HomeMy WebLinkAboutSpace Analysis Project at Town Hall & Annex RESOLUTION 2024-98
°+ma ADOPTED DOC ID: 19909
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2024-98 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 16,2024:
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of L.K.
McLean Associates,P.C. dated January 12, 2024 in the total amount of$9,990.00 for
professional services associated with the Town Hall and Town Hall Annex Space Analysis
Project; and be it further
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Albert Krupski 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 Nonearrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Greg Doroski, Councilman
SECONDER:Brian O. Mealy, Councilman
AYES: Doroski,Mealy, Smith,Krupski Jr, Doherty, Evans
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MEMORANDUM
To: Denis Noncarrow, Town Clerk
From: Paul M DeChance,Town Attorney
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 Architectural Services and Space Re-Purposing of the Town Hall
Buildings.
Thank you.
M
e
f
r THIS AGREEMENT made and entered into this of q kO1 2024, 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 State of New York (mailing address: c/o Dennis
Noncarrow, Town Clerk, P.O. Box 1179, Southold, New York 11971-0959), party of the first
part, and L.K. McLean Associates Engineering & Surveying DPC (hereinafter referred to as
"Consultant") with an address at 437 South Country Road, Brookhaven New York 11719, party
of the second part.
WITNESSETH: That the Town and Consultant, for the consideration named, hereby agree as
follows:
1. PURPOSE.
The Consultant shall provide architectural services associated with the re-purposing of area at
the Southold Town Annex Building ( former Southold Savings Bank)and the Southold
Town Hall Building in accordance with the Contractor's Proposal dated January 12,
2024, a copy of which is attached hereto as Appendix A and made a part hereof.
2. SPECIFIC SERVICES.
The Consultant shall perform all the tasks set forth in the Letter Proposal submitted to the Town
dated January 12, 2024,a copy of which is attached hereto as Appendix A and made a part hereof.
3. TIME AND ATTENDANCE; COOPERATION BY THE TOWN.
The services to be rendered under this Contract shall be comvleted_within six months(6)months
of execution of the contract.
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
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.
4. COMPENSATION.
In payment for the services to be performed hereunder by Consultant, the Town shall
make payments to Consultant as follows:
(a) For the services to be performed by Consultant pursuant to paragraph"2" hereof,the Town
shall pay Consultant as set forth in the Proposals. Consultant shall submit an itemized voucher
for work actually completed on a monthly basis with the Town Comptroller and the Town will
pay. Such voucher shall be due and payable within 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 signed voucher to be submitted
by Consultant in connection therewith.
(b) The Town Board shall process any vouchers received from Consultant as
expeditiously as possible.
(c) In the event that the Town disputes or objects to any portion of any voucher submitted by
Consultant pursuant to this paragraph,the Town shall,within 30 days of the receipt of such voucher,
notify Consultant in writing of such dispute or objection.
(d) Consultant acknowledges that Consultant is familiar with the requirements of section
118 of the Town Law which, in effect, prohibits payment of any of Consultant's Claims 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 allowed by the Town Board or Town
Comptroller,
5. TERM OF AGREEMENT; TERMINATION
This agreement shall commence upon full execution hereof 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 the event that(a)Consultant dies; (b)Consultant incurs a disability
which makes Consultant unable to perform the services which Consultant is required to perform
hereunder; (c) Consultant files a Petition in Bankruptcy Court or a Petition is filed against
Consultant in Bankruptcy Court, or Consultant is adjudged bankrupt or makes an assignment for
the benefit of creditors; or (d) a Receiver or Liquidator is appointed for Consultant and/or
Consultant's property and is not dismissed within 20 days after such appointment or the
proceedings in connection therewith are not stayed on appeal within the said 20 days.
In the event that Consultant refuses or fails to provide the services required hereunder with due
diligence, or fails to make prompt payment to persons supplying labor for Consultant'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 Consultant written
notice that Consultant has 20 days to cure said default; and if, at the end of said 20-day period,
Consultant has not cured said default,the Town may then terminate this agreement on 7 days'prior
written notice to Consultant.
