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HomeMy WebLinkAboutL.K. McLean - Drainage Bid requirements DENIS NONCARROW Town Hall,53095 Main Road P.O. Box TOWN CLERK pF$0(/j �'�' �`p Southold,New York York 11971 Fax Via. !p (631)765-6145 Telephone(631) REGISTRAR OF VITAL 765-1800 STATISTICS MARRIAGE OFFICER www.southoldtownny.gov RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER oI��ONtIT'I•:' OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2026-76 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 13,2026: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Albert J. Krupski,Jr.to enter into a professional services contract with L.K. McLean Associates, P.C. for consultant services related to the preparation of a bid,package for a Drainage Requirements Bid at a cost not to exceed$9,375.00, as outlined in their proposal dated December 16, 2025, all in accordance with the Town Attorney. Denis Noncarrow Southold Town Clerk RESULT: Adopted MOVER: Justice Stevens SECONDER: Councilman Mealy AYES: Councilman Mealy, Justice Stevens, Councilwoman Doherty, Councilwoman Smith,Councilwoman Suess, Supervisor Krupski,Jr. NAYES: None Page 57 of 09 AGREEMENT THIS AGREEMENT, entered into this day of January, 2026, 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 L.K. McLean Associates D.P.C. (the "Consultant"), with an address of 437 South Country Road, Brookhaven,New York, 11719; WITNESSETH, that the Town and the Consultant, for the consideration hereinafter named, agree as follows: ARTICLE 1. WORK TO BE DONE AND CONSIDERATION THEREFOR The Consultant shall perform consultant services related to preparation of a bid package for a Drainage Requirements Bid, as outlined in the accepted proposal dated December 16, 2025, a copy of which is attached hereto as Appendix A and made a part hereof. The Consultant shall receive'a fee for said services as per the accepted proposal submitted by the applicant, dated December 16, 2025, in the amount not to excess $9,375.00. ARTICLE 2. TERM OF AGREEMENT The terms of this agreement shall run from the full execution of this Contract and the work shall be completed within two (2) weeks unless extended by mutual agreement of the parties. 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 all areas of the structure where work is performed and with all 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. ARTICLE 3. ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice that the services required by this Agreement have been fully performed and an inspection to certify that the work has been completed to the satisfaction of the Town,the Consultant shall submit an itemized voucher to the Town Comptroller for payment. Such voucher shall be due and payable within forty-five (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 voucher to be submitted by Consultant in connection therewith. The Town Board shall process any,voucher received from Contactor as expeditiously as possible. In the event that the Town disputes or objects to any portion of any voucher submitted by Consultant it shall notify Consultant in writing of such dispute or objection. Consultant acknowledges that Consultant is familiar with the requirements of section 118 of the New York State Town Law which, in effect, prohibit payment of any claim 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. The acceptance by the Consultant of the final payment shall be, and shall operate as a release of the Town from all claims and all liabilities to the Consultant 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 Agreement, except Consultant'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 Consultant or its sureties from any obligations under this Contract. - _ ARTICLE 4. CONSULTANT'S OBLIGATIONS (a) The Consultant shall be responsible for the full and correct performance of the Work required within the time specified herein and any errors therein shall be corrected at the Consultant's own cost and expense. In addition,the Consultant shall indemnify the Town for any costs or.expenses attributable to negligent errors in the performance of the work of the Consultant. (b) The Consultant is retained to utilize its expertise in the performance of the work as outlined in its accepted Proposal dated December 16,2025. (c) The Consultant shall be solely responsible for all labor and services provided for under this Contract. ARTICLE 5. 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 and professional liability(E&O)insurance. The amounts of such insurance are 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 $4,000,000 on account of any one occurrence. 2. Professional liability (E&O) insurance in an amount not less than $2,000,000.00 per occurrence or claim and $4,000,000 aggregate. The Consultant shall furnish the above insurances to the Town and shall also name the Town as an additional named insured and certificate holder in said policies with respect to liability arising out of services provided by Consultant. ARTICLE 6. DAMAGES It is hereby mutually covenanted and agreed that the relation of the Consultant 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, to the extent caused by the negligence of the Consultant, its agents or employees. The Consultant shall hold and keep the Town free and discharged of and from any and all responsibility andliability of any sort or kind to the extent caused by Consultant's negligence. ARTICLE 7. INDEMNITY AND SAVE HARMLESS AGREEMENT With respect to professional services, Consultant shall,to the fullest extent permitted by law, indemnify and hold harmless the Town, it officers, employees, and representatives against damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by Consultant's negligent performance of professional services, misconduct, and/or omissions under this Agreement and that of its subconsultants or anyone for whom Consultant is legally liable. Consultant's obligation to indemnify and hold harmless the Town, its officers, employees, and representatives does not include a duty to defend. With respect to liability other than that arising out of professional services, Consultant shall defend, indemnify and hold harmless the Town, its officers, employees, and representatives from and against any and all damages, liability,judgments, losses, and expenses, including but not limited to attorneys' fees, including damages arising from injuries or death or persons and damage to property which arise from or are connected with, or caused by the negligent performance of professional services, misconduct, and/or omissions under this Agreement and that of its subconsultants