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HomeMy WebLinkAboutPower Crush, Inc RESOLUTION 2018-437 ADOPTED DOC ID: 14101 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-437 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 8, 2018: RESOLVED that the Town Board of the Town of Southold,hereby accepts the bid of Power Crush, Inc. to supply the town with services to haul construction and demolition debris and single stream recyclables in the amount of$422.22/trailer load,using 125 cubic yard capacity trailers, as detailed in their bid opened by the Southold Town Clerk on May 3, 2018, all in accordance with the Town Attorney. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: James Dinizio Jr,William P. Ruland, Louisa P. Evans, Scott A. Russell ABSENT: Jill Doherty, Robert Ghosio AGREEMENT THIS AGREEMENT, made on the day of a by and between the Town of'Southold, a municipal corporation o he State of New York having its principal place of business at 53095 Main Road, Southold, New York, hereinafter called the"Town" and Power Crush, Inc., having its principal place of 'business at 140 Old Northport Road Kings Park, NY 11754 hereinafter called the "Contractor". WITNESSETH: WHEREAS, Contractor has submitted to the Town a bid opened in the office of the Southold Town Clerk on May 3, 2018, ("Bid") in response to the Town's Bid Solicitation for Materials, Hauling and Disposal Services dated April 2018 ("Solicitation"), a copy of which is attached hereto as Exhibit"A" and incorporated herein by this reference; and WHEREAS, the-Town Board of the Town of Southold by Resolution No. Aft• q3q adopted on May 8, 2018, authorized the Town Supervisor to enter into an agreement with the Contractor to perform certain services in connection with the handling of solid waste; NOW, THEREFORE, it is mutually covenanted 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 thereto as Exhibit"B": III. TERM OF AGREEMENT The term of this Agreement shall be for two (2) years commencing on May 19, 20,18. The Town and the Contractor shall have the option to renew the Agreement, at the price(s) agreed to herein, for an additional one(1) year term by mutually consenting, in writing, to do so not less than thirty(30) days prior to the expiration of the initial term. IV. PRICE SCHEDULE/COMPENSATION The sum of$422.22 will be paid to Contractor for each truckload, materials hauled in accordance with the unit bid price schedule for each Task attached hereto as Exhibit"C". V. PAYMENTS A. The Contractor shall receive monthly payments for services performed during 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 tonnage hauled and disposed of by Contractor to a Destination Site and disposed by Contractor to the Destination Sites as applicable. The Town shall pay the Contractor upon the submission of a voucher at the completion of each pump station maintenance visit. Such voucher shall be due and payable within 45 days after receipt of such 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 for payment the voucher to be submitted by Contractor in connection therewith. The Town Board shall process any 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 pursuant to this paragraph, the Town shall, within 30 days of the receipt of such voucher, 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,prohibit payment of any of Contractor's claims against the Town unless an itemized voucher therefore shall have been presented to the Town Board or Town Comptroller and shall have been audited and allowed by the Town Board or Town Comptroller. 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 in connection with this work and for every act and neglect of the Town and others relating to or arising out of, this Contract, up to the date of the voucher, except Contractor's claims for interest upon the final payment, if this payment be improperly delayed. No payment,however final or otherwise, shall operate to release the Contractor or its sureties from any obligations under this Contract. The Town shall be entitled to deduct from any payment owning to Contractor any sums expended by the Town to cure 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. CONTRACTOR'S WARRANTIES AND REPRESENTATIONS Contractor makes the following warranties and representations: -2- 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 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 WBE Utilization Plan,prior to execution of this Agreement. D. Contractor shall haul all construction and demolition debris (C&D) from the Town's Transfer Station at 6155 Cox Lane, Cutchogue, New York, to the Town of Brookhaven C&D Landfill at 350 Horseblock Road, Yaphank, New York. Contractor shall haul all commingled single stream recyclables consisting of tin and aluminum cans, plastic containers, cardboard, paper, glass bottles, and other items acceptable to the Town of Brookhaven collected through the Town's single-stream (SS) Residential Recycling Program from the Town's Transfer Station at 6155 Cox Lane, Cutchogue, New York, to the Town of Brookhaven Materials Recovery Facility(MRF) located at 350 Horseblock Road,Yaphank, New York. VII. INDEMNIFCATION 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 failure to carry out 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, licensees, 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 or interruption with the Town's rights hereunder, including all appeals which, in the opinion of the Town,may be necessary. -3- 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 the performance of services hereunder,maintain a Performance Bond in the amount of two hundred and fifty thousand($250,000.00) dollars wherein named obligee is 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 party is delayed or prevented from fulfilling any of its obligations under this Agreement due to any act, event or condition,whether affecting the Town, the Contractor, or the Destination Site, to the extent that it materially and adversely affects the ability of either party to perform any obligation hereunder(except for payment obligations), and if such act, event or condition is beyond the reasonable control and is not also the result of the willful or negligent action, inaction, or fault of the party relying thereon as justification for not performing an obligation or complying with any condition required of such party under the Agreement, the time for fulfilling that obligation shall be extended day-by-day for the period of the uncontrollable circumstance; provided, however, that the contesting in good faith or the failure in good faith to contest such action or inaction shall not be construed as willful or negligent action or a lack of reasonable diligence of either party. Subject to the foregoing, such acts or events shall include the following: (1) an act of God(but not including reasonable anticipated weather conditions for the geographic area of the Town or Destination Site)hurricane, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, not 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; -4- (3) governmental pre-emption of materials 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 United States; or(g) any change in law or in the permit conditions or status of the Transfer Station Destination Site or alternate Destination Site. IX. SUBCONTRACTS Contractor shall not enter into any subcontracts in connection with the services to be performed by Contractor hereunder without the prior written approval by the Town of such subcontracts. All such subcontracts shall make express reference to the terms and conditions of this Agreement and shall obligate the subcontractor to comply with all applicable federal, state and local laws, ordinances or regulations relating to the services to be performed under the subcontract. In the event the subcontractor is required to famish 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 agrees to comply with the provisions 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 -5- Performance Bond as full or partial reimbursement for such excess costs. The Town reserves the right to terminate the Agreement for just cause. XII. 