HomeMy WebLinkAboutRecyclable Materials Hauling 1 AP
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AGREEMENT n
THIS AGREEMENT made and entered into this O day of y�yy,,j2024 by and between Town
of Southold (hereinafter referred to as "Town"), a municipal corporation organized and existing
under and by virtue of the laws of the State of New York(mailing address: c/o Denis Noncarrow,
Town Clerk, Town Hall, P.O. Box 1179, Southold,New York 11971-0959), party of the first
part, and Mattituck Environmental Services, LLC (hereinafter referred to as "Contractor") with
an address at 560 Commerce Road, Cutchogue,NY 11935,party of the second part.
WITNESSETH:
WHEREAS, Contractor has submitted to the Town a bid opened in the office of the
Southold Town Clerk on June 27, 2024 ("Bid") in response to the Town's Bid Solicitation for
Recyclable Materials Hauling and Processing Services dated May 2024 ("Solicitation"), a copy
of which is attached hereto as Exhibit"A" and incorporated herein by reference; and
WHEREAS, on July 16,2024 the Town Board of the Town of Southold, by duly
adopted Resolution 2024-635 attached as Exhibit`B", accepted the bid of the Contractor and
authorized the Town Supervisor to enter into an agreement with the Contractor to perform
certain services as outlined in the Bid in connection with the hauling and processing of
recyclable materials;
NOW, THEREFORE, it is mutually convenanted and agreed by and between the parties
hereto as follows:
I. DEFINITIONS
Terms defined in the Bid Solicitation shall have the same meaning as if defined herein.
II. SCOPE OF SERVICES
The Contractor shall perform the services in accordance with the description of those
services as set forth in the Solicitation, and more particularly described in the Bid Specifications
attached hereto as Exhibit"C".
III. TERM OF AGREEMENT
The term of this Agreement shall be for the period August 19, 2024 through August 19,
2025. The parties hereto have the option of renewing this Agreement for an additional one-year
term on the same terms and conditions, by mutually consenting in writing not less than 30 days
prior to the expiration of the initial term.
IV. PRICE SCHEDULE/COMPENSATION
Contractor shall be entitled to payment in accordance with the accepted Bid terms which
are dated June 271h, 2024, which are summarized herein as follows:
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TASK 1 —Paper Fiber Recyclables—Hauling- $132.00 per 100 cubic yard container for
an estimated 110 loads at a total cost of$14,520.00.
TASK 2—Paper Fiber Recyclables—Processing- $0.00 per ton for an estimated 1,110
tons at a total cost of 0.00.
TASK 3- Commingled Recyclables—Hauling - $132.00 per 100 cubic yard container for
an estimated 55 loads at a total cost of$7,260.00.
TASK 4- Commingled Recyclables- Processing-$88.50 per ton for an estimated 300 tons
at a total cost of$26,550.00.
V. PAYMENTS
A. The Contractor shall receive monthly payments for services performed the prior
calendar month. The Contractor shall submit a request for payment on a Town approved voucher
form along with Contractor's invoice which shall include a daily summary of hauling and
processing activities.
B. The Town shall pay the Contractor within 45 days after receipt of a completed
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 such voucher for payment.
C. The Town shall process a completed 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, or deems any voucher to be incomplete,the Town shall 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, prohibits
payment of any of Contractor's claims against the Town unless an itemized voucher therefore
shall have been presented to the Town Board and Town Comptroller and shall have been audited
and allowed by the Town Board and Town Comptroller.
D. The acceptance by the Contractor of 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 to or arising out of this Contract up to the date of the voucher.No payment shall
operate to release the Contractor or its sureties from any obligations under this Contract.
E. The Town shall be entitled to deduct from any payment owing to Contractor any
sums expended by the Town to sure any default or other Agreement non-compliance by
Contractor or to protect the Town from loss on account of claims filed or reasonably anticipated
to be filed.
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VI. CONTRACTORS WARRANTIES AND REPRESENTATIONS
Contractor makes the following warranties and representations:
A. Contractor represents that the Town has made no commitment under this Agreement
with respect to the volume of materials to be handled by Contractor during the term of this
Agreement.
B. Contractor warrants that Contractor shall comply with all federal, state, and local
laws, ordinances, and regulations applicable to all of the services to be performed by the
Contractor.
C. The Contractor represents that Contractor shall utilize its best efforts to insure that
Minority and Women Owned Businesses (MBE's and WBE's) have the opportunity to
participate as subcontractors under this Agreement. In the event the Contractor subcontracts
twenty-five percent(25%) or more of its work hereunder, Contractor shall submit to the Town a
WBT Utilization Plan,prior to execution of this Agreement.
D. Contractor shall haul al materials contemplated in this Agreement from the Town's
Transfer Station at 6155 Cox Lane, Cutchogue,New York,to an agreed upon disposal/recycling
site.
VII. INDEMNIFICATION INSURANCE/BONDS
A. Contractor agrees to defend, indemnity and save harmless the Town of Southold
against any and all liability, loss, damage, detriment, suit, claim, demand, cost, charge, attorneys'
fees and expenses of whatever kind or nature which the Town may directly or indirectly incur,
suffer or be required to pay by reason of or in consequence of the Contractor carrying our or
performing under the terms of this Agreement, or failure to carry our any of the provisions,
duties, services or requirements of this Agreement,whether such losses and damages are
suffered or sustained by the Town directly or by its employees, licenses, agents, engineers,
citizens or by other persons or corporations, including any of Contractor's employees or agents
who may seek to hold the Town liable therefore. This obligation shall be ongoing, shall survive
the term of this Agreement and include, but not be limited to, claims concerning non-sudden
environmental impairments.
The Contractor shall join in the commencement of any action or proceeding or in the
defense of any action or proceeding which in the opinion of the Town constitutes actual or
threatened interference with the Town's rights hereunder, including all appeals which, in the
opinion of the Town,may be necessary.
B. Contractor shall procure and maintain the insurance described in Section 12.1(A) of
the Solicitation for a period commencing on the date of this Agreement and terminating no
earlier than one year following termination of services under this Agreement. All such insurance
coverage shall name the Town as an additional insured and shall provide that the coverage shall
not be changed or canceled until thirty (30) days written notice has been given to the Town. All
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such insurance shall be issued by a company duly authorized to transact business in the State of
New York and acceptable to the Town and shall include all riders and additional coverage
necessary to insure that Contractor will be financially able to meet its obligations under the
foregoing indemnification.
C. Contractor shall, for the period of performance of services hereunder,maintain a
Performance Bond in the amount of Two Hundred Fifty Thousand ($250,000) Dollars wherein
named obligee is the Town of Southold. The Bond shall be in a form acceptable to the Town
Attorney and issued by a surety licensed to do business in New York as a surety.
VIII. FORCE MAJEURE
If either parry is delayed or prevented from fulfilling any of its obligations under this
Agreement due to any act, event or condition, whether affecting the Town,the Contractor, or the
Destination Site,to the extent that it materially and adversely affects the ability of either party to
perform any obligation hereunder(except for payment obligations), and if such act, event or
condition is beyond the reasonable control and is not also the result of the willful or negligent
action, inaction, or fault of the party relying thereon as justification for not preforming an
obligation or complying with any condition required or such party under the Agreement, the time
for fulfilling that obligation shall be extended day-by-day for the period of the uncontrollable
circumstance;provided, however,that the contesting in good faith or the failure in good faith to
contest such action or inaction shall not be construed as willful or negligent action or a lack of
reasonable diligence of either party. Subject to the foregoing, such acts or events shall include
the following:
(1) an act of God(but not including reasonable anticipated weather conditions for
the geographic area of the Town or Destination Site) hurricane, landslide, lightening, earthquake,
fire, explosion, flood, sabotage or similar,occurrence, acts of a public enemy, extortion, war,
blockade or insurrection, riot or civil disturbance;
(2) the failure of any appropriate federal, state, county,town or local public
agency or private utility having jurisdiction in the areas in which the Transfer Station or
Destination Site is located to provide and maintain utilities, services, water and sewer lines and
power transmission lines which are required for the operation or maintenance of the Transfer
Station or Destination Site;
(3) governmental pre-emption of material or services in connection with a public
emergency or any condemnation or other taking by eminent domain of any portion of the
Transfer Station or Destination Site; and
(4) the presence of hazardous waste upon, beneath or migrating from the Transfer
Station.
It is specifically understood that none of the following acts or conditions shall constitute
uncontrollable circumstances: (a) general economic conditions, interest or inflation rates, or
currency fluctuations; (b) the financial condition of the Town,the Contractor, any of its
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affiliates or any subcontractor; (c) union work rules, requirements or demands which have the
effect of increasing the number of employees employed otherwise increasing the cost to the
Contractor of operating its haul operation or the Destination Site; (d) equipment failure; (e) any
impact of prevailing wage law, customs practices on the Contractor's costs; (f) any act, event or
circumstances occurring outside of the Unites States; or(g) any change in law or in the permit
conditions or status of the Transfer Station Destination Site or alternate Destination Site.
