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HomeMy WebLinkAboutCME Associates A00 `kit RESOLUTION 2014-105 ADOPTED DOC ID: 9471 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-105 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 14,2014: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and CME Associates Engineering, Land Surveying & Architecture, PLLC, in connection with preparing a topographic survey and base mapping that will include all existing conditions related to existing segments of certain Town & Private Right-of-Ways located on Fishers Island, at a cost not to exceed $8,900.00, subject to the approval of the Town Attorney. a~ Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell r ORIGINAL THIS AGREEMENT made and entered into this /Z day of R '"120, by and between Town of Southold (hereinafter referred to as "Town"), a municipal corporation organized and existing under and by virtue of the laws of the State of New York (mailing address: c/o Elizabeth A. Neville, Town Clerk, Town Hall, P.O. Box 1179, Southold, New York 11971-0959, party of the first part, and CME Associates Engineering, Land Surveying & Architecture, PLLC. (hereinafter referred to as "Consultant") with an address at 32 Crabtree Lane, P.O. Box849, Woodstock, CT 06281, 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 Consultant, on the terms and conditions set forth hereinafter, for the purpose of preparing a topographic survey and base mapping that will indicate all Existing Conditions related to existing segments of Town & Private Right-of-Ways Located on Fishers Island, N.Y. This mapping shall be delivered to the Town in both Paper Print & Electronic Auto CAD Form. 2. SPECIFIC SERVICES. Within Six (6) months after the execution of this agreement, CME Associates shall Survey & Map all existing site conditions for the following Right-of-Ways (R.O.W.'s): 1. Oriental Avenue, beginning at the north-westerly corner of Navy property located on the southerly side of the Oriental Ave. R.O.W. and located immediately adjacent to & opposite of the intersection with Montauk Avenue. And from this point of beginning extending easterly to a point that is 500 linear feet East of Wilderness Road where Oriental Ave. changes to East End Road. 2. Montauk Avenue, to include all existing conditions within 50 Linear Feet of the intersection with Oriental Avenue. 3. Wilderness Road, beginning at the intersection with Oriental Ave. / East End Road and extending southerly up to and including the end of the existing Bike Trail. This Topographic Survey and Base Mapping shall include, but not be limited to the following: Topographic maps with 1 foot contours, Edge of Pavement, all above ground Utilities, all obstructions located in the Road Shoulders (e.g. Wetlands, Rock, Fencing, Tree's, etc.), all Driveway or access aprons that intersect with Oriental Avenue, and any other man- made or natural feature that could be considered an obstruction within the R.O.W. -1- 3. TIME AND ATTENDANCE: COOPERATION BY THE TOWN. Consultant shall perform the services described herein and attached hereto in as expeditious a manner as is reasonably possible and no later than Six (6) months from the execution of this contract. 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 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 Consultant, the Town shall make payments to Consultant as follows: (a) For the services to be performed by Consultant pursuant to paragraph 2 hereof, the Town shall pay Consultant the sum of eight thousand nine hundred $ 8,900 dollars, inclusive of reimbursable costs, which includes but is not limited to Special or Overnight Delivery fees; copy or reproduction fees for reports, plan sets, construction documents, etc.; sub-consultant fees; and other project specific fees as outlined in the Scope of Services. 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 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 signed voucher to be submitted by Consultant in connection therewith. The Town Board shall process any vouchers received from Consultant as expeditiously as possible. In the event that the Town disputes or objects to any portion of any voucher submitted by Consultant pursuant to this paragraph, the Town shall, within 30 days of the receipt of such 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 any 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. Any additional fees / expenses or work not specified herein will require the approval of the Town Board prior to incurring said fees / expenses or commencing said work. -2- 6. TERM OF AGREEMENT: TERMINATION. This agreement shall be for a period of Six (6) months commencing on the date set forth at the top of page 1 of this agreement, provided, however, that this agreement shall terminate immediately in the event that (a) Consultant dies; (b) Consultant incurs a disability which makes Consultant unable to perform the services which Consultant is required to perform hereunder; (c) Consultant files a Petition in Bankruptcy Court or a Petition is filed against Consultant in Bankruptcy Court, or Consultant is adjudged bankrupt or makes an assignment for the benefit of creditors; or (d) a Receiver or Liquidator is appointed for Consultant and/or 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 to make prompt payment to persons 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 agreement, 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, Consultant has not cured said default, the Town may then terminate this agreement on 7 days' prior written notice to Consultant. Consultant shall be paid for any field work performed prior to termination on an hourly basis and Consultant shall provide to the Town any work product resulting from said field work. 7. SKILLS OF CONSULTANT• CONFLICTS OF INTEREST. Consultant represents that Consultant has the requisite skills and experience to perform the services hereunder. 8. INDEPENDENT CONSULTANT STATUS OF CONSULTANT. Consultant and the Town agree that in the performance of Consultant's services hereunder, Consultant is an independent consultant and shall not be deemed to be an employee or agent of the Town for any purpose whatsoever. 9. PROHIBITION AGAINST ASSIGNMENT. Consultant is hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this agreement or his right, title or interest in this agreement. 10. COMPLIANCE WITH STATUTES. Consultant agrees that Consultant will comply with all statutes, ordinances, local laws, codes, rules and regulations which are or may be applicable to Consultant's services, activities and duties set forth in this agreement. 11. 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: James A. Richter Office of the Engineer -3- PO Box 1179 Southold, NY 11971 To Contractor: CME Associates Engineering Land Surveying & Architecture, PLLC 32 Crabtree Lane, P.O. Box 849 Woodstock, CT 06281 12. 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. 13. APPLICABLE LAW. This Agreement is governed by the laws of the State of New York. 14. 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. IN WITNESS WHEREOF, the Town of Southold has caused its corporate seal to be affixed hereto and these presents 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 Southold (Seal of the Town of Southold) Attest: By: By: Gt,~tJ? S t A. Russell, Supervsor I Elizab t A. Neville, Town Clerk CME Associates Engineering, Land Surveying & Architecture, PLLC. By: Brad Cheney, President & r STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) -4- On thisn Fday of RU in the year 201 , before me, the subscriber, personally appeared Scott A. Russell who, being by me duly sworn, deposes and says: That he is the Supervisory of the Town of Southold (the "Town"), the municipal subdivision of the State of New York named in and which executed the above and within Instrument; that he knows the seal of said Town and that the seal affixed to said Instrument is the seal of the Town; that it was so affixed by the order of the Town Board of the Town, and that he signed his name thereto by like order; And on the same day before me personally came and appeared Elizabeth A. Neville, Clerk of the Town of Southold, who, being by me duly sworn, deposes and says: that she is the Clerk of the Town; that she knows the seal of said Town; that it was affixed to said Instrument is the seal of the Town; that said Scott A. Russell is the Supervisor of the Town and that the signature on said instrument is the signature of said Scott A. Russell, as Supervisor. LAUREN M. STANDISH 110" Pubib State of New York No.01ST8184008 lMirnMiba in Apr* 9, 2015 N ~Y lQ it ` ~(Q I~ jQ 1 Notary Public CONK 6c-,7 C u7- STATE OF AI.E..-*GP~n ) ) ss.: COUNTY OFw, u,)j4" ) On the .~v'"day of D LrC6n,9FlL in the year 20 13 before me, the undersigned, a notary public in and for said state, personally appeared p, 674-broru7 C- He'`•uFy , 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 instrument and acknowledged to me that he/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed the instrument. DEBORAH A. WENERT fiorA 2T rvxuC MV00WMS&ONE"MJLLY31,2M5 Notary Public -5-