Loading...
HomeMy WebLinkAboutSki, John - Fishers Island Metal Dump grading . , JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 REGISTRAR OF VlTAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 23, 1996: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute an agreement between the Town of Southold and John Ski, Fishers Island, N.Y., to fill and grade certain areas at the Fishers Island Metal Dump to accomplish the completion of the excavation project. ~//~)!~~ rJ;-diiliLI. Te;:;'; 'r1' Southold Town Clerk July 211, 1996 . , ~ c THIS AGREEMENT, made on the 23rd day of Julv , 1996, by and between the Town of Southold, a municipal corporation of the state of New York having its principal place of business at 53095 Main Road, Southold, New York hereinafter called the "Town" and John Ski, Fishers Island, New York, hereinafter called the "Contractor". Whereas, the Town Board of the Town of Southold by Resolution adopted on July 23, 1996, authorized the Town Supervisor to enter into an agreement with the Contractor to perform certain services in connection with the filling and grading at the Fishers Island Metal Dump, Now, therefore, it is mutually covenanted and agreed by and between the parties as follows: I. SCOPE OF SERVICES The Contractor shall perform the services in accordance with the description of those services set forth in the Specifications for the Fishers Island Metal Dump gun Pit Restoration and Final Grading attached as Exhibit A as incorporated herein. II. COMPENSATION The bid price for the services to be furnished by Contractor is Eight Thousand Dollars ($8,000.00) payable upon completion of this work to the satisfaction of the Town Engineer. . , II. CONTRACTOR'S WARRANTIES AND REPRESENTATIONS Contractor makes the following warranties and representations A. Contractor represents that he has access to all the equipment necessary to perform the work described herein and that the equipment costs are included in the contract price. S. Contractor warrants that Contractor shall comply with all federal, state and local laws, ordinances or regulations applicable to all of the services to be performed by the Contractor. C. Contractor agrees to comply with the requirements of the Specifications. IV. INDEMNIFICATION INSURANCE/BONDS A. Contractor agrees to defend, indemnify and save harmless the Town of Southold against any and all liability, loss, damage, detriment, suit, claim, demand, .cost, charge, attorney's fees and expenses of whatever kind or nature which the Town may directly or indirectly incur, suffer or be required to pay by reason of or in consequence of the Contractor carrying out or performing under the terms of the Agreement, or failing to carry out the terms of this Agreement. This obligation shall be ongoing and shall survive the term of this Agreement. S. Contractor shall procure and maintain the insurance described in Exhibit S, attached hereto and incorporated herein, for a period commencing on the date of this Contract and terminating no sooner than ninety days after final . , payment under this contract. All such insurance coverage shall name the Town as an additional insured and shall provide that the coverage shall not be changed or canceled until thirty days written notice has been given to Town. Evidence of coverage shall be provided to the Town Clerk prior to commencement of work. V. FORCE MAJEURE If either party is delayed or prevented from fulfilling any of its obligations under this Agreement due to any act, event or condition, whether affecting the Town, the Contractor, the disposal site, the transportation provides or any of Contractor's subcontractors, to the extent that it materially and adversely affects the ability or either party to perform any obligation hereunder (except for payment obligations), and if such act, event or condition is beyond the reasonable control and is not the result of the willful or negligent action, inaction, or fault of the party relying thereon, the time for fulfilling that obligation shall be extended day-by-day