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pSUFF�� RESOLUTION 2021-585
ADOPTED DOC ID: 17234
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2021-585 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 13,2021:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to accept the proposal of Mattituck Environmental Services, Inc. for
the removal and disposal of construction and demolition debris (C&D) from the Cutchogue
Transfer Station, dated May 26, 2021, and to enter into a contract related to the same, subject to
the approval of the Town Attorney and funded from budget lines authorizations SR
8160.4.400.810 (C&D Disposal) and SR 8160.4.400.817 (C&D Trucking).
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Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Ghosio, Councilman
SECONDER:Jill Doherty, Councilwoman
AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Russell
ABSENT: Louisa P. Evans
S
AGREEMENT
THIS AGREEMENT, entered into this 10 day of2021, 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 Mattituck
Environmental Services, Inc. (the "Contractor"), with an address of 560 Commerce Rd, Cutchogue,
NY 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 handle the removal and disposal of construction and demolition debris
(C&D) from the Cutchogue Transfer Station as set forth in its proposal of May 26, 2021, attached
herewith as Exhibit A. The Contractor will be paid for the hauling by truck and processing of C&D
materials removed from the Town facility at a rate of $95/ton, for the full 5-year base term of the
contract
The Contractor will furnish all labor, materials, supplies, equipment and other similar
items necessary or proper for, or incidental to, the work contemplated by this Contract, as
required by, and in strict accordance with such changes as are ordered and approved pursuant
to this Contract.
ARTICLE 2. TIME OF COMPLETION
The services to be rendered under this Contract shall commence August 9, 2021 after execution
of the contract by all parties Time of performance is of the essence of this Agreement.
ARTICLE 3. ACCEPTANCE AND FINAL PAYMENT
Upon completion each calendar month of work contemplated under this Contract the
Contractor shall file with the Town an itemized voucher for said work, and upon approval of such
voucher by the Solid Waste Coordinator and the Town Comptroller, the Town will pay the
Contractor for work performed. Payments will be made on the basis of the actual work completed in
accordance with the Contract. Contractor will be paid the amount of $95 per ton of C&D waste
removed from the Town facility, as accrued each month, as submitted in the Contractor's
bid/proposal for this work.
The Town shall pay the Contractor upon the submission of a voucher at the conclusion of each
calendar month. 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 acknowledges 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 final 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 release the
Contractor or its sureties from any obligations under this Contract.
ARTICLE 4: CONTRACTOR'S OBLIGATIONS
(a) The Contractor shall be responsible for the full and correct performance of the Work
required by this Contract within the time specified herein, including work of the
Contractor's Subcontractors, and any errors therein shall be corrected at the Contractor's
own cost and expense. In addition, the Contractor shall indemnify the Town for any costs
or expenses attributable to errors in performance by the Contractor or the Contractor's
Subcontractors.
(b) The Contractor agrees that the Contractor shall protect and shall be solely responsible for
all labor and material provided for under this contract, whether or not the same may be
erected in place, and for all its plans, tools, equipment, materials, tools of the Contractor's
employees and agents, etc. for all adjoining private and public property, and all existing
Work on the Project Site, which may be damaged by the Contractor's Work. In no event
shall the Town be liable to the Contractor for loss of, pilferage, or damage to any of the
same. In the event of said labor and materials, plant, tools or equipment, etc., are
damaged, lost or destroyed by reason of fire, theft (irrespective of the negligence of the
parties hereto or others), civil commotion, riot, insurrection, violence, war, acts of God,
etc., the Contractor's responsibility therefore shall be absolute, and the Contractor shall
replace, repair, rebuild, and make good any and all said damage or loss of any and all
kinds whatsoever.
(c) Contractor shall be responsible for securing all permits required to perform the Work
and/or required by the applicable laws, regulations, ordinances, etc., and maintain the
validity of all such permits throughout the contract duration, if any. Contractor agrees to
fizrnish to the Town a complete list of subcontractors to be used in the performance of
work under the Contract, including trucking companies, recovery and processing
facilities, recycling facilities handling materials recovered for recycling, and disposal
facilities for residual waste disposed after recyclables recovery. Contractor further agrees
to notify the Town in writing of any changes in subcontractors used in the performance of
work under this Contract.
