HomeMy WebLinkAboutCutchogue Fire DistrictCONTRACT
THIS AGREEMENT made this day of December,2002, between
the Board of Fire Commissioners of the Cutchogue Fire District~
Town of Southold, Suffolk Counny, New York, hereinafter referred
to as the "Own~er" and PECONIC WELL & PUMP INC., a New York
corporation with place of bus,mess at P..O. Box 1009, %~__
%~, Hampton Bays, New York 11946, hereinafter
referred to as the "Cqntractor." The Owner and Contractor agree
as set forth below:
1. The Contractor shall perform all of the work required by the
Contract Documents for the installation of a 10 inch fire well
the Southold Town Landfill, Route 48, Cutchogue, New York.
2. The Work to be performed under this Contract will be
commenced within 30 lays of the date of Ehis connract and
completed within 60 days thereof under the supervisIon of James
Bunchuck, Southotd Town Solid,Waste Eoordinator.
3. The Owner shall cause the Contractor Eo be paid by Owner
the Town of Southold for the performance of the Work, the
Contract Sum of:
or
SEVENTEEN THOUSAND SEVEN HUNDRED and 00/100 Dollars ($17,700.00).
4. The Owner shall cause the above paymenE uo be made within 30
days after completion and satisfactory testing of the Work and
wrinnen authorizatzon from James BunThuck, provided the
Contractor has fully complied with the terms and conditions of
the Contract and Specificatiuns.
5. The Work ~o be done comprzses the furnishing of all
materials, equipmenn and labor for doing all work necessary for:
Installation of a t0 inch fire well as see forth in the
Contract Documents
Such Contract Documents are as follows:
Notice to Bidders
Information and Instructions
Specifications
Bid Proposal
to Bidders
6. (a) the Contractor shall supervise and direct the Work,
using his best skill and attention. The Contractor shall be
solely responsible for all consnrustzon means, methods,
technologies, sequences, procedures, and for coordinatinc all
portions of the Work under the Contract.
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(b) Unless otherwise specifically noted, the Connracnor shall
provide and pay for all labor, materials, equipment, tools,
construction equipment, and other facilities and services
necessary for the proper execution and completion of the Work.
lc) The Contractor shall at all times enforce strict discipline
and goad order among his employees, and shall not employ on the
Work any unfit person or anyone not skilled in the task assigned
to him.
(d) The Contractor warrants to the Owner that all materials and
equipment incorporated in the Work will be new unless otherwise
specified, and that all Work will be of good .quality, free from
all faults and defects and in conformance with the Contract
Documents. All work not so conforming to these s~andards may be
considered defective.
~e; The Connractor shall be responsible for the ~cts and
omisslDns Df all his employees and all subconnractors, their
agents and employees and all other persons performing any of the
Work under a contract with the Contractor.
If) The Contractor ~t all times shall keep the premises free from
accumulation of waste materials and rubbish caused by his
operations. At the completion of the Work, Contractor shall
remove all his waste materials and rubbish from and about the
project as well as his tools, conssruction equipmens, machinery
and surplus materials. The Contractor shall not park his
equipment during his operanions so as to interfere with vehicular
and pedestrian traffic.
7. ia) The Contractor shall protect and indemnify the Owner and
Town of Southold by adequate insurance against any loss or injury
~o persons and/or property, and provide and maintain an owner's
protective liability, contractor's public liability and property
damage insurance with solvent insurance companies duly authorized
uo do business within the State of New York, as approved by the
Owner, protecting the 0wner~ Town of Southold, and Contractor
against injuries Dr damage to persons, corporations or proper~y
caused by or resulting from the execution of the Work, or in
consequence of any improper materials, implements, equipment or
labor used therein, or due no any act, omission or neglect of 5he
Contractor or his employees therein.
(b) The Contractor agrees that he shall, pursuant to the Workers'
Compensation Law of the State of New York, secure the payment of
compensation for the benefit of all employees who may be in]ured
or suffer disability in the work contracted zo be performed under
this conrracE and for the benefit of dependents of the employees.
