HomeMy WebLinkAboutNelson, Pope & Voorhis - Laurel Links TOWN- COPY`
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AGREEMENT
THIS AGREEMENT, made this 1�k day of March, 2000 between the TOWN
OF SOUTHOLD, a municipal corporation of the state of New York, having its office
and principal place of business at 53095 Main Road, Southold, New York 11971,
hereinafter called the"Town" and,Nelson,Pope & Voorhis,LLC, 572 Walt
Whitman Road,Melville,New York 11747 hereinafter called the"Contractor".
WHEREAS, the'Town of Southold did heretofore request and receive a proposal
from the Contractor to perform all the work required for the environmental
engineering services related to the Laurel Links project, in the amount of five
thousand dollars ($5,000.00)
WHEREAS, the Town of Southold accepted the proposal of the Contractor on the
aq of February, 2000.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The Contractor does hereby agree to perform all the work required to construct,
perform and complete work related to Site Development Review for Laurel
Links in accordance with the plans, contractor's proposal and all conditions set
forth in the correspondence document entitled dated November 23, 1999, and
revised February 18, 2000, including attached exhibits, which is annexed hereto
and made part of this contract.
2. The Town does hereby agree to pay the Contractor for the work, up to and
including the total sum of Five Thousand Dollars ($5,000.00) within sixty (60)
days of the completion of said work and the acceptance thereof by the Town.
3. The'Contractor shall secure and maintain such insurance that will protect
him/her from claims under the Worker's Compensation Acts and from claims
for bodily injury, death or property damage which may arise from the
performance of his services under this Agreement, in limits of$1,000,000 and
$2,000,000 aggregate liability for bodily injury and property damage. The
Contractor shall indemnify and hold harmless the Town from and against all
suits, claims, demands or actions for any injury sustained or alleged to be
sustained by any party or parties in connection with the alleged negligent
performance or negligent performance by the Contractor, his employees or
agents or any subcontractor and in case of any such action brought against the
Town, the Contractor shall immediately take charge of and defend the same at
his own cost and expense. In addition, the Contractor will name the Town as an
additional insured on any applicable policies.
4. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
Town of Southold
sy
Jea&` . Cochran, Supervisor
2 --
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By
Designated R presentative
Nelson, Pop & Voorhis, LLC
3
J. r-ir sorm, POPS ayocamIB, LLC
ENV iACNM2NTAL - PLANNING • CONSULTI NO
OMAR4H5 J v0pRM1d,CCR.NCP•ARTHUR J.KCERBEK RE•VINCENT B,DONNELLY,PE,
•viCTOR BERT,P.E.-JOSEPH A.EPIFANIA,RE•RODGAT p NGLCON,49,RG•
OMSTOPHER W.ROBINSON RE
November 23, 1999
Revised February 18,2000
Town of-Southold
Planning Board
Town Hall,53095 Main Strut
P.O.Box 1179
Southold,NY 11971
Att: Melissa Spiro, Senior Planner
Re: Laurel Links,Town of Southold
Engineering Review of SitePlan/Subdivision
NP&V,fob No.95166
Dear Ms. Spiro:
Nelson, Pope & Voorhis is pleased to be afforded the opportunity to,present the following
proposal for environmotal engineering services for the above referenced parcel. All engineering
services will be completed by Nelson&Pope,LLP with Charles Voorhis as managing partner.
