HomeMy WebLinkAboutKlug, Brian - Drainage on Highwood Rd 3
RESOLUTION 2023-997
iAADOPTED DOC ID: 19761
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THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2'023-997 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 5,2023:
RESOLVED that the Town Boardof.th t Town of Southold hereby accepts theproposal of Brian
V. Klug Landscaper,Inc.dated Novemb4r 27,2023 in the amount of$10,500,00 for the drainage
project on Highwood Road;,and be it,further ,
RESOLVED that the Town Board of thel Town of Southold hereby authorizes and directs
Supervisor Scott A.Russell to execute an Agreement between the Town of Southold and Brian.
V.Klug.Landscaper,Inc.in the total amount of$10,500:00, subject to the-,approval,of the:Town
Attorney.
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Denis Noncarrow
Southold Town Clerk
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RESULT: ADOPTED[UNANIMOUS]
MOVER: Greg Doroski, Councilman.
SECONDER-.Brian O.Mealy,Councilman
AYES: Nappa;Doroski,Mealy,E�ans,Russell.
ABSEN=T': Jill Doherty
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erk
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: Denis Noncarrow, Town Clerk
From: Missy Mirabelli
Secretary to the Town Attorney
Date: December 13, 2023
Subject: Agreement between Town of Southold and
Brian Klug — Highland Road Drainage 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.
/mm
Enclosures
cc: Accounting
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TRIS AGREEMENT made and entered -into this of December 2023, 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 Stat of New York(mailing address: c/o Dennis Noncarrow,
Town Clerk, P.Q. Box 1179, Southold, N6 York 11971-0959), party ofthe.first part, and.Brian V
Klug, Landscaper, Inc. (hereinafter refer{sred to as "Contractor") with an address. 'at P-.0.,Box 349,
Speofik,New York 11972, party of the second part.
WITNESSETH: That the Town and Contractor, for the consideration named,hereby agree as follows: 1,
L PURPOSE.
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The Contractor shall provide.professional services in conjunction wi4 the'drainage project on Highland
Road,Southold,New York 1 ,
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2. SPECIFIC SERVICES.
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The Contractor shall perform all the task
q as set forth,in the Proposal submitted to'the Town dated
November 27,2023'and specifically the sco�a ofwork"described in proposal a copy of v lhich,i&attached
hereto as Appendix"A"and made a part her'leof,for the total sum of$10,500.00.
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3. TIME AND ATTENDANCE: COOPERATION. BY TRR TOWN.
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The services to be rendered under this Contact shall,be completed within two(2)months of execution
of the contract. I�
The Town agrees,to cooperate with Contractor, as needed, and to.provide.Contractor with copies of
any"records, documents and other information needed for performance of this;agreement in a timely
basis. The Town further agrees.to provide contractor with access to all work areas and appropriate
officials and/or employees of the Town, asimay 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, nd therefore both shall always use their best faith efforts
to be accountable and promptly-responsive jto each other:
4. COMPENSATION.
In-payment for the services tobe performe� hereunder by Contractor, the Town shall make
payments to Contractor as follows:
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(a) For the services to be.performed by Contractor pursuant-to'Paragraph-"2" "hereof;the Town shall
pay Contractor as set forth in the Propos l (Appendix"W). Contractor-shall submit :an itemized
voucher for work actually,completed on a monthly basis to the Town Comptroller. Such voucher shall
be due and payable within 45 days after receipt of such voucher, subject to review of the
Comptroller and approval for payment by the Town Board.
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(b) The Town shall process any vouchers rtceived.from Contractor as expeditiously as possible.
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(c) In the event that the Town disputes or objects.to any portion of any voucher.submitted by Contractor
pursuant to this paragraph, the Town sh0l, within 30 days of the receipt of such voucher, notify
Contractor in writing of such dispute or objection.
(d) Contractor acknowledges that Contractor is familiar with the requirements of Section 11.$ of the
Town Law which, in effect, prohibits,.paythent of•any of Contractor's claims against the Town unless
an itemized voucher therefore. shall have'fbeen presented to the Town Board/Town Comptroller and
shall have been audited and allowed by th Town Board/Town Comptroller.
S. TERMOF AGREEMEW, TERMINATION.
This agreement shall commence on the agreement being fully, executed and shall terminate upon
completion of, and payment for, all the tasks outlined in the Proposal, provided,.however, that"this
agreement shall terminate immediately in Ithe event that (a) Contractor dies; (b),Contractor incurs a
disability which makes Contractor 'unabl I to:perform ihe.services which Contractor is required to
perform hereunder; (c) Contractor files a''etition in Bankruptcy Court ora Petition is filed against
Contractor in Bankruptcy Court, or Contractor is adjudged'bankrUpi or makes an:assignment for the
benefit of creditors; or (d) a Receiver or iliquidator is appointed for Contractor and/or Contractor's
property and is not dismissed within 20 da�s after such appointment or the proceedings in connection
therewith are not stayed on appeal within the said 20 days.
