HomeMy WebLinkAboutFetterville Building @ Highway W® RESOLUTION 2014-651
ADOPTED DOC ID: 9999 A
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-651 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 29,2014:
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of
Fetterville Sales in the amount of$29,750.00 for the construction of the Fetterville Building at
the Town's Highway/DPW Yard and be it further
RESOLVED that the Town Board hereby authorizes and directs Supervisor Scott A. Russell to
sign a contract with Fetterville Sales for same, subject to 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: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
ORIGINAL
AGREEMENT
THIS AGREEMENT, entered into this 7 day of August, 2014, 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 Fetterville Sales
(the "Contractor"), with an address of 245 Fetterville Road, East Earl, PA 17519;
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 provide all materials and services necessary for the construction of a 30'
wide by 52' length by 10' high Fetterville Pole Building at the Town's Highway/DPW Yard located
at 275 Peconic Lane, Peconic, New York, in accordance with the specifications set forth on the
attached Proposal from Fetterville Sales dated June 20, 2014.
ARTICLE 2. TIME OF COMPLETION
The services to be rendered under this Contract shall be completed within 60 days of the Notice
to Proceed. 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 up to a maximum of$29,750.00.
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. 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 6. PERMITS AND REGULATIONS
The Contractor shall apply for and comply with all permits issued by the Town in connection
with the services furnished under this Agreement.
ARTICLE 7. 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) 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;
(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, 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 8. 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 9. 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 10. 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 11. 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 12. 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 which
are the wage rates and supplements established as the prevailing rate of wages for the work covered
by this Contract.
(b) 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 for the various classes of mechanics,
workingmen/women, or laborers employed on the work.
(c) Labor classifications not appearing on the statement 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.
ARTICLE 13. 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 14. 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 July 29, 2014. 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 15. 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,New York 11971-0959
With a copy to: Michael Collins & James Richter, Engineers
Town of Southold
P.O. Box 1179
Southold,NY 11971-0959
To Contractor: Xyleas, _ al Title ?
Fetterville Sales
245 Fetterville Road
East Earl, PA 17519
ARTICLE 16. 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 17. 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 18. APPLICABLE LAW
This Agreement is governed by the laws of the State of New York.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly signed the
day and year first above written.
Townof Sou Id
By:
Sc t A. Russell, Supervisor
Fettervil al
By:
STATE OF NEW YORK )
) ss..
COUNTY OF SUFFOLK)
A (� �� •
On this ? y ofd , 2014, before me personally appeared d► !�/ , 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 she executed the same in her
capacity and that by her signature on the instrument, the individual or the rson n whose behalf
of which the individual acted, executed the instrument.
y Pu
_ Ti.EY
Notary 2NewYork
STATE OF NEW YORK ) QuaIMW in Suffolk County
ss.: Commission Expires Mey 11.Lp/
COUNTY OF SUFFOLK)
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On this 9 day of Jae, 2014, before me personally appeared SCOTT A. RUSSELL,
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 executed the
same in his capacity and that by his signature on the instrument, the individual or the person upon
whose behalf of which the individual acted, executed the instrument.
-440h
Notary Public
LAUREN M.STANDISH
Notary Public,State of Now York
No.01ST6164008
CK*I "In Suffolk County
Commission E*m April 8.2013
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www.fettervillesales.com
30 years experience
Town of Southold June 20,2014
Michael Collins - PROPOSAL -
53095 Route 25
PO Box 1179
Southold,NY 11971
E-mail:michael.collins@town.southold.ny.us
Re:Building Proposal
Dear Michael Collins
Thank you for your Inquiry on a new building to be built by Fetterville Sales.
Below are listed the specifications on which the price is based:
30'width x 52'length x 10'Inside height Pole Building
Roof System:4'o/c trusses Pitch:4/12 Loading:30-5-5
Skirtboard: Treated 2x6
Support Posts:8'o/c Solid 4x6.60 Treated load bearing columns
Siding:29 Gauge Painted Steel-Color Evergreen by Fabaral(Lifetime warranty)
Roofing:29 Gauge Painted Steel-ColorLight Stone by Fabaral(Lifetime warranty)
12"Boxed overhang on 2—sides with vented soffit
1/4"Solex Insulation on Roof for condensation protection
3—9 x 8 Clopay Overhead Raised Panel Doors with Steel-backed Insulation
1—3'x6'8"Fiberglass 9-lite Entry Door
4—3x4 Double-hung insulated Windows with grids between the glass
1—2'Metal cupola(s),Vented and a Black weathervane
NY Prevailing Wages Included
New York Sealed Engineered Pians
Full Ridge vent
This building erected on your level site is$29,750.00.
This price is good for 15 days from the date of this letter.
Thank you and If I can be of any further assistance please feel free to call.
Yours truly,
Brian Smith
Fetterville Sales
245 Fetterville Rd.
East Earl,PA 17519
800-331-1875
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