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Home My WebLink AboutTerry Contracting and Mtl ELI~,TH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldt ovm.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 525 OF 2003 WAS ADOPTED AT ~ FISWF~RS ISLAND MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 13, 2003: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to si~n an Agreement between the Town of Southold and Ter~ Contracting & Materials Inc. for the construction of a municipal parking lot and reconstruction of G-tiffing Street. Cutchogue in the mount of $159,000, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk GREGORY F. YAKABOSKI TOWN ATTORNEY greg.yakaboski@town.southold.ny.us PATRICIA A. FINNEGAN ASSISTANT TOWN ATTORNEY patricia.finnegan@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lorLmont efusco@town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: From: Date: Re: Elizabeth A. Neville Town Clerk Patricia A. Finnegan, Esq.~ Assistant Town Attorney \~'~ December 16, 2003 Contract - Terry Contracting and Materials, Inc. Griffing Street Parking Lot, Cutchogue Betty: Attached, for safekeeping in your files, is a fully executed duplicate original contract agreement dated May 27, 2003, between the Town of Southold and Terry Contracting and Materials, Inc. for the Griffing Street Parking Lot project. The bid package in your office should be attached and made a part thereof. Thank you. Pat /md enc. CC: John Cushman, Town Comptroller w/copy of agreement w/o bid Jamie Richter, Town Engineering Inspector w/copy of agreement w/o bid GREGORY F. YAKABOSKI TOWN ATTORNEY greg.yakaboski@town.southold.ny.us PATRICIA A. FINNEGAN ASSISTANT TOWN ATTORNEY patricla.finnegan@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.raontefusco @tewn.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD December 16, 2003 Robert Terry, President Terry Contracting and Materials, Inc. 840 West Main Street Riverhead, NY 11901 Rez Agreement between Town of Southold and Terry Contracting and Materials, Inc. - Griffing Street Parking Lot, Cutchogue, NY Dear Mr. Terry: Enclosed you will find a fully executed copy of Agreement dated May 27, 2003, in regard to the above matter. Please note that a copy of your bid package submitted to the Town Clerk's office is to be attached to this document and made a part thereof. /md enos. bcc: Betty Neville, Town Clerk AGREEMENT THIS AGREEMENT made this 27th day of May 2003 between the Town of Southold, a municipal corporation of the State of New York, having its office and principal place of business at 53095 Main Road, Southold, New York 11971 hereinafter called the "Town" and Terry Contracting and Materials, Inc., Marcy Avenue, Riverhead, NY 11901, herein after called the "Contractor". WHEREAS, the Town of South01d did heretofore request and receive a bid proposal from the Contractor for the construction of a municipal parking lot and reconstruction of Griffing Street, Cutchoguc~ NY, in accordance with the plans and specifications prepared James Richter, R.A, dated July !0, 2003 and attached hereto, in the amount of One Hundred Fifty Nine Thousand Dollars ($159,000) and WHEREAS, the Town of SOuthold accepted the proposal of the Contractor on the 13thth day of August 2003. Now, THEREfoRE, AG EO AS OLLOWS' 1. The Contractor dOe~ her{by agree to perform all the tasks outlined in the "Invitation to Bid for the Cutchogue Hamlet Construction of a New Municipal Paging Lot and Reconstruction of Griff'mg Street", dated July 10, 2003 and annexed hereto andmadepartofthiscontract~a.