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HomeMy WebLinkAboutLead Service Line Replacement Service Program `°``� • RESOLUTION 2018-653 �`0* a ADOPTED DOC ID: 14310 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-653 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 3, 2018: RESOLVED that the Town Board of the Town of Southold authorizes the Town Supervisor to execute an intermunicipal agreement with the Village of Greenport regarding the Village's participation in the Lead Service Line Replacement Service Program, subject to approval by the Town Attorney. 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 F QMGM A IN ' RECEIVED ©���y� flCT 2 5 2018 Office of the Town Attorney Southold Town Clerk Town of Southold 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: October 25, 2018 Subject: IMA Town of Southold and Village of Greenport Lead Service Line Replacement Program 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 NA Town of Southold and Village of Greenport Lead Service Line Replacement Program Intermunicipal Agreement This Agreement ("Agreement") is between the Town of Southold ("Town"), a municipal corporation of the State of New York, having an office at 53095 Route 25, Southold,New York 11971 and the Village of Greenport, a municipal corporation of the State of New York having an office at 236 Third Street, Greenport, New York 11944. Term of Agreement: Shall be from March 1, 2018 to February 29, 2020 Total Cost of Agreement: The Cost of Project Expenditure or$156,040.11, whichever is less. Whereas,the Town has procured funds from the State of New York Department of Health(the "Funds")to institute a Lead Service Line Replacement Program for the financing of lead service line replacements in areas within the geographic boundaries of the Town of Southold; and Whereas,the Village of Greenport boundaries fall within the geographic boundaries of the Town of Southold; and Whereas,the Village would like to utilize the Funds for the undertaking of the replacement of lead water service lines within the Village of Greenport; and Now, Therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto agree as follows: 1. The term of this Agreement shall be from March 1, 2018 to February 29, 2020. 2. The Town shall contract with the Village to replace lead-containing water service lines within the Boundaries of the Village. 3. Water service lines will be inspected to determine if the water service pipe, as it enters the premise, is constructed of galvanized or copper pipe. (These are likely to have a lead service connection at the main.)A mailing will be sent by the Village to the owner of record of each potentially affected property to schedule an inspection to check the service pipe material. Inspections and replacements will be made on a"first come, first served"basis. 4. Any and all labor undertaken in the locating and identifying of service line replacement And the purchase of service line replacement materials shall be done by the Village. The Village's in- house staff shall be utilized in the performance of these obligations including, but not limited to, laborers and the Crew Leader. 5. The Village's designated project Crew Leader will be responsible for overall management of the program (identification of services to be replaced,work.scheduling, contractor coordination, etc.) 1 SMA Town of Southold and Village of Greenport Lead Service Line Replacement Program within the Village boundaries and direct supervision of labor personnel. Two Village laborers will assist with excavation and perform service replacement work under the direct supervision of the Village designated project Crew Leader. Trenching will be performed by a contractor engaged directly by the Village, as will all asphalt pavement repair. 6. There are an estimated fifty-three (53) service lines expected to be replaced under this agreement. The Village shall be permitted to charge the Town the actual cost per water service line replacement for reimbursement of costs under the Lead Service Line Replacement program subject to requisite reporting. 7. The Village, and its sub-contractors, shall obtain and maintain all appropriate certifications as required and appropriate during all times that the Village is providing services under this Agreement. 8. The individuals that are provided by the Village to perform work under this agreement (except for contractors or subcontractors retained or provided by the Village) shall at all times be and remain employees of the Village, and shall be covered by all required and respective Village insurance and benefit plans, and shall have all salary, compensation, and other payments that may accrue or be due to them paid to them by the Village. The individuals shall at all times be considered as, and remain employees of the Village. 9. The Village shall be responsible for advancing all costs incurred in providing the services contemplated under this Agreement, including the salary, benefits and insurance, if applicable. The costs and expenses of the Village shall be billed by the Village to the Town on a quarterly basis and paid by the Town to the Village within forty five (45) days of receipt by the Town of the billing - statement. The Village shall submit a request for payment on a Town approved voucher form along with the Village's invoice which shall include all actual applicable costs. In addition, all requisite reporting for the Lead Service Line Replacement Program must be concurrently provided. The Town shall pay the Village upon the submission of a voucher submitted for services performed and reported on a bi-weekly basis. Such voucher shall be due and payable within forty five (45) days after receipt of such voucher. The amount claimed by the Village shall not be due and payable by the Town until the Town Board has received such a voucher and has audited and approved for payment the voucher submitted by Village. The Town Board shall process any and all vouchers received from Village as expeditiously as possible. In the event that the Town disputes or objects to any voucher, or portion of any voucher submitted by the Village pursuant to this paragraph, the Town shall, within thirty(30) days of the receipt of such voucher, notify the Village in writing of such dispute or objection. The Village acknowledges that the Village is familiar with the requirements of Section 118 of the Town Law which, in effect, prohibits payment of any of the Village's claims against the Town unless an itemized voucher has been presented to the Town Board or Town Comptroller and shall have been audited and allowed by the Town Board or Town Comptroller. 