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HomeMy WebLinkAboutHandiLift Inc RESOLUTION 2013-902 ADOPTED DOC ID: 9422 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-902 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 17,2013: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with HandiLift, Inc., 730 Garden Street, Carlistadt, NJ 07072 in connection with the installation of a handicapped lift, at the Peconic Lane Community Center, in the amount of $22,700, all in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell HANDiLiFT° Handi-Lift, Inc. 730 Garden Street Carlstadt, NJ 07072 800-432-LIFT (5438) ACCESSIBILITY WITH DIGNITY, Est 1975 Fax 201-933-0050 Terms of Contract Owner. Town of Southold Date: October 17, 2013 Site/Project: Town of Southold 1. Acceptance of Proposal. The Owner, by accepting our proposal, hereby accepts the terms of contract set forth herein which shall supersede any conflicting term in any other contract document. Any of the Ownees terms or conditions in addition or different from this terms of contract are objected to and shall have no affect. The submission of a written purchase order or verbal instruction to commence work on the installation of the equipment described in the attached proposal of work shall constitute acceptance of the Terms of Contract as the agreement between the parties. 2. Schedule of Values. Handi-Lift, Inc. (Handi-Lift) will invoice progressively based on the following schedule: Invoice 1 10% Engineering and Mobilization Invoice 2 30% Release for Fabrication (Drawing Approval - DA) Invoice 3 40% Shipment of unit from manufacturer Invoice 4 10% Installation Complete (operational unit) Invoice 5 10% Final Acceptance (Inspection and tum-over) 3. Payment of Values. Al invoices are Not 30-days, regardless of third-party payments, as long as our work has been completed for each value. Payment for Invoice 1 must be received and deposited in order to release unit for fabrication. Payment for Invoice 2 must be paid poor to our authorizing manufacturer to ship unit(s). Payments for Invoice t through 4 (including rotainage), to 90% of total cost, must be received and deposited prior to date of inspection and in order for turnover for use to occur. Final payment (e.g., 10% retainage) must be received and deposited within 30-days of inspection date to activate warranty. Titre to all equipment shall remain with Handi-Lift until all invoices are paid in full. We will work with requisition schedules as long as payment can be turned around in 30 days. Requisitions that must be in on a certain day include work performed or anticipated to be performed to the and of the month of said requisition. Al sums not paid when due shall bear an interest rate of 1.5% par month or the maximum legal rate permitted by law, whichever is less and all costs of collection, including a reasonable attorney's fee, shall be paid by the Owner. The Owner agrees to bear all costs of collection of overdue invoiced amounts, including any agent/attorneys fees incidental thereto. Nothing in this contract agreement shall require Handi-Lift to continue performance if timely payments are not made to Handi-Lift for suitably performed work or aimed materials. 4. Sales Tax. Where applicable, state sales/use tax is included in the price. If the project is tax exempt, Owner must supply tax exemption documentation. If the pmject is not tax exempt, and the tax is not included, it will be billed separately. 5. Contract Cancellation. All contracts are legally binding by midnight of the third business day after the contract is signed. Prior to that time, the Owner may cancel the contract without penalty. The Owner shall indicate, in writing, to Handi-Lift cancellation of this contract, and shall pay a percentage of the full contract to Handi-Lift based on the following event schedule. 10% Contract Award 20% Drawing Presentation 60% Released for Production 80% Upon Shipment 6. Insurance . Our pricing is contingent upon acceptance of our standard insurance limits. Our standard elevator constructors insurance applies: $1,000,000 Each Occurrence and $3,000,000 General aggregated that applies to each elevator/lift we install or service, 51,000,000 Business Auto, and statutory Workman's Compensation. Certificates will follow shortly for your review. N additional coverage is required for your location, the cost of obtaining such additional coverage is an additional charge. If Owner requests additional insurance, it can be provided at cost to the Owner. Handi-Lift has made arrangements to obtain additional excess liability coverage at a cost of $500 per million dollars in additional coverage needed up to a maximum of $5,000,000 in excess liability. Each and every coverage herein certified (including the contractual liability coverage provided for the Indemnity and hold harmless agreement herein set forth or described) is subject to terms, conditions, exclusions and other limitations of the policy period. Nothing contained in the certificate of Insurance shall be deemed to have altered, waived or extended the coverage provided by the provisions of the policy. 