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HomeMy WebLinkAboutDrainage Project - Sebastians Cove Rd RESOLUTION 2024-636 ^a; SCHEDULED DOC ID: 20447 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-636 WAS SCHEDULED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 16, 2024: RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Brian V. Klug Landscaper, Inc. dated July 12, 2024 in the amount of$4,700.00 for the drainage project on Sebastians Cove 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$4,700.00, subject to the approval of the Town Attorney. Denis Noncarrow Southold Town Clerk S O THIS AGREEMENT made and entered into thislof.f3' 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 Brian V Klug, Landscaper, Inc. (hereinafter referred to as "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: 1. PURPOSE. The Contractor shall provide professional services in conjunction with the drainage projects to be conducted on Sebastians Cove Road, Mattituck,New York. 2. SPECIFIC SERVICES. The Contractor shall perform all the tasks as set forth in the Proposal submitted to the Town dated July 12, 2024 and specifically the scope of work identified at page "l" thereof, a copy of which is attached hereto as Appendix"A" and made a part hereof, for the total sum of$4,700.00. 3. TIME AND ATTENDANCE; COOPERATION BY THE TOWN. The services to be rendered under this Contract shall be completed within 60 days of the execution of the contract. The Town agrees to cooperate with Contractor, as needed, and to provide Contractor with copies of any records, documents and other information needed for performance of this agreement in a timely basis. The Town further agrees to provide 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 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 Contractor, the Town shall make payments to Contractor as follows: (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 (Appendix "A"). Contractor shall submit 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 Contractor as expeditiously as possible. (c) In the event that the Town disputes or objects to any portion of any voucher submitted by Contractor pursuant to this paragraph,the Town shall,within 30 days of the receipt of such voucher, notify Contractor in writing of such dispute or objection. (d) Contractor acknowledges 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 therefore shall have been presented to the Town Board/Town Comptroller and shall have been audited and allowed by the Town Board/Town Comptroller. 5. TERM OF AGREEMENT; TERMINATION. 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 makes 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 the 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 Town shall send Contractor written notice that Contractor has 20 days to cure said default; and if, at the end of said 20-day period, Contractor has not cured said default, the Town may then terminate this agreement on 7 days' prior written notice to Contractor. Except as prohibited by law, the Town and Contractor hereby waive trial by jury in any litigation arising out of, or connected with, or relating to this Agreement. 6. SKILLS OF CONTRACTOR; CONFLICTS OF INTEREST. Contractor represents that Contractor, and any subcontractor performing work under this contract, have the requisite skills and experience to perform the services hereunder. 7. INDEPENDENT CONTRACTOR STATUS. Contractor and the Town agree that in the performance of Contractor's services hereunder, 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. 8. CONTRACTOR'S INSURANCE The Contractor and any and all subcontractors performing work, labor or services 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 Contractor 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 Contractor 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 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: 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 $5,000,000 on account of any one occurrence. 2. Property damage insurance in an amount not less than $500,000 for damage on account of all occurrences. The Town shall be named as a certificate holder and an additional insured on all policies of insurance and shall furnish proof of same to the Town Attorney prior to its commencement of any work under this Agreement. (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 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 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. Contractor agrees that Contractor will comply with all statutes, ordinances, local laws, codes, rules and regulations which are or may be applicable to 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 parry hereto: To Town: Dennis Noncarrow Town Clerk Town of Southold PO Box 1179 Southold, NY 11971-0959 To Contractor: Brian V Klug, Landscaper, Inc. 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 principles. 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 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 Contractor 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: Albert J Krupski, Jr., Supervisor Brian V Klug, Landscaper, Inc. By: 14.,4ee--� �Br-+naI, V�K/" , President STATE OF NEW YORK) _! COUNTY OF SUFFOLK) ss: On the of Orly 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,STATE OF NEW YpRI( Registration No.01 ST6164008 Qualified In Suffolk Counter Notary Public Commiaslon E*resApol 8.70.L../ STATE OF NEW YORK) COUNTY OF SUFFOLK) ss: On the of July in the year 2024 before me,the undersigned, personally appeared & r kta , 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. KIMBERLY HONIG NOTARY PUBLIC,State of New York No.01 H0615`d462 Qualified in Suffolk County Commission Expire hq 4-7 325-1208 6"vper,Landsc Inc.-- P.O. Box 349,Speonk,N.Y. 11972 July 12, 2024 Town of Southold Michael Collins, P.E. Engineering Dept. 53095 Main Road Southold, NY 11971 PROPOSAL: Sebastians Cove Road, Mattituck NY Demolish 27' of 15" diameter corrugated metal pipe and replace with 12" diameter HDPE pipe on Sebastians Cove Road in Mattituck. • The existing 15" diameter corrugated metal pipe between Structure cb2 sebastians and Structure cb3 sebastians is to be demolished and replaced with 12" diameter HDPE pipe • The Southold Town Highway Department will provide barriers, signage and a metal road plate so that the road can be closed in the vicinity of the project area during construction. One lane must remain open at all times as this is a dead end road. • The Southold Highway Department will provide the 12" diameter HDPE pipe for this project • Upon completion of the project, the road must be restored with 6" of compacted RCA to the existing road grade • The Southold Town Highway Department will provide the RCA • This job DOES NOT INCLUDE asphalt restoration • 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: $4,700. 325-1208 6 MF Landscaper,Inc(— Iq P.O. Box 349, Speonk,N.Y. 11972 July 12, 2024 Town of Southold Michael Collins, P.E. Engineering Dept. 53095 Main Road Southold, NY 11971 PROPOSAL: Sebastians Cove Road, Mattituck NY Demolish 27' of 15" diameter corrugated metal pipe and replace with 12" diameter HDPE pipe on Sebastians Cove Road in Mattituck. • The existing 15" diameter corrugated metal pipe between Structure cb2 sebastians and Structure cb3 sebastians is to be demolished and replaced with 12" diameter HDPE pipe • The Southold Town Highway Department will provide barriers, signage and a metal road plate so that the road can be closed in the vicinity of the project area during construction. One lane must remain open at all times as this is a dead end road. • The Southold Highway Department will provide the 12" diameter HDPE pipe for this project • Upon completion of the project, the road must be restored with 6" of compacted RCA to the existing road grade • The Southold Town Highway Department will provide the RCA • This job DOES NOT INCLUDE asphalt restoration • 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: $4,700. COVER S EET FOR DO UMENTS Sent To: / Sent By: TOWN ATTORNEY, PAUL M. DECHANCE DEPUTY T/A, JACK SQUICCIARINI ASSISTANT T/A, JULIE M. MCGIVNEY ASSISTANT T/A, BENJAMIN JOHNSON CONFIDENTIAL SECRETARY, AMY SCHLACHTER RECEIVE® Type Of Agreement: ''� ul. �� vN � 11 *9 20 Nature Of Contract/Agreement Southold Town Clerk., s1-1PA