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HomeMy WebLinkAboutJohnson Electrical Construction, Corp gUiF<f( RESOLUTION 2018-78 �a SCHEDULED DOC ID: 13632 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-78 WAS SCHEDULED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 2,2018: 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 Johnson Electrical Construction Corp. in connection with traffic light repairs and maintenance along County Route 48, at a cost of$725.00 per month plus an additional $450.00 Bi-annual inspection fee, for a one year term, effective January 1, 2018, subject to the approval of the Town Attorney. R j Elizabeth A.Neville Southold Town Clerk LES -JO � 'S®N� ORP. JOHNSON ELECTRICAL CONSTRUCTION CORP. Agreement between JOHNSON ELECTRICAL CONSTRUCTION CORP. of Hauppauge, New York, hereinafter known as the CONTRACTOR and the TOWN OF SOUTHOLD hereinafter known as the OWNER. WHEREAS the CONTRACTOR agrees to provide a complete service to Traffic Signal and Control Equipment, as listed in attached schedule THE CONTRACTOR AGREES TO: 1st. Make periodic inspections of listed equipment on attached schedule; replace any burned out lamps after notification thereof within four(4)hours. 2nd. Keep this equipment clean; make necessary adjustments; replace any defective or worn parts as necessary to maintain equipment at its highest point of efficiency; to clean reflectors and lens when its lamp is replaced. 3rd. Answer emergency calls after notification from the Owner, or Police or Traffic Authority due to any failure of specified equipment within four(4)hours. 4th. Carry compensation insurance in accordance with the laws of the State of New York as indicated by attached statement and which forms a part of this agreement. 5th. Carry and maintain in force during the life of this agreement, Automobile Liability and Property Damage insurance to cover all trucks and cars used in carrying out the provisions of this agreement, in amounts as indicated by attached statement, and which forms a part of this agreement. 6th. Carry and maintain in force during the life of this agreement, Public Liability and Property Damage insurance to cover his operations carrying out the provisions of this agreement, in the amounts as indicated by attached statement, and which forms part of this agreement. 263 CALEBS PATH, HAUPPAUGE, NEW YORK 11788-4789 / 631-234-8383 / FAX: 631-582-6325 s i The above paragraphs subject to qualifications as follows: (a) Repairs or replacements due to damage caused by accidents or otherwise, or change the location that may be desired or otherwise, or the change necessitated by raising or lowering of grades, or transfer of equipment from old poles to new poles are to be excepted. (b) The responsibility of the contractor shall be limited to the adjustment of the equipment and replacement of minor parts needed, In the event of said equipment failing to operate, we will make repairs to same within a reasonable time after being notified thereof. 7th. The CONTRACTOR shall assume the cost of all minor parts and the service labor involved in replacing such items. It is understood that the value of a minor part shall not exceed twenty dollars ($20.00). Minor parts shall include such items as fuses, lamps, tubes, condensers, resistors, contacts, relay coils, receptacles, pushbuttons, etc. 8th. The OWNER agrees that any replacement part having a retail value of over twenty dollars ($20.00) shall be considered a major item, and the entire cost, plus overhead and profit, of major items, service labor and equipment involved in replacing such items, shall be assumed by the OWNER as an additional charge to this contract. 9th. It is understood that should the present system be expanded or reduced during the life of this agreement, that proportional additions or deductions shall be made at the time, affecting the cost of maintenance rendered. 10th. It is mutually understood and agreed that this agreement will become effective and shall continue in force for a minimum period of one(1) year thereafter for the purpose of avoiding lapses in insurance coverage and to permit CONTRACTOR to carry out an uninterrupted service schedule; this contract will continue in force for like periods of one (1) year, unless canceled in writing by either party to the other, giving thirty (30) days notice of cancellation. 11th. The CONTRACTOR reserves the right to adjust the monthly cost of this service contract at the close of any one (1) year period. 12th. In consideration of the rendering of the aforesaid service the OWNER agrees to pay the CONTRACTOR the sum of$725.00 per month and an additional $450.00 per bi-annual inspections. Burn out of L.E.D. signals will be billed at time and material at time of burn out. Failure of the OWNER to remit monthly payment shall cause IMMEDIATE cancellation of this contract. 2 SIGNALS WITHIN THE TOWN OF SOUTHOLD CR 48 @ Westphalia Avenue CR 48 @ Wickham Avenue CR 48 @ Depot Lane CR 48 @ Horton Lane New Suffolk Avenue @ New Suffolk Road CR 48 @ Cox Lane CR 48 @ Youngs Avenue CR 48 @ Cox Neck/Sound Avenue CR 48 @ Mill Road/Peconic Lane JOHNSON=TRUCTION CORP. By: �a 44 Donald Les 'e Jr P s'd nt Date TOWN OF SO OLD By: D , , ",y Signature Date Print Name and Title This contract becomes effective as of: January 1, 2018 and expires on December 31, 2018. 3 RIDER REGARDING PAYMENT UNDER MUNICIPAL CONTRACTS ll The Town of Southold (hereinafter the "Town") shall pay ,aU hnum o 4a?tWL (hereinafter the "Contractor") upon the submission of a voucher at the appropriate time of billing. Such voucher shall be due and payable within 45 days after receipt of such voucher, but such sum shall not be due and payable by the Town until the Town Board of the Town has received such a voucher and has audited and approved for payment the voucher to be submitted by Contractor in connection therewith. The Town Board shall process any voucher received from Contractor as expeditiously as possible. In the event that the Town disputes or objects to any portion of any voucher submitted by Contractor pursuant to this paragraph, the Town shall, within 30 days of the receipt of such voucher, notify Contractor in writing of such dispute or objection. Contractor acknoivledges that Contractor is familiar with the requirements of section 118 of the Town Law which, in effect, prohibit payment of any of Contractor's claims against the Town unless an itemized voucher therefore shall have been presented to the Town Board or Town Comptroller and shall have been audited and allowed by the Town Board or Town Comptroller. The acceptance by the Contractor of the payment shall be, and shall operate as a release to the Town from all claims and all liabilities to the Contractor for all the things done or furnished in connection with this work and for every act and neglect of the Town and others relating to or arising out of, this Contract, except Contractor's claims for interest upon the final payment, if this payment be improperly delayed. No payment, however final or otherwise, shall operate to F release the Contractor or its sureties from any obligations under this Contract. 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). 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) 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. f Dated: /lib CONTRACTOR TOWN OF SOU HOLD By: By: Cad Name: u SS Officer or Auto ' d ent Title: