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HomeMy WebLinkAboutTown Hall Asbestos & Lead Paint Survey RESOLUTION 2024-252 ADOPTED DOC ID: 20068 i THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-252 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 12,2024: RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of L.K. McLean Associates,P.C. dated March 11, 2024 in the total amount of$9,990.00 for an asbestos and lead paint survey of Town Hall; and be it further F RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Albert J. Krupski, Jr. to execute an Agreement between the Town of Southold and L.K. McLean Associates, P.C. in the total amount of$9,990.00, subject to the approval of the Town Attorney, Denis Noncarrow i i Southold Town Clerk i j RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Greg Doroski, Councilman AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans MEMORANDUM i To: Denis Noncarrow,Town Clerk From: Paul M DeChance,Town Attorney(6 Re: L.K. McLean Associates Engineering and Surveying Contract Date: April 1, 2024 Attached for filing with your office,please find the fully executed L.K. McLean contract dated March 28, 2024 for the Asbestos and Lead Paint Survey of Town Hall. Thank you. I AGREEMENT i THIS AGREEMENT, entered into this 24 day of March, 2024, 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, Southold, New York, and L.K. McLean Associates Engineering and Surveying D.P.0 (the "Consultant"), with an address of 437 South Country Road,Brookhaven,New York 11719; t WITNESSETH, that the Town and the Consultant, for the consideration hereinafter named, 4 agree as follows: ARTICLE 1. WORK TO BE DONE AND CONSIDERATION THEREFOR The Consultant shall perform the Asbestos and Lead Paint Survey of Town Hall, 53095 Route i 25,Southold,New York as outlined in its accepted proposal dated March 11, 2024 and attached hereto. The Consultant shall receive a fee for said services as per the acceptedproposal submitted by the applicant, dated March 11,2024,in the amount of$9,990.00. ARTICLE 2. TERM OF AGREEMENT The term of this agreement shall run from the full execution of this Contract and the work shall be completed within 45 days unless extended by mutual agreement of the parties. The Town agrees to cooperate with Consultant,as needed, and to provide Consultant with copies of any records, documents and other information needed for performance of this agreement on a timely basis. The Town further agrees to provide Consultant with access to all areas of the structure where work is performed and with all appropriate officials and/or employees of the Town,as may 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, and therefore both shall always use their best faith efforts to be accountable and promptly responsive to each other. ARTICLE 3. ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice that the services required by this Agreement have been fully performed and an inspection to certify that the work has been completed to the satisfaction of the Town, the Consultant shall submit an itemized voucher to the Town Comptroller for payment. Such voucher shall be due and payable within forty-five (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 Consultant in connection therewith. The Town Board shall process any voucher received from Consultant as expeditiously as possible. In the event that the Town disputes or objects to any portion of any voucher submitted by t , Consultant it shall notify Consultant in writing of such dispute or objection. Consultant acknowledges that Consultant is familiar with the requirements of Section 118 of the New York State Town Law which, in effect,prohibits payment of any claim 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 jallowed by the Town Board or Town Comptroller. The acceptance by the Consultant of the final payment shall be, and shall operate as a release to the Town from all claims and all liabilities to the Consultant 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 Agreement, except Consultant's claim for interest upon the final payment, if this payment be improperly delayed. No payment, however final or otherwise, shall operate to release the Consultant or its sureties from any obligations under this Agreement. ARTICLE 4: CONSULATANT'S OBLIGATIONS I i i (a) The Consultant shall be responsible for the full and correct performance of the Work required w i t h i n the time specified herein and any errors therein shall be corrected at the Consultant's i own cost and