Loading...
HomeMy WebLinkAboutLK McLean - Traveler St surveying DENIS NONCARROW Town Hall,53095 Main Road P.O. TOWN CLERK �Of SQUjy Box 1179 Southold,New York 11971 Fax REGISTRAR OF VITAL (631) 765-6145 Telephone(631) STATISTICS MARRIAGE OFFICER 7 RECORDS MANAGEMENT www.southoldtownny.gov 0 aldto OFFICER FREEDOM OF o INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2025-742 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 25,2025: RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of L.K. McLean, D.P.C.in the amount of$8,350 for surveying services on Traveler Street, Southold, New York, all in accordance with the Town Attorney. A.1440.4.500.400. Denis Noncarrow Southold Town Clerk RESULT: Adopted MOVER: Councilman Mealy SECONDER: Councilwoman Smith AYES: Councilman Mealy, Councilwoman Smith, Justice Evans, Councilman Doroski, Supervisor Krupski;Jr. NAYES: None Page 66 of 01 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 L.K. McLean Associates D.P.C. (the "Consultant"),with an address of 437 South Country Road,Brookhaven,New York, 11719; WITNESSETH, that.theTown and the Consultant, for the consideration hereinafter named, agree as follows: ARTICLE 1. WORK TO BE DONE AND CONSIDERATION THEREFOR The Consultant shall perform survey and mapping services pertaining to performing a boundary survey along approximately 80011 of Travelers Street,just west of Youngs Avenue intersection and adjoining the LIRR Southold train station, as outlined in the accepted proposal dated August 26, 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 August 26, 2025, in the amount of$8,350.00. 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 two(2)weeks 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 suin 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 August 26.2025. (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) Liability Insurance: The Consultant shall take out and maintain during the life of this Contract such general liability and professional liability(E&0)insurance. The amounts of such insurance are as.follows: 1. General Iiability 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, employeess 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 arisin�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 ASSIGNIitIENT 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 2025-742,attached hereto and made a part hereof, adopted by the Town Board of the Town of Southold, at a meeting thereof held on September 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 i any provisions thereof shall be valid unless in writing and signed by both parties. I i 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. i Town of Southold j By: Albert J. Krupski,Tr. Supervisor Town of Southold L.K. McLean i es, T.C. i i By: orb k. CEO STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On the O 46 day of in the year 2025 before me,personally came Albert J Krupski, Jr., to me kn(wn, 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. ' r i Signature and o ice of indivi ual taking cknowledgme ELLS L MASZEWSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01 T06156671 STATE OF NEW YORK) Qualified in Suffolk County ) ss.: My Commission Expires 11-21-2026 COUNTY OF SUFFOLK) 0 e 3D da o in the year 2025 before me,personally came to me known, who, being by me duly sworn,deposes and says that he/she/they is are)Re�� nt or 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 4indiv* ned his/her/their name(s)thereto by,like authority. Signal e and officeaking acknowledgment CHRISTINE WIEGAND NOTARY PUBLIC,State of New York No.01 W16210359,Suffolk Countcyy � Commisslon Expires August 17�J� LKAVAL. K. McLean Associates, D.P.C. 4- 437 South Country Road • Brookhaven • New York • 11719 (631)286.8668 - FAX(631)286-6314 :• 25 Newbridge Road • Suite 212 • Hicksville New York • 11801 hitps:/Iww%y.lkma.com Assowles ROBERTA STEELE,P,E.,PRESIDENT and CEO JAM ES L OeKOHING,P.E.,VICE PRESIDENT STEVEN W.EISENBERG.P.E. CHRISTOPHER F.DWYER.VICE PRESIDENT 'A NCENT CORRADO,P.E. KEITH J.MASSEROI P.E.VICE PRESIDENT KEVIN J.PETERMA I.P.E. MATTHEW JEDLICKA LEED AP.PRINCIPAL KARA M OVEILL,GISP,MBA TAMARA STILLMAN,P L.S.,PRINCIPAL-DIRECTOR OF SURVEY CHRISTINE L BELSON.MSA,SHRM-SCP,PRINCIPAL-CONTROLLER August 26,202S Town of Southold Engineering Department 53095 Route 25,P.O. Box 1179 Southold,NY 11971 Attn: Michael Collins,P.E.,Civil Engineer RE; Travelers Street at LIRR Southold Train Station Lot Line Modification Plan SCTM No.1000-060-01-007,001 Dear Mr.Collins, L,K.McLean Associates,D.P.C. (LKMA)Is pleased to submit a cost proposal for professional survey and mapping services pertaining to performing a boundary survey along approximately 800 i.f. of Travelers Street in Southold, just west of Youngs Avenue intersection and adjoining the LIRR Southold train station. A portion of Travelers Street is encroaching on the LIRR property and rather than relocate the street the Town of Southold Is proposing a lot line modification In this area and the LIRR is in agreement with this solution. LKMA has identified the following tasks associated with this work: • Field SUrveV — Two-man survey crew will search for and locate existing boundary evidence in the subject vicinity utilizing Trimble R10 GPS unit, collecting data in the New York State Plane Coordinate System, NAD83, Long Island Zone, They will proceed to set project control points and locate the planimetric features within the subject tax map parcel and the adjoining Traveler Street right-of-way.LKMA estimates two days(16 hours) for a two-man survey crew. Subtotal=$4,580,00 • Office Survey_ Office Surveyor will perform research and compile deed and file map information in the vicinity of the survey limits for boundary determination. After this step has been completed, they will generate the lot line modification plan in this area for the approval of the Town of Southold and LIRR. LKMA estimates three days(24 hours)for the office surveyor and two (2 hours) for the survey manager to review, write legal description of quit claim parcel, sign and seal hard copies of the plan and generate electronic pdf for submission to client, Subtotal-$3,770.00 The lump sum fee for the Lot Line Modification Plan is$8,350.00. Established 1950 LK&A L.'K. McLean: Associates, D.P.C. Fees include LKMA's operational costs, consumable items, and travel costs on Long Island associated with the work and will be due and Invoiced upon completion of the work. our current work load will enable us to initiate work within two(2)weeks upon the issuance of an approved contract. The Client accepts that the actions of the federal, state, county and local governments, other regulatory agencies, consultants and adverse weather are beyond our control. We will strive to cope with these factors but cannot be held responsible for delays,losses,or other adverse effects that the Client may suffer as a result of them. Upon receipt of a proper Invoice the Client will pay LKMA monthly for work performed up to the total fee indicated. If you are in agreement with this proposal, kindly sign one copy and return It to our office. This will constitute your authorization for LKMA to begin the work. Thank you for the opportunity to provide these professional services. Should you have any questions regarding the Information presented, please feel free to contact me at 631-286-8668, ext.250 or via email at tstiliman@Ikmaxom. Sincerely, Tamara Stillman,PLS Principal,Director of Survey TLS:tls Cc:Christine Belson,Principal and Comptroller LKMA File Copy Accepted by: Date: COVER SHEET FOR DOCUMENTS , -- J6.SENT TO: 10, C C.T Sent By: TOWN ATTORNEY, PAUL M. DECHANCE DEPUTY T/A, JACK SQUICCIARINI ASSISTANT T/A, JULIE M. MCG'IVNEY ASSISTANT T/A, BENJAMIN JOHNSON CONFIDENTIAL SECRETARY, AMY SCHLACHTER Type of Agreement : Nature of Contract/Agreement a r