ARTICLE 5. 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 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 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) Contractor agrees to maintain a performance bond in the amount of$1,000,000 as surety
for the Town to secure alternate performance of work under this Contract should the
Contractor fail to meet its obligations hereunder
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 S. NO DAMAGES FOR DELAY
The contractor agrees to make no claim for increased costs, charges, expenses or
damages for delay in the performance of this Contract, or for any delays or hindrances fiom any
cause whatsoever, and agrees that any such claim shall be fully compensated for by an extension in
the time for substantial and/or final completion of the work. Should the Contractor be or anticipate
being delayed or disputed in performing the work hereunder for any reason, it shall promptly, and in
no even more than two (2) business days after the commencement of any condition which is causing
or threatening to cause such a delay or disruption, notify the Town in writing of the effect of such
condition stating why and in what respects the condition is causing or threatening to cause such delay
or disruption. Failure strictly to comply with this notice requirement shall be sufficient cause to deny
Contractor a change in Schedule and to require it to conform to the Schedule then in effect.
ARTICLE 9. 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 properly and is
not dismissed within 20 days after such appointment or the proceedings in 1connection
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 10. 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 11. 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 its performance of this
Agreement.
ARTICLE 12. 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 13. 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 parry, 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 14. PREVAILING WAGE RATES REQUIRED BY LAW
(a) The parties hereto, in accordance with the provisions of section 220(3) of the Labor
Law, if applicable, 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.
ARTICLE 15. AUTHORITY FOR EXECUTION ON BEHALF OF THE TOWN
The Supervisor has executed this Agreement pursuant to Resolution No. 2020-592 adopted by
the Town Board of the Town of Southold, at a meeting thereof held on September 22, 2020. 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 parry hereto:
To Town: Elizabeth A.Neville, RMC, CMC
Southold Town Clerk
P.O. Box 1179
Southold,NY 11971-0959
With Copy To: Jim Bunchuck, Solid Waste Coordinator
P.O. Box 1179
Southold,NY 11971-0959
To Contractor: Mattituck Environmental Services Inc.
560 Commerce Rd.
Cutchogue,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.
IN WITNESS WHEREOF, the, Town of Southold has caused these presents to be signed by
Scott A. Russell, its Supervisor, duly authorized to do so, and the Contractor has caused these
presents to be signed by its President,the day and year first above written.
Mattituck E onmental Serv' TowjofS old
By• By: W 0A
(Name) (Title) Scott A. Russell, Sup .rvisor
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
� �
_ On this\0 day of in the year 2021 before me,the undersigned,personally appeared
(Name)the(Ow t\&_C (title) and authorized agent of Mattituck Environmental
Services, Inc., 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, uted the instrument.
Notary Public
Rose Ruck
STATE OF NEW YORK) NOTARY PUBLIC-State of New York
No. 01 RU6396462
ss.: Qualified in Suffolk County
COUNTY OF SUFFOLK) Commission Expires August 192E
On this canday oft ns he year 2021 before me, the undersigned,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.
Notary Pu
MICHELLE L TOMASZEWSKI
NOTARY PUBLIC-STATE OF NEW YORK
No.01T06156671
Qualified in Suffolk County
My Commission Expires 11-27-2022
EXHIBIT A
0
SOUTHOLD TOWN SOLID WASTE MANAGEMENT DISTRICT
REQUEST FOR PROPOSAL
Hauling and Disposal of Construction and Demolition Waste
Date: April 29, 2021
The Town of Southold (herein referred to as "Town") hereby requests proposals (Proposal) from
companies (Contractor) to provide Construction and Demolition Waste (C&D Waste) hauling and
disposal services. The services include, but are not limited to, a) hauling approximately three
thousand five hundred (3,500) tons of C&D Waste annually from the Southold Town Solid Waste
Transfer Station (SWTS) located at 6155 Cox Lane, Cutchogue, NY 11935 to a permitted and
regulatory compliant disposal facility (Disposal Facility), and b) disposing the waste at such Facility.
