Motion for Substituted Service in Suburban Disposal, I Nc. Vs City Of Paterson| Trellis.Law

On September 07, 2023 a Complaint,Petition was filed involving a dispute between Suburban Disposal, Inc., and City Of Paterson, Filco Carting Corp., for Actions In Lieu Of Prerogative Writs in the District Court of Passaic County.

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TRENK ISABEL SIDDIQI & SHAHDANIAN P.C.
290 W. Mt. Pleasant Avenue, Suite 2370
Livingston, NJ 07039
(973) 533-1000
Richard D. Trenk, Esq. (016951982)
rtrenk@trenkisabel.law
Attorneys for Plaintiff Suburban Disposal, Inc.

SUBURBAN DISPOSAL, INC, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: PASSAIC COUNTY
Plaintiff,
Civil Action
v.
DOCKET NO.: PAS-L-
CITY OF PATERSON; FILCO CARTING
CORP.; and E & B HAULING SERVICES VERIFIED COMPLAINT IN LIEU OF
LLC. PREROGATIVE WRITS

Defendants.

Plaintiff Suburban Disposal (“Suburban” or the “Plaintiff”), by and through its

undersigned counsel, by way of Verified Complaint in Lieu of Prerogative Writs against

Defendants the City of Paterson (the “City”); Filco Carting Corp. (“Filco”); and E & B Hauling

Services, LLC (“E&B”) (collectively the “Defendants”) hereby state and allege as follows:

PRELIMINARY STATEMENT

1. This matter arises from the award of the City’s Contract for the Collection of

Solid Waste – No Bulk (the “Contract”) under the Local Public Contracts Law (“LPCL”) to

Filco despite Filco’s submission of a materially defective bid in response the bid specifications

for the Contract (the “Bid Specifications”) issued by the City.

2. Pursuant to the mandates of the LPCL, the City cannot award the Contract to

Filco and was required to reject Filco’s bid as non-responsive and must award the Contract to

Suburban as the lowest responsible bidder.
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THE PARTIES

3. Suburban is a duly licensed solid waste and recyclable material hauler with a

principal place of business at 54 Montesano Road in Fairfield, New Jersey.

4. Suburban and its predecessors have been involved in the solid waste collection

business in the State of New Jersey for nearly one hundred (100) years.

5. Suburban holds numerous municipal contracts, including, but not limited to

Irvington, Bayonne, Paterson, East Orange, West Orange, Aberdeen, Middletown, Point

Pleasant, Ship Bottom, Mahwah, Ramsey, and Oakland. Suburban is also the incumbent vendor

for the City.

6. The City is a municipal corporation of the State of New Jersey with its principal

offices at 155 Market Street in Paterson, New Jersey.

7. Upon information and belief, Filco is a solid waste hauler which obtained its a-

901 license to operate within the State of New Jersey on May 25, 2023 and has its principal

offices located at 197 Snediker Avenue in Brooklyn, New York 11207.

8. Upon information and belief, E&B is a solid waste hauler with its principal

offices located at 24 Park Avenue, Suite 201, West Orange, New Jersey 07052. E&B is named

as a defendant in this case, because it was a bidder for the Contract.

BACKGROUND FACTS

9. Since July 2006, Suburban has been performing the Contract for the City for over

seventeen (17) years.

10. On or about April 5, 2022, the City issued a set of bid specifications for the

Contract with bids due no later than June 2, 2022.

11. Following the submission of bids on June 2, 2022, the City rejected all bids

submitted in response to the April 5, 2022 bid specifications.

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12. On June 9, 2022, 2022, the City entered into an Extension Agreement with

Suburban to extend the existing contract for a period of six (6) months until December 31, 2022

to ensure that the collection of solid waste would proceed uninterrupted while the City rebid the

Contract.

13. On September 1, 2022, the City issued a new set of bid specifications for the

Contract with bids due no later than November 1, 2022.

14. Following the submission of bids on November 1, 2022, the City rejected all bids

for a second time.

15. On December 30, 2022, the City entered into a second Extension Agreement with

Suburban further extending the existing contract for an additional six (6) month period until June

30, 2023.

16. On June 5, 2023 issued the Bid Specifications for the Contract, this time, the

City’s Bid Specifications differed from the prior versions in that the City eliminated bulk waste

collection from the scope of the Contract.

A. The City’s Bid Specifications

17. The Notice to Bidders issued on the City’s website stated that:

The City of Paterson requires that a bidder must submit with his
bid a Bid Guarantee in the form of a bid bond, certified check, or
cashier’s check in the amount of ten percent (10%) of the bid,
along with Consent of Surety from a Bonding Company. In no
case shall the Bid Guarantee exceed $20,000.00.

See Exhibit “A” annexed hereto (emphasis in original).

18. Section 1.4 of the Bid Specifications contained a list of eighteen (18) mandatory

documents to be submitted by each bidder, including item #3: “A Bid Guarantee in the form of a

bid bond, certified check or cashier’s check in the amount of 10% of the total amount of the bid

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proposal, not to exceed $20,000; payable to the City of Paterson.” An excerpt from the Bid

Specifications including Section 1.4 is annexed hereto as Exhibit “B.”

19. Section 3.2 of the Bid Specifications also provides the specific requirements as to

the bid guarantee stating that:

A Bid Guarantee in the form of a Bid Bond, Cashier’s Check or
Certified Check, made payable to the City of Paterson in the
amount of 10% of the bid, not to exceed twenty thousand dollars
($20,000) must accompany each Bid Proposal. In the event that
the bidder to whom the Contract is awarded fails to enter into the
Contract in the manner and within the time required, the award of
the bidder shall be rescinded and the bid guaranty shall become the
property of the City of Paterson.

An excerpt from the Bid Specifications including Section 3.2 is annexed hereto as Exhibit “C”

(emphasis added).

20. Consistent with the Uniform Bid Specifications promulgated by the Department

of Environmental Protection (the “DEP”), the Bid Specification also included a mandatory

Bidder Questionnaire. A copy of the Bidder Questionnaire is annexed hereto as Exhibit “D.”

21. The caption at the top of the Bidder Questionnaire states that:

This questionnaire must be filled out and submitted as part of the
Bid Proposal for Solid Waste Collection Service for the City of
Paterson. Failure to complete this form or to provide any of the
information required herein shall result in rejection of the Bid
Proposal.

Id. (emphasis in original).

22. Question #2 of the Bidder Questionnaire requires that bidders:

List any other names under which the bidder, its partners or
officers have conducted business in the past five years.

Id. (emphasis added).

23. Question #6 of the Bidder Questionnaire requires that bidders:

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List the government Solid Waste and Service contract that the
bidder has completed within the last five years. Give detailed
answers to questions below relating to this subject.

Id.

24. Bid submissions in response to the Bid Specifications were due on August 8,

2023.

25. On June 14, 2023, the City entered into a third Extension Agreement with

Suburban for an additional three (3) month period until September 30, 2023.

26. On August 8, 2023, the City received three (3) bids in response to the Bid

Specifications, including bid submitted by Suburban, Filco and E&B.

27. Suburban’s bid submission was fully compliant and responsive to the City’s Bid

Specifications.

B. Filco Submits a Materially Defective Bid.

28. In response to the City’s Bid Specifications, Filco submitted a bid that was

materially and fatally defective.

29. First, Filco submitted a defective bid guarantee in the form of a bid bond with the

following language:

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

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(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.

See Exhibit “E,” annexed hereto.

30. Filco’s bid bond further states that:

The Surety hereby waives any notice of an agreement between the
Owner and Contractor to 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.

Id. (emphasis added).

31. Thus, Filco’s bid bond did not provide for the full amount as required under

Section 3.2 of the Bid Specifications for 10% of the Contract amount, but instead limited the

amount to the difference between Filco’s bid to the next lowest bid.

32. Furthermore, Filco’s bid bond was conditional as it required the consent from the

surety company in the event that the Contract award was extended beyond the first sixty (60) day

extension.

33. In addition to its defective bid bond, Filco also failed to accurately respond to

Question #2 and Question #6 of the Bidder Questionnaire.

34. As to Question #2, Filco failed to disclose the names of the solid waste hauler co-

founded by Filco’s Executive Vice President Adam Pasquale (“Pasquale”).

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35. Specifically, Pasquale is identified as Filco’s Executive Vice Preasient and is also

a signatory of the Acknowledgement and Agreement to Filco’s A-901 license submitted with its

bid. See Exhibit “F,” annexed hereto.