The contractor shall continue to secure the payment of such
compensation during the life of this contract. In the even5 of
the failure of the Contractor 5o secure compensation to the
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employees as aforesaid ged their dependents, or in the evenn of
~he failure no contznue the securmng of such compensation during
the life of this Contract, the Contract shall be and become void
and of no effect, and the Contracnor shall forfeit no the Owner
all paymenns earned under the Contract and the value of all work
done and materials rendered thereunder.
(c) The ContractDr shail comply with the requirements of the
Federal and State Laws providing for social security and
unemployment mnsurance and before final paymenn is received under
this Contract, the Contractor will file with the Owner a verified
statement that all labo~rers and subcontractors have been fully
paid and all laws have been complied with.
8. (a) The Contractor shall keep himself informed of all laws and
municzpal ordinances and regulations mn any manner affecting the
conduct of the work and of all orders of agencies having any
3urisdiction or authority over the same. If any discrepancy or
inconsisnency should be disoovered in this Contract or
Specifications heremn referred no or in relation no any such law,
ordinance, regulation, order or decree, the Contractor shall
forthwith report same in writing no the Owner. He shall an all
times observe and comply with and shall cause all his agents and
employees no observe and comply with all such existing and future
laws, Drdinances, regulations, orders and decrees, and shall
protect and indemnify the Owner against any claim or liability
arising from or by violation of such law, ordinance, regulation,
order or decree, whether by himself or his employees.
(b) The Contractor agrees that he shall post and maintain at each
Df his establishments and an all places an which the public work
described hereunder is being conducted, the Notice of the State
Commission for Human Rights indicating the substantive provisions
of the Law against Discrimination, where complaints may be filed,
and other pertinent information. Such Notice shall be posted in
easily accessible and well lighted places customarily frequented
by employees and applicants for employment.
(c The Contractor will also familiarize himself with the
provisions of the New York State Labor Law which, among other
things, provides as follows:
(i) no laborer, workman, or mechanic in the employ of
the Contractor, subcontractor of other person doing or
connracting to do the whole or a part of the Work
contemplated by the Contract shall be permitted or
required to work more than eight hours in any one
calendar day or more than five days mn any one week
except in the emercencies see forth in the Labor Law.
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ii) Each laborer, workman or mechanic employed by the
Contractor or other person about or upon such public
work, shall be paid non less than the prevailing rate
of wages aT the time the work is performed, as
determined by the fiscal officer. If the prevailing
rate of wa~es er the prevailing practices for
supplements changes after the wage schedule is issued,
each workman, laborer, or mechanic shall be paid not
tess than the new raEes.
(iii, The Con5racnor and every subconTracsor on public
works contracts shall post in a prominent and
~ccessible place on the site of the work a legible
sTatemen5 of all wage rases and supplements as
specified in the Con~rac~ To be paid or provided, as
the case may be, for the varlcus classes of mechanic,
workmen, or laborers employed on the Work.
(iv No employee shall be deemed ~o be an appren£ice
unless individually registered in a program registered
with the New York StaTe Deparrmen~ of Labor. The
atlcwable ratio of apprentices To lourneymen in any
craft classification shall nor be greaEer than the
ratio permitted to the Contractor as ~o his work force
on any jok under the registered program. Any employ%e
who is nor registered as above, shall be paid the
prevailing wage raEe for the classification of work he
ac5uatly performed. The ConEracsor or subcontractor
will be required Eo furnish wri5ten evidence of the
registration of his program and apprentices as well as
the appropriate ratios and wage rates for the area of
construction, prior co using any apprentices un The
conEracT work.
{v) NO conrracLor, nor subcontractor, nor any person
acting on his behalf, shall by reason of race, creed,
color, disability, sex or national origin discriminate
agains5 any citizen of the State of New York who is
qualified and available ~o perform the work ~o which
the employmenE relates.
{vi) No consracEor, nor subcontractor, nor any person
on his behalf shall, in any manner, discriminate
a~ainst or intimidate any employee on accoun~ of race,
creed, color, disability, sex or national origin.
NOTE: The Human Rights Law also prohibits
discrimination because of age, marital status or
religion.
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(vii} There may be deducted from the amount payable re
the contractor under the conmracn a penalty of five
dollars for each calendar day in which such person was
discriminated against Dr intimidated in violation of
the provisions of the contract.
