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HomeMy WebLinkAboutBay Avenue Bridge Evaluation ~wW~, RESOLUTION 2013-708 +,~i ADOPTED DOC ID: 9112 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2013-708 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 24, 2013: RESOLVED that the Town Board of the Town of Southold hereby authorizes Scott A. Russell to enter into a professional services contract with D&B Engineers and Architects, P.C., for the engineering evaluation of the Bay Avenue bridge located in East Marion, at a cost not to exceed $8,500 as outlined in their proposal dated September 6, 2013, all in accordance with the Town Attorney. ~ ~`T_""- Elizabeth A. Neville Southold Towu Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Christopher Talbot ORIGINAL THIS AGREEMENT made and enterod into this day of October, 2013, by and between Town of Southold (hereinafter referred to as `"I'own'~, a municipal corporation organized and existing under and by virtue of the laws of the State of New York (mailing address: o% Elizabeth A. Neville, Town Clerk, P.O. Box 1179, Southold, New York 11971-0959, party of the first part, and D & B Engineers and Architects, P.C. (hereinafter referred to as "Consultant's with an address at 330 Crossways Park Drive, Woodbury, New York 11797, party of the second part. WITNESSETH: That the Town and Consultant, for the consideration named, hereby agree as follows: 1. PURPOSE. The Town hereby retains Consutant, on the terms and conditions set forth hereinafter, for the purpose of Professional Engineering Services regarding the Bay Avenue Bridge Project located at East Marion Lake. 2. SPECIFIC SERVICES. Within 30 days after the execution of this agreement, Consultant shall submit an engineering report including findings and recommendations for repair and replacement options and the cost of these options. The specific scope of work is described in the attached letter from Consultant dated September 6, 2013. 3. TIME AND ATTENDANCE• COOPERATION BY THE TOWN. Consultant shell perform the services described herein and attached hereto in as expeditious a manner as is reasonably possible and no later than 30 days from the date hereof. 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 firmly basis. The Town further agrees to provide Consultant with saxes to appropriate officials and/or employees of the Town, as may be needed in the performance of the agreement. Moreover, both parties understand and agrce that mutual aeeoantabitity 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 Consultant, the Town shall make payments to Consultant as follows: -I- (a) For the services to be performed by Consultant pursuant to patagt~h 2 hereof, the Town shall pay Consrrltarrt a sum not to exceed $a,50l.®0 dawn. Payments shell be made montlily based upon the hours expended on the project a< Consultant's hourly billing rate (approximately 80 man boon). Consultant shall send the Town a signed voucher for such compensation Such voucher shall be due and payable within 45 days after receipt of such voucher, but such sum shall rat be due and payable by the Town rmtil the Town Board of the Towe has raxived such a voudrer and has audited std approved for payment the signed voucher to be submitted by Consultant in connexion therewith. The Town Board shall process any vouchers received from Consultant as expeditiously as possible. In the everrt that the Town disputes of objects to any portion of any voucher submitted by Consultant pursuant to this paragraph, the Town shall, within 30 days of the receipt of march voucher, notify Consultant in writing of such dispute or objection. Consultant acknowledges that Consultant is familiar with the requirements of section 118 of the Town Law which, in effect, prohibit payment of amy of Consultant's claims 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. 