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HomeMy WebLinkAboutPolice Dept Chain Link FenceRESOLUTION 2010-401 ADOPTED DOC ID: 5943 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-401 WAS ADOPTED AT TIlE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 1, 2010: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an A~reement with Robert Bohn Contracting~ Inc. in connection with the installation of chain link fence at the Southold Police Department, in the amount of $7,825, all in accordance with the approval of the Town Atton~ey. Elizabeth A. Neville Southoid Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Evans, Russell ABSENT: Christopher Talbot AGREEMENT THIS AGREEMENT, entered into this __ day of ,20~, 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 Robert Bohn Contracting, Inc. (the "Contractor"), with an address of PO Box 876, Southold, NY 1197 i; WITNESSETH, that the Town and the Contractor, for the consideration hereinafter named, agree as follows: ARTICLE 1. WORK TO BE DONE AND CONSIDERATION THEREFOR The Contractor shall perform the following: Install Chain Link Fence at the Southold Police Department Impound Yard, in accordance with the Plans & Specification by James A. Richter, R.A., Office of the Town Engineer, dated February 24, 2010, a copy of which is attached hereto and made a part hereof. ARTICLE 2. TIME OF COMPLETION The services to be rendered under this Contract shall be completed no later than July 30, 2010. Time of performance is of the essence of this Agreement. ARTICLE 3. ACCEPTANCE AND FiNAL PAYMENT Upon receipt of written notice that the Contract has been fully performed .and an inspection by the Town Engineer 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 $$7,825. ARTICLE 4. 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 commemial 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 $1,000,000 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 ali 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 named 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 5. BONDS Prior to the execution of this Agreement, the Contractor shall finnish to the Town a Performance Bond wherein the named obligee is the Town. The performance bond's propose is to secure the faithful performance of the agreement. The Bond amount shall be NA The bond shall be executed by a surety company approved by the Town, authorized to do business in the State of New York and with an office or representative in Suffolk County, New York. The form shall be acceptable to the Town and shall have a term through the completion of services. As an alternative to the Performance Bond, the Contractor may furnish a certified check, bank draft, money order, or a standard form irrevocable letter of credit. Certified check, bar~ draft or money order must be made payable to the order of the Town. The standard form irrevocable letter of credit shall be in a form acceptable to the Town. In the event the Contractor secures a Performance Bond from any of its subcontractors, said bond shall also name the Town as a dual obligee. In the event the Contractor fails to perform its obligations under this Agreement, the Town may terminate such agreement, and the Town may procure the services from other sources and hold the Contractor responsible for any excess costs incurred and deduct from payments owing to the Contractor and/or draw upon the Performance Bond as full or partial reimbursement for such excess costs. ARTICLE 6. 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, o~dinances and regulations which may in any way affect the work or those employed therein. (c) That it is certified and licensed to perform the work described in the Bid Specifications. The Contractor shall provide proof of Certification with the Town Clerk prior to commencement of the project. (d) That the Contractor shall also provide the name of the certified testing laboratory to the Town Clerk prior the commencement of the work. (e) That the Contractor shall meet all OSHA and Department of Labor requirements ARTICLE 7. ~O~t'~'~rre,~,~,,** o AND REGL~AT!ONS The Contractor shall comply with all permits issued to the Town in connection with the services furnished under this Agreement. ARTICLE 8. TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT The Town shall have the right to stop work or terminate the Contract if: (a) The Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors; or (b) A receiver or liquidator is appointed for the Contractor or for any of its property and is not dismissed within 20 days after such appointment or the proceedings in connection therewith are not stayed on appeal within the said 20 days; or (c) The Contractor refuses or fails to prosecute the work or any part thereof with due diligence; or (d) (e) (f) (g) The Contractor fails to make prompt payment to persons supplying labor for the work; or The Contractor fails or refuses to comply with all applicable laws or ordinances; or The Contractor is guilty of a substantial violation of any provision of this Contract; The Town's execution and participation in this contract is found to be in violation of an existing collective bargaining agreement. (h) In any event, the Town, without prejudice to any other rights or remedy it may have, may, with our without cause, by seven (7) days' notice to the Contractor, terminate the employment of the Contractor and its right to proceed as to the work. In such case, the Contractor shall not be entitled to receive any further payment beyond what owed in quantum meruit. ARTICLE 9. DAMAGES It is hereby mutually covenanted and agreed that the relation of the Contractor to the work to be performed by it under this Contract shall be that of an independent contractor. As an independent contractor, it will be responsible for all damage, loss or injury to persons or property that may arise in or be incurred during the conduct and progress of said work, whether or not the Contractor, its agents, or employees have been negligent. 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. 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. The Contractor shall make good any damages that may occur in consequence of the work or any part of it. 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 10. iNDEMNITY AND SAVE HARtMLESS 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. ARTICLE 11. 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 copporation without the previous consent in writing of the Town. ARTICLE 12. 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 otherwise, 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). ARTICLE 13. PREVAILING WAGE RATES REQUIRED BY LAW (a) The parties hereto, in accordance wiih the provisions of section 220(3) of the Labor Law, hereby agree that there shall be paid each employee engaged in work under this Contract not less than the wage rate and supplements set opposite the trade or occupation in which he/she is engaged, as listed on Exhibit A attached hereto and made a part of this Agreement, which are the wage rates and supplements established as the prevailing rate of wages for the work covered by this Contract. (b) Labor classifications not appearing on the schedule of wages can be used only with the consent of the Owner and then the rate to be paid will be given by the Owner after being advised by the Department of Labor. (c) The Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements, as specified in the Contract, for the various classes of mechanics, workingmen/women, or laborers employed on the work. ARTICLE 14. ARBITRATION Should any dispute arise between the Town and the Contractor regarding the manner or sufficiency of the performance of the work, the disputed matter shall be settled by arbitration in accordance with the laws of the State of New York. There shall be three arbitrators, one of whom shall be selected by each of the parties hereto, and the third by the two arbitrators so selected. If the selection of any arbitrator is not made within fifteen (15) days of the time that either party has notified the other of the name of the arbitrator it has selected, then the arbitrator or arbitrators not selected shall be appointed in the manner provided by the laws of the State of New York. The work shall not be interrupted or delayed pending such decision. ARTICLE 15. AUTHORITY FOR EXECUTION ON BEHALF OF THE TOWN The Supervisor has executed this Agreement pursuant to a Resolution adopted by the Town Board of the Town of Southold, at a meeting thereof held on December 15, 2009. Scott A. Russell, Supervisor, whose signature appears hereafter, is duly authorized and empowered to execute this instrument and enter into such an Agreement on behalf of the Town. This instrument shall be executed in duplicate. At least one copy shall be permanently filed, after execution thereof, in the office of the Town Clerk, Elizabeth Neville. ARTICLE 16. 