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HomeMy WebLinkAboutHauling & Disposal of Construction & Demolition Materials DENIS NONCARROW Town Hall,53095 Main Road P.O. TOWN CLERK � al Box 1179 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. 2026-652 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 28, 2026: 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 Hauling and Disposal of Construction and Demolition materials from the Cutchogue Transfer Station at the prices submitted in their bid of July 9, 2026 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 MOVER: Councilwoman Doherty SECONDER: Councilman Mealy AYES: Councilman Mealy, Justice Stevens, Councilwoman Doherty, Councilwoman Smith, Councilwoman Suess NAYES: None Page 74 of 86 AGREEMENT11� . THIS AGREEMENT made and entered into this F day of , 2026 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 Peconic Recycling and Transfer(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 July 9, 2026 ("Bid") in response to the Town's Bid Solicitation for Hauling and Disposal of Construction and Demolition materials from the Cutchogue Transfer Station dated July 8, 2026 ("Solicitation"), a copy of which is attached hereto as Exhibit"A" and incorporated herein by reference; and WHEREAS, on July 28, 2026 the Town Board of the Town of Southold, by duly adopted Resolution 2026-652 attached as Exhibit`B", accepted the bid of the Contractor and authorized the Deputy 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 Disposal of Construction and Demolition 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 10, 2026 through August 10, 2029. The parties hereto have the option of renewing this Agreement for an additional three one- year terms 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 of One Hundred Eleven($111.00)per ton in accordance with the accepted Bid terms which are dated July 8, 2026. 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. VI. CONTRACTORS WARRANTIES.AND:REPRESENTAT!014 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 JNSURANCE/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 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 parry relying thereon as justification for not preforming an obligation or complying with any condition required or such parry 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 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. J 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 fiunish 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. DISPUTESIARBITRATION;: 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. 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. 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: Peconic Recycling and Transfer 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). (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 Deputy 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 28,2026. John Stype, Deputy Town 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 UHT By: John pe,Deputyffown Supervisor PECONIC CLNG AND TRANSFER By: /lt&ey Lomangino, Managing Member STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On this day ofAAqt8t in the year 2026 before me,the undersigned, personally appeared JOHN STYPE 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. 0. LZ Notary Public MICHELLE L TOMASZEWSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01T06156671 Qualified in Suffolk County My Commission Expires 11-27-2026 STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On this k-(P day of ' the year 2026 before me, the undersigned, personally appeared STANLEY LON144GINO, 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 or� li� strument,the individual or person upon whose behalf of which the individual aGt�� .,,Zted the instrument. ,--'Not ary Pub& rl UBLIC I � oa�fied in 8u,7olk Cry,' �': O1BI6438138 EXHIBIT "A" ,�o�OS�FfOL�-�oGy '. RFP: Hauling and Disposal of Construction and Demolition Waste y; Southold Town Solid Waste Management District 'oy,• o� Date: April 1, 2026 APPENDIX 1 QUALIFICATION STATEMENT FOR HAULING AND DISPOSAL OF CONSTRUCTION AND ION TOWN OF SOUTHOLD, NY Proposal for Hauling and Disposal Service: . Name of Contractor: ....... Years in Business:......................................�........ :�:=-?:. S„�.. ...................... ........ A. Fees Hauling and .Disposal operations :(including.all. personnel;;, equipment, fuel, disposal: and any other related costs,fees or charges associated with this..contract),The Contractor shall complete the work in accordance with the required sections of"the:Request of Proposal for a fee of: 1..Constructi_8n'and Demolition Waste Hauling and'.Disposal C&D Waste Hauling and Disposal per Ton: OWN B. Subcontractors and Disposal Facility Identification #5 I I I•off Contractor shall Identify all Subcontractors and Disposal facilities. List all Subcontractors, contact information, and identify proposed service(s): - tiY Dispo I Facili (List ame, location,.operator, permit holder,-;and permit number):� r � - Gt3 rRq - C. List the following information for any three (3) contracts of this nature that you have completed or currently hold (to be comp{{leted by Contractor and all Subcontractors): 1. Contract:..... (, .... Name,Address&Telephone of Contact: ) Zip C� Request for Proposal Page 7 of s Hauling and Disposal of Construction and Demolition Waste Southold Town Solid Waste Management District . �O�as11EFOtK�OGy RFP: Hauling and Disposal of Construction and Demolition Waste .. Southold Town Solid Waste Management District o Date: April 1, 2026 2. Contract: .