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HomeMy WebLinkAboutRecyclable Materials RESOLUTION 2019-124 !+� ADOPTED DOC ID: 14881 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-124 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 29,2019: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Inter-Municipal Agreement with the Town of Smithtown for transfer and disposal of Recyclable Materials from the Town of Southold, subject to the approval of the Town Attorney. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Louisa P. Evans,Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans,Russell �S�FFOL� � RECEIVED � J MAR 1 1 2019 40 � 'v 1 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: March 7, 2019 Subject: MOA between Town of Southold and Town of Smithtown Re: Recyclable Materials 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 i 1 INTERMUNICIPAL AGREEMENT BETWEEN THE TOWN OF SOUTHOLD and THE TOWN OF SMITHTOWN THIS AGREEMENT ("Agreement") made between the Town of Southold, a municipal corporation of the State of New York, having its principal offices at 53095 Route 25, P.O. Box 1179, Southold, New York 11971 (hereinafter " Southold ") and the Town of Smithtown, a municipal corporation of the State of New York,having its principal offices at 99 W. Main Street, Smithtown,New York 11787 (hereinafter "Smithtown")and collectively the "Parties"provides as follows: 1 RECITALS: WHEREAS,municipal corporations in the State of New York,including the Parties herein, are authorized under General Municipal Law§119-o to enter into agreements for the performance among themselves or one for the other,of their respective functions, powers and duties on a cooperative or contract basis; and WHEREAS, Smithtown currently operates a municipal transfer station for Recyclables at 85 Old Northport Road,Kings Park,New York 11754("MSF")and collects,receives or generates Recyclable Materials, as defined herein,that are suitable for processing and marketing; and WHEREAS, Smithtown has ente`re'd into agreements with various contractors pursuant to Town of Smithtown-Bid No. 18-087 for the removal and processing of certain items of curbside recyclable material from the MSF; and WHEREAS, Southold currently collects, receives or generates Recyclable Materials, as defined herein, that are suitable for processing and marketing at the MSF; and WHEREAS, Southold wishes to deliver the Recyclable Materials that it collects ox are collected on its behalf to the MSF for removal and processing of certain items of curbside recyclable material by Town contractors in accordance with the terms and conditions of Bid No. 18-087; and WHEREAS, the cooperative action of Southold and Smithtown is expected to be to the economic benefit of each Party and will serve a public purpose for each Party. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED THE PARTIES AGREE, WARRANT AND COVENANT AS FOLLOWS: 1. Purpose and Intent. The purpose of this Agreement is to set forth the terms and conditions under which Southold will deliver, and Smithtown will accept, Recyclable Materials generated within and collected by, or on behalf of, Southold at the Smithtown Municipal Services Facility located at 85 Old Northport Road, Kings Park, New York ("MSF") for the removal and processing of certain items of curbside recyclable material by various contractors pursuant to Town of Smithtown Bid No. 18-087. c 2. Definitions A. The term"Comin leg d Recvclables with Glass"shall mean ferrous cans,non-ferrous cans,both#1 and#2 plastic bottles and glass bottles and containers. B. The term "Comin leg d Recvclables without Glass" shall mean ferrous cans, non- ferrous cans, and- both #1 and #2 plastic bottles and containers. Comingled recyclables without glass cannot contain more than five percent (5%) glass by weight. C. The term "Dual Stream" shall mean a format in which recyclables are collected at points of generation in which recyclable paper products are kept separate from other acceptable comingled recyclables. D. The term"Facility Delivery Hours"shall mean the regular hours of MSF operation. E. The term "Hazardous Waste" shall have the meaning set forth in 6 NYCRR 371 or any subsequent amendment thereto. F. The term"Municipal Solid Waste" or "MSW" shall have the meaning set forth in 6 NYCR-R 360-1.2(b)(106). G. The term "Non-Conforming Load" shall mean any load which is not in Dual Stream format. H. The term "Recyclable Materials" or "Rec cly abler" shall mean material capable of being removed and processed pursuant Town of Smithtown Bid No. 18-087 under Item 1 Alternate, Item 2A Alternate, Item 2B Alternate, and Item 2C Alternate as set forth in Exhibit A hereto. I. The term "Recyclable Paper Products" shall mean clean unsoiled old corrugated cardboard,newsprint,magazines,office paper,phone books,catalogs,�writing paper and junk mail. J. The term"Single Stream with Glass" shall mean a format in which Recyclables are collected at points of generation,in which all Recyclable Materials,including paper, cardboard,plastic,metal and glass containers etc., are collected together in the same collection container and commingled at delivery to the MSF. Single Stream, with glass format consists of unprocessed Recyclable Materials that shall contain at least forty-five (45%) percent fiber (cardboard and newspaper) by weight, shall not contain more than ten (10%) percent glass by weight and shall not contain more than ten(10%) percent Unacceptable Material. K. The term"Smithtown Municipal Services Facility or MSF" shall mean the municipal waste management facility owned and operated by the Town of Smithtown containing the transfer station, closed landfill, scales, scale house, administration building and other facilities located at 85 Old Northport Road, Kings Park, NY 11754. 'L. The term "Unacceptable Material" shall mean any and all Solid Waste, other than Hazardous Waste,which does not conform to the material requirements ofthe MSF. Examples of Unacceptable Material are set forth in Exhibit A hereto. 3. Term. The base term of this Agreement shall commence on November 20, 2018 and shall expire on May 19, 2019. Upon the expiration of the base term, this Agreement may be extended for one (1)extension term of six(6)months,by mutual agreement of the Parties, in writing,made not less than thirty(30) days prior to the expiration of the base term. 4. Representations and Operations Plan of the Town of Southold. Southold is a unit of local government of the State of New York which provides solid waste and recycling services to its residents. Southold collects or causes to`be collected Recyclable Materials within its borders. Southold is expected to generate, but does not warrant that it will generate, approximately two thousand'eight hundred (2,800) tons of Recyclables per year. The collection and handling practices of Southold for Recyclables shall be described in a Municipal Operations Plan or- Local Solid Waste Management Plan ("LSWMP"), to be provided to Smithtown not less than fifteen(15)days prior to the commencement of deliveries pursuant to this Agreement. The Municipal Operations Plan or LSWMP shall include, but shall not be limited to, a description of both current and planned MSW and Recyclables collection practices, and current and planned handling, staffing and equipment utilized by Southold for the collection of Recyclables. Smithtown shall have the right to negotiate additional provisions to ensure secure delivery to the MSF of all Recyclables subject to this Agreement. Southold represents that it will inform all residents eligible to receive recycling services,from Southold of the Recyclables that are acceptable at the MSF and the examples of Unacceptable Materials set forth in Exhibit A. Southold represents that it has adopted local laws or ordinances requiring the source separation of Recyclable Materials from other solid wastes pursuant to N.Y. General Municipal Law §120--aa. Southold further represents that it will inform, all entities operating within Southold of the type - and form of Recyclables 'that are acceptable at the MSF, and direct them not to commingle Recyclable Materials with MSW or other solid wastes for delivery to the MSF. Southold further represents that on or before January 01, 2019 that it will implement a Dual Stream Recycling program to include collection of Recyclable Paper Products, and Comingled Recyclables without Glass on alternating weeks coinciding with the collection schedule implemented by Smithtown. 5. Representations of the Town of Smithtown. Smithtown is the owner of the MSF located at 85 Old Northport Road, Kings Park, New York. Said facility is operated by Smithtown and is permitted by the New York State Department of Environmental Conservation to'accept Recyclables: Smithtown has entered into agreements with certain contractors for the removal and processing of Recyclable Materials from the MSF in accordance with Town of Smithtown Bid No. 18-087. A copy of the specifications for Town of Smithtown Bid No. 18-087 is attached hereto as Exhibit"D". 6. Delivery and Acceptance of Recyclables. Commencing on November 20, 2018 and continuing throughout the Term hereof, and subject to the terms of this Agreement, Southold agrees, at its sole cost and expense,to deliver, or cause to be delivered to the MSF, all Recyclable Materials generated within, delivered to, and/or collected by or on behalf of Southold. Recyclable Materials shall be delivered consistent with the terms and conditions of Items 1 A Alternate,2A Alternate,2B Alternate,and 2C Alternate of Town of Smithtown Bid No. 18-087. The Parties shall agree upon a schedule for deliveries, taking into account the collection practices of Southold and the processing and storage capacity of the Smithtown Transfer Station.The Parties project that the amount of Recyclable Materials delivered hereunder by Southold will be approximately twenty-eight hundred (2,800) tons per year,- provided, ear;provided,however,that nothing herein shall constitute a warranty by Southold that any minimum or maximum quantity shall be delivered or caused to be delivered. 7. Payment for Recyclables. A. Southold shall pay to Smithtown a handling fee of Five Dollars ($5) for each ton of Recyclable Material delivered by Southold to the Smithtown MSF. B. Southold shall pay to Smithtown a fee of eighty-two dollars ($82)per ton for each ton of single stream recyclables with glass delivered to the MSF pursuant to this Agreement. C. Southold shall pay to Smithtown a fee of eighty dollars ($80) per ton for each ton of comingled recyclables with glass delivered to the MSF pursuant to this Agreement. D. Southold shall pay to Smithtown a fee of sixty-eight dollars ($68)per ton for each ton of comingled recyclables without glass delivered to the MSF pursuant to this Agreement. E. Southold shall receive from Smithtown a credit of thirty dollars ($30) per ton of recyclable paper products delivered to the MSF pursuant to this Agreement. F. All billing and credits shall be based upon weights recorded at the Smithtown MSF scale. Smithtown may rely on the posted tare weights of delivery vehicles rather than exit weighing, but may check such tare weight by occasionally weighing or reweighing such vehicles upon exit from the MSF. G. Smithtown shall provide and maintain truck scales and associated weighing and recording equipment, calibrated to the degree of accuracy required by the laws of the State of New York, and shall maintain daily records, by truck, of the tonnages received. H. On or before the 10th day of the calendar month following any calendar month in which deliveries'are made,. Smithtown shall bill Southold for the total tonnage delivered and the amounts then due and owing. I. Southold shall make full payment to Smithtown within thirty,(30) days of receipt of said bill. , y s 8. Transportation. Transportation of all Recyclable Materials delivered to the Smithtown Transfer Station pursuant to this Agreement shall be provided by Southold at its sole cost and expense. Southold shall provide Smithtown with a list of all vehicles owned or hired by Southold that are authorized to transport material pursuant to this Agreement,together with the identification and registration numbers of all such authorized vehicles, and shall promptly notify Smithtown of any change in any'such list. The identification and registration numbers of each vehicle making deliveries hereunder shall be prominently displayed and permanently affixed to each vehicle. All vehicles shall weigh in and out at the MSF scales. All drivers shall be appropriately licensed, all vehicles shall be properly registered and insured pursuant to law, and all drivers shall abide by the traffic rules and controls annexed hereto as Exhibit C. 9. Rejection Rights. During the Term hereof, Smithtown may reject deliveries made by Southold if such deliveries: A. Are made at a time other than during the agreed upon Facility Delivery Hours, or are made in unauthorized vehicles. In such event, the Parties shall use their best efforts to reschedule the delivery of such material as soon as possible. B. Contain substantial quantities of Unacceptable Material, are considered a Non- Conforming Load, and/or contain any quantity of Hazardous Waste or medical waste, or otherwise fail to meet the requirements of applicable law permit or registration governing the MSF. In exercising its rejection rights pursuant to this provision, Smithtown may,where practicable and in its sole discretion,accept the portions of such deliveries that are not Unacceptable Material, Hazardous Waste or other unauthorized material. In exercising any rejection rights, Smithtown shall make a reasonable effort to contact Southold prior to any material separation with the understanding by Southold that due to the operations of the Smithtown Transfer Station, it may not always be possible and/or practicable for Smithtown to notify Southold prior to any material separation. C. In the event that a delivery is rejected pursuant to sub-paragraph B above, the following procedure shall apply. i. If cause for rejection shall be determined upon inspection of the delivery before the load is discharged to the tipping floor, the driver shall secure the load and remove it from the MSF for proper disposal by Southold. ii. If cause for rejection shall be determined upon inspection of the delivery after the load is discharged to the tipping floor, the driver of Southold's vehicle shall be afforded the option of re-loading the Unacceptable Material into Southold's vehicle for proper disposal by Southold, or Smithtown shall arrange the proper disposal of the Unacceptable Material. In the event that Smithtown assumes responsibility for disposal of Unacceptable Material, Southold shall be responsible for all costs and expenses incurred by Smithtown for the lawful removal and disposal of such material, and said costs shall be reimbursed by Southold within thirty (30) days. 10. Summary of Delivered Materials. Smithtown agrees to provide Southold with monthly summaries of Recyclables delivered to the Smithtown MSF pursuant to this Agreement using Smithtown weigh scale transaction tickets. 11. Facility Hours. The Smithtown Transfer Station will be open for receipt of Southold's Recyclables on Monday, Tuesday, Thursday and Friday during the Facility Delivery Hours with the exception of legal holidays. Smithtown may, from time to time,modify the hours of operation or holiday schedule, but in such event, shall provide at•least ten(10) days notice to Southold. In the event Southold wishes to access the Smithtown Transfer Station beyond the normal hours of operation, Smithtown reserves the right to assess any overtime costs incurred by Smithtown to Southold. 