5. TERl?4 OF AGREEMENT: TERMINATION. This agrcenremt shall be for a period of 30 days commencing on the date of this Agreement, provided, however, that this agreement shall terminate immediately in the event that (a) Comsultant dies; (b) Consultant incurs a disability which makes Consultant unable to perforn? the services which Consultant is required to perform hereunder; (c) Consultant files a Petition in Bankruptcy Court or a Petition is filed against ConaultaM in Bankruptcy Court, or Conwltam is adjudged bankrupt or makes an assignnrart for the benefit of creditors; or (d) a Receiver or Liquidator is appointed for Conuultant andlor Consultant's property and is not dismissed within 20 days after such appointment or the proceedings in connection therewith are not stayed on appeal within the said 20 days. In the event that Consultant refuses or fails to provide the services required hereunder with due diligence, or fails ro make prompt payment to persona supplying labor for Consultant'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 agreerrrent, the Town shall send Consultant written notice that Consultant has 20 days to cure said default; and if, at the end of said 20-day period, Consultsnt has not owed said default, the Town may then terminate this agreement on 7 days' prior written notice to Consultant. All claims, disputes and other rnrrlbers in question arising out of, or elating to, the provisions of paragraph 6 of this agreement shall be docidcd by arbitration in Suffolk County, New York, in accordance with the rules then prevailing of the American Arbitration Association. The award nr?dered by the arbitnrtora shall be final and binding, and judgment may be entered upon it and enforced in any court of competent jurisdiction. -2- 6. BLS OF CONSULTANT: CONFLICTS OF INTEREST. Consultant represents that Consultant has the requisite skills and experience to perform the services hereunder. 7. INDEPENDENT CONSULTANT STATUS OF CONSULTANT. Consultant and the Town agree that in the performance of Consultant's services hereunder, Consultmt is an independent consultant and shell not be deemed to be an employee or agent of the Town for any purpose whatsoever. 8. PROHIBITION AGAINST ASSIGN F.1JT. Consultant is hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this agreement or his right, title or interest in this agrxment. 9. COMPLLANCE WITH STATUTES. Consultant agrees that Consultant will comply with all statutes, ordinances, local laws, codas, rules and regulations which ere or may be applicable to Consultant's services, activities and duties set forth in this agreement. 10. NOTICES. Any and all notices and payments required hereunder shell be addressed as follows, or to such other address m may hereafter be designated in writing by either party hereto: To Town: Elizabeth A. Neville, RMC, CMC Town Clerk Town of Southold PO Box 1179 Southold, NY 11971-0959 To Consultant: John Schreck D 8c B Engineers azd Architects, P.C. 330 Crossways Park Drive Woodbury, NY 11797-2015 11. WAIVER. No waiver of any breach of any condition of the Agreement shall be binding unless in writing amd 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. -3- 12. APPLICABLE LAW. This Agreement is governed by the laws of the State of New York. 13. COMPLETE AGREEMENT: MODLFICATION. This Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unle~ in writing and signori by both parties. IN WITNESS WHEREOF, the Town of Southold has caused its corporate seal to be affixed hereto and these preseMS to be signed by Scott A. Russell, its Supervisor, duly authorized to do so, and to be attested to by Elizabeth A. Neville, Town Clerk, and the Consultant has caused its corporate seal to be affixed hereto and these presents to be signed by its President, the day and year first above written. Town of Southol By: . Russell, upervisor (Consultant) V, PQ,es~new'~ STATE OF NEW YORK) p t L YJ4iNa~'-s 1 ?~M1.CH~tC~'~TS, P G COUNTY OF SUFFOLK) On the 7 day of October in the year 2013 before me, the undersigned, personally appeared Scott A. Russell, perswwlly known to me or proved to me on the basis of sadafiwtory evidence to be the individual whose rvtme 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 peeson upon whose behalf of which the individual acted, executed the inswment. Notary Public utttt~rt ir. srt+ ~0~` ~ ms~ts°~os"~"~ y~ CaawM~a 6apApit R 7olg -4- 11EIQNAT$ ,fit N3SItIA1 >fl W waN to sfelE ,ailda9 titrlpq EOCP9tBT2t0.oN = rh~uo~aN~u2~n~~i b^,~/~~~~ } STATE OF NEW YORK ) N SSlaU) ss.: COUNTY OFK) the 3 day ofl~tober in the year 2013 before me, the undersigned, personally appeared ph lt~ Gl~ personally known to me or proved W me on the basis of satisfactory evider?ce to be the individual whose name is subscribed to the within instrument and acknowledged to me that hdshe executed the same in hia/hex capacity that by his/her signature on the instrument, the individual m the n who f of which the individual acted, executed the instrument. No blic Nota KELLYPEDONE ry Public, State of New York Quatified~n N 3~a000ounty Commission Expires July 5, 20~ -5-