�. .. .... .. .......... - . . • . . . :.... . .. Name, Address&Telephone of Conta` ........ 3. Contract:.... 6EJ:1 .... ........ _ •--.... Name,Address&Telephone of Contact.. fT D. Have you ever failed to complete work awarded to you? If so,-state where and why(to be completed by Contractor and for all Subcontractors): ' E. Have you ever,performed similar,work-under.the diii ectiowof a Local Government? If so, list the two.(2)'most'recent entities,,giving.a,name,;address,teleohone number and the name of the project°(to be completed by Contractor-and all Subcontractors): 1. Local Government: _.. b .. ..9 ..: ?.. d -- Name,Address&Telephone of Contact: 1 �,lfL.. r V ► �� �' -�' 2. Local Government: ..... . . .. .,..... ..... .. ..... ... Name, Address &Telephone of Contact: �-- F. Comments or Clarifications (attach additional pages If necessary): Request for Proposal Page a of 9 Hauling and Disposal of Construction and,Demolition Waste Southold Town Solid Waste Management District -, RFP: Hauling and Disposal of Construction and Demolition Waste Ss- Southold Town Solid Waste Management District �o.. Date: April 1, 2026 G.The undersigned hereby authorizes and requests any person,firm or corporation to furnish any information requested by the Town in verification of the recitals comprising this statement of Contractor's qualifications. H. State the true, exact, correct and complete name of the partnership, corporation, or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the President and Secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name. It is absolutely necessary that this information be furnished.) Lega l Nameof Contractor: Pewnfc� UL L7, - . Type of Business (Corporation, Partnership, Individual): L- 1 _`'., State of Incorporation (if applicable): G'tA3 .1 0 Principal Address of Business: (40 Phone Number• ( .... ............(3�"J.f.. .. .................................... Names of Corporate Officers,Partners,or individuals:. Authorized Signature: A Printed Name Above:... .......�...... Title:. -Date: r Witness (Signature): Printed Name Above. .................... . .... . . Title: Date: Request for Proposal Page 9 of 9 Hauling and Disposal of Construction and Demolition Waste Southold Town Solid Waste Management District EXHIBIT "B" 7 DENIS NONCARROW Town Hall,53095 Main Road P.O. TOWN CLERK ' Box 1179 ;Q Southold,New York 11971 Fax (631) 765-6145 Telephone(631) REGISTRAR OF VITAL ' 765-180011 STATISTICS MARRIAGE OFFICER r„ www.southoldtownny.gov RECORDS MANAGEMENT ' OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2026-652 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DULY 28, 2026: 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 Hauling and Disposal of Construction and Demolition materials from the Cutchogue Transfer Station at the prices submitted in their bid of July 9,2026 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 MOVER: Councilwoman Doherty SECONDER: Councilman Mealy AYES: Councilman Mealy, Justice Stevens, Councilwoman Doherty, Councilwoman Smith, Councilwoman Suess NAPES: None Page 74 of 86 EXHIBIT "C" �oS�Fl:oc,��o 4R�01 SOUTHOLD TOWN SOLID WASTE MANAGEMENT DISTRICT REQUEST FOR PROPOSAL Hauling and Disposal of Construction and Demolition Waste Date: June 1, 2026 The Town,of Southold (herein: referred to as "Town") hereby requests: proposals (Proposal) from companies. (Contractor) to provide Construction and Demolition , 6te (C&D Waste) hauling and disposal services. The services include, but are.not limited to, a) hauling approximately five thousand five:hundred,(5,500)tons of C&D Waste annually,from the Southold Town Solid Waste Transfer Station (SWTS):Iocated at 6155 Cox Lane, Cutchogue, NY 11935 to a permitted and regulatory compliant disposal,facility(Disposal Facility), and b) disposing the waste at such Facility. Hours of ORer�ation_ SWTS is open-"to the public and commercial haulers seven (7) days a week from 7:00 am—5:00 pm, except holidays which are as follows: TABLE 1 j HOLIDAY {{ CLOSED DATE New Years Day January 1: Martin Luther King, Jr., Day Varies Presidents Day, Varies Easter Sunday Varies Memorial Day Varies Juneteenth June 19 Independence Day July.4 Labor Day Varies Columbus Day Varies Election Day Varies Veterans Day November 11 Thanksqivinq Eve (Closes Varies 12 NOON Thanksgiving Day Varies Christmas Eve (Closes 12 December 24 NOON Christmas Day December 25 New Year's Eve (Closes 12 December 31 NOON Request for Proposal Page 1 of 9 Hauling and Disposal of Construction and Demolition Waste