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HomeMy WebLinkAboutDrainage Project - Harbor View Rd n"yvir�""j 4 x RESOLUTION 2024-337 � r ADOPTED DOC lD:20148 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2024-337 WAS. ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 9,2024: RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Brian V. Mug Landscaper,Inc. dated April 5,2024 in the amount of$16,350.00 for the drainage project on Harbor View Road, and be it further 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 Brian V. Klug Landscaper,Inc: in the total amount of$16,350.00,-subject to the approval of the Town Attorney. Denis Noncarrow Southold Town Clerk RESULT: ADOPTEb (UNANIMOUS) MOVER: Anne H. Smith,Councilwoman SECONDER:Brian 0. Mealy, Councilman ,AYES: Doroski,Mealy, Smith,Krupski Jr,Doherty, Evans 2n20244 MEMORANDUM i T'dwmCrer•�." To: Denis Noncarrow, Town Clerk From: Benjamin F. Johnson,Assistant Town Attorney Re: Brian V. Klug, Landscaper, Inc., - Contract. Date: April 29, 2024 I have attached the executed Contractwith Brian V. Klug, Landscaper, Inc., for the Harbor View Road drainage project for$16,350.00. This office prepared it, and the contractor and Supervisor executed it. Town Board resolution 2024-337 is attached. Kindly keep an executed copy of the contract for the Southold Town records. Should you wish to discuss this matter further, do not hesitate to contact our office. TINS AGREEMENT made and entered into this ��_ol:_... r,`t 2024, by and between the Town of Southold. (the "'Town"), a municipal corporation organized and existing under and by virtue of the laws.ofthe State of New York(mailing address: c/o Dennis Noncarrow., Town Clerk, P.O. Box 1179, Southold, New York I 1971-0959), party of"the first part, and Brian V. Mug, Landscaper,, Inc. (the "Contractor") with an address at P.O. Box 349, Speonk, New York 11972, party of the second part. WITNESSETH; That the Town and Contractor, for the consideration named, hereby agree as follows: I. PURPOSE. The.Contractor shall,provide professional services in conjunction With the drainage project ozi Harbor View Road in Mattituek,.New York, 2. SPECIFIC SERVICES. The Contractor shall perform all the tasks as outlined in the Proposal submitted to the Town dated April 5, 2624 and specifically,the scope of work identified at page "I"thereof,a copy of which is attached hereto.as Appendix"A"and incorporated herein,and made a part hereof,for the.total sum.of $16MO.00 as authorized by the Southold.Town Board by adopted resolution 2024.337 on April 9, 2024. 3. JIME AND,ATTT:N Mw1�GI;.CQOI'ERATIOt*1 BY THE TOWN The Contractor shall.complete the services to be rendered under this Contract within two(2)months of the Contract's execution. The Town agrees to cooperate with the Contractor, as needed, and to provide the Contractor with copies of any records, documents and other information required to perform this Agreement on a timely basis, The Town further agree, to provide the Contractor with access to all work areas.and 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 are critical to the successful completion of the project. 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 Contractor, the Town shall make payments to Contractor as follows: . f (a) For the services to be performed by Contractor pursuant-to Paragraph "2" hereof,:the Town shall pay Contractor as set forth in the Proposal (Appendik"A'').,Contractor shall subioit:an itemized voucher for work actually completed on a monthly basis to the Town Comptroller.. Such voucher shall be due and payable within 45 days after receipt of such voucher,subject to review of the Comptroller and approval for payment by the Town Board. (b) The Town shall process any vouchers received from.the Contractor as expeditiously as practically possible. (c) In the event that the Town disputes.or objects to any portion of any voucher submitted by the Contractor,pursuant to this paragraph;the Town shall,within 30 days of the receipt of such voucher,notify the Contractor in writing of such dispute or objection. (d) Contractor acknowiedges that Contractor is familiar with the requirements of Section 118 of the Town Law, which, in effect, prohibits payment of any of Contractor's claims against the Town unless an itemized voucher shall have been presented to the Town Board and Town Comptroller and shall have been audited and allowed by the Town Board and Town Comptroller, 5. TERM OF AGREEMENT. 