12. Obligations for Unacceptable Material. In the event that Smithtown determines that Southold has delivered substantial amounts of Unacceptable Materials with its deliveries of Recyclable Materials, Smithtown shall give notice of such determination to Southold. In such event, Southold may: i) acknowledge the delivery of excessive quantities of Unacceptable Materials and promptly advise Smithtown of corrective measures it will take to control the amount of Unacceptable Materials collected with its Recyclable Materials, or ii) request that Smithtown perform an analysis pursuant to the protocol set forth in Exhibit B hereto, to determine the nature and amount of Unacceptable Material contained in one or more regular loads of Recyclable Materials. A representative of Southold may be present at such analysis. In the event that the fraction of Unacceptable Material constitutes more than five percent (5%) of the load, Southold shall promptly undertake corrective measures to reduce and control the amount of Unacceptable Materials collected with its Recyclable Materials and the costs of the analysis incurred by Smithtown shall be reimbursed by Southold within thirty(30) days. If the corrective measures implemented by Southold do not result in a reduction of Unacceptable Material in Southold's Recyclable Materials to less than five percent (5%)within thirty (30) days, Smithtown may direct that an analysis be conducted pursuant to the protocol in Exhibit B, and if the quantity of Unacceptable Material exceeds five percent(5%) of the material analyzed, Smithtown may terminate this Agreement for cause and, in addition to any and all other remedies available, the costs of the analysis incurred by Smithtown shall be reimbursed by Southold within thirty (30) days. 13. Obligations for Hazardous Waste. In the event that Hazardous Wastes or medical wastes are delivered by Southold, Southold shall be responsible for all costs and expenses incurred by Smithtown for the lawful removal and disposal of such material, and for all remedial costs arising from said delivery. 14. Obligations for Non-Conformin Lam. In the event that Smithtown determines that Southold has delivered and/or caused to be delivered to the Smithtown Transfer Station any load that is determined to be a Non- Conforming Load, in addition to any other remedies which may be available, Southold shall make payment to Smithtown in the amount of Sixty-Five Dollars ($65) per ton for the Non- Conforming Load. 15. Insurance. Each party hereto shall proceed on a self-insured basis,provided however,that all delivery vehicles shall be insured as required by law. 16. Indemni a. Southold shall defend,indemnify and save harmless Smithtown from and against all losses, and all claims, demands, payments, suits, actions, recoveries, judgments, costs and expenses including without limitation attorney's fees in connection therewith, of every nature, including but not limited to claims for property damage, bodily injury, or death, by any third party and by or on behalf of Southold's contractors, agents, servants or employees, arising out of or in connection with performance of this Agreement and caused, in whole or in part, by Southold, its agents, servants or employees. b. Smithtown shall indemnify and save harmless Southold from and against all losses, and all claims, demands, payments, suits, actions, recoveries,judgments, costs and- expenses including without limitation attorney's in connection therewith, of every nature, including but not limited to claims for property damage, bodily injury, or death, by any third party and by or on behalf of Smithtown's contractors, agents, servants or employees arising out of or in connection with performance of this Agreement and caused, in whole or in part, by Smithtown, its agents, servants or employees. 17. Termination. Either Party shall have the right to terminate this Agreement upon thirty (30) days written notice to the other Party. It is expressly understood and agreed that any and all claims and obligations for payment of costs and expenses incurred under this Agreement prior to termination under this paragraph shall survive such termination. 18. Dispute Resolution. In the event of any dispute under this Agreement, either party shall serve written notice to the other of the existence and nature of the dispute, the amount at issue, if any, and the provision of this agreement governing the dispute. The parties shall negotiate the dispute in good faith until either party advises the other, in writing, that an impasse exists. Thereafter, the exclusive means to resolve any dispute between the parties that arises out of this Agreement shall be through an action initiated in New York State Supreme Court, Suffolk County. Unless otherwise agreed in writing by the Parties,the Parties shall continue to perform their respective obligations under this Agreement during any Dispute proceeding. 19. Contact Persons. The contact persons for the parties to this Agreement shall be the following contact persons at the following addresses: Town of Southold: Solid Waste;Coordinator 6155 Cox Lane P.O. Box 962 Cutchogue,New York 11935 Phone: (631) 734-7685 i Town of Smithtown: Environmental Protection Director Town of Smithtown 124 W. Main Street Smithtown,New York 11787 Phone: (631) 360-7514 20. Compliance. Both Smithtown and Southold shall comply with all Federal,State and Local laws,rules, regulations, codes and .ordinances in the performance of this Agreement and shall obtain and comply with any and all permits, approvals and renewals thereof which are required to be obtained in the legal performance of this Agreement. 21. Invalidity of Particular Provisions. If any term of this Agreement or the application thereof to any person or circumstances shall to any extent be�i invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which . it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall b&valid and be.enforced to the fullest extent permitted by law. 22. No Assignment.,' Neither Smithtown nor Southold shall assign,transfer, convey, sublet or otherwise dispose of this Agreement,or any of its right,title or interest therein,or its power to execute this Agreement to any other person or"Corporation, except for the purposes described herein, without the prior written consent of the other, and any attempt to do any of the foregoing without such consent shall be of no effect. i 23. No Modification. No modification of this Agreement shall be valid unless written in the form of an Addendum or Amendment signed by all parties. 24. Uncontrollable Circumstances. Neither Smithtown nor Southold shall be liable for failure to fulfill their responsibilities as provided for in this Agreement, nor for any resultant damages or financial loses if such failure is caused by a catastrophe, riot, war, governmental order or regulation (other- than by or of Smithtown), act of God or other similar event beyond the reasonable control of Smithtown or Southold. If such failure persists for at least thirty (30) days, or if after cessation of such failure, either Smithtown or Southold is unable to render full or substantially full performance,either party may terminate this Agreement upon written notice given thirty (30) days in advance of such termination. 25. Change in Law. Any change in law-after the effective date of this Agreement that would increase the cost of accepting the Recyclable Material at the MSF or the cost of removal and processing of said material from the MSF'shall be the responsibility of Southold and Southold shall make payment to Smithtown in the amount of any such cost and/or such costs. 26. Provisions Required by Law. All provisions as required by law are hereby deemed inserted. The Parties agree that nothing in this Agreement shall be construed so as to interfere with or diminish any municipal powers or authority of either party. 27. Non-Waiver. - No waiver by any Party to this Agreement of any failure or refusal by the other Party to comply with its obligations shall be deemed a waiver of any other or subsequent failure or refusal to so comply. No waiver by either Party of any right or remedy hereunder shall be valid unless the same shall be in writing and signed by the Party giving such waiver. No waiver by either Party with respect to any default, misrepresentation, or breach of warranty or covenant hereunder shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. 28. Entire Agreement. { It is expressly agreed that this instrument represents the entire agreement of the Parties and that all previous Agreements or ,understandings related to the disposal and processing or Recyclable Materials shall be superseded and replaced by this Agreement. [The remainder of this page is intentionally left blank] I F n AA ? IN WITNESS WHEREOF, the parties have duly caused this Agreement to be executed and delivered by their duly authorized-representatives on the day and year below written. Dated: 4%etruq..A (9� 5201 TOWN OF SOUTHOLD Scott A. Russell, Town Supervisor �y Dated:�u 0 , 20,W TOWN OF SMITHTOWN oe STATE OF NEW YORK) 'n'�n nn&s T. Mcco",A y� bcpu+y I7b wn s���✓�Zv_,r SS: COUNTY OF SUFFOLK) �- On the( '' day of 201X, before,me personally came Scott A. Russell,tome known, who, being by me duly sworn, did depose and say that he is the Supervisor of the TOWN OF SOUTHOLD, the municipal corporation described in and which executed the foregoing instrument;that he signed his name thereto by order of the Town Board of the Town of Southold. Notary Public LAUREN M. STANDISH Notary Public, State of New York STATE OF NEW YORK) No. 01 ST6164008 Qualified in Suffolk County SS: Commission Expires April 9,2019 COUNTY OF SUFFOLK) �✓. 19 C A,&s J C On the day of 20W, before me personally came • De 4+y , to me known,who, being by me duly sworn, did depose and say that he is theupervisor of the TOWN OF SMITHTOWN, the municipal corporation described in and which executed the foregoing instrument: that he/she signed his name thereto by order of the Town Board of the Town of Smithtown. Notary Pu is BRONWYN MERHIGE NOTARY PUBLIC,STATE OF NEW YORK Registration No.01ME6121303 Qualified in Suffolk County Commission Expires January 10,2021 EXHIBIT A- 1 , I. List of Single ;Stream with Glass Recyclable Materials that are Acceptable at the Smithtown MSF. • Aluminum: Can's, beverage and food containers, foil, and pie pans. • Books: Hardbound, paperback and text books: • Cardboard: Paperboard boxes corrugated boxes, egg containers, food boxes (including cereal boxes and pizza boxes), frozen food packaging, mailing boxes and shoe boxes. Plastic or Styrofoam packaging material from inside the boxes is not acceptable. Glass containers: Bottles and jars'(brown, clear or green) used for food, liquids, beverages, soda, and water. • Mail: Mail (junk mail, catalogs, cards,magazines, etc.) and envelopes. • Metal: All types of metal including beverage and food containers, aluminum, tin, steel, iron, etc. • Paper: All colors and types of unwaxed paper including catalogs, folders, junk mail, magazines, mixed, paper, newspaper (all types), non-metallic wrapping paper, office papers,printer paper, school papers,and shredded,paper ., • Plastic containers (#1 - 7): Bottles and jars. detergent/bleach bottles, juice bottles, milk jugs, soda bottles, water bottles, wide-mouthed containers such as cottage cheese, margarine, mayonnaise, sour cream and yogurt containers, drinking cups and prescription bottles including lids and caps. • Rigid Plastics -'Rigid plastics which include milk/soda crates, buckets, laundry baskets, plastic lawn furniture,plastic drums,coolers,plastic flower pots,watering cans,large water bottles, pallets,l pet carriers, shelving, closet organizers and unwanted garbage cans (empty). 0 Spray cans: All empty aerosol cans. • Tin: Cans and foil. ; • Waxed cartons used for liquids such as juices,milk or soups. II. List of Examples of Unacceptable Materials at the MSF includes but is not limited to: • ' ,Anti-freeze Containers • Batteries • Cat litter • Ceramics 0 Chemicals or household hazardous waste.No bottles or cans of oil,pesticides, gasoline or chemicals. • Coat Hangers 1 • Contaminated paper products. No used napkins, paper towels, waxed paper, paper plates or tissue. { • Drinking Glasses • Dry cleaning bags 0 Food waste • Garbage • Glass (window and mirror) • Hazardous Waste • Hoses • Household Items (such as batteries, cat litter, drinking glasses, food waste or-garbage) • Light bulbs • Medical Waste • Mirrors • Needles/syringes/sharp items • Paint and paint cans • Plates (plastic or ceramic) • Plastic bags including shopping and grocery bags and newspaper covers. Please note that most grocery stores collect bags for recycling. • Plastic utensils • Plastic Containers with"no#at all • Styrofoam and Styrofoam packaging material • Styrofoam carry out or deli food containers • Waxed paper • Window or Auto Glass • Yard waste III. List of Acceptable Dual Stream Recyclables' • Clean Ferrous and Non-ferrous (aluminum, steel and tin): cans, foil wrap,pie pans, etc. • Clean Plastic Bottles (#'s 1 &2 Only): milk, water, detergent bottles, etc. • Clean Unsoiled Corrugated Cardboard: shipping containers without any plastic packing material. • Clean Newsprint • Clean Magazines • Clean Catalogs,Junk Mail, Office Paper and Writing Paper . i Y , EXHIBIT B Protocol for Content Analysis of Recyclable Materials 1. This protocol for the analysis of the content of Recyclable Materials delivered by Southold to the Smithtown MSF shall be employed by the parties when invoked pursuant to the provisions of paragraph 12, or as otherwise agreed by the parties. 2. The subject material for employment of this protocol' shall be one or more truckloads of material delivered as Recyclable Material by Southold in a single week (The Subject Loads). 3. Upon delivery to the MSF,the Subject Load(s) shall be segregated for analysis at a mutually agreed upon time. 4. The segregated load(s) shall be placed or installed by Smithtown in temporary containers. 5. The Facility Operator shall separate the subject load(s) into acceptable and unacceptable components. 6. At the conclusion of processing,the Facility Operator shall collect the,recovered acceptable materials and/or the reject and residual Unacceptable Materials derived from processing, and shall weigh each such category of material. Portable scales may be used for this purpose. The Facility Operator shall prepare a written report of the results of such processing and weighing,`and shall identify the quantities of each class of materials present in the Subject Loads. 7. Representatives of Southold and Smithtown may be present at all such processing and weighing. r EXHIBIT C Haulers'Rules Scale House: 1. Driver shall approach scales SLOWLY. 2. Driver shall report to scale house operator and identify origin and material type (e.g., Clean Newspaper and Cardboard Material. 3. Weigh inbound. 4. Weigh outbound and pick up scale ticket. Tip Floor Rules: 1. Wait for operator's OK to enter tip floor for dumping. 2. All required OSHA safety gear shall be worn when driver and/or helper exits the cab. Yard Rules: •1. Driver shall maintain speeds while traveling within the MSF. Driver shall obey all posted speed limits. 2. Driver shall not allow litter to be discharged from the body or cab. 3. Driver shall'not loiter in the yard. EXHIBIT D Town of Smithtown Bid No. 18-087 Specification tau #t TOWN OIC =SMIyI HTOWN (631)360-763f SUPERVISOR FAX(631)360-7661 EDWARD R.WEHRHEIM EMAIL - TOWN COUNCIL PUR0HA6I4*tdSd COM THOMAS J.MCCARTHY LYNNE C.NOWICK PURCHASING DEPARTMENT LISA INZERILLO �- THOMAS W.LOHMANN November 5,2018 I BI17:,18-487 FOR'Removal&Processing of Curbside Recyclable Material from MSF' Addendum #1 Dear Sir or Madam. Our records indicate that YOU received'a'bidPac '"'e'for'ihe-above referenced' procurement. Item 1:ADDITION:The Town is seeking alternate quotations for an increased volume of certain items that may be brought to our facility from neighboring municipalities. Please refer to the Alternate Quotation Sheets-for items 1A;1B,2A,2B and 2C. - All other terms and conditions remain unchanged. It is important that this addendum is made part of your bid package: Please be suie to enclose a signed copy of this addendum with_ your bid submission. i This is to certify that we have the above changes and incorporated them into our bid package. Company Name: i Si Date. - I TOWN HALL ANNEX 65 MAPLE AVENUE • SMITHTOWN,NEW YORK 11787 www.smithtownny.gov sk-7C(0d pWw I i QUOTATION Procurement Identification Number 18-087 I Company Name CATEGORY 1 -Unprocessed Curbside Single Stream Recycls bles - i 1 ALTERNATE 1 (A): Unprocessed Curbside Single Stream Recyclables including GLASS Loaded by the Town into the selected contractor's trailers, containers or vehicles or delivered by the Town to the contractor's permitted facility.The contractor must accept I full title and possession of the materials upon receipt, and process and market them in a lawful manner. Estimated annual volume generated:45,300 tons. i This will include a mixture of the same mixture of items stated In the original bid with an increased tonnage estimates due to materials brought to our facility from nelghboring municipalitles. s These materials may contain up to 5%contaminants by weight. a Price-per ton,,picked up fron9-85 Old Northport Road,Kings Park for $ November- 2018 3 The above price will be paid [ ] Paid to the Town by the bidder (C eck on® - Paid to the Bidder by the Town Alternate Price per ton for the Town to deliver material to the bidder's $ permitted facility Indicate the location of this permitted facility 9 3 1 The above price will be paid [ ] Paid to the Town by the bidder Check one) Paid to the Bidder by the Town i Indicate proposed price adjustment index to be used (monthly) i t i r i n I i I I I i QUOTATION procurement Identification Number 18-087 I Company Name 1 (B): Unprocessed Curbside Single Stream Recyclables excludingGLASS ALTERNATE Loaded by the Town into the selected,contractor's trailers, containers or vehicles or delivered by'the`Town to the contractor's permitted-facility..The contractor must accept full title and possession of the materials upon receipt, and process and market them in a i lawful manner. { Estimated annual volume generated:v37,150 tons. This will Include a mixture of the-samemixture of items stated in the original bid with,an,increased-tonnage estimates,due;to:materials brought to our f�icility from neighboring munlcipaildes. i These materials may contain up to 5% contaminants by weight. _ I Price per ton,picked up from 85 Old j Northport•Road-Kirigs_Park;for- November,-2018 The above price will be paid [ ].;Paid.to the Town by the Bidder Check one Paid to the Bidder by the Tow_n Altemate Price per ton for the Town to deliver material to the bidder's $ _ 2 rmitted-facillty Indicate the location of this permitted facility i The above price will be paid ( ] Paid to the Town by the bidder Check one Paid to the Bidder by the Town Indicate proposed price adjustanent Index to be used (monthly) 3 9 A 3 • 3 s r v R S r } F 3 QUOTATION F Procurement Identification Number 15-08 Company Name CATEGORY 2: Unprocessed Curbside Dual Stream Recyclables ALTERNATE } F 3 Loaded by the Town into the selected contractor's trailers, containers or vehicles or delivered by the Town to the contractor's,permitted facility:The contractor must accept 'full,title and possession of the materials upon receipt, and process and market them in a s lawful manner. F f ITEM 2(A): Newspaper and Cardboard t Estimated annual volume generated:' 29,000 tons. This will'inclride a mixture-'61'the dame mixture of items stated in the original bid i with an increws®d'tmnnage estimates-due to materials brought to our facility-from neighboring municipalities. 