IX. SUBCONTRACTS
Contractor shall not enter into any subcontracts in connection with the services to be
performed by Contractor hereunder without the prior written approval by the Town of such
subcontracts. All such subcontracts shall make express reference to the terms and conditions of
this Agreement and shall obligate the subcontractor to comply with all applicable federal, state
and local laws, ordinances or regulations relating to the services to be performed under the
subcontract. In the event the subcontractor is required to furnish any insurance or bonds for the
benefit of Contractor,the Town shall also be named as an additional insured or obligee.
X. PREVAILING WAGE RATES
Contractor agreed to comply with the provision of the New York State Labor Laws
relating to the payment of prevailing wage rates to the extent applicable, or the applicable State
Law in the State of disposal. In the event that at any time during performance under this
Agreement the Contractor is required to increase the wages paid to any of its employees as a
result of such requirement, all costs shall be borne exclusively by Contractor.
XI. DEFAULT
In the event the Contractor fails to perform its obligations under the Agreement, the
Town may terminate the Agreement,procure the services from other sources and hold the
Contractor responsible for any costs incurred. The Town may also deduct such costs from
payments owing to the Contractor and/or draw upon the Performance Bond as full or partial
reimbursement for such excess costs. The Town reserves the right to terminate the Agreement
for just cause.
XII. LIMITATON OF FUNDS
The Contractor agrees that this Agreement shall be deemed executory only to the extent
of the funds currently available for the purposes of this Agreement and that the Town incurs no
liability beyond those available by authorization of the Town Board as of the date of this
Agreement.
XIII. DISPUTES/ARBITRATION
Any disputes between the parties to this Agreement may be referred to arbitration by
mutual agreement of the parties. Absent such an agreement, any actions or claims by either party
hereto shall be commenced in Supreme Court, Suffolk County,New York.
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In the event the parties agree to arbitrate a dispute, such arbitration shall be conducted in
accordance with the rules of the American Arbitration Association. In no event shall any
demand for arbitration be made after the date when institution of legal or equitable proceedings
based on such claim or dispute would be barred by the application statute of limitations. An
award rendered by arbitrators following any such arbitration shall be final and judgment may be
entered upon it in accordance with applicable law in any court having jurisdiction thereof.
XIV. MISCELLANEOUS
A. This Agreement shall be governed-by the laws of the State of New York.
B. Contractor shall not assign, convey or otherwise transfer its rights or
obligations under this Agreement without the prior written consent of the Town.
C. This Agreement, including all Exhibits and documents referred to herein,
along with the Specifications, Solicitation and the Bid, and all Appendices and Exhibits thereto,
represent the entire agreement between the Town and Contractor relating to the services to be
performed hereunder. This Agreement may be modified only by written agreement of
Contractor and the Town.
D. To the extent of any inconsistency among the documents constituting the
agreement of the parties, the priority among those documents shall be:
1. This Agreement;
2. Exhibits thereto;
3. The Solicitation including appendices;
4. Contractor's Bid.
E. Without limiting any other right and/or remedy which the Town may have at
law or under this Agreement, if the Contractor is adjudged bankrupt or makes an assignment for
the benefit of creditors or a receiver is appointed for the Contractor or any insolvency
arrangement proceedings are instituted by or against the Contractor, the Town may terminate this
Agreement.
F. Contractor agrees that it will conduct itself consistent with its status, said
status being that of an independent contractor and Contractor, its employees or agents,will
neither hold themselves out nor claim to be an officer or employee of the Town of Southold nor
make claim to any right accruing thereto including, but not limited to, Worker's Compensation,
Unemployment Benefits, Social Security or retirement membership or credit.
G. If any provision of this Agreement shall for any reason be held to be invalid or
unenforceable,the invalidity or unenforceability of such provision shall not affect any of the
remaining provisions of this Agreement and this Agreement shall be enforced as if such invalid
and unenforceable provision had not been contained herein.
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H. Contractor agrees that is shall not discriminate and that is shall cause there to
be no discrimination against any employee who is employed in the work, or against any
applicant for such employment, because of race, religion, color, sex, age, marital status, handicap
or national origin in any manner prohibited by the laws of the United States or of the State of
New York. These requirements shall include, but not be limited to,the following: employment;
upgrading, demotion or transfer; recruitment or compensation; and selection for training.
XV. NOTICES
All notices required to be given hereunder shall be made in writing by first class
mail addressed as follows:
If to the Town: Denis Noncarrow
Southold Town Clerk
Town Hall
53095 Main Road
P.O. Box 1179
Southold,New York 11971
With a copy to: Solid Waste Coordinator
Town of Southold
53095 Main Road
P.O. Box 1179
Southold,New York 11971
If to the Contractor: Mattituck Environmental
560 Commerce Road
Cutchogue,New York 11935
XVI. 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).
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(f) 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.
(i) 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.
(ii) 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.
XVII. 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 16, 2024.
Albert J. Krupski, Jr., 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, Denis Noncarrow.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement
on this day and year first above written.
TOWN OF OL
By:
MATTITUC NVIRONMENTAL
By:
and y Lomangino, Managing Member
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STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
On this day of (��� , in the year 2024 before me, the undersigned,
personally appeared '-f0 �'_ p, personally known to me or proved to me on the
basis of satisfactory evidence to bet e individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same if his capacity and that by his
signature on the instrument, the individual or person upon whose behalf of which the individual
acted, executed the instrument.
Notary Public
STATE OF NEW YORK) WWARvA M.
pUBEC STATEOFUISH NEWYORK
SS.: Registration No.01 ST6164008
duaned In Suffolk County
COUNTY OF SUFFOLK) OommlWonE*reeAprii®,
91
On this ^Rday of ��. , in the year 2024 before me,the undersigned,
personally appeared STANLEY LO GINO, Managing Member, of Mattituck
Environmental 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 if his capacity and that by his signature on the instrument, the
individual or person upon whose behalf of which the individual acted, executed the instrument.
••..``.�yg'(P� •� �10,�� Notary Public r
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OF NEW YOR$:�s
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EXHIBITA
EX FII �T �.
BIDDER'S SOLICITATION
RECYCLABLE MATERIALS HAULING AND
PROCESSING SERVICES
AGREEMENT DOCUMENTS
TOWN OF SOUTHOLD
STATE OF NEW YORK
Prepared by: Solid Waste Management District
P.O. Box 962
Cutchogue,NY 11935
May 2024
TABLE OF CONTENTS
NOTICE TO BIDDERS 5
GENERAL SERVICES SOUGHT 6
BID INSTRUCTIONS 7
GLOSSARY OF TERMS 8
SECTION A- SUBMISSION REQUIREMENTS 10
1.0 Project Purpose 10
2.0 Schedule 10
3.0 Examination Of Agreement Documents 10
4.0 Information to be Submitted 11
4.1 Contractual Bid 11
4.2 Supplemental Information 11
5.0 Bid Format 11
6.0 Submission of Bid 12
7.0 Execution Of Agreement 12
8.0 Consideration Of Bids 12
9.0 Selection Of Contractor 13
10.0 Acceptance of Bid 13
11.0 Assignment 13
12.0 Insurance and Bonds 13
12.1 Insurance 13
12.2 Bonds 14
13.0 Indemnity(Hold Harmless) 14
14.0 Payments 14
15.0 Default 14
16.0 Term of Agreement 15
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17.0 Rights and Options 15
SECTION B -BID SPECIFICATION 16
1.0 Requirements 17
2.0 Program Goals and Objectives 17
3.0 Character and Amounts of Materials 17
3.1 Quantities 17
3.2 Non-Compliance Waste 18
4.0 Schedule of Cutchogue Transfer Station 18
5.0 Program Activities 18
5.1 Contractor Responsibilities 18
5.2 Town Responsibilities 19
5.3 Routing Mode 19
5.4 Town of Southold Accident and Damage Policy 19
6.0 NYSDEC Part 360 Permit to Operate 20
7.0 Compensation 20
8.0 Safety and Health Regulations 20
9.0 Contacts 20
10.0 Supporting Data 21
SECTION C- CONTRACTOR BID FORM 22
1.0 General Bid Statement 22
2.0 Unit Price Bid Schedule 25
2.1 Paper Fiber Recyclables Hauled to Agreed Upon Processor 25
2.1.1 Mode of Transportation 25
2.1.2 Paper Fiber Recyclables Haul Services Pricing 25
Task 1 Evaluation Bid Price 26
2.2 Processing of Paper Fiber Recyclables 26
Task 2 Evaluation Bid Price 27
2.3 Commingled Recyclables Hauled to Agreed Upon Processor 27
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2.3.1 Mode of Transport 27
2.3.2 Commingled Recyclables Haul Services Pricing 27
Task 3 Evaluation Bid Price 28
2.4 Processing of Commingled Recyclables at Agreed Upon
Processor 28
Task 4 Evaluation Bid Price 28
3.0 Agreement Bid Price Evaluation 29
4.0 Signature Block 29
SECTION D -APPENDICES 30
Appendix A—Subcontractors 31
Appendix B—Performance Bond 32
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NOTICE TO BIDDERS
RECYCLABLE MATERIALS HAULING AND PROCESSING SERVICES
The Town of Southold will receive sealed bids for processing and trucking services for the items
identified herein which include fiber re6yclables (cardboard,newspaper and mixed paper) and
commingled recyclables (tin/aluminum cans and plastic containers)such bids to then be opened and
publicly read aloud. The trucking services sought by the Town will involve moving recyclables collected
at the Town's waste and recycling Transfer Station on Cox Lane in Cutchogue,NY to one or more
specified destinations. THIS SOLICITATION SEEKS BOTH HAULING AND PROCESSING
SERVICES.
