HomeMy WebLinkAboutHeavy Equipment Operator Services - D.F. Stone Contracting
RESOLUTION 2022-624
ADOPTED DOC ID: 18283
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-624 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 19, 2022:
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid to
supply the town with construction equipment and services in connection with dredging and other
services within the Town of Southold, Suffolk County, New York as follows, all in accordance
with the Town Attorney; and be it further
RESOLVED that the Town Board authorizes and directs Supervisor Russell to execute the
appropriate contract documents to implement the agreement for these services, as prepared by
the Town Attorney.
Latham Sand and Gravel:
UNIT BID PRICE
ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS
ITEM #
# 2 FURNISHING TOW BOAT 1 DAY @ ONE THOUSAND FOUR HUNDRED
$2,120.00
SEVENTY FIVE DOLLARS PER DAY (8 HOURS)
_______________
PER DAY
# 4 FURNISHING TRACK LOADER WITH BUCKET - 9,000 LBS. 1 DAY @ ONE
$1,640.00
THOUSAND TWO HUNDRED NINETY DOLLARS PER DAY (8 HOURS)
_______________
PER DAY
# 7 FURNISHING FRONT END WHEEL LOADER WITH 4 C.Y. CAPACITY BUCKET 1
$1,960.00
DAY @ ONE THOUSAND FIVE HUNDRED FORTY DOLLARS
_______________
PER DAY (8 HOURS)
PER DAY
# 8 FURNISHING EXCAVATOR WITH 1- 1/2 C.Y. CAPACITY BUCKET 1 DAY @
$1,960.00
ONE THOUSAND FIVE HUNDRED NINETY DOLLARS PER DAY (8 HOURS)
_______________
PER DAY
# 11 FURNISHING CRAWLER MOUNTED FRONT END LOADER WITH 2 C.Y. CAPACITY
$1,880.00
BUCKET 1 DAY @ ONE THOUSAND FOUR HUNDRED FORTY DOLLARS
_______________
PER DAY (8 HOURS)
PER DAY
# 15 FURNISHING OFF-ROAD ARTICULATED DUMP TRUCK - 1 DAY @ TWO
$2,880.00
THOUSAND THREE HUNDRED NINETY DOLLARS PER DAY (8 HOURS)
_______________
PER DAY
Chesterfield Associates:
UNIT BID PRICE
ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS
ITEM #
# 1 FURNISHING BARGE MOUNTED 15 TON CRANE WITH 5/8 C.Y. CAPACITY
$2,815.00
DRAGLINE BUCKET OR 5/8 C.Y. CAPACITY CLAMSHELL BUCKET 1 DAY @
_______________
THREE THOUSAND TWO HUNDRED SEVENTY FIVE DOLLARS PER
PER DAY
DAY (8 HOURS)
# 10 FURNISHING LONG REACH EXCAVATOR 1 DAY @ TWO THOUSAND NINE
$2,610.00
HUNDRED FIFTY DOLLARS PER DAY (8 HOURS)
_______________
PER DAY
# 12 FURNISHING CRAWLER MOUNTED FRONT END LOADER WITH 3 C.Y. CAPACITY
$2,440.00
BUCKET 1 DAY @ TWO THOUSAND TWO HUNDRED FIFTY DOLLARS
_______________
PER DAY (8 HOURS)
PER DAY
Resolution 2022-624 Board Meeting of July 19, 2022
D.F. Stone Contracting, Ltd.:
UNIT BID PRICE
ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS
ITEM #
# 5 FURNISHING DOZER WITH BLADE - 13,000 LBS. 1 DAY @ ONE THOUSAND
$2,000.00
FIVE HUNDRED FIFTY DOLLARS PER DAY (8 HOURS)
_______________
PER DAY
# 13 FURNISHING FRONT END WHEEL LOADER WITH 6 C.Y. CAPACITY BUCKET 1
$2,400.00
DAY @ TWO THOUSAND SIX HUNDRED DOLLARS PER DAY (8 HOURS)
_______________
PER DAY
# 14 FURNISHING 10 WHEEL DUMP TRUCK 1 DAY @ ONE THOUSAND ONE
$1,450.00
HUNDRED NINETY DOLLARS PER DAY (8 HOURS) (NOTE:
_______________
THERE IS NO MOBILIZATION OR DEMOBILIZATION FOR THIS ITEM)
PER DAY
Melrose Contracting Corp.:
UNIT BID PRICE
ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS
ITEM #
# 3 FURNISHING 15 TON CRAWLER CRANE WITH 5/8 C.Y. CAPACITY DRAGLINE
$1,949.50
BUCKET OR 5/8 C.Y. CAPACITY CLAMSHELL BUCKET 1 DAY @ ONE
_______________
THOUSAND SEVEN HUNDRED FORTY DOLLARS PER DAY (8 HOURS)
PER DAY
# 6 FURNISHING FRONT END WHEEL LOADER WITH 2- 1/2 C.Y. CAPACITY BUCKET
$1,812.36
1 DAY @ ONE THOUSAND THREE HUNDRED FORTY DOLLARS
_______________
PER DAY (8 HOURS)
PER DAY
# 9 FURNISHING 20 TON CRAWLER CRANE WITH 3/4 C.Y. CAPACITY DRAGLINE
$2,369.50
BUCKET OR 3/4 C.Y. CAPACITY CLAMSHELL BUCKET 1 DAY @ TWO