or anyone for whom Consultant is legally liable. Notwithstanding anything to the contrary contained herein or in any other document purporting to govern the relationship amongst the parties and to the fullest extent permitted by law, Consultant shall not have control over,charge of, or responsibility for construction means, methods, techniques, sequences, or procedures; fabrication; procurement; shipment; delivery; or installation; or for safety precautions and programs in connection with the construction work. Consultant shall not be responsible for any contractor(s)'s failure to perform the construction work in accordance with the requirements of the contract documents. ARTICLE S. NO ASSIGNMENT In accordance with the provisions of section 109 of the General Municipal Law, the Consultant is 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. AUTHORITY FOR EXECUTION This Agreement has been executed in accordance with a Resolution 2026-76, attached hereto and made a part hereof, adopted by the Town Board of the Town of Southold,at a meeting thereof held on January 13, 2026 and its execution on behalf of the Town is duly authorized. A copy of 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,Denis Noncarrow. The individual executing this Agreement on behalf of the Consultant hereby represents and warrants that he/she has the full right, power and authority to execute this contract and is authorized by the Consultant to do so. ' ARTICLE 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 Southold Town: Denis Noncarrow Southold Town Clerk 53095 Route 25 Southold,NY 11971 To Consultant: L.K. McLean Associates,D.P.C. 437 South Country Road Brookhaven,New York 11719 ARTICLE 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. ARTICLE 12.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 13.APPLICABLE LAW This Agreement is governed by the laws of the State of New York. In the event-of any controversy or claim arising out of or relating to this Application for Service contract, or the breach thereof,the parties specifically consent to the Supreme Court, State of New York,County of Suffolk as venue. IN WITNESS WHEREOF,the Town of Southold has caused these presents to be duly executed and the Consultant has caused these presents to be signed by its President,the day and year first above written. Town of Southold Albert J. Krupskli,Jr. Sup isor Town of Southold L.K. McLean so ' tes, D.P.C. By: STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) �rdda of January in the year 2026 before me, personally came Albert J Krupski, Jr., On the � Y n' Y to me known, who, being by me duly sworn, deposes and says that he is the Supervisor of the Town of Southold,the municipal corporation described herein and which executed the above instrument;that the action taken was duly authorized, and that he signed his name thereto by like authority. Signature and office of individual taking acknowledgment LgUREN M STANDISH NOTARY PUBLIC.STATE OF NEW YORK R Qualified in Su o kTCounty 1�1 STATE OF NEW YORK) o,20-0-J! ) ss.. COUNTY OF SUFFOLK) ? n e W day of January in the year 2026 before me,personally came o� � e to me known,who,being by me duly sworn, deposes and says that he/she/they is (are)the (president or other officer or director or attorney in fact duly appointed) of the/ x �eP" a [name of corporation],the corporation described herein and which executed the above instrument;that the action taken was duly authorized, and that he/s y signed his/her/their name(s)thereto by like authority. b � Si ature and office of ind' dual taki g acknowle nt CHRISTINE WIEGAND NOTARY PUBLIC,State of New York No.01 W I6210359,Suffolk county Commission Expires August 17 9 APPENDIX A l LIE&A L. K. McLean Associates, D.P.C. •: 437 South Country Road - Brookhaven • New York - 11719 (631)286-8668 - FAX(631)286-6314 ❖ 25 Newbridge Road • Suite 212 • Hicksville • New York • 11801 hitps://www.lkma.com Associates ROBERT A.STEELE,P.E.,PRESIDENT and CEO JAMES L DeKONING,P.E„VICE PRESIDENT STEVEN W.EISENBERG.P.E.,ASSOCIATE I CHRISTOPHER F.DWYER,VICE PRESIDENT KEVIN J.PETERMAN,P,E.,ASSOCIATE i KEITH J.MASSERIA,P.E.,VICE PRESIDENT j MATTHEW JEDLICKA,LEED AP,PRINCIPAL 1 TAMARA STILLMAN.P.L.S.,PRINCIPAL-DIRECTOR OF SURVEY CHRISTINE L.BELSON,MBA,SHRMSCP,PRINCIPAL-CONTROLLER December 16, 2025 Town of Southold Engineering Department 53095 Main Road Southold, NY 11971 Attn: Michael Collins P.E.,Town Engineer Re: Townwide Drainage Requirements Contract—Preparation of Bid Package LKMA Proposal for Engineering Services Dear Mr, Collins: Pursuant to your request (via email on 12/9/25) for engineering services associated with the preparation of a public bid package for a Townwide Drainage Requirements Contract. Your Department's detailed request (attachment in email) outlines specific items that the Town would like to see included along with specific instructions of how the contract would be bid (single contract), assembled and distributed by Town Clerk's office, specific products needed of LKMA along with demolition and removal scope in the contract. It is LKMA's understanding that the deliverables associated with the bid package includes; the preparation of updated technical specifications, plans (to be included as 8.5X11 details) including Divisions 1 & 2, an itemized proposal form, special provisions/conditions and obtain a prevailing wage rate schedule from the NYS Department of Labor for the proposed bid package. LKMA assumes that all boilerplate documents associated with the contract would be provided to us by the Town. We will be sure to reference any of the existing Town Standards so as to avoid any conflicts or discrepancies. LUMP SUM FEE AND PAYMENT Our lump sum fee estimate for the preparation of a municipal bid package to replace the various drainage systems is $9,375.00. This fee would be paid monthly by a percentage of _ completion as determined by your office. Townwide Drainage Requirements Contract-Bid Package Page 1 of 2 LKMA Professional Services Proposal I Established 1950 C LICIRA. L. K. McLean Associates, D.P.C. As always, we appreciate the opportunity to submit our proposal for your Department's consideration. Very truly yours, Christopher Dwyer Vice President Townwide Drainage Requirements Contract-Bid Package Page 2 of 2 LKMA Professional Services Proposal COVER SHEET FOR DOCUMENTS SENT TO: Sent By: TOWN ATTORNEY, PAUL M. DECHANCE DEPUTY T/A, JACK SQUICCIARINI ASSISTANT T/A, JULIE M. MCGIVNEY ASSISTANT T/A, BENJAMIN JOHNSON CONFIDENTIAL SECRETARY, AMY SCHLACHTER x Type of Agreement e m e n t • g ' I JAN 27203 Nature of Contract/Agreement ^:1 S AE� c