31D OPENING:
office of the Town Clerk
Southold Town Hall
53095 Main Road
Southold,New York 11971
631)765-1800
DATE,;' Thursday,June 27,2024
TIME: 2:00 PM
(LATE BIDS WILL NOT BE OPENED)
TOWN OF SOUTHOLD RECYCLABLE MATERIALS HAULING AND
PROCESSING SERVICES
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GENERAL SERVICES SOUGHT
The Town seeks prices for each of the following trucking tasks, in accordance with this Bid
Solicitation:
TASK 1: A bid price PER TRIP, to provide equipment and labor for hauling fiber
recyclables(cardboard,newspaper and mixed paper)collected through the
Town of Southold's residential recycling program from the Town of
Southold Transfer Station at 6155 Cox Lane, Cutchogue,NY to a transfer
station or material recovery facility.
TASK 2 A bid price PER TON for the processing of fiber recyclables collected
through the Town of Southold's residential recycling program. Responders
who are not end marketers must indicate who the ultimate
purchaser/processor of the Town's recyclables will be or who are expected to
be and such purchaser/processor shall be subject to the approval of the Town
of Southold. No recyclables may be disposed as waste product.
TASK 3: A bid price PER TRIP to provide equipment and labor for hauling
COMMINGLED recyclables consisting of tin and aluminum cans, plastic
containers,bottles, and other acceptable items collected through the Town of
Southold's residential recycling program,from the Town of Southold Transfer
Station at 6155 Cox Lane, Cutchogue, NY to a transfer station or material
recovery facility.
TASK 4: A bid price PER TON for the processing of fiber recyclables collected
through the Town of Southold's residential recycling program. Responders
who are not end marketers must indicate who the ultimate
purchaser/processor of the Town's recyclables will be or who are expected to
be and such purchaser/processor shall be subject to the approval of the Town
of Southold.No recyclables may be disposed as waste product.
3ASIC AWARD CRITERIA
The winning bid submitted in response to this solicitation will be based on the lowest unit price
(i.e.,price per truckload) submitted by a responsible bidder for the four TASKS combined.
TERM
The term of this Agreement shall be ONE(1)year commencing from the date of award, expected
to be on or aboutAuggs"t 1:6,2024:The Town and the winning bidder shall have a mutual option
of renewing the Agreement for an The
one-year term by agreeing together in writing to do
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so not less than thirty(30)days prior to the expiration of the initial term, at the price(s) agreed to
herein.
BID INSTRUCTIONS
Bids must be made in writing on the forms furnished.
The successful Bidder may be required to furnish a performance Bond, and insurance in
accordance with the instructions in the Bid Solicitation(APPENDIX B).
The bid price shall not include any tax, Federal, state, or local, from which the Town of
Southold is exempt.
A Bidder may not withdraw his bid within forty-five (45) days after the opening of the
bids,but may withdraw his Bid at any time prior to the scheduled time f6r the opening of bids.
The Town reserves the right to reject any or all bids and to waive formalities, should this
action be in the best interest of the Town of Southold.
Bid Solicitation containing submission requirements, instructions, technical
specifications, and bidding forms may be examined free of charge and at the following location
on weekdays from 8:00 A.M.to 4:00 P.M.:
Office Of the Town Clerk, Southold Town Hall
53095 Main Road
Southold,New York 11971
Bid Solicitation may be picked up at:
Office of the Town Clerk, Southold Town Hall
53095 Main Road
Southold,New York 11971
Bidders should direct any questions concerning this solicitation to Mr. A. Nicholas
Krupski, the Southold Town Solid Waste Coordinator at the Southold Town Transfer Station
office 6155 Cox Lane, Cutchogue, NY 11935 (631) 734-7685. Bidders may visit the Transfer
Station during normal business hours of 7:00 am—5:00 pm, 7 days a week (except holidays).
Appointments are not necessary,but may be scheduled by calling The Solid Waste Coordinator.
Denis Noncarrow
Town Clerk
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GLOSSARY OF TERMS
ADMINISTRATOR- Shall mean the Coordinator of construction and demolition debris (or his
agent) Of the Town of Southold,New York.
AGREEMENT.- Shall mean a form operating agreement set forth by the Town and resulting
from this Bid Solicitation between the Town of Southold and the successful Bidder.
AGREEMENT DOCUMENTS-Shall include the notice to bidders,instructions,bid solicitation,
bid Forms, information schedules, proposal, payment bond, bid bond, Agreement, performance
bond,certificates of insurance,glossary of terms any general conditions or special conditions,and
any addenda.The Agreement Documents will Form a part of the Agreement.
AGREEMENT 'YEAR - Shall mean the period of the first 365 days from the date a
contract(s)/award(s)pursuant to this solicitation is signed by the parties.
'BIDDER- Shall mean any party or parties submitting in proper form a bid to perform the work
as specified in the Agreement Documents. The successful Bidder selected by the Town to
perform the specified work will thereafter be known as the Contractor.
BID PRICE- Shall mean the unit cost to determine the ranking of bidders.
BID SOLICITATION- Shall mean this document, specifications, and any bid addenda issued.
COMMENCEMENT DATE - Shall mean the date a contract(s)/award(s) pursuant to this
solicitation is signed by the parties.
COMMINGLED RECYCLABLES- Shall mean tin and aluminum cans, plastic containers, and
other items acceptable to final processing facility as collected through the Town of Southold's
residential recycling program,
CONTRACT DOCUMENTS - Shall have the same meaning as Agreement Documents.
CONTRACTOR- Shall mean the party contracting to perform the work, or the heirs, executors,
administrators, agents,or successors thereof.
COUNTY.- Shall mean Suffolk County, State Of New York.
DAILY- Sunday to Saturday,inclusive.
DESTINATION SITES_—Permitted recycling facilities as approved by the Town.
EPA-Environmental Protection Agency(Federal).
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HAUL SERVICES.UNIT.PRICE- Shall mean the Contractor's compensation in dollars for each
container of recyclables actually hauled from the Town Of Southold Transfer Station to the
Agreed Upon Disposal/Recycling Site, AND for each ton of recyclables processed at a transfer
station or processing facility.
HAZARDOUS WASTE- Shall mean(1)any"hazardous waste" as defined under the Resource
Conservation and Recovery Act, 42 US.C. Section 6901 et seq., or"hazardous substance" as
defined under the comprehensive Environmental Response, Compensation, and Liability Act,42
U.S.C. Section 9601 et seq., or"hazardous waste" as defined under New York Environmental
Conservation Law Section 27-0901 et seq., as each such law may be amended from time to time,
and the regulations promulgated there under,and any analogous or succeeding Federal, state or
local law,rule or regulation and regulations promulgated there under and(2) any other material
which any governmental agency or unit having appropriate jurisdiction shall determine from
time to time cannot be processed at the facility because it is harmful,toxic or dangerous.
NOTICE-O]F AWARD-Shall mean written notice from the Town of Southold to the successful
Bidder that the Town of Southold intends to award an Agreement to the successful Bidder,
subject to compliance with all their terms and conditions of the Agreement Documents.
NYSDEC-New York State Department Of Environmental Conservation.
ONP—Old Recycled Newsprint brought to the Southold MSW Transfer Station by residents and
curbside collection carters, including newspaper, glossy inserts, magazines, paperback books,
office paper, and construction paper. ONP is NOT intended to include paper used for cleaning or
hygiene purposes such as paper towels,napkins, or tissues.
OSHA - Federal Williams-Steiger Occupations Safety & Health Act of 1970, plus subsequent
revisions.
PAPER FIBER:RECYCLABLES- Shall mean cardboard, newspaper and mixed paper collected
through the Town of Southold's residential recycling program,
PERMIT- Shall mean any and all permits,licenses, approvals, certificates of public convenience
and necessity, Franchises or authorizations which must be issued by any Governmental Body
having jurisdiction thereof to legally enable the Contractor to transport and/or process recyclable
materials.