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 th&Town incurs no liability beyond those available by authorization of the Town Board as of the date of this Agreement. XIII. DISPUTES/ARBITRATION Any disputes between the parties to this Agreement may be referred to arbitration by mutual agreement of the parties. Absent such an agreement, any actions or claims by either party hereto 'shall be commenced in Supreme Court, Suffolk County, New York. 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 applicable 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 hereto; 3. The Solicitation including Appendices; 4. Contractor's Bid. -6- 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 he 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 it shall not discriminate and that it 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 recruitment advertising; layoff or termination; rates of pay or other forms of 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: Supervisor of the Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold,New York 11971-0959 With a copy to: Solid Waste Coordinator Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 -7- If to the Contractor: Power Crush, Inc 140 Old Northport Road Kings Park, NY 11754 Toby Carson 631/368-4000 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. XVI. AUTHORITY FOR EXECUTION ON BEHALF OF THE TOWN The Supervisor has executed this Agreement pursuant to a Resolution adopted b the Town Board of the Town of Southold, at a meeting thereof held on -L-D�J. Scott A. Russell, Supervisor, whose signature appears hereafter, is duly authoriz d 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, Elizabeth Neville. -8- t IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. TOWN OF SOU coOLD Stt A.Russell, Supervisor I- VV , By: By: STATE OF NEW YORK) )ss.: COUNTY OF SUFFOLK) LL: On this_�-day of in the year 291�-before me,the undersigned,personally 'CoLy 6 e4j.So-i ,authorized agent of Power Crush,Inc.personally known to me or pn4vea to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual or the person upon whose behalf of which the individual acted,executed i strument. tary Public LES d poiNELLI NOTARY pUti3LIG STATE of NEW Y0111,STATE OF NEW YORK) Registration'No.01 pp6151961 oualified in S if Akisg 2 ntyQ COUNTY OF SUFFOLK) Commission Exp 2 Ftb On this day of Min f c� e year 2Mefore me,the undersigned,personally appeared SCOTT A. RUSSELL,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose naive is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual or the person upon whose behalf of which the individual acted, executed the instrument. -M, �t Notary public F LAUREN M.STANDISH ' ,Notary Public, State of New York t' No.01 ST6164008 j= Qualified in Suffolk County p Commission ExpiresAprii 9,2019 f BIDDER'S SOLICITATION MATERIALS HAULING SERVICES AGREEMENT DOCUMENTS TOWN OF SOUTHOLD STATE OF NEW YORK TOWN OF SOUTHOLD Prepared by: Solid Waste Management District P.O. Box 962 Cutchogue,NY 11935 April 2018 TABLE OF CONTENTS NOTICE TO BIDDERS 4 GENERAL SERVICES SOUGHT 5 BID INSTRUCTIONS 6 GLOSSARY OF TERMS 7 SECTION A- SUBMISSION REQUIREMENTS 9 1.0 Project Purpose 9 2.0 Schedule 9 3.0 Examination Of Agreement Documents 9 4.0 Information to be Submitted 10 4.1 Contractual Bid 10 4.2 Supplemental Information 10 5.0 Bid Format 10 6.0 Submission of Bid 10 7.0 Execution Of Agreement 11 8.0 Consideration Of Bids 11 9.0 Selection Of Contractor 11 10.0 Acceptance of Bid 11 11.0 Assignment 12 12.0 Insurance and Bonds 12 12.1 Insurance 12 12.2 Bonds 12 13.0 Indemnity(Hold Harmless) 12 14.0 Payments 13 15.0 Default 13 16.0 Term of Agreement 13 17.0 Rights and Options 13 SECTION B -BID SPECIFICATION 14 1.0 Requirements 15 2.0 Program Goals and Objectives 15 3.0 Character and Amounts of Materials 15 3.1 Quantities-C&D 15 j.2 Quantities-SS 15 3.3 Non-Compliance Waste 16 4.0 Schedule of Cutchogue Transfer Station 16 5.0 Program Activities 16 5.1 Contractor Responsibilities 16 5.2 Town Responsibilities 17 5.3 Routing Mode 17 5.4 Town of Southold Accident and Damage Policy 17 6.0 NYSDEC Part 360 Permit to Operate 48 7.0 Compensation 18 8.0 Safety and Health Regulations 18 9.0 Contacts 18 2 11.0 Supporting Data 18 SECTION C—CONTRACTOR BID FORM 19 1.0 General Bid Statement 20 2.0 Unit Price Bid Schedule 23 2.1 C&D Hauled to Brookhaven LF 2.1.1 Mode of Transportation 23 2.1.2 C&D Haul Services Pricing 23 2.2 Single Stream Hauled to Brookhaven MRF 25 2.2.1 Mode of Transportation 25 2.2.2 Single Stream Haul Services Pricing 25 3.0 Agreement Bid Price Evaluation 27 4.0 Signature Page 27 SECTION D—APPENDICES 28 Appendix A—Subcontractors 29 Appendix B—Performance Bond 30 3 NOTICE TO BIDDERS MATERIALS TRUCKING SERVICES The Town of Southold will receive sealed bids for materials trucking services for the items identified herein(i.e., construction and demolition debris (C&D) and single stream recyclables (SS) consisting of tin/aluminum cans, glass and plastic containers, cardboard, newspaper,mixed paper, and other acceptable residential recyclables, such bids to then be opened and publicly read aloud. The trucking services sought by the Town will involve moving C&D and SS collected at the Town's waste and recycling Transfer Station on Cox Lane in Cutchogue, NY to one or more specified destinations. THIS SOLICITATION SEEKS TRUCKING SERVICE(S) ONLY. NO DISPOSAL OR RECYCLING SERVICES ARE SOUGHT. PLACE: Office Of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 (631) 765-1800 DATE: Thursday, May 3, 2018 TIME: 2:00 PM (LATE BIDS WILL NOT BE OPENED) t 4 TOWN OF SOUTHOLD MATERIALS TRUCKING SERVICES GENERAL SERVICES SOUGHT The Town seeks prices for each of the following trucking tasks, in accordance with this Bid Solicitation: TASK 1: A bid price PER TRIP,to provide equipment and labor for hauling construction & demolition debris (C&D) from the Town of Southold Transfer Station at 6155 Cox Lane, Cutchogue,NY to the Town of Brookhaven C&D Landfill at 350 Horseblock Road,Yaphank,NY. TASK 2: A bid price PER TRIP to provide equipment and labor for hauling single stream recyclables (SS) consisting of tin and aluminum cans, plastic containers, glass bottles,newspaper, cardboard, mixed paper and other acceptable items collected through the Town of Southold's residential recycling program, from the Town of Southold Transfer Station,at 6155 Cox Lane, Cutchogue,NY to the Town of Brookhaven Materials Recovery Facility(MRF), operated for the Town of Brookhaven by Green Stream Recycling,located at 350 Horseblock Rd.,Yaphank,NY. THE TOWN IS CURRENTLY UNDER INTER-MUNICIPAL AGREEMENTS (IMA) TO DELIVER THE MATERIALS COVERED BY TASK 1 AND TASK 2 TO THE BROOKHAVEN DESTINATIONS SPECIFIED. THESE DESTINATIONS ARE NOT EXPECTED TO CHANGE DURING THE TERM OF ANY CONTRACT ENTERED INTO PURSUANT TO THIS BID. BY SUBMITTING A BID FOR THESE TASKS,THE BIDDER IS COMMITTING TO DELIVER SAID MATERIALS TO THESE LOCATIONS. BASIC AWARD CRITERIA The winning bid submitted in response to this solicitation will be based on the lowest unit price (i.e.,price per truckload) submitted by a responsible bidder for the two TASKS combined. The Town expects a single contractor to perform both Tasks. Responders are asked to bid separate prices for each year of the 3-year term, however only prices bid for the first two (2)years will be used for the purpose of calculating a unit price evaluation (i.e.,price per truckload). TERM The term of this Agreement shall be TWO (2) years from commencing from the date of award, expected to be on or about May 8, 2018. The Town and the winning bidder shall have a mutual option of renewing the Agreement for an additional one year term by agreeing together in writing to do so not less than thirty(30) days prior to the expiration of the initial term, at the price(s) agreed to herein. 