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HomeMy WebLinkAboutOrient Causeway Scen Bywy Prjct ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 15, 2005 Attn: William R. Schlumpf Island Structures Engineering, P.C. 325 Sunrise Highway West Islip NY 11795 Dear Mr. Schlumpf: The Southold Town Board at their regular meeting held on August 16, 2005 adopted resolution No. 2005-509 accepting the proposal of Island Structures Engineering, P.C. for engineering services to complete Phase "I-A' of the Orient Causeway Scenic Byways Project. A certified copy of the resolution is enclosed. Also enclosed is a signed copy of the agreement for your records. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures cc: Supervisor Town Attorney Town Comptroller PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan(a to~m.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoramwtown.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY Iori.montefusco(a'town.sout hold.ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631 ) 765-6639 To: OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM Ms. Joanne Liguori REC,','EIVED 2005 From: Lynne Krauza Secretary to the Town Attorney So.thole! Tovm Cle,k Date: September 9, 2005 Subject: Agreement Between the Town of Southold and Island Structures Engineering, P.C. Orient Causeway Scenic Byways Project Please be advised that Kieran has reviewed and approved the attached Agreement in connection with the referenced matter. A copy of the resolution authorizing Josh to sign this Agreement is attached. In this regard, kindly have Josh sign both counterparts of the Agreement where indicated, insert the date of signature on page 1 of each Agreement, and return them to the Town Clerk for distribution. Please note that Josh's signature must be notarized. Thank you for your attention. If you have any questions, please call me. /Ik Enclosures cc: Ms. Elizabeth Neville, Town Clerk (w/encl.) ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown.northfork.net RESOLUTION # 2005-509 Resolution ID: 1076 Meeting: 08/16/05 04:30 PM Department: Town Attorney Category: Bid Acceptance THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-509 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 16, 2005: RESOLVED, that the Town Board of the Town of Southold hereby accepts the Proposal of Island Structures Engineering~ P.C. in the amount of $50~000 for engineering services to complete Phase "I-A" of the Orient Causexvay Scenic Byways Project; and be it further RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to sign an Agreement between the Town of Southold and Island Structures Engineering~ P.C. in the amount of $50~000 for engineering services to complete Phase "I-A" of the Orient Causeway Scenic Byways Project, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk CONSULTING SERVICES AGREEMENT THIS AGREEMENT is entered into effective as of ~,~ /~- __, 2005 by ISLAND STRUCTURES ENGINEERING, P.C. (IS) and the Town of Southold ("Client")~ ARTICLE I SCOPE Island Stxuctures Engineering, P.C. shall perform the consulting services (the "Services") described in Proposal dated July 28 2005 for the "Orient Causeway Scenic Byways Project-Phase IA", which is attached and incorporated by reference herein. ARTICLE 2 COMPENSATION For performance of the Services, Client shall pay Island Structures Engineering, P.C. fifty thousand dollars ($50,000). This compensation shall be billed to Client as described in Proposal dated July 28, 2005. Payments are due and payable net 30 days. ARTICLE 3 REPRESENTATIVES Island Structures Engineering, P.C. will function in cooperation with and subject to the direction of Client's authorized officers or designated representatives. Island Structures Engineering, P.C. shall also designate a representative for the execution of the Services. (Designated representative for IS is William R. Schlumpf) ARTICLE 4 CONFIDENTIALITY If either party discloses information which is clearly identified as proprietary or confidential in writing, the party receiving such information shall keep it in confidence and shall not furnish or otherwise disclose it to any third party during or after completion of the Services. Neither party shall be obligated to maintain the conEdentiality of such information if: (i) the intbrmation is independently developed by the receiving party without the utilization of the confidential or proprietary information; (ii) the information is or becomes public knowledge without the fault of the receiving party; (iii) the information is or becomes available to the receiving party from another source without any legal obligation to protect such information; or (iv) the information is disclosed pursuant to a governmental or legal requirement. ARTICLE 5 TERMINATION Client may terminate this Agreement by giving I0 days' prior written notice to Island Stxuctures Engineering, P.C., but such termination shall not relieve Client of its obligation to pay Island Stxuctures Engineering, P.C. for expenses incurred and Services performed up to the date of termination and all reasonable expenses which Island Smscmres Engineering, P.C. incurs by reason of such termination. ARTICLE 6 WARRANTY ISLAND STRUCTUKES ENGiNEERING, P.C. WARRANTS THAT ITS SERVICES ARE PERFORMED, WITHIN THE LIMITS PRESCRIBED BY CLIENT, WITH PROFESSIONAL THOROUGHNESS AND COMPETENCE. THERE IS NO OTHER WARRANTY OR REPRESENTATION, WHETHER