HomeMy WebLinkAboutElizabeth Field Airport - Runway Rehab Project Phase II & III - Paving "Q�gpFFOlk�o3t RESOLUTION 2025-255
M.
ADOPTED DOC ID: 21184
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2025-255 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 1,2025:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Albert J. Krupski, Jr. to execute the Agreement between the Town of Southold and
Empire Paving, Inc. for the Fishers Island Elizabeth Field Airport Runway Rehabilitation of
Runway 12-30 -Phase II & III in the amount of$2,455,625.00 in connection.with and FAA AIP
Nos. 3-36-0029-032-2024 (C), subject to the approval of the Town Attorney. Budget Line:
SM.5610.2.000.000.
Denis Noncarrow
Southold Town,Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Anne H. Smith, Councilperson
SECONDER:Brian O. Mealy, Councilperson
AYES: Mealy, Smith, Doherty, Evans, Doroski, Krupski Jr
Elizabeth Field Airport Rehabilitate Runway 12-30—Ph II &III
CONTRACT FORM
THIS AGREEMENT is dated as of the UG day of F�� in the year 2025 by and between
the Town of Southold,New York, a municipal corporation having an address at P.O. Box 1179, Southold,
New York, 11971 (hereinafter called Owner) and Empire Paving, Inc. having an address at 30 Bernhard.
Road,North Haven, CT 06473 (hereinafter called Contractor).
The Fishers Island Ferry District,having an address at P.O. Box H, Town of Southold,New York, shall act
on behalf of The Town of Southold as the Owner's representative for this agreement.
Owner/Owner's representative and Contractor,in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1 -WORK
Contractor shall perform, construct and complete all Work as specified and indicated in the Rehabilitate
Runway 12-30—Phase II &III Contract.
ARTICLE 2-CONTRACT TIMES
2.1 Contract Time. The Work shall be substantially complete within the Contract Time as stated in
General Provisions Section 80-08 "Failure to Complete on Time", and accepted in accordance with
General Provisions Section 50-15 "Final Acceptance". In addition,intermediate stages or sequences
of the Work shall be substantially completed and accepted as in accordance with General Provisions
Section 80-08.
2.2 Damages for Delay in Completion. If the Work is uncompleted after the Contract Time,including
all extensions and adjustments in accordance with General Provisions Section 80-07"Determination
and Extension of Contract Time",the sum stipulated in General Provisions Section 80-08 "Failure to
Complete on Time"will be deducted from any money due or to become due the Contractor or their
surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation
of a reasonable portion of damages including but not limited to additional engineering services that
will be incurred by the Owner should the Contractor fail to complete the work in the Contract Time
provided in this Contract.
ARTICLE 3-CONTRACT PRICE
3.1 The Owner will pay Contractor for completion of the Work in accordance with the Contract for the
Total Bid Alternate No. 2 in the amount of$2,455,625, hereby identified as the Contract Price, as
shown in the Contractor's Proposal, with discrepancies corrected in accordance with General
Provisions Section 30-01 "Consideration of Proposals"if applicable.
3.2 When unit bid price items are included in the Contract Price,the quantities of various units contained
in the Proposal are estimated and payment to the Contractor will be made only for the actual
quantities of units that are incorporated in the Work or materials furnished in accordance with the
plans and specifications, as determined by the Engineer in accordance with General Provisions
Section 90,"Measurement and Payment".
ARTICLE 4-PAYMENT PROCEDURES
4.1 Partial Payments. Partial payments will be made at least once per month based on the Engineer's
estimate in accordance with General Provisions Section 90, "Measurement and Payment". Progress
2018 Contract Form-1
4
Elizabeth Field Airport Rehabilitate Runway 12-30—Ph II &III
payments will be made in accordance with General Provision Section 90-06,"Partial Payments".
4.2 Retainage. From the total of the amount determined to be payable on a partial payment,the amount
specified in General Provisions Section 90-06,"Partial Payments",will be deducted and retained by
the Owner until the final payment is made.