(viii) The contract may be canuelled or terminated by
the State or municipality, and all moneys due or re
become due thereunder may be forfeited, for a second or
subsequen~ violation of the norms and conditions of the
anni-discrimination sections of the connract.
9. {a) The Contractor shall conduct and coordinane his work with
James Bunchuck in such manner as to interfere with traffic as
little as possible. He shall leave an unobstructed passage along
public and private ways for travelers, vehicles, eec. and provide
proper walks over or around any obstruction made in a public
place in carrying out the work.
(b The Contractor shall use every precaution to avoid damage To:
pipes, sewers, conduits, builtings, fences, electrical wires and
other surucnures; and To trees, lawns and other properEy near to
or encountered in his work, excepn as he may be permitted by the
proper parties. In case of damage to such snrucEures or Dther
~rop~rty~_he shall immediately notify the proper parties. He
shall pay for such repairs, or if repairs cannot be
satisfactorily made, he shall pay for damage done.
10. Pursuant ~o the provisions of the 3eneral Municipal Law of
the State of New York, attention is called uo the Contractor that
upon refusal of a person, when called before a grand jury, head
of a sEaEe department, temporary commission or other state
agency, the organized crime task force and the leparrmenu of law,
head of a city department or other city agency, which is
empowered ~o compel the attendance of witnesses in examinine them
under oath, re testify in an investigation concerning any
transaction or contract had with the sraEe, any political
subdivision thereof, a public authcrity or with any public
deparEmenu, a~ency or official of the s~a~e or of any political
subdivision thereof or of a public authority, ~o sign a wazver of
immunity against subsequent criminal prosecution or ~o answer any
relevant question concerning such transaction or con, racE,
(a) such person, and any firm, partnership or corporation
of which he is a member, partner, director or officer shall be
disqualified from thereafter selling ~o or submitting bids to or
recezvzng awards from or entering into any contracts with any
municipal corporation or fire district, or any public department,
agency or official thereof, for goods, work or services foz a
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period of five years after such refusal, and to provide also
that,
(b) any and all contracts made with any municmpal
corporation or any public departmen5, agency or official thereof
Dn or after the first day of July, nineteen hundred fifty-nine or
with any fire district or any agency or official thereof on or
after the first day of September nineEeen hundred sixty, by such
person, and by any firm, partnership, or corporation of which he
is a member, parnner, director or officer may be canceled or
nerminated by the municipal corporation cz fire district for
goods delivered or work done prior Eo the cancellation or
~ermination but any monies owing by the municipal corporation or
fire district for goo~s delivered or work done prior to the
cancell~ation or termination shall be paid.
il. The ContracEor shall have no right or power to assign,
transfer, convey, suble% or otherwise dispose of This Contract,
or his right, title or.interest therein, in whole or in parr, nor
to asszgn any right armszng or moneys due or to grow due
thereunder. No pare of the work embraced by this contracn shall
be sublet or in any way removed from the control of the
Contractor excepE with the written consent of the Owner, but this
provision shall non apply to the purchase and delivery of
materials necessarily manufactured or provided elsewhere.
t2. Each and every employee of the Contractor, and each and
every of his subcontractors engaged in the said Work shall, for
all purposes, be deemed and taken Eo be the exclusive servants of
the Contractor and roe for any purpose or mn any manner in the
employmenn of the Owner. The Contractor shall in no manner be
relieved from the responsibility or liability on accounn of any
fault or delay mn the execution of said work, or any part
thereof, by the aces or omissions of any such employee, or any
subcontractor, or any materialmen whatsoever.
13. tf the Contractor defaults or neglects to carry out the
Work in accordance with the Contracn Documents, or fails t¢
perform any provisions of the Contract, the Owner may, after
seven (7) days written notice no the ContracEoz, and without
prejudice Eo any other remedy it may have, make good such
deficiencies and may deduct the cosn thereof from the payment
then or nhereafter due the Ccntractor or, au its option, may
Terminate the Contract and take possesszon of the site and of all
materials, equipment, tools, and consEruction equipmenn and
machinery thereon owned by the Contracnor and may finish the Work
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by whatever method it may deem expedient, and if the unpaid
balance of the Zontract Sum exceeds the expense of finishing the
Work, such excess shall be paid 5¢ the Contractor, but if such
expense exceeds such unpaid balance, the Contracnor shall pay the
difference ro the Owner.
