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HomeMy WebLinkAboutBowne, Sydney B & Son ELIZABETH A. NEVILLE TOWN CLERK REOISTRAi~ OF VITAL STATISTICS 1ViAR~GE OFFICER ,RECORDS NiAI~AGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall~ 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765~6145 Telephone (516] 765.1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR' MEETING OF THE SOUTHOLD TOWN BOARD HELD ON JANUARY q. 2000: Resolved that the Town Board of the Town of Southold authorizes the Supervisor, Jean W., Cochran, to execute a contract with Sidney B. Bowne & Son, LLP. to provide building inspection services with respect to the Pecon[c Landing project. The contract subject to the approval of the Town Attorney. Southold Town Clerk January ~. 2000 AGREEMENT between TOWN OF SOUTHOLD and SIDNEY B. BOWNE & SON, LIP CONSULTING ENGINEERS THIS AGREEMENT made this l~Ith day of January ,-,Z~o~--by and between the TOWN OF SOUTHOLD, a municipal corporation of the. State of New York, having its office at 53095 Main Road, Southold, N.Y. 11971, hereinafter called /he TOWN, party of the first part, and CHESTER C. KELSEY, ROBERT A. STANTON, ZABDIEL A. BLACKMAN, FRANK J. ANTETOMASO AND GEORGE L. ,FAGAN, doing business as SIDNEY B. 'BOWNE & SON, 235 E. Jedcho Turnpike, Mineola, New York 11501, hereinafter called the ENGINEER, party of the. second part. WHEREAS, the TOWN desires to employ the ENGINEER to render certain professional engineering services related to the Town for construction phase services related to Peconic Landing Project for the Town of Southold; and WHEREAS, the ENGINEER is skilled and experienced in the services required and so adequately staffed that the immediate and efficient undertaking of the required wor.k can be accomplished; and WHEREAS, the ENGINEER is willing to provide these services for the consideration and upon the terms hereinafter stated; NOW, THEREFORE. in consideration of these premises and of the mutual covenants, herein set forth, the parties hereto agree as follows: SECTION 1. BASIC SERVICES OF THE ENGINEER 1.1. It is, agreed that the ENGINEER'S obligation under this Agreement run to and are for the benefit of only the TOWN. 1,2 The scope and details of the services to be performed under this Agreement are more fully described in Exhibit 1, Proposal for Engineering Services letter dated January 27, 1;999, attached hereto and made a part hereof; SECTION 2. OPTIONAL SERVICES BY ENGINEER 2. t One or more additional services may be required in carrying out the work. Because it is, not' possible to determine in advance the need for such services, they are included as separate-from the baslc'~-services~ These optional services will. be undertaken only upon-written authorization by the TOWN. SECTION 3. SERVICES BY TOWN 3.1 It is agreed that certain, services shall be performed or furnished by the TOWN, These services include: 3.1.1 Assisting and cooperating with the ENGINEER in completing the work in a timely and effective manner; 3.1.2 Designating a representative who shall have authority to transmit instructions, receive information and enunciate TOWN'S policies and decisions; 3.1.3 Make available existing data concerning the TOWN'S facilities; 3.1.4 Arranging for and holding promptly any special meetings and any required meetings as requested by the ENGINEER, serve all required public and private notices, receive and act upon all protests and fulfill all requirements necessary in the development of the projects, and pay all costs incident, thereto; 3.1.5 Providing access to and obtaining permission for the ENGINEER to enter upon public and/or private lands as required for ENGINEER to perform surveys, observations or other necessary functions; 3.1.6 Furnishing required approvals, permits or consent from governmental or -regulatory bodies or others, which the ENGINEER determines is necessary for the completion of the work;, 3.1.7 Making available to the ENGINEER ali of its existing information which may in any way be'pertinent ~o the work herein described; 3.1.8 Responding within a reasonable time to the ENGINEER'S requests for written decisions or determinations, pertaining to the work, 'so as not to delay the services of the ENGINEER; 3.1.9 Giving prompt written nctice to the ENGINEER whenever the TOWN becomes, aware of. any event, occurrence, condition or circumstance which may substantially affect the ENGINEER'S performance of services under this Agreement; 3.1.10Taking all municipal, corporate or other action necessary to authorize, finance and carry out this Agreement and to ensure that this Agreement constitutes, a valid and binding Agreement of TOWN; SECTION 4. AMOUNT AND METHOD OF PAYMENT 4.1 For all engineering services provided, payment shall be made in accordance with Exhibit 1. SECTION5. CHANGES 5.1 The TOWN may, at any time, by wdtten order, make changes in the services or work to be performed within the general scope of this Agreement. 