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HomeMy WebLinkAboutLinnet Street Drainage Yy4 .. RESOLUTION 2024-853 ADOPTED DOC ID: 20660 ' THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2024-853 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 24,2024: RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Brian V. Klug Landscaper, Inc. dated September 20,2024 in the amount of$14,600.00 for the drainage project on Linnet Street; 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$14,600.00, subject to the approval of the Town Attorney. Denis Nonearrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Anne H. Smith, Councilwoman SECONDER:Brian O. Mealy, Councilman AYES: Doroski,Mealy, Smith,Krupski Jr, Doherty, Evans THIS AGREEMENT made and entered into this of � 2024, by and between the Town of Southold (the "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 project to be conducted on Linnet Street, Greenport,New York. 2. SPECIFIC SERVICES. The Contractor shall perform all the tasks as outlined in the Proposal submitted to the Town dated September 20,2024 and specifically,the scope of work identified at page"1"thereof,a copy of which is attached hereto as Appendix "A"and incorporated herein and made a part hereof, for the total sum of $14,600.00 as authorized by the Southold Town Board by adopted resolution 2024-853 on September 24,2024. 3. TIME AND ATTENDANCE; COOPERATION BY THE TOWN. The services to be rendered under this Contract shall be completed within two(2)months of 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 on a timely basis. The Town further agree 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 the 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 F voucher, notify the 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 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 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. Contractor represents that Contractor, and any subcontractor performing work under this Contract, shall have the requisite skills and experience to perform the services hereunder. 2 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: I. 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 Iuriush proof of same to the Town Attorney prior to its commencement of anv 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 3 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 its right, title or interest in this Agreement without prior written consent of the Town. H. 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 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 hereto: To Town: Dennis Noncarrow Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971-0959 To Contractor: Brian V.Klug,Landscaper,Inc. P.O. Box 349 Speonk, New York H 972 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 the venue for all disputes shall be in Suffolk County. 4 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. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 5 IN WITNESS WHEREOF, the Town of Southold has caused its corporate sea] 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 Authorized Agent, the day and year first above written. TOWN OF SOUTHOLD By: Albert J. Krupski Jr., Supervisor Brian V. Klug,Landscaper,Inc. By: O / CJ✓Cs,Authorized Agent STATE OF NEW YORK) COUNTY OF SUFFOLK) ss: iCI L i^1_s On the ofQIpQc/ 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 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. n 0 , �44 LAUREN M.STANDISH NOTARY PUBLIC,STATE OF NEW YORK Registration No.01ST6164008 Notary Public Qualified in Suffolk County�!'� Commission Expires April 9, STATE OF-NEW YORK) COUNTY OF SUFFOLK)ss: On the_ of �tC -& in the year 2024 before me,the undersigned personally appeared t�11 L ,personally known to me or proved to me on the basis of satisfactory evidence to be the t dividual whose name is subscribed to the within instrument and acknowledged tome 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. Lcel6z 11� ary P fie t 4KIMBERLY HONIG NOTARY PUBLIC,State of New York No.01 H0615t462 6 Qualified in Suffolk County Commission Expires 44 061 APPENDIX "A" 325-1208 � —L�bilscapu,9ne.-- , 1:0.11x 349,;SpsoaX N.Y.11972 Sept. 20, 2024 Town of Southold Michael Collins, P.E. Engineering Dept. 53095 Main Road Southold, NY 11971 PROPOSAL: Drainage work on Linnet Street, Greenport NY One block catch basin, one 8' diameter x 4' deep leaching catch basin with a dome, approximately 31' of 6" diameter HDPE pipe and,approximately 30' of 8" diameter corrugated metal pipe demolished and replaced with two 41 x 2'6"W x 4'D catch basins (one with a curb inlet and one with a flush grate inlet), one 8' diameter x 8'.deep leaching basin and approximately 61' of 10" diameter HDPE pipe in the vicinity of 807 Linnet Street in Greenport. • Structure cb1 linnet is,to be demolished and replaced with one 4'L x 2'6"W x 4' deep catch basin with a rectangular flush grate inlet • Structure cb2 linnet 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 • Approximately 30' of 8"diameter corrugated metal pipe will be demolished between Structure cb1 linnet and Structure cb2 linnet and replaced with 10" diameter HDPE pipe • Approximately 31' of 6" diameter HDPE pipe will be demolished between Structure cb2 linnet and Structure cb3 linnet • One new 8' diameter x 8' deep leaching basin with a cast iron clean out cover to grade is to be installed between Structure cb2 linnet and Structure cb3 linnet • The new leaching basin is to be connected to Structure cb2 linnet and Structure cb3 linnet with 10" diameter HDPE pipe • 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 • The Southold Highway Department will provide the precast concrete catch basins, leaching pools and traffic bearing slab for this project • The Southold Highway Department will provide the cast iron rectangular curb grate inlet, flush grate inlet and clean out cover for this project • The Southold Highway Department will provide the 10" 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 or sidewalk restoration • The contractor is responsible for the disposal of all 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: $14,600. COVER SHEET FOR DOCUMEN S Sent To: RECEIVED Sent By: TOWN ATTORNEY, PAUL M. DECHANCE OCR 16 20 DEPUTY T/A, JACK SQUICCIARINI ASSISTANT T A JULIE M. MCGIVNEY Southold Town Clerk ASSISTANT T/A, BENJAMIN JOHNSON CONFIDENTIAL SECRETARY, AMY SCHLACHTER X Type Of Agreement: C Nature Of Contract/Agreement � � s7yu�,