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HomeMy WebLinkAboutStillwater Ave Culvert replacement RESOLUTION 2025-170 ADOPTED DOC ID: 21104 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2025-170 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 25,2025: RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of L.K. McLean Associates,P.C.dated January 3,2025 in the total amount of$17,905.00 for professional services associated with the replacement of the culvert on Stillwater Avenue;and be it finiher 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 L.K.McLean Associates,P.C. in the total amount of$17,905.00,subject to the approval of the Town Attorney. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Brian O. Mealy,Councilperson SECONDER:Greg Doroski,Councilperson AYES: Mealy,Doherty,Evans,Doroski,Krupski Jr EXCUSED: Anne H. Smith AGREEMENT� n THIS AGREEMENT, entered into this'_ day of Mar 2025, by and between f 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 L.K.McLean Associates D.P.C. (the "Consultant"),with an address of 437 South Country Road,Brookhaven,New York, 11719; WITNESSETH, that the Town and the Consultant, for the consideration hereinafter named, agree as follows: ARTICLE 1.WORK TO BE DONE AND CONSIDERATION THEREFOR The Consultant shall perform the surveying and engineering services associated with the improvements to the existing culvert on Stillwater Avenue in Cutchogue,as outlined in the accepted proposal dated January 3, 2025, a copy of which is attached hereto as Appendix A and made a part hereof. The Consultant shall receive a fee for said services as per the accepted proposal submitted by the applicant,dated January 3,2025,in the amount of$17,905.00. ARTICLE 2. TERM OF AGREEMENT The terms of this agreement shall run from the full execution of this Contract and the work shall be completed within six(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 of this agreement on a timely 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 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) 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 Contactor 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 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,prohibit 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 of 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 claims 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 Contract. ARTICLE 4. CONSULTANT'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 of 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 January 3,2025. (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 Contract 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) LiabiIity Insurance: The Consultant shall take out and maintain during the life of this Contract such general liability and professional liability(E&O)insurance. The amounts of such insurance are as follows: 1. General liability insurance in an amount not less than $1,000,000 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 $2,000,000.00 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 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. As an independent contractor, it will be responsible for all damage, loss or injury 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, Consultant shall, to the fullest extent permitted by law, indemnify and hold harmless the Town, it officers, employees, and representatives against damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by 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. Consultant'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, 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 attorneys' fees,including damages arising from injuries or death or 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 Consultant is legally liable. Notwithstanding anything to the contrary contained herein or in any other document purporting to govern the relationship amongst the parties and to the fullest extent permitted by law,Consultant shall not have control over,charge of,or responsibility for construction means, methods,techniques, sequences,or procedures;fabrication;procurement;shipment;delivery;or installation;or for safety precautions and programs in connection with the construction work. Consultant shall not be responsible for any contractor(s)'s failure to perform the construction work in accordance with the requirements of the contract documents. 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.AUTHORITY FOR EXECUTION This Agreement has been executed in accordance with a Resolution 2025-170,attached hereto and made a part hereof,adopted by the Town Board of the Town of Southold,at a meeting thereof held on February 25,2025 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 full 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 hereto: To Southold Town: Denis Noncarrow Southold Town Clerk 53095 Route 25 Southold,NY 11971 To Consultant: L.K. McLean Associates,D.P.C. 437 South Country Road Brookhaven,New York 11719 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 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 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 as venue. 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• - Albert J.Krupski,A. Supervisof Town of Southold L.K.M cL ea 8rr s i to ,ZD.P By: Robert Steele President&CEO STATE OF NEW YORK) )ss.. COUNTY OF SUFFOLK) q, Cri On the day of A4ar-Gh in the year 2025 before me,personally came Albert J Krupski,Jr., to me known,who,being by me duly 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. '/ _ �L ^ �'d�- Signal e And office of individual taking acknowledgment IAUREN M.STANDISH NOTATE OF NEW YORK Registtrattion No.01 ST6164008 STATE OF NEW YORK) oualifled in Suffolk county a ss.: Commission Expires April 9,20- COUNTY OF SUFFOLK) fQ r� he r�day of in the year 2025 before me,personally came t e to me known,who,being by me duly sworn,deposes and says that he/she/they is(are)the reside%Sa.