36. According to a press release issued by Filco on November 14, 2022 announcing

Pasquale’s appointment as Executive Vice President, Pasquale was the Co-Founder of Recycle

Track Systems (“RTS”). See Exhibit “G,” annexed hereto.

37. According to a Complaint filed in a lawsuit commenced by RTS against the

Borough of Palisades Part:

RTS is a New Jersey Limited Liability Company primarily
engaged in the business of collection and disposal of solid waste
and maintains its principal place of business at 115 Broadway,
14th Floor, New York, New York 10006, and a New Jersey office
at 141 Orange Street, Newark, NJ 07103. At all relevant times
herein, RTS was fully licensed and certificated by the New Jersey
Depa11ment of Environmental Protection to engage in the business
of bidding contracts for municipal solid waste collection in the
State of New Jersey.

See Exhibit “H” annexed hereto.

38. Thus, RTS was another business in the solid waste collection industry in which

Filco’s officer performed business within the past five (5) years.

39. As to Question #6, Filco failed to identify any government contracts that it

completed within the last five years. Exhibit “D” annexed hereto.

40. However, according to the database kept by the State of New York, Filco

completed contracts including: (i) a contract with the Office of General Services which ended on

May 31, 2021; (ii) a contract with the Department of Labor which ended on March 31, 2023; and

(iii) a contract with Kingsboro Psychiatric Center which ended on August 31, 2022. See Exhibit

“I,” annexed hereto.

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41. Thus, Filco failed to comply with the Bid Specifications by not identifying the

above contracts.

42. On August 15, 2023, Suburban timely submitted a protest letter challenging these

fatal defects in Filco’s bid. See Exhibit “J,” annexed hereto.

43. Despite repeated requests, the City never responded to Suburban’s timely protest.

44. Despite Suburban’s objection to Filco’s bid submission, on September 5, 2023,

the City adopted Resolution No. 23:507 awarding the Contract to Filco. See Exhibit “K,”

annexed hereto.

COUNT ONE
(Temporary/Preliminary Restraints)

45. Suburban repeats and re-alleges the allegations set forth above as if set forth at

length herein.

46. The Contract is related to and affects the public health and public safety for the

City and its residents.

47. As a matter of law, the improper award of the Contract to Filco constitutes

irreparable harm to Plaintiff as monetary damages are unavailable in claims under the LPCL.

48. The governing law is settled and unambiguous that the LPCL mandates that

municipalities award contracts to the lowest responsible bidder. N.J.S.A. 40A:11-4.

49. The LPCL further prohibits municipalities from awarding public contracts

pursuant to bids which contain material defects.

50. The submission of a compliant bid guarantee constitutes a mandatory

requirements under the LPCL and a public entity cannot waive a bidder’s submission of a

defective bid guarantee.

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51. Filco’s failure to submit a bid guarantee in the amount of 10% of its proposed

Contract price constitutes a material and incurable defect rendering its bid fatally defective.

52. Filco’s failure to disclose the name of the other solid waste hauler operated by

Filco’s Executive Vice President constitutes a material and incurable defect rendering its bid

fatally defective.

53. Filco’s failure to disclose the contracts that it completed within the past five (5)

years constitutes a material and incurable defect rendering its bid fatally defective.

54. The balancing of equities weighs heavily in favor of entry of temporary restraints

to prevent the interruption of collection of solid waste for the City’s residents and potentially

avoid a needles transition until such time as the Court can determine the appropriate disposition

of the Contract.

55. Instead, it is in the best interest of all parties to maintain the status quo pending

the Court’s adjudication of all issues in this litigation.

56. Thus, the balancing of equities weighs in favor of the issuance of temporary or

preliminary restraints pending determination as to the legal issues presented herein.

WHEREFORE, Plaintiff respectfully request that the Court enter an Order (A)

temporarily, preliminarily, and permanently restraining and enjoining the City from executing or

entering into any contract with Filco for the collection of solid waste adjudication of Plaintiff’s

claims herein; and (B) granting such other and further relief as the Court deems just and

equitable.

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COUNT TWO
(Permanent Injunctive Relief
– Invalidate the Award of the Contract to Filco)

57. Plaintiff repeats and re-alleges the allegations set forth above as if set forth at

length herein.

58. The defects in Filco’s bid submitted to the City failed to include: (i) a compliant

bid guarantee; (ii) disclosure of other entities for which its officers operated within the past five

(5) years; and (iii) disclosure of all government contracts completed by Filco within the past five

(5) years.