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In the event that Contractor refuses or fails to provide the services required hereunderwith-due-diligence,
or failsto make prompt payment to persons s�pplying labor for Contractor's:services hereunder;or refuses.
or fails to comply with applicable statutes,laws or ordinances, or is guilty of a.substantial violation of
any provision of this agreement,the Town shall send Contractor written.noiice that Contractor has-20
days to cure said default; and if,at the end of said 20-day.period, Contractor has'not cured said default,
the Town may then terminate this agreement on 7 days'prior written notice.to Contractor.
Except as prohibited by law,the Town and contractor hereby waive"trial by jury in any litigation,arising
out.of;or connected with,or relating to this Agreement.
6. SKILLS OF CONTRACTOR,CONf1,ICTS OF INTEREST.
Contractor represents that Contractor, an any s u b e-o n t r a c t o r ,pe r fox m i n g work under
this contract, have the requisite skills Land experience to perform the services hereunder.
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7. INDEPENDENT CONTRACTOR STATUS.
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Contractor and the Town agree that in the performance of Contractor's,services hereunder,Contractor
is an.independent contractor, and.shall not l�e.deemed to be air employee"or agent, fthe Town for any,
purpose whatsoever. The Contractor shall.assume all,blame,,loss and responsibility of any nature by
reason of neglect or violation of any Feder$l, state, county'or local laws, regulations or ordinances.
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8. CONTRACTOR`S INSURANCE
The Contractor and any and all subcontract)rs performing work, labor or services shall not commence
work under this Contract until it has obtained all insurance required under this paragraph and such
insurance has been approved by the Town.E
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(a) Compensation Insurance: The Contractor shall take out.and maintain during the life of this
Contract Workers'Compensation Insuranc� for'its employees to be assigned to the work hereunder.
(b) Liability Insurance: The Contractor
ishall take out and maintain during the life of this Contract
such general liability, property damage,and commercial auto liability insurance as shall protect it and
the Town from claims for damages for-personal injury, including accidental death, as well as from
claims for property damage which may, arlbe from operations .under this Contract. The amounts of
such insurance shall be as follows:
1. General liability insurance in an amoun� not less than.$2,000,000.for.injuries, including
wrongful death to-any one person and subject to the same limit for each,person, in an amount not
less than $5,000,000 on account of any oing occurrence.
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2. Property damage insurance in an amount not less than$500,000 for damage.on account of all
occurrences, 7
The Town shall be named as a certificate,holder and an.additional-insured.on all Olicies of
insurance and shall furnish propf"o`f same tb the.Town Attorney prior to its'cornmencemeni of any
work-under this Agreement. 1
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(c) Any accident shall be reported to th�office of the Town Clerk as soon as possible and not
later than twenty-four (24) hours from the.time of such accident. A detailed.written-report must be
submitted to the Town as soon thereafter afi,possible, but not later than three (3)-days:after the date
of such accident.
9. INDEMNIFICATION
Contractor and its subcontractors, agents, sorvants and employees shall release,indemnify,defend.and
hold harinless the TOWN,its officers, employees, and representatives from and against any and.all
demands,liabilities,losses,damages,expenses.(including attorney`s fees)and judgments`for any personal
injuries,death,or property damage in any way relating to or arisingfrom this Contract and the services
to be performed under this contract.
10. PROHIBITION AGAINST ASSIGNrM NT.
Contractor is hereby prohibited from assigning, transferring, conveying, subletting or otherwise
disposing of this agreement or his right, itle or interest in this agre'einent without prior written
consent of the Town.
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11. COMPLIANCE WITH STATUTES.?
Contractor agrees that Contractor will comply with all statutes, ordinances, local laws, codes, rules
and regulations which are or may be applicable to Contractor's services, activities and duties set forth
in this agreement.
12. NOTICES,
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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:
To Town: Dennis Noncarrow
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Town Clerk
Town of Southold
PO Box 11.79
Southold, NY 11971-0959
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To Contractor: Brian V Klug;Landscaper,Inc.
P.O.Box 3.49
Speohk,New York 1'1972
13. WAIVER.
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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 waiter shall in any way affect any other term ,or
condition of this Agreement or constitute A 6use or-excuse.for a repetition of such or.any other breach
unless the waiver shall include the same.
