HomeMy WebLinkAboutStrawberry Field Water Lines - Mattituck Lions Club RESOLUTION 2018-230
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+ � ADOPTED DOC ID: 13901
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-230 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 27, 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 the
Mattituck Lions Club related to the installation of water lines at Strawberry Field, subject to the
approval of the Town Attorney and Suffolk County.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:Robert Ghosio, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans,Russell
AGREEMENT
THIS AGREEMENT, entered into this'26 day of April, 2018, by and between the Town of
Southold, New York ("the Town"), a municipal corporation organized and existing under the laws of
the State of New York with offices at 53095 Main Road, Southold, New York, and Mattituck Lions
Club (the"Lions"),with an address of 3350 Grand Ave., Mattituck,NY 11952;
WHEREAS, the Town, pursuant to an agreement with the County of Suffolk, operates and
maintains certain park property located at 1175 Route 48, Mattituck NY 11952 (hereinafter
"Strawberry Fields"); and
WHEREAS, the Lions have identified certain improvements which enhance the recreational
uses Strawberry Fields, which improvements for the County and Town at their sole cost and expense;
and
WHEREAS, the Town is amenable to entering into a public-private partnership agreement in
order to facilitate the project, subject to the approval of the Suffolk County Department of Public
Works ("Suffolk DPW") at no cost to the Town;
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein
contained, it is agreed between the parties hereto agree as follows:
ARTICLE 1. WORK TO BE DONE AND CONSIDERATION THEREFOR
The Lion's shall install and maintain, or cause to be installed and maintained, at its own cost
and expense, a water line at the Strawberry Fields Park, County Route 48, Mattituck, NY. All work
will be performed in accordance with the Contractor's Plans drafted by Young & Young, P.E. dated
August 10, 2017, a copy of which has been submitted to the Town and is attached hereto as Appendix
A and made a part hereof.
The Lion's will furnish all labor, materials, supplies, equipment and other similar items
necessary or proper for, or incidental to, the work contemplated by this Contract-and in strict
accordance with such changes as are ordered and approved pursuant to this Contract. No
work will be undertaken by the Lion's unless specifically consented to, in writing, by Suffolk
County.
ARTICLE 2. TIME OF COMPLETION
The services to be rendered under this Contract shall be completed by June 1, 2019.
ARTICLE 3. COSTS
There shall be no costs to the Town. Any and all costs and expenses associated with the project
shall be completely borne and are the sole obligation of the Lions.
ARTICLE 4: OBLIGATIONS AND DUTIES OF THE LIONS
(a) The Lions shall obtain and secure all permits, licenses and certifications necessary for use
and operation of the Improvements at Strawberry Fields pursuant to this Agreement and
for the maintenance, repair, improvement, or additional alterations which may be
approved, at the lions sole cost and expense. The Lions shall at all times comply with the
terms and conditions contained in any such permits, licenses, approvals and certifications.
(b) Unless expressly provided otherwise in this Agreement, the Lions shall perform or cause
to be performed all preliminary planning and design appropriate for the improvements
(the "preliminary plans"), which preliminary plans shall be subject to review and
approval by the Suffolk DPW and the Town(the"final plans").
1. Lions shall bear the risk of any incorrect or incomplete review, examination or
investigation by it of Strawberry Fields and surrounding locations and of any
incorrect information relating to the improvements, provided or obtained by the
Lions, the Town, Suffolk DPW, or any other person. The Town makes no
warranties or representations as to any surveys, data, reports o other information
concerning the conditions, including information related to utilities affecting
Strawberry Fields..
2. Upon approval of the preliminary plans by Suffolk DPW, such plans shall
constitute the approved activities that may be conducted on Strawberry Fields,
(hereinafter the "final plans").
(c) Prior to commencing work the Lions shall obtain final plans and any other approvals
and/or permits Suffolk DPW determines are necessary in order to progress the work. The
lions shall be solely responsible for obtaining such other approvals and/or permits at the
Lions sole cost and expense
(d) Upon receipt of the final plans and issuance of any necessary approvals and/or permits,
the Lions or its contractor or agent may enter and exit Strawberry Fields, with all the
necessary equipment and materials to progress the work in conformance with the final
plans; provided, however that the Lions or its contractor shall provide the Town with an
advance schedule o the dates and times when the work shall be performed.
(e) The Lions shall cause its contractor(s) to comply with the requirements of this Agreement
at all times.
(f) The Lions acknowledge that this agreement is for the use of Strawberry Fields in "as is"
condition and it is the sole obligation of the Lions to suit Strawberry Fields to its needs in
accordance with the final plans
(g) All alterations, modifications or improvements must be approved by the Town and
Suffolk DPW.
(h) All improvements, construction and repairs shall be constructed, installed, maintained
and operated in a good, safe, and workmanlike manner, and all work shall be performed
in accordance with good, sound, and acceptable construction procedures.
(i) The Lions shall commit no acts of waste and shall take good care of Strawberry Fields,
and shall comply at its own cost and expense, with applicable statutes, local laws,
ordinances, rules or regulations, now or hereafter in force,which may be applicable to the
project, including but not limited to section 220 (3) of the New York Labor Law, also
known as New York Prevailing Wage Law.