We are in receipt of the preliminary drainage'plans (Map dated.10/15199 Sheets'1:45 and the
slope analysis map;as well as the updated Preliminary Plat(sheets 1-4)and the Site Plan(sheets
1-4)dated last dated January 19,2000..I would expect that once authorized,these.are the plans to
be reviewed. I have reviewed the scope of services idbritifled in your letter. It is difficult to
breakdown each of'thase items (i.e. subdivision, roads, Or..; golf eours4ond design; and site
plan/parking drainage) since these items are intertwined: As a result, I have-provided an upset
cost for services,and the Town will-be billed only fof time expended in review of the project, up
to this amount.-
This proposal, consisting of Exhibit A "Scope.of Services ", Exhibit B "General Terms and
Conditions",and ExUbit G."Rate•Schedule",represents the entire,undcrstanding between you and
Nelson&Pope withzespect to the project. Please let me know if this is satisfactory,and provide
a letter authonzing these services. We•will eommenoe this project immediately-and would expect
to complete,these•Services within approximately 3-4 weeks. We will try and work with your
schedule of meetings to'meet your needs so please feel free to call.
If you have any questions or would like to'discuss the proposal please do not hesitate to contact
me.
R.espectf idly submitted,
MELS V RHES LLC
Vallacs J'Vlforhis,AICD
P/Mle: 99-533
57I2 VVALT•WKITMAN ROAD, MELVILLE, NY 1474.7.121 GO
(d 1.81 487-l56A5 PAX (618) 627-sei2c
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EXHIBIT A Page 1 of I
INITIAL N&P CV
Client
EXHIBIT A
SCOPE OF SERVICES AND FEES
Laurel Lhdw,Town of Southold
A. Site Development Review
1. Review residential and golf course development plan for conformance to Town
site development regulations and standards,including:
a subdivision aspects of the project,including road and drainage review
and drainage review pertainuig to residential lots;
b. the site plan application•and actual golf course design, berming,pond
creation,etc.;and•
C. the site plan drainage aspects associated with the proposed structures
parking areas,etc.
Fee: Time Rates
Budget:$5,000.00
2. Not Included—Services riot included,include but are not limited to following:
a) Review of final map,
b) Boundary and-topographic survey,
C) Review of indivWuial•building and health department plot plans,
d) Witness test hole,
e) Field verification,construction inspection;
f) Landscaping and irrigation review,
g} W�ter main design review,
h) Sanitary disposal system review,and
i) Review of environmental•assessment.
j) Roadway alignment and improvements.
k) Off-site roiddway improvements along site frontage.
B. Meetings and Hearing—Attendance at meetings and hearings at request of Client shall
be billed at Time Rates.
Fee:Time Dates
Budget:$500.00
M[IBIT H Page ��f�
INITIAL NP&VJ/_,�.J
• " Client C.
GENERAL TERMS AND CONDInONS
The following General Terms and Conditions are applicable to Agreements 2,0 INSVILANCE
between Nelson, Pape &e Voorhis, LW and Nelson A Pope, LLP (lereinaftcr N&P represents and watrirrts that it now has in full effect and will maintain the
'VdcP�and the Clltaet, when attached to and trade ;Mn of such Agreement or following inauwce's for the duration of this proleer
Proposals.
1.0 ,INVOICES,REL,MBURSABLE EXPENSES,F4CALATION OFFEES N&P will furnish to the 5s of
certcK coasts c ,when
re upon request,bliens, rnswill
for
insurance coverage in excess of these wrerage's,whin requested by the Client,will ire
1.1 Invoices charged to the project and are subject to reimbursement,
N&P will submit invoices to Client monthly on N&P's standard invoice form, 2.1 Commercial General Liability Insuraoce coveting as insured N&P and as an
temp net thirty(30)duyb. Partially completed items of work for which a'fee has been additional insured Client with the following lints of liability.
speeifred will be billed based upon percentage of completion as estimated by N&P, Personal Adv.Injury- SI,t100,000 for each occurrence
uthtnYiu,invoices will be based upon N4LP%Schedule of Standard Hourly Rates in Products-ComplOP egg SI A00,000 for each occurrence
effect at the tune Ow work is perfarmcd. Past due balances are subject to interest of General A13b'rogal, 52,900,800 it the aggregate
1.0 percent per month,or the maximum permitted under state law,whichever is less, Excess LiabBity-Umbrella SI,000,000 for each occurrence
IMP,atter giving seven(7)days written nonce,may suspend services under any and 51,000,000 in ole aggregate
Agreement until all past due accounts,Including applicable interest,have been paid.