IN WITNESS WHEREOF, the parties hereno have executed this
agreemenn the day and year first above writnen.
CUTCHOGU.E FIRE DISTRICT
SY~~r i e m~ ~'
Chairman, Board of Fire Commissioners
PECONIC WELL & PUMP INC.
CONTRACT APPROVED:
Southol~d Town S~Iid Waste 'Coordinator
Brian Schleicher, ~ ~e% )~n~7
(Title
J_9~Hua Y.' H6rton
~Suthold Town Supervisor
STATE OF NEW YORK:
COUNTY OF SUFFOLK:
: ss.:
On this day of December, 2002, before me the
undersigned, personally appeared SANFORD FRIEMANN, personally
known 5o me or proved 5o me on the basis of satisfactory evidence
Ec be the individual whose name is subscribed 5o the within
instrument and acknowledced ro me that he executed the same mn
his capacity, and that by his slgna%ure on the instrument, the
individual, Dr the person upon behalf of which the individual
acted, executed the instrument.
Notary Public
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STATE OF NEW YORK:
COUNTY OF SUFFOLK: l~l~,~" ~
On thi~day of before me, the
undersigned,-~personally appeared BRIAN SCHLEICHER, personally
known mo me or proved no me on the basis of sa%isfactory evidence
no be the individual whose'name is subscribed to the within
insmrument and acknowledged no me that ke executed the same mn
his capaclny, and that by his signature on the instrument, the
individual, or the perso~ upon behalf of which the individual
acted, executed the insmrmment.
~N~Public
Yo~k.. 22~0
., ~u~lifi~l in Suffolk County :/
~,nmts.~ Expires I~v. 30, 2'0/~,~
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CONTRACT
THIS AGREEMENT made this day of December,2002, between
the Board of Fire Commissioners of the Cutchogue Fire District,
Town of Southold, Suffolk County, New York, hereinafter referred
~o as the "Owner" and HINCK ELECTRICAL CONTRACTOR, INC., a New
York oo~rporation with place of business at 160 Irish Lane~ Islip
Terrace, New Yo~k 11752, hereinafter referred To as the
"Contractor." The Owner and Contractor agree as set forth below:
1. The Contractor shall perform all of the work required by the
Contract Documents for the installation of electrical service to
a fire ~ell an the Southold Town Landfill, Roune 48, Cutchogue,
New York.
2. The Work to be performed under this Contracn will be
commenced within 30 days of the date of this contracn and
completed within 60 days thereof under the supervision of James
Bunchuck, Southold Town Waste Coordinator.
3. The Owner shall cause the Contractor no be paid by Owner
the Town of Southold for the performance of the Work, the
Contract Sum of:
or
ELEVEN THOUSAND EIGHT HUNDRED FIFTY and 00/100 Dollars
(~11,850.00).
4. The Owner shall cause the above paymen5 to be made within
days after completion and satisfacuory testing of the Work and
written authorization from James Bunchuck, provided the
ConTractor has fully complied with the terms and conditions of
the iontract and Specifications.
5. The Work no be done comprises the furnishing of all
materials, equlpmenn and labor for doing all work necessary for:
Installation of eleotrical servzce for a t0 inch fire well
as set forth in the Contract Documents.
Such
Contract Documents are as follows:
Notice to Bidders
Informatzon and Instructions ~o
Specifications
Bid Proposal
Bidders
6. (a) the Contractor shall supervise and direct the Work,
usmng his best skill and attention. The Contractor shall be
solely responsible for all consEruction means, methods,
technologies, sequences, procedures, and for coordinating all
portions of the Work under the Contract.
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(b} Unless otherwise specifically honed, the Contr~cEor shall
provide and pay for all labor, materials, equipmenE, tools,
construction equipmenE, and other facilities and services
necessary for the proper execution and completion of the Work.
