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HomeMy WebLinkAboutKlug, Brian DENIS NONCARROW Town Hall,53095 Main Road P.O. TOWN CLERK per S Box 1179 ►� �O Southold,New York 11971 Fax (631) 765-6145 Telephone(631) REGISTRAR OF VITAL 765-1800 STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT ��; _ www.southoldtownn ov OFFICER FREEDOM OF RC D INFORMATION OFFICER �eou NOVAS Southold Town Clerk OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2025-824 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21,2025: RESOLVED that the Town Board of the Town of Southold hereby accepts the quote of Brian,V. , Klug, in the amount of$13,000.00, to remove and replace catch basin(s) in the vicinity pf 1265 Park Avenue, Mattituck, New York. Funds for this project from budget H.8540.2.100.150. Denis Noncarrow Southold Town Clerk J RESULT: Adopted MOVER: Councilwoman Smith SECONDER: Councilman Mealy AYES: Councilman Mealy, Councilwoman Smith, Councilwoman Doherty, Justice Evans, Councilman Doroski, Supervisor Krupski, Jr. NAYES: None Page 71 of 74 THIS AGREEMENT made and entered into this day of 9eteber,2025, byand 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. Kl,ug, 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 removal and replacement of catch basin(s) in the vicinity of 1265 Park Avenue, Mattittick,New York 11952. 2. SPECIFIC SERVICES. The Contractor shall perform all the tasks as outlined in the Proposal submitted to the Town dated October 17, 2025, a copy of which is'attached hereto as Appendix"A" and incorporated herein and made a part hereof, for the total sum of U3,000.00 as authorized by the Southold Town Board by adopted resolution 2025-824 on October 21,2025. 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 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. 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 2 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 al I 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 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 3 disposing of this Agreement or its 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 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 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 the 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. 4 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 Authorized Agent, the day and year first above written. TOWN OF SOUTHOLD By: ��� _ �� Albert J. Krupski Jr., Supervisor Brian V. Klug, Landscaper, Inc. By: V% ✓P_s. Authorized Agent STATE OF NEW YORK) COUNTY OF SUFFOLK) ss: rd On the of On RVin the year 2025 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. ( C(atw" Lin NOTARY M.STANDISH NOTEWYORK pegistr�atioIC,STATE OF n No ST61J64008 Notary Public 'Qualified in sufmi County Commission Expires April 9,20- STATE OF NEW YORK) COUNTY OF SUFFOLK)ss: ,,��1 I , On the tx7 of ,per in the year 2025 before me,the undersigned personally appeared llpy1,c�kkco ,personally known to me or proved to me on the basis of satisfactory evidence to be the ' dividual 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 pe s4n upon.whose behalf which the individual acted,executed the instrument. 0 KIMBERLY HONIG NOTARY PUBLIC,State of New York No.01 H0615tI462 Oualified in Suffolk County ;J 47b 75 Commission Expires 325-1208 PIL,n d M . P.O.Hox 349,Speonk,N.Y. 11972 Town of Southold October 17, 2b25 Michael Collins, P.E., Engineering Dept. 53095 Main Road Southold, NY 11971 PROPOSAL: 1265 Park Avenue, Mattituck NY Demolish one leaching catch basin and replace with a 41 x 2'6"W x 4'D catch basin with a flush grate inlet, two 8' diameter x 8' deep leaching basins and approximately 60' of 10" diameter HDPE pipe in the vicinity of 1265 Park Avenue in Mattituck. • Structure park-catch3 is to be demolished-and replaced with one new 41 x 2'6"1N x 4' deep catch basin with a rectangular flush grate inlet • One new 8' diameter x 8' deep leaching basin with a cast iron clean out cover to grade is to be installed to the east of Structure park-catch3 • Connect the new leaching pool to the new catch basin and to Structure park- catch2 with 10" diameter HDPE pipe • One new 8' diameter x 8' deep leaching basin with a cast iron clean out cover to grade is to be installed to the east of Structure park-catch1 • Connect the new leaching pool to Structure.park-catch1 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 basin, leaching pools and traffic bearing slabs for this project The Southold Highway Department will.provide the cast iron rectangular flush grate inlet and clean out covers 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 bepartment will provide the RCA • This job DOES NOT INCLUDE asphalt restoration or curb 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: $13,000. RECEIVED COVER SHEET FOR DOCUMENTS NOV - 5 2025 SENT TO: V� S®uthold Town Clerk 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 TypeA of Agreement : g Nature of Contract/Agreement