expense. In addition, the Consultant shall indemnify the Town for any costs or expenses attributable to negligent errors in the performance the work of the Consultant. (b)The Consultant is retained to utilize its expertise in the performance of the work as outlined in its accepted Proposal dated March 11, 2024. (c) The Consultant shall be solely responsible for all labor and services provided for under this contract. ARTICLE 5. CONSULTANT'S INSURANCE The Consultant shall not commence work under this Agreement until it has obtained all insurance required under this paragraph and such insurance has been approved by the Town. (a) Compensation Insurance: The Consultant shall take out and maintain during the life of this Contract Workers' Compensation Insurance for its employees to be assigned to the work hereunder. (b)Liability Insurance: The Consultant shall take out and maintain during the life of this Contract general liability and professional liability (E&O) insurance. The amounts of such insurance shall be as follows: 1. General liability insurance in an amount 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$4,000,000 on account of any one occurrence. 2. Professional liability (E& O)insurance in an amount not less than$2,000,000 per occurrence or claim and $4,000,000 aggregate. i i i The Consultant shall furnish the above insurances to the Town and shall also name the Town as an additional named insured and certificate holder in said policies with respect to liability arising out of services provided by consultant. ARTICLE 6. DAMAGES i It is hereby mutually covenanted and agreed that the relation of the Consultant to the work to be performed by it under this Agreement shall be that of an independent contractor. As an independent contractor, it will be responsible for all damage, loss or injury to persons or property that may arise in or be incurred during the conduct and progress of said work,to the extent caused by the negligence of the Consultant, its agents, or employees. The Consultant shall hold and keep the Town free and 4 discharged of and from any and all responsibility and liability of any sort or kind to the extent caused by Consultant's negligence. ARTICLE 7. INDEMNITY AND SAVE HARMLESS AGREEMENT With respect to professional services, MCLEAN shall,to the fullest extent permitted by law, indemnify and hold harmless the TOWN, its officers, employees, and representatives against damages, liabilities t or costs, including reasonable attorneys' fees and defense costs,to the extent caused by MCLEAN's f negligent performance of professional services,misconduct, and/or omissions under this Agreement and that of its subconsultants or anyone for whom MCCLEAN is legally liable. MCLEAN's obligation to indemnify and hold harmless the TOWN, its officers, employees, and representatives does not include a duty to defend. With respect to liability other than that arising out of professional services, MCLEAN shall defend, indemnify and hold harmless the TOWN,its officers, employees, and representatives from and against any and all damages, liability,judgments,losses, and expenses, including but not limited to attorney's fees, including damages arising from injuries or death of persons and damage to property which arise from or are connected with, or caused by the negligent performance of professional services, l misconduct, and/or omissions under this Agreement and that of its subconsultants or anyone for whom MCLEAN is legally liable. ARTICLE 8. NO ASSIGNMENT In accordance with the provisions of section 109 of the General Municipal Law,the Contractor is hereby prohibited from assigning,transferring, conveying, subletting or otherwise disposing of this Agreement, or of its right, title or interest in this Agreement, or its power to execute this Agreement,to any other person or corporation without the previous consent in writing of the Town. 1 (, ARTICLE 9. AUTHORITY FOR EXECUTION i This Agreement has been executed in accordance with a Resolution 2024-252, attached hereto and Imade a part hereof, adopted by the Town Board of the Town of Southold,at a meeting thereof held on March 12,2024 and its execution on behalf of the Town is duly authorized. A copy of this instrument shall be executed in duplicate. At least one copy shall be permanently filed, after execution thereof, in the office of the Town Clerk,Denis Noncarrow. The individual executing this Agreement on behalf of the Consultant hereby represents and warrants that he/she has the full right,power and authority to execute this contract and is authorized by the Consultant to do so. ARTICLE 10. NOTICES 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 Southold Town: Denis Noncarrow Southold Town Clerk 53095 Route 25 Southold,NY 11971 To Consultant: L. K. McLean Associates 437 South Country Road, Brookhaven,New York 11719 ARTICLE 11.WAIVER 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 waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same. ARTICLE 12. 