~ ~L~qC/Rtraf~d~~l~ ~ [~,~z~ -]/Z~/~ 2. The Town does hereby agree to pay the Contractor for~he work, the total sum of One Hundred Fifty Nine Thousand dollars ($159,000). The total sum is to be paid to the Contractor within forty-five (45) days of the completion Of the said work and the aceeptance thereof by the Town. 3. The Contractor shall secure and maintain such insurance that s~ill protect him/her from claims under the W6rker's Compensation Acts and from c aims for bodily injury, death or property damage that may arise from the performance of his/her services under this Agreement, in limits of $1,000,000. and $29000,000. aggregate liability for bodily injury ~nd property damage. The Contracto~ shall indemnify and hold harmless the Town from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the alleged negligent performance or negligent performance by the Contractor, his employees Or agents or any subcontractor and in case of any such action brought against the Town, the Contractor shall immediately take charge of and defend the same at his own! cost and expense. In addition, the Contractor will name the Town as an additional insured on any applicable policies. IN WITNESS WHEREOF, the parties hereto have set their hands and! seals the day and year first above written. Town of Southold Terry Contracting &~ Materials, Inc. J~a Y. Horton, Supervisor PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.sout hold.ny.us KIERAN M. CORCOIL~I ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.monte fusco@town.sout hold.ny.us JOSHUA Y. HORTON Superxdsor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (6~i) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Subject: MEMORANDUM Elizabeth A. Neville, Town Clerk Kieran M. Corcomn, Esq. Assistant Town Attorney June 13, 2005 Griffing Street Parking Facility & Improvements Change Order No. 2 for Additional Work Performed by Contractor/LKMA No. 03-053 Attached is the original, fully executed Change Order No. 2 in connection with the referenced project for your file. If you have any questions, please do not hesitate to call me. /Ik Enclosure cc: Mr. John Cushman, Comptroller (w/encl.) Patricia A. Finnegan, Esq., Town Attorney (w/encl.) 437 South Counny Road · Brookhaven · Ne~v York · I 1719 (631) 286-8668 · FAX (631) 286-6314 EUGENE F. DALY, P.E., P T.O ETM, PRESIDENT and C E O RAYMOND G. DiBIASE, P.E., P.T O E.TM, EXECUTIVE VICE PRESIDENT JOSEPH F. CLINE. P.E., VICE PRESIDENT ROY R. FULKERSON, P.L.S, VICE PRESIDENT ALBERT T DAWSON. P E., VICE PRESIDENT James Richter, Southold Town Engineer Town of Southold 53095 Route 25 P.O. Box 1179 Southold, N.Y. 11971 April 8, 2005 CONSULTING ENGINEERS Associates CHRISTOPHER F. DWYER JAMES L D~KONING. P.E ROBERT A. STEELE. P.E. JUN Re: Town of Southold - Griffing Street Parking Facility & Improvements Change Order No. 2 for Additional Work Performed by Contractor LKMA No. 03-053 Dear Mr. Richter: Enclosed herewith is a draft of Proposed Change Order No. 2 and attached correspondence from our office dated February 22, 2005 (see attached) for the above referenced project. The Change Order will result in an increase in the total amount of the contract as follows: Original Contract Amount: Change Order No. 1: Change Order No.2: Revised Contract Amount $159,000.00 $ 8,975.00(approved by TBR on 11/18/03) $ 20,000.00 $187,975.00 The additional cost of the project was based upon an agreement made between the Town of Southold and Terry Contracting & Materials, Inc. after a review of the proposed work (contract drawings) and the actual work performed (as-built). Attached you will find a copy of the above referenced letter from our office that summarizes the meeting held on February 16, 2005. The additional work will result in an added extended cost of $20,000.00 to the Contract. By cop3' of this letter, :ye are transmitting to the Southold Town Clerk's Office, a copy of the Change Order No. 2 draft for processing by that office and/or any other involved departments. If there are any questions regarding this Change Order, please do not hesitate in contacting this office. CFD:cfd Enc. (1) CC: Southold Town Board w/enc. Elizabeth Neville, Southold Town Clerk w/enc. Very truly yours, Christopher F. Dwyer Associate James McMahon, Department of Public Works w/enc. Robert Terry, Terry Contracting & Materials, w/enc. z-/o~ ~./,. ~ ~,/~., Change Order 2- Terry Page 1 of 3 * Founded in 1950 · CHANGE ORDER NO. 2, CONTRACT ENTERED INTO BY TERRY CONTRACTING & MATERIALS, INC., CONTRACTOR, AND THE TOWN OF SOUTHOLD, OWNER, ON THE 27TH DAY OF MAY, 2003. THE CONTRACT KNOWN AS THE CONSTRUCTION OF NEW MUNICIPAL PARKING LOT & RECONSTRUCTION OF GRIFFING