STATUTORY, EXPRESSED OR IMPLIED. THE SOLE LIABILITY OF ISLAND STRUCTURES ENGiNEERING, P.C. RELATING TO THE SERVICES SHALL BE LIMITED TO REPERFORMING AT ISLAND STRUCTURES ENGINEERING, P.C.'S EXPENSE ANY SERVICES PERFORMED BY ISLAND STRUCTURES ENGiNEERING, P.C. WHICH HAVE FAILED TO MEET THE ABOVE WARRANTY, IF SUCH FAILURE IS PROMPTLY REPORTED TO ISLAND STRUCTURES ENGiNEERING, P.C. NOT LATER THAN 365 DAYS FOLLOWiNG COMPLETION OF THE SERVICES. THE FOREGOING REMEDY SHALL BE CLIENT'S SOLE REMEDY FOR ANY FAILURE OF ISLAND STRUCTURES ENGINEERING, P.C. TO COMPLY WITH ITS WARRANTY OBLIGATIONS. ARTICLE 7 DELAYS Neither party shall be considered in default m the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by any cause which is beyond the reasonable control of the affected pat~oj. ARTICLE 8 NOTICES Any notice related to this Agreement shall be in writing and shall be considered duly made if delivered to the other party at the folloxving numbers and addresses: IS: Island Structures Engineering, P.C. Client: 325 Sunrise Highway West Islip, New York 11795 ATTENTION: William R. Schlumpf Telephone: (631)669-0693 Telecopier: (631)669-1599 Town of Southold P.O. Box 1179 53095 Main Road Southold, New York, 11971 ATTENTION: James A. Richter, R.A. Telephone: (631) 765-1560 Telecopier: (631)765-9015 Either party may change its address or numbers for receiving notices by giving written notice of such change to the other party. ARTICLE 9 SURVIVAL The provisions of Articles 4 and 6 of the Agreement shall survive the termination or cancellation of this Agreement and the completion of the Services performed hereunder and shall remain in effect. ARTICLE 10 LAW This Agreement shall be governed by and construed in accordance with the laws of the State of New York, ,vithout regard to its conflicts of law principles. ARTICLE l I INTEGRATION These terms and conditions are intended by Island Sumctures Engineering, P.C. and Client to constitute the fmal and complete statement of their agreement, and all prior proposals, corranunications and understandings relating to the subject matter of this Agreement are hereby superseded. No modification or amendment of this Agreement shall be effective unless the same is in writing and signed by both parties. By: (typed) / Island Structures Engineering, P.C.~ ., / (typed) William R. Schlumpf Title: President Title: TOWN OF SOUTHOLD b~a ~-/ Supervisor~/ STATE OF NEW YORK ) :~otan/q~ubl~, State of'~[ew qor( ) ss.: ~b. O~FI>ES068510 ' COUN~ OF SUFFOLK ) Q~a~'fiea'ht ~:I~ ~t°f C 'F ~ .in the year 2005, before me personally appeareu ~ WI . ~PF, kdown to me or proved to me on the basis of satisfacto~ eviden~ to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capaci~ and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual ac~xecut~ the instrument, fl ST~Tfi OF ~fiW YORK ) GOHR~ OF 8HFFOkK ) On the I~ day of ~~'( in the year 2005, before me personally appeared ~%a ~nq~ wA Y. 1lOP. TON, k~own to me or proved to me on the basis of satisfacto~ evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capaci~ and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Nota~ N~ Pu~l~, ~ ~ N~ No. 01~G0~28, S~k ~ 4.0 DELIVERABLES Island Structures will prepare a report as defined in Section. 2.10 of this proposal, to be delivered to the Town of Southold and the New York State Department of Transportation. In summary the report will: Describe a conceptual plan to place underground utilities that are currently overhead, improve the bikeway, define kayak access to the harbor and filter storm water runoff. The plan will be one that represents the best consensus achievable among all project participants. · Provide an estimated cost for executing the conceptual plan in Phase II of the project · Identify potential realistic funding sources for the execution of the conceptual plan. · Catalog the utilities located on the Causeway Identify the agencies, utilities and Town Departments contacted by Island Structures and summarize the information obtained from them. Cost data obtained from these sources will be verified to the extent possible. · Address permitting requirements and environmental impacts. At the Town's request and subsequent to delivery of the report, Island Structures will make a presentation of its findings and conclusions to the Town Board. 5.0 SCHEDULE Island Structures will deliver the report identified in Section 4.0 of this proposal within two (2) calendar months from the date of award of contract. This interval is consistent with the task durations shown in Appendix D of the Town of $outhold Program Workplan, which shows a planned startup of Phase IA on July 18, 2005, with the delivery of the Phase IA report on September 15, 2005. Page 4 of 5 6.0 PRICE The Deliverables described in Section 4.0 of this proposal will be provided for a firm, fixed price of: Fifty Thousand Dollars ($50,000) Appendix D of the Town of Southold Program Workplan allocates funds of $25,000 and $125,000 to Phases IA and lB respectively. Island Structures believes the amount allocated to Phase IA to be unrealistically Iow, but that based on the information available today, both phases could be executed for the total fundingof$150,000. ~tl~c~ ~k~CLuO~_5 '~').0 OOO O~:-~',~. ~r-.