_______________
THOUSAND ONE HUNDRED FORTY DOLLARS PER DAY (8 HOURS)
PER DAY
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Sarah E. Nappa, Councilwoman
SECONDER: Jill Doherty, Councilwoman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
Updated: 7/14/2022 3:59 PM by Michael Collins Page 2
��SUFFO(��o E C'
��E®
9 2022
Town Clerk
Office of the Town Attorney
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: Denis Noncarrow, Town Clerk
From: Missy Mirabelli
Secretary to the Town Attorney
Date: September 28, 2022
Subject: Agreement between Town of Southold and
D.F. Stone Contracting Ltd, Heavy Equipment Operator
Services
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.
/mm
Enclosures
cc: Accounting
AGREEMENT
THIS AGREEMENT, entered into this day of��2022, 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 D.F. Stone
Contracting Ltd.(the "Contractor"), with an address of 1230 Station Road, 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 furnish Heavy Equipment and Operator services in connection with
dredging and other services within the Town of Southold as set forth in its proposal bid opened July
14, 2022, awarded July 19, 2022 and pay schedule attached herewith as Exhibit A.
The Contractor will furnish all labor, materials, supplies, equipment and other similar
items necessary or proper for, or incidental to, the work contemplated by this Contract, as
required by, and in strict accordance with such changes as are ordered and approved pursuant
to this Contract.
ARTICLE 2. TIME OF COMPLETION
The services to be rendered under this Contract shall commence upon execution of this
contract.
ARTICLE 3. ACCEPTANCE AND FINAL PAYMENT
Upon completion each calendar month of work contemplated under this Contract the
Contractor shall file with the Town an itemized voucher for said work, and upon approval of such
voucher by the Town Engineer and the Town Comptroller, the Town will pay the Contractor for work
performed. Payments will be made on the basis of the actual work completed in accordance with the
Contract.
The Town shall pay the Contractor upon the submission of a voucher at the conclusion of each
calendar month. Such voucher shall be due and payable within 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
Contractor in connection therewith.
The Town Board shall process any voucher received from Contractor as expeditiously as
possible. In the event that the Town disputes or objects to any portion of any voucher submitted by
Contractor pursuant to this paragraph, the Town shall, within 30 days of the receipt of such voucher,
notify Contractor in writing of such dispute or objection. Contractor acknowledges that Contractor
is familiar with the requirements of section 118 of the Town Law which, in effect, prohibit payment
of any of Contractor's claims 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 Contractor of the final payment shall be, and shall operate as a release to
the Town from all claims and all liabilities to the Contractor 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, except Contractor'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
Contractor or its sureties from any obligations under this Contract.
ARTICLE 4: CONTRACTOR'S OBLIGATIONS
(a) The Contractor shall be responsible for the full and correct performance of the Work
required by this Contract within the time specified herein, including work of the
Contractor's Subcontractors, and any errors therein shall be corrected at the Contractor's
own cost and expense. In addition,the Contractor shall indemnify the Town for any costs
or expenses attributable to errors in performance by the Contractor or the Contractor's
Subcontractors.