3 These materials may contain up to 5%contaminants by weight. a - E : Price per ton, picked up from 85 Old Northport Road Kings Park for $ November, 2018 ! The above price will be paid [ ) Paid to the Town-by the bidder, - Check one _ Paid to the Bidder by the Town' 1 i Aiternate•Pric®per ton for the Town to dellver.materlal to the,bidddes $ I permitted facility Indicate the location of this permitted facility i I The above price will be paid [ ) Paid to the Town by the bidder j Check one Paid to the Bidder!?y the Town Indicate proposed price adjustment index to be used (monthly) i i i i t g7 f QUOTATION Procurement Identification Number 18.087 Company Name a ITEM 2(B): Metal, Plastic and Glass Estimated annual volume generated:'15.006 tons. ALTERNATE This will Include a mixture of the same mixture of items stated In the original bid with an Increased'tonnage®6tIfnkb due_tc�mafiarials brought to-o4 facility,from neighboring munidipelitles. These materials may contain up to 5%contaminants by weight: 3 Price per ton,picked up from 85 Old Northport Road Kings Park for $ November, 2018 - The above price will be paid- - [ ] Paid to the Town by'the bidder Check one Paid-to the Bidder by the T®_wn Alternate Price per ton for the Town to deliver-material-to the-bidder's - f permitted facility Indicate the-location of this permitted'facility The above price will be paid [ ] Paid to the Town by the bidder Check-one' Paid to the Bidder by the Town i J s Indicate proposed price adjustment-index to be used(monthly) a • a e a g 3 a �y i i I i QUOTATION # i Pmeurement Identification Number 18-087 I . S Company Name i ITEM 2(C): Metal and Plastic only- Estimated annual volume generated:8,500 tons. i ALTERNATE, i t This will include a mixture of the same mixture of items stated In the original bid with an Increased tonnage estimates due to materials.brought to out facility,from neighboring municipalities. These materials may contain up to 5%contaminants by weight. a 3 Price per ton,picked up from 85 Old Northport Road icings Park for $ November, 2018 a The above price will be paid [ ] Paid to the Town by the bidder Check one Paid to the Bidder by the Town Alternate Price per ton for the Town to deliver material to the bidder's S 9 permitted facility - - Indicate the location of this permitted facility The above price will be paid [ ] Paid to the Town by the bidder Check one Paid to the Bidder by the Town Indicate proposed price adjustment index to be used(monthly) j 4 d e i 1 - i Y Z 4 3 5 J PUBLIC NOTICE, .'-" _ NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, that sealed proposals for Removal and Processing of Curbside Recyclable Material-will-be received at-the Office-of the,T--owa Clerk, Town Hall-Patrick R Vecchio Building,99 West Main Street, Smithtown,New York 11787-0646 until 11:00 A.M.,on November 8:2018 at which tirne-and`place they will-be publiclyopened'and'read: Specifications may be obtained on or after November 1:2018 from the Office of the Town Clerk at the above address Monday through Friday, 9:00 A.M.to 4:00 P.M.. Bids should be submitted in a sealed envelope,designated Bid-#18-087-Processing and Removal { of Curbside Recyclable Materials from 85 Old Northport Road,Kings Park,NY. The Town of Smithtown reserves the right to reject-any and`all bids. Ail'bids must be submitted intact. Do not remove any pages. Non Collusive Bidding Certificate and Disclosure Statements 1 must accompany each-bid: The Town of Smithtown encourages minority and women owned businesses to.participate,in all bids., Dated: October 25,,2,018 ' w j - i a . f j i 1 f t i f BID: 18-087 page 1 of 37 Town of Smithtown Purchasing Department Phone:(631)360-7631 numhasin`Rsmithtownny gov Fax:(631)360-7681 Bidder's Name Address - ,- ^. - . -- �, -- -• City State Zip Phone# Fax# E-Mail Date Federal Tax ID#or Social Security# Check one: [ ]Corporation [ ] Partnership [ ] Individual _ In compliance with your advertisement for bids and subject to all conditions thereof;the undersigned hereby accepts all the terms and conditions pertaining to such bid and 1 proposes to furnish the items and/or services itemized in this proposal in accordance with the Specifications attached hereto. Bidder certifies that the prices quoted herein do not include Federal Tax or any New York State or New York City Sales Tax; and that the Bidder covers all shipping and F freight charges to any Municipal building or site within the Town of Smithtown. I depose and state that I have knowledge of the matters herein stated and they are in all respects true and that I have been authorized to execute the foregoing bid on behalf of said corporation, partnership or firm. ! i Signature Printed Name Title State of New York,County of Suffolk) On the day ,of in the year ' before me, the 9 undersigned, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hedtheir,capacity(ies), and that by his/her/their signatdre(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public Commission Expires ,20_ www.smithtownny.aov l - 33 d i BID: 18-087 page 2 of 37 8 NON-COLLUSION BIDDING-CERTIFICATION For,lhdividual 60 partnership (Corporations are to completet6 dertifiaatiUn-on the following page)` , By submission.-of this bid.or•proposa_I;..,the bidderrtand.each:person-signing on behalf of the bidder certifies that: (A) This bid or proposal has been independently arrived at without collusion,, consultation; communication, or agreemeht,Jor the.purpose of restricting competition,.with, arty,other-,bidder,,-or-with .any competitor or potential competitor; (B). This'bid,_or proposals-�hisJ riot been-knowingly-,'-disclosed and will not be `,knowingly disclosed;=priorto-the.opening of-bids or.proposals for this project; directly or-indirectly,,,=-to..any.,other bidder,-competitor or potential competitor; (C) No, attempt .has been:•or will be made; to.�ind"uce any other person, partnership or,corporation.to-submit or not-to submit a,bid or proposal; - (D) The,person signing this bid or proposal certifies that he is fully informed regarding the accuracy of the statementscontained in,this certification, I and under,.tl e.penalties of pedury-,affirms-.the truth thereof, such penalties i being.applicatife toafiabidde�;as well_astoahe,person;signing in its betiatf. ti By Individual signature I Title(if partnership) i 9 Witnessed by Individual signature . I i Address 9 r a BID: 18-087 page 3 of 37 CORPORATE NON-COLLUSION BIDDING CERTIFICATION By submission.of,this.bid:or proposal,.the&ddeI certifies that: (A) This bid or proposal has been independently arrived at without collusion with any other bidder or with any competitor or potential competitor; { (B), This bid or -not been .knowingly disclosed.and _will not be knowingly disclosed prior to the opening of bids of `proposals-for this project to any other bidder, competitor or potential competitor; -(C) , --No.attempt .has been or will be� made; to induce any other person, ,partnership or-corporation;to-submit or not to sutimit.a,bid proposal; 1 (D) The person signing this bid or proposal certifies,that he is fully informed regardingJh&,,accuracy--of,the,statements contained in this,certification, and under• penalties`of perjury, afin»s the truth.thereof, such penalties being applicable_tolhe bidder as well,as:to the person signing on, its I behalf; (E) That attached hereto is a- certified copy-of a resolution,authorizing the execution -of-'this certificate-by the-signator,of`this bid or proposal on behalf of the corporate bidder. I RESOLVED that' �of ' 4 (individual's'name) n (Name_of corporation) is authorized to-sign and submit the bid-or proposal of this corporation and to include in such bid or proposal the certificate as to non-collusion required by Section 103d of the General Municipal Law as the act and deed of such corporation, and for any E inaccuracies or misstatements in such certificate this corporate bidder shall be liable under penalties of perjury. s The foregoing'is a true and correct copy of the resolution adopted by at a meeting of its 3 (Name of corporation) Board of Directors on the day of , 20 Authorized signature (Corporate seal) i 9 i \ 8 ' 3 d 1 _ 9 7 BID: 18-087 page 4 of 37 PUBLIC DISCLOSURE STATEMENT REQUIREMENTS Tc be considered'nesponsive•to this Bid and togreceive an.awanf the attached public Disclosure Statement must be completed and returne4*li i thea Bid at the'time..the Bids are opened. i 1. List the names and addresses of all shareholders who hold an actual or beneficial-interest'in five percent'(5%) or more of the outstanding stock issued by,the contractor or vendor,.including the names,and,addresses of officers and director of corporate shareholders. 9 E3 I - i • i -2. List the names and,addresses oUany-other contractor, vendor or person who has, holds or may derive'any actual'or beneficial percentage of 5% or more of an-interest in any other-form"of ownership (other than stock ownership) of the ; contractoNvendon' i a 9 3. Table of Organization a. List names and addresses of all individuals serving on -the Board of Directors or comparable body of the contractor or vendor. . I f # l _ I l l BID:18-087 page 5 of 37 b. List the name and addresses of all corporate officers of the contractor or vendor. (Include title,of officer). C. List the names and addresses of all counsel of the contractor or vendor. 4. The bidder is not in arrears to any governmental jurisdiction within the Sate of New York upon debt, contract or taxes; has not been declared,not responsible or disqualified from bidding by any governmental jurisdiction within the State of New York, nor is any proceeding pending relating to the responsibility or qualifications of the bidder to receive any public contracts. [ ] I affirm that the above is true [ ]I cannot affirm for the following reasons: 5. List any other business name or d/b/a and the address for each such company Bidder or Contractor uses or has used in the past five (5) years other than what is listed herein. 6. Within the past five (5) years the bidder has not been the subject of a contract suspension or termination for cause prior to the completion of the term of a contract or lease with any governmental entity or civil action or administrative proceeding seeking specific performance or restitution in connection with any contract or lease with any such entity. r . BID:18-087 page 6 of 37 . I i { }I affirm that the above is true { }I cannot affirm for the following reasons: j 7. Within the past five:(5)`.years,­the.-bidder, principal(s); owner(s),,officer(s); and holder(s).offive,;percentt(5°Io)::ot more;of,the,ou%tanding'stock has,not,been the subject, of an °indictment;w,judgment 'or conviction, fore any, business related conduct constituting a crime involving- he,�offense(s) ",of, extortion;. coercion, " bribery, theft, fraud, sabotage, collusive bidding/bid rigging, conspiracy and/or attempts.of'any of these.offense(s).t G { }I affirm that the above''is`true : {:}I,-cannot affirm-for the following reasons: 8. VERIFICATION ! f This section must be signed by an officer of principal of the contractor or vendor authorised as` a_ signatory of„ the ",company for the purpose, of executing contracts. The undersigned affirms that'the., foregoing statements are true, under penalties of perjury,. µ Signed Print Name ! - l Title i Date ! I I ' 1 i i BID:18-087 page 7 of 37 IRAN ENERGY SECTOR DIVESTMENT CERTIFICATION PURSUANT TO NEW YORK j STATE GENERAL MUNICIPAL LAW SECTION 103-G The.Iran Divestment Act of 2012, effective as of April 12, 2012, is codified at State Finance Law("SFU') §165-a and General Municipal Law("GML") §103-g, The Iran Divestment Act, with:certain. exceptions;_,pmhibits:municipalities;•includuig the Town••of Smithtown, from entering into contractswith,persons.engaged•in investment activities,in the energy,,sector of Iran. - Pursuant,to:the terms set forth in-SFL§165-a and-GML'§103-g,:a person engages in investment activities in the:energy•sector of Iran if (a) the person provides goods or services of twenty million.dollars or more in the energy 3 sector of Iran,including a person that provides oil or-liquefied natural gas tankers,or products,'used to construct-or,maintain pipelines-used to-transportoil or liquefied natural gas,for the energy sector of Iran;or j (b) The person is a financial institution that extends twenty million dollars or more in ; credit to another person,for forty-five days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on a list created pursuant to paragraph(b) of subdivision three of Section 165-a of the State Finance Law and maintained by the Commissioner of the Office of General Services. ' i i A bid or proposal shall not be considered'fWawaid nor shall any,award lie made where the 3 bidder or proposer fails to submit-a'sigded-and veraified;bdder's certification:'Each bidder or 3 proposer must certify that it is not on'the list-of entities engaged in investinent activities in Iran created-pursuant to paragraph (b) of subdivision 3-of Section=165-a of=the State-Finance Law. The statement of non-investment in the Iranian energy sector may be submitted electronically in accordance with the provisions of GML§103. In any case where the bidder or proposer cannot I certify that they are not on such list,the bidder or proposer shall-so state and shall famish with the bid or proposal a signed statement which sets forth in detail the reasons why such statement r cannot be made. The Town of Smithtown may award a bid to a bidder who cannot make the GML §103-g certification on a case by case basis if: (1) The investment activities in Iran were made before the effective date of this section (i.e., April 12, 2012), the investment activities in Iran have not been expanded or renewed after the effective date of this section and the person has adopted, s publicized and is implementing a formal plan to cease the investment activities in _ a Iran and to refrain from engaging in any new investments in Iran;or i i x (2) The Town of Smithtown makes a determination that the goods or services are necessary for the Town to perform its functions and that, absent such an exemption,the Town would be unable to obtain the goods or services for which the contract is offered. Such determination shall be made in writing and shall be a public document. i q� 1 i i BID: 18-087Pa9 e 8 of 37 BIDDER'S CERTIFICATION OF COMPLIANCE WITH IRAN ENERGY I SECTORDIVESTMENT ACT Pursuant to General'Municipal Law §1'03-g,which generally prohibits the Town of Smithtown from entering,into contracts with persons engaged in-investinenti activities in*energy sector Of Iran,"the bidder/p_ioposer submits,the following ce tification [Please Ch&k One of the Following]: _ [ ] By,' submission of this bid'or'poposal; each?,bidder/proposer and'eacli person signing on behalf of any bidder/proposer-certifies;and.ii the case'of a joint bid each party thereto certifies as to its own organization,under penalty,ofperjury,-that-to the best of_its knowledge and belief, that each bidder/proposer i noon- the list,,createdpursuant.to paragraph(b)-of subdivision 3 of Section 165-a of the Stat_e.Finance Law. [ ] I,am.unable-to certify that.my name and the name of-thebidder/proposer does not appear on the list created pursuant to paragraph-(b),of subdivision 3 of Sectiofi,165-a of the State Finance Law..I have,attached a signed statement setting forth.in detail why I cannot so certify. 