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HomeMy WebLinkAboutJB's Asphalt Sealcoating, IncRESOLUTION 2009-554 ADOPTED DOC ID: 5105 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-554 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 30, 2009: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with JB's Asphalt Sealeoating~ Inc. in connection with the reconstruction and resurfacing of a basketball court, on Fishers Island, in the amount of $18,750, all in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell AGREEMENT THIS AGP,EEMENT, made this __ day of ,2009, between the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its principal place of business located at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, hereinafter designated as the "Town", and JB's ASPHALT SEALCOATING, INC., a New York corporation, with offices at 123 Broad Avenue, P, iverhead, New YOrk 11901, hereinafter designated as "Contractor". WITNESSETH: WHEREAS, the Town desires to engage Contractor to render certain professional services herein described in connection with an undertaking. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. The Contractor does hereby agree to perform all of the work outlined in the "Invitation to Bid - Reconstruction and Resurfacing of Basketball Courts at Fishers Island Project", dated May 26, 2009, as per the plans and specifications prepared by James Richter, P,A, Office of the Town Engineer, and annexed hereto and made a part of this Agreement (Exhibit "A"). 2. The Town does hereby agree to pay the Contractor for the work the total sum of Eighteen Thousand Seven Hundred Fifty ($18,750.00) Dollars. The total sum is to be paid to the Contractor within forty-five (45) days of the completion of said work and the acceptance thereof by the Town. 3. All work will be performed and/or supervised by Contractor with a minimum of five (5) years experience in the application and refinishing of basketball court color systems. 4. All installations or applications of specified materials shall be installed as per manufacturer's installation guidelines and minimum specifications. 5. The Contractor shall secure and maintain such insurance that will protect it from claims under the Worker's Compensation Acts and from claims for bodily injury, death or property damage that may arise from the performance of its services under this Agreement, in limits of $1,000,000 and $2,000,000 aggregate liability for bodily injury, $250,000 each occurrence, and property damage, $250,000 each occurrence. The Contractor shall indemnify and hold harmless the Town, Amhitect, Architect's consultants and agents and employees from and against all suits, claims, demands or actions, including, but not limited to, attorneys' fees, for any injury sustained or alleged to be sustained by any party or parties in connection with the alleged negligent perfOrmance or negligent performance in whole or in part by Contractor, its employees or agents or any subcontractor, and in case of any such action brought against the Town, regardless of whether or not such claim is caused in part by a party indemnified, the Contractor shall immediately take charge of and defend same at its own cost and expense. In addition, the Contractor will name the Town as an additional insured on any insurance policies in connection with the work or services provided hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. TOWN OF SOUTHOLD By: Scott A. Russell, Supervisor JB's ASPHALT SEALCOATING, INC. By: James M. Bloss, President STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK) On this day of , in the year 2009, before me personally appeared SCOTT A. RUSSELL, 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 behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK) On this day of , in the year 2009, before me persOnally appeared JAMES M. BLOSS, 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 behalf of which the individual acted, executed the instrument. Notary Public.