HomeMy WebLinkAboutAll Island Equipment DENIS NONCARROW Town Hall,53095 Main Road P.O.
TOWN CLERK �flF 80jy Box 1179
C� Q� Southold,New York 11971 Fax
REGISTRAR OF VITAL (631) 765-6145 Telephone(631)
� �STATISTICS MARRIAGE OFFICER 765-1800
RECORDS MANAGEMENT www.southoldtownny.gov
OFFICER FREEDOM OF
INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2026-510 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 2,2026:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Councilwoman Anne Smith, in the absence of Deputy Supervisor John Stype, to execute an
Agreement between the Town of Southold and All Island Equipment for the rental of one (1)
wheel loader, fully equipped, in an amount not to exceed Seven Thousand Two Hundred Dollars
($7,200)per month pursuant to the terms and conditions of the accepted and contracted bid dated
9/15/2025 with the County of Suffolk under Suffolk County Contract#HER100125, and
extended to the Town of Southold pursuant to Section 103(16) of the General Municipal Law,
subject to the approval of the Town Attorney and funded from budget line SR 8160 545300.
Denis Noncarrow
Southold Town Clerk
RESULT: Adopted
MOVER: Councilwoman Doherty
SECONDER: Councilman Mealy
AYES: Councilman Mealy,Justice Stevens, Councilwoman Doherty,
Councilwoman Smith, Councilwoman Suess
NAYES: None
Page 71 of 196
AGREEMENT
THIS AGREEMENT, made this (? day of �VIIJ� , 2026, by and between the Town
of Southold, a municipal corporation of the State of New York having its principal place of
business at 53095 Main Road, Southold,New York 11971,hereinafter called the"Town," and All
Island Equipment Corp., having its principal place of business at 39 Jersey Street, West Babylon,
New York 11704, hereinafter called the "Contractor."
WITNESSETH: .
WHEREAS, Suffolk County,following a competitive procurement conducted in accordance with
law, awarded Contract #HER100125 for the furnishing of heavy equipment, including wheel
loaders (the "County Contract"), to the Contractor on or about September 15, 2025; and
WHEREAS, specifically referenced and incorporated in the County Contract was an undertaking
pursuant to the General Municipal Law wherein the Contractor agreed that the County Contract
could be extended to, and accepted by, other municipalities and political subdivisions of the State
of New York; and
WHEREAS, in accordance with §103(16) of the General Municipal Law, the Town of Southold
wishes to `piggyback' onto the County Contract for the acquisition of one (1) wheel loader for the
use of the Town's Department of Solid Waste, a copy of which County Contract is attached hereto
as Exhibit"A"; and
WHEREAS, the Town Board of the Town of Southold, by Resolution No. 2026-510 adopted on
June 2, 2026, authorized the Town Supervisor to enter into an agreement with the Contractor to
acquire one (1) Hitachi ZW310-7 wheel loader for the Town's Department of Solid Waste as set
forth in the specifications detailed herein and in Exhibit"A";
NOW,THEREFORE,it is mutually covenanted and agreed by and between the parties hereto as
follows:
I. DEFINITIONS
Terms defined in the County Contract and the underlying bid solicitation shall have the same
meaning as if defined herein. For the purposes of this Agreement, where Exhibit "A" specifies
"Suffolk County"or"County,"the words"Town of Southold"or"Town"shall be substituted with
the same force and effect as contained therein.
II. SCOPE OF SUPPLY
The Contractor shall furnish, deliver, and make ready for service to the Town the equipment
described in the County Contract and more particularly described as follows (the "Equipment"):
One (1)New(2025) Hitachi ZW310-7 Wheel Loader with 1,069 Hours
Cab with Heat and Air Conditioning
5.5 cu. yd. Pin-On General Purpose Bucket
26.5 R25 (L3) Radials
Ride Control
Steering Wheel Option with Joystick Steering Option
Rearview Camera with 7" Monitor
Weigh Scale Checker System
312 hp. 6-Cylinder Cummins L9 Engine
4 Year/4,000 Hour Engine, Power Train&Hydraulics Warranty
2 Year/2,000 Hour Full Base Coverage
The Equipment shall be new and conform in all respects to the specifications, options, and
warranties set forth in the County Contract and in Exhibit "A." Delivery shall be made to such
location within the Town as the Town shall direct.
III. TERM OF AGREEMENT
The term of this Agreement shall commence on the date of execution and shall continue until the
Equipment has been delivered, accepted by the Town, and paid for in full, and thereafter for the
duration of the manufacturer's warranties set forth in Exhibit "A." In the event the Town elects
the monthly rental option set forth in Article IV, the rental term shall be on a month-to-month,
basis, terminable by the Town upon thirty (30) days' written notice, with all rental payments
credited toward the purchase price as provided herein.