9 Signature Print Name Title Date Sworn to before me this day of ,20 Notary Public { a i BID: 18-087 page 9 of 37 BID TERMS AND CONDITIONS 1. Responses to this Bid must be signed in ink and submitted in a sealed envelope. The envelope must be marked with the name of the Bidder, the Bid number and Bid Title, as described in the Public Notice. The unit price and extended price for each item shall be inserted in ink or by typewriter. Bidders may not bid multiple products for a single bid'item. If a bidder offers more than I one item, only the lowest price offering will be considered. If the price offerings are identical, only the first ,item listed will be considered. All original Bid paperwork is to be submitted in tact, complete. Do not remove,any pages. 2. AII'Terms and Conditions set forth herein' and annexed hereto including those appearing in any public advertisement are expressly incorporated and shall be applicable to the Contract(s) awarded by the Town and all work performed or item(s) supplied/installed pursuant to such award shall be in accordance with these Terms and-Conditions. All-Bid specifications shall be considered integral � parts of this proposal/contract and shall be-goveming factors for parts, materials and/or services called for by this Bid. Unless provided otherwise, the term "Bid" as used under the Terms and Conditions shall be deemed to include procurements via invitation for Bids, Request for Quotations and Request for Proposals. 3. No changes to the Bid document are allowed. No alterations, erasures or additions are to be made to the Bid documents. Bidders are instructed to note any exceptions to the bid specifications on a separate sheet, clearly marked "exceptions". Bidder must clearly identify the requirement as stated in the bid and the_ ,proposed=deviations. Non-material variances may be waived by the 3 Town. Otherwise, the Town will deem the goods as delivered as specked, and upon receipt and inspection of the goods, the Town shall have the authority to return the goods for noncompliance with the specification. I 4. Unless otherwise specified, all Bids must be for new items. a 5. Unless prohibited elsewhere in the specifications, when Bid specifically designates manufacturer, trade name, catalog reference, patented product or R brand name, it is to be understood that the designation represents an accepted 1 standard. The intention is not to limit competition and therefore, a Bidder may offer an alternative which claims to be equal to the designated established a standard. The Bid proposal must then be plainly identified as an alternate and must be accompanied by required information pertaining to the altemative's manufacturer and features of the alternative Bid. The acceptance will be made by the Town and the Town's decision as to acceptance of an item shall be final. A Bidder proposing an alternative may be asked to supply the Town of 1 Smithtown with a sample and proof of compatibility, including appropriate catalog excerpts, descriptive,literature, specifications, test data, etc... z i a BID: 18-087 page 10 of 37 6. The Town reserves the right to request from the bidder representative_ sample(s) of bid terms.-at any time= prior-to ;or'after award of a contract: Whenever requested samples;musfibeautimitted free"of charge. The Town reserves the right`not"to award a-contracf to-°any,bidder,tlaart submifs samples which, in the sole judgement of the Town;are,not'in''accordance`i4k4,.th'e,bid-,specifications. Submission of-a`-sample°-and'approval`ifiereof sFiall not relieve ttie=bidder from full compliance.,--with_all ._terms, and-.oonditfons,_-.,performance .related and otherwise,_spsecfed:;in:the,fBid' specfications,:;±Samples will ae retained by the Town:for thirty.(30);days from;the bid,topening Fdate. 'The:Town may consume, ,use or destroy anylall:'samples. ;Samples'must=bevremoved by"the.bidder, at the bidder's expense, witl%in.thirty:_(30)d'ys,-,the eafter.<.;Samples remaining with the Town;beyond sixty-,(60j:,days,from,the.bid-,'opening date shall_become sole property of.the Town;and ,tfie Town{shall have_the right to dispose of the samples at no;cost;or liability to the own- , 7. It is the, responsibility of:the Bidder fo-'submit a_ Bid in accordance with the Bid , speccations: It wilhbe=ptesumed tlatby the bid:opening date, the Bidder (1) -. = Lias met'all'Pre=Bid requirements including,Pre-Bid work site tours;and Bidder meetings,',(2)' -figs,:examined Kallh`documents;, drawings,` Bid requirements, specifications`and''addenda.°, Failure:to do so;"shall in no way,relieves Bidder 1 from any obligation in respect to the Bid.- 8. Bid deposits, if 'required, will be`returned to unsuccessful:bidders;after the bid has leen.,awarded: A_successful bidder's; deposit will le returned after execution.of.any required written'contract, and/or following acceptance by the Town of any' bond' or.proof`of insurance ,coverage to be-furnished by the i ContractorNendor pursuant'to't' a bid,specifications: 9. The-,Succes§ful,'-Bidder is-to-=supply;-`-deliver•,-and-=install-_all, Bid .items including ; accessories not s cficall mentioned' in=the Bid crfications, but Parts/ 06 y 4 deemed necessary to complete the'bid item unless otherwise-noted. All parts/ accessories arerto.be included in,the Bid price. „ ,, 10.Unless otherwise "specified in the :Bid' document; all items supplied and/or installed and%r-work performed asa' result of,an Award-of a Bid shall be guaranteed by the contractor fora ,one (1) year period (commencing upon acceptance by the,Town)-against%;any";and all defects resulting from improper design; rriaterials;'workmanship, construction or installation:'Immediately after receiving notice of such'defects the 'Successful"Bidder' will make good by replacing same at Bidder's sole expe' nse' and withouf additional cost to the i Town of Smithtown. i 11.At its discretion,the Town"Board of the Town=of Smithtown reserves r the right to - accept a Bid'in-whole or in part or reject all Bids and re-advertise in the manner outlined by Section,103 of the,general Municipal4Law. Bids are awarded to the lowest responsible responsive Bidder in accordance with the "Basis For Award" stated in the Bid document. Cash discounts will not be a factor in determining awards, except in the case of tie bids. The,Town reserves the right to break I class awards when it is in the best interest of the Town. y I g BID:18-087 page 11 of 37 12.Consideration will not be given to a bid price that is subject to a change that may cause an increase in cost at the time of delivery. Bid pricing must be held for the entire contract period as delineated in the Bid Specifications. An escalation clause will void _a Bid 'as per Title 4, . (Public Contract) of the US Code Annotated per Section 1-2.407-04, Price Escalation. 13.For Requirement,Contracts only, the contract period may be extended by mutual consent between the Town-of Smithtown,and the Successful Bidder at ttie"sole discretion- of the"Town= sof"Smithitow h. Unless 'stated otherwise Requirement Contracts�miiy be extended'for up-to two additional years beyond the- initial-contract period: ' In addition-to any stated extension period, in the f event a replacement Contract for the-goods and/or services-provided under a bid' or proposal has not been issued prior,to 'expiration of this Contract, any Contract let and awarded hereunder may,be'extended upon mutual agreement of the Contractor and the Town for r a period of up to three ,months upon the same terms and conditions as the original,contract including, but not limited to, quantities. (prorated for such extension), -prices and- delivery requirements, Notwithstanding,,in the eveht.the Town awards a replacement contract in the , interim, the extension. provided ,for under this paragraph shall terminate immediately upon award of such replacement contract. 14.By submission of a proposal in response to a Town of Smithtown Bid, the Bidder certifies that the Bid is made without connection with any other Bidder { and is in all respects without collusion.or fraud. A bid shall not be considered for award in the event a Non-Collusion Bidding Certification is not furnished, except as provided under'§103-d of the New York State General Municipal Law. The Town further reserves the 'right to terminate this Contract in the event it is found that,the:certification_fled byjhe, Bidder-was. intentionally false or intentionally incomplete;_and upon such finding, the Town may exercise its termination right i a by providing written notification to,the Bidder. I 15.The Town reserves the right to investigate to determine that the Bid items and Bidder's qualifications or .facilities meet -requirements and are sufficient for proper performance in fulfilling Bid requirements. The Bidder must be prepared to present and shall furnish to the Town, on request, all information required in connection with such investigation,, including, but not limited to, evidence of experience, ability and financial standing and certification from the manufacturer relative to authorization, delivery, service, and guarantee. If it is determined that items proposed to be furnished do not ,meet Bid requirements or that the i experience, qualifications, financial standing or facilities are not satisfactory, a 3 Bid may be rejected. If the foregoing investigation occurs, the Bidder in no way is relieved of fulfilling all requirements and conditions as called out in the Bid. i Also, it should be noted that the Town of Smithtown is in no way obligated to perform any of the above investigations prior to an Award. { 16.All Bid Forms must be completed as required. 17.To avoid a conflict of interest, Bidders shall not be Town Employees. a 1 i 3 i BID: 18-087 page 12 of 37 18.When ;applioable,. in..contracts for-66 rvice- whoh ,the'-Vendor; is'.required to ` p 'ek work on Smithtown Town Property or in Smithtown Town Facilities, the E Successful,Bidder.agrees-to.obtain,;from`an jns"uranoe,-company;.authorized.to/ j _do.business:in the.,State.of.New=',York;-and.,keep in full-force arida-effect during I the term of this'contract-, at its own,cost;and-�expense';:all-insuranoe required ' - under this;paragraph. -Certified copies-of-the original insurance policies or riders shall be submiitedato"the-Tdwn,-p'riot-,to,,the°cclntiact signing: Such insurance shall,not-�be aenninated 'cancelled;, modified;of-changed=by''the`Contractor or Insurance Com an :ezce t on 4:thi 30 da s nor-°written notice sent by the Insurance Compariy.,via registered,mail to the°Town: The Contractor and any subcontractors.'shall°',not>,:commendb,, .any,,.work and= this,Contract shall not 1 become,,effective,until_the following,,insurance=coverages'have been approved by,the Town: WORKER'S.COMPENSATION The` Contractor-shall:-provid e, and maintain during ,the`life 'of"this contract, Workman's.,Cornpensation;-and, Disab_ility,:lnsurance".for all -of his,.,employees' co'verin all .`o rations under,_this_-.:.Contract;..`_whether. perform_ ed ' by the Contractor`or by his' subcontractors: ` LIABILITY, PERSONAL INJURY AND PROPERTY DAMAGE ' 3 The 'Cont'ractor sliali provide Nand 'Maintain d' the-life'of this-"Contract, Comprehensive General Liability°insurance at`the following minimum limits and shall:`hari e' the. Town of`Smithfowri; its offi_Ycers, agents'-and-employees as additional-irisureds'thereunder $500,000.Occurrence;, -- - $1,000,000-Aggregate.._ ". - OWNER'S PROTECTIVE _ When expressly required_in the bids detailed specifications, the Contractor shall provide and maintains,during;`06-1k -of: :this Contract; Owner's Protective :Comprehensive General,Liabilityr,Insurance; naming_the.:Town-of Smithtown as insured, to protect the Town from claims arising from the operations of the contractor-,-and,his'subconiractors` for`damages of personal-injury and property damage for the amounts specified above. In addition, .the policy shall contain the following provisions: 1) , The presence of the Town, the Town's representatives, consulting engineers,`or'their'represerntatives on:the site of the work shall not invalidate the policy of insurance. 2) The.policy shall not.,be invalidated by reason-,of-any.violation by the Contractor,of any of_the.terms.of,any policy issued. j 19.Bid quotations/pricing submitted in response to this Bid.must_remain firm for at least forty-five k4!days: i - i b BID: 18-087 page 13 of 37 20.Bid quantities may be exact or may be estimates. During the contract period, in i no way is the Town of Smithtown obligated to purchase any,items; In no way is I -the Town of Smithtown obligated to purchase the spee"ed'quantities:' 21:-Under-�similar-'.circumstances, the prices set-forth herein;:as,subnmitted by the Bidder, are extendable'to}any Department of the Town of Smithtown upon the .same terms and.conditions. I 22._The Town.of_Smithtown reserves the right to cancel_any contract resulting'from this,Bid-for'non-compliance/defaulttbreach-by the.Vendor at anytime, by written notice,:, .,Shqu1d,`ihe Lowest, Responsible, Responsive ,Bidder (the Successful Bidder)P-f 14o perform,-work,=supply--items-or service in-a timely.or professional manner,or.in accordance with Bid.:Specifications,to:the satisfaction"-of,the Town, the_Bid or that,�portion-,of-the,Bid-May;:be rescinded and:reawarded to the next Lowest, Responsible, Responsive Bidder. In the event that the:Sele'cted Bidder j does not fulfill the contract in whole or impart due to default.the.Town reserves the right to procure the, goods or services' from other'so.lur and hold the I Selected Bidder responsible,for any excess cost,.expenses, or damages. t 23.Payment willbe made-only Hhe,completion`-of contract�to'the satisfaction, of the Town. The Town may reserve payment-until the'service rendered or the items delivered satisfactorily meet spe41cation6, the e'xpecte'd perforrrlance and quality.. 