PERMITTEE - Shall mean any person issued a valid permit to haul recyclables or to construct,
establish,maintain or operate a recyclable processing facility.
RCRA- Resource Conservation Recovery Act(Federal).
SUBCONTRACTOR-Shall mean an individual,firm or corporation having a direct contract with
the Contractor for services, equipment,materials and/or labor.
9
SECTION A SUBMISSION
REQUIREMENTS
BIDDERS INFORMATION, INSTRUCTIONS AND AWARD BASIS
1.0 PROJECT PURPOSE
The Town of Southold seeks bids for recyclable materials hauling and processing services from
the Town of Southold Transfer Station to specified permitted Destination Site(s) As agreed to by
the Town of Southold. Responders who are not end marketers must indicate who the ultimate
purchaser/processor of the Town's recyclables will be or who are expected to be and such
purchaser/processor shall be subject to the approval of the Town of Southold. No recyclables may
be disposed of in a landfill.
2.0 SCHEDULE
The schedule below is an estimate of the time period leading up to the commencement of
the Agreement.Its intent is to provide each Bidder with an idea of when certain events may occur.
The dates given are guidelines and should not be construed as firm dates or deadlines due to the
multiple parties involved in the decision making process.
EVENT DATE.
Bid Opening 2:00 PM, June 27,2024
Town Board Approval July 16, 2024
On or Before August 1,
Agreement Executed 2024
Operations Commencement August 17'h 2024
3.0 EXAMINATION OF AGREEMENT DOCUMENTS, FAMILIARITY WITH
THE WORK
It is the responsibility of each Bidder before submitting a Bid to (a) examine the Bid
Documents thoroughly; (b)become familiar with conditions at the Town of Southold Transfer
Station and Destination Sites that may affect cost, progress,performance or furnishing of the
work; (c)become familiar with and consider all federal, state and local laws,regulations
ordinances,permits, approvals and orders that may effect the cost,progress,performance or
furnishing of the work; (d)study any Bid and/or Agreement Documents carefully; and(e)notify
the Town Clerk of all conflicts, errors or discrepancies in the Agreement Documents.
The submission of a Bid becomes a representation that Bidder has complied with every
requirement of this Bid Solicitation, that the Bid is based upon performing and furnishing the
10
i
work required by the Agreement Documents, and that the Agreement Documents are sufficient
in scope and detail to indicate and convey understanding of all terms and conditions for
performing and furnishing the work.
4.0 INFORMATION TO BE SUBMITTED WITH PROPOSAL
4.1 Contractual Bid
For the purpose of assisting the Town in determining the responsible Bidders for this Bid
Solicitation,the Bidder is required to submit the following minimum information with his bid:
is Contractor Bid Form
A. ii. Supplemental Information as described in
4.2
4.2 Supplemental Information
In addition to the aforementioned forms, the Bidder is required to submit the following
supplemental information with his bid:
i. A statement that the Bidder has or will acquire all manpower,materials and supplies,
mobile equipment, etc., necessary to provide the Town with all services sought under
the Agreement.
ii. A copy of any current Permit(s)to transport municipal recyclables as required.
iii. A list of any Subcontractors the Bidder intends to use to complete any portion of the
work.The Bidder is advised that any Agreement awarded will be contingent upon the
use of the subcontractor(s)so identified.In the event that the Bidder desires to change
the number or identity of such subcontractor(s), the proposed change must be
submitted to the Town for approval. (SEE APPENDIX A).
5.0 BID FORMAT
Form Preparation
Bid prices shall be submitted in the form described in this Bid Solicitation(SEE PAGE 25
). Bid prices shall be properly filled in,using both words and numerals where indicated.
BIDS SHALL NOT BE QUALIFIED,MODIFIED, LIMITED OR RESTRICTED IN ANY
WAY. In the event a specification is not applicable,it shall be so indicated. Incomplete bids
may not be considered, depending on the nature of the missing information.
11
6.0 SUBMISSION OF BID
Each Bidder shall submit a complete set of his Bid which shall be enclosed in a sealed
envelope plainly marked on the outside with the title of the work and the name and address of
the Bidder.No Bid will be considered unless filed on or before the time and at the place
designated in the Notice to Bidders.Bids received after the time set for the opening will be
returned to Bidders unopened.When sent by mail,preferably registered,the sealed Bid,marked
as above, should be enclosed in an additional envelope similarly marked and addressed to:
Denis Noncarrow
Southold Town Clerk
Town Hall
53095 Main Road
Southold,New York 11971
7.0 EXECUTION OF AGREEMENT,FURNISHING OF BONDS
The successful Bidder, or its legally authorized representative, shall appear in person
within ten(10)days of the Notice of Award by the Town at the place and time designated by the
Town to execute the Agreement and other Agreement Documents for recyclable Materials
Hauling and Processing Services, if so required by the Town.
Under the terms of a contract awarded pursuant to this bid,the successful Bidder may be
required, at its own cost and expense, to procure, execute and deliver to the Town a Performance
Bond equal to the estimated cost of trucking services provided under the terms of this bid over a
period of 180 days.This bond, if required(as shown by example in Appendix B),would be
maintained at the Contractor's own expense for the term of the Agreement. Failure to do so
would constitute a breach of the Agreement and/or contract entered into between the parties. In
such event,the Town may determine that such Bidder has abandoned the Agreement and the
Town shall be entitled to take action for any and all damages it may suffer as the result of such
breach.
8.0 CONSIDERATION OF BIDS
The Town of Southold reserves the right to reject any/or all bids for recyclable materials
hauling and processing services if such action is deemed to be in the best interests of the Town.
To be considered responsive to this Bid Solicitation, each Bidder shall
A) Provide equipment, labor, maintenance and management services to haul recyclable
materials from the Town of Southold Transfer Station to designated Destination Site(s) as set
forth in Section B -Bid Specifications.
B) Provide evidence of all current valid state and Federal permits, licenses, local
ordinances,etc.,required by law to receive recyclable materials at the designated Disposal Site(s).
C) Provide evidence of physical and financial capability to perform services described in
the bid specifications.
12
9.0 SELECTION OF CONTRACTOR
Only bids solicited from firms or combinations thereof,who have sufficient
management, operating, and maintenance experience to fulfill the Town's goads and comply
with the applicable local, state,Federal laws, ordinances, and regulations will be accepted. The
Town will review the bids and make a selection recommendation based on the evaluation
criteria included in this Bid Solicitation or take such other action as it deems in its best interest.
Any agreement awarded hereunder will be to the responsible Bidder whose Evaluation Unit Bid
Price is the lowest. The Town of Southold reserves the right, in its sole discretion, to reject all
bids submitted in response to this Bid Solicitation.
10.0 ACCEPTANCE OF BID
The acceptance of a Bid will be a Notice of Award signed by a duly authorized
representative of the Town, and no other act of the Town shall constitute the acceptance of a Bid.
The acceptance of a Bid shall bind the successful Bidder to perform the work described in the Bid
Documents and to execute any other Agreement Documents that may be required by the Town.
11.0 ASSIGNMENT
The successful Bidder to whom any Agreement shall be let, granted, or awarded shall not
assign, transfer, convey, sublet, or otherwise dispose of the Agreement or of his right, title, or
interest therein or his power to execute such Agreement,to any person or corporation without the
prior written consent of the Town.
12.0 INSURANCE AND BONDS
12.1 Insurance
For the period the Agreement is in effect, Contractor must maintain insurance acceptable
to the Town in the kinds and amounts set forth below. All such insurance coverage shall be
provided by companies licensed to do business in New York State. The Town of Southold and its
agent shall be named as an additional insured and certificate holder. Coverage shall not be
changed or cancelled until thirty(30)days written notice has been given to the Town. Within ten
(10)days of the Notice of Award, Contractor shall furnish to the Town evidence that it maintains
the following types and amounts of insurance:
1. "Worker's Ga sensation-Itisiiidt co-A Policy covering the operations of the
Contractor in accordance with the provisions of Chapter 41 of the Laws of 1914 as
amended,known as the Worker's Compensation Law, covering all operations Of the
Contractor, whether performed by him or by his subcontractors.The Agreement shall be
void and of no effect unless the person or corporation making or executing same shall secure
compensation coverage for the benefit of, and keep insured during the life of said
Agreement such employees in compliance with provisions of the Worker's Compensation
Law.
13
2. General Liability;(Coinprehensive Form)Insurance-Contractor's liability
insurance issued to and covering legal liability of the Contractor with respect to all work
performed under the Agreement in an amount not less than Two (2)Million Dollars.
12.2 Bonds
In the event the Contractor secures a Performance Bond from any of its subcontractors,
said bond shall also name the Town of Southold as a dual obligee.