5.2 If such changes cause an increase or decrease in the ENGINEER'S cost of, or time required for, performance of any service under this Agreement, an equitable adjustment shall be made and this Agreement shall be modified in wdting accordingly. 3 SECTION 6. SUSPENSION OFWORK 6.1 The TOWN may order the ENGINEER in writing to suspend, delay, or interrupt all or any part of the ENGINEER'S services for such period of time as the TOWN.may determine to be appropriate. .6.2 If the performance of all or any part of the ENGINEER'S ser,/ices is suspended, de.laLyed, or rinterrupted by the TOWN'S act or failure .to ast,.an adjustment shall be made, if warranted~ for any increase in the cost of performance of this Agreement (including profit),caused by such suspension, deJay, or~inte~ruptipn, and th'e Agreement shall be'modified ia writing accordingly. 6.3 Such suspension delay, reduction or interruption shall not give dse to any cause of action for damages against the TOWN. SECTION' 7. TERMINATION OF AGREEMENT 7:1 It ,is expressly understood and agreed that the TOWN may terminate this Agreement at any. time by giving the ENGINEER 10 days written notice either personally at-one of the offices of the ENGINEER or by certified mail, return receipt requested, to the principal office of the ENGINEER. The ENGINEER may~erminate this Agreement upon 2Odays written .notice if the TOWN does not pay the ENGINEER'S invoices within 60 days after receipt of the invoice by the TOWN or if the TOWN otherwise .substantially fails to fulfill its obligations .under this Agreement. 7.2 In the event that this Agreement is terminated by either the TOWN or the ENGINEER, the ENGINEER shall be compensated for all services performed to the date of termination including reimbursable expensesthen due. For those portions of services rendered to which this arrangement cannot be applied, payments shall be based upon reasonable rates'for the ENGINEER'S actual time spent on the work. 7.3 Such termination shall not give nse to any cause of action for damages or extra renumeration against the TOWN. SECTION 8. INSURANCE 8.1 The ENGINEER shall secure, and maintain such insurance as will protect him from. claims under the Workmen's Compensation Acts and from claims for bodily injury, death, or property damage which may rise from the performance Of his services under this Agreement, in limits of $1,000,000 per occurrence and'$2,0OO,0QO aggregate liability for bodily injury and property damage. In: addition, the 'ENGINEER shall secure and ma'm~ an umbrella pdlicy with a limit, of $1,000,O00. and a professionakliaJoJr]ty policy ia,the amount of not [ess than, $1,00~)~00D insudng the: ENGII~]EER~acjCnst errors and omissions, The;TQWN will be named'*:as.aa,.addJtlon~ldn~'tt~,ed on b~l, a~lmable policies. The saidJnsurance policies Or .cer~ficates' ,shalb be ,submi~ted 'to the ¥own Attorney for aoproval.asto form and context pno~to tl-~ s~gr~ing o~¢~greement copies thereof' shall be supplied to the Town Cler~ to be,filed therewith. SECTION 9. INDEMNITY 9.1 ENGINEER shall indemnify and hold harmless TOWN from and against'all: suits, claims, demands or actions for any injury sustained or alleged to be sustained by any' party or part[es in connection with the alleged negligent performance or negligent performed by the ENGINEER, his employees or agents or any subcontractor and in case of any such action shall be brought against the TOWN, the ENGINEER shall immediatelytake charge of and defend the same at his own cost and 'expense. SECTION 10. OWNERSHIP OF DOCUMENTS 10.1 All completed drawings, tracings and master specification sheets to be prepared and fumished by the ENGINEER shall remain the property of the ENGINEER upon their approval and acceptance, in writing, by the TOWN or upon prior termination of the ENGINEER'S services. The ENGINEER shall fumish to the TOWN one (1) complete set of sepia reproductions of the contract drawings at no charge. 10.2 The ENGINEER'S tracings or master specification sheets or reproductions of them in whole or ~n part shall not be used in additions to the Project or on any other project, except upon written agreement with the ENGINEER. 5 SECTION 11. GENERAL PROVISIONS 11. l This Agreement shall inure to the benefit of and be binding upon the legal representatives and successors of the parties, respectively. 11.2 Interpretation and enforcement of this Agreement shall be in accordance with the laws of the State of New York. t:1.3 Except'~as this ,Agreement otherwise provides, all claims, counter-claims, disputes and othermatters i~ question between the TOWN and,,ENGINEER.arising~out of or relating to thisAgreemen[ ortho breach of it will be decided by arbitration. 