24.The Vendor shall comply with Section .109.of the General,Municipal Law of U N.Y.S.,forbidding_�assignment of'public contracts. Contractors are prohibited _from;assigning, transferring, conveying,,or subletting or otherwise disposing of the contract or of their right, title, or interest.therein or,of,their;power to execute a contract to any other person or corporation without previous consent in writing of the Town:,- _-44, r_... i 25.The Town may, at any time and without' cause, suspend'or,terminate this Contract upon the occurrence of any,one or more,of the following events: j A. --The. Contractor fails to perforin the work �as specified in the Contract, or otherwise violates in any way any provisions of the Contract Documents. s B. The_ContractorNendor is adjudged bankrupt or insolvent. C. The Contractor/Vendor makes a"general assignment for the benefit of creditors. D: A trustee,or receiver-is'appointed for the ContractorNendor or for any of his property. E. The Contractor/Vendor files a petition to take advantage of any debtor's act, or to reorganize under the,bankruptcy or similar laws. E F. The ContractorNendor disregards]aws,,,ordinance, rules, regulations, or orders of any public authority having jurisdiction. I G. The Contractor/Vendor disregards the authority of the Town of Smithtown. i BID:18-087 page 14 of 37 H. The Contractor/Vendor fails,,to make"promp-payments to.subcontractors or for labor,-materials,_or equipment._ - I. „The Contractor'/Vendor fa lsto-supply sufficient workmen, 'r' ,udable materials or`equipmenttto complete tle:work: J. A change in Law. 26.INDEMNITY TheContractorNendor shall;protect; defend, indemnify and hold the Town, its i. agents,.officers and employees harmless,from:any:and,all ciaims,;actions, suits, i rocee g Jy - p ._ din s, arbifratiors; .awards, liens, .orde'rs, -judgments,,-.penalties, fines, execution s,_damages, costsarid'sttomeV%fees of any nature'by any person or entity-for any act,or failure to act on"the part ofth6"ContractorNendor and/or I liability,arising under this Contract that arises or is aii�eged-to have'arisen_from the operation.,,or execution;of,this contract,,,which shall be,deemed to include, ' but not be limited to, bodily inju_"ry',";personal'injury, wtongful' death or property damage. The, ContractorNendor shallr- be ;liable and be responsible for damn es actual 'cons u`ential s`eciaf and indirect dame es,included which : .9. ,, ,,. ; , ,, p, 9 , arise; are caused-by pt-Orgught_about;as,a,result of his-'activities with respect to the work under"this'Contract, and'/6r'arising-from the-ContractbesNendoes negligence, omissions, willful misconduct-,or.failure.of ContractorNendor to carry out its obligations under this Contract: The ContractorNendor agrees_to,protect;indemnify and-forever save and keep ''harmless the,Town and lth6 individual,member>thereof,and their agents, from and against any-damage; peri ft'fine;judgement,-expense, or charge suffered, imposed, assessed, or jincde for- =any" violation or: breach -of any law, {., w ordinance', rule,order:or regulations'occasioned'fiy any acf, neglect"or omission of the ContractorNendor_its'agehtsor employees. Furthermore; in the event of any violation or breach ,of any law,-.ordinance,,-rule, order, or regulation occasioned by any act,neglector'omission°of the ContractorNendor, its agents 3 or employees in case the Town or its representatives shall deem any conduct on the part of the ContractorNendor,`°its agents," -or -employees to .be objectionable or improper, the Town shall notify the ContractorNendor by registered mail; ret&ft',receipt requested;"of such violations'or misconduct and if after-the expiration-of-five (5).'days "from' the-"time notice is received by the ContractorNendor; the violation- or°misconduct'Js'not rectified, then the Town shall have the right-to,_ at 'once; declare''th'is -agreement terminated without further notice to the ContractorNendor. If a good faith effort is made on behalf I of the ContractorNendor to cure any violation or misconduct, the Town may extend the time for compliance. The extension shall be within the sole discretion of the Town. = 27.UNCONTROLLABLE OR-UNFORESEEN CIRCUMSTANCES In the event -of-the occurrence of an act of God, a fire, flood, epidemic, earthquake, explosion, civil disturbance,-strike by.the employees or agents of s i - l i BID: 18-087 page 15 of 37 j any party hereto, or other event not within the control of the parties hereto, which occurrence shall prevent the performance of-this Contract by either party, j the obligation to perform shall be-suspended for the duration of the occurrence, without penalty to either party, unless such occurrence shall continue-for a period of ninety (90)days, in which case either party, by ten (10) days written notice to the other, may elect to terminate the Contract at its option. 29.SEVERABLITY j If any section, subsection, ,paragraph, clause, phrase or provision of this Agreement shall, by a court of competent jurisdiction, be adjudged or determined to illegal, unlawful, .invalid,'or unconstitutional same shall not effect the.validity of this Agreement as a whole, or any part of provision hereof, other than the part to, adjudged or determined to be illegal, unlawful or unconstitutional: i 29.PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of'law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be j read and enforced as though it,were included herein. 30.GOVERNING LAW AND VENUE This Contract-and any disputes arising hereunder shall be construed in accordance with the laws of the State of New York. Any action, suit or proceeding in connection_ with -or arising,as a result of-this Contract shall be heard only in the State Courts of the State of New York-located in Suffolk County; a-nd-neither"the Tp-Wh-dr-Contractor shallbbject-to the commencement or maintenance of such action, suit or proceeding in such court based on improper venue, forum non conveniens, or, any other ground relating to the appropriate forum of such action; suit or proceeding. 31.INDEPENDENT CONTRACTOR It is understood and agreed, that the legal status of the Contractor, its officer, agents and employees under any contract resulting from this Bid is that of an independent contractor, and,in no manner shall they be deemed employees of the Town or entitled to any.other benefits associated with such employment. - 1 32.CONTRACTOR COMPLIANCE_ Contractor warrants and represents to pay for, at its sole cost and expense, and maintain during the Contract, and any extension thereof, all applicable permits, licenses, tariffs, foils and fees and comply with all laws; ordinances, rules, i orders and/or regulations of any governmental entity in conjunction with the performance of the Contract. f r I BID:18-087 page 16 of 37 • s s 33.AMENDMENTS • i Except upon-.express, written agreement of the Town, no modification or amendment in-the terms and-conditions•of=any Contract•resulting from a Bid or Proposal as may be permitted under applicable law shall be valid or binding Against the Town 34. PRESERVATION OF RIGHTS - The waiver or failure•-of the Town-to„exercise in-any respect any right provided for herein shall not be-de e-med a waiver of any further right hereunder. 35. EXPENSES PRIOR TO CONTRACT EXECUTION The Town, its officers, agents and--employees•shall not`be liable-for any costs And/or expenses incurred by a Vendor, Bidder 6f Contractor in the preparation l and/or production-of a Bid or Proposal'or for'any•-work performed prior to the i effective date of the Contract. i 36. NOTICES l Any notification or correspondence will be deemed properly given if delivered to ContractoWendor at the addressprovidedin connection with a-Bid or Proposal. 3 37.APPRENTICESHIP TRAINING PROGRAMS' The Town of Smithtown requires any contractor" or subcontractor, prior to entering into aConstruction{Contract=with the=Town of Smithtodvn, to have l apprenticeship agreements, appropriate for,the type and scope of work to be performed, which have•been registered'With; 'and approved'by, the New York State'Corrimissioner or Labor in accordance with Article 23-of the New York Labor Law, anything in § 103 of the New York-General Municipal Law to the contrary notwithstanding. If the amount bid for a Constriction Contract awarded by the Town, or the i aggregate value 'of the individual Construction Contracts on- multi-prime contracts that comprise a Project, is in excess•'of$500,000, the Contracts) will be subject to Town Board Resolution No. 240-2009, which requires that firms i entering into Contracts with the Town for such work to participate in registered I and approved apprenticeship training programs. The Contractor and his Subcontractors shall provide evidence of participation in approved apprenticeship training programs that are appropriate for the type and scope of work to be performed under the Agreement. In addition to this policy, any Contract to be awarded by the Town shall be subject to the requirements and conditions set forth in the Bid documents. 3 a I i _ r BID: 18-087 page 17 of 37 j These regulations shall not applicable to Contracts or projects: (1) involving maintenance work, custodial services, any work upon leased facilities, professional .services, engineering/architectural services, i equipment purchases and federally funded contracts. (2) if a-specific trade required for performance of a Contract or project does i not have a New York State- Department of Labor approved apprenticeship training program-at-the-time of the.award of a Contract. i (3) if a single bid, is received for a-Contract subject to this policy from a .Contractor that does not maintain an-approved apprenticeship training program, and the Town elects, in its sole discretion, to award said Contract to the single bidder. Notwithstanding anything herein.to the contrary, at its discretion the Town Board of the Town,of Smithtown reserves the right to,accept any bid.in whole or in part j or reject all bids and re-advertise in the manner outlined by Section 103 of the General Municipal Law. 1 Within ten(10) working days of the date of receipt of notification from the Town of the Contractor's status as the apparent low, Bidder, the Contractor shall provide an affidavit-of the firm's and the frrm,'s, subcontractors' participation in q approved apprenticeship training programs:, lf,the.,Contractor does not comply i within this time, the Town may declare the Contractor's bid non-responsive and award the Contract to the next lowest responsible Bidder. The .Contractor shall also submit-an affidavit of participating in an approved � apprenticeship trainingprogram-from_each subcontractor.-This affidavit is to be included with.the Contractor's request-.to the Town,for subcontractor approval. In the event a subcontractor-is entitled to receive less than,$10,000 from a construction subcontract, such subcontractor shall not be required to comply with the requirements set forth herein. , If during the course of a Contract, the Contractor or his/her Subcontractor is not I in compliance with these regulations, the Town may suspend the work and/or take whatever action-is deemed appropriate as defined in Section 22 of the Bid Terms and Conditions. S a 9 . i J A 1 Sg i � 3 3 f yy� V i a f i — 1 c I } C BID:18-087 page 18 of 37 GENERAL- TERMS AND CONDITIONS UPON ISSUANCE OF,A PURCHASE ORDER--THE'FOLLOWING GENERAL TERMS } AND-CONDITIONS SHALL APPLY 1) The Town of Smithtown is not responsible for materials, supplies or equipment delivered without a purchase "order signed-'J_by the, Town- Purchasing Director. Changes to purchase orders are not permitted without,prior written approval from 9 the Town. ' 2) Vendor shall be°respon'sible for'delivery of,'supplies in goo&condition at point of destination. AII'supplies delivered°shall`be"delivered to the-delivery point specified on-the Purchase-Order.All freight charges including unloading, inside delivery and assembly -are -to FOB Town of,'Smithtown,and -Without Charge for containers, ! packing', etc., unless specified on the_bid,and the dost hereof-quoted. Inspection of delivery will be made at point of delivery,-unless otherwise noted. The Town of Smithtown reserves'the right and retum'at shipper's expense-items which do not conform to specifications, quality, or-standard of excellence:- Damaged items will be-rejected. " - 3) A Bid award may be.conditioned,,upon execution of a formal contract document. j 4) Upon notification of Award, the Bidder shall comply with all Federal, State and ' Local laws relative, thereto. - I 5) Vendor shall comply with as applicable; • Sections 220, 220A, 2206, 220G, 220D, 220E, and'222 of the New York State Labor Law relating to maximum,working hours and minimum wage of employees and prohibiting discrimination on account of race, color, creed, -or national origin -in hiring employees within the State of New York involved'in the` manufacture of materials, equipment, supplies, or services as specified by`thi"s order. # • The Vendor shall comply with Section 103A and 103B of the general I Municipal Law pertaining to disqualifications of contractor for failure to I waive immunity before a Grand Jury. I The Vendor shall comply with Section 108 of the General Municipal Law of N.Y.S. relating to proper Workmen's Compensation to be earned by contractor. © Information concerning the content or details of any Bid or Proposal may be subject to disclosure as required under the New York State Freedom of Information Law (F.O.I.L.) or other State law. Bidders I i BID: 18-087 page 19 of 37 intending to seek an exemption from disclosure of these materials under F.O.I.L. (e.g., for trade secrets or information the disclosure of which would, cause injury -to_the competitive position of commercial enterprises) must' request the 'exemption in writing stating with � particularity the reasons-for the claimed-exemption,„.Acceptance-of�the claimed materials does not constitute;a.determination,on,the-exemption request, which determination.will be made in accordance with statutory procedures. --The; Town reserves ,the-right to determine upon written notice to the,Bidder whether-such information qualifies for the exemption for disclosure.under the,law. • PREVAILING WAGE RATE . Attention is directed.to the provisions of the Labor Law of-the State of New,York,` applicable;tovae;employment of labor at the. site of the project,all of which shall,beconformed--to by the ContractorNendor. I Prevailing rates-of wages.-and employment conditions, shall conform to the requirements-of,the,,Labor',Law.-:- f_the State of.,New-York. Each laborer, workmen, or mechanic employed by the ContractorNendor, subcontractor, or.others.for..,the,performance of their work shall be paid i not-less xthan-the, prevailing rate of wages and shall- be provided supplements not less than the prevailing supplements., The filing of 1 payrolls in a,manner consistent with,subdivision 3A of Section 20 (New York,State',Labor law),is a condition precedent to payment of.any sums 3 due and owing to any person for work done upon the project. On all public work projects.of,at,least $250,000.00, all.laborers,;workers and mechanics working on the site shall be-certified as.having successfully completed the OSHA 10-hour construction safety and health course. 6) All prices appearing'on a-Purchase Order-shall-be'exempt from Federal excise or any sales tax. Billing shall allow for-this exemption from-_taxes per New York State Tax ID#11-6001-937. The Purchase Omer shall act as a tax exemption certificate. 7) The provisions-of.the New York State Fair Trade Law(Feld Crawford Act) and the 4 Federal..,Price. Discrimination Law-(Robinson-Patman Act),are not applicable to purchases made by the Town,of Smithtown. i 9 . I i i BID: 18-087 page 20 of 37 1. , SCOPE OF WORK: The Town is soliciting bids from interested parties to pick- up and recycle various materials that that were collected as part of the Town's curbside recycling program. This bid is divided into three(3)categories: _1 Category 1 -.Unprocessed.Curbside Single;-Stream Recyclables Category 2 -Unprocessed Curbside Dual Stream Recyclables Category 3—Source Separated Curbside Dual Stream Recyclables Each Bid Category contains a number of line;items for which pricing is requested. Bidders need not submit offerings for all,categories,-hne items or transportation options. During the term of the Agreement, the selected Bidder(s) will be responsible for the prompt removal of one hundred percent(100%)of the material the Town wishes to-recycle,for the=item(s)or-categories,awarded to them., FOR AWARDED-PICKED UP ITEMS; - Materials shall:be removed,from our;sorting facility located at 85 Old Northport Road, Kings:Park, NY-between the,hour-s-of 7:15,,am and 2:30'-pm,,.Monday — Friday, excluding holidays. The-Tow4.vrrill load-materials onto,trailers supplied by bidder. All trucks will be loaded-in,.accordance -with New York State and vehicle-weight laws and reguiatiops.)- The price bid shall include pick-up and I recycling, as well as all other direct or indirect costs associated with the pick-up of,transport of,transfer of possession of, and/or transfer of title to the Bidder. All goods are F.O.B. at the Town's facility,_in Kings Park,-NY. Title to,and risk of loss for the material covered under,the-agreement shall pass-to the Bidder upon being loaded onto the':Bidder's.vehicles at Town's loading dock. The Town shall not be responsible,,in any,way for•any,,-:material,upon its being loaded.,onto the Bidder's vehicle(s). All -material must--ultimately_be ,delivered to a properly permitted facility or, facilities, which-=must be-LOCATED OUTSIDE OF THE GEOGRAPHIC BOUNDARIES,OF THE TOWN:OF`SMITHTOWN. FOR AWARDED DELIVERED ITEM: The Town will deliver materials to the contractor's properly permitted facility, utilizing town owned equipment and labor. The price bid shall-include all a recycling as well,as all other direct or indirect costs:associated with the,transport of,,transfer_of possession'of, and/or transfer of title to the,Bidder. All goods are F.O.B. upon delivery to the contractor's--properly permitted facility. Title to and risk of loss for the material covered under the agreement shall pass to the Bidder upon being unloaded at the contractor's-properly-permitted facility. The Town i shall not be responsible in anyway for any material upon it being.unloaded at the contractor's properly permitted facility.'THE STATED FACILITY MUST NOT BE IN THE GEOGRAPHIC BOUNDARIES OF THE TOWN OF SMITHTOWN i AND MATERIALS CANNOT BE =RETURNED FOR PROCESSING OR � 9 STORAGE.WITHIN THE GEOGRAPHIC BOUNDARIES OF THE TOWN OF i SMITHTOWN. The Town will only entertain proposals that require us to deliver materials to properly permitted facilities that are within Thirty (30) miles of the Town sorting facility, located at 85 Old Northport Road, Kings Park,N.Y. i BID: 18-087 page 21 of 37 2. REQUIREMENTS CONTRACT: This is a term contract for an indefinite amount of material.,Pricing will be obtained for various items that the Town may generate. j 3. CONTRACT TERM: The duration of this contract is six(6)months,from on or about December 1, 2018 through on or about May 31, 2019 -and,is extendible by mutual consent pursuant to Section 13. j 4. PRICING: Bidder-shall provide a current monthly price'(November 2018). The Town will permit prices to change on'a monthly basis. If the adopted price index, 1 in the Town or the Bidder's estimation, is,no`longer reflective of'the prevailing maiket conditions'or,if an alternative publication,'more accurately reflects such market conditions, then the Town or-'the 'Bidder may propose to use any such alternative publications(s)to determine the price for'"surplus material. The Town and the Bidder's prior mutual•consent, which shall be in writing and may not be unreasonably withheld,to the use of such alternate publication shall be required.