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. i 1 I ARTICLE 13. APPLICABLE LAW This Agreement is governed by the laws of the State of New York. In the event of any controversy or claim arising out of or relating to this Application for Service contract, or the breach thereof,the parties specifically consent to the Supreme Court, State of New York, County of Suffolk. IN WITNESS WHEREOF,the Town of Southold has caused these presents to be duly executed and the Consultant has caused these presents to be signed by its President,the day and year first above written. i i i Town of Southold By: Albert J k1,Jr. Supery sor Town of Southold L.K. McLean&Associa ngineering and Surveying DPC By: r STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) f i yh the ZO day of W ewc' in the year 2024 before me,personally came 54tt ( to me known,who,being by me duly sworn,deposes and says that he/she/they is(are)the (president or other officer or director or attorney in fact duly appointed)of the [name of corporation],the corporation described herein and which j executed the above instrument;that the action taken was duly authorized, and that he/she/they signed his/her/their name(s)thereto by like authority. Ale.4 Signature and office of individ taking acknowledgment WIEGAN�W York CHRISTINE State of noun�,, �NoY pU2A 35g,Suttoik o. ion Tres August 17�1 Gommisslor►ExP r i i I I -i i' iLIK&A L. K. McLeatr Associates, D..P.C. 4- 437 South Country Road • llrookhaven • New York • 11719 (631)286-8668 - FAX(631)286-6314 :• 25 Newbridge Road - Suite 212 - Hicksville New York - 11801 htlps;!lx+v+v.lkma.com ROBER1 A.STEELE,P.F,PRESIDENT and CEO Associa Bs JAMES L.DeKONING,P.C„VICE PRESIDENT S'TEVEN W.EISENflERG,P.E. CHRISTOPHER F.DWYER,VICE PRESIDENT KEITH J.MASSERIA,P.E„VICE PRESIDENT ANDREW B.SPEISER E j MATTHEW JEDLICKA,LEED AP,PRINCIPAL VINCENT CORRADO,P.E,, TAMARA STILLMAN,P.L.S.,PRINCIPAL-DIRECTOR OF SURVEY KEVIN J.PET,GISP,MAN P.E. KARA M,O'NEILLISP CHRISTINE L.BELSON,MBA,SHRM-SCP,PRINCIPAL-CONTROLLER MBA $ March 11, 2024 Town of Southold 53095 Route 25 P.O. Box 1179 Southold, N.Y. 11971 a Attn: Michael Collins P.E., Town Engineer i I Re: Asbestos and Lead Paint Survey of Town Hall, 53095 Route 25 in Southold, NY. i I I Dear Mr, Collins: Pursuant to your request, L.K. McLean Associates, P.C. (LKMA) is pleased to submit the following I I proposal for professional engineering services in regards to conducting inspection and sampling for € suspect asbestos containing materials (ACM) and lead based paint (LBP) at the above referenced Town facility. As discussed, the inspection will target the interior rooms in the basement areas and on the first floor of the main building, with additional sampling inside/outside of the attached trailer (which Is to be entirely removed). Information has been provided indicating that some areas inside/outside of the structure were renovated/re-roofed in recent years and, therefore, the i carpeting, ceiling tiles, roof shingles, and wallboard in those areas will not need to be sampled. The proposed scope of work will entail the following: i A. ASBESTOSILEAD SURVEY& INVESTIGATION 1 1, Project Coordination and Mobilization - Project discussions, access arrangements, team arrangements, sampling form and equipment preparations, and coordination with analytical laboratory. 2. Collect Bulk Samples - Based on preliminary discussions, and review of some provided photographs, the following suspect ACM & LBP at a minimum are assumed to be present: f • Adhesives • Caulking i •Ceiling Tiles • Cove Base ; • Door Filler • Elbow Packing • Heat Shield i • Floor Tiles i Established 1950 be Isor) @ L- kIA10 • <DKA LIKARA L. K. ]McLean Associates D.P.0 1 Y + Masonry Mortars t + Paints 1 • Pipe Wraps + Plaster • Tar Paper . Tile Adhesives i • Tile Grouts • Vapor Barrier • Wall Boards t • Wallpaper • Window Glazing In accordance with standard industry protocols, a total of two (2) to three (3) bulk samples of each suspect homogeneous ACM will be collected from locations where the materials are present. It should be noted that the sampling effort is destructive by nature and will d result In permanent deformation (e.g., holes, rips, tears, breaks) of the sampled surfaces. A best effort will be made to collect samples from inconspicuous locations. I Inspection findings and sampling locations shall be noted on appropriate inspection forms. Where practical, sampling locations will be marked and labeled for future reference. Photographs of the sampled materials will also be taken for presentation in the report. 