11.4 The ENGINEER must obtain the TOWN'S approval ;prior to using a subcontractor. 11:5 The ENGINEER specifically agrees, as required by the General Municipal Laws, Section 109, that he is prohibited by law from assigning, transferring, conveying, subletting or otherwise disposing of the Agreement, or of his right, title or interest therein, or his power' to execute such Agreement, to any other person, company or corporation, without the previous consent in Writing of the TOWN. 11.6 The ENGINEER~ in entering into this Agreement, specifically agrees that the provisions ~of Sections 103-A and 103-B of the General Municipal Laws, which are hereby incorporated herein by reference, applies to this Agreement, and that the parties expressly covenant and agree that they and this Agreement are fully subject to. the provisions of the said laws. 11.7 The ENGINEER shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings, or specifications supplied by him and he shall hold harmless the TOWN from loss or damage resulting therefrom, providing, however, that the TOWN, within ten (10) days after receipt of any notice of infringement or of summons in any action therefor, shall have forwarded the same to the ENGINEER in writing to the address herein given for the ENGINEER. 6 IN WITNESS WHEREOF, the TOWN and the ENGINEER, acting herein by their duly authorized representatives have hereunto set their hands this day and year first above written. TOWN OF SOUTHOLD J~ W. COCHRAN,'SUPERVISOR SIDNEY B. 13OWNE & SON LLP CONSULTING ENGINEERS FRANK d. ANTETOMASO, PARTNER WITNESS: TOWel CLERK I:~SOUTHOLD~AGREEMNT. DOC 7 Aon Risk Services December 29, 2000 SIDNEY B. BOWNE & SON CERTIFICATE OF INSURANCE POLICY TE'RM~ 12-31-00 TO 01 To Whom It May Concern: In reference to the captioned, attached is renewal Certificate of Insurance. If y?fi'~, hould have any questions, please feel fi:ee to call. / : ! sificer ly, 1lent Service Associate Enc. Cc: Alan Zane Cc: Mr. Vintfie DeVita - Sidney B. Bowne & Son One Huntington Qmdrangle ·Melville, New York I 1747 ,EL[ZABETI~ A. NEVILLE TOWN CL~RK REGISTRAR OF VITAL STATISTICS 1VIARRL~GE OFFICER RECORDS ~NAC.~E~L~NT OFFICER ;~REEI30M OF IIxTFOi~/IATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southol~-, New York 11971 Fax (631) 765-6145 Telephone (65t) 765-1800 OFFICE OF THE TOWN CLERI~ TOWN OF SOUTHOLD July 27, 2000 Frank J. Antetomaso, P.E. Sidney B. Rowne & Son 235 East Jericho Turnpike Post Office Box 109 MJneola. New York 11501 Dear Mr. Antetomaso: Enclosed please find a copy of the fully executed consulting agreement between the Town of $outhold and your company to provide professional engineering services related to the Peconic Landing Project. I am retaining one original copy in my files. I believe the other copy was sent to your Smithtown office in January. I hope this copy will suffice. If there is any problem, or you have any questions, please call me at 631 765-1800. Very truly yours, Southold Town Clerk Enclosure ELIZABETH A. ,NEV!LI.E TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER F2EEDOM OF INFORMATION OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax 631) 765-6145 Telephone 631) 765-1800 OFFICE OF TIlE TOWN CLERK TOWN OF SOUTHOLD January 1~, 2000 Sidney B. Bowne & Son z~5 Manor Road Smithtown, New York 11787 Dear Sirs: The Southold Town Board at their regular meeting held on January 4, 2000 adopted a resolution authorizing Supervisor Cochran to execute a contract with your company relative to providing building inspection services to the Peconic Landing project. A certified copy of this resolution is enclosed. Very truly yours, Elizabeth A. Nevill~ South01d Town Clerk Enclosure MEMORANDUM TO: FROM: DATE: RE: Town Board Ed Forrester. Building Department January 3, 2000 Contract for Engineering Services ( Peconic Landing ) A representative from Bowne Associates has been in contact with me regarding the above referenced Contract. Specifically, they are looking for a signed agreement at this time. The reasons are twofold, first the fees negotiated would be fixed and the services when required .would be readily available. I anticipate the applicant to finalize the project with the Building Department in the near future and because of the complexity, 1 would like to eliminate any delays that may arise. Having to finalize the service agreement or possibly re-negotiate it could be avoided. I understand the Town has no exposure to expenditure, under the terms of the agreement, until such time as the services are called for by the Town. E OWNE SIDNEY B. BOWNE & SON LLP CONSULTING ENGINEERS ATLANTA OFFICE Ed BroWn, Director January 11, 2000 Mary C, Wilson Assistant ToWn Attorney Towa of S0afhold Town Hall 53095 Main Road p.o~ Box 1179 Southol~ NY [1971 _Agreement