Hours of Operation
SWTS is open to the public and commercial haulers seven (7) days a week from 7:00 am — 5:00 pm,
except holidays which are as follows:
TABLE 1
HOLIDAY CLOSED DATE
New Years Day January 1
Martin Luther King, Jr., Day Varies
Presidents Day Varies
Easter Sunday Varies
Memorial Day Varies
Independence Day July 4
Labor Day Varies
Columbus Day Varies
Election Day Varies
Veterans Day November 11
Thanksqivinq Eve (Closes Varies
12 NOON
Thanksgiving Day Varies
Christmas Eve (Closes 12 December 24
NOON
Christmas Day December 25
New Year's Eve (Closes 12 December 31
NOON
Request for Proposal Page l of 10
Mauling and Disposal of Construction and Demolition Waste
Southold Town Solid Waste Management District
RFP: Hauling and Disposal of Construction and Demolition Waste
Southold Town Solid Waste Management District
Date: April 29, 2021 �o
1.0 SCOPE OF SERVICES AND CONTRACT REQUIREMENTS
A. The Town desires a Contractor that can provide C&D Waste hauling and disposal services. The
proposed term of this agreement is five (5) years, with a mutual option for two (2) additional years,
renewable individually. The term begins on or around August 6, 2021, and concludes on or around
August 5, 2026 (unless an option year is enacted).
B. The contract may contain a provision providing for defaults in the service of the contract. A thirty
day (30-day) notice will be given to cure all defaults in the service of the contract or an option of
termination will be used.
C. Proposals received pursuant to this RFP should specify any price adjustments on an annual basis
in accordance with the Consumer Price Index or other such adjustment.
D. Contractor will provide an adequate number of trailers or containers to contain and store the C&D
Waste designated for transportation during the working day, or to otherwise store the C&D Waste at
SWTS pending transportation. Drivers will be required to inspect their trailers prior to leaving SWTS
and report any trailer damage to onsite SWTS representatives before leaving SWTS with the
respective trailer. The Town will not accept responsibility for unreported trailer damage once the
trailer leaves SWTS.
E. The Town will provide a vehicle to move trailers only (empty and full) between the designated
loading and storage areas at SWTS. Trailer hookups or attachments shall be consistent with the
vehicle provided by the Town. Proposals received in response to this RFP that include use of
roll off containers must include provisions for moving such containers on the SWTS site as
the Town does not own any vehicle capable of moving roll-off containers.
F. Contractor shall take title to and ownership of the C&D Waste upon connection of the Contractor's
tractor to the loaded trailer at SWTS. The Contractor is solely responsible for: a) any cleanup costs
for spillage, b) litter control, c) liabilities arising out of accidents, and, d) any fees or fines connected
with operations, transport, or unloading. Further, the Contractor shall take title to and ownership of the
C&D Waste upon its delivery to the Disposal Facility and is solely responsible for: a) its disposal after
that time, b) any future closure and post closure costs, c) liabilities arising out of accidents, releases,
or remediation activities, and d) any fees or fines connected with the Disposal Facility's operations.
G. Contractor will abide and adhere to the SWTS Solid Waste Ordinance and the Solid Waste
Operation Plans when applicable.
H. Contractor and any of their subcontractors must comply with all rules and regulations established
by local, state and federal laws. The Contractor shall be responsible for all permits required to-provide
this service.
I. The Town reserves the right to close SWTS during extreme adverse weather 'conditions or
emergency situations.
Request for Proposal Page 2 o 10
Hauling and Disposal of construction and Demolition Waste
Southold Town Solid Waste Management District
O��SUFFO(q-Co
RFP: Hauling and Disposal of Construction and Demolition Waste y m
Southold Town Solid Waste Management District
Date: April 29, 2021
J. Contractor shall designate a contact person or persons and provide telephone number where the
designated contact(s) can be reached at all times, including holidays and weekends. The designated
contact(s) must have the capability and authority to review the weekly progress, to provide extra
trailers on busy waste days, and to resolve or report any type of complaint. All communications must
be conducted with courtesy and respect.
K. Contractor must be equipped and ready to initiate the C&D Waste hauling and disposal activities
upon execution of the contract with the Town.
L. Contractor shall not sublet or assign this contract in whole or part without the written authorization
by the Town.
M.A sixty (60) day notice shall be given to the Town prior to any change in the Disposal Facility used
for final disposal.
0. The Disposal Facility used under this contract must be and remain in compliance with all state and
federal laws, and regulatory agencies.
-P. Contractor shall not discriminate against any person because of race, sex, sexual orientation, age,
color, religion, or national origin.
Q. Contractor will indemnify, save harmless, and exempt the Town of Southold, its officers, agents,
and employees from and against any and all suits, actions, legal proceedings, claims, demands,
costs, expenses, and attorney's fees incident to any work done in the performance of the contract
arising out of a willful or negligent act or omission of the Contractor, its officers, agents, and
employees; provided, however, that the Contractor shall not be liable for any suits, actions, legal
proceedings, claims, demands, damages, costs, expenses, and attorney's fees arising out of a willful
or negligent act or omission of the Town, its officers, agents and employees.
