HomeMy WebLinkAboutNelson & Pope - New Town Court & Police Headquarters =oOgUfFO(,yC3 RESOLUTION 2024-300
ADOPTED DOC ID: 20109
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-300 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 26, 2024:
RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2024-262,
adopted at the Marchl2, 2024 regular Town Board meeting, as follows:
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Nelson &
Pope for Architectural & Engineering Services in connection with the construction of a new
Town Court and a new Town Police Headquarters, in the amount of$506,500.00 $528,000, to be
a legal charge to H.1620.2.500.725, all in accordance with the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:Anne H. Smith, Councilwoman
AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans
MEMORANDUM' �� �
To: Denis Noncarrow,Town Clerk APR 2 2024
From: Paul M DeChance, Town Attorn FIWO Town
Re: Nelson&Pope Contract
Date: April 12, 2024
Attached for filing with your office,please find the fully executed Contract with Nelson and
Pope, dated April 12, 2024, for the architectural and engineering services for the proposed Police
Headquarters and Justice Court to be located at 41405 Main Road, Peconic, in the amount of
$528,000.00,plus reimbursable expenses of$18.500.00.
Thank you.
AE'E'MVN'I'
THIS AGREEMENT, entered into this .11 day of April, 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 Nelson & Pope
(the "Consultant"),with an address of 70 Maxcss Road,Melville,New York;
WITNESSETH, that the Town and the Consultant, for the consideration hereinafter named,
agree as follows:
ARTICLE 1. WORK TO HE HONE AND C'ONSIDERATiON THEREFOR
The Consultant shall perform the Architectural & Engineering Services for the Southold Town
Police Headquarters and Justice Court to be located at 41405 Main Road (Route 25), Peconic, New
York as outlined in its accepted bid proposal dated November 30,2023 and attached hereto.
The.Consultant shall receive a fee for said service as per the accepted proposal and amendments
thereto submitted by the Consultant, in the amount of $528,000,00, plus reimbursable expenses of
$18,500(Drawing and Document Reproduction and Photocopies$4000;Soil Borings and Geotechnical
Engineering Report$14,000; Requested Express Mail and Delivery $500)
ARTICLE 2. TERM OF AGREEMENT
The terns of this agreement shall run from the full,exccution of this Contract without delay until
completion,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 required to perform the work 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) clays 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
Consultant it shall notify Consultant in writing of sucli 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 ofany 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
allowed 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
(a) The Consultant shall be responsible !'or 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
own cost and expense, in addition, the Consultant shall indemnity 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.
(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(L& 0) insurance. The amounts of such
insurance shall be as follo,,vs:
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 Iiability (E& 0) insmance in an amount not less than$2,000,000 per
occurrence or claim and$4,000,000 aggregate.
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 G. DAMAGES
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 irlju►y 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
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,the Consultant 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,to the extent caused by the Consultant's
negligent performance of professional services,misconduct, and/or omissions under this Agreement
and that of its subconsultants or anyone for whom Consultant is legally liable.
With respect to liability other than that arising out of professional services,the Consultant 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
the Consultant is legally liable.
AWFIC'LE 8. NO ASSIGNME NT
In accordance with the provisions of section 109 of the General Municipal I.,aw,the Consultant 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.
ARTICLE" 9. AUTHORITY FOR EXECUTION
This Agreement has been executed in accordance with a Resolution 2024-300. attached liereto and
made a part hereof,adopted by the Town Board of the Town of Southold,at a meeting thereof held on
March 26, 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 Lull 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 liereto:
To Southold Town: Denis Noncarrow
Southold Town Clerk
53095 Route 25
Southold,NY 11971
To Consultant: Nelson&Pope
70 Maxess Road
Melville,New York 11747
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 tetin 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.
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 W["1'NI SS 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.
Town of Southold
By:
Albert J. Krupskt,Jr. Supervisor
Town of Southold
Nelson& Pope Engineering,Architecture and Land Surveying,PLLC
By:
STATE OF NEW YORK)
)ss..
COUN•I'Y OF SUFFOLK)
On theQVI-day of,4or't_L in the year 2024 before me,personally came
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 tact duly appointed)of the
�.,L%n_ .9 ,Snyi-►,•• of I [name of corporation], the corporation described herein and which
ek,ecuted the above instrument;that the action talcen was duly authorized, and that lie/she/they signed
his/her/their nanie(s) thereto by like authority.
v' MICHELLE L TOMASZEWSKI
Signature Ad office of indiN W al taking Vknowledgnient NOTARY PUBLIC-STATE OF NEW YORK
No, 01 T06156671
Qualified in Suffolk County
My Commission Expires 11-27-2026
STATE OF NEW YORK)
)ss..
COUNTY OF SUFFOLK)
On the CI day of 'l 'L in the year 2024 before me,personally came
to me known, who,being by me duly sworn,deposes and says that
1i •he/they is (are)the(president or other officer or director or attorney in fact duly appointed)of the
t fc —f3s�� [name of corporation], the corporatiojjvJo9unib,�d herein and which
executed the above instrument;that the action taken was duly autikrie�R�' he/shelthey signed
his/heheir names)thereto by like authority, q�y;'+tio°�, T :,�o
Signature and office of individual taking acknowledgment