HomeMy WebLinkAboutNorth Fork Trail Scenic Byway CR 48 Project State of New York
Department of Transportation `
State Office Building
250 Veterans Memorial Highway
Hauppauge, NY 11788-5518
Joan McDonald Andrew M.Cuomo
Commissioner Governor
RECEDWE
August 18, 2015 AUG 21 2015 '/'
SUPERVISOR'S OFFICE
Scott A. Russell TOWN OF SOUTHOLD
Town of Southold/Supervisor
Town Hall
53095 Route 25
P.O. BOX 1179
NY 11971
Re: Approved No Cost Time Extension for PIN#0758.90
Improvement of North Fork Trail along CR 48 Signage& Facilities
Dear Mr. Russell,
Enclosed please find a signed copy of the No Cost Time Extension for the above subject project.
If you have any questions, please feel free to contact me at(631) 952-6026.
Thank you in advance for your cooperation.
Very truly yours,
-Tahmena Afrooz
Planning & Program Unit
N.Y.S. Dept. of Transportation
Attachment
Cc: file/Region 10
s
e 1
NO-COST TIME EXTENSION OF LOCAL/MISCELLANEOUS CONTRACT
NOTE: If there is a current Federal-Aid(FA)Authorization period from:MM/DD/YYYY to MM/DD/YYYY in
the FA project description,a modified FA Authorization must be requested/submitted immediately.
DATE: 06/22/2015 CONTRACT#: D030245 PIN 0758.90
PROJECT: Improvement of North Fork Trail along CR 48 Signage& Facilities
In the County of Suffolk
Municipality/Sponsor: Town of Southold
Office Address: PO BOX 1179, Southold, NY 11971
Original Contract Period From: 12/20/2006 To: 06/30/2008
Current Completion Date: 10/31/2014
Requested Extended Contract Completion Date: 12/31/2016
If applicable, Current Federal-Aid Authorization.Period From: MM/DD/YYYY to MM/DD/YYYY
Reason (s)for extension:
Attach additional sheet if necessary The 4 kiosks and the 3 interpretive signs have been
manufactored and delivered and need to be installed. There have been delays with the
installation due to strong inclement weather this past winter and the need to reposition
3 of the kiosks due to strong; community reaction. Thisno--cost extension is required to
fully complete the project. jQ p r �„ ,
Agreed to by e/ 0 Date 'l?(fj`I
unicipality/Sponsor DEPT. OF AUDIT& CJIJTt;�L
STATE OF NEW YORK )
)ss.: AUG O 4 2015
COUNTY OF &- kt )
FOR THE S ATE CC1i li'fKOLL{R
On ,this (O day of �� , 203S' befor-- eersenally--cam
C tome known who,being by me duly sworn did depose and say that
e she resides at LQ P i _�t (9she i� ; that she is the
,
li.. of the Municipal/Sonsor Cor.oration described in and which executed the
above instrument;(except New York City)that it was executed by order of the atifoirt, t( of
said Municipal/Sponsor Corporation; and that he signed his name thereto by like order. _ if"
-� Nota Public
Recommended by //�� Date J67 /J6— ( ot9�E�6'�1.�`Pc�R9®i�fFfl
NYSDOT Project Manager UL 8
2015
Upvbiic Stets o9lDge yortl
Approved by "�� l�' Date No.01ST61•?006
//// mer Qualifed ii Suffolk Coca
NYSDOT C ntract Management :ur au Corr mission,= ,.3 ,3,a oi3 eo 2611
NO-COST TIME EXTENSION OF LOCAL/MISCELLANEOUS CONTRACT
NOTE: If there is a current Federal-Aid(FA)Authorization period from:MM/DD/YYYY to MM/DD/YYYY in
the FA project description,a modified FA Authorization must be requested/submitted immediately.