IV. PRICE SCHEDULE /COMPENSATION
The Contractor shall furnish the Equipment at the prices established under Suffolk County
Contract#HER100125, as follows:
(a) Purchase Price. The total purchase price for the Equipment, fully equipped as
specified in Article 11, shall be Two Hundred Ninety-Seven Thousand and 00/100 Dollars
($297,000.00).
(b) Monthly Rental Option. In lieu of, or in advance of, outright purchase, the Town
may rent the Equipment at the rate of Seven Thousand Two Hundred and 00/100 Dollars
($7,200.00)per month under Suffolk County Contract#HER100125. One hundred percent
(100%) of all rental payments made by the Town during the first three (3) months of the
rental term shall be applied and credited toward the purchase price set forth in subparagraph
(a) above. Rental payments made by the Town for any period beyond the first three (3)
months shall not be applied or credited toward the purchase price.
The prices set forth herein are firm and shall not be subject to increase, and represent the same
prices charged under the County Contract.No charge for any item or service not expressly set forth
in the County Contract or Exhibit "A" shall be payable by the Town.
V. PAYMENTS
The Town shall pay the Contractor upon submission of a voucher following delivery and
acceptance of the Equipment,or,in the case of the rental option, upon the submission of a voucher
at the The
of each month. Such voucher shall be due and payable within forty-five {45)
days after receipt, provided the Town Board of the Town has audited and approved the voucher
for payment.
In the event that the Town disputes or objects to any portion of any voucher,the Town shall,within
thirty (30)days of receipt,notify the Contractor in writing of such dispute or objection. Contractor
acknowledges that it 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
therefor shall have been presented to the Town Board or Town Comptroller and shall have been
audited and allowed.
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, or to protect the Town
from loss on account of claims filed or reasonably anticipated to be filed:
VI. CONTRACTOR'S WARRANTS 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 equipment to be supplied during the term of this Agreement.
(b) Contractor warrants that it shall comply with all federal, state, and local laws,
ordinances, and regulations applicable to the furnishing and delivery of the Equipment.
(c) Contractor warrants that the Equipment shall be delivered new, free and clear of all
liens and encumbrances, with good and marketable title, and shall conform in all respects
to the specifications and warranties set forth in Article II .and in Exhibit "A." All
manufacturer warranties shall be passed through to and enforceable by the Town.
VII. INDEMNIFICATION/INSURANCE/BONDS
(a) Contractor agrees to defend, indemnify, 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 out or performing under the terms of this Agreement, or its failure to
carry out any of the provisions, duties, or requirements of this Agreement, whether such
losses and damages are suffered or sustained by the Town directly or by its employees,
licensees, agents, citizens, or by other persons or corporations. This obligation shall be
ongoing and shall survive the term of this Agreement.
(b) Contractor shall procure and maintain the insurance described in Exhibit "A" for a
period commencing on the date of this Agreement and terminating no earlier than one year
following delivery and acceptance of the Equipment. 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
such insurance shall be issued by a company duly authorized to transact business in the
State of New York and acceptable to the Town.
VIII. FORCE MAJEURE
If either party is delayed or prevented from fulfilling any of its obligations under this Agreement
(except for payment obligations) due to any act, event, or condition beyond its reasonable control
and not the result of its own willful or negligent action or inaction, the time for fulfilling that
obligation shall be extended day-by-day for the period of the uncontrollable circumstance. Such
acts or events shall include acts of God (but not reasonably anticipated weather.conditions for the
geographic area),hurricane, lightning, earthquake, fire,explosion,flood, sabotage,acts of a public
enemy, war, blockade, insurrection, riot, or civil disturbance; and governmental pre-emption of
materials in connection with a public emergency. It is specifically understood that none of the
following shall constitute an uncontrollable circumstance: general economic conditions, interest
or inflation rates, the financial condition of either party, equipment failure, any change in law, or
any act occurring outside of the United States.
IX. ASSIGNMENT AND SUBCONTRACTS
Contractor shall not assign this Agreement, nor enter into any subcontract in connection with its
obligations hereunder, without the prior written approval of the Town. 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, and
regulations. Where a subcontractor is required to furnish insurance for the benefit of Contractor,
the Town shall also be named as an additional insured.
X. DEFAULT
In the event the Contractor fails to perform its obligations under this Agreement, the Town may
terminate the Agreement, procure the Equipment from other sources, and hold the Contractor
responsible for any excess costs incurred. The Town may also deduct such costs from any
payments owing to the Contractor. The Town reserves the right to terminate the Agreement for
just cause.
XI. LIMITATION 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 funds available by authorization of the Town Board as of the date of this Agreement.
XII. 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 shall be
commenced in the Supreme Court, Suffolk County, New York. Where the parties agree to
arbitrate, such arbitration shall be conducted in accordance with the rules of the American
Arbitration Association, and any award rendered shall be final, with judgment entered upon it in
any court having jurisdiction thereof.
