HomeMy WebLinkAboutFishers Island Pump Station emergency repairs DENIS NONCARROW Town Hall,53095 Main Road P.O.
$Q Box 1179
TOWN CLERK �OF (!r
Southold,New York 11971 Fax
REGISTRAR OF VITAL (631)765-6145 Telephone C631)
765-1800
STATISTICS MARRIAGE OFFICER
RECORDS MANAGEMENT G � wwwsoutholdtholdtownny.gov
OFFICER FREEDOM OF
INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
I TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2026-478 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 20,2026:
WHEREAS the Fishers Island Pump Station was last upgraded in 2008 and the pumps have
deteriorated to a critical condition,with impellers worn down by excessive stormwater inflow
and foreign object intrusion, such that the pumps can no longer properly handle sewer flow;and
WHEREAS the pump station is in imminent danger of catastrophic failure;and
WHEREAS there is no backup pump station on Fishers Island, and no emergency services
capable of responding in a timely manner to a pump station failure, such that failure of the
existing pumps will result in the immediate and complete failure of the entire Fishers Island
sewer system,posing a serious and immediate threat to public health, safety,property, and the
environment;and
WHEREAS the geographic isolation of Fishers Island compounds the emergency, as
replacement equipment,parts,and personnel must be transported by ferry,materially limiting the
Town's ability to mitigate a system failure once it occurs;and
WHEREAS the foregoing constitutes a public emergency arising out of an unforeseen
occurrence requiring immediate action to safeguard life, health,and property,and the Town is .
therefore exempt from competitive bidding and procurement policy requirements pursuant to
General Municipal Law § 103(4); now,therefore,be it
RESOLVED that the Town Board of the Town of Southold hereby declares a public emergency
at the Fishers Island Pump Station and authorizes emergency work to replace the pumps and
associated equipment necessary to restore safe and reliable operation of the station, all subject to
the approval of the Town Attorney.
Page 89 of Be
Denis Noncarrow
Southold Town Clerk
RESULT: Adopted
MOVER: Councilwoman Suess
SECONDER: Councilman Mealy
AYES: Councilman Mealy,Justice Stevens, Councilwoman Doherty,
Councilwoman Smith,Councilwoman Suess, Supervisor Krupski, Jr.
NAYES: None
Page 99 of 99
AGREEMENT
THIS AGREEMENT, entered into this 1! day of. 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 Control Systems of Connecticut, Inc., (the "Consultant's or ("Control Systems"),
with an address of 12 King Road,Wallingford, CT 06492;
WITNESSETH,that the Town and the Consultant,(the"parties"),for the consideration
hereinafter named, agree as follows:
ARTICLE 1. WORK TO BE DONE AND CONSIDERATION THEREFOR
The Consultant shall perform the professional services for the replacement of the pumps
and associated equipment necessary to restore safe and reliable operation of the Fishers Island
Pump Station as more frilly described in the proposal attached as Exhibit A.
The Consultant shall receive a fee for said services as per the accepted proposal
submitted by the applicant, dated May 1, 2026, not to exceed the amount of$48,883.00.
ARTICLE 2. TERM OF AGREEMENT
The term of this agreement shall run from the full execution of this Contract and the work
shall be completed within 6 months 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 Consultant 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,prohibits 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 to 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 claim 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 Agreement.
ARTICLE 4. CONSULATANT'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 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 May 1, 2026, annexed as Exhibit A and
incorporated herein.
C. The Consultant shall be solely responsible for all labor and services provided for
under
this Agreement.
ARTICLE 5. CONSULTANT'S INSURANCE
The Consultant shall not commence work under this Agreement 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 general liability and professional liability(E&O)insurance. The amounts of such
insurance shall be as follows: 'Wp
1.General liability insurance in an amount not less than ,$90;QA&for injuries,including
wrongful death to any one person and subject to the same limit for each person, in an
0017
amount not less than on account of any one occurrence.
2. -0 Si ' '�ility (E&0) instlfaff- mm PA]Ogg hap $2,nnn,nnn
nwr nrnnrro»nP nr claim a»rl Q'd nnn nnn artm-PtratP
0 0 '
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 and
liability of any sort or kind to the extent caused by Consultant's negligence.
