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HomeMy WebLinkAboutEquestrian Ave Sidewalks RESOLUTION 2024-1069 ADOPTED DOC ID: 20932 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTIONNO.2024-1069 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON } DECEMBER 17,2024: RESOLVED, that the Town Board of the Town of Southold hereby accepts the `Proposal for Services' of CHA Solutions dated August 29,2024, for the replacement of existing sidewalks } along the north side of Equestrian Avenue,totaling approximately 2,300 linear feet,as more fully described in the"Scope of Services"therein, as an exception to the Town's Procurement Policy based upon the remote location of the work to be conducted,the limited contractor interest in the area and the required timing�of the work; 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 a contract with CHA Solutions, for the work to be performed, in a sum not to exceed$45,000, in accordance with the approval of the Town Attorney and funded by budget line H 5410.2.400.200. Denis Nonearrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Brian O.Mealy, Councilman AYES: Doroski, Mealy, Smith,Krupski Jr,Doherty, Evans AGREEMENT THIS AGREEMENT, entered into this day of 2025, by and between the Town of Southold,New York("the Town ),a municipal corporation organized and existing under the laws of the State of New York with offices at 53095 Main Road, Southold, New York, and CHA Consulting, Inc.,(the"Consultant")or("CHA"), with an address 3 Winners Circle,Albany,NY 12205; (survey services,to the extent required,will be performed by Clough,Harbour&Associates,LLP); WITNESSETH, that the Town and the Consultant, (the "parties"), for the consideration hereinafter named, agree as follows: ARTICLE 1.WORK TO BE DONE AND CONSIDERATION THEREFOR The Consultant shall perform the professional services,for the replacement of existing sidewalks along the north side of Equestrian Avenue, totaling approximately 2,300 linear feet, as more fully described in the"Scope of Services"attached as Exhibit A. The Consultant shall receive a fee for said services as per the accepted proposal submitted by the applicant, dated August 29,2024, not to exceed the amount of$ 45,000.00. ARTICLE 2.TERM OF AGREEMENT The term ofthis agreement shall run from the full execution of this Contract and the work shall be completed within 6 months 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 ofthis agreement on atimely basis.The Town further agrees to provide Consultant with access to all areas of the structure where work is performed and with all appropriate officials and/or employees ofthe Town,as may be needed in the performance ofthe agreement. Moreover,both parties understand and agree that mutual accountability and responsiveness is critical to the successful completion ofthe 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 in general conformance with the design, the Consultant shall submit an itemized voucher to the Town Comptroller for payment. Such voucher shall be due and payable within forty-five (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 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 within 30 days of the receipt of such voucher, in writing,of such 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 of any 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 payment-related claims and all liabilities to the Consultant for all the things done or furnished in connection with this work, 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 for the full and correct performance of the Work required within the time specified herein and any errors therein shall be corrected at the Consultant's own cost and expense.In addition,the Consultant shall indemnify 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 dated August 29, 2024, annexed as Exhibit A and incorporated herein. C. The Consultant shall be solely responsible for all labor and services provided for under this Agreement. 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 (E& O) insurance. 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$4,000,000 on account of any one occurrence. 2. Professional liability(E&O) insurance 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, except for Professional Liability Insurance, and certificate.holder in said policies with respect to liability arising out of services provided by Consultant. The foregoing minimum limits may be satisfied by a combination of base and excess or umbrella liability policies. ARTICLE 6.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. ARTICLE 7. INDEMNITY AND SAVE HARMLESS AGREEMENT With respect to professional services,CHA 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 CHA's negligent performance of professional services,misconduct, and/or omissions under this Agreement and that of its subconsultants or anyone for whom CHA is legally liable. CHA'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, CHA 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 reasonable attorneys' fees, including damages arising from injuries or death of persons and damage to property to the extent caused by the negligent performance of professional services, misconduct, and/or omissions under this Agreement and that of its subconsultants or anyone for whom CHA is legally liable. ARTICLE 8. NO ASSIGNMENT In accordance with the provisions of section 109 of the General Municipal Law,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.PREVAILING WAGE RATES REQUIRED BY LAW A. The parties hereto, in accordance with the provisions of section 220(3) of the Labor Law, if applicable,hereby agree that each employee engaged in work under this contract shall be paid not less than the wage rate established as the prevailing rate of wages for the work covered by the agreement. B. Labor classifications not appearing on the schedule of wages can be used only with the consent of the parties and then the rate to be paid will be given by the parties after being advised by the Department of Labor. C. The Consultant shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements,as specified in the Agreement, for the various classes of mechanics,workingmen/women, or laborers employed. ARTICLE 10. AUTHORITY FOR EXECUTION This Agreement has been executed in accordance with a Resolution 2024-1069,attached hereto and made a part hereof, adopted by the Town Board of the Town of Southold, at a meeting thereof held on December 17,2024 and its execution on behalf of the Town is duly authorized.A copy of this instrument shall be executed in triplicate.At least one copy shall be permanently filed, after execution thereof, in the office of the Town Clerk, c/o Denis Nonearrow. The individual executing this Agreement on behalf of the Consultant hereby represents and warrants that he/she has the full right, power and authority to execute this contract and is authorized by the Consultant to do so. ARTICLE 11. 