Southold Town Solid Waste Management District �o��gUEFOf;,��oGy „ RFP: Hauling and Disposal of Construction and Demolition Waste Southold Town Solid Waste Management District o. Date: June 1, 2026 1.o SCOPE OF SERVICES AND CONTRACT -REQUIREMENTS. A. The Town desires a Contractor that can provide C&D Waste hauling and disposal services. The proposed term of this agreement is five (5) years, with a mutuaLoption for two (2) additional years, renewable individually. The tern begins on or around August 10, 2026,, and concludes on or around August 5, 2031 (unless.an option year is enacted). B. The contract may contain a provision providing for defaults in the service of the contract.A thirty day (30-day) notice will be given to cure all defaults in the service of the contract or an option of termination will be used. C. Proposals received pursuant to this RFP should specify any price adjustments on an annual basis in accordance with,the Consumer Price Index or other such adjustment. D. Contractor will provide an adequate number of trailers or containers to contain and store the C&D Waste designated for transportation during the working day, or.to otherwise store the C&D Waste at SWTS pending transportation. Drivers will be required to inspect'theirtrailers,prior to leaving SWTS and report any trailer damage to onsite:SWTS,representatives before leaving SWTS with the respective trailer. The Town will not.accept responsibility for unreported trailer damage once the trailer leaves SWTS. E. The Town will provide a vehicle to move trailers only(empty and full)between the designated loading and storage areas, at SWTS. Trailer'hookUps or attachments shall be consistent with'-the vehicle provided by the Town. pro orals received in res onse-to this:RFP.that include use of'roll-off containers must include Provisions for moving such containers on the SWTS site as,ahe Town. does not own any vehicle capable of moving roll-off containers. F. Contractor shall take title to and ownership of the C&D Waste upon connection of the Contractor's tractor to the loaded trailer at SWTS. The Contractor is solely responsible for: a) any cleanup costs for spillage, b) litter control, c) liabilities arising out of accidents, and, d)any fees or fines connected with operations, transport, or unloading. Further,the Contractor shall take title to and ownership of the C&D Waste upon its delivery to the Disposal Facility and Is solely responsible for: a) its disposal after that time, b) any future closure and post closure costs, c) liabilities arising out of accidents, releases, or remediation activities, and d).any fees or fines connected with the Disposal Facility's operations. G. Contractor will abide and adhere to the SWTS Solid Waste Ordinance and the Solid Waste Operation Plans when applicable. H.Contractor and any of their subcontractors must comply with all rules and regulations established by local, state and federal laws.The Contractor shall be responsible for all permits required to provide this service. I. The Town reserves the right to close SWTS during extreme adverse weather conditions or emergency situations. Request for Proposal Page 2 of 9 Hauling and Disposal of construction and Demolition Waste Southold Town Solid Waste Management District RFP: Hauling and Disposal of Construction and Demolition Waste R ., Southold Town Solid Waste Management District Date: June 1, 2026 J. Contractor shall designate a contact person or persons and provide telephone number'where the designated contacts) can be reached atall 'times, including holidays and weekends. The:.designated contacts) must have the capability and authority to review the weekly progress,to provide extra trailers on busy waste days, and to resolve or report any type of complaint. All communications must be conducted with courtesy and respect. K. Contractor must be equipped and ready to initiate the C&D Waste hauling and disposal activities upon execution of the contract with the Town. L. Contractor shall not sublet or assign this contract in whole or part without the written authorization by the Town. M.A sixty (60) day notice shall be given to the Town prior to any change in the Disposal Facility used for final disposal. 0. The Disposal Facility used under this contract must be and remain in compliance with all state and federal laws, and regulatory agencies. P. Contractor shall not discriminate against any person because of race, sex, sexual orientation, age, color, religion, or national origin. Q. Contractor will indemnify, save harmless, and exempt the Town of Southold, its officers, agents, and employees from and against any and all suits, actions, legal proceedings, claims, demands, costs, expenses, and attorney's fees incident to any work done in the performance of the contract arising out of a willful or negligent act or omission of the Contractor, its officers, agents, and employees; provided, however, that the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorney's fees arising out of a willful or negligent act or omission of the Town, its officers, agents