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HomeMy WebLinkAboutCorazzini Asphalt IncRESOLUTION 2010-771 ADOPTED DOC ID: 6235 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-771 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 21, 2010: RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2010-632 dated August 10T 2010 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby approves Change Order #1 to the Fishers lsland Road and Stormwater Improvement Project Contract with Corazzini Asphalt~ lnc. in the amount of~ $18~750.00, subject to the approval of the Town Engineer and Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell CHANGE ORDER PROJECT: Fishers Island Road and Stormwater Improvement Project DATE OF ISSUANCE: September 21, 2010 OWNER: Town of Southold 53095 Route 25 Post Office Box 1179 Southold, New York 11971 CONTRACTOR: Corazzini Asphalt, Inc. Post Office Box 1281 Cutchogue, New York 11935 ENGINEER: Cashin Associates, P.C. 1200 Veterans Memorial Highway Hauppauge, New York I 1788 CHANGE ORDER: Corazzini Asphalt, Inc. is hereby directed to make the following changes in the Contract Documents: DESCRIPTION ADD: Under this Change Order, the Contractor shall add Item 900- Allowance for Fishers Island Ferry District Fees. As agreed to by the Contractor and the Town of Southold, the Contractor will be reimbursed $750.00 for each docking fee assessed by the Fishers Island Ferry District. The quantity of dockings fees to be reimbursed shall not exceed 25. The cost of this work shall not exce~l $18,750.00 This Change Order (Addition) Total: $ 18,750.00 Contract Base Bid: Net Change by This Change Order Revised Contract Sum $ 867,065.00 $ 18,750.00 $ 885,815.00 PREPARED: Engineer APPROVED: AGREED TO: Page 1 of I RESOLUTION 2010-560 ADOPTED DOC ID: 6056 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-$60 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 27, 2010: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Corazzini Asphalt Inc. tb provide road improvement asphalt and drainage services in connection with the Fishers Island Road and Stormwater Improvement Project, at a cost of $867,065, subject to the approval of the Town Attorney, Budget Line H.5110.2.400.200. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell AGREEMENT THIS AGREEMENT, entered into this day of August, 2010, 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 Corazzini Asphalt, Inc. (the "Contractor"), with an address of 6245 Cox Lane, P.O. Box 1281, Cutchogue, New York 11935; 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 all items of work necessary to complete the following project: FISHERS ISLAND ROAD AND STORMWATER IMPROVEMENT PROJECT The above mentioned Items of Work shall be performed in accordance with attached plans & specifications as approved by the Southold Town Board by Resolution 2010-560 and entitled: "FISHERS ISLAND ROAD AND STORMWATER IMPROVEMENT PROJECT" drawn and designed by CASHIN ASSOCIATES, P.C., dated May 5, 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 December 31, 2010. Time of performance is of the essence of this Agreement. ARTICLE 3. ACCEPTANCE AND FINAL PAYMENT Progress payments shall be permitted subject to the payment schedule listed' in the Bid Specifications and shall be required to provide an itemized voucher and payroll certification with each request for interim payment. These payments will be subject to a 5% retalnage over the course o f the project. Upon receipt of written notice that the Contract has been fully performed and an inspection by Cashin Associates and the Town Engineer has certified that the work has been completed to the satisfaction of the Town, the Contractor shall file with the Town Comptroller a final itemized voucher and the Town will pay the Contractor the remaining balance and return the 5% retainage. The Town of Southold will pay the Contractor a total of eight hundred sixty seven thousand sixty five ($ 867,065.00) dollars for there performance in the completion of the scope of work detailed in these plans & specifications. All Necessary Change Orders and/or modifications to this Article shall be subject to the approval of the Southold Town Board and shall be acknowledged by a formal written endorsement. 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 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 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 famish to the Town a Performance Bond wherein the named oblige is the Town. The performance bond's purpose is to secure the faithful performance of thd agreement. The Bond amount shall be $ 867,065.00. 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. 2 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, bank 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 fi.om any of its subcontractors, said bond shall also name the Town as a dual oblige. 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 fi'om other sources and hold the Contractor responsible for any excess costs incurred and deduct fi.om 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, ordinances 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 meet all OSHA and Department of Labor requirements. ARTICLE 7. PERMITS AND REGULATIONS 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 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 3 (d) The Contractor fails to make prompt payment to persons supplying labor for the work; or (e) The Contractor fails or refuses to comply with all applicable laws or ordinances; or (f) The Contractor is guilty of a substantial violation of any provision of this Contract; or (g) 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 fights 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 fight 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 merit. 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, fi:om 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 HARMLESS AGREEMENT The Contractor agrees to indemnify and save the Town, its officers, agents and employees harmless fi:om 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 fi:om 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 corporation without the previous consent in writing of the Town. 4 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 mended forthwith to make such insertion. In particular, the Contractor shall, among other things, fully comply (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 oppommity. (b) Affnmative 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 with 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 witlfin 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. 5 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: Elizabeth A. Neville, RMC, CMC Southold Town Clerk P.O. Box 1179 Southold, NY 11971 To Contractor: Corazzini Asphalt, Inc. 6245 Cox Lane P. O. Box 1281 Cutchogae, NY 11935 ARTICLE 17. WAIVER 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. ARTICLE 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. 6 IN 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 Town of Southold By: Scott A. Russell, Supervisor STATE OF NEW YORK ) ) SS.; COUNTY OF SUFFOLK) By: (Seal of the j By: T, Inc. 'azzini ~rn of Southold) Elizabeth A. Neville, Town Clerk On this Day of August in the year 2010, before me, the subscriber, personally appeared Scott A. Russell who, being by me duly sworn, deposes and says: That he is the Supervisory 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; Notary Public STATE OF NEW YORK ) ) SS..' COUNTY OF SUFFOLK) / On the ~'~ Day of August in the year 2010, before me, the undersigned, a notary public in and for said state, personally appeared Richard Corazzini, 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 instmment ~~-~ ~¢/, Notary Public CONSTANCB LISOWY 7 (hml~fi~l I., ~ffo& Colm~ COmmi~oa Elq~ir~ IUI~ 01, ~012 MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: Ms. Sandi Berliner FROM: Lynne Krauza Secretary to the Town Attorney August 4, 2010 Agreement w/Corazzini Asphalt, Inc. F.I. Road and Stormwater Improvement Project DATE: RE: Please be advised that Lori has reviewed and approved the attached Agreement in connection with the referenced matter. A copy of the resolution authorizing Scott to sign this document is also attached. In this regard, kindly have Scott sign both counterparts where indicated and return to me for processing. Please note that Scott's signature must be notarized and the Town Clerk must witness his signature. Please make sure that Betty affixes the Town's seal to both counterparts. Thank you for your attention. If you have any questions, please do not hesitate to call me. /lk Enclosures J cc: Ms. Elizabeth A. Neville (w/encls.)