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HomeMy WebLinkAboutDvirka & Bartilucci (2)GREGORY F. YAKABOSI~ TOWN ATTORNEY MARY C. WILSON ASSISTANT TOWN ATTORNEY JEAN W. COCHRAN Supervisor Town Hail. 53095 Route 25 P.O. Box 1179 Southold. New York 11971~0959 Telephone (631] 765-1889 Fax (631) 765-1823 E-mail: townat~orney@southold, or g OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: Elizabe& A. Neville, Town Clerk From: Mary C. Wilson. Esq. Assistant Town Attorney Date: July 18. 2000 Re: Contract Agreement: Town of Southold w/ Dvirka & Bartilucci engineering services for transfer station and collection center Attached, for filing m your office, please find a fully executed copy of the contract agreemem fOr engineering services for the transfer station and collection center between the Town of SouthoM and Dvirka and Bartilucci Consulting Engineers dated july H. 2000. Thank you. md attachment. CONTRACT FOR ENGINEERING SERVICES FOR TRANSFER STATION AND COLLECTION CENTER This agreement is made between Town of Southold, Southold, New York, called the Owner below, and Dvkka and Bartilucci Consulting Engineers, a division of William F. Cosulich Associates, P.C., of Woodbury, New York, called the Engineer below. RECITALS The Owner intends to make improvements to the murdcipal solid waste transfer station and collection center at the Town's collection center to Cutchogue, called the project below. The Owner and the Engineer in consideration of the mutual eovenants set forth agree as follows: SECTION I BASIC SERVICES OF ENGINEER A. General The Engineer agrees to perform professional services in counection with the developing new preliminary conceptual drawings of a redesigned garbage transfer station and recyclables drop-off facility for the Cutchogue Collection Center, along with preliminary construction estimates for same as approved by Town Board resolution dated June 6, 2000. It will serve as the Owner's professional engineering representative in those phases of the project to which this agreement applies, and will give consultation and advice to the Owner during the performance of its services. The Engineer agrees to provide, perform and complete ali of the foregoing in a propar and workmanlike manner, consistent with the highest standards of professional and construction practices. The Engineer warrants that the work shall be free of defects and flaw in design and shall be fit, sufficient and suitable for the purpose expressed in the specifications. *0020~F0627008.do¢ .]. SECTION II ADDITIONAL SERVICES OF ENGINEER If authorized La writing by the Owner, the Engineer will furrfish or obtain from others additional services of the following types which will be paid for by the Owner as indicated in Section IV. 1. Additions or Alterations. Making drawings from field measurements of existing construction when required for planning additions or alterations to existing construction. 2. Changes in Scope of Project. Additiorml services due to significant changes m general scope of the proJect or its design including, but not-limited to, changes La size, complexity, or character of consumction. 3. Revision~ Revising previously approved studies, reports, design documents, drawings, or specifications. 4. Alternate Bids. Preparing documents for alternate bids requested by the Owner for work that is not executed. 5. Additional Copies and Prints. Furnishing additional copies of reports and additional prints of drawings and specifications. 6. Special Change Orders. Preparing special change orders requested by the Owner. 7. Services Not Otherwise Provided for. Additional services La connection with the project including services normally furnished by the Owner and services not otherwise provided for in this agreement. *0020XF0627008.doc -2- m OWNER'S RESPONSIBILITIES The owner's responsibihties in connection with the project are as follows: 1. Information. Provide full hfformation as to its requirements for the project. 2. Reports and Other Data. Assist the Engineer by placing at its disposal all available ~.information regarding the site of the project including previous reports and any other data relative to design and construction of the project. 3. Surveys, Tests, Etc. Furnish the Engineer property, boundary, right of way, topographic and utility surveys; core botings, probings and subsurface explorations; hydrographic and hydrologic surveys, laboratory tests and inspections of samples and materials, and other information, all to the extent that such information is available. 