DATE: 06/22/2015 CONTRACT#: D030245 PIN 0758.90
PROJECT: Improvement of North Fork Trail along CR 48 Signage& Facilities
In the County of Suffolk
Municipality/Sponsor: Town of Southold
Office Address: PO BOX 1179, Southold, NY 11971
Original Contract Period From: 12/20/2006 To: 06/30/2008
Current Completion Date: 10/31/2014
Requested Extended Contract Completion Date: 12/31/2016
If applicable, Current Federal-Aid Authorization Period From: MM/DD/YYYY to MM/DD/YYYY
Reason (s)for extension:
Attach additional sheet if necessary The 4 kiosks and the 3 interpretive signs have been
manufactored and delivered and need to be installed. There have been delays with the
installation due to strong inclement weather this past winter and the need to reposition
3 of the kiosks due to strong cy' munity reaction. Thisno-cost e-xtension_is-_r_equir._ed to
fully complete the project. A P P r F:' '„)
Agreed to by , ,•° ' Date 11 Pot 6 DEPT. OF An. iv 1 riOL
Mu• cipality/Sponsor
STATE OF NEW YORK ) Abo 0 LI 2u- i5
)ss.:
COUNTY OF - OUc )
11-„ FOR THE STi,1[ L'.t,',,? -,'.',_!ER
On this l: day of �44.,1 , 201; before me personally came
I 111M ,.- I to me known who,being by me duly sworn did depose and say that
he/.he resides at !( 1W•L 1_ t t'h • s i j +1 N t 1 fl that Fsi /she is the
<5J,O cilW o the Municipal/Sponsor Corporation described in and which executed the
above instrument;(except New York City)that it was executed by order of the oupor 4w of
said Municipal/Sponsor Corporation; and that he signed his name thereto by like order.
tI4
Not'"'arry Piublic
Recommended by g--,------ ---Z--.4' Date 1J`-✓�/Jct
NYSDOOj Project Manage LAUREN M. STAND@SH
Approved by i ///yam
le. // Date JUL 2 8 201 giotary Public,State o Naar titgt
�� No.O1 ST61 c•O6
NYSDOT Contract Manage -nt B reau ®Edified in Suffolk CouniV
Commission[E,,J irs j,,,h10 9,2®99
004. RESOLUTION 2014-624
* ' ADOPTED DOC ID: 9976
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-624 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 15,2014:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell execute an Agreement between the RBA Group and the Town of
Southold in an amount Not To Exceed $14,000.00, for Construction Inspection Services in
connection with federally funded improvements, namely, interpretive signs and kiosks,to the
North Fork Trail Scenic Byway CR 48 Project, all in accordance with the approval of the Town
Attorney. ese4622?..d4,.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Ruland, Councilman
SECONDER:Jill Doherty, Councilwoman
AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
ORIGINAL
AGREEMENT
THIS AGREEMENT made and entered into this a' day of July,2014, 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, P.O. Box 1179, Southold,New York 11971-0959),party of the first
part,and The RBA Group(hereinafter referred to as"Consultant")with an address at 40 Marcus
Drive, Suite 201, Melville,New York 11747, 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 construction administration and inspection for PIN 0758.90,North
Fork Trail Scenic Byway Interpretative Signage and Facilities.
2. SPECIFIC SERVICES.
Within 90 days after the execution of this agreement, Consultant shall perform all
required construction inspections and administration services in accordance with
FHWA/NYSDOT construction management procedures. The specific scope of work is
described in the attached Proposal dated July 10, 2014.
3. COOPERATION BY THE TOWN.
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,
-1-
the Town shall pay Consultant an amount not to exceed the sum of $14,000.00 dollars.
Payments shall be incrementally at the completion of each task from this Scope of Work.
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.
5. TERM OF AGREEMENT; TERMINATION.
This agreement shall be for a period of three (3)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.
All claims,disputes and other matters in question arising out of, or relating to,the
provisions of paragraph 6 of this agreement shall be decided by arbitration in Suffolk County,
New York, in accordance with the rules then prevailing of the American Arbitration Association.