5 BID INSTRUCTIONS Bids must be made in writing on the forms furnished. The successful Bidder may be required to furnish a performance Bond, and insurance in accordance with the instructions in the Bid Solicitation(APPENDIX B). The bid price shall not include any tax, Federal, state, or local, from which the Town of Southold is exempt. A Bidder may not withdraw his bid within forty-five(45) days after the opening of the bids, but may withdraw his Bid at any time prior to the scheduled time for the opening of bids. The Town reserves the right to reject any or all bids and to waive informalities, should this action be in the best interest of the Town of Southold. Bid Solicitation containing submission requirements, instructions, technical specifications, and bidding forms may be examined free of charge and at the following location on weekdays from 8:00 A.M. to 4:00 P.M.: Office Of the Town Clerk Southold Town Hall 53095 Main Road Southold,New York 11971 Bid Solicitation may be picked up at: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold,New York 11971 Bidders should direct any questions concerning this solicitation to Mr. James Bunchuck, the Southold Town Solid Waste Coordinator at the Southold Town Transfer Station office 6155 Cox Lane, Cutchogue,NY 11935 (631) 734-7685. Bidders may visit the Transfer Station during normal business hours of 7:00 am—5:00 pm, 7 days a week(except holidays). Appointments are not necessary,but may be scheduled by calling Mr. Bunchuck. Elizabeth A. Neville Town Clerk 6 GLOSSARY OF TERMS ADMINISTRATOR- Shall mean the Coordinator of construction and demolition debris (or his agent) Of the Town of Southold,New York. AGREEMENT- Shall mean a Form operating agreement set forth by the Town and resulting from this Bid Solicitation between the Town of Southold and the successful Bidder to be executed in 2018 . AGREEMENT DOCUMENTS - Shall include the notice to bidders, instructions,bid solicitation,bid Forms, information schedules,proposal,payment bond, bid bond, Agreement, performance bond, certificates of insurance, glossary of terms any general conditions or special conditions, and any addenda. The Agreement Documents will Form a part of the Agreement. AGREEMENT YEAR- Shall mean the period of the first 365 days from the date a contract(s)/award(s)pursuant to this solicitation is signed by the parties. BIDDER- Shall mean any party or parties submitting in proper form a bid to perform the work as specified in the Agreement Documents. The successful Bidder selected by the Town to perform the specified work will thereafter be known as the Contractor. BID PRICE- Shall mean the unit cost to determine the ranking of bidders. BID SOLICITATION- Shall mean this document, specifications, and any bid addenda issued. COMMENCEMENT DATE- Shall mean the date a contract(s)/award(s)pursuant to this solicitation is signed by the parties. CONSTRUCTION MATERIALS AND/OR DEMOLITION DEBRIS (C&D)- Shall mean solid waste resulting from the construction,renovation, equipping,remodeling,repair and demolition of structures and roads. Such waste includes, but is not limited to,bricks, concrete and other masonry materials, soil,rock,wood, wall coverings,plaster, drywall, non-asbestos insulation and roofing shingles. CONTRACT DOCUMENTS - Shall have the same meaning as Agreement Documents. CONTRACTOR- Shall mean the party contracting to perform the work, or the heirs, executors, administrators, agents, or successors thereof. COUNTY- Shall mean Suffolk County, State Of New York. DAILY- Sunday to Saturday, inclusive. DESTINATION SITES —Permitted disposal site(s) designated by the Town for C&D and permitted recycling facilities designated by the Town. EPA- Environmental Protection Agency(Federal). HAUL SERVICES UNIT PRICE - Shall mean the Contractor's compensation in dollars for each ton of C&D debris or recyclables actually hauled from the Town Of Southold Transfer Station to the Town Designated Disposal/Recycling Site. 7 GLOSSARY Glossary of Terms (cont'd) HAZARDOUS WASTE- Shall mean(1) any "hazardous waste" as defined under the Resource Conservation and Recovery Act, 42 US.C. Section 6901 et seq., or "hazardous substance" as defined under the comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., or "hazardous waste" as defined under New York Environmental Conservation Law Section 27-0901 et seq., as each such law may be amended from time to time, and the regulations promulgated there under, and any analogous or succeeding Federal, state or local law, rule or regulation and regulations promulgated there under and(2) any other material which any governmental agency or unit having appropriate jurisdiction shall determine from time to time cannot be processed at the facility because it is harmful, toxic or dangerous. NOTICE OF AWARD - Shall mean written notice from the Town of Southold to the successful Bidder that the Town of Southold intends to award an Agreement to the successful Bidder, subject to compliance with all their terms and conditions of the Agreement Documents. NYSDEC -New York State Department Of Environmental Conservation. ONP—Old Recycled Newsprint brought to the Southold MSW Transfer Station by residents and curbside collection carters, including newspaper, glossy inserts,magazines,paperback books, office paper, and construction paper. ONP is NOT intended to include paper used for cleaning or hygiene purposes such as paper towels, napkins, or tissues. OSHA-Federal Williams-Steiger Occupations Safety&Health Act of 1970,plus subsequent revisions. PERMIT- Shall mean any and all permits, licenses, approvals, certificates of public convenience and necessity, Franchises or authorizations which must be issued by any Governmental Body having jurisdiction thereof to legally enable the Contractor to transport and/or dispose Of construction and demolition debris. PERMITTEE- Shall mean any person issued a valid permit to haul construction and demolition debris or to construct, establish,maintain or operate a construction and demolition debris Disposal Site. RCRA-Resource Conservation Recovery Act(Federal). SINGLE STREAM—Shall mean tin and aluminum cans,plastic containers, glass bottles, newspaper, cardboard,mixed paper and other items acceptable to Green Stream Recycling collected through the Town of Southold's residential recycling program, SOLID WASTE - Shall mean all putrescible and non-putrescible materials or substances, including but not limited to garbage, refuse,rubbish, ashes, agricultural wastes, and offal. (Solid Waste does not include C&D waste, recyclables, hazardous, or infectious waste). SUBCONTRACTOR- Shall mean an individual, firm or corporation having a direct contract with the Contractor for services, equipment,materials and/or labor. 8 SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS AND AWARD BASIS 1.0 PROJECT PURPOSE The Town of Southold seeks bids for the hauling of construction and demolition debris (C&D) and single stream recyclables (SS) from the Town of Southold Transfer Station to specified permitted Destination Site(s) owned and operated by the Town of Brookhaven. 