~O 7.0 TERMS & CONDITIONS The contract pdce shall be payable, in full, upon delivery of the report described in Section.4.0 of this proposal, Net 30 Days. The overall objective of Phase IA is to develop a consensus project approach that is fully fundable from grant and participant sources. Section 3.0 of this proposal describes a proposed project approach that Island Structures will pursue and around which it will seek to build a cor~ensus. If made necessary by the responses of the agencies that will be required to participate in the project, the proposed approach will be modified. Island Structures will exert its best efforts to build a consensus around the proposed or a similar, modified approach. Likewise, it will exert its best efforts to identify potential, realistic funding sources for the execution of that approach. However, Island Structures makes no representations that it can guarantee meeting the objective of building a consensus approach that is fully fundable. Upon delivery of the report, the contract price is payable whether or not that objective is met. Respectfully submitted: Accepted: William R. Schlumpf, PE, President Island Structures Engineering P.C. Town of Southold Page 5 of 5 I BLAND BTRUaTURlCB I[Nglg[_ I~I_JNB. P.i~__ 11'79 Island Structures Engineering P.C. Proposal No. 2005-152 RevO Date: July 28, 2005 Proposal for Engineering Services Town of Southold for Causeway Resource Protection Project Phase IA Submitted by: Island Structures Engineering P.C. 325 Sunrise Highway West Isllp, New York 11795 TABLE OF CONTENTS Pa.qe 1.0 BACKGROUND ................................................................... 1 2.0 SCOPE OF WORK ................................................................ 1 3.0 PROPOSED APPROACH ........................................................ 3 4.0 DELIVERABLES ................................................................................ 4 5.0 SCHEDULE ............................................................................ 4 6.0 PRICE ................................................................................ 5 7.0 TERMS & CONDITIONS ........................................................ 5 (i) 1.0 BACKGROUND This proposal is submitted in response to a public notice in the June 9, 2005 issue of the Traveler Watchman, in which the Town of Southold requested Professional Engineering and Design firms interested in bidding on the Orient Scenic Byways Project to submit notices of their intent to submit a formal bid. Island Structures Engineering P.C. responded with such a notice, indicating it will be teaming with The Nova Group Inc. of Northport NY. Subsequently, on July 20, 2005, Island Structures Engineering and The Nova Group met with Mr. James Richter, Engineer and Mr: Neboysha Brasich, Chairman Transportation Commission, both of the Town of Southold. At that meeting, Mr. Richter and Mr Brasich presented the background behind the project and distributed copies of Appendix D of the Town of Southold Program Workplan and an aerial view of the project site. Following the presentations there was discussion of the requirements of Phases IA & lB of the project, and Island Structures was requested to submit its proposal for Phase IA. This discussion, together with Appendix D of the Workplan, form the basis of this proposal. Island Structures and The Nova Group will be teaming as described in Section. 3.0 of this proposal. 2.0 SCOPE OF WORK Tl~e scope of the work is as described in Appendix D of the Town of Southold Program Workplan for Phase IA. For the sake of completeness it is given below. 2.1 Investigate the development of a consensus with regard to a project approach that will determine a course of action that would be in the best interest of the Town of Southold. 2.2 Conduct a series of interviews with, but not limited to, the following agencies; NYS Department of Transportation, LIPA, N¥S DEC, US Army Corp of Engineers, Cablevision, Vedzon, NYS Department of State and various Town Departments. 2.3 Obtain utility information, including identifying the locations and types of all utilities within the project area, the ownership of these utilities, and prepare an inventory of same. Page 1 of 5 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 Develop a consensus on a conceptual plan to underground the overhead utilities, improve the bikeway, define kayak access to the harbor, replace and modify the asphalt outside the shoulder with native seaside vegetation and filter storm water runoff. Vedfy data collected from all governmental agencies and develop an estimate of the overall Project Cost to complete the Phase II Construction Project. Determine the need to apply for any required permits, including U.S. Coast Guard, U.S. Army Corp of Engineers, DEC, SPDES, NYSDOT Highway Work Permits and any other required permits or approvals. Identify all potential realistic funding sources for implementation of the Phase II Construction Project. Verify potential environmental impacts through and adjacent to the project area where related or associated to the proposed project. Where required by the Town of Southold, or necessary for the performance of the Services, the contractor shall coordinate, cooperate, and consult with the Southold Transportation Commission and the Town's Engineering Department or other Consultants as directed by the Town of Southold. Review, circulate and submit a written report and other project data to the New York State Department of Transportation and the Town of Southold, to obtain the necessary review, approval, and/or secure the approval and/or