{c) The Contractor shall at all times enforce strict discipline
and good order among his employees, and shall non employ on the
Work any unfit person or anyone non skilled in the task assigned
no him.
d) The Contractor warranns £0 the Owner that all materials and
equzpment incorporated in the Work will be new unless otherwise
specifLed, and that all Work will be of good quality, free from
all faults and defects and in conformance with the Connrac~
Documents. Ail work non so conforming no these standards may be
considered defective.
(e The Contracnor shall be responsible for the acts and
omlssmons of all his employees and all subcontractors, their
agenns and employees and all ether persons performing any ef the
Work under a con,racE with the Contractor.
(f The Contractor an all times shall keep the premises free from
accumulation of wasne materials and rubbish caused by his
operations. At the completion of the Work, Connracror shall
~zemove all his wasne materials and rubbish from and about the
projecn as well as his tools, cons5ruction equipmenn, machinery
and surplus materials. The Contractor shall not park his
equipmenn during his operanions so as no interfere with vehicular
and pedestrian traffic.
7. {a) The Connracnor shall pronecr and indemnify the Owner and
Town of Southold by adequate insurance against any loss or injury
no persons and/or properny, and provide and maintain ~n owner's
protective liability, connracnor's public liability and Droperny
damage insurance with solvent insurance companmes duly authorized
To do business within the Stare of New York, as approved by the
Owner, protecting the Owner, Town of Southold, and Contractor
against mnjuries cz damage no persons, corporations or property
caused by or resulting from the execunmon of the Work, or in
consequence of any improper materials, implements, equipmenn or
labor used therein, or due to any act, omisszon or neglect of the
Contractor or his employees therein.
(b) The Contracnor agrees that he shall, pursuann to the Workers'
Compensation Law of the State of New York, secure the payment of
compensation for the benefit of all employees who may be injured
or suffer disability in the work contracted to be performed under
this connracn and for the benefit of dependents of the employees.
The connractor shall continue no secure the paymenn of such
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compensation during the life of this connracn. In the event of
the failure of the Contractor to secure compensation ro the
employees as aforesaid and their dependents~ or mn the evenn 9f
the failure ro continue the securing of such compensation during
the life Df this Con,tach, the Contract shall be and become void
and of no effect, and the Contractor shall forfeit to the Owner
all payments earned under the Contract and the value of all work
done and materials rendered thereunder.
c~ The Contractor shall comply with the requirements of the
Federal and State Laws providing for social security and
unemployment mnsurance and before final payment is received under
this Contract, the Contractor wLI1 file with the Owner a verified
snarement Lhat all laborers and subcontractors have been fully
paid and all laws have been complied with.
8. {a} The Contractor shall keep himself informed of all laws and
municipal ordinances and regulations in any manner affecmlng the
conduct ef the work and ef all orders ef agencies having any
jurisdiction er authority Dyer the same. If any discrepancy or
inconsistency should be discovered in this Contract or
Specifications herein referred to or in relation me any such law,
ordinance, regulation, order or decree, the Contractor shall
forthwith reporn same in writing to the Owner. He shall am all
times observe_and ~pmply with ant shall 2ause all his agenns and
employees mo observe and comply with all such existing and future
laws, ordinances, re~utations, orders and decrees, and shall
protect and indemnify the Owner agaznst any claim or liability
arising from er by violation of such law, ordinance, regulation,
order or decree, whether by himself or his employees.
b} The Connracroz a~rees that he shall post and maintazn at each
of his establishments and an all places an which the public work
described hereunder is being conducted, the Notice of the State
Commission for Human Rights indicating the substantive provmsions
of nhe Law sgainsn Discrimination, where complaints may be filed,
~nd other pertinent information. Such Notice shall be posted in
easily accessible and well lighted places customarily frequented
hy employees and applicants for employmenn.
{cl The Contracnor will also familiarize himself
previsions of the New York State Laboz Law which,
things, provides as follows:
with the
among other
(i} no laborer, workman, or mechanic in the employ of
the Contractor, subconEracnor Df other person doing or
contracting no do the whole or a part of the Work
contemplated by the Contract shall be permitted or
required to work more than eight hours in any Dne
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calendar day or more than five days in any one week
except in the emergencies se~ forth in the Labor Law.