for Engineering Services PeConic Landing Project Dear Ms. Wilson: As per your letter of January 5t~, 2000, enclosed is the Agreement for the above referenced project with the revised insurance section. Please remm one signed copy to us for our files. We look forward to serving the Town of Southold. Sincerely, Frank J. Antetomaso, P.E. FJA:js cc: Accounting Department iSsouthotc~agreemeat_translt r. doc Tow~o~so~o~- j 235 East derichoTurnpike · P.O. Box 109 · Mineola, New York 11501 - (516) 746- 2350 · lAX: (516) 747-1396 45 Manor Road - S mithtown, New York 11787 · (516) 724-0611 501 Means Street N.W. · Atlanta, GA 30318 · (404) 525-5405 p,n Equa[Opp0rtunityEmployer [WF/H lanuary 27, 1999 SIDNEY EXHIBIT 1 CONSIJLTING ENGINEERS Planning Board Office Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Proposal for Engineering Services Peconic Landing Project Gentlemen: We are pleased to respond to your request for proposal to provide assistance to the Town for construction phase services for the Peconic Landing Project. In accordance with our discussions, we understand thai the Town requests Engineenng and Building Department support related to the construction of the buildings as well as the in~astmcrare. We have reviewed the Draft Construction Schedule that you were provided by the Developer and note that a very intense and "fast track" approach has been indicated. In summary, after several months of site preparation, construction of Phase t activities including the Health Center, Commun/ty Center, 45 Cottages and Infrastructure im_provements will begin. Many activities are proposed to progress concurrently. Phase ii activities including the remaining 52 cottages and infrastructure improvements are scheduled to be~n approx/raately one year after the star~ of Phase I activities, however, the apartment building (listed under Phase 1I) is also scheduled to begin concurrently with Phase I work. The imense portion of the construction schedule indicates that ail building construction and infr~struarare improvements will occur over an eighteen (18) month per/od. With that schedule in mind. we have estimated the cost of our services as follows: 235 East JedohoTurnpike · P.O. Bo×!09 , Mineola. NewYork 11501 · (516) 746-2350 · FA,~ (5~6) 747-1398 45 Manor Rosd · SmRhtown. New York 11787 · (515) 724- 0817 Planning Board Office Dare: Ia~uary 27, 1999 Pa~m~: 2 Full Time Resident Inspector During the Lute~e period of construction, we propose a full ti.me representative in order ro support the mandx of constan~ smd apparent uninterrupted activities propose& Our inspections will cover both building and site construction. A repor~ will be produced outlining daily ~Ctivities and our rep~esensative will be in direct communication with a designated representative of ch~ Town. month schedule - 78 weeks x 5 days/week x 8 hours/day = 3,120 hours 3,120 hours x $27fnour [approximate base salary) x 3.0 (multiplier) = $252,720 B. Part Time Support of Resident Engineer Based on the intense schedule presented, we anticipate chat it will be necessary ro assist our resident inspector with such kerns as pavement inspections (which require fuI] time review), special building inspections, resolution of unforeseen construction isanes and conflicts and attendance at technical meetings. Assume 20% participation 3,120 hours x 20% = 624 hours 624 hours x $24/hour ~approximate base salary..) x 3.0 (multiplier) = $44,928 C. Total Estimated Cost of Services = $297,648 Please note that if the project progresses to a longer dine period, it is likely that the cost of our services will increase. We propose compensation based on 3.0 times the base salary of our people working directly on the project. In the case where special outside professionals may be required, we propose to "pass through" the/r expenses ar.cost plus mn percent (10%) for overhead and handling. Billings will be made on a monthly b .asis and paymems shall be received within 30 days after date of invoice. AS discussed, sanitary sewer inspection and water main inspect/ohs wflI be performed by other agencies. There are certain building inspection items that traditionally are performed by a professional b/red directly by the developer who would provide certifications ro the Town. These items may include: StDNEY EL BOWNE & SON Planning Board Offica Data: January 27, 1999 Paga: 3 Piles Structural Steel Electrical Inspection Fire Sprinklers Soil Analysis Welding Tension Testing Concrete Te.~Sn'g FIame Spread Certificates We have not included ~e cost of these inspections in the above estimated fees. Please call us if there are any questions. Sincerely, Frank J. Antetomaso, P.E. ~ A:PFS:j$ Bennett Ortowski, Jr., Chairman Plainning Board Raymond L. Jacobs. Superintendent of Highways Edward Forrasrer. Director of Code Enforcement