59. These defects are material as they: (i) deny the City assurance that Filco can

perform the Contract consistent with the requirements in the Bid Specifications; and (ii) provided

Filco with an unfair advantage over prospective bidders who did complied with these

requirements in the Bid Specifications.

60. Consistent with the mandates of the LPCL, the City cannot award the Contract to

Filco based upon the material and fatal defects in Filco’s bid.

61. Instead, Suburban was the lowest responsible bidder and was entitled to award of

the Contract.

WHEREFORE, Plaintiff respectfully request that the Court enter an Order (A)

temporarily, preliminarily, and permanently restraining and enjoining the City from executing or

entering into any contract with Filco for the collection of solid waste; (B) invalidating Resolution

No. 23:507 which awarded the Contact to Filco; (C) compelling the City to award the Contract to

Suburban as the lowest responsible bidder; and (D) granting such other and further relief as the

Court deems just and equitable.

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CERTIFICATION PURSUANT TO R. 4:5-1

In accordance with R. 4:5-1, Plaintiff advises that there is a pending lawsuit under the

Open Public Records Act captioned: Robert Roselle v. City of Paterson, Docket No. PAS-L-

2389-23 (the “OPRA Lawsuit”) that is related to this matter in controversy. I hereby certify this

matter in controversy pleaded herein is not the subject of any additional other court or arbitration

action, pending or contemplated other than the OPRA Lawsuit, and that no other party who has

not been joined or should be joined in the present action.

TRENK ISABEL SIDDIQI &
SHAHDANIAN P.C.
Attorneys for Plaintiff Suburban Disposal, Inc.

DATED: September 7, 2023

DESIGNATION OF TRIAL COUNSEL

Pursuant to R. 4:25-4, Plaintiff designates Richard D. Trenk, Esq., as trial counsel in this

matter.

TRENK ISABEL SIDDIQI &
SHAHDANIAN P.C.
Attorneys for Plaintiff Suburban Disposal, Inc.

DATED: September 7, 2023

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CERTIFICATION

I certify that confidential personal identifiers have been redacted from documents now

submitted to the court, and will be redacted from all documents submitted in the future in

accordance with Rule 1:38-7(b).

TRENK ISABEL SIDDIQI &
SHAHDANIAN P.C.
Attorneys for Plaintiff Suburban Disposal, Inc.

DATED: September 7, 2023

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Exhibit “A”
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CITY OF PATERSON
NOTICE TO BIDDERS

The City of Paterson, New Jersey shall receive sealed bids at the Purchasing Office, 4th floor, City Hall, 155
Market Street, Paterson, New Jersey 07505 until 11:00 A.M. prevailing time, on Tuesday, August 8, 2023 and
then publicly open, and read aloud in the 4th fl. Conference Room for the Following: COLLECTION OF SOLID
WASTE FOR THE CITY OF PATERSON - NO BULK, RE-BID NO. 22.17.1
All Vendors must obtain bid packages from the City of Paterson, Purchasing Division, located at City Hall, 155
Market Street, 4th floor, Paterson, New Jersey, Tel: 973-321-1340 fax: 973-321-1341. REPRODUCTION OR
REDISTRIBUTION OF THE CONTENTS OF THIS BID PACKAGE BY A PARTY OTHER THAN THE CITY
OF PATERSON IS STRICTLY PROHIBITED. Bids received from vendors that did not obtain bid packages from
the City of Paterson Purchasing Division will not be considered.
There will be a P1·e-Bid meeting for all interested bidders at 11:00 A.M. on Friday, June 23, 2023 in the City
Hall, 4th Fl., Conference Room, 155 Market Street, Paterson, NJ 07505. All Bidders are strongly encouraged to
attend.
Bids must be submitted on the standard Proposal Form provided by the City of Paterson in the manner designated
therein, and must be enclosed in a sealed envelope bearing the title of the bid, name and address of the bidder on
the outside; addressed to Mr. Harry M. Cevallos, Purchasing Agent, and delivered to the above address at the date
and time set at the place herein. The City of Paterson is not responsible for any hand delivered or third party
delivered bids which do not arrive at the proper time or location. Any such bid will be returned unopened to the
vendor. All documents contained in this package must be returned to the City of Paterson in their original form.
No substitutions, alterations, or modifications of any of the bid documents are permitted.
The City of Paterson ,·eguit·es that a bidder must submit with his bid a Bid Guarantee in the fo1·m of a bid
bond, ce1·tified check, 01· cashie1·'s check in the amount often percent (10%) of the bid, along with Consent
of Surety from a Bonding Company. In no case shall the Bid Guarantee exceed $20,000.00.