'r.RMINA` ION This Agreement shall commence on the Agreement being fully executed 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)Contractor dies; (b)Contractor incurs a disability which.renders Contractor unable to perform the services which Contractor is required to perform hereunder; (c) Contractor files a Petition in Bankruptcy Court or a Petition is filed. against Contractor in. Bankruptcy Court, or Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors; or(d)a,Receiver or Liquidator is appointed for Contractor and/or Contractor's property and is not.dismissed within 20 days after such appointment or the proceedings in connection therewith are not stayed on appeal within said 20 days. In the event'that Contractor refuses or.fails to provide the services required hereunder with due diligence, or fails to make prompt payment to persons supplying labor for Contractor'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 Tpwn shall send Contractor written notice that Contractor has 20 days to cure said default;and if,at the end of the said 20-day period,Contractor has not cured said default,the Town may then terminate this Agreement on seven days prior written notice to Contractor. Except as prohibited by law,the Town and Contractor waives trial by jury in any litigation arising out of,connected with,or relating to this Agreement. 6. SKILLS OF CONTRACTOR. The Contractor represents th6t.the Contractor and any subcontractor performing work under this Contract shall 'have the requisite skills and experience to perform the services 2 a . hereunder. 7. 1NDEAENQENT CQNTRACTOR STATUS The Contractor and the Town agree that in performing its services hereunder,the Contractor is an independent contractor and shall not be deemed to be an employee or agent of the Town for any purpose whatsoever. The Contractor 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. S. CONTRACTOR'S INSURANCE 1. The Contractor and any and all subcontractors performing work, labor,or services shall not commence work under this Contract until.they have obtained all insurance required under this paragraph and such insurance has been approved by the Town. The following are the respective insurance requirements; (a) Compensation Insurance; The 'Contractor shall take out. and maintain workers' compensation insurance for its employees assigned to the work hereunder during the life'ofthis Contract. (b) Liability Insurance;, The Contractor shall take out and raintain during the life of this Contract such general liability, property damage, and commercial auto liability insurance as shall protect it and the Town. 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 $2,000,000 for injuries, including wrongful death to any person, and subject to the same limit for each person, in an amount not less than $5,000,000 on account .of any one occurrence. ii. .property damage insurance in an amount.not less than $500,000 for damage on account of all occurrences. iii. .The`!'own shall be named as a certificate holder and an additional insured on all.policies of insurance.The Contractor shall furnish proof of same to the Town Attorney prior to the commencement of any work under this Agreement. iv. 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 afro the date of such accident. 3 9. INDEMNIFICATION. Contractor and its subcontractors,agents,servants,and employees shall release,indemnify,defend,and hold harmless, the Town,its officers, employees, and representatives from and against any and all demands, liabilities, losses, damages,expenses (including attorney's fees) and judgments for any personal injuries,death,or property damage in any way relating to or arising from this Contract and, the services to be performed under this Contract. 10. PROHIBITION.AGAINST ASSIGNMENT. Contractor is hereby prohibited from assigning, transferring, conveying, subletting, and/or otherwise disposing of this Agreement or its right,title or interest in this Agreement without prior written consent of the Town: 11. COMPLIANCE 'WITH STATUTES. The Contractor agrees that the Contractor will comply with all statutes, ordinances, local laws, codes,rule_s,,and regulations that are or may be.applicable to the Contractor'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 hercto: To Town: Dennis Noncarrow Town Clerk Town of'Southold .P.G. Box 1179 Southold, NY 11971-0959 To Contractor: Brian V.Klug,Landscaper,The. P.O.Box 349 Speonk,New York 11972 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 4 principles. The Contractor hereby submits. to the jurisdiction of the Courts.of the State of New York for all disputes relating to this Agreement and agrees that the venue for all disputes shall be in Suffolk County. 