The award rendered by the arbitrators shall be final and binding, and judgment may be entered
upon it and enforced in any court of competent jurisdiction.
-2-
6. SKILLS 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, Consultant is an independent consultant and shall not be deemed to be an employee or
agent of the Town for any purpose whatsoever.
8. 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.
9. 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.
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 Town: Elizabeth A.Neville, RMC, CMC
Southold Town Clerk
P.O. Box 1179
Southold,NY 11971-0959
With a copy to: Michael Collins, Engineer
Town of Southold
P.O. Box 1179
Southold,NY 11971-0959
To Contractor: Stephen Normandin, P.E.
The RBA Group
40 Marcus Drive, Suite 201
Melville,NY 11747
With a copy to: Jack Figueiredo, F.E.
The RBA Group
40 Marcus Drive, Suite 201
Melville,NY 11747
-3-
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.
12. APPLICABLE LAW.
This Agreement is governed by the laws of the State of New York.
13. 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 parties have caused these presents to be duly executed the
day and year first above written.
The RBA Group
By:
Dav' Lapping, TP, Senior Vice President
Town of Southold
By:
Scott A ssell, Supervisor
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
04
On the 2' day of 3 v'1 in the year 2014, before me personally appeared DAVID
LAPPING,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 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.
Notary Public
ELIZABETH M.BAN CH
Notary Public,state of New York
No.01BA4952496
Qualified in Nassau County
Commission Expires June 19,20!
-4-
STATE OF NEW YORK)
) ss..
COUNTY OF SUFFOLK)
it
On they 8 day of .�fLl&i in the year 2014,before me personally appeared SCOTT A.
RUSSELL,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 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.
CY( AA.t n Aberrligii
Notary Public
LAUREN M.STANDISH
Notary Public.State of New York
No.01ST6184008
Qualified in Suffolk
Commission Expires April 9. 1S
-5-
RBAThe RBA Group— New York
July 10,2014
Mr.Jamie Richter,R.A.,Town Engineer
Town of Southold Engineering Department
53095 Main Rd.
P.O. Box 1179
Southold,NY 11971
Attn:Mr. Michael Collins
RE: Fee Proposal:Construction Administration and Inspection for:
PIN 0758.90-North Fork Trail Scenic Byway:Interpretive Signage And Facilities
Dear Mr.Collins:
As discussed during our telephone conversation on 7/7/14,The RBA Group (RBA) is pleased to submit
for your review our proposal to provide construction inspection and administration services for the
above referenced project.
PROJECT UNDERSTANDING
The proposed project is located along the New York State designated North Fork Trial Scenic Byway.
Four(4) sites have been selected as locations to be represented with an interpretive sign: Laurel Lake
Preserve,Laurel;Arshamomaque Pond Preserve,Southold; Dam Pond Reserve, East Marion. Kiosks are
proposed at the following four (4) sites: Mattituck, Cutchogue, Southold, and Greenport. As per the
supplemental agreement for this project,RBA has been hired to prepare contract documents(proposal
book and estimate) and related documents as required by the Procedures for Locally Administered
Federal Aid Projects(LAFAP). In accordance with the LAFAP manual and NYSDOT procedures,full-time
construction oversight and administration is required.
As such,we have prepared the following scope of services and associated fee for your approval:
CONSTRUCTION INSPECTION AND ADMINISTRATION SERVICES
FHWA/NYSDOT CONSTRUCTION MANAGEMENT PROCEDURES
RBA is thoroughly familiar with FHWA/NYSDOT procedures for construction administration for
local municipal projects, and as such, we offer the following detailed technical approach to all of
the items required by a NYSDOT-approved Construction Management Plan prepared by the RBA
and the Sponsor. RBA assumes a 90-day contract duration of which a full time inspector would
be required for 15 working days.A full-time,NICET Level II Construction Inspector or equivalent,
will be present during all field construction activities when the Contractor is working.