13.0 INDEMNITY(HOLD HARMLESS)
Contractor shall agree to defend,indemnify and save harmless the Town against any and
all liability, loss, damage, detriment, suit, claim, demand, cost, charge, attorney's fees and
expenses of whatever kind or nature which the Town may directly or indirectly incur, suffer or
be required to pay by reason of or in consequence of the carrying out of or the performance of
the terms of such Agreement, or the failure to carry out any of the revisions, duties, services or
requirements of such Agreement, whether such losses and damages are suffered or sustained by
the Town directly or its employees, licensees, agents, engineers, citizens or by other persons or
corporations, including any of the Contractor's employees and agents who may seek to hold the
Town liable therefor. This obligation shall be ongoing, survive the term of the Agreement and
include,but not be limited to, claims concerning non-sudden environmental impairments.
14.0 PAYMENTS
Contractor shall receive monthly payments for services performed during the prior
calendar month upon submission of an invoice(with a Town voucher)that shall contain an
itemized list of trips from the Town of Southold Transfer Station including the tonnage of all
materials hauled and the manifest number for each load removed. Such payments shall be made
within sixty(60) days of the Town's approval of Contractor's invoice. Contractor's monthly
invoice shall include a daily summary of tonnage received by Contractor at the Transfer Station.
The Town shall be entitled to deduct from any payment owing to Contractor any sums expended
by the Town to cure any default or other non-compliance by Contractor.
15.0 DEFAULT
In the event the Contractor fails to perform its obligations under the 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 and/or draw upon the Performance Bond as full or partial
reimbursement for such excess costs. The Town reserves the right to terminate the Agreement
for just cause.
16.0 TERM OFAGREEMENT
14
,
The term of this Agreement(s) shall be one(1)year commencing on the date of execution
of the Agreement. The Town and the contractor(s), shall have the mutual option of renewing the
Agreement for one(1)additional one(1)year term through written notice not less than thirty(30)
days prior to the expiration of the term.
17.0 RIGHTS AND OPTIONS
The Town of Southold,New York,reserves and holds at the following rights and options
upon issuing this Bid Solicitation:
1. To award an Agreement to the candidate whose bid is judged to be the lowest
responsible bid pursuant to Section 103 of the General Municipal Law of the State of New York.
2. To reject any and/or all bids.
3. To issue subsequent bid solicitations.
4.- To issue additional and subsequent solicitations for statements of qualifications, and
conduct investigations or interviews with respect to the qualifications of each Bidder.
5. To designate another public body,private or public agency, group, or authority to act
in its behalf for evaluation and Agreement negotiations.
6. To designate another public body, private or public agency, group, or authority to act
in its behalf for contract administration of this project at any time during the Agreement period.
EX I. IT
15
1
SECTION B
BID SPECIFICATIONS
(TECBMCAL/MANAGEMENT)
16
'1
SECTION B
BID SPECIFICATIONS
TECHNICAL/MANAGEMENT
1..0 REQUIREMENTS
This request for bids is issued for the Town of Southold, State of New York,
Town Hall, 53095 Main Road, Southold,New York, 11971 (Telephone(631)
765-1800) the effort, shall be known as the Town of Southold recyclable materials hauling and
processing services.
The Town of Southold seeks to engage a qualified Contractor to haul recyclable materials
received at its MSW Transfer Station in Cutchogue,NY to Agreed Upon Sites. The Town will
need to dispose of approximately 1,500 tons of recyclable materials during each year of the
agreement. Specifically,the contractor(s)must provide equipment,labor,maintenance,
management and policies to operate a transportation system for hauling recyclable materials and
provide for the processing of such materials as described herein. The contractor must perform all
work in accordance with applicable federal, state, and local regulatory requirements.
2.0 PROGRAM GOALS AND OBJECTIVES
The goal of this project is the continued safe and reliable hauling and processing of
recyclable materials from the Town Of Southold Transfer Station at minimum cost to the
citizenry.
3.0 CHARACTER AND AMOUNTS OF MATERIALS
The wastes which are to be hauled and disposed of under terms of this bid solicitation are to
include typical recyclable materials from a suburban community, as described in the Glossary of
Terms. This Agreement will not provide any guarantees with respect to the volume of waste to be
hauled,processed and/or disposed of by Contractor.
3.1 Quantities
The Town collected approximately 900 tons of Paper Fiber Recyclables and 275 tons of
Commingled Recyclables in 2023. Changes to the Town's Recycling programs may affect the
quantity and characteristics of the recyclables received at the Town of Southold Transfer Station.
CURRENT PRACTICE: The Town currently utilizes 100-cubic yard walking floor
trailers and 50-cubic yard rolloff containers for recyclable materials removal.
17
3.3 Non-Compliance Waste
If the Contractor discovers any non-compliance waste(hazardous,regulated medical or special
wastes), the Contractor shall notify the Town and dispose of the noncompliance waste in
accordance with local, state and Federal regulations. Compensation for such waste disposal
services shall be provided for by the Town.
4.0 SCHEDULE OF CUTCHOGUE TRANSFER STATION
The Town of Southold Transfer Station is open 7 days a week, except holidays, from 7:00 A.M.
to 5:00 P.M. The Transfer Station's business office hours are 8:00 A.M. 4:00 P.M. Monday
through Friday.
The Transfer Station is closed on the following holidays:
New Year's Day Martin Luther King Day
Lincoln's Birthday Presidents Day
Easter Sunday Memorial Day
Emancipation Day Labor Day
("Juneteenth") Election Day
Independence Day 12:00 Noon day before Thanksgiving
Columbus Day 12:00 Noon day before Christmas
Veterans Day 12:00 Noon day before New Year's Day
Thanksgiving
Christmas
5.0 PROGRAM ACTIVITIES
5.1 Contractor Responsibilities
The Contractor will be expected to be available to remove materials from the Transfer Station
during the following hours:
Monday through Sunday 7:00 A.M.to 4:00 P.M., although Sunday removals are generally
not expected to be needed unless specifically requested by the Town.
The Contractor will be expected to provide sufficient frequency of service so that recyclable
materials delivered to the Town Transfer Station can be loaded within 72 hours of its delivery,
and RECYCLABLE MATERIALS are to be loaded upon accumulation at the Transfer Station
of not more than 100 cubic yards.The Town is prepared,with adequate prior coordination,to
"live load" contractor trailers/containers upon arrival at the Town Transfer Station; alternatively,
the contractor may stage transfer containers at the Transfer Station for loading by Transfer
Station Staff as needed.
All containers shall have covers available,although any empty containers delivered to the Transfer
Station for staging shall be left open.
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THE TOWN WILL CONSIDER ALL TRANSPORT OPTIONS, WITH A PREFERENCE
HOWEVER TOWARD THOSE THAT PROPOSE CONTAINERS OF A SIZE LARGE
ENOUGH TO HOLD THE STANDARD MA.MUM WEIGHT ALLOWED BY
NEW YORK STATE DOT(80,000 LBS), SUCH AS 100 CUBIC YARD CAPACITY
LONGHAUL TRANSFER TRAILERS.
5.2 Town Responsibilities
Town staff will load materials into contractor containers using a front end wheel loader. For
staged trailers,after loading,the Town will bring trailers to the Town's truck scales for weighing
to prevent overloading and to document haul and disposal tonnages. Town personnel will then
cover(tarp) the loads prior to leaving the site. The Town will at all times exercise due caution
with regard to loading and/or moving the Contractor's equipment and agrees to notify the
Contractor promptly of any damage or unusual occurrence with regard to the equipment while
it is under the care and control of the Town. For live-loaded trailers, the contractor will be
responsible for ensuring adequate coverage of the load prior to leaving the Transfer Station
facility.
5.2 Routing Mode
Contractor will have the right to select the route(s)for travel from the Town of
Southold transfer Station to the Destination Site(s). Contractor warrants and guarantees that, in
selecting and utilizing such route(s), Contractor will insure that it is not violating any
applicable motor vehicle height(overpass clearance),motor vehicle weight restrictions,local
ordinances or Interstate Commerce Commission regulations. Contractor will indemnify and
hold the Town harmless from any-claims, fines and other damages assessed upon or incurred
by the Town as a result of any violations of applicable restrictions or regulations relating to the
routes traveled by the Contractor.
5.4 TOWN OF SOUTHOLD ACCIDENT AND DAMAGE POLICY
The Contractor and The Town shall be required to prepare an Accident Report for any
accidents and/or damage that occur while performing respective duties under the term of the
Agreement. Both parties agree to notify the other immediately of any major occurrences such
as bodily injury or structural damage to the Town's Transfer Station or the Town's or
Contractor's equipment. An Accident Report will be submitted to the appropriate within
twenty-four(24)hours containing the date,time, location, and complete description of all
incidents. If occurring at the Town's facility,the offending parts or representative/s thereof
shall also be recorded and required to sign any accident/damage report prior to departing the
Town of Southold Transfer Station.
