Loading...
HomeMy WebLinkAboutLK McLean Associates �© RESOLUTION 2018-265 '* ADOPTED DOC ID. 13933 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-265 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 14, 2018: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and L.K. McLean Associates, P.C., in amount not to exceed $11,200.00 for professional services regarding evaluation of Town Hall Annex, subject to the approval of the Town Attorney. 0��02?� Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell THIS AGREEMENT made and entered into this '10 day of April, 2018, 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 L.K. McLean Associates, P.C. (hereinafter referred to as "Consultant") with an address at 437 South Country Road, Brookhaven,New York 11719, 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 Professional Engineering Services regarding Phase 1 ESA and Engineering Evaluation of the building and real property located 54375 Route 25, Southold New York.. 2. SPECIFIC SERVICES. Within 45 days after the execution of this agreement, Consultant shall submit an engineering report including laboratory findings and recommendations for the abandonment of the sanitary system. The specific scope of work is described in the attached Proposal from Consultant dated March 9, 2018. TIME IS AND SHALL BE OF THE ESSENCE WITH RESPECT TO EACH OF THE TERMS AND CONDITIONS HEREOF. 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 45 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 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: -1- (a) For the services to be performed by Consultant pursuant to paragraph 2 hereof, the Town shall pay Consultant a lump sum of$11,200.00 at the conclusion of the project. 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 45 days commencing on the date 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 5 business days to cure said default; and if, at the end of said 5-day period, Consultant has not cured said default, the Town may then terminate this agreement on 5 business days' prior written notice to Consultant. Except as prohibited by law, the Town and Consultant hereby waive trial by jury in any litigation arising out of, or connected with, or relating to this Agreement. 6. SKILLS OF CONSULTANT; CONFLICTS OF INTEREST. Consultant represents that Consultant has the requisite skills and experience to perform the services hereunder. -2- 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. As an independent Consultant, it will be responsible for all damage, loss or injury to persons or property that may arise in or be incurred during the conduct and progress of said work, whether or not the Consultant, its agents, or employees have been negligent. The Consultant shall assume all blame, loss and responsibility of any nature by reason of neglect or violation of any federal, state, county or local laws, regulations or ordinances. 8. CONSULTANT'S INSURANCE The Consultant 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 Consultant 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 Consultant 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 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: 1. General liability insurance in an amount not less than $1,000,000 for injuries, including wrongful death to any one person and subject to the same limit for each person, in an amount not less than $2,000,000 on account of any one occurrence. 2. Property damage insurance in an amount not less than $300,000 for damage on account of all occurrences. 3. Professional Liability (Errors & Omissions) Policy in an amount not less than $2,000,000.00 per each claim and $4,000,000.00 aggregate The Consultant shall furnish the above insurances to the Town and shall also name the Town as an additional named insured in said policies. (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 and not later than three (3) days after the date of such accident. -3- 9. INDEMNITY AND SAVE HARMLESS AGREEMENT The Consultant agrees to indemnify and save the Town, its officers, agents and employees harmless from any liability imposed upon the Town, its officers, agents and/or employees arising from the negligence, active or passive, of the Contractor and from and against any damages, claims, or expenses, including reasonable attorney's fees, arising out of Contractor's breach of the Agreement or from Contractor's acts or omissions outside the scope of the Agreement or arising out of claims or actions by third parties against.Contractor by virtue of his performance of this Agreement. 10. 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. 11. 