[ r other officer or director or attorney in fact duly appointed)of the name of corporation),the corporation described herein and which executed the above instrument;that the action taken was duly authorized,and that he/ y signed his/her/their name(s)thereto by like authority. S ature a'n"T office o indi r ual faking acknowledgment CHRISTINE WIEGAND NOTARY PUBLIC,State of New York No.01Wi6210369,Suffolk Countyi Commission Expires August 175 L11AA L. K. McLean Associates, D.P.C. •:• 437 South Country Bead Brookhaven Neiv York 11719 (631)280.8668 • FAX(631)286-6314 :• 25 Nevbridge Road • Suile 212 • Hicksville • New York • 11801 hnps:/hvww.lkmaxom ROBERT A.STEELE,P.E,PRESIDENT and CEO Associates JAMES L.DPKONING,P.E.,VICE PRESIDEISI CHRISTOPHER F.DWYER,VICE PRESIDENT STEVEN N REW B. E KEiTH J.MASSERIA,P.E.,VICE PRESIDENT ANOREO R DO,P.E.R FAATTHEW JEDLfCKA,LEED AP,PRINCIPAL VINCEN, ETERADO,P. TAMARA STiLLMAN,P.L.S.,PRINCIPAL-DIRECTOR OF SURVEY KEVIN J.PETERMAN,P,E, YJ1RA IA.O'NEiLL,G15P,MBA CHRISTiNE L.BELSON,MBA,SHRM-SCP,PRINCIPAL-CONTROLLER January 3,2025 Town of Southold Engineering Department 53095 Main Rd Southold,New York 11971 Attn: Michael Collins P.E.,Town Engineer Re: "Stillwater Avenue Culvert Rehabilitation" Proposal for Professional Services Dear Mr.Collins: In accordance with your request, L.K. McLean Associates, P.C. (LKMA) has prepared this proposal for surveying and engineering services associated with the improvements to the existing culvert on Stillwater Avenue(#1640 Stillwater Avenue) in Cutchogue. It is our understanding that the Town is looking for a set of construction level drawings to replace the pipes that currently handles stormwater collected on the west side of Stillwater underneath the roadbed to the east side where a current swale exists. Based upon our conversation and a review of the contours(using LIDAR),it appears the existing swale on the east side of Stillwater Avenue does connect hydraulically by grade (pitch) eventually to East Creek. It is unknown whether any freshwater wetland vegetation exists in this Swale at this time. Since our office will require a swing topography of the ! affected area we will substantiate that this existing grading is the case, If so,we have included a separate cost for permitting(NYSDEC and Town'Trustees)only if necessary. The improvements would include the removal or proper termination of existing piping,regrading of each end and methods to stabilize each end of the culvert. Based upon our conversation and inspection of the existing roadbed, it was determined that no major asphalt restoration is needed beyond the limits of the trench for the new culvert. SCOPE Task I — Surveyiug: Obtain all features of the area using a two-man survey crew and prepare an existing conditions and removal plan based upon the topography and fixed features collected. We assume this will be one day of field survey,3 flours to process(prepare a DTM) and 3 hours to complete the swing survey. Any property markers that can be found will be obtained by survey. This task will include wetland delineation or verification that no vegetation exists. Task Il--Design Services:Prepare a site plan showing the proposed grading,stormwater itprovements and any and all restoration required for the new culvert. This plan will be supported with a construction detail sheet that will include temporary erosion and sediment controls to be installed during construction, This task will include technical specifications, prevailing wage rates scliedule for project, itemized proposal forms and an engineer's construction cost estimate for the purpose of supporting a public bid process. Any boilerplate documents shall be provided by the Town, Task Ill (ojrly ii'required — Permitting: In the event that a wetlands permit or letter of no jurisdiction is required by the State DEC and Town D-ustees, LKMA will prepare pernrlt packages for each agency for either a permit or notice to be issued Established 1950 IC McLean. Associates, D.P.C. Task IV—Construction Monitoring Services: LKMA shall provide a construction inspector' for(lie duration of the construction phase. We estimate the entire construction phase to be 2-3 working days or 32 total hours of f time which Includes any construction administration responsibilities(payments,project closeout,etc..) PEE We estimate the above referenced services to be broken down into four(4) potential tasks with the following assigned lump sutn costs paid by a percentage of completion; Task I Surveying&'Mapping Services(includes wetland delineation) $ 2,975.00 Task II Design Services(Bid Package) $ 7,400.00 Task III Permitting Services(only if required) $ 3,850.00 Task IV Construction Monitoring Services(32 hours total) $ 3,680.00 We appreciate the opportunity to prepare this proposal for the Town's consideration and our current workload enables its to start this project within a week from being authorized by the Town. Should you or any members of your staff have any questions or comments regarding this proposal,please do not hesitate in contacting this office. Very truly yours, CFD:ofd Christopher F.Dwyer,Vice President CC: LKMA Comptroller Copy LKMA Project Manager Copy LKMA Proposal-Stillwater Culvert Page 2 of COVER SHEET FOR DOCUMENTS S e n t To:_ 64L, Sent By: TOWN ATTORNEY, PAUL M. DECHANCE DEPUTY T/A, JACK SQUICCIARINI ASSISTANTT/A, JULIE M. MCGIVNEY ASSISTANT T/A, SENJAMIN JOHNSON CONFIDENTIAL SECRETARY, AMY SCHLACHTER Type Of Agreement: Ckjol�� APR - 9 2025 i ..:,,t.N''�7':,r;'1•:; '. nth�.rv,�'n� �.1^, ^m t Nature Of Contract A reement / g