- , , . • --. a 5. TRANSPORT VEHICLE REQUIREMENTS: Any vehicles utilized by the Bidder to transport material covered-under this agreement must be properly insured, registered and licensed to operate on the highways or the State of New a York`and operated•by a valid CDL driver. Upon written demand from the Town, ,the Bidder-shall provide proof of compliance with,the requirements set forth under this paragraph. All,trailers will, be loaded to achieve 40;000 pounds shipping weight for domestic loads•and a mutually`agreed upon weight for export loads,in s accordance with New York State Department of Transportation regulations regarding maximum gross weight. 6. MATERIAL CONTENT: Items may or may not be source separated by the Town and baled / loaded as indicated on the quotation'sheet. Each load will be at least 95%"clean"with no more than 5%other contamination. 7. PERFORMANCE PERIOD., Pick-ups must be made within three(3)three business days from notification by Town. • 9 8. BASIS FOR AWARD: The Town will select one of the three categories to make contract(s)awards to the responsible,responsive bidder(s),offering the most advantageous pricing proposal(s). • ' 1 ' 3 9 9 BID: 18-087 page 22 of 37 1 9. WAGE RATES: Refer to the attached New York State Prevailing Wage Rate schedule. 10.BASIS FOR PAYMENT: All materials will be weighed upon leaving our facility. This weigh ticket will-be the basis of the all,billing. The Town's weight j ticket shall be the sole means for determining proof of the total amount of material picked.up by the Bidder. -Noother method or documentation shall be utilized far determining the total amount of due hereunder. All estimated quantities stated in this document are approximatibns:-Variances exist-:because historical data was compiled from different years of the Towns operation processing operation(single stream years vs. dual stream•years). 11. QUESTIONS: Questions about this solicitation should be addressed to.the Town of Smithtown Sanitation Department at(631)269-6600. i . t d , g 3 S _ 3 y� S y� 4 i BID: 18-087 page 23 of 37 ' QUOTATION Procurement Identification Number 18-087 Company Name CATEGORY 1.- Unprocessed-Curbside Single Stream Recyclables 1 (A): Unprocessed Curbside,Single Stream-Recyclables including-' GLASS Loaded by the Town into the selected contractoes.trailers,.containers or vehicles or delivered by the Town to the contractor's permitted facility. The contractor must accept full title and possession of the materials upon receipt, and process,and market them in a lawful manner. I Estimated annual volume generated: 11,500 tons. This will include a mixture of: i l -Aluminum: Cans, beverage and food containers, foil and pie pans. I -Books: Hardbound, paperback and text books. -Cardboard: Paperboard boxes, corrugated,boxes, egg containers, food boxes (including cereal boxes and pizza boxes), frozen food packaging, mailing boxes and shoe boxes. -Glass containers: Bottles and jars (brown, clear or green) used for food, liquids, beverages, soda, and water. -Mail: Mail Qunk mail, catalogs, cards, magazines, etc.) and envelopes. -Metal: All types of metal including beverage and food containers, aluminum, tin, steel, iron, etc. -Paper: All colors and types of unwaxed paper including catalogs, folders, junk mail, magazines, mixed paper, newspaper(all types), non-metallic wrapping paper, office papers, printer paper, school papers and shredded paper -Plastic containers (#1 —7) -Rigid Plastics: Rigid plastics which include milk/soda crates, buckets, laundry baskets, plastic lawn furniture, plastic drums, coolers, etc. -Spray cans: All empty aerosol cans. ; -Steel ' -Tin: Cans and foil. -Waxed cartons used for liquids such as juices, milk or soups. These materials may contain up to 5% contaminants by weight. a i BID: 18-087 page 24 of 37 - QUOTATION , Procurement Identification Number 18-087 Company Name l ' I 1 (A): Unprocessed Curbside,Single Stream,Recyclables-including GLASS a 0 Price per ton, picked up from 85 Old Northport Road Kings Park for November, 2018 i The above price will be paid [ ] Paid to the'Town'by'lhe bidder Check one Paid to the Bidder by the Town Alternate Price 06016n,for the Town t6 ' = = j deliver material to the bidder's $ lity Indicate tWlocation of this permit#ed'facility - i The above price will be paid Paid to the Town by the bidder Check one),, Paid:to the_Bidder by the Town ? • � t Indicate proposed price adjustment index to be used (monthly) I . i Y 1 i I d f • i 1 , I BID: 18-087 page 25 of 37 QUOTATION Procurement Identification Number 18-087 Company Name 1 (B): Unprocessed Curbside Single Stream Recyclables excluding GLASS Loaded by the Town into the selected contractor's trailers, containers or vehicles or delivered by-the-Town to the contractor'ssperniitted•facility. The contractor-mutt accept full title and possession of the materials upon receipt, and process and market them in a lawful manner. - I Estimated annual volume generated; 10,150 tons. ' f v This will include a mixture of:,, 9 -Aluminum:Cans, beverage and food containers,foil-and pie-'pans. i -Books: Hardbound, paperback and text books. -Cardboard:°•Paperboard boxes corrugated boxes, egg containers,.food boxes,-, (including cereal boxes and pizza bones)„frozen-food packaging, mailing=boxes and shoe boxes. � _ y -Mail: Mail (junk mail, catalogs, cards, magazines, etc.) and envelopes. -Metal: All types of metal including beverage and food containers, aluminum, tin, steel, iron, etc.. -Paper: All.colors and types-of unwaxed paper including catalogs, folders,junk mail, magazines, mixed paper, newspaper(all-types), non-metallic wrapping ; paper, office papers-, printer paper,-school-papers and shredded paper -Plastic containers (#1 —7) -Rigid Plastics: Rigid plastics which include milkisoda crates, buckets, laundry baskets, plastic lawn furniture;plastic drums, coolers, etc. •Spray cans: All empty aerosol cans. -Steel -Tin: Cans and foil. -Waxed cartons used for liquids such as juices, milk or soups. ; Y These materials may contain up to 5% contaminants by weight. i - 3 3 i 4 c ; j ani y r 0 BID: 18-087 page 26 of 37 • i QUOTATION I Procurement Identification Number 18-087 Company Name 1 (B): Unprocessed Curbside Single Stream Recyclables-excluding Glass Price' ''ton, picked upJrorri_85"Old Northport Road Kings Park for $ November, 2018 The above price will be paid [ J Paid,to,the Town by the_bidder Paid Check one to the'Bidder by the-town Alternate Price per ton for the Town to deliver material to the bidder's $ permitted facility Indicate the location of this permitted facility E The above price will be paid [ ] Paid to the Town by,the bidder Check one Paid to the Bidder,b the Town Indicate proposed price adjustment index to be''used-(monthly) r - s i i 0 BID: 18-087 page 27 of 37 i QUOTATION Procurement Identification Number 18-087 I Company Name I i CATEGORY 2: Unprocessed Curbside Dual Stream Recyclables j Loaded by the Town into the selected contractor's trailers, containers or vehicles or delivered by the Town to the contractor's permitted facility. The contractor must accept i full title and possession of the materials upon receipt, and process and market them in a lawful manner. a , ITEM 2 (A): Newspaper and Cardboard Estimated annual volume generated: 6,500 tons. ; a This will include a mixture of: i -Newspaper -Magazines -Corrugated Cardboard -Chipboard I -Phone Books -Junk Mail and Writing Paper i a These materials may contain up to 5% contaminants by weight. 4 . i Price per ton, picked up from 86,Old Northport Road Kings Park for $ November, 2018 s` The above price will be paid [ ] Paid to the Town by the bidder Check one Paid to the Bidder by the Town a Alternate Price per ton for the Town to deliver material to the bidder's $ permitted facility Indicate the location of this permitted facility 1 i i The above price will be paid [ ] Paid to the Town by the bidder Check one Paid to the Bidder by the Town - i Indicate proposed price adjustment index to be used (monthly) a f s a t i i a r BID: 18-087 page 28 of 37 a QUOTATION Procurement Identification Number 18-087 - i Company Name i ITEM 2 (B): Metal, Plastic and Glass Estimated annual volume generated: 1,900 tons. This will include a mixture of: -Glass Bottles (flint, amber, green and blue) -Ferrous Cans, Non-Ferrous Cans -Plastic Bottles: Resins.1 &,2 These materials may contain up to 5% contaminants by weight. Price per ton, picked up from 85 Old Northport Road Kings--Park for $ November,:201,8 The above price will be paid [ ] Paid,to the Town by the bidder Check one Paid to the Sidder by the Town Alternate Price.per ton for the Town to _ deliver material to the bidder's, $ permitted facility Indicate the location of this permitted facility - - I The above price will be paid [ ] Paid to the Town by the bidder Check one Paid to the Bidder by the Town 1 ' 3 Indicate proposed price adjustment index to be used (monthly) s 3 y f I ti w IS • BID: 18-087 page 29 of 37 QUOTATION Procurement Identification Number 18-087 Company Name ITEM 2 (C):"Metal and Plastic only Estimated annual volume'generated: 625 tons. This will include a mixture of: -Ferrous Cans, Non-Ferrous Cans -Plastic Bottles: Resins 1 &2 These materials may contain up to 5% contaminants by weight. { Price per ton, picked up from 85 Old Northport Road Kings Park for $ November, 2018 The above price will be paid [ ] Paid to the Town by the bidder Check one Paid to the Bidder by the Town Alternate Price per-ton for-the Town to i deliver material to the bidder's $ permitted facility- Indicate acili _Indicate the location of this permitted facility _ e The above price will be paid .["] Paid to the Town by the bidder - Check one Paid to the Bidder b ,the Town Indicate proposed price.adjustment index to be used (monthly) 3 3 y i t p y BID: 18-087 page 30 of 37 i I QUOTATION Procurement Identification Number 18-087 - = Company Name i i CATEGORY 3: Source Separated Curbside D'uaf Stream Recyclables " = Loaded by the Town into the selected contractor's trailers, containers or vehicles or I delivered by the Town to the,contractor's permitted-facility.:The.contractor must accept full title and possession of the materials upon receipt, and process and market them in a lawful manner. ITEM 3 (A): PET Bottles, baled Estimate&annual volume generated: 1,10 Tons; baled by the Town. These materials may contain up to 5% contaminants by weight.- Price per ton, picked up from 85 Old a Northport Road Kings Park for $ November, 2018 -The above price will be,paid [ ] Paid to the Town by the bidder Check one -Y, - -,- _-L •-• Q'. = - Paid-to the Bidder by-the Town- Alternate Price per ton-for1he Town to deliver material to the bidder's $ permitted facility Indicate the location of this permitted facility The above price will be paid [ ] Paid to the Town by the bidder (Check one Paid.to the Bidder by the Town - Indicate proposed price adjustment index to be used (monthly) a 1 i rt 1 d n BID: 18-087 page 31 of 37 QUOTATION Procurement Identification Number 18-087 Company Name ITEM 3 (B): HDPE Bottles, Natural, baled Estimated annual volume generated: 75 Tons, baled by the Town. These,materials may contain up to 5% contaminants by weight. Price per ton, picked up from 85 Old Northport Road Kings Park for $ November, 2018 The above price will be paid [ ] Paid to-the Town by the bidder Check one Paid to the Bidder by the Town Alternate-Price per ton for the Town to _ deliver material to the bidder's $ permitted facility ' Indicate the location of this permitted facility The above price.will be-paid [ ] Paid to the Town by the bidder _ Check one Paid to the Bidder by the Town Indicate proposed price adjustment index to be used (monthly) ` i . I BID: 18-087 page 32 of 37 QUOTATION Procurement Identification Number 18-087 Company Name r ITEM 3 (C): HDPE Bottles, Colored, baled Estimated annual volume generated: 125 Tons, baled by-the Town. These materials may contain up to-5% contaminants by weight. j Price per ton, picked up from 85 Old Northport Road Kings Park for $ November, 2018 The above,price will be paid [ ] Paid to the Town'by the bidder Check one - Paid to.the Bidder by the Town E Alternate Price per ton for the Town to deliver material to the bidder's $ I permitted facility Indicate the location of this permitted facility, j 4 The above=price will,be-paid' _r] Paid to-the-Town-by the-bidder " Check one -'Paid to the Bidder by the Town ! i s 1 Indicate proposed price adjustment index to be used (monthly) 0 a 9 ' 4 a ' I i faj 1 7 a 5 3 1 3 i r i ' e 3 l 1 I BID:1"87 page 33 of 37 i QUOTATION Procurement Identification Number 18-087 I Company Name ITEM 3 (D): Mixed Colored Glass • . Estimated annual volume generated: 1,350 Tons These materials may-contain up to 5% contaminants by weight. i E i Price per ton,-picked up from 85 Old Northport Road Kings Park for $ November, 2018 The above price will be,paid [ ] Paid to the Town by the bidder Check one Paid to the Bidder by the Town Alternate Price per ton for the Town to deliver material to the bidder's $ permitted facility Indicate the location of this permitted.facility ; -The above•price-will be paid [,] Paid-to the Town by=the-bidder- Check one Paid to the Bidder by the Town 44 y1 • 9 Indicate proposed price adjustment index to be used (monthly) 9 - r j i BID: 18-087 page 34 of 37 QUOTATION Procurement Identification Number 18-087 Company Name a 3337 ITEM 3 (E): Corrugated Cardboard (OCC), baled I The purchase price for the-OCC purchased and sold under this Agreement shall a be OBM New,York High Side for OCC #11': Estimated annual volume generated: 2,000 Tons Price per ton, picked up from 85 Old The OBIVI,New York High Side for OCC#11 Northport Road Kings Park for November, 2018 Minus $ dollars,& cents_ The above price.will'be paid [ ]-Paid to the Town.by the bidder- Check one): Paid to the Bidder by the.Town i Alternate-Price per-ton for the-Town 'The OBM New York High Side,for-OCC#11 to deliver material to the bidder's permitted facility Minus $ - dollars & ''cents Indicate the location of this permitted facility d t The above price will be paid [ ] Paid to the Town by the bidder- Check one Paid to the Bidder by the Town "New York High Side" shalF mean the high side price as-listed in the Official Board Markets ' publication ("Yellow Sheet") for the New York Area in the first published issue each month. i Prices will be retroactive to the first of the month., if the Yellow-Sheet is no longer reflective of the prevailing market,conditions or-if an alternative publication more accurately reflects such market conditions, then an alternative publication(s) to determine the price for Wastepaper may be agreed upon by prior, mutual written consent. } 7 i } R 3 . 