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: James McMahon, Director Department of Public Works PO Box 1179 Southold, NY 11971 To Contractor: Robert Bohn Contracting, Inc. PO Box 876 Southold, NY 11971 ARTICLE 17. WA1VER 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. )~,TICLE 18. 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 19. APPLICABLE LAW This Agreement is governed by the laws of the State of New York. 1N WITNESS WHEREOF, the Town of Southold has caused its corporate seal to be affixed hereto and these presents to be signed by Scott A. Russell, its Supervisor, duly authorized to do so, and to be attested to by Elizabeth A. Neville, Town Clerk, and the Contractor has caused its corporate seal to be affixed hereto and these presents to be signed by its President, the day and year first above written. Town of Southold (Seal of the Town of Southold) Attest: By: El~-zzab~A. Ne-~il~e, Town Clerk Scott~. Russell, Supervisor STATE OF NEW YORK: COUNTY OF SUFFOLK: ss.: On this June &.,q ~f, 2010, before me, the subscriber, personally appeared Scott A. Russell who, being by me duly sworn, deposes and says: That he is the Supervisor~ of the Town of Southold (the "Town"), the municipal subdivision of the State of New York named in and which executed the above and within Instrument; that he knows the seal of said Town and that the seal affixed to said Instrument is the seal of the Town; that it was so affixed by the order of the Town Board of the Town, and that he signed his name thereto by like order; And on the same day before me personally came and appeared Elizabeth A. Neville, Clerk of the Town of Southold, who, being by me duly sworn, deposes and says: that she is the Clerk of the Town; that she knows the seal of said Town; that it was affixed to said Instrument is the seal of the Town; that said Scott A. Russell is the Supervisor of the Town and that the signature on said instrument is the signature of said Scott A. Russell, as Supervisor. LINDA d COOPER NOTARY PUOLIC, State of New York NO. 01C04822563, Suffolk Couqt.y Term Expires December 31, 20 /~'. ,~'~T f~'.~ ('~ ~'~c_./ - / N4t~y P((blic STATE OF NEW YORK: COUNTY OF SUFFOLK: ss.: On the ,~ Day of June in the year 2010 before mq, the undersigned, a notary public in and for said sta~e, -personally appeared '~_~-~- ~O]a ~,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/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed the instrument. Jeanne Sweet Ba~s NOTARY PUBUC, State of New York No. 01BA6210083 Qualified in Suffolk County Commission Expires August ]0, 200 N4t/ary Public Top Cap, Typical ~-------Top Rail, Typical Vinyl Clad Chain Link Fabric - 9 Gage With 2" Mesh. Typical. Intermediate Brace Rail Adjacent to each Gate & ~_ Each Corner. Line Post ~FiNl~BOttom Rail, Typical. H GRADE ~--- 3,000 PSI Concrete Post Encasement. Typical i 10'-0" t Clad Chain Link Fabric - 9 Gage With 2" Mesh. Typical. I I GATE POST: CORNER POST: LINE POST: TOP RAIL: BOTFOM RAIL: BRACE RAIL: TRUSS ROD: 3" Diameter 3" Diameter 2" Diameter 1.5" Diameter 1.5" Diameter 1.5" Diameter 0.5" Diameter SCHEDULE 40 SCHEDULE 40 SCHEDULE 40 FENCE PIPE FENCE PIPE FENCE PIPE SOLID GALV. ROD & TURNBUCKLE NOTES: ALL FENCE POSTS AND RAILS SHALL BE VINYL COATED I HOT DIPPED GALVANIZED. ALL FII-TINGS S~ALL BE HOT DIPPED GALVANIZED, EXCEPT FOR EYE CAPS, CORNER CAPS & RAIL ENDS WHICH SHALL BE CAST ALUMINUM. ALL CHAIN LINK VINYL CLAD WIRE FABRIC SHALL BE TIED TO THE UPRIGHT POSTS, TOP RAIL & BO'FI'OM RAIL WITH 9 GAGE ALUMINUM TIES, SET NO FURTHER THAN 18" O.C. EACH GATE SHALL BE SUPPLIED WITH APPROVED LOCK, CHAIN & TRIPLICATE KEYS. 12'-.0" t 10'- 0" I Stretcher Bar, Typical -- -- 3,000 PSI Concrete Post Anchor Encasement. Provide HOle ~" Diameter Larger & '1" Deeper than Gate Bolt. 3,000 PSI Concrete Post Encasement. Typical -- __ FINISH GRADE : Drawing: 20'x40' 25'x 30' ASPHALT PARKING LOT CHAIN LINK PERIMETER FENCING AT POLICE IMPOUND -- Contractor to Connect New Fence to Existing at All Locations Where Needed or Required. Typical at Four (4) Locations. Existin Fence to be Removed by Others. -- Contractor to Cut and/or Disconnect All Existing Fence to be Removed. Typical at Two (2) Locations. Existing Fence / & Gate to EXISTING POLICE IMPOUND AREA EXISTING POLICE PARKING AREA .I__L...., 100' +/- NEW FENCING + One GATE Gas Pump Wood Frame Enclosure $. 48° 40' oo" w.