(ii) Each laborer, workman or mechanic employed by the
Contractor or other person abouE or upon such public
work, shall be paid not less than the prevailing rate
of wages an the time the work is performed, as
determined by the fiscal officer. If the prevailing
rate of wages or the prevailing practices for
supplemenns changes after the wage schedule is issued,
each workman, laborer, or mechanic shall be paid nor
less than Lhe new rases.
iii) The Ccntracto~ and every subcontractor on public
works contracts sha~l 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 Contracn Eo be paid or provided, as
the case may be, for the various classes of mechanic,
workmen, or laborers emplcyed on the Work.
(iv) No employee shall be deemed to be an apprentice
unless individually registered in a program registered
with the New York State Department of Labor. The
~llowable ratio of ap~re~ticesto journeymen in any
craft classification shall non be greamer than the
ratio permitted uo the Contractor as ~o his work force
on any ]ob under the registered program. Any employee
who is non registered as above, shall be paid the
prevailing wage rane for the classification of work he
actually performed. The Contractor or subcontractor
will be required ~o furnish written evidence of the
registration Df his program and apprentices as well as
the appropriate ratios ~nd wage rases for the area of
construction, prior to using any apprentices on the
contrac5 work.
%v) No contractor, nor subcontractor, nor any person
acting on his behalf, shall by reason of race, creed,
color, disability, sex or nauionel origin discriminate
againsn any citizen of the State Df New York who is
qualified and available no perform the work ~o which
the employmenm relates.
(vi. No connracnor, noz subcontracEor, nor any person
on his behalf shall, in any manner, discriminate
a]ainst or intim£date any employee on accounn of race,
creed, color, disability, sex or national origin.
NOTE: The Human Rights Law also prohibits
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discrimination because of age, marital snatus or
religion.
(vii} There may be deducted from the amounn payable
the connracnor under the contract a penalty of five
dollars for each calendar day in which such person was
discriminated against or intimidated in violation of
the provisions of the connracn.
(viii} The connrac~ may be cancelled or terminated by
the State or municipality~ and all moneys due or ~o
become due thereunder may be forfeited, for a second or
Subsequent violation of the terms and conditions of the
anti-discrimination sections of the contract.
9. a The Contracnor shall conduct and coordinate his work with
James Bunchuck in such manner as to interfere with traffic as
little as possible. He shall leave an unobstrucned passage along
public and private ways for travelers, vehicles, eEC. and provide
proper walks over or around any obstruction made in a public
place in carrying our the work.
{b The Contractor shall use every precaution Eo avoid damage to:
pzpes, sewers, conduits, buildings, fences, electrical wires and
Dther structures; and nc Erees, lawns and Qthe~r ~rQ_perty near no
or encountered in his work, excep~ as he may be permitted by the
proper parties. In case of damage no such sEruc~ures or ouher
properuy, he shall immediately notify the proper parties. He
shall pay for such repairs, or if repazrs cannon be
satisfactorily made, he shall pay for damage done.
10. Pursuant ~c the provisions of the General Municipal Law of
the State of New York, arnen~ion is called no the Contractor that
upon refusal of a person, when called before a grand jury, head
of a snare deparnmenn, temporary commissmon or other state
agency, the organized crzme nask force and the department of law,
head of a city department or other city agency, which is
empowered to compel the attendance of witnesses mn examining them
under oath, to testify in an investig~Eion concernzng any
£ransaction or connracn had with the snare, any political
subdivision thereof, a public authority or with any public
department, agency or official of the snare or of any political
subdiviszon thereof or of s public authority, tc szgn a wazver Df
immunity against subsequent criminal prosecution or no answer any
relevant question concerning such nransaction or connrast,
(a) such person, and any firm, partnership or corporation
of which he is a member, parnner, director Dr officer shall be
disqualified from thereafter selling to or submitting bids no or
receiving awards from or entering inno any contracts with any
CON-5
municipal corporanion or fire district, or any public deparnmen~,
a~ency or official thereof, for goods, work or services for a
period of five years after such refusal, and to provide also
that,
(b) any and ~11 conErac~s made with any munzcipal
corperanion or any public deparnmen~, agency or official thereof
en or after the first day of July, nineteen hundred fifty-nIne or
wzth any fire disnrzcE er any agency or official thereof on or
after the firsn day of September nineteen hundred sixty, by such
person, and by any firm, partnership, or corporation of which he
is a member, partner, director or officer may be canceled or
metminated by the munzcipal corporation Dr fire districn for
geo~a delivered or work done prier no the cancellanion or
termLnation but any monies owing hy the munzczpal corporation or
fire district for goods delivered or work done prier to the
cancellation or Eerminatien shall be paid.