in the event than tf•e invoice is act paid voluntary and promptly,and must be referred 2.2 Worker's Compensaton Laurance securing compensation for the benefit of
to an attomcy or agency for collection,the Client agrees in pay to N&P,N&P's N&P's employe m as required by the Worker's Gbmper>bation Lew, Premiums f(x
reasonable collection uxl auomey's fee equal to 25 percent of the iota]amount due at additional insurance coverage rcqutred far cart on or near the waterfront will be
that time. charged to the project and are sulrjedt to reimbursement.
The minimum time segmcns for charging of survey field work is four(4)hours The 23 Comprchcodye AulonwWle Liability Insurance covering awned,non-owned,
minimum time segment,for charging of all other work is one-half hour. Where and hired vehicles with the following limits of liability:
applicable. rental'charges w.11 be applied to the project to cover the cost of Combined Strlgie Limit $1,0KOW for each occtutcricc
insbumentation w&,,)r technncal equipment.
1.2 RdmbursableFatpenstx L4 Prefestlonal Liability Insatrance inaiainb against tt elgent acts, errors and
omissions,by N&P,in an amount of St,O(]0,000 per claim with a$2,000,000 e85regalc,
Reimbursable expenses are charged to the Cliental dost plus ten percent(1(M)and 3.0 CLIENT'S RESPONSIBILI IES
include,arnang other Rrprotludhon of things the following items!
1.2.1 Reproduction of plena;specifications and other documents,inchidiag plans 3,1 no Client shall provide all criteria and full information as to Client's
and documents necas ary for submission to regulatory agencies, but excluding in res rcct t fall Project;designate a;czar to act colon authority on Cl'eat's behalf
documents reproduced for use by N&P and any of its consultants. N&P in respect to all aspects of the Pn notice
exam,& and respond promptly to N&P's
reproduction chat>Ies for documents reproduced by N&P aro. photocopying, becomesa w tato five defects written notice w N&P whence er he observes un otherwise
S0.10/page;binding, SY.SO/repot% blueprint papa# 30.33isf;sepia pager$0.601sf; becomes aware ofany defect in the work;
myfar,55.00/af;blactline prmcmation paper,$2.50/sQ and vellum floes,$2.50/sf; 3,2 The Client shall provide right of entry for N&P ptasatulol and equipment
1.2.2 Permit, Application and Filling fees advanced by NO. to general, all necessary tb complete the work'
processing fm including but not lindted to permits and applications shall be the 3.3 While N&P wlll take all reasonable precaudems to minimize my damage to
responsibility of the Client; the property,it is understood by Client that in the normal course of work some damage
1.23 The cost of equipm eat rental including where applicable equipment operators, may niacin,the correction of which ianotpart of flus ogre cancan:
and euboontracled service%such as authorized photograminctry, testing services, 3,4 The Client shall be trgmsrble for payment of all fees in connection with the
geotccladoal acrviatia, lahvratory serview, anheolooeal servk% end other Nee
specialized aervlcea by consultants,excluding those services which aro cVlieitly
included in the Nap proposal; 4A COMMENCEMENT AND COMPLETION OF WORK
LZA Expenses for the speclAc benefit of the Cliertecoms sting of travel,Incidental 4,1 N&P shall commence work on this project after receipt of a signed Pnrpcual
expenses, and expendable materials and,supplies purchased specifically for the why txtabliahes our Agreement for Professional Services at a schedule agreed upon by
project. N&P and Clicat;
1.24 If the services covered by this Agreement aro subjca to local or ptatc taxes or 4,2 Proposals that have been submitted but not signed will be considered as being
fees(except state uncomic taxes),such additional costs will be charged to the project .socoprcd if the client verbally kmtruats UP ib W0406d;
and ms subject to f imbumement as provided herein, 4.3 . Should the performance d completion of the work by UP hcmunder be
IJ EssalatlomefFm delayed by flood,eerthqua]x,fare,srrDaes,govetnmerical orders of any other sindlar or
dissindlar•eauses beyond the control of"N&P or due to changes, delays, aCts or
1.3,1 Fees and scitodule corimitments are subject to renegotiations for omrscans,M'Clturit,contractors or choir agents and repn:senlativea,then the time for
eaaeasonable delay caused by the Cheat's fdlue m provide specified Wlitits or Womaancc or owWladon by NO hexeunderslrall be extended for the period of such
infor n itmi or for delays caused by unpradictablee occurrences,or fame ttajeume, dctayrs.
