HomeMy WebLinkAboutIronwood Industries - Tree installation RESOLUTION 2024-844
ADOPTED DOC ID: 20607
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-844 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 24, 2024:
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal
submitted by Ironwood Industries, Inc., for the procurement and installation of 50-75 trees, in
different varieties to be selected by the Southold Town Tree Committee, in an amount not to
exceed $38,850.00; and be it
RESOLVED that Supervisor Albert J. Krupski, Jr is authorized and directed to execute any and
all agreements in accordance therewith, subject to the review of the Town Attorney. Budget line
A.8560.4.400.200.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Brian O. Mealy, Councilman
SECONDER:Anne H. Smith, Councilwoman
AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans
COVER SHEET FOR DOCUMENTS
Sent To: A6rarao).
Sent By: TOWN ATTORNEY, PAUL M. DECHANCE
DEPUTY T/A, .JACK SQUICCIARINI
ASSISTANT T A JULIE M. MCGIVNEY y
ASSISTANT T/A, BENJAMIN JOHNSON
CONFIDENTIAL SECRETARY, AMY SCHLACHTER
Type Of Agreement:
Roy
TqwNature Of Contract/Agreement _
Yl��
4 +
THIS AGREEMENT made and entered into this ��of October 2024, 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 Ironwood Industries, Inc. (hereinafter referred to as "Contractor") with a mailing
address at PO Box 313, Jamesport, New York 11947, 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 in conjunction with the purchase and installation
of 50-75 trees, of different varieties,throughout the Town of Southold.
2. SPECIFIC SERVICES,
The Contractor shall perform all the tasks as set forth in the Proposal submitted to the Town dated
August 28, 2024 and specifically the scope of work identified on the `Bid Sheet' thereof, a copy of
which is attached hereto as Appendix "A" and made a part hereof, for the total sum not to exceed
$38,850.00. Contractor represents this Appendix"A"quote is per prevailing wage as agreed.
3. TIME AND ATTENDANCE; COOPERATION BY THE TOWN.
The services to be rendered under this Contract shall be completed by November 30, 2024.
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 in 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.
In payment 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 the full amount due upon completion of installation and Town inspection and
approval of plantings. Contractor shall notify Town immediately upon completion. Upon
inspection and approval by Town, Contractor will submit an itemized voucher for work
actually completed 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 and any and all subcontractors performing work, labor or services 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) 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 $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.
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 and its subcontractors, agents, servants and employees 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: Ironwood Industries, Inc.
P.O. Box 313
Jamesport,New York 11947
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 Albert J. Krupski, Jr, its Supervisor, duly authorized
to do so, and to be attested to by Dennis Noncarrow, 'Town Clerk, and the Contractor has caused
its corporate scat to be affixed hereto and these presents to be signed by its President, the day and
year first above written.
TOWN OF SOUTHOLD
By: L
Albert J Krupski,Jr., Supervisor
Ironwood Industries,Inc.
By:
,President
STATE OF NEW YORK}
COUNTY OF SUFFOLK)ss:
On the 2Cof October in the year 2024 before me,the undersigned,personally appeared Albert J
Krupski,Jr.,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,STATE OF NEYVYOlK
Notary Public p Ouaetftd i Su o k CMn64ry.
Commigion EVM April•.�7
STATE OF NEW YORK)
COUNTY OF SUFFOLK)ss:
On the of October in the year 2024 before me,the undersigned,personally appeared
CodT;y�g n c ,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.
SHREE A DWIVEDI
Notaty w York
No.0 pW6141 M
Notary Public Quait ied In Naswu County
My Comrnlaslnn Exp.O V27/2028
�`Lo-�a Y►ze Co rf
f P lV �t 10
BID SHEET
TREE COST: PRICE FOR TREE ONLY IS THE UNIT COST_
TOTAL COST: "UNIT COST"PLUS ALL REQUIRED LABOR,MATERIALS AND
OR ANY OTHER INCIDENTAL EXPENSES REQUIRED FOR THE
PROCUREMENT,INSTALLATION AND CLEAN UP PER TREE.
(Includes tree installation,soil amendments,and plastic deer guard)
UNIT COST TOTAL COST
SYCAMORE(Piatanus oc.) $ 518.00 $ 518.00
LONDON PLANE(Platinus x acerifolia) S 518.00 $ 518.00
LINDEN SILVER(Tilia tomentosa) $ 518.00 $: 518.00
LINDEN REDMOND(Tilia americana) $ 518.00 $ 518.00
LINDEN LITTLELEAF(Tina cordata) S 518.00 $ 518.00
OAK(Quercus rubra)or OAK(Quercus palustris)
S 518.00 $ 518.00
OAK(Quercus alba)(premium) $ 518.00 $ 518.00
HONEYLOCUST(Gleditsia tri skyline) S 618.00 $ 518.00
RED MAPLE(Acer rubrum Redpoint) S 518.00 $ 518.00
RED MAPLE(Acer rubrum October Glory)$ 518.00 $ 518.00
ZELCOVA SERRATA $ 518.00 _ $_ 518.00
CHERRY(Prunus x yedoensis-Yosbino) $ 518.00 $ 518.00
SUM OF TOTAL COST PER TREE $ 6,216.00
ITEMIZED MISCELLANEOUS COST FACTORS $L 0
TOTAL BID $ 6 216-0,0��
**The exact quantity and variety of trees will be set forth 30 days after bid is accepted.
BID SUBMITTED ON must 28 ,2024
CONTRACTOR INFORMATION
Print Name: Cody Diggins
Corporate Title
(if any): President
Company Name: Ironwood Industries,.Inc.
Mailing Address: PO Box 313
Phone Number: 631-831-5942
Email: einad56700mail.com