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HomeMy WebLinkAboutHeavy Equipment Operator - Fishers Island RESOLUTION2024-919 ADOPTED DOC ID: 20731 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2024-919 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 22,2024: RESOLVED that the Town Board of the Town of Southold hereby amends resolution#2024-880 adopted at the October 8,2024 regular Town Board meeting as follows: RESOLVED that the Town Board of the Town of Southold hereby accepts the following bids for Heavy Equipment with operator: MAIN LAND ONLY Latham Sand and Gravel,Inc. I Furnishing_track loader w/bucket-9,000 lbs $ 1,720.00 2. Furnishing dozer w/blade-13,000 IN 2;000.00 3 Furnishing front end wheel loader w/4 cyCap, bucket 2,160.00 4 Furnishing Excavator w/1 %cy cap.Bucket 1,960.00 5 Furnishing 20 ton crawler crane w/'/cy cap. draaline bucket 2,440.00 or%cy clamshell bucket 6 Furnishing crawler mounted front end loader tiv/3 SX cap. bucket 2,280.00 7 Furnishing 10 wheel dump truck 1,440.00 8 Furnishing off-road articulated dump truck 2,800.00 FISHERS ISLAND ONLY The Toldo Company,Inc 1 Furnishina Excavator w/'/ cv cap.bucket $ 2,800.00 2 Furnishing track loader w/bucket-9,000 lbs 2,200.00 3 Furnishing Dielectric boom truck w/55 ft working height 2,800.00 4. Furnishing all terrain material handler w/telescopic boom 8,500 lbs 2,200.00 5. Furnishing motorized wheeled road grader 2,200.00 6 Furnishing 6 wheel dump truck 1,450.00 7 Furnishing 20 ton 2guigment trailer 550.00 Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski,Councilman SECONDER:Brian O.Mealy,Councilman AYES: Doroski,Mealy,Smith,Krupski Jr,Doherty,Evans RESOLUTION 2024-881 tf ADOPTED DOC ID: 20693 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2024-881 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 8,2024: RESOLVED that the Town Board of the Town of Southold hereby accepts the following bids for Heavy Equipment with operator: MAIN LAND ONLY Latham Sand and Gravel,Inc. 1 $ 1,720.00 2., 2,000.00 3. 2,160.00 4. 1,960.00 5. 2,440.00 6. 2,280.00 7. 1,440.00 8. 2,800.00 FISHERS ISLAND ONLY The Toldo Company,Inc 1. $ 2,800.00 2. 2,200.00 3. 2,800.00 4. 2,200.00 5. 2,200.00 6. 1,450.00 7. 550.00 Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Anne H. Smith, Councilwoman SECONDER;Greg Doroski,Councilman AYES: Doroski,Mealy, Smith,Krupski Jr,Doherty,Evans AGREEMENT THIS AGREEMENT, entered into this Z day of( ,tel er, 2024, by and between the Town of Southold,New York C 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 The Toldo Company,Inc. (the"Contractor"), with a mailing address of PO Box 164, Fishers Island,New York 06390; WITNESSETH,that the Town and the Contractor,for the consideration hereinafter named,agree as follows: ARTICLE 1. WORD TO BE DONE AND CONSIDERATION THEREFOR The Contractor shall furnish Heavy Equipment and Operator services in connection with dredging and other services on Fishers Island,New York as set forth in its proposal bid opened October 3,2024,awarded October 8,2024 and pay schedule attached herewith as Exhibit A. The Contractor will furnish all labor, materials, supplies, equipment and other,si�i!b 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,prohibits 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 per snits 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 party,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. 2024-881 adopted by the Town Board of the Town of Southold,at a meeting thereof held on October 8,2024,as amended by Town Board Resolution No. 2024-919 on October 22, 2024. Albert J. Krupski, Jr., 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 party 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: The Toldo Company,Inc. P.O.Box 164 Fishers Island,NY 06390 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 M 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 Albert J. Krupski, Jr., 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., The Toldo Company,Inc. Town of Southold " 4> By. By: Authorized Agent Albert J.KrLlpski,Jr.,Supervisor Cbnned;cat STATE OF ) )ss.. C1ro Coln COUNTY OF New Logc6 n On this gc day of Beteber in the year 2024 before me,the undersigned,personally appeared �'At�c! 'rg1d(> !�0Personally 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/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual or the person upon whose behalf of which the individual acted,executed the instrument. g HANNAH EALSLEY Notary Public,State of Connecticut My Commission Expires Mar.31,2028 /Xi4xotaryblic �!�e STATE OF NEW YORK) )ss.. COUNTY OF SUFFOLK) mkmily On thisa41 day of Qotebw 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. C�("A I , --M- &,I&h Notary Public JAUREN M.STANDISH NOTARY PUBLIC,STATE OF NEW YORK R istration No.OIST6164006 �ueiified in Suffolk County Wmmieslon ExpirotAprN g, EXHIBIT A COVER�ISHEET FOR DOCUMENTS Sent To: Sent By: TOWN ATTORNEY, PAUL M. DECHANC'E DEPUTY T/A, JACK SQUICCIARINI ASSISTANT T/A, JULIE M. MCGIVNEY ASSISTANT T/A, BENJAMIN JOHNSON CONFIDENTIAL SECRETARY, AMY SCHLACHTER RECEIVED Type Of Agreement: /V DEC 5 ZOed Southold Town Clerk Nature Of Contract/Agreement sevw-ef