HomeMy WebLinkAboutFuel Management SystemRESOLUTION 2010-800
ADOPTED
DOC ID: 6259
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-800 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 19, 2010:
RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor
Scott Russell to execute an agreement with L.A. Fritter and Son Inc. to supply a Fuel
Management System in an amount not to exceed $230,000, subject to the approval of the Town
Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Orlando, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
· ' ORIGINAL
AGREEMENT
THIS AGREEMENT, entered into this/~t~ay of March, 2011, 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, P.O. Box 1179, Southold, New
York, and L.A. Fritter & Sons, Inc. (the "Contractor"), with an address at 4908 Creston Street,
Hyattsville, Maryland 20781.
WITNESSETH, that the Town and the Contractor, for the consideration hereinafter named, agree
as follows:
ARTICLE 1. WORK TO BE DONE
The Contractor shall perform the following:
See Schedule A attached hereto.
ARTICLE 2. TIME OF COMPLETION
The services to be rendered under this Contract shall be completed no later than 90 days from the
date of execution. This 90-day time period does not apply to the installation of the AIM 2
modules. Time of performance is of the essence of this Agreement.
ARTICLE 3. ACCEPTANCE AND FINAL PAYMENT
In payment for the services to be performed hereunder by the Contractor and after an itemized
voucher is filed by the Contractor with the Town Comptroller, the Town shall make payments to
the Contractor as follows:
(i)
(2)
(3)
$107,950.50 upon the delivery of all materials set forth in Schedule A;
$29,595.00 upon the setting and installation of equipment and certification by the
Town that the work has been completed to the satisfaction of the Town.
$29,595.00 upon final connection of equipment and employee training on the
equipment.
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 commercial 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. SECURITY FOR PERFORMANCE
The Contractor has agreed, in lieu of providing a performance bond or letter of credit, to permit
the Town to retain ten percent (10%) of each payment under this Agreement for the faithful
performance of its obligations as follows:
1. Phase one -the Town shall retain $10,795.05 of the $107,950.50 billable upon
receipt of materials. Upon receipt of materials the Town shall inspect same and shall
release the amount billed less retainage if all materials appear to be in order.
2. Phase two - the Town shall retain $2,959.50 of the $29,595.00 billable upon setting
and installation of equipment. Upon completion of this work, the Town shall inspect
same and shall release the amount billed less retainage if all work is completed to the
satisfaction of the Town.
3. Phase three - The Town shall retain $2,959.50 of the $29,595.00 billable upon final
connection of equipment and completion of employee training. Upon completion of
this work, the Town shall inspect same and shall release the amount billed less
retainage if all work is completed to the satisfaction of the Town.
4. All retained sums shall be released to the Contractor 6 months after final connection
of equipment and employee training, unless the Town provides the contractor written
notification of defects in the equipment installed.
2
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 or draw upon the retained sums 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.
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 il':
(a)
The Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors;
(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) 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 ora substantial violation of any provision of this Contract;
(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 rights or remedy it may have,
may, with our without cause, by seven (7) days' notice to the Contractor, ternfinate 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 HARMLESS 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 corporation 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.
4
(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 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. The prevailing wage schedules are available at http://wpp.labor.state.nv.us/wpp/public
ViewPWChanges.do, 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. NON-DISCRIMINATION REQUIREMENTS
To the extent required by Article 15 of the Executive Law (also known as the Human Rights
Law) and all other State and Federal statutory and constitutional non-discrimination provisions,
the Contractor will not discriminate against any employee or applicant for employment because
of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic
predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220-e
of the Labor Law, if this is a contract for the construction, alteration or repair of any public
building or public work or for the manufacture, sale or distribution of materials, equipment or
supplies, and to the extent that this contract shall be performed within the State of New York,
Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color,
disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen
who is qualified and available to perform the work; or (b) discriminate against or intimidate any
employee hired for the performance of work under this contract. Contractor is subject to certain
per person per day for any violation of Section 220-e, as well as possible termination of this
contract and forfeiture of all money due hereunder for a second or subsequent violation.