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 Southold Town: Denis Noncarrow Southold Town Clerk 53095 Route 25 Southold, NY 11971 With Copy to: Michael Collins, Town Engineer P.O.Box 1179 Southold,NY 11971-0959 To Consultant: CHA Consulting,Inc. 3 Winners Circle Albany,NY 12205 ARTICLE 12. 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. ARTICLE 13.MODIFICATION This Agreement constitutes the complete understanding ofthe parties.No modification ofany provisions thereof shall be valid unless in writing and signed by both parties. ARTICLE 14.APPLICABLE LAW This Agreement is governed by the laws ofthe State ofNew York.In the event of any controversy or claim arising out ofor relating to this contract,orthe breach thereof,the parties specifically consent to the Supreme Court,State of New York,County of Suffolk as the proper forum for adjudication. IN WITNESS 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: 1 Albert J.Krups i,Jr. Supervisor Town of Southold CHA Consulting,Inc. By: STATE OF NEW YORK) )ss.. COUNTY OF SUFFOLK) Op thedq day of in the year 2025 before me,personally came Albert J Krupski,Jr., to me known,who,being by me Auly sworn,deposes and says that he is the Supervisor of the Town of Southold,the municipal corporation described herein and which executed the above instrument;that the action taken was duly authorized,and that he signed his name thereto by like authority. LAtIREN M.STANDISN NOTARY PUBLIC,STATE OF I Mf y" Signature and office of individual taking acknowledgment Registration No.01ST8184000 tjaallw to Suffolk County3r/ Commisskn�pirasAP�Y,2�L STATE OF NEW YORK) )ss.: COUNTY OF SUFFOLK) On the 23 day of January in the year 2025,personally came Bryan Busch 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 fact duly appointed)of CHA Consulting,Inc.,the corporation describe erein and which executed the above instrument;that the action taken was duly authorized, an tha e/she/they s' d his/her/their name(s)thereto by like authority. 1MI MA!f- r Si a anid`o'ltgdy individual taking acknowledgment Subscribed and Sworn to before me,a Notary Public, in and for County ofLdk-Q1. LORI A. GUIM4NT and State of Connecticut,this day of 20--1 ° NOTARY PUBLIC ' ' z MY Commisston Ex{i r' Feb:28,2627 € r - �--` ' — NO PUB L M mmission Expires ' 3 D� - EXHIBIT A August 29,2024 Proposal Number.X97857 Page 2 of 7 PROPOSAL FOR SERVICES Sidewalk Replacement Equestrian Avenue, Fishers Island, NY EXHIBIT A: SCOPE OF SERVICES&DELIVERABLES Scope of Services • Construction Plans&Specifications: CHA will perform a topographic survey to document the existing site conditions. Existing conditions will include the location of sidewalks, driveways, roads,trees,visible above ground utilities, and other conditions that may be impacted by the construction and will depict the existing site grades. CHA will use this information as a base map for our design-plans. Design plans will depict proposed sidewalks, grading, limits of work,ADA ramp locations, construction details and required sediment and erosion control measures. Technical Specifications will also be prepared. • Construction Phase Services: CHA will provide construction engineering and inspection services on an as-needed basis to verify grading,work performance and proper installation. CHA generally has Survey and Engineering Staff on Fishers Island one day per week during the construction season in support of other projects and could provide spot inspections and/or attend project meetings as part of our regular schedule in order to reduce the Town's costs for Construction Oversight. CHA also has a team of dedicated Construction Inspectors and Administrators that we could assign to the project to provide full-time or part-time Construction Oversight depending on the Town's needs. For the purpose of this proposal a total of 8 days of Full Time Inspection are assumed. • Closeout Documents: CHA will provide as-built drawings of the sidewalks and surrounding conditions after work has been completed.An engineering report will be compiled from our inspection report and the as-built drawings detailing the work performed and that the new sidewalks were built in conformance with the plans and ADA requirements. CHA will also replace key property corners disturbed during construction. Assumptions&Clarifications • CHA assumes that the existing/proposed sidewalk is located within the Town's existing right of way and has not included time to prepare easements and/or assist with the acquisition of additional right of way. • CHA has included time to prepare Technical Specifications in support of the Town prepared Bid Documents. CHA has not included time to prepare"front end"Contract Documents or to provide Bidding Assistance (distribution of documents, attendance at pre-bid meetings, etc.). • The topographic survey will extend from the edge of the existing road to approximately 10 feet beyond the back of the existing sidewalk. Right of way lines will be established throughout the project area. • The as-built assumes one trip after project completion to document the new sidewalk. If additional trips are necessary, CHA will discuss any additional expense to complete the work. C:" *WWOA August 29,2024 Proposal Number:X97857 Page 3 of 7 EXHIBIT B: SCHEDULE We anticipate completion of the Construction Plans and Specifications within 6 to 8 weeks of receiving your signed authorization to proceed. EXHIBIT C: FEE PROPOSAL This project will be billed on a Lump Sum and Hourly basis as indicated below. CHA invoices monthly on a percentage complete basis, and payments are due within 30 days. Below is an outline of fees and estimates. Construction Plans&Specifications: $17,300.00(Lump Sum) Construction Phase Services: $2,300/Day (Hourly Estimate-$18,400 for 8 Days Assuming 10-hour Days including Ferry Travel Time and Fees) Closeout Documents: $6,600.00(Lump Sum) . tror COVER SHEET FOR DOCUMENTS 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 Type Of Agreement: f Nature Of Contract/A eement Yv JAN 3 0 2025 b ,C I