(j) Upon completion of the work, the Lions shall restore Strawberry Fields to its condition
immediately prior to the Work, as near as practicable and the Lions shall remove any
debris and materials generated pursuant to the Work.
ARTICLE 5. INSURANCE
The Lions 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. The Lions agree
to require its contractors and subcontractors in connection with the Work to deliver the requisite
insurance as specified herein.
(a) Compensation Insurance: Workers' Compensation Insurance in compliance with all
applicable New York State laws and regulations and Disability Benefits insurance, if
required by law.
(b) Commercial General Liability Insurance including contractual coverage, in an amount
not less than $2,000,000 per occurrence for bodily injury and not less than 2,000,000 for
property damage per occurrence.
Automobile Liability insurance(if any vehicles are used by the Lions in the performance of this
agreement including owned, non-owned and hired cars) in an amount not less than $500,000 per
person,per accident for bodily injury and not less than$100,000 for property damage per occurrence.
The Lions and any and all contractors and subcontractors used by the Lions 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.
ARTICLE 6. DAMAGES
It is hereby mutually covenanted and agreed that the relation of the Lions to the work to be
performed by it under this Agreement shall be that of an independent contractor. As an independent
contractor, 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 Lions, its agents, or
employees have been negligent. The Lions shall hold and keep the Town free and discharged of and
from any and all responsibility and liability of any sort or kind. The Lions shall assume all
responsibility for risks or casualties of every description, for loss or injury to persons or property
arising out of the nature of the work, from the action of the elements, or from any unforeseen or
unusual difficulty. The Lions shall make good any damages that may occur in consequence of the
work or any part of it. The Lions 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.
ARTICLE 7. INDEMNITY AND SAVE HARMLESS AGREEMENT
The Lions agree 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 Lion and from and against any damages, claims, or expenses,
including reasonable attorney's fees, arising out of Lion's breach of the Agreement or from the
Lion's acts or omissions outside the scope of the Agreement or arising out of claims or actions by
third parties against the Lions by virtue of his performance of this Agreement.
ARTICLE 8. NO ASSIGNMENT
In accordance with the provisions of section 109 of the General Municipal Law, the Lions are
hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this
Agreement, or of its right, title or interest in this Agreement, or its power to execute this Agreement,
to any other person or corporation without the previous consent in writing of the Town.
ARTICLE 9. REQUIRED PROVISIONS OF LAW
Each and every provision of law and clause required by law to be inserted in this Contract shall
be deemed to have been inserted herein. If any such provision is not inserted, through mistake or
otherwise, then upon the application of either party, this Contract shall be physically amended
forthwith to make such insertion. In particular,the Contractor shall, among other things, fully comply
with:
(a) Labor Law section 220-e and Executive Law sections 291-299 and the Civil Rights Law
relating to prohibition against discrimination and providing equal opportunity.
(b) Affirmative action as required by the Labor Law.
(c) Prevention of dust hazard required by Labor Law section 222-a.
(d) Preference in employment of persons required by Labor Law section 222.
(e) Eight-hour workday as required by Labor Law section 220(2).
AR'T'ICLE 10. AUTHORITY FOR EXECUTION ON BEHALF OF THE TOWN
The Supervisor has executed this Agreement pursuant to a Resolution adopted by the Town
Board of the Town of Southold, at a meeting thereof held on . Scott A. Russell,
Supervisor, whose signature appears hereafter, is duly authorized and empowered to execute this
instrument and enter into such an Agreement on behalf of the Town. This instrument shall be
executed in duplicate. At least one copy shall be permanently filed, after execution thereof, in the
office of the Town Clerk,Elizabeth Neville.
ARTICLE 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: Elizabeth A.Neville, RMC, CMC
Southold Town Clerk
P.O. Box 1179
Southold,NY 11971-0959
To Lions: Mattituck Lions Club
3350 Grand Ave.
Mattituck,NY 11952
ARTICLE 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.
ARTICLE 13. 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.
ARTICLE 14. APPLICABLE LAW
This Agreement is governed by the laws of the State of New York.
l
IN WITNESS WHEREOF, the Town of Southold has caused these presents to be signed by
Scott A. Russell, its Supervisor, duly authorized to do so, and the Contractor has caused these
presents to be signed by its President, the day and year first above written.
Mattituck Lions Club
By: <
Name/Title: AA
Town of Southold
By:
Scott A. ussell, Supervisor
STATE OF NEW YORK)
) ss..
COUNTY OF SUFFOLK)
On this L day of April in the yQar 2018 before me,the undersigned,personally appeared
r as / fes 1114" —of Mattituck Lions Club,personally known to me or
rY,
proved to me on the basis of satisfactory evidence to be the indiv' e name is subscribed to
the within instrument and acknowledged to me that he ex ed the same in h capacity and that by
his signature on the instiument,the individual or the rson upon whose behal of which the
individual acted, executed the instrument.
Notary Public
Anthony H.Palumbo
STATE OF NEW YORK) NbtarY Public,State of New York
) ss.: NO-02PA61140321 Suffolk C
ol
COUNTY OF SUFFOLK) Commission Expires Aug,g, p
k
On thiD 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 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
LAUREN M.STANDISH
Notary Public, State of New York
No.01 ST6164008
Qualified in Suffolk County
Commission Expires April 9,2019
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