ARTICLE 15. 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 16. 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 October 19, 2010. 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 17. 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
PO Box 1179
Southold, NY 11971-0959
To Contractor:
L.A. Fritter & Sons, Inc.
4908 Creston Street
Hyattsville, MD 20781
ARTICLE 18. 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 19. 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 20. 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.
(Seal of the Town of
Southold)
Attest: By:
E]iza~th A. Neville, Town Clerk
Town of Southold
Sc-otYA. Russell, ~uper'~isor~
L.A. Fritter & Sons, Inc.
By: ~WiWi!lilm F12ery, p r e~ql ~:?
STATE OF NEW YORK:
COUNTY OF SUFFOLK: ss.:
On the Io day of (Y)f~f22_~ in the year 2011, 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 tike
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.
Notary Public
/YNDA M ~
NOTARY PUBLIO, State of New York
NO, 01~J~6020932, Suffolk County
Term Expire~ March 8, 20~
STATE OF ~(~lkf-b~iOal([
COUNTY OF ~: ss.:
On the ~'] ~'~tay of ~'~(Z-((~ in the year 2011 before me, the undersigned, a not~y public
in ~d for said state, personally appe~ed ~1)~ ll~&e~ ~ ~C~ , personally known
to me or proved to me on the basis of satisfactory evidence to be the in(l~ual whose nme is
subscribed to the within instrument and acknowledged to me that he/she executed the same in
his/her capacity ~d that by his/her signature on the instrument, the individual or the person upon
whose behalf of which the individual acted, executed the instrment.
Not~y Public ~[[
L.A. Fritter & Sons, Inc.
4908 Creston Street
w~vw.lafritter.com
Hyattsville, MD 20781
USA
Voice: (301) 773-7800
Fax: (301) 772-3585
QUOTATION
Quote Number: 201741NS/SOUTHOLD
Quote Date: Nov 15, 2019
Page: 1
Quoted To:
' TOWN OF SOUTHOLD
, P.O. BOX1179
631-765-4333/F631-765-1366
SOUTHOLD, NY 11971
TOWN OF SOUTHOLD
631-765-4333/F631-765-1366
SOUTHOLD, NY 11971
Customer ID:
SOUTHOLD
Good ~ru 1 .... PaYment Terms
12/15/10 /
Sales Rep
FLANNE
NON-STOCK
3.00
1.00 NON-STOCK FUELMASTER FMU SATELLITE
2.00 NON-STOCK 199001-HOSE CONTROLLER UPGRADE
1.09 NON-STOCK WIRELESS DATA COMMUNICATION FOR
POLICE STATION
1.00 NON-STOCK CELL PHONE MODEM FOR LANDFILL
3.00 NON-STOCK 941A0103-N ETWORK COMMUNICATION
INTERFACE
1.00 NON-STOCK SEQUEL SERVER SOFTWARE
1.00 NON-STOCK DATA CONVERSION CONVERT
CUSTOMER VEHICLE DATA INTO
FUELMASTER SOFAA/ARE
75.00 NON-STOCK PRO-KEES TO BE UTILIZED FOR NON
OBD EQUIPMENT (MOWERS ETC. )
1.00 NON-STOCK PRO-KEE ENCODER
//~,~ NON-STOCK 941B0420 -AIM 2 VEHICLE MODULES
BASED ON VEHICLE AND EQUIPMENT
LIST) SUBJECT TO CHANGE BASED
UPON TS REQUIREMENTS
1.00 NON-STOCK SOFANARE TRAINING
1.00 NON-STOCK AIM 2 INSTALLATION STAFF TRAINING
ON 10 VEHICLES AT CUSTOMERS SITE
~ NON-STOCK FREIGHT PER AIM II - EXCLUDES
?~ ADDITIONAL CABLES OR CONNECTORS
FOR GPS EQUIPPED VEHICLES
1.00 ~J~4-STOCK TOTAL SHIPPING AND HANDLING
7,996:~ ! 23~-8.00
5,990.00 ! 5,990.00
195.00 ! 390.00
2,500.00 2,500.00
69500 695.00
749.00 2,247.00
2.395.00 2,395.00
1.495.00 1,495.00
4.44 33300
550.00 550.00
230.00 4_~7 6~t~0~
3,200.00 3,200.00
4,995.00 4,995.00
1.50 ~4¢Z~10*
900.00 900.00
Subtotal Continued
Sales Tax Continued
TOTAL Continued
L.A. Fritter & Sons, Inc.