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. 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: Elizabeth A. Neville, RMC, CMC Town Clerk Town of Southold PO Box 1179 Southold,NY 11971-0959 With a copy to: William M. Duffy, Esq. Town Attorney for the Town of Southold 54375 Route 25 PO Box 1179 Southold,New York 11971-0959 To Consultant: Chris Dwyer L.K. McLean Associates, P.0 437 South Country Road Brookhaven,New York 11719 -4- 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. Consultant hereby submits to the jurisdiction of the Courts of the State of New York for all disputes relating to this Agreement and agrees that 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. 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 By: Scott A. Russell, Supervi or L.K. McLean Associates, P.0 By: - STATE OF NEW YORK ) ) ss.. COUNTY OF SUFFOLK) i. On the_D day of April in the year 2018 before me, the undersigned, 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 -5- 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. -M . 44ard&h Notary Public :r LAUREN M. STANDISH Notary Public, State of New York No 01ST6164008 Qualified in Suffolk County Commission Expires April 9,2019 STATE OF NEW YORK ) ) ss.. COUNTY OF SUFFOLK) ;edence the "day of April in the year 2018 before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory 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 on whose be�ia f which the individual acted, executed the instrument. l ��; �� Notary Pu 1' CHRISTINE WIEGAND NOTARY PUBLIC,State of New York No.01 W16210359,Suffolk County Commission Expires August 17,Z02( -6- L11AA L. K. McLean Associates P.C. 437 South Country Road • Brookhaven • New York • 11719 CONSULTING ENGINEERS (631)286-8668 • FAX(631)286-6314 Associates EUGENE F.DALY,P.E.,P T.O.E Tm, PRESIDENT and C.E.O. CHRISTOPHER F DWYER RAYMOND G.DiBIASE,P.E.,P T.O.E TM,EXECUTIVE VICE PRESIDENT ROBERT A.STEELE,P.E. JOSEPH F CLINE,P.E.,VICE PRESIDENT JAMES L.DeKONING,P.E. ROY R.FULKERSON,P.L.S.,VICE PRESIDENT STEVEN W EISENBERG,P.E. ALBERT T.DAWSON,P.E.,VICE PRESIDENT ANDREW B.SPEISER March 9,2018 Town of Southold Engineering Department 53095 Route 25 P.O. Box 1179 Southold, N.Y. 11971 ATT: Jamie Richter R.A. l Re: "Evaluation of the Former Capital One Bank Buildings&Site" Lump Sum Cost Proposal for Professional Surveying&Mapping Services Dear Mr. Richter: In accordance with your request, L.K. McLean Associates, P.C. (LKMA) is pleased to submit the following proposal for professional architectural &engineering services in conjunction with the above-mentioned buildings and site in Southold. OVERVIEW It is our understanding that the Town of Southold Engineering Department is requesting architectural and engineering services relative to the evaluation of the former Capital One Bank section of the building situated at 54375 Route 25 in Southold. The Town is interested in purchasing the two-story masonry building which they currently lease (Annex) and to use it for municipal purposes (public assembly included). The evaluation would consist of a Phase I environmental site assessment (record search), examining architectural elements, mechanical, electrical, heating ventilation and air conditioning and site elements. In addition to the property and main former bank building, the automated bank teller building is part of the purchase. SCOPE OF SERVICES Based upon our understanding to the Town's request for proposals, the following services are to be included in the proposal to the Town: I. Phase I Environmental Site Assessment Prepare a Phase I ESA consisting of a site visit, historical research of property, regulatory investigation, geology & hydrogeology of site and an evaluation of documents associated with the property. Evaluation of Former Capital One Bank Building in Sou*oFounded in 1950 Page 1 of 4 LIURAL. K. McLean Associates PC II. Architectural Elements • Inspect the building's interior architectural elements including but not limited to the following; floors, walls (load bearing and non-load bearing), ceilings (including suspension), interior doors (including hardware), insulation (based upon access), windows, accessways/hallways, handrails, ADA accessibility, surface finishing, moisture intrusion, built-in furnishings (including bank vault), stairways, storage areas, wall articulation, finished carpentry, wall openings and any freestanding partitions. • The above referenced interior building elements would be evaluated by visual inspection and would not include any destructive (below surface or in-wall) examination. All elements would be photographed and defined by our observations. • Critical dimensions will be identified for ADA