and employees. R. Contractor shall'obtain and maintain all licenses and permits (other than any licensees or permits granted by the contract) and promptly pay all taxes,fees and other documents required by the State of New York or Suffolk County. S. Contractor shall at all times during the contract maintain in full force and effect Workers Compensation including Employers Liability, Commercial General Liability Including products and completed operations, specific contractual coverage to this agreement, Commercial Automobile Liability all through insurance carriers licensed in the State of New York, with an AM Best financial rating of A-10 or•better. Before commencement of work hereunder,the contractor agrees to furnish the County certificates of insurance on the current standard ACCORD Certificate of Insurance Form listing the County as an additional insured, and with the notification of cancellation provision to be amended to read 'shall provide 30 days written notice should coverage be cancelled or having sustained a material change in coverage ." For purpose of the contract, the Contractor shall carry the following types of insurance at a minimum of the limits specified below: a. Workers Compensation -Coverage A - Statutory Limits/ Coverage B - Employer's Liability $1,000,000/1,000,000 Aggregate b. Commercial General Liability-.Bodily Injury$1,000,000 each occurrence/$3,000,000/Annual Request for Proposal Page 3 of 9 Hauling and Disposal of Const ruction and Demolition Waste Southold Town Solid Waste Management District RFP: Hauling and Disposal of Construction and Demolition Waste ` l Southold Town Solid Waste Management District Date: June 1, 2026 Aggregate /Property Damage $1,000,060 each occurrence/$3 000,000' Annual Aggregate .c. Commercial Automobile Liability- Bodily Injury, $1,000 000 eachpersonl$%,000,"0' each occurrence:. /Property Damage$1,000,000 each occurrence d. Eiccess/Umbrella,Liability-.following °form minimum coverage$3,000,000 each occurrence The above coverage may be provided by the Contractor's parent corporation. 2.0 SELECTION PROCESS 2.1. EVALUATION A. All prospective contractors to visit the SWTS prior to the Proposal due date. 8. Town personnel will have the central responsibility for reviewing and evaluating all Proposals submitted in response to this document. The Town, in its sole discretion, may utilize outside personnel and expertise to review the Proposals or contract and make recommendations . C.A Proposal may be eliminated from consideration for failure to comply completely with one or more of the requirements,.depending on their critical nature. The Town reserves the right to reject any or all Proposals, to waive irregularities and/or informalities in any Proposal, and to make an award in any manner, consistent with law, or deemed to be in the best Interest of the residents of the Town of Southold.All Proposals become the property of the Town and will not be returned. D. In evaluating Proposals,the Town-will consider the qualifications and experience of the contractors. In addition, the Town will consider whether or not the Proposals comply with the prescribed Proposal requirements and such data as may be requested. E. The Town may conduct such investigations as necessary to establish the responsibility, qualifications and financial ability of the Contractor, or any proposed subcontractors, to perform the work in accordance with the contract documents. 2.2 FACTORS OF-EVALUATION A.The following criteria will be used to evaluate the Proposals: a. Completeness of information requested b. References and reputation of Contractor c. Quality and capability of organization d. Project approach e. Suitability of disposal facility (as applicable) f. Cost g. Contract terms and conditions Please note: The above order of criteria does not imply an order of importance. Request for Proposal Page 4 of 9 Hauling and Disposal of const ruction and Demolition Waste Southold Town Solid Waste Management District ;;o�oSofFot��oG�. RFP: Hauling and Disposal of Construction and Demolition Waste N Southold Town Solid Waste Management Districts Date: June 1, 2026 The Town may select two or more Contractors on the basis of the aforementioned factors and request interviews to discuss in detail the project approach and services to be provided prior to making an award pursuant to this RFP.The interview and the information obtained at that,time will become as'binding',as the information in the Proposal'and shall be used to make the final determination of the Coritracfor. 