18 �5 6 BID: 18-087 page 35 of 37 QUOTATION Procurement Identification Number 18-087 Company Name ITEM 3 (F): Newspaper(ONP), baled The purchase price for the ONP purchased and sold,under this Agreement shall be OBM New York High Side for#8.News., Estimated annual volume generated: 4,200 Tons Price per ton, picked up from 85 Old The OBM New York High Side for #8 News Northport Road Kings Park for November,,2018, -Minus$ dollars,&,, - cents The above•:price will.be paid - ( ] ,Paid to the_Town by the bidder Check one Paid.to.the Bidder by the Town Alternate Price per ton for the Town The OBM New York-High Side for #8- News to deliver material to the b_idder''_s permitted facility -Minus$_ dollars & cents Indicate the location of this permitted facility "New York High Side" shall mean the-high-side price as listed in the Official Board Markets publication ("Yellow Sheet") for the,New York Area,in-the first published issue each month. Prices will be retroactive to the-first of the month. If the Yellow Sheet is no longer reflective of the prevailing .market conditions or if an alternative publication more accurately reflects such market conditions, then ;an' alternative p6blication(s) to determine the price for Wastepaper may be agreed upon by.prior, mutual written consent. k a 3 y I d . I BID: 18-087 page 36 of 37 I QUOTATION i Procurement Identification Number 18-087 Company Name I ITEM 3 (G): Aluminum UBC, baled May contain_aluminum aerosol cans, aluminum twist,tops and other.small aluminum products. Estimated annual volume generated: 85 Tons,,baled by the Town in bundles ranging in weight from 400=8001bs. f These materials may contain up to 5% contaminants by weight. Price per ton, picked up from 85 Old j Northport Road Kings Park for $ , November, 2018 The aboveprice will be paid [ ] Paid to the Town by the bidder Check one - Paid to the Bidder by the Town' Alternate Price per ton for the Town to- f deliver material to the bidder's $ ,permitted facility Indicate the location of this permitted facility - - a 1 {i{ 2 The above price will be paid, [ ] Paid to the Town by'the bidder 1 Check one Paid to the Bidder by the Town 1 Indicate proposed price adjustment index to be used (monthly) i s i i t S, 6 i 1 7 _ 3 1 BID: 18-087 page 37 of 37 QUOTATION Procurement Identification Number 18-087 i Company Name - ITEM 3 (H): Tin Cans, unbaled All Consumer-food and beverage cans, paint cans and assorted-cans, excluding j aluminum cans.' Estimated annual volume generated:`225 Tons These materials may contain up to 5% contaminants by weight. I Price per ton, picked up from,85 Old Northport Road Kings Park for $ November, 2018 7 The above price will be paid [ ] Paid to the Town by the bidder ' Check one)' Paid to the Bidder b 'the Town Alternate Price per ton-for the Town to deliver material to the bidder's $ permitted facility 9 Indicate the location of this permitted facility - The above price will be paid [ ]-Paid to the Town by the bidder Check one Paid to the Bidder by the Town' - Indicate proposed-pride adjustment`index,to be used (monthly) . s - i c � General Provisions of Laws Covering Workers on Article 9 Public Work Building Service'Contracts Introduction The Labor Law requires public work contractors and subcontractors to pay a service employee under a contract for buflding,seivice work fora,public agency,a wage of not less.than'the�.prevafling-wage,and supplements(fringe benefits)in the locality for.the cfas4cation(s)in'.which,the,worker.was:employed,_8uch-,a public work building service contract-must be in excess of one thousand five hundred dollars($1,5Q0.00). Building service employee includes,but is not limited,to,watchman,guard,doorman,building'cleaner,porter,,handyman,, janitor,gardener,groundskeeper,stationary fireman,elevator operator and starter,window cleaner, and occupations relating,,to the collection.of garbage or refuse,.and to.the transportation,of office f imiture.arid equipment,and to'the , transportation and delivery:of fossil fuel but does,-not includb'clerical,sales;p�,fessional,,,•technician-and related' occupations. Building service-employee also`does not-include`any-employee to'v',-"" tlie:'provisions of Article 8•are applicable. Responsibilities of the'P•ublic Agency A Public Agency means the state,'any'ofits political subdivisions, a public benefit corporation,a public authority or commission or special purpose district-,board-.appointed pursuant,to law,and a.board of education. ThePublic Agency-responsible for,preparing:the specifcat ons'for a building seniice eontracf,must f le a.staternent, identifying the types of employees and-work to tie performed:with.the New-Y,ork State;Commissioner of Labor,or other fiscal officer(NOTE:The New York State Commissioner of Labor is the fiscal officer on-all,,building service contracts . • except for those performed by or-on behalf of a city, in which case the fiscal officer is the;comptroller or other analogous officer oUthe city). - ° ' ,. _ •. : A separate filing is required for every building service;contract.;Only.one.fl'ing-is:required'for each contract;regardl`e'ss of, , the duration of the contract.To,file with-the Commissioner of;Labor,•the Public Agency MUST•submit a Request for Wage { and Supplement Information"form(PW 39)to the Bureau of Public Work,either online,by fax,or by mail. i In response to each.fling,the Bureau of:Public Work-wiil.assign,a Prevailing.Rate.Case(PRC)number to each building service•contract,and will issue a Prevailing Wage Schedule setting-forth,the wage rates.required to be.paid for work performed and the expiration date of those rates: if,work bry the�-contractieontinues beyond the expiration date set.forth in the Wage Schedule, new rates and expiration dates will-tie made available online as part of thei original PRC Prevailing Wage Schedule determination automatically,without further filings or requests from the Public Agency. 1 The,Public Agency must include-in-the_specification-for each building frservice_contract the PRC-number assigned-to such contract and stipulation-obligating the contactor to pay not less,tha"'the'wage rates set forth in tfie Prevailing Wage Schedule issued uhder that,PRC number. Upon the awarding of the contract,tfie law requires that;the Public'Agency furnish ttie following information to the Bureau of Public Work:the name and address of the contractor,the date the contract was let and the approximate dollar value of the contract.To facilitate compliance with this provision of the Labor Law,a copy.,of the-Bureaus"Notice of Contract i Award"form(PW 16.9)is-pro"vided with,the original'Preyailing Rate;,Schedule.'-=.The Public Agency is required to notify the Bureau of the completion or cancellation o_f ahy public work'buiiding service:contraot.The Bureaus PW 200.9 form is provided for•this purp Hoursose.. ,_ - •'_ _ - : ' , _ A building service employee,employed by a contractor, shall work u p to eight(8 hours in an one,da and u to forty 40 YP 9 O Y Y P rtY( ) hours in any workweek for the appropriate posted prevailing wage rate.A building service employee who works more than i eight(8)hours in any one day or more than forty.(40)hours in any workweek shall be paid wages for such overtime at a rate not less than one-and-one-half(1.5)times his prevailing basic cash hourly rate. i Wages and Supplements - i The wages and supplements to be paid and/or provided to-a building,service employee;employed on a public work 3 contract shall be not fess than those listed in the Prevailing Rate Schedule provided with the awarded contract. In no event i shall the basic hourly cash rate of pay be less than the statutory minimum wage or in a city with a local law requiring a higher minimum wage on city contract work, less than the minimum wage specified in such local law. The Commissioner of Labor makes an annual determination of the prevailing rates,which is in;effect from July 1st through June 30th of the following year.Any errors in the annual determination will be corrected and posted to the NYSDOL website on the first business_day of each month., Contractors are responsible for paying these updated rates as well, retroactive to July 1 st. • t i . a r y I E If a prime contractor on a public work contract has not been provided with a Prevailing Rate Schedule,the contractor must not the Public Agency who in tum must request an original Prevailing Rate Schedule form the Bureau of Public Work. Requests may be submitted by:'mail to NYSDOL, Bureau of.Public Work,State Office Bldg.Campus, Bldg. 12, Rm. 130, Albany,NY 12240;Fax to Bureau of Public Work(518)485-1870;or electronically at the NYSDOL website www.labor.state.hy.us.www.labor.ny.gov. i Upon receiving the'original schedule,the Public'Agency is'REQUIRED to provide complete copies to all prime contractors who in tum-MUST,bylaw,provide copies of all applicable county schedules to each-subcontractor and obtain from each subcontractor,an affidavit certifying such schedules were received.. Payrolls and,Payeoll Records Every contractor and subcontractor` ust keep original_payrolls or transcripts_subscribed and-affirmed as true under penalty of perjury. Payrolls'must be maintained for at least three(3)years from the project's date of completion. Additionally,as per Article 6 of the Labor Law,contractors and subcontractors are required to establish, maintain;and preserve for not-less that six(6)years,_contemporaneous,true,and accurate payroll records. At a minimum,payrolls must show the following information for each�persoh'employed on a-public work project: Name;Address, Last 4 Digits of Social Security number,Classifications)in which the worker was employed, Hourly wage rates)paid,Supplements paid or provided,and Daily and weekly number of hours worked in each classification.-'Payroll records,and transcripts are, required to be kept on site during all the time that work under that contract is being performed. In addition,the Commissioner of Labor may require contractors to famish,with-ten-(10)days of a request, payroll records ; swom to as their validity and accuracy for public,work'and private work.Payroll records include,by are not limited to time cards,work'description sheets; proof that supplements were provided, canceled,'payroll checks and payrolls:Failure to j provide the requested information within the allotted,t_en(10)days will,r' in the withholding of up to 25%of the- contract,-not to exceed$100,000.00. All contractors or their subcontractors shall provide to their subcontractors a copy of the Prevailing Rate Schedule specified in the public work contract as well as any subsequently issued schedules.A failure to provide these schedules by a-contractor`or subcontractor is a Violation'of-Article 9,Section 237 of the Labor Law.The-prime contractor is responsible for any underpayments of-prevailing,wages or-supplements by any subcontractor. ` All subcontractors engaged by a public work project contractor or its subcontractor, upon receipt of the original schedule and any subsequently issued schedules,shall provide to such contractor a verified statement attesting that the subcontractor has received the Prevailing,Rate Schedule and Way or provide the applicable rates of wages and i supplements specified therein. (See NYS Labor':Law,°Article 9. Section 237). Withholding of Payments When a complaintisfiled with the Commissioner'of Labor alleging,the failure of a contractor,or subcontractor to payor'' provide the prevailing wages or supplements,or when the Commissioner of-Labor'believes that unpaid wages or - supplements may be due,payments on the public work contract shall be withheld-from the prime contractor in a sufficient amount to satisfy the alleged unpaid wages and supplements,including interest and civil penalty,pending a final determination.' „ When the Bureau of Public,Work finds that a contfactor'or subcontractor on a public Work contract failed to pay or provide the requisite prevailing wages or supplements,the Bureau-is authorized by Sections 235.2 of the Labor Law to so notify the financial officer of the Public Agency that awarded'the public work contract.Such officer MUST then withhold or cause to be withheld from any payment due the prime contractor on account of such contract the amount'indicated by the Bureau as sufficient to satisfy the unpaid wages and supplements, including interest and any civil penalty that may be ; assessed by the Commissioner of Labor.The withholding continues until there is a final determination of the underpayment by the Commissioner of Labor or by the court in the event a legal proceeding is instituted for review of the determination of the Commissioner of Labor. The Public Agency shall comply with this order of the Commissioner of Labor or of the court with respect to the release of the funds so withheld. I Summary of Notice Posting Requirements The current Prevailing Rate Schedule must be-posted in a prominent and accessible place on the site of the public work contract. Apprentices Employees cannot be paid apprentice,rates unless they are individually registered in a program registered with the NYS Commissioner of Labor.The allowable ratio of apprentices to joumeyworkers in any craft classification can be no greater than the statewide building trade ratios promulgated by the Department of Labor and included with the Prevailing Rate Schedule.An employee listed on a payroll as an apprentice who is not registered as above, must be paid the prevailing joumeyworker's wage rate for the classification of work the employee is actually performing. i I � - r I NYSDOL Labor Law,Article 9,Section 231-7a,require that only,apprenticbkindividually registered with the NYS, Department of Labor may be paid apprenticeship rates,on a'piibli&work project. No otherFederal'or State Agency of office registers apprentices in New York-State. = Persons wishing to verify the apprentice registration of any person must do so in writing by mail,to the NYSDOL Office of EmployabilityDevelopment/Apprenticeship`Trainirig,=State Office Bldg-Campus, Bldg. 12,Albany,•NY.12240-or by-Fax to NYSDOL Apprenticeship Training(518)457-7154.All requests for verification must include the name.and'social security number of the person for whom the information is requested The only,conclusive-proof of individual apprentice-registration is*ritten verification from the NYSDOL',Appreriticeship ` Training Albany-Central office.Neither Federal nor State Apprenticeship Training offices outside of Albany can provide conclusive registration information. It should'be'noted'4hat'the existence of,a registered appreriticeshipprog-ram isnot conclusive proof-,that�any person is' registered in that program. Furthermore,the-existence or possession of wallet cards,identification cards,or-copies of :. state forms is not conclusive proof of the registration of any person as an apprentice. ` Interest and Penalties In the evenfthat an underpayment of wages and/or.supplements is,f6 - Interest shall be assessed at the rate then in effect as prescribed by the Superintendent of Banks pursuant to section 14-a of the Banking Law,per annum from the date of underpayment to the date restitution is made- - ade- A Civil Penalty may also be assessed, not to exceed 25%of the total of wages,supplements,and interest due. i Debarment Any contractor or subcontractor and/or its successor shall be ineligible to submit a bid on or be awarded any public work contract or subcontract with any state, municipal corporation or public body for a period of five(5)years when: j Two(2)willful determinations have been rendered against that contractor or subcontractor and/or its successor within any consecutive six(6)year period. - There is any-willful determination that involves the falsification of payroll records or the kickback of wages or supplements. Criminal Sanctions l Willful violations of the Prevailing Wage Law(Article 9 of the Labor Law)constitute a misdemeanor punishable by fine or imprisonment,or both. Discrimination i No employee or applicant for employment may be discriminated against on account of age,race,creed,color,national origin,sex,disability or marital status. i No contractor,subcontractor nor any person acting on its behalf,shall by reason of race,creed,color,disability,sex or a national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work i to which the employment relates(NYS Labor Law,Article 9, Section 239-1). No contractor,subcontractor, nor any person acting on its behalf, shall in any manner, discriminate against or intimidate any employee on account of race,creed, color,disability,sex,or national origin(NYS Labor Law,Article 9, Section 239- 2). i 3 The Human Rights Law also•prohibits discrimination in employment because of age,marital status,or religion. There may be deducted from the amount payable to the contractor under the contract a penalty of$50.00 for each " calendar day during which such person was discriminated against or intimidated in violation of the provision of the contract i (NYS Labor Law,Article 9, Section 239-3). i The contract may be cancelled or terminated by the State or municipality. All monies due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or conditions of the anti-discrimination sections of the contract(NYS Labor Law,Article 9, Section 239-4). Every employer subject to the New York State Human Rights Law must conspicuously post at its offices,places of employment,'or employment training centers notices furnished by the State Division of Human Rights. I a 8 z3z fl Workers'Compensation t i In accordance with Section 142,of,the State Finance Law,the contractor shall.maintaimcoverage'during the,life of th'e contract for the benefit of such employees as required by the provisions of the NewYork,State Workers'C_ ompensation € Law. A contractor who isawarded a public work contract_must-provide proof-of workers'compensationcoverage prior tobeing allowed to••begin=work: The insurance policy must be issued by a company authorized to provide-workers'compensation coverage in New York State.