R. Contractor shall obtain and maintain all licenses and permits (other than any licensees or permits
granted by the contract) and promptly pay all taxes, fees and other documents required by the State
of New York or Suffolk County.
S. Contractor shall at all times during the contract maintain in full force and effect Workers
Compensation including Employers Liability, Commercial General Liability including products and
completed operations, specific contractual coverage to this agreement, Commercial Automobile
Liability all through insurance carriers licensed in the State of New York, with an AM Best financial
rating of A-10 or better. Before commencement of work hereunder, the contractor agrees to furnish
the County certificates of insurance on the current standard ACCORD Certificate of Insurance Form
listing the County as an additional insured, and with the notification of cancellation provision to be
amended to read "shall provide 30 days written notice should coverage be cancelled or having
sustained a material change in coverage ." For purpose of the contract, the Contractor shall carry the
following types of insurance at a minimum of the limits specified below: a. Workers Compensation -
Coverage A - Statutory Limits/ Coverage B - Employer's Liability $1,000,000/1,000,000 Aggregate b.
Commercial General Liability - Bodily Injury $1,000,000 each occurrence/ $3,000,000/Annual
Request for Proposal Page 3 of 10
Hauling and Disposal of Construction and Demolition Waste
Southold Town Solid Waste Management District
e,��Qi 50UfgO,
RFP: Hauling and Disposal of Construction and Demolition Waste
Southold Town Solid Waste Management District
Date: April 29, 2021
Aggregate /Property Damage $1,000,000 each occurrence/$3,000,000 Annual Aggregate c.
Commercial Automobile Liability- Bodily Injury $1,000,000 each person/$3,000,000 each occurrence
/Property Damage $1,000,000 each occurrence d. Excess/Umbrella Liability - following form
minimum coverage $3,000,000 each occurrence The above coverage may be provided by the
Contractor's parent corporation.
2.0 SELECTION PROCESS
2.1. EVALUATION
A. All prospective contractors to visit the SWTS prior to the Proposal due date.
8. Town personnel will have the central responsibility for reviewing and evaluating all Proposals
submitted in response to this document. The Town, in its sole discretion, may utilize outside personnel
and expertise to review the Proposals or contract and make recommendations .
C. A Proposal may be eliminated from consideration for failure to comply completely with one or more
of the requirements, depending on their critical nature. The Town reserves the right to reject any or all
Proposals, to waive irregularities and/or informalities in any Proposal, and to make an award in any
manner, consistent with law, or deemed to be in the best interest of the residents of the Town of
Southold. All Proposals become the property of the Town and will not be returned.
D. In evaluating Proposals, the Town will consider the qualifications and experience of the
contractors. In addition, the Town will consider whether or not the Proposals comply with the
prescribed Proposal requirements and such data as may be requested.
E. The Town may conduct such investigations as necessary to establish the responsibility,
qualifications and financial ability of the Contractor, or any proposed subcontractors, to perform the
work in accordance with the contract documents.
2.2 FACTORS OF EVALUATION
A. The following criteria will be used to evaluate the Proposals:
a. Completeness of information requested
b. References and reputation of Contractor
c. Quality and capability of organization
d. Project approach
e. Suitability of disposal facility (as applicable)
f. Cost
g. Contract terms and conditions
Please note: The above order of criteria does not imply an order of importance.
Request for Proposal Page d of 10
Hauling and Disposal of Construction and Demolition Waste
Southold Town Solid Waste Management District
o�O%0FOLA.
RFP: Hauling and Disposal of Construction and Demolition Waste y
Southold Town Solid Waste Management District o '
Date: April 29, 2021 y�ol
The Town may select two or more Contractors on the basis of the aforementioned factors and request
interviews to discuss in detail the project approach and services to be provided prior to making an
award pursuant to this RFP. The interview and the information obtained at that time will become as
binding as the information in the Proposal and shall be used to make the final determination of the
Contractor.