The bid must be accompanied by a Surety company certificate (known as a Consent of Surety) duly authorized
to do business in this State and satisfactory to the City of Paterson, stating that such Surety company will provide
the bidder with a bond or other Surety as a guarantee for the performance of the Contract. Failure to include
this item will mandate ,·ejection of bid. N.J.S.A. 40A:11-23.2
Bidders are required to comply with the requirements of Mandatory Equal Employment Opportunity Language
N.J.S.A.10:5-3 let seq., N.J.A.C. 17:27-1.1 et seq. and NJ Contractor Business Registration Certificate
N.J.S.A.52:32-44.
Prior to awarding a Contract, the City of Paterson will investigate apparent low bidders for any delinquent taxes
or other Municipal charges including but not limited to sewer charges, demolition liens, etc. owed on any City of
Paterson property by said proposed vendor or its principals.
Bidders shall not submit bids with qualifying conditions or provisions.
Any such delinquent taxes or other Municipal charges would disqualify such bidders from bidding on or being
awarded a City Contract.
The City Council of the City of Paterson reserves the right to consider the bids for sixty (60) days after
receipt thereof, and the award will be made to the lowest responsible bidder in accordance with
applicable law.

Harry Cevallos, QPA, R.P.P.S.
Qualified Purchasing Agent
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Exhibit “B”
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Exhibit “C”
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Exhibit “D”
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6.6.1 QUESTIONNAIRE

This questionnaire must be filled out and submitted with and as prut of the Bid Proposal for Solid Waste
Collection Service for the City of Paterson. Failure to complete this form or to provide any of the information
required herein shall result in rejection of the Bid Proposal.

Answers should be typewritten or printed neatly in black or blue ink. Answers must be legible. Any
answer that is illegible or unreadable will be considered incomplete. If additional space is required, the bidder
shall add additional sheets and identify cleru1y the question being answered.

1. How many yeru·s has the bidder been in business as a Contractor under your present name?
Filco Carting Corp. has been in business as a contractor under the present name for 35 years.

2. List any other nrunes under which the bidder, its prutners or officers have conducted business in the past five
years.
None.

3. Has the bidder failed to perform any contract awarded to it by the City of Paterson under its current or any past
name in the past five years? If the answer is "Yes", state when, where and why. A complete explanation is
required.
Filco Carting Corp. has never failed to perform any contracts awarded to it by the City of Paterson.

4. Has any officer or partner of the bidder's business ever failed to perform any contract that was awarded to
him/her as an individual by the City of Paterson in the pa~"'v-ve years? If the answer is "Yes", state when,
where and why. A complete explanation is required.
No.

5. List all public entity contracts which the bidder or its partners is now performing or for which contracts have
been signed, but work not begun. Give the name of the municipality or owner, the amount of the contract and
the number of years the contract covers.
NYC HOUSING AUTHORI'IY (NY CHA) AMOUNT OF THE CONTRACT AWARD EQUALS $705,960 FOR 4 YEARS FROM DECEMBER 24, 2019 RAUGUST 31, 2023
R

NYC DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES (DCAS) AMOUNT OF THE CONTRACT AWARD EQUALS $3,182,900, SEPT,12018,AUG 31, 2023
w

6. List the government Solid Waste and Service contract that the bidder has completed within the last five years.
Give detailed answers to questions below relating to this subject.

(a) Name of Contracting Unit;
None.
(b) Approximate population of Contracting Unit;
None.
(c) Term of contract from_______ to
None.
(d) How were the materials collected?
None.
(\l) Give location of disposal sites and methods used in the disposal of solid waste;
None.

(£) Name and telephone number of Contract Administrator or some other official in chru·ge of collection
and disposal.
None.

Re-Bid 22.17.1 (30)
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7, State all equipment owned by and/or available to the bidder for use in Solid Waste Collection Service described
in the work specifications. Include the make of each vehicle, the year of mauufactme, the capacity, aud yeat·s
of service, present condition aud the type and size of the truck bodies.
SEE ATTACHED EQUIPMENT LIST

_8. Where can this equipment described above be inspected?