for the period of the uncontrollable circumstance. Such acts or events shall include an act of God or governmental pre-emption of materials or services in connection with a public emergency. VI. SUBCONTRACTS Contractor shall not enter into any subcontracts in connection with the services to be performed by Contractor hereunder without the prior wntten approval by the Town of such subcontracts. All such subcontracts shall make . , express reference to the terms and conditions of the Agreement and shall obligate the subcontractor to comply with all applicable federal, state and local laws, ordinances or regulations relating to the services to be performed under the subcontract. In the event the subcontractor is required to furnish any insurance or bonds for the benefit of Contractor, the Town shall also be named as an additional insured or obligee. VII. PREVAILING WAGE RATES Contractor agrees to comply with the provisions of the New York State Labor Law relating to the payment of prevailing wage rates to the extent applicable, or the applicable State Law in the state of disposal. In the event that at any time during performance under this Agreement the Contractor is required to increase the wages paid to any of its employees as a result of such requiremel'lt, all costs resulting therefrom shall be borne exclusively by Contractor. VIII. DEFAULT In the event the Contractor fails to perform its obligations under the Agreement, the Town may terminate the Agreement, procure the services from other sources and hold the contractor responsible for any costs incurred. The Town also may deduct such costs from payments owing to the Contractor and/or draw upon the Performance Bond as Full or partial reimbursement for such ~ . , excess costS. The Town reserves the right to terminate the Agreement for just cause. IX. MISCELLANEOUS A. This Agreement shall be governed by the laws of the State of New York. B. Contractor shall not assign, conveyor otherwise transfer its rights or obligations under this Agreement without the prior written consent of the Town. C. This Agreement, including the Specifications, represent the entire agreement between the Town and Contractor relating to the Services to be performed hereunder. This Agreement may be modified only by written agreement of Contractor and Town. D. To the extent of any inconsistency among the documents constituting the agreement of the parties, the priority among those documents shall be: '1. This Agreement 2. The Bid Specifications E. Contractor agrees that it is an independent contractor and it, its employees or agents will neither hold themselves out nor claim to be an officer or employee of the Town of Southold nor make claim to any right accruing thereto including, but not limited to, Worker's Compensation, Unemployment Benefits, Social Security or retirement membership or credit. j . I F. If any provision of the Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of the Agreement and this Agreement shall be enforced as if such invalid and unenforceable provision had not been contained herein. G. Contractor agrees that it shall not discriminate and that it shall cause there to be no discrimination against any employee who is employed in the work, or against any applicant for such employment, because of race, religion, color, sex, age, marital status, handicap or national origin in any manner prohibited by the laws of the United States or of the State of New York. x. NOTICES All notices required to be given hereunder shall be made in writing by first class mail addressed as follows: If to the Town: Supervisor of the Town of Southold Town Hall 53095 Main Road Southold, NY 11971 If to the Contractor: John Ski Fishers Island, NY 06390 " . I IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Town of Southold \;) C~, W. Cochran, Supervisor Contractor aM~/\ ~nSki . I SPECIFIC\. nONS FISHERS ISLA.ND METAL DUMP GUN PIT RESTORATION A,'1D FINAL GRADING JUL Y 26, 1996 SITE DESCRIPTION: THE METAL DUMP AREA CONSISTS OF TWO LARGE BUNKERS THAT ARE .