3.0 FINAL AWARD
A.The Town reserves the right to reject any or all offers and discontinue the proposal process without
obligation or liability to any potential Contractor, or reject any or all Proposals, including without
limitation, nonconforming, non-responsive, unbalanced, or conditional Proposals. The Town further
reserves the right to reject the Proposal of any Contractor whom it finds, after reasonable inquiry and
evaluation, to lack the capabilities to adequately provide the services requested. The Town may also
reject the Proposal of any Contractor if the Town believes it would not be in the best interest of the
residents of Southold Town to make an award to the Contractor. The Town also reserves the right to
waive all informalities, including price or approach, and to negotiate contract terms with the Contractor
deemed to be most suitable for the work required. If the contract is to be awarded, the Town will
award the contract to the Contractor with the greatest overall benefit to the Town.
B.The Town reserves the right to accept a Proposal other than the lowest price offered, or award the
contract on the basis of initial offers received, without discussions or requests for best and final offers.
4.0 INSTRUCTIONS TO BIDDERS
A. Please complete Appendix A and submit it to:
Elizabeth A. Neville
Southold Town Clerk
PO Box 1179
53095 Main Road
Southold, NY 22971
Proposals are due no later than 2:00 pm on May 27, 2021 at which time they will be opened
and read aloud in public. Proposals received after this due date and time will be considered
late and non-responsive. The Town anticipates awarding the contract during a regularly
scheduled Town Board meeting in June, 2021.
B. All Proposals shall be sealed. The envelope containing the Proposal will be clearly marked and
identified as: "Proposal for C&D Waste Hauling and Disposal."
C. All Proposals shall contain explicit assurance that all Scope of Services and Contract
Requirements contained within this RFP will be met (see Section 1.0).
Request for Proposal Page 5 of 10
Hauling and Disposal of Construction and Demolition Waste
Southold Town Solid Waste Management District
��o��SUFFOLp-Cp�
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RFP: Hauling and Disposal of Construction and Demolition Waste N T
Southold Town Solid Waste Management District
Date: April 29, 2021
D. Contractor will provide a rate, as in "price per ton", to transport approximately three thousand five
hundred (3,500) tons of C&D Waste per year from SWTS (see Figure 1) to a permitted and
regulatory compliant Disposal Facility, and dispose of the waste at the Disposal Facility.
E. Upon selection by the Town of Southold as the winning bidder, Contractor will be responsible to provide a
performance bond equal to the estimated costs of performance to the Town for a seven (7) year period.
Said performance bond may be reduced by a value of one year's estimated costs of performance. If the
Contractor cannot complete the project in the timeframe agreed upon at contract signing or is otherwise in
material breach of the specification or agreement terms, Contractor agrees to either forfeit performance
bond or allow the Town of Southold to select an alternate contractor to deliver the services set forth in the
bid.
F. Any exemptions to the conditions or specifications required by this RFP shall be explicitly listed in
Appendix 1, Section F.
G. Contractor's Proposal shall contain the following items ("a" through "e") in the order presented
herein. Items "a" through "e" are the minimum qualifications that a response must fulfill. However,
exceptions to any conditions may be submitted as alternatives to the base Proposal.
a. Letter of Introduction: The letter of introduction shall briefly describe the services that the
Contractor is proposing and any special exceptions or additions to the program as described.
The letter should be signed by a representative capable of binding the company to a
contractual obligation.
b. Description of Firm: This section should describe the company including (at a minimum) its
location, number of offices corporately, length of time in business (both corporately and for the
actual office which will complete the work), corporate structure, number of employees, and
relationship to a parent company, if a subsidiary. If any subcontractors are to be used, the
same information should be provided for all subcontractors. The description of the disposal
facility should be included here and include (at a minimum) the name of facility, operator,
permit number, date facility began operations, estimated date of closure, tons per day
received, brief description of the liner system, and one way distance from the Town.
c. Contractor Qualifications: This section should provide descriptions of the firm's qualifications
to complete the work as proposed. At a minimum, this section should include a description of
why this firm is uniquely qualified to complete the work and descriptions of at least three {3)
projects for which the firm is providing similar services. Long Island references are preferred,
but not mandatory. The descriptions should provide information on the type of project,
equipment and personnel required; location and contact; contract amount; and, any unusual
services provided to the customer that may be of interest to the Town. In addition, at least
three (3) references should be provided with project name, contact person, phone number,
address and relationship to the firm. If any subcontractors are to be used, they must also
provide information on their qualifications in similar detail.