2.0 SCHEDULE The schedule below is an estimate of the time period leading up to the commencement of the Agreement. Its intent is to provide each Bidder with an idea of when certain events may occur. The dates given are guidelines and should not be construed as firm dates or deadlines due to the multiple parties involved in the decision making process. EVENT DATE Bid Opening 2:00 PM, May 3, 2018 Town Board Approval May 8, 2018 Agreement Executed On or Before May 18,2018 Operations Commencement Day Agreement is Executed 3.0 EXAMINATION OF AGREEMENT DOCUMENTS,FAMILIARITY WITH THE WORK It is the responsibility of each Bidder before submitting a Bid to (a) examine the Bid Documents thoroughly, (b)become familiar with conditions at the Town of Southold Transfer Station and Destination Sites that may affect cost,progress,performance or furnishing of the work; (c)become familiar with and consider all federal, state and local laws,regulations ordinances,permits, approvals and orders that may effect the cost,progress,performance or furnishing of the work; (d) study any Bid and/or Agreement Documents carefully; and(e)notify the Town Clerk of all conflicts, errors or discrepancies in the Agreement Documents. The submission of a Bid becomes a representation that Bidder has complied with every requirement of this Bid Solicitation,that the Bid is based upon performing and furnishing the work required by the Agreement Documents, and that the Agreement Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performing and furnishing the work. 9 4.0 INFORMATION TO BE SUBMITTED WITH PROPOSAL 4.1 Contractual Bid For the purpose of assisting the Town in determining the responsible Bidders for this Bid Solicitation,the Bidder is required to submit the following minimum information with his bid: i. Contractor Bid Form ii. Supplemental Information as described in 4.2 4.2 Supplemental Information In addition to the aforementioned forms,the Bidder is required to submit the following supplemental information with his bid: i. A statement that the Bidder has or will acquire all manpower,materials and supplies, mobile equipment, etc., necessary to provide the Town with all services sought under the Agreement. _ ii. A copy of any current Permit(s)to transport C&D and/or municipal recyclables as required. iii. A list of any Subcontractors the Bidder intends to use to complete any portion of the work. The Bidder is advised that any Agreement awarded will be contingent upon the use of the subcontractor(s) so identified. In the event that the Bidder desires to change the number or identity of such subcontractor(s),the proposed change must be ° submitted to the Town for approval. (SEE APPENDIX A). 5.0 BID FORMAT Form Preparation Bid prices shall be submitted in the form described in this Bid Solicitation(SEE PAGE 25 ). Bid prices shall be properly filled in,using both words and numerals where indicated. BIDS SHALL NOT BE QUALIFIED, MODIFIED, LIMITED OR RESTRICTED IN ANY WAY. In the event a specification is not applicable, it shall be so indicated. Incomplete bids may not be considered, depending on the nature of the missing information. 6.0 SUBMISSION OF BID Each Bidder shall submit a complete set of his Bid which shall be enclosed in a sealed envelope plainly marked on the outside with the title of the work and the name and address of the Bidder. No Bid will be considered unless filed on or before the time and at the place designated in the Notice to Bidders. Bids received after the time set for the opening will be returned to Bidders unopened. When sent by mail,preferably registered,the sealed Bid,marked as above, should be enclosed in an additional envelope similarly marked and addressed to: Elizabeth Neville Southold Town Clerk Town Hall 53095 Main Road Southold,New York 11971 ti 10 7.0 EXECUTION OF AGREEMENT, FURNISHING OF BONDS The successful Bidder, or its legally authorized representative, shall appear in person within ten(10) days of the Notice of Award by the Town at the place and time designated by the Town to execute the Agreement and other Agreement Documents for Materials Hauling Services, ifso required by the Town. Under the terms of a contract awarded pursuant to this bid, the successful Bidder may be required, at its own cost and expense, to procure, execute and deliver to the Town a Performance Bond equal to the estimated cost of trucking services provided under the terms of this bid over a period of 180 days. This bond, if required(as shown by example in Appendix B), would be maintained at the Contractor's own expense for the term of the Agreement. Failure to do so would constitute a breach of the Agreement and/or contract entered into between the parties. In such event, the Town may determine that such Bidder has abandoned the Agreement and the Town shall be entitled to take action for any and all damages it may suffer as the result of such breach. 8.0 CONSIDERATION OF BIDS The Town of Southold reserves the right to reject any/or all bids for haul and disposal services if such action is deemed to be in the best interests of the Town. To be considered responsive to this Bid Solicitation, each Bidder shall A) provide equipment, labor,maintenance and management services to haul C&D and recyclables from the Town of Southold Transfer Station designated Destination Site(s) as set forth in Section-B -Bid Specifications. B) Provide evidence of all current valid state and Federal permits, licenses, local ordinances, etc., required by law to receive construction and debris at the designated Disposal Site(s). C) Provide evidence of physical and financial capability to perform services described in the bid specifications. 9.0 SELECTION OF CONTRACTOR Only bids solicited from firms or combinations thereof, who have sufficient management, operating, and maintenance experience to fulfill the Town's goads and comply with the applicable local, state, Federal laws, ordinances, and regulations will be accepted. The Town will review the bids and make a selection recommendation based on the evaluation criteria included in this Bid Solicitation or take such other action as it deems in its best interest. Any agreement awarded hereunder will be to the responsible Bidder whose Evaluation Unit Bid Price is the lowest. The Town of Southold reserves the right, in its sole discretion, to reject all bids submitted in response to this Bid Solicitation. 10.0 ACCEPTANCE OF BID The acceptance of a Bid will be a Notice of Award signed by a duly authorized representative of the Town, and no other act of the Town shall constitute the acceptance of a Bid. The acceptance of a Bid shall bind the successful Bidder to perform the work described in the Bid Documents and to execute any other Agreement Documents that may be required by the Town. 11 11.0 ASSIGNMENT The successful Bidder to whom any Agreement shall be let, granted, or awarded shall not assign, transfer, convey, sublet, or otherwise dispose of the Agreement or of his right, title, or interest therein or his power to execute such Agreement, to any person or corporation without the prior written consent of the Town. 12.0 INSURANCE AND BONDS 12.1 Insurance For the period the Agreement is in effect, Contractor must maintain insurance acceptable to the Town in the kinds and amounts set forth below. All such insurance coverage shall be provided by companies licensed to do business in New York State. The Town of Southold and its agent shall be named as an additional insured and coverage shall not be changed or cancelled until thirty(30) days written notice has been given to the Town. Within ten(10) days of the Notice of Award, Contractor shall furnish to the Town evidence that it maintains the following types and amounts of insurance: 1. Worker's Compensation Insurance-A Policy covering the operations of the Contractor in accordance with the provisions of Chapter 41 of the Laws of 1914 as amended,known as the Worker's Compensation Law, covering all operations Of the Contractor,whether performed by him or by his subcontractors. The Agreement shall be void and of no effect unless the person or corporation making or executing same shall secure compensation coverage for the benefit of, and keep insured during the life of said Agreement such employees in compliance with provisions of the Worker's Compensation Law. 2. General Liabilily Comprehensive Form) Insurance- Contractor's liability insurance issued to and covering legal liability of the Contractor with respect to all work performed by him under the Agreement. 