4908 Creston Street
ww'w.lafritter.com
Hyattsville, MD 20781
USA
Voice: (301) 773-7800
Fax: (301) 772-3585
Quote Number: 201741NS/SOUTHOLD
Quote Date: Nov 15, 2010
Page: 2
TOWN OF SOUTHOLD
P.O. BOX 1179
631-765-4333/F631-765.1366
SOUTHOLD, NY 11971
TOWN OF SOUTHOLD
631-765.4333/F631-765-1366
SOUTHOLD, NY 11971
CUstomer ID .... j Good Thru L Payment Terms [ Sales Rep
Quantity Item DesCriPtion
3.00 LA FRI~-ER TERMS INSTALLATION PER SITE
1.00 NON-STOCK PULSER AND METER FOR LANDFILL
PUMP
4.00 NON-STOCK COMPACT SUCTION PUMP WITH
PULSER HIGHWAY SITE
1.00 NON-STOC K ! GASBOY 9153K SINGLE HOSE SUCTION
~, PUMP
1.00 NON-STOCK i HOSE HARDWARE FOR SUCTION
PUMPS
1.00 NON-STOCK SUCT ON PUMP STAND BAKER
INDUSTRIES
1,00 I NON-STOCK ELECTRICAL AND PIPING AS REQUIRED
TO UPGRADE SUCTION PUMPS
1.00 NON-STOCK TRAVEL, LODGING AND ADMIN FOR
PROJECT
3,00 NON-STOCK SITE WORK ANTICIPATED TO UPGRADE
SITES FOR FUELMASTER INSTALLTION
1.00 EXCLUSION 1 PRICING EXCLUDES ANY ENGINEERED
STAMPED DRAWINGS THAT MAY BE
REQUIRED BY LOCAL OR STATE
INSPECTORS.
1.00 EXCLUSION 2 PRICING EXCLUDES UPGRADES TO
EXISTING ELECTRICAL OR REPAIRS TO
ELECTRICAL THAT MAY BE REQUIRED
BY STATE OR LOCAL INSPECTORS .
1.00 1EXCLUSI~3 EXCLUDES PERMITS, MECHANICAL OR
AUTHORIZED ~URE OR PURCHASE ORDER
unit Price Amount
10,125.00
600.00
1,200.00
7,600.00
600.00
799.00
16 000.00
4,700.00
4,597.00
Subtotal
30,375.00
600.00
4,800.00
7,600.00
600.00 i
799.00 1
16,000.00
4,700,00
13,791.00
Continued
Sales Tax Continued
TOTAL Continued
L.A. Fritter & Sons, Inc.
4908 Creston Street
www.rafritter.com
Hyattsville, MD 20781
USA
Voice: (301) 773-7800
Fax: (301) 772-3585
Quote Number: 201741NS/SOUTHOLD
Quote Date: Nov 15, 2010
Page: 3
Quoted To;
TOWN OF SOUTHOLD
P O. BOX 1179
631-765-4333/F631-765-1366
SOUTHOLD, NY 11971
TOWN OF SOUTHOLD
631-765-4333/F631-765-1366
SOUTHOLD, NY 11971
C~t0mer ID I Good 'l~ru I Payment Terms
i' _~ Sales Rep
Net 30 Days J FLANN~
QuantRy
1.00
1.00
Item
EXCLUSION 5
EXCLUSION 7
Description
ELECTRICAL.
EXCLUDES UPGRADES TO PIPING ,
DISPENSER SUMPS, STP SUMPS ,
SPILL BASINS , OVERFILL DROP TUBES
OR OTHER USTCOMPONENTS THAT
MAY BE REQUIRED BY LOCAL
INSPECTOR
EXCLUDES COMPUTER HARDWARE OR
SOFTWARE UPGRADES, OTHER THAN
LISTED ABOVE
Unit Price
Subtotal
Sales Tax
TOTAL
Amount