Request for Proposal Page G of 10
Hauling and Disposal of Construction and Demolition Waste
Southold Town Solid Waste Management District
RFP: Hauling and Disposal of Construction and Demolition Waste
Southold Town Solid Waste Management District
Date: April 29, 2021
d. Project Approach: This section should provide a description of the services offered and the
personnel and equipment requirements.
e. Contractor's Qualification Statement: The Contractor shall complete the form provided in
Appendix 1. Appendix 1 shall also be completed for each subcontractor.
Request for Proposal Page 7 of 30
Hauling and Disposal of Construction and Demolition Waste
Southold Town Solid Waste Management District
rFrt"1 4 i
C
RFP: Hauling and Disposal of Construction and Demolition Waste x 7
Southold Town Solid Waste Management District .
Date: April 29, 2021 ��01
APPENDIX 1
QUALIFICATION STATEMENT FOR HAULING AND DISPOSAL OF CONSTRUCTION AND
DEMOLITION WASTE
TOWN OF SOUTHOLD, NY
Proposal for Hauling and Disposal Service;
t
Name of Contractor: V (:Zn ...... . ec,.L C-.:1 b.1 !A 7V-.m • `r...........................................
Years in Business:,,_ DQa ......................................
A. Fees
Hauling and Disposal operations (including all personnel, equipment, fuel, disposal and any other
related costs, fees or charges associated with this contract). The Contractor shall complete the work
in accordance with the required sections of the Request of Proposal for a fee of:
1. Construction and Demolition Waste Hauling arid_ Disposal
C&D Waste Hauling pd Disposal pe Ton-
B. Subcontractors and Disposal Facility Identification
Contractor shall identify all Subcontractors and Disposal facilities. List all Subcontractors, contact
information, an Id^e^antiTy proposed servyirce(s):
���.�J�{, `% ��.4
4 a Q +' ;Aye
�/ I— 6
N,e-(u 6 Ii to i',-
Disposal Facility (List name, location, operator,-permit holder, and permit number):
C. List the following information for any three (3) contracts of this nature that you have
completed or currently hold (to be completed by Contractor and all Subcontractors):
1. Contract:—t � ?1 � .-. .....Name,Address&Telephon of Contact:
Papaorao
Request for Proposal
Hauling and Disposal of Construction and Demolition Waste
Southold Town Solid Waste Management District
RFP: Hauling and Disposal of Construction and Demolition Waste ���° �t0",
ti
Southold Town Solid Waste Management District w rr
Date: April 29, 2021'
2. Contract: GoNc)
Name,Address&Telephone of
Y— -6c
3. Con#rac �. I -
Name,Address&Telephone of Contact: t- P is, I C,c4�C' ` � S
D. Have you ever failed to complete work awarded to you? if so, state where and why (to be
completed by Contractor and for all Subcontractors):
E. Have you ever performed similar work under the direction of a Local Government? If so, list
the two (2) most recent entities, giving a name,and Subcontractors):dress, la number and the name of
the project(to be completed by
1. Local Government:` 4..n........... .. ......
Name,Address&Telephone of Contac : `. "1�,`�
2. 'Local Government: ...
Name, Address &Telephone of Contact:
F. Comments or Clarifications (attach additional pages if necessary):
Page q.f 10
Request for Proposal
Hauling and Disposal of construction and Demolition Waste
Southold Town Solid Waste Management District
4
RFP: Hauling and Disposal of Construction and Demolition Waste },
Southold Town Solid Waste Management District
Date: April 29, 2021
G. The undersigned hereby authorizes and requests any person, firm or corporation to furnish
any information requested by the Town in verification of the recitals comprising this statement of
Contractor's qualifications. > ^,• `
H. State the true, exact, correct and complete name of the partnership, corporation, or trade
name under which you do business and the address of the place of business. (If a
corporation,state the name of the President and Secretary. If a partnership, state-the names of
all partners. If a trade name, state the names of the individuals who do business under the
trade name. It is absolutely necessary that this information be furnished.)
Legal Nameof Contractor: p E'�sf 1�C e t- � �' �`}"
Type of Business (Corporation, Partnership, Individual):_i V
State of incorporation (if applicable): Q--
Principal Address of Business: Sign
G ................. .....................
Phone Number:...WZA...1e1 •. ......................................................_......
.
N mes of Corporate officers,Partners,orindividuals:
�.�
Authorized Signatur t
Printed Name Above: �( >. i'`�. . ••--- � '
3.� .
Title: C V ?ate: _<
Witness (Signature):
Printed Name Above:.. -...4�-�1. '......•..... ..