ARTICLE 7. INDEMNITY AND SAVE ETARIE,ESS AGREEMENT
With respect to professional services, Control Systems shall,to the fullest extent permitted by
law, indemnify and hold harmless the Town,its officers,employees, and representatives
against damages, liabilities or costs,including reasonable attorneys' fees and defense costs,to
the extent caused by Control System's negligent performance of professional services,
misconduct, and/or omissions under this Agreement and that of its subconsultants or anyone
for whom Control Systems is legally liable. Control System'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, Control Systems
shall defend, indemnify and hold harmless the Town,its o icers, 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 of 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 Control System is legally liable.
ARTICLE 8. NO ASSIGNMENT
In accordance with the provisions of section 109 of the General Municipal Law,the Contractor
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
Agrccmcnt, to any othcr person or corporation without the previous consent in writing of the
Town.
ARTICLE 9.PREVAILING WAGE RATES REQUIRED BY LAW
A. The parties hereto,in accordance with the provisions of section 220(3)of the Labor Law,
if applicable,hereby agree that each employee engaged in work under this contract shall
be paid not less than the wage rate established as the prevailing rate of wages for the work
covered by the agreement.
B. Labor classifications not appearing on the schedule of wages can be used only with the
consent of the parties and then the rate to be paid will be given by the parties after being
advised by the Department of Labor.
C. 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 Agreement, for
the various classes of mechanics, workingmen/women,or laborers employed.
ARTICLE 10. AUTHORITY FOR EXECUTION
This Agreement has been executed in accordance with a Resolution 2026478, attached hereto
and made a part hereof, adopted by the Town Board of the Town of Southold, at a meeting
thereof held on May 20,2026 and its execution on behalf of the Town is duly authorized. A
copy of this instrument shall be executed in triplicate.At least one copy shall be permanently
filed, after execution thereof, in the office of the Town Clerk, c/o 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 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 Southold Town: Denis Noncarrow
Southold Town Clerk
53095 Route 25
Southold,NY 11971
With Copy to: Michael Collins,Town Engineer
P.O. Box 1179
Southold,NY 11971-0959
To Consultant: Control Systems of Connecticut, Inc.
12 King Road
Wallingford,CT 06492
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_ In the event of any
controversy or claim arising out of or relating to this contract, or the breach thereof,the parties
specifically consent to the Supreme Court, State of New York, County of Suffolk as the proper
forum for adjudication.
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
By:
Albert J. ski,Jr. Supervisor
Town of Southold
Control Systems of Connecticut, Inc.
By
STATE OF NEW YORK)
) ss..
COUNTY OF SUFFOLK)
On the j day of�v�(L( in the year 2026 before me,personally came Albert J
ski Jr. to me known, o,being by me duly sworn,deposes and says that he is the
Krup , ,
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.
� LAUREN M.STANDISH
lv" NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01 ST6164008
Qualified in Suffolk County
j
Signatur and office of individual taking acknowledgment Commission Expires April s,20.*
STATE OF NEW YORK)
) SS.:
COUNTY OF SUFFOLK)
On the day of in ear 202 ,personally
came to me known,who,being by me duly sworn, deposes and
says that he/she/they is(ar a(president or other officer or director or attorney in fact duly
appointed) of Control stems of Connecticut,Inc., the corporation described herein and
which executed above instrument;that the action taken was duly authorized, and that
he/she/they ed his/her/their name(s)thereto by like authority.
ature and office of individual taking acknowledgment
EXHIBIT A
Control Systems of Connecticut, Inc.
12 King Rd.
Wallingford,CT. 06492
phone: 1-203-641-3870,Fax: 1-203-678-4648
Email:Controlvstemsofctinc(ryahoo.com
Quote :
Date: 5-1-2026
To: Town of Southold
Ref: Fishers Island Ferry—Sewer Pumping Station
Sewer pumping Station Rehab Work—with in the Wetwell
Removal of the existing Pumps,Base Elbows,vertical DIP piping,DIP 90 and SS guide
Rails.
Provide and install:
2—ABS PUMP 4"Non-Clog Pump,ABS XFP 1 OOCB 1.4,4.7 HP,240V/3160 power,4
inch discharge,49' cord
New Base elbows
New SS Hardware as needed
New SS crossover with wall anchors
New SS vertical guide rails
New SS upper brackets
New DIP vertical piping and 90 elbow
Install ABS seal fail modules
1 —Vac Track—1 day
Removal and disposal of removed materials,on island or off where available.
TOTAL
No taxes included,all freight included
L.Reed Soley
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