9. Identify all equipment that is not presently owned or leased by the bidder that will be necessary to perfo11n the
services in accordauce with the work specifications.
FILCO CARTING CORP. HAS ALL THE NECESSARY EQUIPMENT TO SERVICE THIS CONTRACT.

10. Describe how you will obtain such equipment if you are awarded the Contract. If such equipment is to be
leased, provide the name, address and phone number ofthe lessor. If the equipment isto be purchased, provide
the name, address aud phone number of the seller.
FILCO CARTING CORP. HAS ALL THE NECESSARY EQUIPMENT NEEDED IN ACCORDANCE
WITH WORK SPECIFICATIONS.

11. If the equipment to be leased orpmchased is not located at the address(s) given above in answer 9, identify
where the equipment can be inspected.
FILCO CARTING CORP. HAS ALL THE EQUIPMENT NEEDED TO MEET WORK SPECIFICATIONS.

12. List the name and address of three credit or bank references.
Comercia Bank BMO Harris Bank NA Covanta.

13. Supply the most recent Annual Report, as required to be filed with the Department of Environmental
Protection. In accordauce with N.J.S.A. 40A: 11-13(£), the bidder shall additionally submit a financial
statement if a financial statement is Federally required as a condition upon the awarding of a monetruy graut
to be used for the purchase, Contract or agreement.
FILCO CARTING CORP. IS ANYC BUSINESS INTEGRITY COMMISSION LICENSED HAULER SINCE 1997, AND IS
EXCITED TO HAVE RECENTLY ENTERED THE COLLECTION BUSINESS IN NEW JERSEY AND HAS NOT BEEN
REQUIRED TO FILE AN ANNUAL REPORT. PLEASE SEE 2022 FINANCIALS ATTACHED.
14. Additional remarks if any.
FILCO CARTING CORP. PROUDLY SERVICES 5,000+ COMMERCIAL, RESIDENTIAL, INDUSTRIAL, AND
INSTITUTIONAL CUSTOMERS DAILY. INCLUDING ALL THE VERIZON AND CON EDISON LOCATIONS,
THROUGHOUT THE 5 BOROUGHS OF NYC, WESTCHESTER, ROCKLAND,AND PUTNAM COUNTIES. OUR
EXPERIENCES TEAM OF WASTE PROFESSIONALS USE THE MOST COMPREHENSIVE IDGH-LEVEL
SOLUTIONS FOR WASTE COLLECTION AND RECYCLING.

Re-Bid 22.17.1 (31)
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Exhibit “E”
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AIA Document A310™ -2010
Bid Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
Filco Carting Corp ofbusiness)
Great Midwest Insnrance Company
This document has important legal
c--.~ onsequences,_C.o.nsu l~a Uo.t1_witb__ ,
an attorney is encouraged with
OWNER: respect to its completion or
(Name, legal status and address) modification.
City of Paterson, Purchasing Division
Any singular reference to
155 Market Street, 4th floor
Contractor, surety, owner or
Paterson, New jersey, 07505 other party shall be considered
BOND AMOUNT: 10% of.the total amount of the bid proposal (not to exceed $20,000) plural where applicable.

PROJECT:
(Name, location or address, and Prpject number, if any)
COLLECTION OF SOLID WASTE FOR THE ProjectNmnber,ifany: BID NO. 22.17.1
CITY OF PATERSON - NO BULK, RE-BID NO. 22.17.1
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 tl1e Owne.r accepts the bid of the Contractor
within the time specified in the bid docmnents, 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, aod gives such. bond or bonds as may be specified in the bidding or Contract Docmnents, with a surety admitted
in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful perfonnance of such Contract
and for the prompt payment of labor aod 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, tl1en 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 Contractor to extend the time in which tht, Owner may accept the bid. Waiver of
notice by the Surety shall not apply to any extension exceeding sh,ty (60) days in the aggregate beyond the time for
acceptance of bids specified in the bid docmnents, 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 sball be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in tl1e location of the Project,
any provision in this Bond conflicting with said statutoiy or legal requirement shall be deemed deleted herefrom and
provisions confonning 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.
day of August ,2023.
0
File
(Seal)
(Witness) Ntcl10 ta,· f
(Title) P~tc ,11 / CB.