such as fires,floods,strikes,riots,unavailability of tabor•or riatarials or services,acts
of(Ind or of the public enemy,at acts or-regulations of any governmental agency. 5.0 CHANGED CONDITIONS
Temporary work stoppage caused by any of the;above may result in additional cost Cttrtsin con4itions may arise during rho performance of our services which may differ
(reflecting a change in scope)beyond that outlined in this proposal; significantly fivm those sasumed to exist when 4e Scapo of Swvicw was prepared,
1.3.2 N&P shall Have the tight to Increase it's compensation payable by the if,in the G&ion•of Nap,time Agreement is no longer adequate in lisht of occumances
Client to N&P in the event that N&P true modify services,facilitieb or equipment to or discoveries cleat were not originally contemplated by or known to us,we have right to
comply with lama or regulations that beconta; ttftetdve saltier rxeeuGon of Ihis ienagotiate the Agreement by first lde nal& g the Changed Condition add inforu»ng the
Agreement,provided that N&P give the Client thirty(30)days prior notice as to the Cheat
cause toruaealadattsndthd additional ammo invblvedt
1.33 N&P stay mike an annua-I adjtutmlent to its Standard Hourly Rates on or The Client and N&P shall promptly and in goad faith.enler into renegdGation of the
sheat Auguatl"of each year. Services perforncd on an hourly cast bas's will be Agminent to help ns to most the CllactVs nesda. If renegodaa�terms uanvotbe agreed
invoiced is accordance with ilia PAlc Sehecule in e&ot at ore time such services are tn,the Client agrees.that N&P has an absolute right to to rtrrirunm Qtld Agsdamrern4
pedvttrted. -
MTLA T B, Page
Client
6.0 COMPLIANCE WITH CODES AND STANDARDS 10.4 The Client shall snake no claim for proressional negligence,wither dirway or
N&P's servicer shalt be consistent wiGt sound en u>eerin priceless and shall in a thardimV claim,against N&P unless the Client has fest provided N&P with a
a1 8 written ecrtiGwtion executed by an independent design professional currently practicing
incorporate those publicly annourized federal,state and local laws rules,,regulanons, in the saltie discipline as N&P and licensed in dte state in which She project for which
codes and standards that are applicable at the lime N&P renacred their services. In N&P•s wrvlces were tendered Is boated, This certification shall: a) identify the name
the event of change in s law,rule,r�cgulapon,code,standard or similar docurnent and license number of the ccMilcr; b)specify each and every act or omission that the
NRiPshall asacist its imtpact, If,in N&P's prtofessioral opinion,:he impact is such to aztirter contends is a violation of the standard of care expected of a design professional
significantly affect N&P's Ices, costs or anticipated completion dere, a Changed performing professional services under similar cnzurnstanocs;and c)state in complete
Condition shall be dccmd to exist and ab ill be dealt with pursuant to Section 5. datatl the bitssis for the eertifices opinion that each such sat or ormasron eonstituta such a
In any event,the Client uwnives any maim against N&P, and agrees to defend, violation. Tins oertifiaale shall be provided to N&P not less than thirty(30)calendar
indemnify and hold N&P harrmdcss for any claire or liability for injury or loss days pato,to the pres«ttation of any claim or Qx institution of any arbitration or judicial
allegedly arising from N&P's fail=to abide by federal.state and local:awe,rules, proceeding,
ragulationc,codes and standards that were trot in effect or publicly announced at the 11.0 DISPUTES
am-wher N&P otherwise would have incorporated their intent into the work. The
Client furl er agrcea to=npcnsatc N&P for any rime spent or expenses merged by 11.1 In the event that adisputo should wrist relating to the performance of the.services
N&P in,defense of any such'claim, r accordance with N&1"3 prevailing fce to be provided under this Agreement,and should that dispute result in litigation in which
schedule and exi mse reimbursement polio and the st=mcnts film Icgal xrviccs N&P prevails,it is aapted Hutt N&P shall be canted to recover all reasomblc costs
rendered to N&P. incurred as a result of the.claim,including staff ams.court=13,attorney's fccb and
"..0 MAINTENANCE OF PROFESSIONAL STANDARDS AND ETHother elalttn tainted expeises.