Except as prohibited by law, the Town and Consultant hereby waive trial by jury in any litigation
arising out of, or connected with, or relating to this Agreement.
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6. SKILLS OF CONSULTANT
Consultant represents that Consultant has the requisite skills and experience to perform the
services hereunder.
7. INDEPENDENT CONSULTANT STATUS OF CONSULTANT.
Consultant and the Town agree that in the performance of Consultant's services hereunder,
Consultant is an independent contractor and shall not be deemed to be an employee or agent of
the Town for any purpose whatsoever. The Consultant shall assume all blame, loss and
responsibility of any nature by reason of neglect or violation of any federal, state, county or local
laws, regulations or ordinances.
8. CONSULTANT'S INSURANCE
The Consultant 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.
(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 such general liability, property damage, and commercial auto liability insurance as shall
protect it from claims for damages for personal injury, including accidental death, as well as fiom
claims for property damage which may arise from operations under this Contract. The amounts
of such insurance shall be as follows:
1. General liability insurance in an amount not less than $1,000,000 for injuries,
including wrongfid death to any one person and subject to the same limit for each
person, in an amount not less than $2,000,000 on account of any one occurrence.
2. Property damage insurance in an amount not less than $300,000 for damage on
account of all occurrences.
The Consultant shall fiunish the above insurances to the Town and shall also name the Town
as an additional named insured in said policies.
(c) Any accident shall be reported to the 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 as possible, but not later than three (3) days
after the date of such accident.
9. INDEMNIFICATION
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 or costs,including reasonable attorneys' fees and defense costs,to the extent
caused by MCLEAN's negligent performance of professional services,misconduct,and/or omissions
under this Agreement and-th-at-of its subconsultants or anyone for whom the Design Professional is
legally liable.The Design Professional'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 injurizs-'or death of persons and damage to property
which arise from or are connected with,or caused by the negligent performance of professional
services,misconduct,and/or omissions under this Agreement and that of its subconsultants or anyone
for whom MCLEAN is legally liable.
10. PROHIBITION AGAINST ASSIGNMENT.
Consultant is herebvDrohibited from assigning, transferring, conveying, subletting or otherwise
disposing of this agreement or his right, title or interest in this agreement without prior written
consent of the Town,
11. COMPLIANCE WITH STATUTES.
Consultant agrees that Consultant will comply with all statutes, ordinances, local laws, codes,
rules and regulations which are or may be applicable to Consultant's services, activities and
duties set forth in this agreement.
12. 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 Town: Dennis Noncarrow
Town Clerk
Town of Southold
P.O. Box 1179
Southold, NY 11971-0959
To Consultant: Christopher F. Dwyer
L.K. McLean Associates,DPC
437 South Country Road
Brookhaven New York 11719
13. 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.
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14. APPLICABLE LAW.
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. Consultant 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.
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.
IN WITNESS WHEREOF, the Town of Southold has caused its corporate seal to be affixed
hereto and these presents to be signed by Albert J. Krupski, Jr., its Supervisor, duly authorized to
do so, and to be attested to by Dennis Noncarrow, Town Clerk, and the Consultant has caused
its corporate seal to be affixed hereto and these presents to be signed by its President, the day and
year first above written.
Town of Southold
By: Ile
Albert J. Krupski, Jr., Supervisor
L.K. McLean As ociates
Engi • g rvey. g DPC
By:
Robert Steele, President
STATE OF NEW YORK)
ss..
COUNTY OF SUFFOLK)
On the ca- r of j�in the year 2024 before me, the undersigned,personally appeared Albert
J. Krupski,Jr.,personally known to me or proved to me on 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 by his signature on the instrument, the individual or the
person upon whose behalf of which the individual acted,executed the instrument.
LAUREN M.STANDISH
Notary Public , NOTARY PUBLIC,STATE OF NEW VM
nr Registration No.OIST6164008
Ouallfied In Suffolk County,�ty
Commission Expires April G,
STATE OF NEW YORK)
)ss..