7. Warranty. All workmanship is guaranteed against defects for a period of 1 Years from date of inspection unless a planned maintenance agreement is undertaken to extend the warranty. Al material is guaranteed against defects for a period of 1 Years from the date of Inspection. Programs are available to extend the parts and labor warranty beyond one year. Warranty provisions do not go into affect until Hand[-Lift has been paid In full. There is a 30-day grew period after tum-over to receive all invoices paid in full; waranty work will not be performed after the grew period until all invoices are paid in full. Once all payments are received, warranty work will be reinstated. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The exclusive remedy shall be that Handi-Lift will replace or repair any part of its work which Is found to be defective. Handi-Lift will not be responsible for special, incidental, or consequential damages. Handl-Lift shall not be responsible for damage to Its work by other parties or for improper use of equipment by others. Warranty or Planned Maintenance work will only be preformed during regular working hours. Handi-Lift, Inc. Terms of Contract CT LiCA425002 page 1 of 2 Revision 2009.07.06 8. Labor. The price quoted in the attached proposal of work is predicated on the use of Hand!-Lift employees, non-union, for the installation of the equipment, and paid at our standard wage rates for the particular project. Prevailing wage rates will be paid for subject work. This job is a Non-Union/Non-Prevalling Wage job. 9. Delivery Schedule. Delivery shall be made in accordance with the project phasing schedule. Handi-Lift will make every effort to expedite our work. Typically an entire project takes between 10-12 weeks from approval of all submittals to complete. Custom job may take longer. Shop drawings may be expected within 2-4 weeks of acceptance of the proposal. Normal production time for one unit is 6-8 weeks. Allow 2.3 weeks for ground transportation and installation. Inspections can take up to 3-4 weeks depending on the location of the installation. These time estimates are provided for planning purposes only and do not represent a contractual obligation or commitment. The Contractor shall make no demand for liquidated damages for delays or actual damages for delays in any sum in excess of such amount as may be specifically named in this proposal. 10. Working Hours. Work called for herein is to be performed during Handi-Lift's regular working hours. Working hours are 8:00 AM to 4:30 PM Monday through Friday excluding major holidays observed by Handi-Lift. Major Holidays observed by Handi-Lift are New Years Day, President's Day, Memorial Day (Observed), Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving, Christmas Eve, and Christmas Day. Handi-Lift reserves the right to make changes to its working schedule and holidays with or without notice. Warranty or Planned Maintenance work will only be preformed during regular working hours. All installation work performed outside of our regular working hours shall be charged at rates or an amount agreed upon by the parties at the time overtime is authorized. All service work (warranty, non-warranty, and planned maintenance) performed outside of our regular working hours will be charged at after-hours rates. A list of these rates is available upon request. If Owner requests expedited work, additional costs may be incurred and billed to the Owner. 11. jay. Handi-lift shall not be responsible for delays or defaults where occasioned by any causes of any kind and extent beyond its control, including by not limited to: delays caused by the owner, general contractor, architect andlor engineers, permitting agencies, delays in transportation, shortages of raw materials, civil disorders, labor difficulties, vendor allocations, fires, floods, accidents, severe weather conditions, and acts of God. The contract time shall be extended for such reasonable time as necessary. 