XIII. 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, together
with the County Contract and the underlying solicitation and bid, represents the entire
agreement between the Town and Contractor relating to the Equipment to be furnished
hereunder, and may be modified only by written agreement of the parties.
(d) To the extent of any inconsistency among the documents constituting the agreement
of the parties,the priority among those documents shall.be: (i)this Agreement;(ii)Exhibits
hereto; (iii) the County Contract; and(iv) Contractor's bid.
(e) If the Contractor is adjudged bankrupt, makes an assignment for the benefit of
creditors, has a receiver appointed, or has insolvency proceedings instituted by or against
it, the Town may terminate this Agreement.
(f) Contractor is an independent contractor, and .neither it nor its employees or agents
shall hold themselves out as,or claim to be,officers or employees of the Town of Southold.
(g) If any provision of this Agreement is held to be invalid or unenforceable, the
remaining provisions shall�not be affected, and this Agreement shall be enforced as if such
provision had not been contained herein.
(h) Contractor agrees that it shall not discriminate against any employee or applicant for
employment because of race,religion, color, sex, age,marital status, disability, or national
origin in any manner prohibited by the laws of the United States or of the State of New
York.
XIV. NOTICES
All notices required to be given hereunder shall be made in writing by first-class mail addressed
as follows:
If to the Town:
Supervisor of the Town of Southold
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971-0959
With a copy to:
Town of Southold—Department of Solid Waste
Attn: Nick Krupski
P.O. Box 962
Cutchogue,New York 11935-0962
And a copy.to:
Office of the Town Attorney
Town Hall Annex, 54375 Main Road
Southold,New York 11971
If to the Contractor:
All Island Equipment Corp.
Attn: Renee Pisculli
39 Jersey Street
West Babylon,New York 11704
XV. 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 comply with Labor Law §220-
e and Executive Law §§291-299 and the Civil Rights Law relating to the prohibition against
discrimination and the provision of equal opportunity, to the extent applicable to this Agreement.
XVI. AUTHORITY FOR EXECUTION ON BEHALF OF THE TOWN
Councilwoman, Anne Smith,.has executed this Agreement pursuant to a Resolution adopted by
the Town Board of the Town of Southold at a meeting,thereof held on June 2, 2026, 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
first above written.
TOWN OF SOUTHOLD
ALL ISLAND EQUIPMENT CORP.
d A--
By:
Title: �M-
VS�
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )
�l
On this day of .J(� � in the year 2026, before me, the undersigned, personally
appeared kAP SrniA 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
in 'vidual, or the person up whose behalf the individual acted, executed the instrument.
AMYM.sbHL -C JTER
IVOTARYPUgLIC,STATE OF NEW YORk
tary Pu iC Registration No.01SC5039767
Commi s�bniExpires Februn Suffolka ounry
STATE OF NEW YORK ) February 27,20 o
) ss.:
COUNTY OF SUFFOLK )
On this :Z4Aday of`/Y i in the year 2026, before me, the undersigned, personally
appeared Le rto( — , Authorized Agent of All Island Equipment Corp., personally
known to me or pro ed 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 the individual acted, executed the instrument.
Notary Public
CHARLENH TORTOSo
NDURY PUauC,state of New ftk
No.01TM709M
CualtBed in Nassau Courtly
00novision Expires March 11 �0 0
Exhibit"A"
(Suffolk County Contract.#HER100125 and All Island Equipment Corp. Price Quotation dated
May 26, 2026)
https://dpw,suffolll=untynY.gov/contractsearch/ContractDetail.aspx
ontract Detail
COUNTY OF SUFFOLK
EDWARD P. ROMAINE
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PUBLIC WORKS
CHARLES J.BARTHA,P.E. LESLIE A.MITCHEL
MICHAEL 3. MONAGHAN, P.E. COMMISSIONER DEPUTY COMMISSIONER
CHIEF DEPUTY COMMISSIONER
NOTICE OF CONTRACT
MWMR_E WREf4 T R,ENTAL,V)II.tHEAS FQDIIyI EN" COMMODITY CODE: 97534
�CONT INITIATING DEPT: DPW
QHTiEi'A #' ,
OPENING DATE: 09-15-2025
PER P-00 'UNT _ Q1=25WMR0tlGT3���0 2026�
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VENDOR: �LSrd14DP_�(ENTQ
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Westsa"6y1W-T Y,,11-e0.4
VENDOR ID: VC0098530
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FAX: 631-643-4060
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ADDITIONAL VENDORS: CLICK HERE
DETAIL PAGE: CLICK HERE
ATTACHMENT:
DELIVERY: FOB- DESTINATION
POLITICAL THIS CONTRACT IS AVAILABLE FOR USE BY OTHER MUNICIPALITIES
SUBDIVISIONS:
FOR FURTHER INFORMATION JENNIFER CRUDO
CONTACT PURCHASING AGENT:
09-23-2025
SUFFOLK COUNTY IS AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER 631) 852-5196
YAPHANK, N.Y. 11980 -
FAX(631) 852-5221
335 YAPHANK AVENUE
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10/9/2025, 10:25 AT
HER100125
RENTAL OF HEAVY EQUIPMENT
A 7 EB S AS:oN7.rX i M 1 T tiMl'i l �
IN THE EVENT THERE IS A SECONDARY VENDOR AWARDED A RENTAL ITEM THE PRIMARY HAS RIGHT TO FIRST REFUSAL
ITEM WEEKLY MONTHLY VENDOR
MODEL NOTES DAILY RENTAL RENTAL RENTAL
NO.