It 2 Not withstauiung the forgoing, N&P shall have the right to submit any
The Client recognuzes that N&P's services in all casts must be rrndcird in controversy or claim arising out of or relating to this contract,or the breach lhemof,to
accordance with prevailing profesdorini standards ant:ethics,as well as exam laws binding arbitra4on adnanistan d.by the American Atbitrabon Association in accordance
or regulations that apply specifically to N&P or to the engineering profession. with the Construction Industry Arbitraaon Rules,and judgment on the award rendered
Services pafot�rted by N&P under this Agrcetnettt w!ti be conducted m a trkmncr by the arbitrator(s)natty be cnWrc4 in any court having jurisdiction therwE
comstent with tttr level or care and skill originally exercised by rrs:e^rs of the
prgfcssion eutren4y practicing under sittuiar eonditioom NO OTHER WARRANTY, 12.0 TERMINATION
WRESSED OR IMPLIED,IS\RADE. If u ti'.uation emerges that causes N&P to 12.1 this Agreattent may be temraittatrtd by either party upon tett(10)calendar days
bdievc compliance with tine Client's wishes could result in N&P violating ase written notice in the event of substandal failure by the other party to perform in
applicable provision ore Clieofprofessional sued N& orethics,lawsi fnenterintorm, accordance with the terms hereof Such termination sball not be effective if gnat
N&P shall so>irlviae the Client. The Client and N&P shall immediately tater into substantial failure bac leen remedied before expitzition of the period specified in the
discussions w wrivc at a mutually satisfactory solution. Failing achievement of a written notice. In the event of k7m inatitm,N&Y shall beptrid for wvicet perfonned to
solution.either party may terminate this Agreement In accordance with tetrdt2&r..
the termination notice date phu reasanakale lamination expenses.
provitions sinned herein.
8,0 OWNERSHIP OF DOCUMENTS 12,2 This Agreement racy be terminated by N&P,pursuant to Section 5 and 7
hcrcof,upon ten(10)win cedar days writscn notice.
8.1 Ali reports, studies,•plana and specifications. lags, field data, field notes, 123 In the evesrt of termination,,or suspension for rare thus three(3)months,prior
labor=ty test dm calculations,estimates and other documents prepared by N&P a` to completion of all work contemplated by this Agreement. MP nuV complcu such
instruments of service,shan remain the properly of N&P.