19
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6.0 NYSDEC PART 360 PERMIT TO OPERATE
The Town Of Southold operates the Transfer Station under a New York State Department of
Environmental Conservation (NYSDEC) Part 360 Permit to Operate. A copy of NYSDEC
Permit is available for viewing at the Transfer Station business office upon request.
7.0 COMPENSATION
The Town will compensate the Contractor for materials hauled on a per-trip basis BASED ON
THE CONTRACTOR'S BID PRICE FOR A 100-CUBIC YARD TRAILERICONTAINER. IN
THE EVENT THE CONTRACTOR UTILIZES A CONTAINER SMALLER THAN 100-
CUBIC YARDS, THE TOWN WILL COl1MENSATE THE CONTRACTOR AT A PRO-
RATED PRICE BASED ON THE PER YARD EQUIVALENT OF THE CONTAINER
CAPACITY. The Contractor's manifest summary may be used for billing purposes, but will be
compared against the Town's scale receipts before the Town makes payment. In the event of any
dispute over differences in net trip counts between the Town and Contractor's records, the Town
may make payment upon the trip count it deems to be most correct,until the dispute is reconciled.
Any claims for differences must be filed in writing within sixty (60) days of occurrence or the
Town's calculation shall be deemed final and binding between the parties.
8.0 SAFETY AND HEALTH REGULATIONS
The Contractor shall comply with all current Federal Department of Labor, Safety
and Health Regulations under the Occupational Safety and Health Act, 1972 (PL
91-596) and Section 107, Agreement Work Hours and Safety Standards Act (PL
91-54).
The Contractor shall comply with all local,state and Federal regulations,laws and statutes
which apply to the work and to safety in particular.
The Contractor shall comply with New York,State Department of Labor current requirements.
The Contractor shall be solely and completely responsible for operational safety
during performance of the Agreement. The obligation exists twenty-four (24)
hours a day, each and every day throughout the term of the Agreement.
The Town of Southold shall not have any responsibility for means, methods,
sequences of techniques selected by the Contractor for safety precautions and
programs,or for any failure to comply with laws,rules,regulations,ordinances,
codes or orders applicable to the Contractor furnishing and performing the
services under the terms of the Agreement
9.0 CONTACTS
The Contractor shall provide the Town with a list of key personnel/staff that will be servicing the
account for the contractor, including job title,names and telephone numbers.
20
10.0 SUPPORTING DATA
In the event the Town requires any information in support of its operations or to meet federal,
state, or local reporting requirements,the Contractor agrees to furnish all licenses,permits and
inspection reports regarding equipment and disposal sites which may be required by Town,
County, State or Federal law within 48 hours of being requested by the Town. In the event the
Contractor requires any information in support of its operations or to meet federal, state, or local
reporting requirements,the Town will provide such information as it applies to Southold Town
operations.
21
SECTION C CONTRACTOR BID FORM
SECTION C
TOWN OF SOUTHOLD
RECYCLABLE MATERIALS HAULING AND PROCESSING
SERVICES CONTRACTOR BID FORM
1.0 GENERAL BID STATEMENT
TO: TOWN OF SOUTHOLD
STATE OF NEW YORK
53095 MAIN ROAD
SOUTHOLD,NEW YORK 11971
To Whom It May Concern:
The undersigned Bidder has carefully examined the forms and content of the Bid Solicitation,
including notice to bidders,bid bond,sample operating agreement,performance bond,certificates
of insurance, general conditions,bid specifications, and addenda, has familiarized itself with the
sites of work, and hereby proposes to furnish all necessary services, permits, labor, materials,
equipment, vehicles, and tools required to perform and complete the work in strict accordance
with all of the bid documents written by or on behalf of the Town of Southold for this project.
The undersigned Bidder agrees to abide by all conditions stated, intended, implied both
particularly and generally by the terms of this Bid Solicitation,the Agreement to be provided by
the Town, and the unit price Bid herein stated.
1. The Undersigned Bidder also agrees as follows:
FIRST: If this bid is accepted, to execute the Agreement and furnish to the Town a
satisfactory performance bond,and notification of insurance within ten(10)calendar
days.
SECOND: To begin Materials hauling services operations on the commencement date of
any Agreement awarded hereunder.
THIRD: To pay the Town any and all damages it may incur as a result of the
Contractor's failure to perform all acts necessary to the execution of the Agreement as
provided in the Bid Solicitation.
FOURTH:During the performance of this Agreement,the Contractor hereby agrees
as follows:
22
The Contractor shall not discriminate against any employee or applicant for
employment because of age, race, creed, color, sex, sexual orientation, marital
status,national origin, or physical disability.
a. The Contractor shall comply with the provisions of Sections 290 through 301 of the
Executive Law, shall furnish all information and reports deemed necessary by the
State Commission for Human Rights under these nondiscrimination clauses and such
sections of the Executive Law, and shall permit access to his books,records, and
accounts by the State Commission for Human Rights,the Attorney General, and the
Industrial Commissioner for purposes of investigation to ascertain compliance with
these on discrimination clauses and such sections of the Executive Law and Civil
Rights Law,
b. This Agreement may be forthwith cancelled,terminated, or suspended, in whole or in
part, by the Town upon the basis of a finding made by the State Commission for
Human Rights that the Contractor has not complied with these nondiscrimination
clauses.
c. No laborer, workman or mechanic in the employ of the Contractor or subcontractor
shall be permitted or required to work more than eight hours in any one calendar day,
or more than five days in any one week except as otherwise provided in Labor Code
Section 220.
d. The Contractor shall include the provisions of clauses (a) through (d) in every
subcontract or purchase order in such a manner that such provisions will be binding
upon each subcontractor or vendor as to operations to be performed within the State
of New York.
FIFTH: By submission of this bid,the Bidder and each person signing on behalf
of any Bidder certifies, and in case of a joint bid each party thereto certifies as to
its own organization,under penalty of perjury,that to the best of his/her/its
knowledge and belief
a. The prices in this bid have been arrived at independently without collusion,
consultation, communication, or agreement for the purpose of restricting competition.
b. 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.
c. No attempt has been made nor 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.
23
1 B
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2. The undersigned also declares that it has or they have carefully examined the Bid
Solicitation requirements and sample operating agreement and that it has or they have
personally inspected the actual location of work,together with the local sources of
supply,has or have satisfied itself or themselves as to all the quantities and conditions,
and waives all rights to claim any misunderstanding, omissions or errors regarding the
same which such inspection and observation would have disclosed.
3. The undersigned submits herewith a bid guaranty within the form provided by the
applicable bid documents in the amount of$5,000.00 (Appendix A) for any option or
combination thereof. In the event this proposal is accepted, and the undersigned fails,
within ten(10) calendar days after date of receipt of Notice Of Award from the Town to
execute and deliver an Agreement in the form provided by the Town or fails to execute
and deliver evidence of proper insurance coverage and performance bond in the amounts
required and in the prescribed form within ten(10) days after Notice of Award,the bid
guaranty shall be forfeited and be retained by the Town toward the satisfaction of
liquidated damages and not as a penalty. Otherwise,the total amount of bid guaranty
liquidated will be returned to the Bidder.
4. The Bidder has completed the Contract Bid Form and Unit Price Schedules in both
words and numerals in accordance with these bid requirements.
24
EXHIBIT B
RESOLUTION 2024-635
ADOPTED DOC ID: 20432
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-635 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 16,2024:
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of
Mattituck Environmental Services, Inc. to supply the Town with services for the removal and
processing of paper and comingled recyclables from the Cutchogue Transfer Station at the prices
submitted in their bid of June 27, 2024 in response to the solicitation submitted by the Solid
Waste Management District for such services, all in accordance with the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [5 TO 01
MOVER: Anne H. Smith, Councilwoman
SECONDER:Jill Doherty, Councilwoman
AYES: Doroski, Mealy, Smith, Doherty, Evans
RECUSED: Albert J Krupski Jr
EXHIBIT C
2.0 UNIT PRICE BID SCHEDULE, RECYCLABLE
MATERIALS HAULING AND PROCESSING SERVICES,
SOUTHOLD TOWN, NEW YORK
The'undersigned'hereby submits::tlze follovving.prices bid to furni§li,Faper Fiber. al C Aromm' ingled
Recycling.:Haul Services, to,.Southold Town,-.New:'York for the term:on:or. about August: .10 2�-
throtigh:oii:or-aboiit.August:?9?31 02-�
2.1 TASK_ 1: PAPER FIBER RECY61LABLES HAULED TO AGREED.UPON
PROCESSOR
2.1.1 MODE OF TRANSPORT
Please indicate the transportation method(s)proposed for providing services for this task under
this Agreement, as follows: t
Vehicle Type(e.g.,roll-off,tractor-trailer, etc):
Container Size(volume):
2.1.2 FIBER RECYCLABLES HAUL SERVICES PRICING
The Haul Service applicable unit price (i.e., cost per truckload) for(@ August 2022—August
2023)
(in words) 1 0(b
Dollars and 13.1 cents($: )` (FRC1)
(in numerals)
PER 100 CUBIC YARD CONTAINER for an estimated —loads
(#of loads in numerals)
(trips)in the AGREEMENT YEAR(FRT1).
