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HomeMy WebLinkAboutHVAC for Town Hall Southold Town Board -Letter Board Meeting of January 29, 2019 RESOLUTION 2019-131 Item # 5.20 M y�� `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.