11. The Contracnor shall have no right or power ro assign,
transfer, convey, sublet or otherwise dispose of this Ccnnrac~,
or his right, title or interes~ therein~ in whole or in parE, nor
to assign any right arising or moneys due or to grow due
thereunder. No parn of the work embraced by this connracn shall
be suDlet or in any way removed from the control of the
Contractor except with the written consen~ of the Owner, but this
provision shall non apply ~ the purchase and delivery of
materials necessarily manufactured or provided elsewhere.
12. Each and every employee o~ the Contractor, and each and
every of his subcontracnors engaged in the said Work shall, for
all puryoses, be deemed and taken no be the exclusive servanms
the Contracmor and non for any purpose or in any manner ~n the
emptoymenn of the Owner. The Contractor shall in no manner be
relieved from the responsibility or liability on eccounn of any
fault or delay in the execution of said work, or any part
thereof~ by the acrs or omissions of any such employee, or ~ny
subcontractor, or any materialman whatsoever.
~f
13. If the Contractor defaults Dr neglecns to carry out the
Work in accordance with the Contract Documents, or fails no
perform any provisions of the Contracn, the Owner may, after
seven ~7~ days written notice ~o the Connracnor, and without
prejudice no any other remedy it may have, make good such
deficiencies and may deduct the cosn nhereof from the ~aymenn
then or thereafter due the Con~racnor or, an its option, may
terminane the Contract and take possession o~ the site and of all
materials, eqnipment, tools, and consnruction equipment and
machinery thereon owned by the Contractor and may finish the Work
by whatever method it may deem expedient, and if the unpaid
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b~lance of the Contract Sum exceeds the expense of finishing the
Work, such excess shall be paid no the Contractor, but if such
expense exceeds such unpaid balance, the Contractor shall pay the
difference Eo the Owner.
IN WITNESS WHEREOF, the parties hereto have executed this
agreemenn the day and year first above writnen.
CUTCHOGUE FIRE DISTRICT
BY
Sanford
Chairman,
Board of
Fire Commissioners
HINCK ELECTRICAL CONTRACTOR INC.
CONTRACT APPROVED:
~James Bunchnck
Southo3~d Town_Solid. W, eate ,C~ordina ~or
BYJohI~. B~u~!iI°~~e)
~Suh~a ~d 'T o~w°nr f%% per v i so r
STATE OF NEW YORK:
COUNTY OF SUFFOLK:
SS.:
On this day of December, 2002, before me the
un~ersigned, personally appeared SANFORD FRIEMANN, personally
known ~o me or proved no me on the basis of satisfactory evidence
to be the individual whose name ms subscribed to the within
instrument and acknowledged to me ~hat he executed the same mn
his capacity, and that by his signamure om the instrument, the
individual, or the person upon behalf of which the individual
acted, executed the instrument.
Notary Public
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STATE OE NEW YORK:
:
£OUNTY OF SUFFOLK:
SS.:
On this ~ day of December, 2002, before me, the
undersigned, personally appeared JOHN G. BUCK, personally known
5o me or proved 5o me on the basis of satisfactory evidence 5o be
the individual whose name is subscribed to the within znstrumen5
and acknowledged 5o' me that he executed the same in his capacity,
and that by his signature on the instrument, the individual, or
the pemson upon behalf of which the iniividual acted, executed
the instrument.
MARYANNE GANCI
Notary Public, Stats o~ N~w York
No. 4984740
Qualified in Suffojk County
Commission Expires 7~/~
Notary/Public
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