12.2 Bonds In the event the Contractor secures a Performance Bond from any of its subcontractors, said bond shall also name the Town of Southold as a dual obligee. 13.0 INDEMNITY(HOLD HARMLESS) Contractor shall agree to defend, indemnify and save harmless the Town against any and all liability, loss, damage, detriment, suit, claim, demand, cost, charge, attorney's fees and expenses of whatever kind or nature which the Town may directly or indirectly incur, suffer or be required to pay by reason of or in consequence of the carrying out of or the performance of the terms of such Agreement, or the failure to carry out any of the revisions, duties, services or requirements of such Agreement, whether such losses and damages are suffered or sustained by the Town directly or its employees, licensees, agents, engineers, citizens or by other persons or corporations, including any of the Contractor's employees and agents who may seek to hold the Town liable therefor. This obligation shall be ongoing, survive the term of the Agreement and include, but not be limited to, claims concerning non-sudden environmental impairments. 12 14.0 PAYMENTS Contractor shall receive monthly payments for services performed during the prior calendar month upon submission of an invoice(with a Town voucher) that shall contain an itemized list of trips from the Town of Southold Transfer Station including the tonnage of all materials hauled and the manifest number for each load removed. Such payments shall be made within sixty(60) days of the Town's approval of Contractor's invoice. Contractor's monthly invoice shall include a daily summary of tonnage received by Contractor at the Transfer Station. The Town shall be entitled to deduct from any payment owing to Contractor any sums expended by the Town to cure any default or other non-compliance by Contractor. 15.0 DEFAULT In the event the Contractor fails to perform its obligations under the Agreement, the Town may terminate such Agreement, and the Town may procure the services from other sources and hold the Contractor responsible for any excess costs incurred and deduct from payments owing to the Contractor and/or draw upon the Performance Bond as full or partial reimbursement for such excess costs. The Town reserves the right to terminate the Agreement for just cause. 16.0 TERM OFAGREEMENT The term of this Agreement(s) shall be.two (2) years commencing on the date of execution of the Agreement. The Town and the contractor(s), shall have the mutual option of renewing the Agreement for one (1) additional one(1) year term through written notice not less than thirty(30) days prior to the expiration of the term. 17.0 RIGHTS AND OPTIONS The Town of Southold,New York, reserves and holds at the following rights and options upon issuing this Bid Solicitation: 1. To award an Agreement to the candidate whose bid is judged to be the lowest responsible bid pursuant to Section 103 of the General Municipal Law of the State of New York. 2. To reject any and/or all bids. 3. To issue subsequent bid solicitations. 4. To issue additional and subsequent solicitations for statements of qualifications, and conduct investigations or interviews with respect to the qualifications of each Bidder. 5. To designate another public body,private or public agency, group, or authority to act in its behalf for evaluation and Agreement negotiations. 6. To designate another public body,private or public agency, group, or authority to act in its behalf for contract administration of this project at any time during the Agreement period. 13 SECTION B BID SPECIFICATIONS (TECHN I CAUMANAG EM ENT) 14 SECTION B BID SPECIFICATIONS TECHNICAL/MANAGEMENT 1.0 REQUIREMENTS This request for bids is issued for the Town of Southold, State of New York, Town Hall, 53095 Main Road, Southold,New York, 11971 (Telephone(63 1) , 765-1800) The effort, shall be known as the Town of Southold Materials Trucking Services. The Town of Southold seeks to engage a qualified Contractor to haul Construction and Demolition Debris(C&D) and single stream recyclables (SS)received at its MSW Transfer Station in Cutchogue,NY to Town-designated Destination Sites.,The Town will need to dispose of approximately 2,500 tons of C&D and 3,500 tons of SS during each year of the agreement. Specifically, the contractor(s)must provide equipment, labor,maintenance,management and policies to operate a transportation system for hauling C&D and SS as described herein. The contractor must perform all work in accordance with applicable federal, state, and local regulatory requirements. 2.0 PROGRAM GOALS AND OBJECTIVES 1 The goal of this project is the continued safe and reliable hauling and disposal of the C&D debris and SS from the Town Of Southold Transfer Station at minimum cost to the citizenry. 3.0 CHARACTER AND AMOUNTS OF MATERIALS The wastes which are to be hauled and disposed of under terms of this bid solicitation are to include typical C&D wastes and SS from a suburban community, as described in the Glossary of Terms. This Agreement will not provide any guarantees with respect to the volume of waste to be hauled and/or disposed of by Contractor. 3.1 Quantities—C&D It is believed that only about 20% of the C&D waste generated within the Town passes through the Transfer Station, as a result of relatively high tip fees that discourage use by larger commercial carters. Should economic conditions change, an increase in tonnage handled by the transfer station is possible. In 2017 2,600 tons of C&D waste were handled at the Town Transfer Station. CURRENT PRACTICE: The Town currently utilizes a 100-cubic yard walking floor trailer for C&D removal. In 2017 the average weight of un-processed C&D in each trailer load was 16 tons (net). 3.2 Quantities—SS The Town collected approximately 2,900 tons of single stream recyclables in 2017. Changes to the Town's Recycling programs may affect the quantity and characteristics of the SS recyclables received at the Town of Southold Transfer Station. 15 CURRENT PRACTICE: The Town currently utilizes 100-cubic_yard walking floor trailers for SS removal. The average weight of SS in each trailer load is 10 tons (net). 3.3 Non-Compliance Waste If the Contractor discovers any non-compliance waste(hazardous, regulated medical or special wastes),the Contractor shall notify the Town and dispose of the noncompliance waste in accordance with local, state and Federal regulations. Compensation for such waste disposal services shall be provided for by the Town. 4.0 SCHEDULE OF CUTCHOGUE TRANSFER STATION The Town of Southold Transfer Station is open 7 days a week, except holidays, from 7:00 A.M. to 5:00 P.M. The Transfer Station's business office hours are 8:00 A.M.