Title: Date:
Page 10 of 10
Request for Proposal
Hauling and Disposal of construction and Demolition Waste
Southold Town Solld Waste Management District
\ P
%t--WW
I I WRIM-111
W'1111111 M-
May 26,2021
TOWN OF SOUTHOLD SOLID WASTE TRANSFER STATION
6155 COX LANE,SOUTHOLD NY 11935
APPENDIX 1.,SECTION G.
a) LETTER OF INTRODUCTION-Peconic Recycling&Transfer(PRT)shall provide hauling&disposal of construction
waste from the town transfer station to our facility located at 560 Commerce Rd.,Cutchogue.
b) DESCRIPTION OF FIRM-WE are located at 560 Commerce Rd,Cutchogue. This is our only facility. We employ 21
people. WE have been open since 2013 and do not plan on closing. We process 100 tons per day of demolition
and do not have a liner system as we are a recycling center not a landfill. We are approximately 1 mile from the
town transfer center.
c) CONTRACTOR QUALIICATIONS-We are qualified to complete the scope of work as we are a transfer station and
also a hauling company. Currently we are hauling&disposing of the mixed paper&recyclables from the
Southold Town transfer center.
REFERENCES:
DIAMOND BUILDERS 631.727.5500 HERBERT ISRAEL
RIVERHEAD BUILDING SUPPLY 631.727.1400 KEVIN GOODALE
ZUHOSKI CUSTOM BUILDERS 631.678.8647 MICHAEL ZUHOSKI
d) PROJECT APPROACH-We offer hauling&disposal of construction and demolition debris. We have employees to
operator equipment needed to haul&dispose of construction and demolition debris.
Sincerely,
N
on Divello
Managing Member
Peconic Recycling &Transfer—560 Commerce Rd.,Cutchogue NY 11935—631.298.8888
STATEMENT OF NON-COLLUSION
(To be completed by each Bidder)
In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or
proposal hereafter made to a political subdivision of the State of any public department, agency, or official
thereof or to a fore district or any agency or official thereof for work or services performed or to be
performed or goods sold or to be sold,shall contain the following statement subscribed to by the biddcr and
affirmed by such bidderas true underthe penalties of perjury; non-collusive bidding certification.
A. By submission of this bid,each bidder and each person signing on behalf of any bidder certifies,and
in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of
perjury, that to the best of knowledge and belief:
(1) The prices in this bid have been arrived at independently without collision, consultation,
communication, or agreement, for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or any competitor.
(2) Unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder
prior to opening,directly or indirectly,to any other bidder or to any competitor.
(3) No attempt has been made or will be made by the bidder to induce any other person,
partnership, or corporation to submit or not to submit a bid for the purpose of restricting
competition.
B. The person signing this bid or proposal certifies that he has fully informed himself regarding the
accuracy of the statements contained in this certification, and under the statements contained in this
certification, and under the penalties of perjury, affirms the truth thereof, such penalties being
applicable to the bidder,as well as the person signing in its behalf.
C. That attached hereto(if a corporate bidder)is a certified copy of resolution authorizing the execution
of this certificate by the signature of this bid or proposal on behalf of the corporate bidder.
RESOLUTION
Resolved that Q� l('SL� )l`� � _of the
(Name of signatory) `�p r�
� Be authorized.��,���(' ���, �(l'l�� '� Cf✓ Bzed to sign and submit the bid
(Name of C rporation)
Or proposaj of this corporation for the following P oject:
and to include in such id or proposal the cert ieate as to non-collusion required by section one-hundred three-
d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or
miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury.
The foregoing is true and correct copy of the resolution adopted by -\L-1C corporation at a
meeting of the Board of Directors,held on the �'C�I -S � day
of ,20�
(SEAL OF THE CORPORATION)
Laws of New York, 1965
Ch. 751,Sec. 103-d,as amended& t
effective on September 1, 1965. Signature
1
FRECEIVED
AUG 1 1 2021
Southold Town Clerk i
Office of the Town Attorney
Town of Southold
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone : 631-765-1939
Facsimile: 631-765-6639
MEMORANDUM
To: Ms. Elizabeth A. Neville, Town Clerk
From: Missy Mirabelli
Secretary to the Town Attorney
Date: August 11, 2021
Subject: Agreement between Town of Southold and Mattituck
Environmental
With respect to the above-referenced matter, I am enclosing the original
Agreement.
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you.
/mm
Enclosures
Cc: Jim Bunchuck