HomeMy WebLinkAboutGrattan's Heating & Cooling RESOLUTION 2023-341
ADOPTED DOC ID: 19040
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION.NO. 2023-341 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 11,2023:
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Grattan's
Heating & Cooling for the removal of old climate control system and installation of new climate
control system in the Town Hall Basement Records Storage rooms for an amount not to exceed
$24,300,per estimate#947 dated 1/12/23, all in accordance with the approval of the Town
Attorney. This project shall be a legal charge to H.1620.2.500.675, Town Hall Basement.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:Brian 0. Mealy, Councilman
AYES: Nappa,Doroski, Mealy, Doherty, Evans, Russell
g�FFOLk
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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: May 26, 2023
Subject: Agreement between Town of Southold and Grattan's
Heating and Cooling ( Town Hall Basement Record Room)
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
DPW
A
THIS AGREEMENT made and entered into this of May 2023, by and between Town of
Southold (hereinafter referred to as "Town"), a municipal corporation organized and existing under
and by virtue of the laws of the State of New York (mailing address: c/o Dennis Noncarrow, Town
Clerk, P.O. Box 1179, Southold, New York 11971-0959), party of the first part,and Grattan's Heating
& Cooling, (hereinafter referred to as "Contractor") with an address at 322 Terry Ct, Southold New
York 11971, party of the second part.
WITNESSETH: That the Town and Contractor, for the consideration named, hereby agree as follows:
1. PURPOSE.
The Contractor shall provide professional services for removal of old climate control system and
installation of new climate control system in the Town Hall Basement Records Storage Rooms all in
accordance with estimate#947 dated January 12,2023.
2. SPECIFIC SERVICES.
The Contractor shall perform all the tasks set forth in the Proposal submitted to the Town dated January
12, 2023, a copy of which is attached hereto as Appendix"A"and made a part hereof.
3. TIME AND ATTENDANCE; COOPERATION BY THE TOWN
The services to be rendered under this Contract shall be completed within two (2) months of execution
of the contract.
The Town agrees to cooperate with Contractor, as needed, and to provide Contractor 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 Contractor with access to all work areas and 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.
4. COMPENSATION.
Inpayment for the services to be performed hereunder by Contractor, the Town shall make
payments to Contractor as follows:
(a) For the services to be performed by Contractor pursuant to Paragraph"2" hereof,the Town shall
pay Contractor as set forth in the Proposal (Appendix "A"). Contractor shall submit an itemized
voucher for work actually completed on a monthly basis to the Town Comptroller. Such voucher shall
be due and payable within 45 days after receipt of such voucher, subject to review of the
Comptroller and approval for payment by the Town Board.
(b) The Town shall process any vouchers received from Contractor as expeditiously as possible.
(c) 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.
(d) Contractor acknowledges that Contractor is familiar with the requirements of Section
118 of the Town Law which, in effect, prohibits payment of any of Contractor's claims against the
Town unless an itemized voucher therefore shall have been presented to the Town Board/Town
Comptroller and shall have been audited and allowed by the Town Board/Town Comptroller.
5. TERM OF AGREEMENT, TERMINATION.
This agreement shall commence on the Agreement being fully executed and shall terminate upon
completion of, and payment for, all the tasks outlined in the Proposal, provided, however, that this
agreement shall terminate immediately in the event that (a) Contractor dies; (b) Contractor incurs a
disability which makes Contractor unable to perform the services which Contractor is required to
perform hereunder; (c) Contractor files a Petition in Bankruptcy Court or a Petition is filed against
Contractor in Bankruptcy Court, or Contractor is adjudged bankrupt or makes an assignment for the
benefit of creditors; or (d) a Receiver or Liquidator is appointed for Contractor and/or Contractor's
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.
In the event that Contractor refuses or fails to provide the services required hereunder with due diligence,
or fails to make prompt payment to persons supplying labor for Contractor's services hereunder,or refuses
or fails to comply with applicable statutes, laws or ordinances, or is guilty of a substantial violation of
any provision of this agreement, the Town shall send Contractor written notice that Contractor has 20
days to cure said default; and if, at the end of said 20-day period, Contractor has not cured said default,
the Town may then terminate this agreement on 7 days'prior written notice to Contractor.
Except as prohibited by law,the Town and Contractor hereby waive trial by jury in any litigation arising
out of, or connected with,or relating to this Agreement.
6. SKILLS OF CONTRACTOR; CONFLICTS OF INTEREST.
Contractor represents that Contractor has the requisite skills and experience to perform the services
hereunder.
7. INDEPENDENT CONTRACTOR STATUS.
Contractor and the Town agree that in the performance of Contractor's services hereunder, Contractor
is an independent contractor and shall not be deemed to be an employee or agent of the Town for any
purpose whatsoever. 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.
8. 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.
S
(b) Liability 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 and
the Town 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:
1. General liability insurance in an amount not less than $2,000,000 for injuries, including
wrongful death to any one person and subject to the same limit for each person, in an amount not
less than $5,000,000 on account of any one occurrence.