(b) The Contractor agrees that the Contractor shall protect and shall be solely responsible for
all labor and material provided for under this contract, whether or not the same may be
erected in place, and for all its plans, tools, equipment, materials,tools of the Contractor's
employees and agents, etc. for all adjoining private and public property, and all existing
Work on the Project Site, which may be damaged by the Contractor's Work. In no event
shall the Town be liable to the Contractor for loss of, pilferage, or damage to any of the
same. In the event of said labor and materials, plant, tools or equipment, etc., are
damaged, lost or destroyed by reason of fire, theft (irrespective of the negligence of the
parties hereto or others), civil commotion, riot, insurrection, violence, war, acts of God,
etc., the Contractor's responsibility therefore shall be absolute,.and the Contractor shall
replace, repair, rebuild, and make good any and all said damage or loss of any and all
kinds whatsoever.
(c) Contractor shall be responsible for securing all permits required to perform the Work
and/or required by the applicable laws, regulations, ordinances, etc., and maintain the
validity of all such permits throughout the contract duration, if any. Contractor agrees to
furnish to the Town a complete list of subcontractors to be used in the performance of
work under the Contract, including trucking companies, recovery and processing
facilities, recycling facilities handling materials recovered for recycling, and disposal
facilities for residual waste disposed after recyclables recovery. Contractor further agrees
to notify the Town in writing of any changes in subcontractors used in the performance of
work under this Contract.
ARTICLE 5. 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 6. REPRESENTATIONS OF CONTRACTOR
The Contractor represents and warrants:
(a) That it is financially solvent and that it is experienced in and competent to perform the
type of work to be furnished by it; and
(b) That it is familiar with all federal, state, municipal and department laws, ordinances and
regulations which may in any way affect the work or those employed therein.
ARTICLE 7. PERMITS AND REGULATIONS
The Contractor shall comply with all permits issued to the Town in connection with the
services furnished under this Agreement.
ARTICLE 8. NO DAMAGES FOR DELAY
The contractor agrees to make no claim for increased costs, charges, expenses or
damages for delay in the performance of this Contract, or for any delays or hindrances from any
cause whatsoever, and agrees that any such claim shall be fully compensated for by an extension in
the time for substantial and/or final completion of the work. Should the Contractor be or anticipate
being delayed or disputed in performing the work hereunder for any reason, it shall promptly, and in
no even more than two (2) business days after the commencement of any condition which is causing
or threatening to cause such a delay or disruption, notify the Town in writing of the effect of such
condition stating why and in what respects the condition is causing or threatening to cause such delay
or disruption. Failure strictly to comply with this notice requirement shall be sufficient cause to deny
Contractor a change in Schedule and to require it to conform to the Schedule then in effect.
ARTICLE 9. TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT
The Town shall have the right to stop work or terminate the Contract if.
(a) The Contractor is adjudged .bankrupt or makes an assignment for the benefit of
creditors; or
(b) A receiver or liquidator is appointed for the Contractor or for any of its property and is
not dismissed within 20 days after such appointment or the proceedings in connection
therewith are not stayed on appeal within the said 20 days; or
(c) The Contractor refuses or fails to prosecute the work or any part thereof with due
diligence; or
(d) The Contractor fails to make prompt payment to persons supplying labor for the work; or
(e) The Contractor fails or refuses to comply with all applicable laws or ordinances; or
(f) The Contractor is guilty of a substantial violation of any provision of this Contract;
(g) The Town's execution and participation in this contract is found to be in violation of an
existing collective bargaining agreement.
(h) In any event, the Town, without prejudice to any other rights or remedy it may have,
may, with our without cause, by seven (7) days' notice to the Contractor, terminate the
employment of the Contractor and its right to proceed as to the work. In such case, the
Contractor shall not be entitled to receive any further payment beyond what owed in
quantum meruit.
ARTICLE 10. DAMAGES
It is hereby mutually covenanted and agreed that the relation of the Contractor to the work to be
performed by it under this Contract 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, whether or not the Contractor, its agents,
or employees have been negligent. The Contractor shall hold and keep the Town free and discharged
of and from any and all responsibility and liability of any sort or kind. The Contractor shall assume
all responsibility for risks or casualties of every description, for loss or injury to persons or property
arising out of the nature of the work, from the action of the elements, or from any unforeseen or
unusual difficulty. The Contractor shall make good any damages that may occur in consequence of
the work or any part of it. The Contractor shall assume all blame, loss and responsibility of any
nature by reason of neglect or violation of any federal, state, county or local laws, regulations or
ordinances.