2 J u WA Town of Southold and Village of Greenport Lead Service Line Replacement Program The acceptance by the Village of payment shall be, and shall operate as a release to the Town from all claims and all liabilities to the Village for all the things done or furnished in connection with this work and for every act and neglect of the Town and others relating to or arising out of, this Contract, up to the date of the voucher, except the Village's claims for interest upon the final payment, if this payment be improperly delayed. No payment,however final or otherwise, shall operate to release the Village or its sureties from any obligations under this Contract. The Town shall be entitled to deduct from any payment owned to the Village any sums expended by the Town to cure any default or other non-compliance by the Village or to protect the Town from loss on account of claims filed, or reasonably anticipated to be filed. 10. Indemnification: The Village agrees to hold harmless and indemnify the Town and its employees, as well as New York State, for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the Village or its officers or employees while acting within their scope or capacity of their employment. 11. The Village of Greenport and any subsequent independent contractor hired by the Village agrees to carry appropriate insurance coverage from claims of bodily injury, death or property damage that may arise from the performance of services under this agreement; in limits of$1,000,000 and$2,000,000 aggregate liability for bodily injury and property damage. The Town shall be named as additional insured and a certificate of insurance shall be provided to the Office of the Town Clerk within 48 hours of execution of this Agreement. 12. The Village agrees to comply with the provisions of the New York State Labor Laws relating to the payment of prevailing wage rates to the extent applicable and required, or the applicable State Law in the State of disposal. In the event that at any time during performance under this Agreement the Village is required to increase the wages paid to any of its employees as a result of such requirement, all costs shall be borne by the Village. 13. Any independent contractor hired by the Village in furtherance of this project or subcontractors thereof shall comply with all federal, state and local laws, ordinances, and regulations applicable to all of the services to be performed by the Contractor. The Village must put forth its best efforts to ensure that Minority and Women Owned Businesses (MBE's and WBE's)have the opportunity to participate as subcontractors under this Agreement. Any Independent Contractor or subcontractor must comply with the provisions of the New York State Labor Laws relating to the payment of prevailing wage rates to the extent applicable, and/or any applicable State Law. In the event that at any time during performance under this Agreement the Contractor is required to increase the wages paid to any of its employees as a result of such requirement, all costs shall be borne exclusively by the Contractor. 3 L I'MA Town of Southold and Village of Greenport Lead Service Line Replacement Program 14. 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 and be applicable to both the Village and any subsequent Independent Contractor utilized in this project. 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 parties 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). (f) The parties hereto, in accordance with the provisions of Section 220(3) of the Labor Law, hereby agree that there shall be paid each employee engaged in work under this Contract not less than the wage rate and supplements set opposite the trade or occupation in which he/she is engaged, which are the wage rates and supplements established as the prevailing rate of wages for the work covered by this Contract. a. Labor classifications not appearing on the schedule of wages can be used only with the consent of the Owner and then the rate to be paid will be honored by the Owner after being advised by the Department of Labor. b. The Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements, as specified in the Contract, for the various classes of mechanics, workingmen/women, or laborers employed on the work. 15. It is expressly agreed that if any term or provision of this Agreement, or the application thereof to any person or circumstance, shall be held invalid or unenforceable to any extent,the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and every other term and provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. 16. It is expressly agreed that this Agreement represents the entire agreement of the parties, that all previous understandings are merged in this Agreement. No modification of this Agreement shall be valid unless written in the form of a written Amendment and executed by both parties. 4 IMA Town of Southold and Village of Greenport Lead Service Line Replacement Program In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. Town of Southold Village of Greenport By: / By: By: K� j>'�' Ho Scott Russell Hon,George W.Hubbard,Jr. Supervisor Mayor Date: 1 D 11 S`�I$ Date: IRE6 3,20 IT STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: On they day of or-4- , in the year zai S , before me,the undersigned, personally appeared o r r c. v,3. -L66A 1r. , personally known to me or proved to me on the basis of satisfactory evicTence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/'she the executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. JEANMARIE ODDON Notary Public,State of New York No.010D6251238 Qualified in Suffolk County Signat e an fice of person taking the Acknowledgement Commission Expires November 14,20-LI STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: f- On the IS day of dCfdwr, in the year JDW , before me,the undersigned, personally appeared 3 00W Q .1(,p u tj , 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 the executed the same in his/her/their capacity(ies), and that by his/her/their signatiire(s) on the instrument,the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Signature and office of person taking the Acknowledgement LAUREN M. STANDISH Notary Public,State of New York No.01 ST6164008 Qualified in Suffolk County 5 Commission Expires April 9, 2019