. wmlye;te and tocat>jw as too nceeseary to complete its files and pay also complete n repeat
8.2 Client agrees that all reports and other work furnished to the.Client of his on the services perfara cod to the date of notice of tennirmdon or betsprnsion. The
agents,which is not paid for,will be returned upon demand and Will not be rased for expenses of termination or suspension shall inch* all direct casts of N&P in
any purpose Whatsoever; completing such arimlyses and reports_A final invoice will be calculated an the frrbt.or
8.3 N&P will thin alit pettatent records relatin to the services perforated for the I ificrath Of ft 111011th(whichirvu comrca first)following the end of the cancellation
period of three yom following subnmissior. of the report, study, plans and
pMod(the gffecdve date ofedaacellation).
specifications,during which period aha records will be m640 available w the Client 12.3.1 When;mod:od of contract payment is hump sum,the final 'invoices will be
for Inspection at N&P's office,at reasonable timet,provided,howevt';.~,(het all N&P biked an alae•percentage of work completed to the eiftchve date of cancellation,plus 3
invoices rtrndercd in connection with chef services pe riernted have been paid; percent of the billing;to such date as a closeout oosu
4.0 DEFECTS IN SERVICES 12.32 Wbere rnefiod of centrad payment is leased on time and materials,the final
The Client and the CJleni es personnel. contractors and subcontractors shallinvoice will inelude all terviect and dit'ect expires attso Wed with Oat project up to the
promptly ngxm:a t N&P sany edeas w suspected defectsin NArs work or services, elfectiw date of eancellathan,plus 3 pesnaaat of the billings to tach data its a closeout
in order that N&P may take prarnp6'efiiective treasures which in N&P's opinion will' s
mainirraize•the carsequrraoac ofa.dcfcct is t Ilex. 12,33 Wbere mtQW of contract papmatmt is cost plus a fixed fm the final invoice
10 0 INDEMNIFICATION AND 1[1MITATION OF LIABII ITY will include all pmts to d;w of lerminarion and a pm�rata share of the fixed fee plus 3
percent of the billings to such date as a closeout cost;
10.1 N&F ager+t0 hold the Client barn9css 8mm and against all dentis arising The eloscout cost refehtvd io in 12.3.1,12.3.2 iced 123.3 herein is not to be considered
out of the negligent profear ions:acts,cam mid amdssiors of N&P in connection as �d,,but rcpreacnts ten alkavrataec for demobilization of personnel and equipment
with the performance oCehe wont described in this Al teerttent; and casts not available on'shmt nodce.
10.2 N&P thall not be responsible for the sca or omissions of ft Client, 13.0 GOVERNING LAW
contractor or any third parties in connection with or arising out of the project The
Client horoby bolds hattnless and indemnifeet N&P ngt inat nit elaium,danwan. The Jaws of the state in which the office of N&P,per5orndng the work under this
mss,suit%expgww,and atterrney's foes which troy be incurred by N&P which atise Agreement,is domiciled will govern the validity of this Agreement,its interpretation and
out of the foregoing. Expenses shall include,but not bo limited to time charges by performance,and remedies for contract breach or any other claims related to this
N&P's panniers and ea Vloyees al N&P's than awdard horsily fees. Agreement
io The Cliaxat agrees that N&P't total,aggregate liability to the Client orad to 140 ASSIGNS
all eoastructiort conaec[ors and subcammotors an the pmject, due to N&P's
picifizional negligcat sets,errors or omissions.shat!not exceed IW!s total fee for Tha Cleat may not delegate,align,sublet or ha nslir his duties,obligations or iniortid
services Rodded on the projectin Itis Agreement without the written consent of N&P.
h, 4
EXHISiT C 1C,
e 1
tN ML NP&v
Clicni
EXHIBIT •C
RATE SCHEDULE
Time Rates Fee Schedule for items previously listed as time rates and other
services that may be required bui are not included in this proposal:
Office principal $150.00
Associatc $135.00
Senior Engineer&Surveyor $120.00
Design Engineer $1.10.00
Hydrogeologist $ 95.00
Engineer&Survey Technician $ 90.00
Inspector $ 90.00
Senior Environmental Analyst $ 90.00
Senior Environmental Scicntist $ 90.00
Environmental Scientist $ $5.00
Environmental'Analyst $ 90.00
Environmental Planner S 80.00
Environmental Technician $ 75,00
Draflsxnan $ 80.00
Typist $ 60,09
TOTAL P.06