—4:00 P.M. Monday through Friday. The Transfer Station is closed on the following holidays: New Year's Day Martin Luther King Day Lincoln's Birthday Presidents Day Easter Sunday Memorial Day Independence Day Labor Day Columbus Day Election Day Veterans Day 12:00 Noon day before Thanksgiving Thanksgiving 12:00 Noon day before Christmas Christmas 12:00 Noon day before New Year's Day 5.0 PROGRAM ACTIVITIES 5.1 Contractor Responsibilities The Contractor will be expected to be available to remove materials from the Transfer Station during the following hours: Monday through Sunday 7:00 A.M. to 4:00 P.M., although Sunday removals are generally not expected to be needed unless specifically requested by the Town. The Contractor will be expected to provide sufficient frequency of service so that C&D delivered to the Town Transfer Station can be loaded within 72 hours of its delivery, and SS is loaded upon accumulation at the Transfer Station of not more than 100 cubic yards. The Town is prepared, with adequate prior coordination, to "live load" contractor trailers/containers upon arrival at the Town Transfer Station; alternatively, the contractor may stage transfer containers at the Transfer Station for loading by Transfer Station Staff as needed. All containers shall have covers available,although any empty containers delivered to the Transfer Station for staging shall be left open. 16 THE TOWN WILL CONSIDER ALL TRANSPORT OPTIONS,WITH A PREFERENCE HOWEVER TOWARD THOSE THAT PROPOSE CONTAINERS OF A SIZE LARGE ENOUGH TO HOLD THE STANDARD MAXIMUM WEIGHT ALLOWED BY NEW YORK STATE DOT (80,000 LBS), SUCH AS 100 CUBIC YARD CAPACITY LONG-HAUL TRANSFER TRAILERS. 5.2 Town Responsibilities Town staff will load materials into contractor containers using a front end wheel loader. For staged trailers, after loading, the Town will bring trailers to the Town's truck scales for weighing to prevent overloading and to document haul and disposal tonnages. Town personnel will then cover(tarp) the loads prior to leaving the site. The Town will at all times exercise due caution with regard to loading and/or moving the Contractor's equipment and agrees to notify the Contractor promptly of any damage or unusual occurrence with regard to the equipment while it is under the care and control of the Town. For live-loaded trailers, the contractor will be responsible for ensuring,adequate coverage of the load prior to leaving the Transfer Station facility. 5.2 Routing Mode Contractor will have the right to select the route(s) for travel from the Town of Southold transfer Station to the Destination Site(s). Contractor warrants and guarantees that, in selecting and utilizing such route(s), Contractor will insure that it is not violating any applicable motor vehicle height(overpass clearance),motor vehicle weight restrictions, local ordinances or Interstate Commerce Commission regulations. Contractor will indemnify and hold the Town harmless from any claims, fines and other damages assessed upon or incurred by the Town as a result of any violations of applicable restrictions or regulations relating to the routes traveled by the Contractor. , 5.4 TOWN OF SOUTHOLD ACCIDENT AND DAMAGE POLICY The Contractor and The Town shall be required to prepare an Accident Report for any accidents and/or damage that occur while performing respective duties under the term of the Agreement. Both parties agree to notify the other immediately of any major occurrences such as bodily injury or structural damage to the Town's Transfer Station or the Town's or Contractor's equipment. An Accident Report will be submitted to the appropriate within twenty-four(24)hours containing the date, time, location, and complete description of all incidents: If occurring at the Town's facility, the offending parts or representative/s thereof shall also be recorded and required to sign any accident/damage report prior to departing the Town of Southold Transfer Station. 6.0 NYSDEC PART 360 PERMIT TO OPERATE The Town Of Southold operates the Transfer Station under a New York State Department of Environmental Conservation(NYSDEC)Part 360 Permit to Operate. A copy of NYSDEC Permit is available for viewing at the Transfer Station business office upon request.. 17 7.0 COMPENSATION The Town will compensate the Contractor for materials hauled on a per-trip basis. The Contractor's manifest summary,may be used for billing purposes,but will be compared against the Town's scale receipts before the Town makes payment. In the event of any dispute over differences in net trip counts between the Town and Contractor's records, the Town may make payment upon the trip count it deems to be most correct,until the dispute is reconciled. Any claims for differences must be filed in writing within sixty(60) days of occurrence or the Town's calculation shall be deemed final and binding between the parties. 8.0 SAFETY AND HEALTH REGULATIONS The Contractor shall comply with all current Federal Department of Labor, Safety and Health Regulations under the Occupational Safety and Health Act, 1972 (PL 91-596) and Section 107, Agreement Work Hours and Safety Standards Act(PL 91-54). The Contractor shall comply with all local, state and Federal regulations, laws and statutes which apply to the work and to safety in particular. The Contractor shall comply with New York State Department of Labor current requirements. The Contractor shall be solely and completely responsible for operational safety during performance of the Agreement. The obligation exists twenty-four(24) hours a day, each and every day throughout the term of the Agreement. The Town of Southold shall not have any responsibility for means,methods, sequences of techniques selected by the Contractor for safety precautions and programs, or for any failure to comply with laws, rules,regulations, ordinances, codes or orders applicable to the Contractor furnishing and performing the services under the terms of the Agreement 9.0 CONTACTS The Contractor shall provide the Town with a list of key personnel/staff that will be servicing the account for the contractor,including job title,names and telephone numbers. 10.0 SUPPORTING DATA In the event the Town requires any information in support of its' operations or to meet federal,state, or local reporting requirements, the Contractor agrees to furnish all licenses, permits and inspection reports regarding equipment and disposal sites which may be required by Town, County, State or Federal law within 48 hours of being requested by the Town. In the event the Contractor requires any information in support of its' operations or to meet federal, state, or'local reporting requirements,the Town will provide such information as it applies to Southold Town operations. 18 SECTION C CONTRACTOR BID FORM 19 SECTION C TOWN OF SOUTHOLD MATERIALS HAULING SERVICES CONTRACTOR BID FORM 1.0 GENERAL BID STATEMENT TO: TOWN OF SOUTHOLD STATE OF NEW YORK 53095 MAIN ROAD SOUTHOLD,NEW YORK 11971 Gentlemen: The undersigned Bidder has carefully examined the forms and content of the Bid Solicitation, including notice to bidders,bid bond, sample operating agreement,performance bond, certificates of insurance, general conditions,bid specifications, and addenda,has familiarized itself with the sites of work, and hereby proposes to furnish all necessary services,permits, labor,materials, equipment, vehicles, and tools required to perform and complete the work in strict accordance with all of the bid documents written by or on behalf of the Town of Southold for this project. The undersigned Bidder agrees to abide by all conditions stated, intended, implied both particularly and generally by the terms of this Bid Solicitation, the Agreement to be provided by the Town, and the unit price Bid herein stated. 