HomeMy WebLinkAboutCuster Preserve Land Siurveying ' ir 'A14RESOLUTION 2023-889
ADOPTED DOC ID: 19576
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THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-889 WAS
i ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 24,2023:
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of L.K.
McLean Associates,P.C. dated October 10,2023 in the total amount of$6,195.00 for surveying
work at the Custer Preserve; and be it further
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RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and L.K.
McLean Associates, P.C. in the total amount of$6,195.00, subject to the approval of the Town
Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Greg Doroski, Councilman
SECONDER:Sarah E.Nappa, Councilwoman
AYES: Nappa, Doroski,Mealy, Doherty,Evans, Russell
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MEMORANDUM
To: Denis Noncarrow, Town Clerk
From: Paul M DeChance,Town Attorn
Re: L.K. McLean Associates Engineerin and Surveying Contract
Date: April 1, 2024
Attached for filing with your office,please find the fully executed L.K. McLean Contract, dated
March 27, 2024, for the Custer Preserve Land Surveying.
Thank you.
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THIS AGREEMENT made and entered into this . 77 .-of March 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.
a WITNESSETH: That the Town and Consultant, for the consideration named,hereby agree as follows:
1. PURPOSE.
The Consultant shall provide professional land surveying services at The Custer Preserve in Southold
Town.
2. SPECIFIC SERVICES.
The Consultant shall perform all the tasks set forth in the Letter Proposal submitted to the Town
dated October 10,2023,a copy of which is attached hereto as Appendix A and made a part hereof.
3. TIME_AND ATTENDANCL;-;CO.OPERATION BY THE TOWN.
The services to be rendered under this Contract shall be completed within six months (6) months of
execution of the contract. i
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 a
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.
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(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.
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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.
6. SKILLS OF CONSULTANT
Consultant represents that Consultant has the requisite skills and experience to perform the services
hereunder.
7. 1NDLPINDLNT G(JNSULTANT-.STATUS:O1r.CQNSULTAM.
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.
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8. CONSULTANT'S INSURANCE
The Consultant shall not commence work under this Contract until it has obtained all
it 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 from claims for
property damage which may arise from operations under this Contract. The amounts of such
insurance shall be as follows:
I. General liability insurance in an amount not less than $1,000,000 for injuries, including
wrongful death to any one person and subject to the same limit for each person, in an
amount not less than $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 furnish 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
that 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 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, misconduct, and/or
omissions under this Agreement and that of its subconsultants or anyone for whom MCLEAN is legally
liable.
11. COMPLIANCE WITH STATUTES.
Consultant is hereby prohibited 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.
10. PROHIBITION AGAINST ASSIGNMENT.
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
PO Box 1179
Southold, NY 11971-0959
To Consultant;; Christopher F. Dwyer
L.K. McLean Associates, P.C.
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.
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. C.ONIPLhTE; AGRCr1VlENT 'NIO:DIT`I.CATInN
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 SGQtt_A_Rus&4 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
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written.
Town of Southold
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1 By:
Supervisor r
L.K. McLean & Associ e
Engineering & r e in PC
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By:
Robert A Steele, Ex!autil a President
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STATE OF NEW YORK)
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COUNTY OF SUFFOLK)
On the 21 1 of r)e e'@jeGr in the year by fore me, the undersigned, personally�appyea e��` - �v
F : ". 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.
axbu q -m- 4AA * LAUREN M.STANDISH
NOTARY PUBLIC,STATE OF NEW YORK
Notary Public R pualified in Suffolk Oougnry�v1
Commission Expires April 9,203i'J
STATE OF NEW YORK)
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COUNTY OF SUFFOLK) 24
*h MXZCH bMUMI _] •obrr4 5-ktle,
On the i 9 of 6ctvber in the year 2 before me, the undersigned, personally appeared
G.Na D 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.olW16210359,Suffolk County
Notary Public Commission Expires August 172=QZ6*_
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| October 10,2023 �
� Town '
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' Engineering Department �
S309S Route 2S, P.O. Box 1179 (
/ Southold, NY 11071 �
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Attn: Michael Collins, P.E.,Civil Engineer
' RE,,,, CugerPnsmrva8nun6orySumay—StahmP,ope�yCmrmum
� 5.C.T.k4. No.1080f]7U'O8-ONY
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Dear Mr.Collins, �
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LK. McLean Associates, P.C. (LKk4A)is pleased to submit this cost proposal for professionalsurvey
services pertaining to performing a boundary survey of the Custer Preserve at the corner of Pine �
Neck Rd. and 8uyvlowRoad in Southold in order to sat monuments at the nine ppupe/h/ corners ! �
indicated on a survey provided in your request for proposal (RFP) made by Anthony Abruzzo and
last dated August 28,20U0. �
LKK8A has identified the following tasks associated with this work:
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6 Office Surveyor will go to the Suffolk County Clerk's Office tuperform i
`ves�6arthhjr deed compilation in the vicinity of the oub]ect parcel to generate reference � |
points for the survey crew in the field. Two-man survey crew will search for and locate i
existing boundary evidence in the area along C(eurview Avenue and Gardineo Lane |
-utilizing Trimble R10GP3 unit, collecting data in the New York State Plane Coordinate
System, NADA3 Long Island Survey Manager will review compilation '
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property evidence for boundary solution. office Surveyor will generate boundary survey
for submission to dient. LKK4A estimates eight (8) hours for two-man survey crew, �
twelve(12) hours for office Surveyor and one(1)hour for Survey Manager.
� Two-man survey crew will set nine (9) concrete monuments at the �
property corners indicated on the survey provided in the RFP. �
The |ump sum fee for Boundary Survey/o$3,O1O.0U. |
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The price to install concrete monuments b$2GS.0D per monument. �
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7ol)AY`S CRAI,jJ.,.'N(;DS | T )molR0w'8S0l-AYrIONS Since /950
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LKARA L. K, McLean Associates, P.C.
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I Fees include LKMA's operatipnal costs, consumable items, and travel costs on Long Island
1 associated with the work and will be due and invoiced upon completion of the work.
Our current work load will enable us to initiate work within two(2)weeks upon the issuance of an
approved contract.
The Client accepts that the actions of the federal, state, county and local governments, other !
regulatory agencies, consultants and adverse weather are beyond our control, We will strive to
cope with these factors but cannot be held responsible for delays, losses,or other adverse effects I
that the Client may suffer as a result of them.
Upon receipt of a proper invoice the Client will pay LKMA monthly for work performed up to the
total fee indicated.
If you are in agreement with this proposal, kindly sign one copy and return it to our office.This
will constitute your authorization for LKMA to begin the work.
Thank you for the opportunity to provide these professional services. Should you have any
questions regarding the information presented, please feel free to contact me at 631-286.8668,
ext. 250 or via email at tstill man 0..lk6la coM
Sincerely,
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Tamara Stillman,PLS
Associate, Director of survey and Mapping
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Cc:Christine Belson,Comptroller, LKMA j
LKMA File Copy
Accepted by: Date:,
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