4. Access to Lands. Guarantee access to and make all provisions for the Engineer to enter on public and private lands as required to perform its work under this agreement. 5. Examination of Documents. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals, and other documents presented by the Engineer and render in writing decisions pertaining to them within a reasonable time so as to delay the work of the Engineer. 6. Proposals from Bidders. Advert/se for proposals from bidders, open the proposals at the appointed time and place, and pay for all related costs. 7. Counseling and Auditing Services. Provide such legal, accounting, and ~nsurance counseling as may be required for the project, and such auditing service as the Owner may require m ascertain how or for what purpose the contractor has used the moneys paid to it ander the construction agreement. · 0020XF0627008.doc -3 - 8. Notice of Defects. Give prompt written notice to the Engineer whenever the Owner observes or otherwise becomes aware of any defect in the project. 9. Additional Services, Furnish or direct the Engineer m provide at the Owner's expense, necessary additional services as stipulated in Section II of this agreement, or other services as required. SECTION IV PAYMENTS TO ENGINEER A. Payments for Services and Expenses 1. Basic Services. The Owner will pay the Engineer for basic services performed under Section I a fee based on Engineers hourly rates, which fee shall not exceed the sum of not to exceed $12,000 as authorized by Town Board Resolution dated June 6, 2000. 2. Additional Services. The Owner will pay for additional services performed under Section II if these services have been preauthorized in writing. B. Methods and Times of Payment 1. Basic Services. Progress payments on account of the fee for basic services shall be made in proportion to services performed. The compensation for basic se~Mces shall be billed monthly. In the billing, the Engineer must clearly identify the project and task being billed. Failure to identify the project and task shall be grounds for rejection of the bill. C. General a. Meaning of Cost of Salary and Wages. The payroll cost of salaries and wages shall mean the cost of salaries and wages paid m principals and employees engaged directly on the project, as further set forth in Exhibit A of the Proposal. *0020W0627008.doo -4- b. Payment in Event of Term/nation. If this agreement is terminated on completion of ,any phase of the Engineer's services, the progress payments to be made on account of that and all prior phases shall constitute total payment for services rendered. If terminated during any ~:phase of the work, the Engineer shall be paid for sermces performed during such phase on the i'basis ora reasonable estimaxe of the portion of such phase completed prior to termination. SECTION V GENERAL CONSIDERATIONS A. Termination This agreement may be terminated by either party by fifteen (15) days written notice in the event of substantial failure to perform in accordance with its terms by the other party through no fault of the terminafmg party. B. Ownership of Documents All documems, including original drawings, estimates, specifications, field nines, and data are and remain the property of the Owner. C. Dispute Resolution This agreement shall be governed by, and interpreted under, the laws of the State of New York. The pa~ies shall negotiate in good faith to resolve any dispmes that arise out of this Agreement. As a condition precedent to the commencement of any action or proceeding arising out of this Agreement, Owner shall f~rst offer in writing to arbitrate or mediate. Engineer can elect to mediate, arbitrate, both, or neither. If Engineer agrees to arbitrate or mediate, the parties shall *0020~F0627008.doc -5- jointly determ/ne the procedure for conducting-the arbitration or mediation and proceed therewith in good faith. A semor level officer with authority to resolve the dispute and significant responsibility for the project shall attend each mediation session, If the dispute is not resolved by mediation or arbitration, or if mediation or arbitration is not selected, then any action or proceeding shall be commenced within one year from the date on wlfich: (1) mediation or arbitration was offered and not selected; (2) mediation concluded; or (3) the dispute arose, whichever is later. D. Non-Discrimination Clause In accordance with Article 15 of the Executive Law and all other State and Federal statutory and constitutional