90 HITACHI ZW220-6 WHEEL LOADER 4.2 CU YD BUCKET, ZW220-7 500 2000 6000 ALL ISLAND EQUIPMENT CORP.
23.5 RADIAL TIRES 200HP 38,500 LEIS OPERATING WEIGHT
Wt3ACEII YD BU�IET
q,� �26:5RADI74L,T1RE �a>�Q � OPER'A�1�fG31V1 � 7$fi Z1AG3107.XGE10 f ` t7200 L )SLND1$gil[PMENT;C�ORP :;
a.5" np
HITACHI ZW370-6 WHEEL LOADER,7.3 CU.YD BUCKET
92 29.5 RADIAL TIRE,75,5000 LBS OPERATING WEIGHT, ZW370-6 850 3400 10200 ALL ISLAND EQUIPMENT CORP.
388HP
KOBELCO SK35SR MINI ECAVATOR DOZER BLADE,57 DELIVERY$125 EACH
97 WIDE RUBBER TRACK,24"BUCKET ZERO TAIL SWING WAY $376.00 $981.00 $2,153.00 HERC RENTALS INC.
WITH HYDRAULIC THUMB
KOBELCO SK555RX MINI EXCAVATOR,DOZER BLADE,6'5" DELIVERY$125 EACH
98 WIDE RUBBER TRACK,ZERO TAIL SWING WITH HYDRAULIC WAY $409.00 $1,1Z8.00 $2,720.00 HERC RENTALS INC.
THUMB
KOBELCO SK75SR MID SIZE EXCAVATOR 8' MAXIMUM
99 WIDTH,RUBBER TRACKS, TRACKS,DOZER BLADE 30" DELIVERY$125 EACH $594.00 $1,521.00 $3,919.00 HERC RENTALS INC.
DIGGING BUCKET.5 CU YD.ZERO SWING WITH WAY
HYDRAULIC THUMB
CASE CX36B EXCAVATOR 11'DIG DEPTH,24"4.25 CU FT DELIVERY$125 EACH $387.00 $997.00 $2,262.00 HERC RENTALS INC.
100 BUCKET 28 HP WAY
CASE CX55B EXCAVATOR 12'10"'DIG DEPTH,24"6.3 CU DELIVERY$125 EACH $431.00 $1,155.00 $2,938.00 HERC RENTALS INC.
101 FT BUCKET 39 HP WAY
CASE CX160 EXCAVATOR 21'3"DIG DEPTH 36"1 CU YD DELIVERY$325 EACH $872.00 $2,142.00 $5,723.00 HERC RENTALS INC.
102 BUCKET 124HP WAY
103 CASE CX210 EXCAVATOR 21'10"DIG DEPTH 42" 1.5 CU YD DELIVERY$325 EACH $872.00 $2,142.00 $5,723.00 HERC RENTALS INC.
BUCKET 160 HP WAY
KOMATSU PC160LC-7 HYDRAULIC EXCAVATOR BUCKET DELIVERY$325 EACH $872.00 $2,142.00 $5,723.00 HERC RENTALS INC.
118 CAP.48-1.24CYD WAY
DELIVERY$325 EACH A KOMATSU PC160LC-7 WITH HAMMER WAY $1,319.00 $3,357.00 $8,312.00 HERC RENTALS INC.
KOMATSU PC21OLC HYDRAULIC EXCAVATOR BUCKET CAP DELIVERY$325 EACH $872.00 $2,142.00 $5,723.00 HERC RENTALS INC.
119 .66-1.57CYDS WAY
COVER SHEET FOR DOCUMENTS n:-:CEIVED
JUH - 5 20S
Southold Town Clark
SENT TO:
Sent by: ASSISTANT T/A, JULIE M. MCGIVNEY
ASSISTANT T/A BENJAMIN JOHNSON
ASSISTANT T/A KAYLA GRIFFIN
CONFIDENTIAL SECRETARY, AMY -SCHLACHTER C�
Type of Agreement
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Nature of Contract/Agreement
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