25
Town of Southold Bid—Recyclables Hauling And Processing Services
TASK 1 EVALUATION BID PRICE:
TOTAL YEAR COST FOR PAPER FIBER RECYCLABLES TRUCKING(UNIT
COST x#OF LOADS):
(in words)
hftCe-d Cb)lao s
m numerals
2.2 TASK 2: PROCESSING OF PAPER FIBER RECYCLABLES AT AGREED
UPON PROCESSOR
2.1.2 PROCESSING OF PAPER FIBER RECYCLABLES AT AGREED UPON
PROCESSOR
W24 2DZS
The Processing Service applicablp�unit price(i.e., cost per ton for August 2——August 2-6H)is
dollars and
(in words)
cents($ i }.
(in numerals)
for an<estiri tasted-'l! tons in the AGREEMENT YEAR.
(#of tons in numerals)
� � dYJ2)-
26
' Town of Southold Bid—Recyclables Hauling And Processing Services
TASK 2 EVALUATION BID PRICE:
TOTAL YEAR COST FOR COMMINGLE�D�-RECYCLING PROCESSING(UNIT COST x
TONS) !�..��- � �— .. .
(in words)
(in numerals)
2.3 TASK 3: .COMMINGLED RECYCLABLES HAULED TO AGREED UPON
. . .:........ ...
PROCESSOR
2.3.1 MODE OF TRANSPORT
Please indicate the transportation method(s)proposed for providing services for this task under this
Agreement, as follows:
Vehicle Type(e.g.,roll-off, tractor-trailer,etc): . c Lcdy.u' (Q'�:
Container Size(volume): �n
2.3.2 COMMINGLED RECYCLABLES HAUL SERVICES PRICING
OW 2025
The Haul Service applicable unit price(i.e., cost per truckload) for August 2622=August 21yn is
Dollars and _,K)' cents
—T
(in words)
for an estimated._---- loads (trips) in the
(in numerals) (in numerals)
AGREEMENT YEAR.
27
s ,
Town of Southold Bid—Recyclables Hauling And Processing Services
Total COMMINGLED Recyclable Materials Trucking.Price:(CRCI.x CR11): (TCR.CI,)
TASK 3 EVALUATION BID PRICE:
TOTAL YEAR COST FOR COMINGLED RECYCLABLES TRUCKING (UNIT PRICE
x# OF LOADS):
(in words)
r-72-OD �
(in numerals)
2.4 TASK 4: PROCESSING OF COMMINGLED RECYCLABLES AT AGREED
UPON PROCESSOR
2.4-2 PROCESSING OF COMMINGLED RECYCLABLES AT AGREED
UPON PROCESSOR
The Processing Service applicable unit price(i.e., cost per ton) for August 2ezf—August.2$�3:}.,J$.
Gr dollars and cents
(in words)
(in numerals)
for an estimated— tons in the AGREEMENT YEAR.
(#of tons in numerals)
TASK4 EVALUATION BID PRICE:
TOTAL YEAR COST FOR COMINGLED RECYCLABLES PROCESSING(UNIT PRICE
x TONS:
= iJ G ` C
(in words)
DD-
(in numerals)
28
Town of Southold Bid—Recyclables Hauling And Processing Services
Agreement Bid Price Evaluation (all prices in numerals)
DO
TASK 1 EVALUATION BID PRICE: j
TASK 2 EVALUATION BID PRICE` ,
TASK 3 EVALUATION BID PRICE:
TASK 4 EVALUATION BID PRICE:
TOTAL AGREEMENT COST:
SIGNATURE BLOCK
The undersigned hereby submits the foregoing prices to furnish recyclable materials hauling and processing services as described in
this solicitation
'H'af hhk&VI 01 fil—w 5(00 CUM ryA-ILO
Bidder:
Firm-corporation Address ` , �
BY: 1LZq
Signature-Authorized Representative Date
�-
Print'. `-�►v IQ�: 1�� i � J
Title
29
•' , Town of Southold Bid—Recyclables Hauling And Processing Services
SECTION D APPENDICES
30
Town of Southold Bid—Recyclables Hauling And Processing Services
.APPENDIX A- SUBCONTRACTORS d4pplicabte'
The Bidder hereby states that it proposes,if awarded an Agreement to use following haul subcontractors
on this project.
Subcontractor/
Contract Trade
Individual Address Phone# Specialties 1.
2._
4.
5 � `1
Name of Bidder:
Mad � T .
$y: Date:
(Authorized: ignalure :
NOTE: If blank not applicable,fill in with N/A
31
' Town of Southold Bid_Recyclables Hauling And Processing Services
APPENDIX B.- FORM OF PERFORMANCE.BOND ("if rdoirdd)
Bond No.
PLEASE TAKE NOTICE, that
(hereinafter called the"Principal")and (hereinafter called the
"Surety") are held and firmly bound to the Town of Southold (hereinafter called the "Owner") in the
full and just sum of dollars (TBD) good and lawful money of the United States of America, for the
payment of which sum of money,well and truly to be made and done,the Principal binds himself,his
heirs, executors, administrators and assigns and the Surety binds itself, its successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written Agreement on the
day of2024,with the Town of Southold for recycled materials Haul Services, a
copy of which Agreement is annexed to and hereby made part of this bond as though herein set forth
in full.
NOW,THEREFORE,the conditions of this obligation are such that if the Principal,his or its
representatives or assigns, shall well and faithfully comply with and perform all the terms, covenants
and conditions of said Agreement or his(their,its)part to be kept and performed and all modifications,
amendments, additions and alterations thereto that may hereafter be made, according to the true intent
and meaning of said Agreement, and shall fully indemnify and save harmless the Owner from all cost
and damage which it may suffer by reason of failure so to do, and shall fully reimburse and repay the
Owner for all outlaw and expense which the Owner may incur in making good any such default, and.
shall protect the said Owner against, and pay any and all amounts, damages, costs and Judgments which
may or shall be recovered against said Owner or its officers or agents or which the said Owner may be
called upon to pay to any person or corporation by reason of any damages arising or growing out of the
doing of said work, or the repair of maintenance thereof, or the manner of doing the same, or the
neglect of the said Principal, or his (their, its) agents or servants or the improper performance of the
said work by the said Principal, or his (their, its) agents or servants,or the infringement of any patent or
patent rights by reason of the use of any materials furnished or work done as aforesaid or otherwise,
then this obligation shall be null and void, otherwise to remain in full force and effect;
Performance Bond Appendix B
Page 1 of 2
PROVIDED, HOWEVER, the Surety, for value received hereby stipulates and agrees, if
requested to do so by the Owner,fully perform and complete the work mentioned and described in said
Agreement,pursuant to the terms, conditions, and covenants thereof, if for any cause the Principal falls
or neglects to so fully perform and complete such work and the Surety further agrees to commence
such work of completion within ten(10) calendar days after written notice thereof from the Owner and
to complete such work within ten(10) calendar days from the expiration of the time allowed the
Principal in the Agreement the completion thereof; and further
PROVIDED,HOWEVER,the Surety,for value received,for itself and its successors and assigns,
hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired
or affected by an extension of time, modification, work to be performed thereunder, or by any payment
thereunder before the time required herein, or by any waiver of any provisions thereof, or by any
assignment,subletting or other transfer of any work to be performed or any monies due or to become due
32
r t
Town of Southold Bid—Recyclables Hauling And Processing Services
thereunder; and said Surety does hereby waive notice of any and all of such extensions, modifications,
omissions, additions, changes, payments, waivers, assignments, subcontracts and transfers, and hereby
expressly stipulates and agrees that any and all things done and omitted to be done by and in relation to
assignees, subcontractors, and other transferees shall have the same effect as to said Surety as though
done or omitted to be done be or in relation to said Principal.
IN WITNESS WHEREOF,the Principal has hereunto set his (their, its)hand and seal and the
Surety has caused this instrument to be signed by its
and its corporate seal to be hereunto affixed this day of 2024
By:
Principal
(If Corporation add
Seal and Attestation)
Attest: ,
(If Corporation add By:
Seal and Attestation) Surety
Attest:.
Address of Surety
Performance Bond Appendix B
Page 2 of 2
33
y THE HANOVER INSURANCE COMPANY
' MASSACHUSETTS BAY INSURANCE COMPANY
CffVENS INSURANCE COMPANY OF AYERICA
POWER Or-ATTORNEY
THIS Power of Attorney Omits the acts of those named heroin,and they have no authority to bind the Company except in the manner and to the
extent herein stated.