non-discrimination provisions, the Engineer will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, disability or marital status. E. Non-Collusive Bidding Requirement If this contract was awarded based upon the submission of bids, Engineer warrants, under penalty of perjury, that its bid was arrived ar independently and without collusion aimed at restricting competition. F. Insurance The Engineer shall secure and maintain professional liability insurance that covers errors and omissions in the stun of one million dollars, and shall file proof of such insurance in the office of the Southold Town Clerk during the term of this contract. Engineer agrees that it has or will secure for the term of this contract, Workers Compensation coverage as required by law or this contract shall be void and of no effect. *0020\F0627008.do¢ -6- G. Total Agreement This Agreement and all exhibits attached thereto, represent the entire agreement between the Town and Engineer relating to the Services to be performed hereunder. This Agreement may be modified only by written agreement of Engineer and Town. To the extent of any inconsistency among these documents, the priority among those documents shall be: 1. This Agreement; 2. The Request for Proposal; and 3o The Engineer* s proposal, including exhibits. H. Successors and Assigns Each party to this agreement binds himself/herself and his/her parmers, successors, executors, administrators, and assigns of such other party, in respect to all covenants of this agreement. Except as above, neither party shall assign, sublet, or transfer its interest in this agreement without the written consent of the other. Nothing shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be party ro this agreement, nor shall it be construed as giving any rights or benefits to anyone other than the parties to this agreement. In witness, the parties have executed this agreement at /\ 2000, Town of Southold Supervisor on Dvirka and Bartilucci Consulting Engineers, a division of William F. Cosulich * 0020\F0627008.doc -7- STATE OF NEW YORK ) ) SS. COUNTY OF SUFFOLK) On this I~4h- day of k,~fV , 2000, before me personally came Jean W. Cochran, to me known, who beingr by- me duly sworn, did depose and say that she resides at Boisseau Avenue, Southold, New York, and that she is the Supervisor of the Town of Southold, the Municipal Corporation described in and which executed the foregoing instrument; ihat she knows the seal of said Town; that seal affixed to said instrument is such Town seal; that it was so affixed by order of the ToWn Board of the Town of Southold, and that she signed her hame thereto by like order. ~ ~.~ t~LO~9 ~t~ Notary Public~ STATE OF NEW YORK ) ) SS,~ COUNTY OF SUFFOLK) On this /,~ day of ~ la , 2000, before me personally came '~ma.~ ~/77~/~_ , to me know~, who being by me duly sworn, did depose and say that he is ~'¢),e¢~.~" of Dvirka and Bartilucci Consulting Engineers, the corporation described in and which executed the above insmunent; and that he signed his name thereto by like order. No. ffl 1.06033078 ~lual;fled in Suffolk Counl~ *0020\F0627008.doc .8. ACORD. CERTIFICATE OF LIABILITY INSURANCE PRODUCBR 516-795-1330 HUBBIN ETTE-C:OWELL ASSOCIATES INC. 1003 PARK BLVD., SUITE 3 MASSAPEQUA PARK, NY 11762 INSURERS AFFORDING COVERAGE D~iRKA ~ ~ARTILUCC INSURER A: CONTINENTAL CA'SOALTY COMPANY CONSUL'['ING' ENGINEERS t~S~IR ER B: 330 CR~SWAYS PARK DRIVE WOODBUR¥, NY 11797 COVERAGES, '.' '. " , '.' ': ,' :, '%' ' ,". OF ANY CONTRACT OR OTHER DOCI.~MEN~T V~ITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR '."' ' '. ' '.., ". '.: .... ·, ' .' BY THE POLICIES DESCRIBED HERE[I~ ]S$1JBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH DATE (MM/DD/Y~ 05/14/2001 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NO~ AMEND EXTEND OR ALTER THE COVERAGE AFEORDED BY THE POLIC ES BELOW. GARAGE LIABILITY ANY AUTO EXCESS L]ABIUTY ~OCCUR ~ CLAIMSMADE }EDUCTIBLE .~ . '" ' ' r ,[~Jl [ JU ? ' DATE THEREOF, ¢' THE 8sU NG INSURER W LL ENDEAVOR 'TOF MAIL 30 DA~ WR SOuTHOLD, NY 11971 ACORD 25-S (7~97) ' ~ ~CORD CORPO~' ION 1988 A PROFESSIONAL LIABILITY AAE8220857 06/21/01 06/21/02 $5,000,000 PER CLAIM $75,000 SELF INSURED RETENTION PER CLAIM INCLUDING CLAIM EXP. $5.000,000 AGGREGATE THE POLICY PROVIDES CONTRACTUAL LIABILITY COVERAGE FOR THE LIABILITY OF OTHERS WHICH THE INSURED ASSUMES UNDER A WRITTEN CONTRACT PROV DED SUCH L AB L TY S CAUSED BY THE INSURED'S NEGLIGENT ACT ERROR OR OMMISSION, ~ ........... CERTIFICATE HOLDER J ~'NSURER LETTER:-