HomeMy WebLinkAboutSpadefoot Design & Construction, LLC - Silt Fencing DENIS NONCARROW Town Hall,53095 Main Road P.O.
TOWN CLERK I. G1d Box 1179
Southold,New York 11.971 Fax
REGISTRAR OF VITAL (631)765-6145 Telephone(631)
STATISTICS MARRIAGE OFFICER " 765-1800
RECORDS MANAGEMENT www.soiitholdtowiiny.gov
OFFICER FREEDOM OF "
INFORMATION OFFICER 6,01k 11,
OFFICE OF THE TOWN CLERK
TOWN OF SOUT'HOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2025-537 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 8,2025:
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Spadefoot
Design&Construction,LLC for the following iterns as part of the Great Pond Habitat
Restoration Project:
Installation and maintenance of silt fencing around dewatering area$23 per foot
Hydroraking of invasive phragraites$66,667 per acre
Denis Noncarrow
Southold Town Clerk
RESULT: Adopted
MOVER: Councilman Doroski
SECONDER: Councilman Mealy
AYES: Supervisor Krupski,Jr.,Councilwoman Doherty,Councilwoman Smith,
Councilman Doroski,Councilman Mealy
NAYES: None
AGREEMENT
THIS AGREEMENT, entered into this3�day of�,` e6. r 2025, by and between the Town of
Southold,New York("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
Spadefoot Design& Construction LLC (the"Contractor"), with an address of c/o Frank
Piccininni, 10 Sherwood Drive, Huntington,NY 11743;
WITNESSETH, that the Town and the Contractor, for the consideration hereinafter named, agree
as follows:
ARTICLE 1. WORK TO BE DONE AND CONSIDERATION THEREFOR
Contractor will install approximately 220 feet of silt fencing for a dewatering area site adjacent
to l.,ake Ct, conduct hydro-raking of invasive phragnites from Great Pond and stock pile the
materiel in the dewatering site. Suit fencing will be maintained until dewatering is complete and
then removed.
Disposal of the stockpiled phragmites will be the responsibility of the Town.
A NYS DEC permit is in place for this work and the Contractor will have to comply with this
permit.
The Contractor will furnish all labor,materials,supplies, equipment and other similar
items necessary or proper for,or incidental to,the work contemplated by this Contract, as
required by, and in strict accordance with the above drawings, 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 perform the services from the date the
contract is signed by all parties with completion of the project on or before April 30, 2026. Time
of performance is of the essence of this Agreement.
ARTICLE 3. ACCEPTANCE AND FINAL PAYMENT
Upon receipt of written notice that each phase of the Contract as set forth in this section has been
fully performed and an inspection by the Town to certify that the work has been completed to the
satisfaction of the Town, the Contractor shall file with the Town Comptroller an itemized
voucher and the Town will pay the Contractor a total of$65,000 (as broken down in the schedule
below). Payments will be made on the basis of the actual work completed in accordance with the
following Contract Schedule:
2. Using the applicable price or prices within the Contract and/or Bid and
approved by the Town and the Contractor.
(c) Regardless of the method used by the Town in determining the value of a Change
Order,the Contractor shall submit to the Town a detailed payment breakdown of the
Contractor's estimate of the value of the omitted or extra work.
(d) Unless otherwise specifically provided for in a Change Order, the agreed
compensation specified therein for extra work includes full payment for extra work
covered thereby, and the Contractor waives all rights to any other compensation for
such extra work, damage or expense, including claims for delay, damage or expense.
(e) The Contractor shall and hereby agrees to produce any and all data the Town may
request, including but not limited to, time sheets, certified payrolls, foreman's reports,
daily reports, bills and vouchers of Subcontractors, receiving documents, freight and
trucking receipts, etc.