V~Jb
(Witness) Neal Driscoll
Great Midwest Insurance Company

(Title) Sean P. Kirwan, Attorney-in-Fact
(Seal)

Exhibit “F”
PAS-L-002447-23 09/07/2023 2:28:17 PM Pg 26 of 60 Trans ID: LCV20232548700
PAS-L-002447-23 09/07/2023 2:28:17 PM Pg 27 of 60 Trans ID: LCV20232548700
PAS-L-002447-23 09/07/2023 2:28:17 PM Pg 28 of 60 Trans ID: LCV20232548700
PAS-L-002447-23 09/07/2023 2:28:17 PM Pg 29 of 60 Trans ID: LCV20232548700
PAS-L-002447-23 09/07/2023 2:28:17 PM Pg 30 of 60 Trans ID: LCV20232548700
PAS-L-002447-23 09/07/2023 2:28:17 PM Pg 31 of 60 Trans ID: LCV20232548700
PAS-L-002447-23 09/07/2023 2:28:17 PM Pg 32 of 60 Trans ID: LCV20232548700
PAS-L-002447-23 09/07/2023 2:28:17 PM Pg 33 of 60 Trans ID: LCV20232548700
PAS-L-002447-23 09/07/2023 2:28:17 PM Pg 34 of 60 Trans ID: LCV20232548700

Exhibit “G”
PAS-L-002447-23 09/07/2023 2:28:17 PM Pg 35 of 60 Trans ID: LCV20232548700

FILCO CARTING PROUDLY ANNOUNCES
ADAM PASQUALE, CO-FOUNDER RECYCLE
TRACK SYSTEMS (RTS), JOINS FILCO AS
EXECUTIVE VICE PRESIDENT

NEWS PROVIDED BY
Filco Carting 
14 Nov, 2022, 12:44 ET

Two industry innovators come together to lead New York City's highest-rated waste
management and recycling firm.

NEW YORK, Nov. 14, 2022 /PRNewswire/ -- Filco Carting announced today that longtime waste
management entrepreneur and founder of Recycle Track Systems (RTS), Adam Pasquale, will
join Filco Carting as Executive Vice President, Strategy and Corporate Development, working
directly with Filco's CEO, Domenic Monopoli.





PAS-L-002447-23 09/07/2023 2:28:17 PM Pg 36 of 60 Trans ID: LCV20232548700 



As part of his responsibilities with Filco, Pasquale will partner with Monopoli to further advance
Filco's commitment to a Zero Waste future. Initiatives in which they will partner include
expanding Filco's ability to provide more scalable and sustainable solutions for its customers
and communities.

"Adam joining Filco at this time is significant because it is a pivotal and historic moment for
New York City's waste industry -- as its new Commercial Waste Zone (CWZ) Program legislation
begins its implementation in the coming year," said Domenic Monopoli. This program, which
divides the five boroughs into zones, aims to enhance New York City's collection services to
accomplish its zero-waste goals, greater safety, improve environmental health, overhaul pricing
standards, and strengthen customer service standards. "We are confident that Adam joining
the Filco team at this moment reinforces our ability to exceed these new standards of the CWZ
Program," Monopoli added.

Their dynamic, strategic alliance further drives both Monopoli's and Pasquale's shared vision for
a safe and sustainable New York City. Pasquale's move to Filco follows the company's recent
purchase of 21 environmentally friendly Battle Motors LET2 trucks earlier this year,
demonstrating Filco's continuous innovation and dedication to sustainability, service, and
safety.


PAS-L-002447-23 09/07/2023 2:28:17 PM Pg 37 of 60 Trans ID: LCV20232548700
"We are fortunate to have the experience and knowledge that Adam brings to Filco, particularly
his visionary approach to sustainability," said Monopoli.

About Adam Pasquale
Mr. Pasquale worked in his family business after he graduated from The George Washington
University, then taking ownership in 1999 of Ideal Sanitation and Sam Pasquale Carting. In
2005, Pasquale sold the business to Action Carting Corp., joined their team, growing its fleet
from 40 to 400 trucks during his tenure there. He then founded RTS in 2015 as the driving force
behind the company's revolutionary technology that provides scalable traceability and
sustainability services to its partners, including Filco Carting. "Having firsthand insight of
Adam's trailblazing career, folding him to the Executive Filco team is a dream come
true," shares Filco CEO Domenic Monopoli. "Adam's expertise in dual stream recycling, organic
compost collection and seamlessly leveraging technology to provide sustainable solutions
offers a promising future not only for Filco, but also for the industry, community, and partners it
serves."