compliance as well as local and State Fire Codes. • Inspect the basement area. Ila. Exterior Building Elements • Evaluate the main building's elevator. • Inspect the building's exterior architectural elements including but not limited to the following; roof system, exterior masonry/finishes, doorways (including hardware), wall penetrations, roof penetrations, windows, soffits, leaders, overhangs, waterproofing, exterior cladding and articulation and any other exterior building feature. • To the extent possible, examine the building for structural integrity, masonry, foundation, any cracks in slabs or floors/walls. • The above referenced exterior building elements would be evaluated by visual inspection and would not include any destructive (below surface or in-wall) examination. All elements would be photographed and defined by our observations. III. Mechanical Systems • Examine the building's plumbing system (water,gas,oil). • Evaluate waste water system—sanitary systems. • Inspect freshwater supply—domestic or potable water service. Back flow prevention device. • Exterior water supply to each building. • Hydrants. • Fire protection systems (if applicable). IV. Heating. Ventilation &Air Conditioning Evaluation of Former Capital One Bank Building in Southold Page 2 of 4 LIURA L. K. McLean Associates P.C. • Examine the building's heating and cooling systems as well as the components that support the systems,condensers, heating oil tank,air handlers,condensate lines,etc. • Evaluate proper ventilation, air and makeup air supply to and from building. • Inspect any roof mounted HVAC units, penetrations(curbs), ductwork, hoods and vents. • Examine any interior air ductwork. • Survey all low voltage temperature controls(thermostats,etc.). • Evaluate all plumbing fixtures in building, waste lines and drains. V. Building Electrical Components • Evaluate electric service to the buildings(transformers, risers, buried electrical manholes) • Examine all high voltage electric distribution — main distribution panels, branch circuits, metering, subpanels,transfer switches in the building and to building systems. • Inspect all wall switches, electrical receptacles, sensors and other mounted electrical controls. • Evaluate all interior and exterior lighting fixtures (mounted and suspended) throughout the building. • Examine fire detection and alarm system. • Building security system (if applicable). VI. Site • Evaluate various site features including but not limited to the following; drainage systems, site grading, landscaping, site accessibility, parking, loading areas, walkways, ramps (ADA compliance), platforms/landings, irrigation (if applicable), exterior lighting (code compliant illumination), fire-fighting apparatus access, trash receptacles/dumpster and all pavement surfaces. FEE AND PAYMENT Our fee estimate for the above services is broken down by task as follows: TASK I. PHASE I ENVIRONMENTAL SITE ASSESSMENT $1,500.00 TASK II. ARCHITECTURAL EVALUATION & REPORT $2,500.00 TASK IIA. EXTERIOR-BUILDING ANALYSIS& REPORT $1,800.00 TASK III. MECHANICAL/PLUMBING INSPECTION& REPORT $1,200.00 TASK IV. HVAC EVALUATION & REPORT $1,200.00 TASK V. ELECTRICAL SURVEY& REPORT $1,500.00 Evaluation of Former Capital One Bank Building in Southold Page 3 of 4 LIK&A L. K. McLean Associate's,' P.C. TASK VI. SITE EVALUATION & REPORT $1,500.00 ARCH.& ENGINEERING SERVICES FOR BUILDING REPORT: The above referenced lump sum costs include all time, materials and transportation costs associated with the assignment. It is proposed that any additional authorized work be negotiated with the Town if and when necessary. No additional work will be performed without prior authorization. ' L.K. McLean Associates looks forward to working with you on this assignment. Thank you for the opportunity to provide this proposal for professional services, should you have any questions or comments regarding this proposal, please do not hesitate in contacting this office. Very truly yours, CFD:cfd Christopher F. Dwyer,Associate CC: LKMA File Copy Anne White, LKMA Comptroller Evaluation of Former Capital One Bank Building in Southold Page 4 of 4 SUFFOC,��o � W z y T RECEIVED Office of the Town Attorney APR 1 6 2018 Town of Southold Southold Town Clerk Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Mary Silleck Secretary to the Town Attorney Date: April 13, 2018 Subject: Agreement between Town of Southold and L.K.McLean Associates — Capital One Bank Building With respect to the above-referenced matter, I am enclosing the original Agreement together with the Resolution. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /ms Enclosures cc: Accounting