12. Change Orders. All changes to this agreement shall be by written order signed by both parties in advance of the start of the work noted in the change order. The uses of the Owner's purchase order or purchase order number is for the Owners convenience and identification only. The terms of the agreement supersede the terms of any purchase order received by Handi-Lift. Absenceof a purchase order or purchase order number shall not constitute for grounds for non-payment. 13. Regulations. Variances. Permits & Inspection. Handi-Lift shall comply with all laws, ordinances, rules and regulations bearing on the conduct of the work specified in our proposal. Elevator permits and inspection services are optional. If the option is taken Handi-Lift will include the elevator permit application filing, PE sealed drawings, state and local fees, fees for inspection with elevator weights, and in NJ, registration of the lift with the Stale. If the option is not taken, a copy of the approved elevator permit must be in our possession prior to our release the equipment to be built by the manufacturer. HLl is not responsible for building permits, or any electrical permits that may be required. Unless otherwise specified. the oust to obtain variances, if required, is not included in our proposal. 14. Claims. Any notice or written claim required by the contract documents to be submitted to the Hand!-Lift, on account of charges, extras, delays, acceleration, or otherwise, shall be furnished within a time period, and in a manner to permit Handi-Lift to satisfy the requirements of the contract documents and its contract with the Owner, not withstanding any shorter time period otherwise noted. Nothing in this agreement shall serve to void Handi-Lift's right to file a lien or daim on its behalf in the event that any payment to Handi-Lift is not timely made. 15. Mediation . Should a dispute arise between the parties concerning this contract or performance thereof and the parties cannot resolve said dispute between the parties, the parties agree to attempt to settle the dispute by mediation through the American Arbitration Association. The cost of mediation shall be divided equally by both parties. If the parties are unable to resolve any dispute within thirty (30) days after written notice by either party that wishes to invoke mediation, then ether party may pursue all legal remedies. 16. Material & Services. Handi-Lift agrees to furnish all labor and materials for the completion of all work described in this proposal. Materials that are not accepted upon an attempt to deliver will be stored and scheduled for redelivery at the purchaser's expense. Invoices are payable upon presentation. 17. Acceptance of Work. At the time of completion, the owner or his designated representative will be expected to sign a standard acceptance form, indicating approval of the installation; accepting the responsibility for the distribution of keys; and for supervising and controlling the proper and safe use and operation of the equipment. In conjunction with and as a condition of this acceptance, Handi-Lift will be released from all liability for accident or injury to persons or property except from causes due to direct negligence of Handi-Lift. 18. Planned Maintenance Agreement. Optional Service. Handi-Lift offers a planned maintenanceagreement (PMA) program that is presented as an entirely separate agreement from this proposal and terms of contract. wwwMiridl-ftwiTi . e.Irri6ernwlarAnoaVOn ataaaor tareamr. POSM A"adel ~wmwaACCe.ruskrrra~bermr~rwr wrwA..nnrunt.~lwf true u2saar r1n. aa Hand-LM, Im. Terms of Contract page 2 of 2 Revision 2004.03.09 Garaventa X-Press-E Model Reference Pictures: Total Price: $20,900.00 • Quoted price is subject to review if not accepted within 60 days of the above date • Attached terms and conditions apply • Prices are based on non prevailing wage/ nonunion rates Options: 1. Prevailing Wage Rates: If any public $ is involved what-so-ever. Cost: $ 1,800.00 2. Union Wages: Cost: $ 4,500.00 3. Auxiliary Power System with Battery: Cost: $ 1,700.00 4. Custom Color: Cost: $ 1,600.00 Average Delivery Time: • 14-28 days for ELI drawings and drawing approval • 8 weeks for fabrication • 1 week for shipping • 1-2 weeks for installation and trade coordination Work by Others: • See work by others check list We thank you for the opportunity to submit this proposal and look forward to hopefully working with you on this project. If you have any other questions please do not hesitate call me anytime. Regards, Rich Cafasso Sales Engineer Acceptance: Comnanv U) el Ot ~(J 4,4 Date: l~ / ~v [JAY Accented B Title: S~ Si ature: a- 4514~ Total : www.ttaodl4Rt.com Mwabw M Waft* Asw6sdWaf C4ntr•am•4941M naeoa•n tAwr~§ ar axwx~iy ENY+m•d cm+uhda.r. Ano W lkn (AEAkS) 'd. cTUcarsasM