Filco Carting and RTS Alliance
Monopoli's and Pasquale's 25-year relationship led to Filco becoming RTS's largest hauler by
integrating RTS's state of the art geo-tracking technology across Filco's fleet of 40 trucks.
"Adam's integrity and experience were the essential decision-making factors in our RTS
partnership. His arrival at Filco only strengthens the RTS – Filco cooperative", says Monopoli.

About Filco Carting Corp.
Filco Carting, founded in 1910, is the definitive leader in commercial waste collection in New
York City. With more than 112 years of experience, Filco's fourth-generation family owned and
operated business proudly services more than 5,000 commercial, residential, industrial, and
institutional customers with the most comprehensive services on the market. Filco Carting
offers everything from dumpster rentals and waste collection to recycling and waste
management services. Today, Filco remains committed to serving New Yorkers, as well as to
better the health and safety of its team members, customers, and the community. Recently
named to the Top 50 list for the largest recycling and waste firms in North America by
Waste360, Filco Carting is licensed by the NYC Business Integrity Commission BIC #390 and is
dedicated to maintaining the highest environmental and safety standards.


PAS-L-002447-23 09/07/2023 2:28:17 PM Pg 38 of 60 Trans ID: LCV20232548700
For more information, visit: www.filcocarting.com

SOURCE Filco Carting

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PAS-L-002447-23 09/07/2023 2:28:17 PM Pg 39 of 60 Trans ID: LCV20232548700
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PAS-L-002447-23 09/07/2023 2:28:17 PM Pg 40 of 60 Trans ID: LCV20232548700

Exhibit “H”
PAS-L-002447-23
BER-L-002083-22 09/07/2023
04/13/20222:28:17
2:47:40PM
PM Pg
Pg41
1 of 60
9 Trans
TransID:
ID:LCV20221502810
LCV20232548700
PAS-L-002447-23
BER-L-002083-22 09/07/2023
04/13/20222:28:17
2:47:40PM
PM Pg
Pg42
2 of 60
9 Trans
TransID:
ID:LCV20221502810
LCV20232548700
PAS-L-002447-23
BER-L-002083-22 09/07/2023
04/13/20222:28:17
2:47:40PM
PM Pg
Pg43
3 of 60
9 Trans
TransID:
ID:LCV20221502810
LCV20232548700
PAS-L-002447-23
BER-L-002083-22 09/07/2023
04/13/20222:28:17
2:47:40PM
PM Pg
Pg44
4 of 60
9 Trans
TransID:
ID:LCV20221502810
LCV20232548700
PAS-L-002447-23
BER-L-002083-22 09/07/2023
04/13/20222:28:17
2:47:40PM
PM Pg
Pg45
5 of 60
9 Trans
TransID:
ID:LCV20221502810
LCV20232548700
PAS-L-002447-23
BER-L-002083-22 09/07/2023
04/13/20222:28:17
2:47:40PM
PM Pg
Pg46
6 of 60
9 Trans
TransID:
ID:LCV20221502810
LCV20232548700
PAS-L-002447-23
BER-L-002083-22 09/07/2023
04/13/20222:28:17
2:47:40PM
PM Pg
Pg47
7 of 60
9 Trans
TransID:
ID:LCV20221502810
LCV20232548700
PAS-L-002447-23
BER-L-002083-22 09/07/2023
04/13/20222:28:17
2:47:40PM
PM Pg
Pg48
8 of 60
9 Trans
TransID:
ID:LCV20221502810
LCV20232548700
PAS-L-002447-23
BER-L-002083-22 09/07/2023
04/13/20222:28:17
2:47:40PM
PM Pg
Pg49
9 of 60
9 Trans
TransID:
ID:LCV20221502810
LCV20232548700
PAS-L-002447-23 09/07/2023 2:28:17 PM Pg 50 of 60

Case Info

Judge

Rudolph A Filko Track Judge’s New Case

Case No.

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Document Filed Date

September 07, 2023

Case Filing Date

September 07, 2023

County

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Complaint,Petition: Suburban Disposal, I Nc. Vs City Of Paterson

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