40 Marcus Drive,Suite 201,Melville,NY 11747 I 631.891.3200 I fax:631.694.3864 I www.rbagroup.com
Melville,NY • New York,NY • Norwalk,CT • Philadelphia,PA • Parsippany,NJ • Trenton, NJ • Silver Spring,MD
The RBA Group,NY
Page 2-July 10,2014
a.Subcontractor Approval Process
The Contractor will submit a list of anticipated subcontractors to be used on the project after the
pre-construction meeting. RBA will check to insure that the subcontractor is not on the any
Debarred Contractor List.All subcontractors must be approved by the Town.
b.Change Order Approval Process
Change Orders will be processed using standard Town Order on Contract forms, if any. RBA shall
recommend approval to the Town Project Manager who will have final approval of all Change
Orders. After Sponsor review and before final approval, a copy of all Change Orders will be sent
to the NYSDOT's Regional Local Projects Liaison(RLPL).
c.Procedures to Ensure Worker Safety
Prime contractor must submit to RBA and the Town, a Health & Safety Plan for review and
approval. RBA will review and the Town must approve the Health and Safety Plan. A copy of the
Health&Safety Plan shall be submitted to the NYSDOT for review as well.
d.Record Keeping and Record Retention Procedures
The project will be administered and monitored using the NYSDOT Manual of Uniform Record
Keeping (MURK). RBA will complete daily logs and any special daily reports included in the
NYSDOT Construction Inspection Manual (CIM), including structural concrete and asphalt paving
reports. The Engineer's Daily Project Diary and the Inspector's Daily Report will be part of the
project records.
e.Inspection Plan
RBA shall be responsible for ensuring conformance with the contract plans and specifications. We
will develop and document estimates of completed work and prepare contractor payment
requisitions. RBA shall monitor daily construction activities of the contractor for conformance
with the contract plans and specifications;take measurements of all unit price items and compute
areas and volumes of completed work; and monitor the execution of the project's maintenance
and protection of traffic plan to assure the contractor adheres to the contract requirements.
f.Quality Control/Quality Assurance Plan
Quality Assurance and Quality Control shall be maintained through the implementation of the
NYSDOT Material Inspection Manual,and the oversight of RBA's on-site Construction Inspector.
g.Material Testing Procedures
The Town is responsible for material testing and acceptance, and therefore,these duties cannot
be assigned or delegated to the contractor. Field Inspectors shall be ACI certified in order to
perform concrete testing(slump and air content tests). RBA shall supply an ACI inspector to be on
site during the days of concrete placement.
h.Engineering and Construction Support Services
RBA shall provide design responses to unanticipated or changed field conditions, analyze and
participate in proposed design changes, and interpret design plans. RBA shall conduct on-site
field reconnaissance, and where required, prepare Field Change Sheets modifying pertinent
contract plan sheet. RBA shall analyze and make recommendations on the implementation of
The RBA Group,NY
Page 3-July 10,2014
changes proposed by the Sponsor or the construction contractor. RBA shall interpret and clarify
design concepts, plans and specifications. RBA shall review and approve shop drawings, cut
sheets and material certifications.
I.Construction Project Closeout
RBA shall perform a field walk through final inspection with NYSDOT, prepare a final punch list
and prepare the necessary construction contract closeout documents in accordance with Chapter
15 section 15.6 Construction Closeout of the LAFAP Manual.
FEE SCHEDULE
The RBA Group's proposed fee schedule for the scope described above is as follows:
Task Title Hours Rate Cost
Construction Administration
Senior Project Engineer 20 $120.00 $2,400.00
Project Engineer 40 $90.00 $3,600.00
Construction Inspection
NICET II Inspector 96 $68.00 $6,528.00
ACI Technician 24 $80.00 $1,920.00
Sub-Total $14,448.00
RBA Group's proposed Not-To-Exceed Fee is$14,000.00
Thank you for the opportunity to present our cost proposal. We look forward to working with the
Town Engineering Department to continue with the completion of this important project.
Sincerely,
{
Steve Normandin
Director,Design and Planning