ARTICLE 11. INDEMNITY AND SAVE HARMLESS AGREEMENT
The Contractor agrees to indemnify and save the Town, its officers, agents and employees
harmless from any liability imposed upon the Town, its officers, agents and/or employees arising
from the negligence, active or passive, of the Contractor and from and against any damages, claims,
or expenses, including reasonable attorney's fees, arising out of Contractor's breach of the
Agreement or from Contractor's acts or omissions outside the scope of the Agreement or arising out
of claims or actions by third parties against Contractor by virtue of its performance of this
Agreement.
ARTICLE 12. 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 Agreement,
to any other person or corporation without the previous consent in writing of the Town.
ARTICLE 13. REQUIRED PROVISIONS OF LAW
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. If any such provision is not inserted, through mistake or
otherwise, then upon the application of either parry, this Contract shall be physically amended
forthwith to make such insertion. In particular,the Contractor 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).
ARTICLE 14. 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 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.
(b) 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 given by the Owner 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 Contract, for the
various classes of mechanics, workingmen/women, or laborers employed on the work.
ARTICLE 15. AUTHORITY FOR EXECUTION ON BEHALF OF THE TOWN
The Supervisor has executed this Agreement pursuant to Resolution No. 2022-264 adopted by
the Town Board of the Town of Southold, at a meeting thereof held on July 19, 2022. Scott A.
Russell, Supervisor, whose signature appears hereafter, is duly authorized and empowered to execute
this instrument and enter into such an Agreement on behalf of the Town. 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.
ARTICLE 16. 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 parry hereto:
To Town: Denis Noncarrow
Southold Town Clerk
P.O. Box 1179
Southold,NY 11971-0959
With Copy To: Michael Collins, Town Engineer
P.O. Box 1179
Southold,NY 11971-0959
To Contractor: D.F. Stone Contracting Ltd.
1230 Station Road
Medford,NY 11763
ARTICLE 17. 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 18. 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 19. APPLICABLE LAW
This Agreement is governed by the laws of the State of New York.
IN WITNESS WHEREOF, the Town of Southold has caused these presents to be signed by
Scott A. Russell, its Supervisor, duly authorized to do so, and the Contractor has caused these
presents to be signed by its President, the day and year first above written.
D.F. Stone Contracting Ltd. Town of Southold
By: By: �4e, 6elc
6'e'--r Je Hey %6', , (Name) res,'de^+ (Title) Scott A. Russell, Supervisor
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
On this z'-"d-ay of min the year 2022 before me,the undersigned,personally appeared
Gca r3e �a: W^ (Name) the Pecs c^-ir (title) and authorized agent of DF Stone Contracting,
Ltd.,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
executed the same in his capacity and that by his signature on the instrument, the individual or the
person u >1@lf�. i dividual acted, executed the instrument.
MICHAEL STEPHEN ARDINI
NOTARY PUBLIC,STATE OF NEW YORK
Registration O
Qualifed in Suffolk CountY .
Commission Expires April 26,20-4 Notary Public
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
On thisc�j day of st in the year 2022 before me, the undersigned,personally appeared
SCOTT A. RUSSELL,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 executed the same in his capacity and that by his signature on the instrument, the individual or the
person upon whose behalf of which the individual acted, executed the instrument.
Notary Public
LYNDA M. RUDDER
Notary Public, State of New York
No. 01 RU6020932
Qualified in Suffolk County
Commission Expires March 8, 202;5
EXHIBIT A
D.F. Stone Contracting, Ltd.:
ITEM# ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS UNIT BID PRICE
# FURNISHING DOZER WITH BLADE - 13,000 LBS. I DAY @ ONE
5 THOUSAND FIVE HUNDRED FIFTY DOLLARS PER DAY (8 HOURS) $200.00
PER DAY
# FURNISHING FRONT END WHEEL LOADER WITH 6 C.Y. CAPACITY
13 BUCKET 1 DAY @ TWO THOUSAND SIX HUNDRED DOLLARS PER DAY
(8 HOURS) $2,400.00
PER DAY
# FURNISHING 10 WHEEL DUMP TRUCK 1 DAY @ ONE THOUSAND ONE
14 HUNDRED NINETY DOLLARS PER DAY (8 HOURS) (NOTE: $1,450.00
THERE IS NO MOBILIZATION OR DEMOBILIZATION FOR THIS ITEM)
PER DAY