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Home My WebLink AboutBay to Sound GFEE Amendment S ��BF}FFOCA'Co2 RESOLUTION 2019-89 ADOPTED DOC ID: 14826 TRIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-89 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 15, 2019: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Amendment to the Agreement dated March 8, 2018 between the Town of Southold and the Group for the East End, extending the time of completion for the Bay to Sound Project, subject to the approval of the Town Attorney. �f. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland,Doherty, Ghosio, Evans ABSENT: Scott A. Russell AMENDMENT TO AGREEMENT DATED MARCH 8,2018 THIS AMENDMENT TO THE AGREEMENT DATED MARCH 8, 2018, and entered into this Aday of January 2019, by and between the Town of Southold,New York("the Town"), a municipal corporation organized and existing under.the laws of the State of New York with offices at 53095 Main Road, PO Box 1179, Southold,New York, and GROUP FOR THE EAST END(the"Contractor"),with an address of 54895 Route 25, Southold,New York 11971; WHEREAS,the parties wish to amend the terms of the previous contract to reflect an adjusted time of completion and payment schedule; and NOW THEREFORE, it is agreed as follows: 1. The following articles of March 8, 2018 contract are amended as follows: ARTICLE 2. TIME OF COMPLETION The services to be rendered under this Contract shall perform the services from March 8, 2018 until with completion of the project on or before March 31, 2021. It is understood by all parties that final completion is subject to approval by the New York State Department of State and that additional documentation may be required from the Department of State after that March 31, 2021 completion date. The Parties agree to provide any documentation requested by the New York State Department of State after said completion date. ARTICLE 3. ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice that the Contract has been fully performed and an inspection by the Town Engineer to certify that the work has been completed to the satisfaction of the Town,the.Contractor shall file with the Town Comptroller an itemized voucher and the Town will pay the Contractor$45,000.- Payments will be made on the basis of the actual work completed in accordance with the following Contract Schedule: • Down payment: $ 15,000.00 upon contract signing • .2nd payment: $ 7,500.00 upon receipt of March 1, 2019 project report from Contractor • 3rd payment: $ 7,500.00 upon receipt of October 1, 2019 project report from 'Contractor • 4th payment: $ 7,500.00 upon receipt of March 1, 2020 project report from Contractor • Final payment: $ 7,500.00 upon completion of work, receipt of all requisite reports from Contractor and final project completion confirmation from the New York State Department of State. Should the Town receive any extensions of their grant contract C 1000970 with New York State Department of State the payment schedule noted above will be adjusted accordingly to reflect the new end date of the project. The Town shall pay the Contractor upon the submission of a voucher at the completion of the project. 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 a voucher and has audited and approved for payment the voucher to be submitted by Contractor in connection therewith. The Town Board shall process any voucher received from Contractor as expeditiously as possible. In the event that the Town disputes or objects to any portion of any voucher submitted by Contractor pursuant to this paragraph, the Town shall,within 30 days of the receipt of such voucher, notify Contractor in writing of such dispute or objection. Contractor acknowledges that Contractor is familiar with the requirements of section 118 of the Town Law which, in effect, prohibit payment of any of Contractor'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. The acceptance by the Contractor of the final payment shall be,and shall operate as a release to the Town from all claims and all liabilities to the Contractor for all the things done or furnished in connection with this work and for every act and neglect of the Town and others relating to or arising out of,this Contract, except Contractor's claims for interest upon the final payment, if this payment be improperly delayed. No payment, however final or otherwise, shall operate to release the Contractor or its sureties from any obligations under this Contract. 2. Except as for the Articles set forth in this Amendment,the remainder of the March 8, 2018 Agreement is unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict between this amendment and the Agreement or any earlier amendment,the terms of this amendment will prevail. REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF,the Town of Southold has caused these presents to be signed by Scott A. Russell, its Supervisor, duly authorized to do so, and the Contractor has caused these presents to be signed by its President,the day and year first above written. CONTRACTOR Group For The East End By: '4�" Aard6 Wain, Vice President Town of Southold By: Scott A.Russell, Supervisor STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On thisV�(day of January in the year 2019 before me,the undersigned, personally appeared Aaron Virgin, a principal, officer,or authorized agent of the GROUP FOR THE EAST END,personally 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 executed the same in his capacity and that by his signature on the instrument,the individual or the person upon whose behalf of which the individual acted, executed the instrument. Nancy Messer r `NOTARY•°. Notary Public,State of New Yor �•® = No 01ME 6177256 puauc ; ,� Ntar Qualified in Suffolk County y P lifiu 1 STATE OF NEW Y & P �' Commission Expires 11/13/20 I r— ) ss.: COUNTY OF SUFFOLK) ,On this day of January in the year 2019 before me,the undersigned, personally appeared SCOTT A. RUSSELL, personally 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 executed the same in his capacity and that by his signature on the instrument,the individual or the person upon whose behalf of which the individual acted, executed the instrument. oy&al' --M " Notary Public LAUREN M.STANDISH Notary Public, State'of New York No.01 ST6164008 Qualified in-Suffolk County Commission Expires April 9,2019 y X n SUFF�C�' RECEIVED a FEB - 4 2019 ' Southold Town Clerk Office of the Town Attorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Mary Silleck Secretary to the Town Attorney Date: February 4, 2019 Subject: Agreement between Town of Southold and Group for the East End (Bay to Sound Project) With respect to the above-referenced matter, I am enclosing the original Agreement together with the Resolution. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /ms Enclosures cc: Accounting