1. The Undersigned Bidder also agrees as follows: FIRST: If this bid is accepted, to execute the Agreement and furnish to the Town a satisfactory performance bond, and notification of insurance within ten(10) calendar days. SECOND: To begin Materials hauling services operations on the commencement date of any Agreement awarded hereunder. THIRD: To pay the Town any and all damages it may incur as a result of the Contractor's failure to perform all acts necessary to the execution of the Agreement as provided in the Bid Solicitation. FOURTH: During the performance of this Agreement,the Contractor hereby agrees as follows: a. The Contractor shall not discriminate against any employee or applicant for employment because of age,race, creed, color, sex, sexual orientation,marital status, national origin, or physical disability. 20 b. The Contractor shall comply with the provisions of Sections 290 through 301 of the Executive Law, shall furnish all information and reports deemed necessary by the State Commission for Human Rights under these nondiscrimination clauses and such sections of the Executive Law, and shall permit access to his books,records, and accounts by the State Commission for Human Rights, the Attorney General, and the Industrial Commissioner for purposes of investigation to ascertain compliance with these on discrimination clauses and such sections of the Executive Law and Civil Rights Law, c. This Agreement may be forthwith cancelled, terminated, or suspended, in whole or in part,by the Town upon the basis of a finding made by the State Commission for Human Rights that the Contractor has not complied with these nondiscrimination clauses. d. No laborer, workman or mechanic in the employ of the Contractor or subcontractor, shall be permitted or required to work more than eight hours in any one calendar day, or more than five days in any one week except as otherwise provided in Labor Code Section 220. e. The Contractor shall include the provisions of clauses (a)through(e)in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within the-State of New York. FIFTH: By submission of this bid,the Bidder and each person signing on behalf of any Bidder certifies, and in case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury that to the best of his knowledge and belief: a. The-prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition. b. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening. c. No'attempt has been made nor will be made by the Bidder to induce any other person,partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. 2. The undersigned also declares that it has or they have carefully examined the Bid Solicitation requirements and sample operating agreement and that it has or they have personally inspected the actual location of work, together with the local sources of supply,has or have satisfied itself or themselves as to all the quantities and conditions, and waives all rights to claim any misunderstanding, omissions or errors regarding the same which such inspection and observation would have disclosed. 21 3. The undersigned submits herewith a bid guaranty within the form provided by the applicable bid documents in the amount of$5,000.00 (Appendix A) for any option or combination thereof. In the event this proposal is accepted, and the undersigned fails, within ten(10) calendar days after date of receipt of Notice Of Award from the Town to execute and deliver an Agreement in the form provided by the Town or fails to execute and deliver evidence of proper insurance coverage and performance bond in the amounts required and in the prescribed form within ten(10) days after Notice of Award, the bid guaranty shall be forfeited and be retained by the Town toward the satisfaction of liquidated damages and not as a penalty. Otherwise,the total amount of bid guaranty liquidated will be returned to the Bidder. 4. The Bidder has completed the Contract Bid Form and Unit Price Schedules in both words and numerals in accordance with these bid requirements. 22 2.0 UNIT PRICE BID SCHEDULE, MATERIALS HAULING SERVICES, SOUTHOLD TOWN, NEW YORK The undersigned hereby submits the following prices bid to furnish C&D and Single Stream Haul Services,to Southold Town,New York for the term on or about May 18.201$ through on or about May 17 2021 2.1 TASK 1: C&D HAULED TO BROOKHAVEN LF 2.1.1 MODE OF TRANSPORT Please indicate the transportation method(s)proposed for providing services for this task under this Agreement,as follows: Vehicle Type( e.g.,roll-off,tractor-trailer, etc): -r,.C. Container Size(volume): 1 a5 cy 2.1.2 C&D HAUL SERVICES PRICING Year One The Haul Service applicable unit price(i.e.,cost per truckload)for AGREEMENT YEAR ONE (1) (@ May 18,2018—May 17,2019)is (i words) dollars and 40•eA cents'($ as P o��- ).(CDCl) (in numerals) for an estinnated loads(trips)in the AGREEMENT YEAR(CDT1). (#of loads in numcrals) Total Year One C&D Trucking Price(CDCs x CDTi): _g�—I , " (TCDC1) Year Two The Haul Service applicable unit price(i.e.,cost per truckload) pp for AGREEMENT YEAR TWO (2) (@ May 18,2019-- May 17,2020)is (' words)) ' � a ,. dollars and _ 6 cents($ (CDC2) (in numerals) for an estimated loads(trips)in the AGREEMENT YEAR(CDT2). (#of loads in numerals) q Total Year Two C&D Trucking Price(CDC2 x CDT2): ` ©� (TCDC2) 23 ToNm of Southold Bid–Materials Hauling Services 2.1.2 C&D HAUL SERVICES PRICING (cont'd) The Haul Service applicable unit price(i.e.,coer truckload)for OPTION YEAR ONE(1) (@ May 18,202'0—May 17,202 1)is -h v� h cost 4 4,1 five (m words)1 1 dollars and 1cve4j�L-Iwo.cents($ 'T 3 � d d ). (CDC3) (in numerals) for an estimated I9 loads(trips)in the OPTION YEAR(CDT3). (#of loads in numerals) 7/ Total Year Three C&D Trucking Price(CDC3 x CDT3): -713— lv , 3 / • OR _(TCDC3) TASK 1 EVALUATION BID PRICE: TOTAL 2-YEAR COST FOR C&D TRUCKING: (Add Year 1 and Year 2 totals above. Enter here and in AGREEMENT BID PRICE EVALUATION box on page 27): n n (Inwards) p (in numerals) AVERAGE 2-YEAR TRUCKLOAD COST FOR C&D TRUCKING: (TCUCi +TCDC2) 4d) . (CDT1 +CDT2) _ (m numerals) 24 Town of Southold Bid—Materials Hauling Services 2.2 TASK 2: SINGLE STREAM RECYCLABLES TO TOWN OF BROOKHAVEN MRF 2.2.1 MODE OF TRANSPORT Please indicate the transportation method(s)proposed for providing services for this task under this Agreement,as follows: Vehicle Type(e.g.,roll-off,tractor-trailer,etc): rot�4e< Container Size(volume): �J 2.2.2 SINGLE STREAM HAUL SERVICES PRICING Year One The Haul Service applicable unit price(i.e., cost per truckload)for AGREEMENT YEAR ONE(1) (@ May 18,2018-May 17,2019)is 4�,ye, un in words) Dollars and 604411 w 0 cents($ as '�X ). (SSC1) (in numerals) for an estimated Q G . loads(trips)in the AGREEMENT YEAR(SSTI). (#of loads in numerals) (� j Total Year One SS,Trucking Price(SSC1 x SST7): , [ 7 7 f (TSSCi) Year Two The Haul Service applicable unit price(i.e.,cost per truckload)for AGREEMENT YEAR TWO(2) (@ May 18,2019—May 17,2020)is vul q ) f (in words 11 dollars and 1rve�•I.N #`�o cents($ a • d )• ). (SSC2) (m numerals) for an estimated oP q G loads(trips) in the AGREEMENT YEAR(SST2). (#of loads in numerals) ff Total Year Two SS Trucking Price(SSC2 x SST2): a 4 ! 