4.3 Final Payment: Final payment will be made in accordance with General Provisions Section 90-09,
"Acceptance and Final Payment".
ARTICLE 5-CONTRACTOR'S REPRESENTATIONS
In executing this Agreement, Contractor makes the following representations:
5.1 Contractor has examined and carefully studied the Contract including Addenda.
5.2 Contractor has visited the site and become familiar with and is satisfied as to the general, local and
site conditions that may affect cost,progress,performance or furnishing of the Work.
5.3 Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that
may affect cost,progress,performance and furnishing of the Work.
5.4 Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or
contiguous to the site and all drawings of physical conditions in or relating to existing surface or
subsurface structures at or contiguous to the site (except Underground Facilities) which have been
identified in the Contract. Contractor acknowledges that such reports and drawings are not part of
the Contract and may not be complete for Contractor's purposes.Contractor acknowledges that Owner
and Engineer do not assume responsibility for the accuracy or completeness of information and data
shown or indicated in the Contract with respect to Underground Facilities at or contiguous to the site.
Contractor does not consider that any additional examinations, investigations, explorations, tests,
studies or data are necessary for the performance and furnishing of the Work at the Contract Price,
within the Contract Times and in accordance with the other terms and conditions of the Contract.
5.5 Contractor is aware of the general nature of work to be performed by Owner and others at the site
that relates to the Work as indicated in the Contract.
5.6 Contractor has correlated the information known to Contractor, information and observations
obtained from visits to the site, reports and drawings identified in the Contract and all additional
examinations, investigations, explorations, tests, studies and data with the Contract.
5.7 Contractor has given Design Engineer written notice of all conflicts, errors, ambiguities or
discrepancies that Contractor has discovered in the Contract and the written resolution thereof by the
Design Engineer is acceptable to Contractor, and the Contract is generally sufficient to indicate and
convey understanding of all terms and conditions for performance and furnishing of the Work.
5.8 If this Project utilizes multiple prime contracts,the Contractor has examined the Contract for all prime
contracts and has acquired sufficient knowledge of the required work of the other prime contractors
to the extent that Contractor clearly understands his own obligations and responsibilities relative to
the other prime contracts.
2018 Contract Form-2
i
Elizabeth Field Airport Rehabilitate Runway 12-30—Ph II&III
ARTICLE 6-CONTRACT
The Contract which comprises the entire Agreement between Owner and Contractor concerning the Work
consists of the following:
6.1 The Proposal with discrepancies corrected.
6.2 This Contract Form.
6.3 The Contractor's Performance Bond and Payment Bond.
6.4 The Contractor's Certificates of Insurance.
6.5 The Notice of Award and Notice to Proceed.
6.6 The General Provisions and the Technical Specifications,which are a part of the Contract.
6.7 The Contract Drawings as listed in the Table of Contents.
6.8 Addenda listed below:
Addendum No. Date
N/A N/A
6.9 There are no documents other than those listed above in this Article 6. The Contract may only be
modified by Supplement Agreement.
ARTICLE 7-MISCELLANEOUS
7.1 Terms used in this Agreement shall have the meanings in the General Provision Section 10,
"Definition of Terms".
7.2 No assignment by a party hereto of any rights under or interests in the Contract will be binding on
another party hereto without the written consent of the party sought to be bound; and specifically but
without limitation, moneys that may become due and moneys that are due may not be assigned
without such consent(except to the extent that the effect of this restriction may be limited by law),
and unless specifically stated to the contrary in any written consent to an assignment no assignment
will release or discharge the assignor from any duty or responsibility under the Contract.
7.3 Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to
the other party hereto, his partners, successors, assigns and legal representatives in respect to all
covenants, agreements and obligations contained in the Contract.
7.4 Any provision or part of the Contract held to be void or unenforceable under any Law or Regulation
shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
Owner or Contractor,who agree that the Contract shall be reformed to replace such stricken provision
or part thereof with a valid and enforceable provision that comes as close as possible to expressing
the intention of the stricken provision.