KNOiN ALL PERSONSSYTHESE PRESENTS:
That TH E HANOVER INSURANCE COMPANY and MASSACHU$ETTS BAY INSURANCE COMPANY,both being corporations orua krod and existing under th e
Laws of the State of New Hampshire.and CITIZENS INSURANCE COMPANY OF AMERICA.a ooMoration organized and existing under the lawsof the State of
Michigan.(h ar ft K individually and collectively tho'Company)does hereby aonstitute and appoint,
Angela Y.Buckner
Of Charlotte,NC individually.ifffw*be motethanone named.as itstrue and lawful attarney(syin-fact to sign.execute.seal,acknawtedgeond
deliver for.and on its behalf.and as its act and deed any place within the United States.any and all suretybonds.rewenb ees,unde4fak1n9s,or other surety
ebCiQriycsns.Tfw e><eci+ticti or 3uch.sura reGa�7z�rtc+cs.uniletiakirtps crssuaty otilg3boris,to fxirsumsoQ of these txesottts.%Wbc as b&tid4V upo
ty bonds. ,, nth*
Companyasiffheytiedtreedduys4h4dtiythepicxssfeniendsttestedtryttigseirataryotffiirCompamf.irithe+rciaripro{r¢rp@rscns.PtovidedTiosre'tiatthls
power.of attorney limits-the acts of d 0;;i named hiereki:and Uney htYe-no authority to bind doe Company extepi 4tte trainer stated eirl'to the ticttnt of,any
tirritalion stated below:
Any such;obNatlons in the United Slates,not to exceed FoitVi Million and Noh lki($46,000;1001,isi any siholc.I,nstanco
That dwspmreeis'nwde and executed pursuantm the authority aftheto4*win9ResoW6ons passed trythe Board ott irectwsofsn 6cnpair14 and saidResou6ons
remain in full torte and ef ect-
SurotyBondNumber. Bid Bond
Ptinclpal:Mattituck Environmental Services,LLC
Obligoo: Town of Southold
RESOLWO.That thwPiesideintai any Vita President.in aanjemt ion with any Vice Pm..ident,the'a"nd theyherebycu e:authorizcd ana"ampo�red id.
tppolht Attq"rneys io tact of the COitipstisy.in its riame aid a ;it nets:to execute And irdi1roatled9 for aiid on its behalf as surety.any and all bonds.
niCC dgnizarioos,contracts of indemnity,waivers of citation and all otherwddngs obligatory in the nature t weof.with power to attach thereto the aealolehe
Company.Any such writings so executed by such Attorneys in-tact shall be binding upon the Company as if they had boen duty executed and
acknowled;ed bythe regularly elected officers of"Company in theirawn proper persons.
RESOLVEO:That any and 00 Powofs of Attorney grid CertiSW Copies of such Powers of AUothoy and certS6Wtion in rospett theretts.Vanted and _
ex¢cuted by the President or Vice President in conjunction with any Vice President of"Company.shall be binding on the Companyllp tha samrt extent
as d all signatures therein were manually affixed,even thoughone or more of anysudn signebaes thereon may be facsimile.(Adopted'Odober7.1081—
The Hanover(nswanco Company:Adopted April 14,1 P82—Massachusetts Say Insurar"Company,Adopted September 7.2001—CiOeens insutnrnoe
Company of America and*MM*ed by Qaott Company on March 24.20 t4)
IN W ITN ESS WfHEREOF.THE HANOVER INSURANCE COMPANY.MASSACHUSETTS i3AY INSURANCE COMPANY and CITIZENS INSURANCECOMPANY
OF AM ERICA have caused these presents to be sealed with their respective corpoate seals.duly attested by two Vice Presidents this 66 day of April,2023
a
TDtltawera laarra+ltt C«apaeT lawraeccCoeapsay
bft+e+tlrstttta Bay wers"t Caspsoy eay Irtais,si$is—faay
tftts>kies[scvsieteCtrayan4GsfAeektki Ilwa, tewpeayofAaedca
JI)k N.Kswisetl,Vice Pasldent i1or;M fl+ndozif uko.prsstda+I
STATE OF CONNECTICUT }
COUNTY OF HARTFORO 1 t s
011thli6o+dnyofApri13023bttdratntaemitsc�s"aabrivertaariedFaceattive�/i4s�res?dtrn4isitd:ViraF�i�ars2dtntofTTNSHmnavbitnsuraeuoCampanY" .. ,sam
gay tinsnaainoo Cornpat*and Citizgm;insurance Company of Amerlc;r lo;m*PQr*aaaey known ld ba the irt�Swts oand'offroers desaib d;hioran.,and
notxneswted9ed that the`scoots"offixed:to'thepreceduip insWmeritare'fhe,coc,pm.16 zcals'of The Hanover# itance Catnp?nY.Uassac#wsetts 6aylns6ranee
CQttipatiyartd:Ciaicrts;trtstiraatis Campoiij of Ante+tca,7cspecdirely":and.thatthe:se7d gwwAte starts atid:t'halr I2A*turc^s as.otYwotrs a+erc duty aRbced.ortd
sutrscnbRd inittrurnont tiv and discctioti f sald.Corpwabens:
Wendy Lstoumes
�� ._Ntxay Plbac,sG►te o�Conneclrcat � .
o Y Utou di o tsc�tr : u
Aiy:Ctif npt Expitas 31.= Miratxrlftttsn t>az iron`; .aty;I i 202A
I,the undersla ned Vice President of The Hanover Insurance Company.Massachusetts any insurance Company and Citimfu Insuance Com*rty of America.
hereby'cvrdify ttwt fht above and torogoing 6 a 4A,bve and cooed copy of the Orioinal Power of A.tto nay issued by said Companies,and dviwreby furtheroettify
that the said Powers of A.tfomey.airs still in force and.effcct.
GIVEN under my hand and the seals orsaid Companies.at Worcester,Massachusetts.Cull 27th day of _ June . .... 2024
T7lr tarrnace'
i tt ear"tall essay
CERTIMD COPY
5r Rs*c%ldc.Vks Prtadmi
r -
' 'the
The Hanover Insurance Company pp {�yy //'�►►�y ry�
,�-- HcalUM .
� Citiz ens insurance CompanyofAmerica i1IIJ BL,ND
nsl ranee Group Massachusetts Bay Insuamce Company
CONTRACTOR: SURETY:
t
(Name,legal status and address) (Name,legal status and principal place of business)
.,Mat it irk Fovir I Services,LLQ
560 Commerce'RQad The Hanover Insurance Company
440 Lincoln Street
.Cutchogue...NY 11935
Worcester,MA 01653
OWNER:
(Name,legal status and address)
Town of Southold .. .....
53095.Main Road ..
..Southold.NY 11971. .
BOND AMOUNT: $5 000.00 Five Thousand Dollars.and 00/:1.00.
PROJECT:
(Name,location oraddress,and Project Number,If any)
Recyclable Materials Hauling and Processing Services
The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and
Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein. The
conditions of this Bond are such that If the Owner accepts the bid of the Contractor within the time specified in the bid documents,
or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters Into a contract
with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or
Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the owner,for the faithful
performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to
the Owner the difference,not to exceed the amount of this Bond,between the amount specified In said bid and such larger amount
for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation
shall be null and void,otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between
the Owner and Contractorto extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply
to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,
and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days.
if this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to
be Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a'statutory or other legal requirement in the location of the Project, any
provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the Intent is that
this Bond shall be construed as a statutory bond and not as a common law bond.
The Hanover insurance Company vouches that the original text of this document conforms exactly to the text in AiA DocumentA310(2010 Edition}
Bid Bond.
a� Z
Signed and sealed this 27th day of June 2024
tNitneSs Mattituck.Environmental SerVlces,_LLC
(Contractor as pttijcip
--
Y' � '
(Seal)
B
/mil / �/ 1 t,,,�
Hams: L",1'f '` ... , iris . .. . Name: �. �/t�''�ap,
Title:
Witness The Hanover Insurance Company
. e
By: By
Name: Jenny-Snell, tllige)a'Y. Buckner....'
Name:
Title: Attorney-in-fact
i
Surety Phone No. 508-853-7260 x-
s
The Hanover Insurance Company vouches that the orlginal text of this document conforms exai aly to the text in AIA Document Akb(2016 Edition)
Bid Bond.
COVER SHEET FOR DOCUMENTS
Sent To:
Sent By: TOWN ATTORNEY, PAUL M. DECHANCE
DEPUTY T/A, JACK SQUICCIARINI
ASSISTANT T/A, JULIE M. MCGIVNEY
ASSISTANT T/A, BENJAMIN JOHNSON
CONFIDENTIAL SECRETARY, AMY SCHLACHTER I"
Type Of Agreement:
Nature Of Contract/Agreement S&koV L I�
RECEIVED
i AN -g �
Soelthotd town Cferk