7, b� (TSSC2) 25 Town of Southold Bid—Materials Hauling Services 2.2.2 SINGLE STREAM HAUL SERVICES PRICING (cont'd) The Haul Service applicable unit price(i.e.,cost per truckload)for OPTION YEAR ONE(1) (@ May 18,2020—May 17,2021)is ravel 6/jg I (in words) dollars and �W?4+X ho 6 cents($ �� •a a ,. (SSC3) (in numerals) for an estimated .loads(trips)in the OPTION YEAR(SST3). (#of loads in numerals) Total Year Three SS Trucking Price(SSC3 x SST3): �!1 _ (TSSC3) TASK 2 EVALUATION BID PRICE: TOTAL 2-YEAR COST FOR SS TRUCKING: (Add Year 1 and Year 2 totals above. Enter here and in i AGREEMENT BID PRICE EVALUATION box on page 27): II_ J jloc,,� flfl f� QA (in ods) 64, (in numemLl) AVERAGE 2-YEAR TRUCKLOAD COST FOR SS TRUCKING: 'I'TSSC1+TSSC2) (SSTt+SST2) '(In numerals) 26 Town of Southold Bid—Materials Hauling Services 3.0 AGREEMENT BID PRICE EVALUATION: TASK 1 EVALUATION BID PRICE(C&D): �0 ca 9(in numerals) l TASK 2 EVALUATION BID PRICE(SS): a `t c,, ��j Gr o numerals) TOTAL AGREEMENT COST: ' (in numerals) SIGNATURE BLOCK The undersigned hereby submits the foregoing prices to furnish Materials Hauling Services as described in this solicitation: i a (�0 Old /Udr�� ar� �P t:rn�a k Ay (/;p Bidder: low-wGu � retc- Firm-Co ljor.a,tion Address By: I - IF Signature-Authorized Representative Date TO L7 C4C ISon. Print: Title 27 Town of Southold Bid—Materials Hauling Services SECTION D APPENDICES 28 Town of Southold Bid—Materials Hauling Services APPENDIX A—SUBCONTRACTORS (if annlicable), _ The Bidder hereby states that it proposes,if awarded an Agreement to use following haul subcontractors on this project. Subcontractor/ Contract Trade Individual Address Phone# Specialties 1. - 2: 3. 4. ` 5. Name of Bidder: - By; Date: (Authorized Signature) NOTE; If blank not applicable,fill in with N/A I 29 Town of Southold Bid—Materials Hauling Services. APPENDIX B—FORM.&PERFORMANCE BOND(if-required t Bond No. KNOW ALL MEN BY THESE PRESENTS,that (hereinafter called the"principal') and (hereinafter called the"Surety")are Held and firmly bound t9 the'Town of Southold(hereinafter called the"Owner")in the full and justsumof dollars(TBD)good and lawful money of the United States of r America,for the payment of which sum of money;well and truly to be.made and done,the Principal ; binds himself,his heirs,executors,administrators and assigns and the Surety binds itself,its successors and assigns,jointly and severally,firmly by these presents. ` WHEREAS,the Principal has entered into a certain written Agreement bearing date-on the day of ',,20L ,with the Owner for the Town of Southold construction debris acid recycled newspaperHaul Services,a copy of which'Agreement is annexed to and hereby made part of this bond as though herein set forth in-full. NOW,THEREFORE,the conditions of this obligation are such that if the Principal,his or its representatives or assigns,shall well and faithfully comply with'aiio perform all the teims,covenants and conditions,of said Agreement or his(their,its)part to be kept and performed and all modifications, amendments,additions and alterations thereto that may hereafter be made,according to the true intent > and meaning of said Agreement,and shall fully indemnify and'save harmless the Owner from all cost and damage which it may suffer by reason of failure so to do,.and shall fully reimburse and repay the Owner for all otitlaw and expense which the,Owner may incur in iiiaking good any such default,and shall protect the said Owner against,,and pay any;and all amounts,damages, costs and Judgments which may or shall be recovered dgainst said•Owner or its officers or agents or which the said Owner maybe called upon'to pay to any person.or corporation by reason of anydamages arising or growing out of the doing of said work,or the repair of maintenance-theicof,or the manner df doing the same,or the neglect of the said Principal,or his(their,its)agents or servants or the improper-performance of the said work by the said Principal,or his(their,its)agents or servants,or the infringement'of any patent or patent rights by reason of the use of any materials furnished or work done as aforesaid onotherwise,then this obligation shall be null dnd void,otherwise to remain in full foicd and effect;' Performance Bond Appendix B Page 1 of'2 30 Town of Southold Bid—Materials Hauling Services PROVIDED,HOWEVER,the Surety,for value received hereby stipulates and agrees,if requested to do so by the Owner,fully perform and complete the work mentioned and described in said Agreement,pursuant to the terms,conditions,and covenants thereof,if for any cause the Principal falls or neglects to so fully perform and complete such work and the Surety further agrees to commence such work of completion within ten(10)calendar days after written notice thereof from the Owner and to complete such work withiri ten(10)calendar days from the expiration of the time allowed the Principal in the Agreement the completion thereof;and further PROVIDED,HOWEVER,the Surety,for value received,for itself and its successors and assigns,hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by an extension of time,modification,work to be performed thereunder,or by any payment thereunder before the time required herein,or by any waiver of any provisions thereof,or by any assignment,subletting or other transfer of any work to be performed or any monies due or to become due thereunder; and said Surety does hereby waive notice of any and all of such extensions, modifications,omissions,additions,changes,payments,waivers,assignments,subcontracts and transfers,and hereby expressly stipulates and agrees that any and all things done and omitted to be done by and in relation to assignees,subcontractors,and other transferees shall have the same effect as to said Surety as though done or omitted to be done be or in relation to said Principal. S IN WITNESS WHEREOF,the Principal has hereunto set his(their,its)hand and seal and the Surety has caused this instrument to be signed by its and its corporate seal to be hereunto affixed this day.of 20 Principal (If Corporation add By: Seal and Attestation) Attest: Surety (If Corporation add By: _ Seal and Attestation) Attest: Address of Surety Performance Bond Appendix B Page 2 of 2 31 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold,shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury;non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies,and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury,that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening,directly or indirectly,to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto(if a corporate bidder)is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that FO (4/61/1 of the (Name of signatory) PC�.p�C/t, Ila Be authorized to sign and submit the bid (Name of Corporation) Or proposal of this corporation for the following Project: and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three- d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by P°L'°'-6"'4 orporation at a meeting of the Board of Directors,held on the_ '� day of20 (SEAL OF THE-CORPORATION) Laws of New=York, 1965 Ch.751,Sec. 103-d,=as amended& effective on September 1; 1965: Signature 1 ( the J r I�r MJ /H140 Old Northport Road—Kings Park,NY 11754 ARTel: 631 368-4000—Fax: 631 368—4015 GRC)LJP W www.theketchamgroup.com AKA:POWER CRUSHINC. April 30 2018 Re:Town of Southold Materials Trucking Services Contract Supplemental Information 4.2—i. As of April 30,2018,Power Crush Inc.has acquired all manpower,materials, supplies and mobile equipment necessary to provide the town with all services sought under the agreement. Power Crush Inc.will utilize two of our company owned 125 cubic y d walking floor trailers along with a late model power unit to service this contract. a ler will be left on site to be pre-loaded by the town while the other trailer will b m it.Power Crus Inc.is prepared to supply additional trailers/trucks as the need is 'chae V' side t of ogistics i Ketcham Farm Organics—Ketcham Supply-Ketcham Transport—Ketcham Container- Ketcham Farm-PowerCrush Inc-Recycled Earth Products S%SFFO't�� MENU) =� FEB 1 1 2019 Southold Town Clerk Office of the Town Attorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Mary Silleck Secretary to the Town Attorney Date: February 11, 2019 Subject: Agreement between Town of Southold and Power Crush, Inc. With respect to the above-referenced matter, I am enclosing the original Agreement together with the Resolution. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /ms Enclosures cc: Accounting