3.0 FINAL AWARD A.The Town reserves the right to reject any or all offers and discontinue the proposal process without obligation or liability to any potential Contractor, or reject any or all Proposals, including without limitation, nonconforming, non-responsive, unbalanced, or conditional Proposals. The Town further reserves the right to reject the Proposal of any Contractor whom it finds, after reasonable inquiry and evaluation, to lack the capabilities to adequately provide the services requested. The Town may also reject the Proposal of any Contractor if the Town believes it would not be in the best interest of the residents of Southold Town to make an award to the Contractor. The Town also reserves the right to waive all informalities, including price or approach, and to negotiate contract terms with the Contractor deemed to be most suitable for the work required. If the contract is to be awarded, the Town will award the contract to the Contractor with the greatest overall benefit to the Town. B.The Town reserves the right to accept a Proposal other than the lowest price offered, or award the contract on the basis of initial offers receiVed, without discussions or requests for best and final offers. 4.0 INSTRUCTIONS TO BIDDERS A. Please complete Appendix A and submit it to: Denis Noncarrow Southold Town Clerk PO Box 1179 53095 Main Road Southold, NY 22971 Proposals are due no later than 2:00 Pm on Julv.9. 2026 at which time they will be opened and read aloud in public. Proposals received after this due date and time will be considered late and non-responsive. The Town anticipates awarding the contract during a regularly scheduled Town Board meeting in July, 2026. B. All Proposals shall be sealed. The envelope containing the Proposal will be clearly marked and identified as: "Proposal for C&D-Waste Hauling and Disposal." C. All Proposals shall contain explicit assurance that all Scope of Services and Contract Requirements contained within this RFP will be met (see Section 1.0). . Request for Proposal Page 5 of 9 Hauling and Disposal of construction and Demolition Waste Southold Town Solid Waste Management District RFP: Hauling and Disposal of Construction and Demolition Waste w Southold Town Solid Waste Management District Date: June 1, 2026 1. D. Contractor will provide a rate, as in "price per ton", to transport approximately five thousand five hundred (5,500)tons of C&D Waste per year from SWTS (see Figure 1)to a permitted and regulatory compliant Disposal Facility, and dispose of the waste at the Disposal Facility. E. Any exemptions to the conditions or specifications required by this RFP shall be explicitly listed in Appendix 1, Section F. F. Contractor's Proposal shall contain the following items ("a" through "e") in the order presented herein. Items "a" through "e" are the minimum qualifications that a response must fulfill. However, exceptions to any conditions may be submitted as alternatives to the base Proposal. a. Letter of Introduction: The letter of introduction shall briefly describe the services that the Contractor is proposing and any special exceptions or additions to the program as described. The letter should be signed by a representative',capable of binding.the company,'to a_contractual obligation. b. Description of Firm: This section should describe the .company includ_ing:,(at.a minimum) its location, number ofoffices,corporately, length,of time:in business (both 'corporately`:and'for.,the actual office which will complete the work), corporate :structure, number,of employees; and relationship to a parent company, if a subsidiary. If any subcontractors are to be used,the same information should be provided for all subcontractors. The description of the disposal facility should be included here and include (at a minimum) the name of facility, operator, permit number, date facility began operations, estimated-date of closure, tons per day received, brief description of the liner system, and one way distance from the Town. c. Contractor Qualifications: This section should provide descriptions of the flrm's qualifications to complete the work as proposed. At a minimum, this section should include a description of why this firm Is uniquely qualified to complete the work and descriptions of at least three (3) projects for which the firm is providing similar services. Long Island references are preferred, but not mandatory. The descriptions should provide Information on the type of project, equipment and personnel required; location- and contact; contract amount; and, any unusual services provided to the customer that may be of interest to the Town. In addition, at least.three (3) references should be provided with project name, contact person, phone number, address and relationship to the firm. if any subcontractors are to be used, they must also provide information on their qualifications in similar detail. d. Project Approach:;This section should provide a description of the services offered and the personnel and equipment requirements. e. Contractor's Qualification Statement: The Contractor shall complete the form provided in Appendix 1. Appendix 1 shall also be completed for each subcontractor. Request for Proposal Page 6 of 9 Hauling and Disposal of Const ruction and Demolition Waste Southold Town Solid Waste Management District COVER SHEET FOR DOCUMENF-RECEIVED ego 13 20235 Southold Town Clerk SENT TO. Sent by: ASSISTANT T/A, JULIE M. MCGIVNEY ASSISTANT T/A KAYLA GRIFFIN CONFIDENTIAL SECRETARY, AMY SCHLACHTER Type of Agreement C14 Nature of Contract/Agreement f J ckvil �6n 40 �� S O'� &z