2. Property damage insurance in an amount not less than $500,000 for damage on account of all
occurrences.
The Town shall be named as a certificate holder and an additional insured on all policies of
insurance and shall furnish proof of same to the Town Attorney prior to its commencement of any
work under this Agreement.
(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, but not later than three (3) days after the date
of such accident.
9. INDEMNIFICATION
Contractor shall release, indemnify,defend and hold harmless the TOWN,its officers, employees, and
representatives from and against any and all demands, liabilities, losses, damages,expenses (including
attorney's fees)and judgments for any personal injuries,death,or property damage in any way relating to
or arising from this Contract and the services to be performed under this contract.
10. PROHIBITION AGAINST ASSIGNMENT.
Contractor is hereby prohibited from assigning, transferring, conveying, subletting or otherwise
disposing of this agreement or his right, title or interest in this agreement without prior written
consent of the Town.
11. COMPLIANCE WITH STATUTES.
Contractor agrees that Contractor will comply with all statutes, ordinances, local laws, codes, rules
and regulations which are or may be applicable to Contractor's services, activities and duties set forth
in this agreement.
12. 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 Town: Dennis Noncarrow
Town Clerk
Town of Southold
PO Box 1179
Southold, NY 11971-0959
To Contractor: Grattan's Heating&Cooling
322 Terry Court
Southold, New York 11971
13. 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.
14. APPLICABLE LAW.
This Agreement and the rights and obligations of parties hereunder shall be construed in accordance
with and be governed by the laws of the State of New York without regard to conflicts of laws and
principles. Contractor hereby submits to the jurisdiction of the Courts of the State of New York for
all disputes relating to this Agreement and agrees that venue for all disputes shall be in Suffolk County.
15. COMPLETE AGREEMENT, 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. ,
IN WITNESS WHEREOF, the Town of Southold has caused its corporate seal to be affixed hereto
and these presents to be signed by Scott A. Russell, its Supervisor, duly authorized to do so, and to
be attested to by Dennis Noncarrow, Town Clerk, and the Contractor has caused its corporate seal
to be affixed hereto and these presents to be signed by its President, the day and year first above
written.
TOWN OF SOUTHOLD
By:
Scott A.Russell, Supervisor
GRATTAN'S HEATING&COOLING
By:
President
i
STATE OF NEW YORK)
COUNTY OF SUFFOLK) ss:
On the `'I ' - of May in the year 2023 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
NOTARY PUBLIC,STAgTTEAOFDSEW YORK
Registration No,01ST61640W
Qualified in Suffolk Count
Commission Expires April 9,261-SD
STATE OF NEW YORK)
COUNTY OF SUFFOLK) ss:
a
On the � of May in the year 2023 before me, the undersigned,personally appeared
&UM (CXpA+Gm,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.
o�ami '? .-M. Ch1
Notary Public LAUREN M.STANDISH
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01 ST6164000
ouailfied In Suffolk County
Commission Expires April 9,20
Appendix A
Grattan's Henting ,.Cooling Estimate
..322 Terry Ct
Southold, NY 11971 US
(631)745-5555
grattanshvac@gmail.com
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Town Of Southold DPW
P.O. Box 1179
Southold, NY 11971
'TES JMA7E#``�� �v r'`' X r,"F ', ' �� `EXPIRATIC:IN?R!_ATE,
DATE=S. .
ger }Y.�t:f.r•,ssz.;:.:,zwa.,:� ',::s:'.z7.�.e:a:,m1•i:;ie'u?.J;r"'.e..: d�a 2E2?*2.Css:."...".:k.*i::,e:
947 01/12/2023 .02/13/2023
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01/12/2023 '
Installation 1 : 0.00: 0.00
Remove and discard failed package systems for records storage. Furnish and
install Rheem heat pump systems for each room. Installation includes (2)
new outdoor heat pump systems with low ambient cooling capabilities model
# RP1436AJ1NA located in existing location on pre cast pads, (2) new
Rheem air handlers model# RH1T3617STANJA located inb existing locations ✓ 2�
in basement, (2) new electric heat strips size 10KW for each air handler, (2) SC,
new April Aire bypass humidifiers model RE located on.each air
handler, (2)April Aire dehumidifiers mo I RE10 located on each air
handler, reconnecting low voltage wiring,s an re urn ducting with new
insulated transitions, insulated refrigerant piping,condensate,drain piping, (2)
new digital thermostats and all necessary materials and start up and testing
of new systems.
Investment Price 1 24,300.00 24,300.00
$24,300.00 Twenty Four Thousand Three Hundred Dollars
Deposit 1 0.00. 0.00
50% upon signed contract 50% upon start up and completion
Warranty 1 , 0.00 0.00
Manufacturers factory warranty on all parts during normal business hours
Note 1 0.00 0.00
Estimate has been constructed with the knowledge that this project is
prevailing wage and will adhere to prevailing wage regulations . ....... .. .. . ....... ._.... .'. . ..__...
Records storage at Town Hall TOTAL $24,300.00
Accepted By Accepted Date