(f) All change orders shall be processed, executed and approved in the following manner:
(i) if the estimated cost of the extra work is less than $1,000 in the aggregate, a
Change Order Form(attached as Appendix C)must be processed and executed by
the Supervising Department Head;
(ii) if the estimated cost of the extra work is greater than$1,000, then the Change
Order Form (Appendix C)must be executed by the Supervising Department Head
and submitted to the Town Board for consideration and approval by resolution.
The Contractor must submit a detailed explanation of why the Change Order is
needed and must also be submitted to the Town Board prior to its approval. The
Change Order must also be approved by the Town Comptroller and the Town
Attorney. Once this procedure is completed, the Contractor may proceed with the
extra work.
The Town will not accept any alteration to this form and no payment for Extra
Work shall be due the Contractor unless it executes a Change Order on this Form.
(g) If the Contractor claims that any work which the Contractor has been ordered to
perform will be extra work, that the Contractor for any reason cannot comply with the
terms and provisions of the Contract, or that any action or omission of the Town is
contrary to the terms and provisions of the Contract and will require the Contractor to
perform extra work, the contractor shall:
1. Promptly comply with the Town's direction to perform the work which the
contractor claims will be extra work; and
2. Proceed diligently, pending and subsequent to the determli—tation of the Town
with respect to any said disputed matter, with the performance of the work in
accordance with all the instructions of the Town.
(h) No claim for extra work shall be allowed unless it was performed pursuant to change
order duly approved by the Town Board. The Contractor's failure to comply with any
part of this provision shall be deemed to be:
1. A conclusive and binding determination on the part of the Contractor that said
change order, work, action or omission does not involve extra work and is not
contrary to the terms and provisions of the Contract, and
2. A waiver by the Contractor of all claims for additional compensation,time or
damages as a result of said change work; act or omission.
(f) Contractor shall be responsible for securing all permits 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.
ARTICLE 6. 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$2,000,000 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 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 7. 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 or to furnish mechanical maintenance dredging 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 8. PERMITS AND REGULATIONS
The Contractor shall comply with all permits issued to the Town in connection with the services
furnished under this Agreement.
arise in or be incurred during the conduct and progress of said work if the Contractor, its agents,
or employees is determined by a court to have been negligent up to the contract price of this
agreement. 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 for Contractor's negligence as determined
by a court up to the contract price of this agreement. 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 from Contractor's negligence up to the contract price of this agreement. The
Contractor shall make good any damages that may occur in consequence of the work or any part
of it from Contractor's negligence up to the contract price of this agreement. 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 12. 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 his performance of this Agreement up to the contract price of this agreement.
ARTICLE 13. 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 14. 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
otherw-ise,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).
AR, TICLE 18. WAIVER
No waiver of any breach of any condition of the Agreement shall be binding unless in writing
and signed.by the party waiv i ng said breach.No such waiver shall. in any way affect any other
to 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 19. 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 20. APPLICABLE LAW
This Agreement is governed by the laws of the State of New York.
11 � F'ESS WHEREOF, the'rown of Southold has caused these presents to be signed by
J s e
Krupski, Jr., its Supervisor, duty authorized to do so, and the Contractor has caused
presents to be signed by its President, the day and year first above written.
CONTRACTOR
BY:
I Ale)
of South,(,)Id
13y: .........
Albert J. Kmp�kinr�Sunperviso
De, pc,,v,'sO1na,1 y'
er�t ol"
to r)a,',��,
individual or the halofw" 'ch the .iil � i tc ccuted the
in t tne.tat, L
ILNf3I_!L,STAVE OF NCIf
UAL,I 1E IN
70
o Public
STATE OF NEW YORK)
)ss,
COUNTY OF SUF'F'O1;.I4)
CXJ,z,1
On this rdday of S4pw44#r in the year 2025 before me, the undersigned,personally
appeared ALET J. KRUPSKI,J .,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
MICHELLE L TOMASZEWSKI
NOTARY PUBLIC-STATE OF NEW YORK
No. 01T06156671
Qualified in Suffolk County
My Commission Expires 11-27-2026