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HomeMy WebLinkAboutFishers Island Pump StationSouthold Town Board -Letter ~{YBIXY~ +©6 p~;~a i_ Board Meeting of May 20, 2008 RESOLUTION 2008-522 Item # DOC ID: 3900 ADOPTED THIS IS TO CERTIFY THAT THF. FOLLOWING RESOLUTION N0.2008-522 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 20, 2008: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Aereement with Pinder Construction Compapy in connection with improvements to the Fishers Island Pump Station, in the amount of $88,680, all in accordance with the approval of the Town Attorney. ~Q.Y Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski ]r., Wickham, Evans, Russell Generated May 22, 2008 Pagc 28 ORIGINAL CONTRACT AGREEMENT THIS AGREEMENT made this 'o~'-~- day of S /l~~ AD Two Thousand and Eight by and between the Town of Southold, party of the first part (hereinafter called the Owner), and Pinder Construction Comnanv. Inc. , party of the second part (hereinafter called Contractor). WITNESSETH: That for and in consideration of the premises and the agreements herein contained, and the payments herein provided to be made, the parties hereto agree as follows: FIRST: The Contractor shall perform all labor, and furnish all the materials, equipment, tools, and implements and will well and faithfully perform and complete the entire work of constructing the SOUTHOLD TOWN -FISHERS ISLAND, UPGRADE OF WASTEWATER PUMP STATION AND COMMUNITY LEACH FIELD AS DESCRIBED IN THE Contract Documents made and prepared by the Town of Southold, and Diversified Technology Consultants, the project engineers, and as set forth in the Contractor's Bid dated Mav 8, 2008, and in strict and entire conformity and in accordance with the Notice to Bidders, Instructions to Bidders, Proposal Form (Bid), Performance Bond, Conditions of Contract, General Conditions, Detailed Specifications, Contract Drawings, Addenda, and this Agreement, hereto annexed and made a part hereof, and hereinafter collectively referred to as "Contract Documents". SECOND: In Consideration of the Contractor performing this Contract in the manner herein stated and as stated in the Contract Documents, the Owner promises and agrees to pay or cause to be paid to the Contractor the sums of EIGHTY EIGHT THOUSAND SIX HUNDRED AND EIGHTY AND 00/100 DOLLARS ($88,680.00) as provided for in said Contract Documents in the manner and under the conditions therein provided. THIRD: The Contractor covenants and agrees that, anything in this Contract or in the Contract Documents to be contrary notwithstanding, the Contractor shall not be entitled to receive any additional or further sums of money than the amounts in said Contract Documents provided; and the failure of the Owner or its agents to insist upon strict performance of any of the terms, covenants, agreements, provisions or conditions in this Agreement or in the Contract Documents, on any one or more instances, shall not be construed as a waiver or relinquishment for the future of any such terms, covenants, agreements, provisions and conditions and the same shall be and remain in full force and effect with power and authority on the part of the Owner to enforce the same or cause the same to be enforced at any time, without prejudice to any other rights which the Owner may have against the Contactor under this Agreement or the Contract Documents. In the event of any unforeseen conditions, contractor must request approval from the Town Board in advance of performing work associated therewith if payment of additional sums of money will be requested. Terms used in the Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. Neither Owner nor Contractor shall, without the prior written consent of the other, assign or sublet in whole or part his interest under any of the Contact Documents; and, specifically, Contractor shall not assign any monies due or to become due without the prior written consent of the Owner. Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives of the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. Contractor shall start work as promptly as possible after the signing of this agreement, and complete said work in a timely manner according to professional standards and local conditions. The Contract Documents constitute the entire agreement between Owner and Contractor and may only be altered, amended or repealed by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. TOWN OF SOUTHOLD BY Scott A. Russell, Supervisor (CORPORATE SEAL) A-2 Pinder Construction Company, Inc. ACKNOWLEDGMENT STATE OF CONNECTICUT COUNTY OF MIDDLESEX ss: Clinton O /th~ i~he~yeaz 2008 before me, the undersigned, personally appeared, Y .~GF^ ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (aze) 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. k~~ph, ~e '~. v ~ SrU.-e c o~~,•rv,; s5ian exPc~ S ID~31~2a1 Z STATE OF NEW YORK ss: COUNT~Y~ 9F ~ ~~ ~~ ) On the~day of in the ear 2008 before me, the undersigned, personally appeared, ~~{, ~c.(,If~ ~ ~ ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(1~) whose name() is (ara) subscribed to the within instrument and acknowledged to me that hefs~ek~key executed the same in his"--~~.,~meiccapacity(i~), and that by hiss"~r`aie:rsignature(~ on the instrument, the individual(~J, or the person upon behalf of which the individual() acted, executed the instrument. BARBARA ANN RUDDER Notary Public, State of New York No. 4955805 t]ualified in Suflolk Count~~,,II~..~ Commisalon Expires ARrit 14~w' OTARY PUBLIC A-3 PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan n town.southold.ny.ua KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.ua LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold. ny.us ~o~apF SO(/lyo~ • ~O ~~y00UNT1 SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0958 Telephone (631) 76b-1989 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD June 25, 2008 Lynn Pinder, Esq. Reed Wilson &Pinder, LLC 9 Old Post Road Clinton, CT 06413 RE: Town of Southold/Agreement w/Pinder Construction Company Fishers Island Pump Station Upgrades Dear Ms. Pinder: With respect to the referenced matter, I am enclosing an original, fully executed Agreement for your records. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. Very tr y yours, Lynne rauza ~~~~~~~ Secretary to the Town Attorney /Ik Enclosure / cc: Ms. Elizabeth A. Neville, Town Clerk (w/encl. -original) /