HomeMy WebLinkAboutHVAC for Town Hall Southold Town Board -Letter Board Meeting of January 29, 2019
RESOLUTION 2019-131 Item # 5.20
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`3 ADOPTED DOC ID: 14890
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-131 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 29, 2019:
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of SMCG
Services, Inc. in the amount of$185,150.00 for the Town Hall HVAC project and be it further
RESOLVED that the Town Board hereby authorizes and directs Supervisor Scott A. Russell to
sign a contract with SMCG Services, Inc. for same, subject to the approval of the Town Attorney
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [5 TO 01
MOVER: William P. Ruland, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell
RECUSED: Robert Ghosio
Generated January 29, 2019 Page 29
AGREEMENT
THIS AGREEMENT, entered into this 6th day of March, 2019, 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
SMCG HVAC Services, Inc. (the "Contractor"), with an address of 3205 Route 112, Medford NY
11763;
WITNESSETH, that the Town and the Contractor, for the consideration hereinafter named,
agree as follows:
ARTICLE 1. WORK TO BE DONE AND CONSIDERATION THEREFOR
The Contractor shall perform the following:
DESCRIPTION OF WORK
The Contractor shall perform all electrical work associated with the installation of a new
Heating, Ventilation and Air Conditioning System ("HVAC System"). All work shall be completed
in accordance with the attached Southold Town Hall HVAC Construction Specifications dated
January 10, 2019, the Contractor's Bid Response dated January 23, 2019, and the Plans and Drawings
entitled prepared by Southampton Engineering Services, P.C. dated October 2, 2018, as amended by
the Change Order #1 proposal from Contractor Copies of which are attached hereto and made a part
hereof.
ARTICLE 2. TIME OF COMPLETION
Work shall commence within ten (10) days of this agreement being fully executed and the
services to be rendered under this Contract shall be completed no later than ninety (90) consecutive
calendar days after the execution of this Agreement. Time of performance is of the essence.
ARTICLE 3. ACCEPTANCE AND FINAL PAYMENT
Upon receipt of written notice that the Contract has been fully performed and an inspection by
the Town Engineer to certify that the work has been completed to the satisfaction of the Town, the
Contractor shall file with the Town Comptroller an itemized voucher and the Town will pay the
Contractor$197,425.00.
ARTICLE 4. CONTRACTOR'S INSURANCE
The Contractor 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 Contractor 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) Insurance: The Contractor 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:
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.
Property damage insurance in an amount not less than $300,000 for damage on account of all
occurrences.
Commercial auto liability insurance in an amount not less than $500,000 for damage on
account of all occurrences.
The Contractor 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 5. BONDS
Prior to the execution of this Agreement, the Contractor shall furnish to the Town a
Performance Bond wherein the named obligee is the Town. The performance bond's purpose is to
secure the faithful performance of the Agreement. The Bond amount shall be $197,425.00. The
bond shall be executed by a surety company approved by the Town, authorized to do business in the
State of New York and with an office or representative in Suffolk County, New York. The form shall
be acceptable to the Town and shall have a term through the completion of services.
As an alternative to the Performance Bond, the Contractor may furnish a certified check, bank
draft, money order, or a standard form irrevocable letter of credit. Certified check, bank draft or
money order must be made payable to the order of the Town. The standard form irrevocable letter of
credit shall be in a form acceptable to the Town.
In the event the Contractor secures a Performance Bond from any of its subcontractors, said
bond shall also name the Town as a dual obligee.
In the event the Contractor fails to perform its obligations under this Agreement, the Town may
terminate such agreement, and the Town may procure the services from other sources and hold the
Contractor responsible for any excess costs incurred and deduct from payments owing to the
Contractor and/or draw upon the Performance Bond as full or partial reimbursement for such excess
costs.