COUNTY OF SUFFOLK)
On the q of Jawaa;:)� in the year 2024 before me,the undersigned,personally appeared obt r
.,personally known to me or proved to me on 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 by his signature on the
instrument,the individual or the person upon whose behalf of which the individual acted,executed
the instrument,
CHRISTINE WIEGAND
NOTARY PUBLIC,State of New York
No.01W16210359,Suffolk County
Notary Public Commission Expires August 17 Z�5
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Appendix A
UKAAL. K. McLean'Ass~ociafes, .�P. C.
•:• 437 Souls►Country Road - Brookhaven - Neiv York - 11719 (631)256-8668 - FAX(631)286-6314
:• 25 Ncwbridge Road - Suite 212 - Hicksville - Ncw York - 11801 ltlt(>s:rnvtv�v.lkl„a.con,
RAYMOND G.DIHIASE,P.E.,PTOE,PTP,PRESIDENT and CEO Associates
ROBERT A.STEELE,A.E.,EXECUTIVE VICE PRESIDENT CHRISTOPHER F.DWYER
JAMES L.DeKONING,P.E.,VICE PRESIDENT STEVEN W.EISENBERG,P.E.
ANDREW B.SPEISER
MATTHEW C.JEDLICKA,LEED AP
KEITH J.MASSERIA,P.E.
VINCENT A.CORRADO.P.E.
TAMARA L.STILLMAN,P.L.S,
January 12,2024
Town of Southold
Engineering Department
53095 Main Rd
Southold,New York 11971
Attn: Michael Collins P.E,,Town Engineer
Re: * "Spatial Desigit Services at flte Sorttltold Toxvit Hall Attttex Bttildiitg&Maim Torvtt Hal!
Proposal for Professional Services
Dear Mr.Collins:
In accordance with your request, L.K. McLean Associates, P.C. (LKMA) has prepared this proposal for
architectural services associated with the re-purposing of area at the Town's Annex Building (former
Southold Savings Bank) and Southold Town Hall Building. It is our understanding that your office would
like to evaluate a few more scenarios for these buildings before the Town makes a final decision to go
forward with the new Justice Complex. This exercise would build on work our office has already performed
for Town Hail and the Town Hall Annex to arrive at the best and most efficient use of the space by having
floorplans showing the-potential re-use of occupied and/or unoccupied space in each of these two (2)
buildings. The plans would be 2-D and would use color, dimensions, labeling in order to define the various
uses. Our architectural staff(Jacques Garant AIA & Joseph Rutt) would work closely with your office to
come up with schematic floorplan schemes for the purpose of planning and the re-utilization of each
buildings.
The new floorplans would consider the following objectives;
• A mezzanine will be added to the Town Hall Annex in the existing bank space(keeping the vault in
place)
0 Basement areas in the Town Hall Annex will be used for storage and meeting rooms
• Offices will be moved around both within and between buildings
• It is anticipated that the western half of Town Hall will be both dedicated to and expanded upon for a
new Justice Court
+ The existing trailes housing the Justice Court will be demolished
LKMA will be expected to prepare 2-1)floor plans only suitable for planning purposes. The goal will be to
explore and optimize layouts leading to fixture building projects. This proposal was prepared to include
provisions to provide three(3)iterations of layouts for the two buildings and include two face to face
meetings that will be required.
This project will not involve preparing 3-D plans or any structural engineering. The floor plan layouts only
need to be detailed enough to account for ingress/egress,flow between offices and provide enough space for
ADA compliance.
TODAY'S CHALLENGES I TOMORROW'S SOLUTIONS since 1950
L. K. McLean Associates, P.C.
Our office estimates a lump sum price of$9,990.00 to perform these services. Tile basis of compensation
would be percentage of completion.
We appreciate the opportunity to identify these additional work items to your office and submit this proposal
for the additional services to our initial contract.
Should you or any members of your staff have any questions or comments regarding this proposal,please do
not hesitate in contacting this office,
Very truly yours,
CFD:efd Christopher F. Dwyer,Associate
Enc.(1)
CC: LKMA Comptroller Copy
LKMA Project Manager Copy
LKMA Proposal for Spatial Office Design Services Page 2 of