2018 Contract Form-3
Elizabeth Field Airport Rehabilitate Runway 12-30—Ph II & III
IN WITNESS WHEREOF, Owner and Contractor have signed copies of this Agreement. This Agreement
will be effective on the day and year first above written.
OWNER l
/ , (SEAL)
(Signature)
Albert J. KMski Jr.
(Printed Name)
Town Supervisor
(Printed Title)
OWNE 'S REPRESENTATIVE
(Si ature
George B. Cook
(Printed Name)
District Manager
(Printed Title)
CONTRACTOR:
(SEAL)
1 ompa y Name)
(Signa e)
F
(Printed Name)
r-;
(Printed Title)
2018 Contract Form-4
t
Elizabeth Field Airport Rehabilitate Runway 12-30—Ph II&III
(ACKNOWLEDGMENT OF OFFICER OF OWNER)
STATE OF NEW YORK
SS:
COUNTY OF SUFFOLK
bti
On the q day of 6D6 , in the year 20 A�-,before me,the undersigned,a Notary Public
in and for said State,personally appeared Albert J. Krupski Jr.,personally known to me or proved to me on
the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and
that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which
the individual(s) acted, executed the instrument.
LAUREN M.STANDISH
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01ST6164008 OJJA4 h IL,�
Qualified in Suffolk County ��aa►► c
Commission Expires April9,20�J Notary Public
(ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION)
STATE OF C T
SS:
COUNTY OF YLet.,0r '
On the 420 day of fe-b in the year 202 before me,the undersigned, a Notary Public
in and for said State,personally appeared L LAJ, to
me known, who, being by me duly sworn, did depose and say that he/&/t-hey reside(s) at
P �c�� ( � - In rc;, r1 C7 car`q.05• that
he/sb-dlhe3- is(ar--) the u Cs,� b-�-R— of Gj�r•�y;G`� �C�v i n c; � the
corporation described in and which executed the above instrument; and that he/sh4oAhey know(s) the seal
of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by
authority of the board of directors of said corporation, and that he/she/they signed his/her/their name(s)
thereto by like authority.
�\ 1
N tary Public
JANET SAMPERT
NOTARY PUBLIC- 168600
STATE OF CONNECTICUT
MY COMMISSION EXPIRES FEB.28,2030
2018 Contract Form-5
Elizabeth Field Airport Rehabilitate Runway 12-30—Ph II &III
(ACKNOWLEDGMENT OF CONTRACTOR, IF OTHER THAN A CORPORATION)
STATE OF
SS:
COUNTY OF
On the day of in the year 20_, before me, the undersigned, a Notary Public
in and for said State,personally appeared ,personally known to me
or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are)
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the
person upon behalf of which the individual(s) acted, executed the instrument.
Notary Public
(CERTIFICATE OF OWNER'S ATTORNEY)
I, the undersigned, , the duly
authorized and acting legal representative of the Owner, do hereby certify as follows:
I have examined the foregoing Contract and surety bond and the manner of execution thereof, and
I am of the opinion that each of the aforesaid Agreements has been duly executed by the proper
parties thereto acting through their duly authorized representatives; that said representatives have
full power and authority to execute said Agreements on behalf of the respective parties named
therein; and that the foregoing Agreements constitute valid and legally binding obligations upon
the parties executing the same in accordance with the terms, conditions, and provisions thereof.
Owner's Attorney
Date
END OF CONTRACT FORM
2018 Contract Form-6
COVER SHEET FOR DOW ENTS
anSent To: 0
Sent By: TOWN ATTORNEY, PAUL M. DECHANCE
DEPUTY T/A, JACK SQUICCIARINI
ASSISTANTT/A, JULIE M. MCGIVNEY
ASSISTANT T/A, BENJAMIN JOHNSON
CONFIDENTIAL SECRETARY, AMY SCHLACHTER
a
APR 202 Type Of Agreement: _ a1
s
Nature Of Contract/Agreement