authorization to proceed. This wdtten report shall outline all of the data gathered under Phase IA of this project. Make a presentation of the report and its findings to the Southold Town Board. Page 2 of 5 3.0 PROPOSED APPROACH A principal objective of this project is to take utility lines that are currently overhead and place them underground. Successful implementation will therefore require the active participation of the utilities whose lines are involved. These include LIPA, Cablevision and Verizon. LIPA, in particular, has made it clear that, generally, the cost of placing utility lines underground will cause it to raise its base electric rates, and so for this reason has shown reluctance to do so. However, despite its reluctance, LIPA has placed or intends to place lines underground in several communities. LIPA's Chairman, Mr. Kessel, has recently stated that LIPA will bury lines, at its cost, where it is necessary for reliability, and that he will seek to develop a policy for shadng the cost with municipalities when they seek burials for aesthetic reasons. In its contacts with LIPA and the other utilities, Island Structures will emphasize both the reliability and the aesthetic attributes of this project. Reliability, in particular, is an issue because of the Causeway's direct exposure to storm damage. All the utilities can be expected to require that the work associated with their lines be done under their direct supervision, either by their own force account labor or by their own contractors. In order to limit the costs that will be incurred by the utilities, Island Structures will pursue and seek to build a consensus around an approach whereby the Town of Southold's contractor will execute all non-utility aspects of the project but will include a trench(es) into which the utility lines will be placed. The cost of the trench(es) will not be a direct utility expense, but they will be built to the utility companies' specifications. The utilities, or their contractors, will build their own ductbanks within the trench(es), pull their cables into them and make the transition connections to the overhead lines at each end of the causeway. Once the transition connections are made, it is possible that demolition and removal the abandoned overhead lines can be done by the Town of Southold's contractor, further reducing the utilities' direct cost. Ideally, within this scenario, the Town of Southold's contractor will be the successful bidder on the utility aspects of the work, enabling a seamless execution of all the work. Island Structures will handle the Civil/Structural, Permitting, and Environmental aspects of the project and The Nova Group will handle the electrical and other utility aspects. Page 3 of 5 Orient Causeway Scenic Byways Project The Town of Southold is seeking a means to address visual impacts and improvements to the natural resources in the vicinity of the Causeway between East Marion and Orient. This project is known as; THE NORTH FORK TRAIL, SCENIC BYWAY: RESOURCE PROTECTION PROJECT. CAUSEWAY BETWEEN EAST MARION AND ORIENT - PIN: SB09.03.321. NOTICE IS HEREBY GIVEN THAT NOTICES OF INTENT ARE SOUGHT AND REQUESTED FOR THE FOLLOWING DESIGN SERVICES: Scope of Work: Phase "1 A" 1. Unless the Town of Southold otherwise directs the Consulting Engineer in writing, the Consulting Engineer or Engineering Firm agrees to perform, or cause to be performed, the following work under Phase "1A" of the Project: a. Develop a consensus with regard to project approach that will determine a course of action that would be in the best interest of the Town of Southold; b. Conduct a series of interviews with but not limited to the following agencies; NYS Department of Transportation, LIPA, NYS DEC, US Army Corp of Engineers, Cablevision, Verizon, NYS Department of State & various Town Departments; c. Obtain utility information, including identifying the locations and types of all utilities within the project area, the ownership of these utilities, and prepare an inventory of same; d. Develop a consensus on a conceptual plan to underground the overhead utilities, improve the bikeway, define kayak access to the harbor and filter storm water runoff; e. Verify data collected from all governmental agencies and ascertain the overall Project Cost to complete the Phase il Construction Project; f. Determine the need to apply for any required permits, including U.S. Coast Guard, U.S. Army Corp of Engineers, DEC, SPDES, NYSDOT Highway Work Permits and any other required permits or approvals; g. Identify all potential realistic funding sources for implementation of the Phase II Construction Project; h. Verify potential environmental impacts through and adjacent to the project area where related or associated to the proposed project; i. Where required by the Town of Southold, or necessary for the performance of the Services, the contractor shall coordinate, cooperate, and consult with the Southold Transportation Commission and the Town's Engineering Department or other Consultants as directed by the Town of Southold; j. Review, circulate and submit a written report and other project data to the New York State Department of Transportation and the Town of Southold, to obtain the necessary review, approval, and/or secure the approval and/or authorization to proceed. This written report shall outline all of the data gathered under phase "1A" of this project; omo