14. APPLICABLE LAW. j
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This Agreement and the rights and obligations of parties hereunder shall.be construed in accordance
with and be governed by the laws of the State, of New York without regard to conflicts .of laws and
principles. Contractor hereby submits to the jurisdiction of the Courts of the State of New York.for
all disputes relating to this Agreement and agrees that venue for all disputes shall be in Suffolk County.
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15. 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.
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IN WITNESS WHEREOF, the Town of Southold has caused its corporate "seal.to.be affixed hereto
and these presents to be.signed by Scott Ali Russell, its Supervisor, .duly authorized to do so, and to
be attested to by Dennis Noncarrow, Tov�n Clerk, and the Contractor has caused its corporate seal
to be affixed hereto and these presents thl be signed by its President, the day,and year first above
written.
TOWN OF SOUTHOLD
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By. 14
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Scott.A.Russell,Supervisor
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Brian V Klug,Landscaper,Inc.
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BrianV,,Klug,Preside,
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STATE OF NEW YORK)
COUNTY OF SUFFOLK)ss:
On the /3 of December inthe year 2023 before me,the undersigned,personally appeared Scatt
A.Russell,personally known to.me or pr ved to me on the basis of-satisfactory. evidence to.be the
individual whose name is subscribed to-he 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.
Notary Public (
• LAUREN M.8TANDISN
wro PUBLIC,STATE OF NEW YORK
R lstration No.OIST61
Ouallfled In Suffolk C04
Commission Expim April 9.=
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STATE OF NEW YORK) I
COUNTY OF SUFFOLK)ss:
On the goof December in the year 20 3before me,,the undersigned,personally appeared
Brian V.Klug,,personally known to me of proved to me ori 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 his signature on the instrument,the individual or the
person upon whose behalf of which the individual acted,executed:the instrument.
101114
Notary'Public
KLSERLY HONI.G
NOTARY RUBLIC,State of Newyork
No.Ci H061513462
Qualified in Suffolk County'
Commission Expires• •, l3
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325-1208 A& I
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--1Vandsciaper,Ind.==
P.O.Bo�349;Speonk,N.Y. 11972
Town of Southold November 27, 2023
Michael Collins, P.E., Engineering Dept.
53095 Main Road
Southold, NY 11971
PROPOSAL: Highwood Road, Southold NY
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Demolish one leaching catch basin a0 d replace with a catch basin, two domes on
existing leaching pools replaced with` ' diameter by 2'deep leaching rings and traffic
bearing slabs and approximately,40' of 15"diameter corrugated mefal,pipe(CMP)
replaced with 1.2" diameter HDPE pipe on Highwood Road in Southold.
• Structure cb1 Highwood Rd is,�o be demolished.and replaced with oneAt x
2'60W x 4'deep catch basin with a rectangular curb grate.inlet
e Approximately 10'of 15"diam�ter corrugated metal pipe will be replaced with 12"
diameter HDPE pipe between Structure cb1 Highwood Rd and Structure Ib1
Highwood Rd
® The dome on Structure Ib1 Highwood Rd is to be demolished and replaced with
one 8' diameter x 2'deep leaching ring, a traffic bearing slab and a-24"cast iron
clean out cover to grade
b Approximately 30'of,15"diameter corrugated metal pipe will beseplaced with 12"
diameter HDPE pipe between Structure lb1 Highwood Rd and'Striicture,lb2
Highwood Rd
o The dome on Structure Ib2 Hidhwood'Rd is to be demolished and replaced with
one 8'diameter x 2' deep leaching ring, a traffic bearing slab,and a 24"cast iron
clean out cover to grade-
• The Southold Town Highway Department.will obtain utility,mark outs:and,saw cut
the asphalt with a road.saw'pri6r to the start of construction.. .
• The Southold Town.Highway Dep.artmentwill provide barriersand signage'so
that the road can be closed in the vicinity,of the project area-during construction.
* The Southold Highway Department will provide the precast concrete Witch basin,
leaching rings and traffic bearing slabs for this project.
• The Southold Highway DeparftY ent will provide the cast iron rectangular curb
grate inlet and 24"clean put,c vers'for this project.
• The'Southold Highway Department will provide,the 12"diameter HDPE pipe.for
this project. }
• Upon completion of the project the road must be restored with 6"of compacted
RCA to the existing road grade.
• The Southold Town Highway Oepartment will provide the RCA.
• This job DOES NOT INCLUDE,asphalt restoration or.curb restoration.
• The contractor is responsible for the.disposal of all asphalt'debris and excavated
materials generated during the{course of the project.
• This is,a prevailing wage job. Certified payrolls to be provided with°final invoice.
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TOTAL: $10,500.
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