3. lnvestigatlon Report - LKMA shall document the results of the investigation findings in a report. The report shall: • Identify and describe the samples of suspect ACM and LBP found on the interior/exterior of the structure, • Summarize the data collection techniques and laboratory analysis procedures used, ® Identify the location, type and quantities of ACM observed which contain greater than 1% asbestos by weight, Identify the location, color and quantity of painted surfaces which contain Lead, Include a photo log of the sampled materials that were determined to be positive for asbestos or lead. B. ANALYTICAL LABORATORY ANALYSIS Submission of Samples to Analytical Laboratory- LKMA shall submit the bulk samples to a New York State Department of Health (NYSDOH) or United States Environmental Protection Agency (USEPA) approved analytical laboratory participating in the Environmental Laboratory Approval Program (FLAP). The samples will be analyzed using Polarized Light Microscopy (PLM)to determine the amount of asbestos present In the samples. Analysis of a homogeneous material group will cease upon encountering the first positive result for asbestos (i.e., greater than 1% asbestos by weight) and by default all unanalyzed samples of that group will be assumed positive for asbestos content. Page 2 of 4 5 L. K. Mcl.,eutt Associates, 1).P.C. i Non-friable Organically Bound (NOB) samples may also require Transmission Electron Microscopy } (TEM). If all PLM results for a homogenous NOB material group are negative then analysis will be progressed by TEM until a positive result is encountered or until all samples in the group are analyzed. Determination of the Lead content of paint samples will be conducted by Inductively Coupled PlasmaAAtomic Emission Spectrometry(ICP-AES) utilizing the EPA SW 846 6010C method. As a hazardous waste determination of painted surfaces is not required at this time samples will not be i collected for analysis by the Toxic Characteristic Leaching Procedure (TCLP) method. For estimating purposes, it is assumed that a total of up to 14 painted surfaces (14 composite samples) at the facility will be analyzed for Lead content. I C. FEE AND PAYMENT i Our fee estimate for the above services is as follows: Task A—Asbestos/Lead Survey& Investigation Report $6,851.00 Task B—Laboratory Analysis (116 samples assumed) and Expenses $3.139.00 Total = $9,990.00 The Indicated fee includes all out of pocket expenses associated with travel, materials and reproduction costs. Technical Assumptions: • It is assumed that the sampling crew will have unrestricted access to all portions of the structure in order to complete the needed sampling effort. • The laboratory costs provided were estimated based on a walk-through of the entire structure during the site visit. If additional materials are uncovered (underneath layers of flooring, roofing, etc.) during the inspection then additional samples will need to be collected. This would increase the analytical laboratory costs indicated above. Analytical fees incurred will be billed at cost, • LKMA will provide an electronic copy (PDF version) of the inspection report for your use. Hard copies of the report would then be available upon request, • The Inspection report will be provided within two (2)weeks of receipt of laboratory analyses. • This scope of work does not entail any actions that may be required for subsequent abatement of identified asbestos containing materials. It should be noted that the Consultant team will not be responsible for any construction means, methods, techniques, sequences, procedures, or safety precautions, Page 3 of 4 _l LIK&A L. K. 1VIcLean. Associates, D.P.C. A We want to thank you for giving us an opportunity to work on this project, If this proposal is E acceptable, please authorize by signing and dating below. Very truly yours, ABS:abs Andrew B. Speiser, Associate L.K. McLean Associates, P.C. a CC: LKMA Comptroller Copy G I hereby accept the above proposal: i Signed Date I 1 Page 4 of 4