15, COMPLETE AGREI ME-NT: MC?i�I This Agreement constitutea the complete understanding of the parties. No modification of any provisions.thereof shall be valid unless in writing.and signed by both parties. THE REMAINDER.OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. 5 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 Contractor Has caused its corporate seat to be affixed hereto and these presents-to be signed by its Autharized Agent, the day and year first above written. TOWN OF SOUTHOLD By: Albert J. Krupski Jr., Supervisor Brian V.K lug, Landscaper,Inc. jV ry P�rc� lCf Ir. r �'MAuthorized Agent STATE OF NEW YORK) �1 COUNTY OF SUFFOLK)ss: On the of in the year 2024 before me,the undersigned,personally appeared Albert J. Krupski Jr., personJily wn to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the.within the 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. ° MICHELLE L TOMASZEWS 1 11 NOTARY PUBLIC-STATE OF NEW YORK Notary Public No. 01 T06156671 Qualified in Suffolk County My Commission Expires 11-27-2026 STATE OF NEW YORK) COUNTY OF SUFFOLK)ss: On the of^ �QV in the year 2024 before me,the undersigned personally appeared 11' R ✓ ?..._ �personally known to the 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, K Public KIMBERLY HONIG NOTARY PUBLIC,State of NewYork No.01 HO6153462 G Qualified in Suffolk.Coun Commission Expires , i= � Appeadix . 32s-1 208 Asho M...IGand71p;.tn'...- Town.of Southold April 5, 2024 Michael Collins,:P.E., Engineering Dept. 53095 Main Road Southold, ICY 11971 PROPOSAL.,., Harbor View Road,.Mattituck Two 8'diameter x 4' deep leaching catch basins and approximately t25'of 15"diameter corrugated metal pipe demolished and replaced with four 4'.L x 2'6"Vir x 4'D catch basins with curb grate inlets and approximately 14V of 10"diameter HDPE:pipe on Harbor View Road. ® Structure inletviewe-catch3 is to be demolished and replaced with one 4'L x 2'6"W x 4' deep catch basin with a rectangular curb grate inlet Structure cb1 harbor view rd'is to be demolished and replaced with one 4'L x 2'6'W x 4' deep catch basin with a rectangular curb grate inlet o Approximately 60' of IS"diameter corrugated metal pipe will be demolished between Structure inletviewe-catch3 and Structure cb1 harbor view rd and replaced with 10" diameter HDPE pipe o One.new4'L x 2'6"W x 4' deep catch basin with a rectangular curb grate inlet is to be installed on the south side of Harbor View Road approximately 65'west of Structure cbl harbor view rd o Approximately 65' of 15"diameter corrugated metal pipe will be demolished between Structure cbl harbor view rd and the new catch basin to the west and replaced with 10" diameter HDPE pipe The exposed upstream end of the 15"diameter corrugated:metal outfall pipe is to be permanently plugged with.concrete �. One new 4'L x 2'6"W x 4' deep catch basin with a rectangular curb grate inlet is to be installed on the north side of Harbor View Road approximately 65' west of Structure ebl harbor view rd * Connect the two new western.catch basins across Harbor View Road with 10"diameter HDPE pipe(appmximately.22') » The Southold Town Highway Department will obtain utility mark outs and saw cut the asphalt with a road saw prior to the start of construction * The Southold Town Highway Department will provide barriers and signage so that the road can be closed in the vicinity of the project area during construction a The Southold Highway Department will provide the precast concrete catch basins,the cast.iron rectangular curb grate inlets,and the 10"diameter HDPE pipe for this project, a Upon completion of the project,the road must be restored with 6"of compacted RCA to the.existing road grade Q The Southold Town Highway Department will provide the RCA a This job DOES NOT INCLUDE asphalt restoration or curb restoration e The contractor is responsible for the disposal of all asphalt debris and excavated materials generated during the course of the project This is a prevailing wage job and certified payrolls must be provided with the final invoice TOTAL: $16,350.