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HomeMy WebLinkAboutSand for Highway RESOLUTION 2025-74 ADOPTED DOC ID: 21007 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2025-74 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 7,2025: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Bittle & Sons Inc for supplying the Southold Town Highway Department with sand for the year 2025 at $29.92 per cubic yard. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Brian O. Mealy, Councilman SECONDER:Louisa P. Evans, Justice AYES: Doroski, Mealy, Smith,Krupski Jr,Doherty, Evans AGREEMENT VL THIS .A.GREEME-NT, entered into this l!day of February, 2025, 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 Bittle & Sons, Inc. (the"Contractor"),with an address of 1230 Station Road,Medford,New York 11763; WITNESSETH, that the Town and the Contractor, for the consideration hereinafter named, agree as follows: WHEREAS, public advertisement in accordance with the provisions of Section 103 of the General Municipal Law of the State of New York was made and pursuant thereto scaled bids were received and publicly opened and read aloud at the designated time and place as indicated in the Invitation to Bid, and the Contractor herein having been awarded the contract after due consideration of all bids received. NOW,THEREFORE,it is mutually agreed as follows: 1) The Contractor agrees to furnish all the goods, wares and merchandise required under the proposal,specifications and terms and conditions contained in said invitation to bid,in strict accordance therewith and the proposal of the contractor submitted in response thereto. The specific items, terms, conditions and specifications identified in the bid document and . requirements set forth and submitted as part of the bid submission documents, are hereby included, incorporated and made part of this contract and the provisions shall be as binding upon the parties hereto as if they were herein fully set forth. Prevailing wages must be paid as required under New York State law. 2) The Contractor shall receive as full compensation for all of the goods and or services, wares and merchandise supplied and delivered in accordance with the purchase orders hereinafter placed by the office of the Southold Town Highway Department, or by such other Departments of the Town of Southold as my be authorized to place such an order, the sum or sums as set forth in the proposal of the Contractor submitted in response to the invitation to Bid and incorporated herein by reference. The said compensation shall be all inclusive and contain the entire and complete charges to the Town of Southold. The Contractor shall make claim for payment upon claim vouchers supplied by the Town of Southold. 3) Notwithstanding anything contained herein to the contrary, this contract shall commence upon execution, unless terminated for cause prior thereto in accordance with the terms and conditions of the Invitation to Bid hereinabove referred to, or by virtue of any reason, cause or manner, arising out of failure to perform in accordance with the terms of the within contract. 4) The Contractor shall have no right or power to assign this contract, in whole or in part, nor to assign any right arising from, or monies due or to grow due hereunder, without the prior consent in writing of the office of the Town Attorney. 5) The Town of Southold reserves the right to cancel and annul this contract, for any breach of the terms hereof or of any matters incorporated herein or in the event that the goods, wares and merchandise supplied by the Contractor are not as bid. 6) As authorized by General Municipal Law Section 103 of the State of New York, the Town of Southold allows political subdivisions the use of its contracts to purchasing goods and/or services awarded as a result of a Town of Southold bid; and to participate in the awarded contract per the same terms and conditions. Political subdivisions choosing to utilize the contract will be wholly responsible for placement of orders; any debts incurred by them and each participating entity shall be billed by, and make payment directly to, the successful Vendor. However, it is understood that the extension of such contracts is at the discretion of the Vendor and the Vendor is only bound to any contract between the Town of Southold and the Vendor. 7) Price Revisions: The price revision shall only apply to materials. All prices provided in the Bidder's submission must remain firm and no adjustments will be made during the term of the contract. Notwithstanding, if after not less than one hundred and twenty (120) days from the date of the Town Board's Resolution awarding the contract, the price of material required under the contract increases due to an industry change resulting in a price increase then the price of material may be revised only to the extent necessary. Any price revision shall not exceed the amount of the actual increase in the material or component of the material. The Bidder must present proof of such price increase as verified by the manufacturers or wholesalers written notice of increase. No further price revisions will be permitted within the succeeding one hundred and twenty (120) days from the date of the price increase. If there is a decrease in the cost of the material or component thereof,then the cost of the material or component therefor shall be reduced accordingly. If there are more than two (2)price revisions in any given contract, then the Town reserves the right to deny an additional increase. a) Material Only Contracts For those contracts that are material only and are not executed by the Town Supervisor then the commencement of the one hundred and twenty (120)days for any price increase shall be from the date that the office of the Southold Town Highway Department executed the contract as set forth below. b) All prices provided in the Bidder's submission must remain firm and no adjustments will be made during the term of the contract. Notwithstanding, if after not less than one hundred and twenty (120)days from the date of the execution of the contract,the price of material required under the contract increases due to an industry change resulting in a price increase then the price of material may be revised only to the extent necessary. Any price revision shall not exceed the amount of the actual increase in the material or component of the material. The Bidder must present proof of such price increase as verified by the manufacturers or wholesalers written notice of increase. No further price revisions will be permitted within the succeeding one hundred and twenty (120) days from the date of the price increase. if there is a decrease in the cost of the material or component thereof, then the cost of the material or component thereof shall be reduced accordingly. If there are more than two (2) price revisions in any given contract year or if price as revised would exceed the second lowest bid submission, then the Town of Southold may determine not to grant an additional increase or may terminate the contact and rebid the contract accordingly. The existing term of a contract may be extended for a one (1) time limited period not to exceed one hundred twenty (120) days in order to provide for the continuation of services and/or goods during the bid review process. The contracted price and the terms and conditions of the contract shall remain in full force and effect during the limited extension. IN WITNESS WHEREOF, the Town of Southold has caused these presents to be signed by Albert J. Krupski, Jr., 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. Bittle& ors, nc. Town of Southold By: By: Authorized Agent Albert J. Kruj4ki, Jr., Sufervisor STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On this 4`A day of February in the year 2025 before me, the undersigned,personally appeared &O% ,personally known to me or proved to me on the basis of satisfact,66 evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity and that by his/her signature on the instrument,the individual or the person upon whose behalf of which the individual acted, executed the instrument. f Notary Public ELI7.ABETH A.NETS STATE OF NEW YORK) Notary Public,State of New York ss.: NO.01NE0015029 Qualified in Suffolk Count COUNTY OF SUFFOLK) Commission Expires iwl/ On this L day of February in the year 2025 before me,the undersigned,personally appeared ALBERT J. KRUPSKI,JR.,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 Public LAUREN M.STANDISH NOTARY PUBLIC.STATE OF NEW Vant Registration No.01 ST6164008 Cualifled in Suffolk County Commisskn Expires April O,20c"1- EXHIBIT A NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of a materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents,to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. Bid: Screen Sand (Signed) .� (Corporate Title (if any) (e�,-)A en-� Printed Name (L l t(&�l 0 Company. li 1�`Q. "� � T-AC` Address (66 V�--Vjon �e,r1 �C C,•C�j Phone CO�) ��"�—�Too -CJC' W'-- ' PRICE Per Cubic Yard $ (written in Numbers) �� 60b(5 �r n . �' (written out in words) COVER SHEET FOR DOCUMENTS Sent To: b,/_1) 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 SC R �r:xr '�'1,f( a SPA:,) I.A.✓brmca}� � Sl7 sa l�eY Type Of Agreement: �C FEB 14 203 Nature Of Contract/Agreement c qk �� �S