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HomeMy WebLinkAboutLatham Sand & Gravel - 41245 Route 25 debris removal I RESOLUTION 2025-341 ADOPTED DOC ID: 21261 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2025-341 WAS ADOPTED AT THE REGULAR ME)E:TING OF THE SOUTIIOLD TOWN BOAR® ON APRIL 29, 2025: RESOLVED that the To Am Board of the Town of Southold hereby accepts the bid of Latham Sand & Gravel, Inc. for the removal of a foundation and debris located at 41245 Main Road in the amount of$11,800.00, as outlined in their proposal dated April 22, 2025, said services to be a legal charge to A.1620.4.400.200 and be it further RESOLVED that the Town Board hereby authorizes and directs Supervisor Albert J. Krupski, Jr. to sign a contract with Latham Sand & Gravel, Inc. for same, subject to the approval of the Town Attorney. Denis Nonearrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Councilperson SECONDER:Greg Doroski, Councilperson AYES: Mealy, Smith, Doherty, Evans, Doroski, Krupski Jr THIS AGREEMENT made and entered into this day of May 2025, by and between the Town of Southold (the "Town"), a municipal corporation organized and existing under and by virtue of the laws of the State of New York. (mailing address: c/o Denis Noncarrow, Town Clerk, P.O. Box 1179, Southold, New York 11971-0959), party of the first part, and Latham Sand & Gravel, Inc., (the "Contractor") with a mailing address of P.O. Box 608', Peconic, New York H 958, party of the second part. WITNESSETIJ: '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 removal of a foundation and debris located at 41245 Main Road, Peconic, New York 11958. 2. SPECIFIC SERVICES. The Contractor shall perform all the tasks as outlined in the Proposal(Appendix"A")submitted to the Town dated April 22, 2025, for a sum not to exceed $11,800.00 as authorized by the Southold 'Town Board by adopted resolution 2025-341 on April 29, 2025. 3. TIME AND ATTENDANCE: COOPERATION BY "THE TOWN. The Contractor shall complete the services to be rendered under this Contract within two (2) months of the Contract's execution. The Town agrees to cooperate with the Contractor, as needed, and to provide the Contractor with copies of any records, documents and other information required to perform this Agreement on a timely basis. The Town further agrees to provide the 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 are critical to the successful completion of the project. 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 as set forth in the Proposal. Contractor shall submit an itemized voucher .for work actually completed on a monthly basis 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 the Contractor as expeditiously as practically possible. (c) In the event that the"Town disputes or objects to any portion of any voucher submitted by the Contractor pursuant to this paragraph, the"Town shall,within 30 days of the receipt of such voucher, notify the 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 shall have been presented to the Town Board and Town Comptroller and shall have been audited and allowed by the Town Board and Town Comptroller. 5. TERIM 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 renders 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 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 the said 20-day period, Contractor has not cured said default, the Town may then tenminate this Agreement on . seven days prior written notice to Contractor. Except as prohibited by law, the Town and Contractor waive trial by jury in any litigation arising out of, connected with, or relating to this Agreement. 6. SKILLS OF CONTRACTOR. The Contractor represents that the Contractor and any subcontractor performing work under this Contract shall have the requisite skills and experience to perform the services hereunder. 7. INDEPENDENT CONTRACTOR STATUS. The Contractor and the Town agree that in performing its services hereunder, the 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. $. CONTRACTOR'S INSURANCE:. 