-'J'PROXIMATEL Y 20' DEEP THE WESTERL Y BUNKER HAS BEEN PARTIALLY FILLED WlTH SCREENED C & D MA TERlAL PRlMARlL Y CONSISTING OF SAND, SOIL, STONE & CONCRETE DEBRlS. THIS MATERlAL WAS SEPARATED FROM THE ",IETAL DURING THE RECLAMATION OF THE DUMP. THIS MA TERlAL HAS BEEN APPROVED AS CLEAl'\! FILL BY THE NEW YORK STATE DEe. APPROXIMA TEL Y TWEL VE (12") INCHES OF THIS MA TERlAL COVERS THE ENTIRE UPPER SECTION OF THE DUMP AREA THAT IS SURROUNDED ON ALL SIDES BY THE EXISTING TREE LINE OR THE PERIMETER OF THE EAST BUNKER. THIS BUNKER IS TO REMAIN FREE OF ALL DEBRlS. THE REMAINING SCREENED C & D MA TERlAL HAS ALSO BEEN USED TO CREATE A BERM AROUND THE TOP OF BOTH PITS. THE REGRADING AND FINAL RESTORATION OF THE FISHERS ISLAND METAL DUMP SHALL CONSIST OF THE FOLLOWING: 1. REGRADING OF THE ENTIRE UPPER SECTION OF THE DUtvlP AREA. ALL C & D MATERlAL SHALL BE GRADED AND/OR EXCAVATED DOWN TO VIRGIN SOIL AND PLACED OR PUSHED INTO THE WEST BUNKER. THE OVERALL UPPER SECTION OF THE SITE SHALL BE GR.".DED WITH A SLIGHT PITCH IN A SOUTHERLY DlRECTION FOR PROPER DRAINAGE. ~ THE FILL PL\.CED IN THE WEST PIT SHALL BE MECHANICALLY COMPACTED TO CONSOLIDATE THE MATERIAL AND PREVENT UNEVEN AND POTENTIALLY HAZARDOUS SETTLEMENT THE FINAL GRADE OF MA TERlAL SHALL BE SUCH THAT IT MINIMIZES THE POSSIBILITY OF EROSION. ALL FINAL GRADES SHALL BE AS APPROVED BY THE TOWN OF SOUTHOLD. ). STREET SWEEPINGS STOCKPILED AT THE SOUTH BEACH AREA SHALL BE MOVED TO THE DUMP SITE AND PLACED IN THE WEST PIT OVER THE FILL MA TERlAL ..\.S DESCRlBED ..\.BOVE. THIS MATERIAL SHALL BE GRADED AND COMPACTED AS DESCRlBED ABOVE. -l. AFTER ITEMS 1,2 & 3 HAVE BEEN COMPLETED. .-illDITIONAL TOPSOIL AND VIRGIN MATERIAL SURROUNDING THE SITE SHOULD BE GRADED IN SUCH A MANNER AS TO PROVIDE UNIFOR.'\1 SLOPES TO PREVENT STANDING WATER AND MINIMIZE EROSION. '10TE: ALL YIETAL OR FOREIGN DEBRlS ENCOL'CiTERED DURlNG GRADING OPERATIONS SHALL BE SET .00SIDE AT .00N APPROVED LOCATION FOR FUTURE RE:VIOVAL BY THE TOWN. THE CONTR.o.GOR SHALL SUPPL Y .00LL EQUIPMENT SUCH .00S BULLDOZERS. TRUCKS. EXe.o. VA TORS .\ND OTHER ",IECHANle.\L EQUIPMENT 'iECESSARY FOR YIOVING .liL ",fA TERlAL .\ND RE-GRADING THE SITE. THE CONTRACTOR AGREES TO PERFOR.',;I .00LL WORK AND RELA TED ACTIVITIES FOR THE ITEMS AS DESCRlBED .'.BOVE .\ T A COST '\lOT TO EXCEED EIGHT THOUSAND (38.000.00) DOLLARS. EXHIBIT "A" . e . INSURANCE REQUIREMENTS The following Insurance requirements shall be required by the contractor. Contractor's Liability Insurance. The Contractor shall provide and maintain the following insurance in a company or companies licensed to do business in the State of New York. Evidence of such coverage shall be provided to the Town by the Contractor prior to commencement of any work. liability insurance shall include all major divisions of coverage and be on a comprehensive basis Including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specified provision for the Contractors obligations. (5) Owned. non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. The Contractor shall furnish insurance with the following minimum limits: Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $ 100,000. Comprehensive General Liability (Including Premises - Operations; Independent Contractors Protective; Products and Completed Operations; Broad form Property Damage): a. Bodily InJUry: $ 1,000,000 Each Occurrence - $ 1,000.000 Aggregate, Products and Completed Operations. b. Property Damage: $ 250,000 Each Occ:Jrrence $ 250.000 Aggregate c. Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide eVidence of such coverage to the Town on an annual baSIS dunng the Aforementioned period. d. Property Damage Liability Insurance shall include Coverage for the follOWing hazards: C (collapse), U (underground). e. Contractual liability (Hold Harmless Coverage): .. Personal Injury, With Employment ExclUSion deleted: $ 1,000,000 Aggregate. ComprehenSive Automobile Liability (owned, non-owned. hired): a. Bodily InJUry: $ 1,000.000 Each PersonS, ,000.000 Each Acc:dent b. Property Damage: $ 250,000 Eacn Occ:Jrrence. EXHIBIT "B"