STREET", ENTERED INTO BY AND BETWEEN THE CONTRACTOR AND THE TOWN OF SOUTHOLD ON THE 27TM DAY OF May, 2003 IS AMENDED AS FOLLOWS: ADDED, DELETED, CHANGED WORK IS HEREBY AUTHORIZED BY THE TOWN OF SOUTHOLD. THIS IS APPROVED BY THE CONSULTING ENGINEER (IF APPLICABLE) AND THE DEPARTMENT OF LAW OF THE TOWN OF SOUTHOLD IS AUTHORIZED TO APPROVE THIS CHANGE ORDER FOR LEGAL SUFFICIENCY IN ACCORDANCE WITH A RESOLUTION ADOPTED AND APPROVED BY SAID TOWN OF SOUTHOLD ON THE DAY OF 200 . Original Contract Amount: Change Order No. 1: Change Order No.2: Revised Contract Amount $159,000.00 $ 8,975.00 $ 20,000.00 $187,975.00 The amendments to the subject contract involved herein have been made in accordance with the requirements of the General Conditions o f the contract and the Contract Agreement itself. Change Order 2- Terry Page 2 of 3 LIh%%A L. K. McLean Associates, P.C. CHANGE ORDER NO. 2, CONTRACT ENTERED INTO BY TERRY CONTRACTING & MATERIALS, INC., CONTRACTOR, AND THE TOWN OF SOUTHOLD, OWNER, ON THE 27TH DAY OF MAY, 2003. IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS AND SEALS: R6bert Terry,/~erry Contracting Dated: ~_~//.'7 ~ ~''~ /' S~perv~sor a~cl/or Deputy Supervisor /Dated: L.K. McL~an Associates, P.~'. Consulting Engineers Dated: 6 ¢ Town Attorney A,. o Legal Dated: ~-~' ~.~/' ~)~'~ Change Order 2- Terry Page 3 ot'3 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP,D DATE M.DD , PRODUCER THIS CERTIFICATE IS ISSUED AS A MATFER OF INFORMATION The Amerisc Corp (amerisc. eom) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Construction Services HOLDER. THiS CERTIFICATE DOES NOT AMEND, EXTEND OR 777 ~-eckendorf Blvd. , Suite 2 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Garden City NY 11530 Phone: 516-745-7500 Fax: 516-745-0535 INSURERS AFFORDING COVERAGE NAIC # 840 West Main Street INEURERD' ~i=.t R.h.bl~it.~o. ~... co. 81434 Riverhead NY 11901 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~UU' POLICY EFFECTIVE CATE (MM/DD/YY) I LIMITS IN~RINBR~LTR TYPE OF INSURANCE POUCYNUMBER I DATE(MMIDD/YY) POLICYEXPIRA~ON G~GE~GENERAL LIABILITY EACH OCCURRENCE $ I; 000 f 000 A X IX COMMERCIALGENERALLIABILI~ ENV0101720501 07/31/05 07/31/06 PREMISESUAM'~'~U ,u~t.,~O(Ea ~ccurenc~) $ 50 , 000 __ I CLAIMSMADE [~ OCCUR MEDEXP(Anyonepe~son) $ 5000 X Pollution L.~_ab ] PERSONAL&ADVINJURY $ i ~ 000 ~ 000 Z~Z Contractual LiabI GENERALAGGREGATE $ 2,000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/DP AGO $ 1~000;000 ' AUTOMOBILE MAGILITY COMBINED SINGLE LIMIT $ I ,~ 0 0 0 · 0 0 0 B X ANY AUTO CAP9117499 07/31/05 07/31/06 (Es acc,dent) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS {Per pemon) X HIRED AUTOS BODiLY iNJURY $ X NON-OWNEDAUTOS (Per accident) PROPERTY DAMAGE $ (Per accideel) GARAGE LIABILITY AUTO ONLY * EA ACCIDENT $ [ ~ ANY AUTO OTHER THAN EA ACC II I I AUTOONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE i $ 5000000 A ~ OCCUR ~ CLAIMSMADE AXS057918001 01/31/05 01/31/06 AGGREGATE __ $ $ 5000000 RETENTION $10 r 000 OR ERS COMPERBATION AND × I¥ORY IMITS I C ANyEMPLOYERS'LIABILITYPRoPRIETORJPARTNEPJEXECUTIVE WC7489858 12/28/04 12/28/05 EL EACHACClDENT $ 1,000,000 OFFICEPJMEMBER EXCLUDED? E.L. DISEASE- EA EMPLOYEE $ i ~ 000 t 000 I S~ECIAL PROVISIONS below I E.L. DISEASE - POLICY LIMII $ lf000t000 D Disability DBL220943 01/01/05 12/31/10 Continuou Statutory DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PRO.SIGNS Project: Hamlet of Cutchogue - Construction of New Municipal Parking Lot Project & Reconstruction of the Southerly End of Griffing Street. The Certificate Holder is included as an Additional Insured as required by a written contract or agreement only. CERTIFICATE HOLDER CANCELLATION Town of Southold 53095 Main Road Southold NY 11971 ACORD 25 (2001/08) SOUTHHO SHOULD ANY OF THE ABOVE DESCRIBED POUCIEB BE CANCELLED BEFORE THE EXP[RATIOI'~ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGAllON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, ~ ~ r~ ~O~PORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this cedificate does not confer rights to the cedificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108)