1. The Contractor and any and all subcontractors performing work, labor, or services shall not commence work under this Contract until they have obtained all insurance required under this paragraph and such insurance has been approved by the Town. The following are the respective insurance requirements: (a) Compensation Insurance: The Contractor shall take out and maintain workers' compensation insurance for its employees assigned to the work hereunder during the life of this Contract. (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: i. General liability insurance in an amount not less than $2,000,000 for injuries, including wrongful death to any 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. ii. Property damage insurance in an amount not less than $500,000 for damage on account of all occurrences. iii. The Town shall be named as a certificate holder and an additional insured on all policies of insurance. The Contractor shall furnish proof of same to the Town Attorney prior to the commencement of any work under this Agreement. iv. 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 ToAm,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, and/or otherwise disposing of this Agreement or its right, title or interest in this Agreement without prior written consent of the Town. 11. COMPLIANCE WITH STATUTES. The Contractor agrees that the Contractor will comply with all statutes, ordinances, local laws, codes, rules, and regulations that are or may be applicable to the 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: Denis Noncarrow Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971-0959 To Contractor: Latham Sand & Gravel, Inc. P.O. Box 608 Peconic, New York H 958 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.T h e 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 the 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. THE REMAINDER OF TIIIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 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 seal to be affixed hereto and these presents to be signed by its Authorized Agent, the day and year first above written. TOWN OF SOUTHOLD Albert J. Krupski Jr., Supervisor Latham Sand & Gravel, Inc. By: John Hocker, Authorized Agent STATE OF NEW YORK) COUNTY OF SUFFOL.K) ss: On the of SA�� X -in the year 2025 before me,the undersigned,personally appeared Albert J. Krupski Jr., personally lly Ynown to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within the 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. MICHELLE L TOMASZEWSKI NOTARY PUBLIC-STATE OF NEW YORK x; No. 01 TO6156671 Qualified in Suffolk County Notary Public My Commission Expires 11-27.2026 STATE OF NEW YORK) COUNTY OF SUFFOLK) ss: On the/rT of Mon)- in the year 2025 before me,the undersigned personally appeared John Hocker, 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. Regina L.Cartselos CANotary Public-State of New York No.o1CA61g8go8 ota`,Public Qualified in Suffolk County Tliy Commission Expires January 5,2029 Proposal LATHAM SAND & GRAVEL, INC. 1 35 180 Route 48- P.O. Box 608 Pecon ic, NY 1 195 8 (631) 734-6800 FAX (631)734-2318 T Down of Southold,c/o Michael Collins, P.E. 765-1560 April 22.2025 P.O. Box 1179 Foundation Demolition Southold,NY 11971 i 41245 Main Road, Peconic We propose to do the following: 1. Demolish and remove existing house foundation. 2. Remove and dispose of remaining demolition debris. Latham Sand & Gravel will do all of the above work for $11,800. Notes: Fill and grading of property not included. Prevailing wage rules apply. We Pzopos© hereby to furnis,' and laboz - cumplett? In dcrordaoce w..-h above :or the ot., Eleven thousand eight hundred andiVoll 00 dollars. FPayment to be matte as foliows: I Payment due upon completion. All mlacnal isSUAMnItcd lobe uywficd Al:work to be completed in a workm,mlike mantic. A,ithan­d acco'dinp to standard pritictical Any ditq'etitm ur deviation from idinvc specirimnuat inyolvtnt5 extra S'Sotm.re C__ casts will bC%ftvttdonly upon wo!jan orders and� ilf Nts,une rota shame met asd above cnimatc- V.P. All agrrim"mmeonurgsit upon 9=icitnu tit Jc)2v%hantind awcontrol 0%nC'loC.Wr'v ntceswy jjj�orance Out arkefs_Afc fiully wi�cwd bN Wwkme,i'l(70m S2 M1,011 In-tAM may aatithdrasv this proposal iE not act el)ted vt-itlan 30 days. Acceptance of Proposal .The above i)ritv,,51)ecihtation5 and conditiana are i&)tislavtor.%and herch-v aCLtPECJ. You are authorized to(it)the vark is tjwtifieil, Payment:rill lit trial[,,-as outlined above Data of Acceptance Signature: COVER SHEET FOR DOCUMENTS SENT TO: #4y 16 20� s Sent By: TOWN ATTORNEY, PAUL M. DECHANCE DEPUTY T/A, JACK SQUICCIARINI ASSISTANT T/A, JULIE M. MCGIVNEY ASSISTANT T/A, BENJAMIN JOHNSON CONFIDENTIAL SECRETARY, AMY SCHLACHTER Type of Agreement : Cjjq-Ac-- Nature of Contract/Agreement