-Proof of coverage.must be on.-form C-105.2(Certificate of Workers'Compensation Insurance)and must name this agency--as a,certifcate holder. If New,York State coverage is added to an existing out-of-state policy,it can only be added to a policy from a company authorized,tor write workers'compensation coverage inAhis state.-The coverage must,be listed under item 3A of the • . information page. - °s The contractor must maintain proof that subcontractors doing work covered under this contract secured and maintained a workers'compensation policy for all employees working in New York State. Every employer providing worker's compensation insurance and disability,benefits must post notices of such coverage in the format prescribed by the Workers'Compensation Board in a conspicuous place on the•iobsite. Unemployment Insurance ; } Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the jobsite notices furnished by the New York State Department of Labor. I • e - t a 1 - - e E i a , 1 - 3 i a i 1 i • 9 a i f • i s i i t • i New York State Department of Labor j Bureau of Public Work SO BC—Bldg. 12—Rm.130 Albany, NY 12240 www.labor.nygov_ i IMPORTANT NOTICE Regarding Article 9 Building",Service:Contract Schedules Contracts with,PRC#s assigned on,or after 8/1/2010: , S w Building Service'rates-(Article 9)-"Will�-beTdetermined annually<on July 1. They are in effect through June 30 of the following.year. Employers in, -pay the newly, determined'.rates`each year. _ ' • Any corrections or updates to the•annual determination will be posted to the DOL website on the first day of each,month.-Employers are 3 m - r`espon'sil le"for clieclang for:updates each`�ii oath"and'paying these'_. .` updated rates retroactive to July-1st. • The DOL web site has a tae where:_employer"s can enter their'specific z PRC number to find the correct wage rates for their contracts. " i Contracts with PRC#s-assigned PRIOR t6,8/1/2 610: 3 • The rates in contracts with,PRC#s assigned prior to 8/1/2010 will remain effective and extensions to these contracts WILL NOT require a new schedule. i i This is a change to our prior notice. i Article 9 wage schedule information is-now available online. i {I (ArtMotice 7.11) ! I I I Y ' i;, Prevailing Wage Rates for 07/01/2018-06/30/2019 Published by the New York State Department of Labor Last Published on Oct 012018 PRC Number 2018901206 Introduction to the Prevailing Rate Schedule Introduction ; The Labor Law requires public work contractors and subcontractors to pay a service employee under a contract for liuilding;service work for a public agency,a wage of not less than the prevailing wage and supplements(fringe benefits)in the locality for the classification s)in which the worker was employed.Such a public work building service contract must be in excess of one thousand five hundred dollars($1, 500). Requesting a Wage Schedule For every building service contract,the public agency must file a statement identifying the hypes of employees and work to be performed by submitting a Request for Wage and Supplement Information form(PW 39)to the Bureau of Public Work,either online,by fax,or by mail. The Commissioner of Labor makes an annual determination of the prevailing rates.This determination is in effect from July 1st-through June 30th of the following year. The Public Agency must include the specifrcations,for,each building service.contract-the PRC number assiggned to such contract-and, stipulation obligating the contractor to pay not less than the wage rates,set.foith_16 the;Prevailing Wage ScFiedule issued under that PRC ; number. Hours A budding service employee,_employed by a contractor,shall workup to eight:(8).hours-imany one'-day to fo S40)hours in any workweek for thea proprnate posted prevailing-w a rates:A building service employee who works more than eight 8 hours in any one day or more than forty�40 hours in any workweek shall be paid wages for such overtime at a rate not less than one-and-one-half(1.5)times the prevailing basic cash hourly rate. Wages and Supplements i The wages and supplements to be paid and/or provided toa' building service'empioyee,employed'on a public work'contract shall be not less i than those listed in the Prevailing Rate Schedule. A supplemental benefit of paid time of shall be provided as paid leave,or converted to an hourly value paid to the employee.If'paid time i Offis converted to an'houdy monetary value;such an,amount is•to be pard in addition taany other hourly supplements required by.this schedule. { The hourly value for'pard time off would be calculated as follows:hourly wage rate'X 8 hours pper day)(total number of'paid days off divided by 2080 hours.For example:$16.00 per hour wage,rate,X 8 hours per day=.$128.00;$128.00�X 5 paid days off=$640.00;$640.00 divided ; by 2080 hours=$0.31 per hour.The$0.31 per hour amount would be in addition to any other required supplemental monetary amount paid. i AII'paid time oft provided to part-time employees,shall be prorated(divided,distributed,or assessed proportionately)based on fulltime 9 equivalent hours. The amount of'paid time oft-for.part-timeemployees,would be calculated as follows:number of part-time weekly hours divided by 40 - fulltime weekly hours=percentage of'paid time off for part=time'employee."For exampple:a fulftime employee works 40 hours per week and a part-time employee-works-30-,hours per-week(30 hours°divided byA1DAours=;75);If;a fullt_ime employee-is-provided,5 paid vacation-days 3 (5 X.75=3.75),a part time employee would be provided 3.75-paid vacation days.,- Payrolls ays.,Payrolls and Payroll Records Every contractor and subcontractor MUST kee original payrolls or transcripts subscribed and affirmed as true under penally of pe ury. Payrolls must be maintained for at least three-,N years from the projects date of completion. Additionally,as per Article Lab 6 of the or Law, contractors and•subcoritractors are required to establish,maintain,and preserve for not less that six(6)years,contemporaneous,true,and accurate payroll records. i At a minimum,payrolls must show the following information for each person employed on a public work project:Name;Address,Last 4 Digits of Social Security number,Classification(s)in which the worker was employed,Hourly wage rate(s)paid,Supplements paid or provided,and Daily and weekly number of hours worked in each classificabon. Payroll records and transcripts are required to be kept on site"dunng ail_the time that work under that contract is being performed. i NOTE:For more detailed information regarding Article 9 prevailing wage contracts,please refer to"General Provisions of laws Covering Workers on Article 9 Public Work Building Service Contracts". 's i a i i _ a . y Page 10 1 I i Prevailing Wage Rates for 07/01/2018-06/30/2019 Published by the New York State Department of Labor Last Published on Oct 012018 PRC-Number 2018901206 If you have any questions concerning the attached schedule or would like additional information,please write to: New York State Department of Labor Bureau of Public Work State Office Campus,Bldg, 12 Albany,NY 12240 i P OR Contact the nearest BUREAU of PUBLIC WORK District Office I t 3 District Office Locations: Telephone# FAX# Bureau of Public Work-Albany 518-457-2744 518-485-0240 Bureau of Public Work-Binghamton 607-721-8005 607-7214004 d Bureau of Public Work-Buffalo 716-847-7159 716-847-7650 Bureau of Public Work-Garden City 516-228-3915 516-794-3518 Bureau of Public Work=Newburgh 845-5613-5287 845-568-5332 Bureau of Public Work-New York City 212-932-2419, 212-775-3579 # Bureau of Public Work-Patchogue 631-6874882 631-687-4902 - i a Bureau of Public Work-Rochester 585-258-4605 585-258-4708 3 Bureau of Public Work-Syracuse 315-428-4056 315-428-4671 ..Bureau-of Public Work-Utica 315-793-2314. 315-79372514 ' Buread of,Public Work-White Plains _ 9147997-9507; 914-997-9523 Bureau of Public Work-Central Office 518-457-5589 518-485-1870 , f a } 3 r A i I Page 11 4 3 i r � '� Prevailing Wage Rates;for 07/01/2018-06/30/2019 Published by the New York State Department of Labor Last, on Oct 01.2018 PRC_,Number 2018901206 Suffolk County= Suffolk County.Article 9 5 DISTRICT 10 JOB DESCRIPTION Trash and Refuse Removal ENTIRE COUNTIES Nassau,Suffolk WAGES. For use with Transfer Station Operation. a a i Per hour. 07/01/2018 i - i Indus.Truck Driver(Tractor Operator ? $21.40 Laborer/non-construction t $1523 Conveyor operators and tenders $18.43 i i _ 3 Weighers/Measurers $17.27 IMPORTANT INFORMATION: Article 9§230,6."Prevailing wage"means the wage determined by the fiscal officer to be prevailing for the various classes of building service 1 employees in the locality.In no event shall the basic hourly cash rate of pay be less than the statutory minimum wage established by article, nineteen of this chapter,or,in a city with a local law requiring a higher minimum wage-on city contract work,less than the minimum'wage specified in such local law. SUPPLEMENTAL BENEFITS Per hour: $2.00 OVERTIME PAY I See(B,82)on OVERTIME PAGE HOLIDAY Paid: See(1)on.HOLIDAY PAGE 10;NYS/R&S-Tr'ans.Station.Ops JOB DESCRIPTION Trash and Refuse Removal DISTRICT 10 - ENTIRE COUNTIES Bronx,Kings,Nassau,New York,Orange,Putnam,Queens,Richmond,Suffolk,Westchester WAGES Per Hour: Effective Penod: 07/01/2018 04/01/2019 MEDICAL WASTE REMOVAL w Driver(Chauffeur) $22.12 $23.02 3 i i Helper 16.37 19.27 Tractor Trailer Driver 24.62 25.52 IMPORTANT INFORMATION: Article 9§230.6."Prevailing wage"means the wage determined by the fiscal officer to be prevailing for the various classes of budding service employees in the locality.In no event shall the basic hourly cash rate of pay be less than the statutory minimum wage established by article nineteen of this chapter,or,in a city with a local law requiring a higher minimum wage on city contract work,less than the minimum wage specified in such local law. SUPPLEMENTAL BENEFITS I The following is required addition to the wages. 07/01/2018 04/01/2019 Page 12 e a • B r � Prevailing Wage Rates for 07/01/2018-06/30/2019 Published by the New York State Department of Labor Last-Published on Oct 01 2018 PRC Number 2018901206 Suffolk County Rate per Hour: $11.67 $12.53 Vacation: f 1 year of service but less than five years (I b)days i 5 years of service but less than ten years (15)days 10 years of service (16)days 11 years of service (17)days 12 year;of service (18)days 13 years of service (19)days i 14 years of service (20)days 20 years of service (21)days• 21 years of service (22)days } 22 years of service (23)days 23 years of service (24)days_ 24 years of service (25)days Hired prior to 04/01/2017 10 days off with pay Hired on or after 04/01/2017 5 days off with pay Plus on 5th year anniversary 2 days off with pay Plus on 10th year anniversary 2 days off with pay Paid time off for part-time employees shall be prorated.(See"Introduction to the-Prevailing Rate Schedule"page 10,'Wage and Supplements'heading,for a detailed explanation.) j OVERTIME PAY See(B,B2,S)on OVERTIME PAGE Overtime Description: The sixth day of work in a work week is paid at time and one-half the regular hourly rate,the seventh day of work in a work week is paid at i double time the regular hourly rate. HOLIDAY , Paid: See(5,6,25)on HOLIDAY PAGE 10-813 MW ; JOB DESCRIPTION Trash and Refuse Removal DISTRICT 10 ENTIRE COUNTIES i Nassau,Suffolk WAGES I Per hour: 07/01/2018 $28.27 IMPORTANT INFORMATION: Article 9§230.6."Prevailing wage"means the wage determined by the fiscal officer to be prevailing for the various classes of building service I employees in the locality.In no event shall the basic hourly cash rate of pay be less than the statutory minimum wage established by article nineteen of this chapter,or,in a city with a local law requiring a higher minimum wage on city contract work,less than the minimum wage specified in such local law. SUPPLEMENTAL BENEFITS I Per hour: $2.00 OVERTIME PAY ' See(B,62)on OVERTIME PAGE HOLIDAY Paid: See(1)on HOLIDAY PAGE 10-NYS/RBCS i i i . i Page 13 ! Prevailing Wage Rates for 07/01/2018-06/30/2019 Published by the New York State Department of Labor Last Published on Oct 012018 PRC,Number 2018901206 Overtime Codes Following is an explanation of the code s)listed in the OVERTIME section of each classification contained in the attached schedule. Additional requirements may also be listed in the HOLIDAY section. i NOTE:Supplemental Benefits are'Per hour worked'(for each hour worked)unless otherwise noted (AA) Time and one half of the hourly rate after 7 and one half hours per day (A ) Time and one half of the hourly rate after 7 hours per day f (B ) Time and one half of the hourly rate after 8 hours per day I (B1 ) Time and one half of the hourly rate for the 9th&10th hours week days and the 1st 8 hours on Saturday. i Double the hourly rate for all additional hours 1 3 (62) Time and one half of the hourly rate after 40 hours per week I (C ) Double the hourly rate after 7 hours per day { (Cl ) Double the hourly rate after 7 and one half hours per day (D ) Double the hourly rate after 8 hours per day i (D1 ) Double the hourly rate after 9 hours per day i (E ) Time and one half of the hourly rate on Saturday (E1 ) Time and one half 1st 4 hours on Saturday; Double the hourly rate all additional Saturday hours I (E2) Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather i i (E3) Between November 1st and March 3rd Saturday may be used as a make-up day at straight time when a day is 3 lost during that week due to inclement weather,provided a given employee has worked between 16 and 32 I hours that week { e E4 Saturday and Sunda maybe used as a make-upda at straight time when a da is lost duringthat week due i ( )_ Y Y y -- _ - y Q - -y - f to inclement weather 1 (E5) Double time after 8 hours on Saturdays (F ) _Time and one half of the hourly rate on Saturday and Sunday (G ) Time and one half of the hourly rate on Saturday and Holidays i t (H ) Time and one half of the hourly rate on Saturday,Sunday,and Holidays ; 3 (I ) Time and one half of the hourly rate on Sunday (J ) Time and one half of the hourly rate on Sunday and Holidays (K ) Time and one half of the hourly rate on Holidays a (L ) Double the hourly rate on Saturday j (M ) Double the hourly rate on Saturday and Sunday i (N ) Double the hourly rate on Saturday and Holidays (0 ) Double the hourly rate on Saturday,Sunday,and Holidays I (P ) Double the hourly rate on Sunday (Q ) Double the hourly rate on Sunday and Holidays 1 (R ) Double the hourly rate on Holidays j f (S } Two and one half times the hourly rate for Holidays,if worked 1 t Page 14 { 1 h V. x ,� x Prevailing Wage Rates for 07/01/2018-06/30/2019 Published,by the New-York State Department of Labor Last Published on Oct 012018 PRC Number 2018901206 (S1) Two and one half times the hourly rate the first 8 hours on Sunday or Holidays One and one half times the hourly rate all•additional hours. (T ) Triple the hourly rate for Holidays,if worked , (U ) four times the hourly rate for Holidays,if worked (V ) Including benefits at SAME PREMIUM as shown for overtime = (W ) Time and one half for benefits on all overtime,hours. ;-,. ;,• 1 (X ) Benefits payable on Paid Holiday at straight tiine.7f-worked,additional benefit amount wilPbe required for worked hours.(Refer to other codes listed,) i . 1 - 9 1 i I f i , • i 1 , , , i i I Page 15 a - 1 • Prevailing Wage Rates for 07/01/2018-06/30/2019 Published by the New York State Department of Labor Last Published or--W 612018 PRC Number 2ol8901206 Holiday Codeg PAID Holidays: Paid Holidays are days for which an eligible employee receives a regular day's pay,but is not required to perform work.If an employee works on a day listed as a paid holiday,this remuneration is in addition to payment of the required prevailing rate for the work actually performed. OVERTIME Holiday Pay:. Overtime holiday pay is the premium pay that is required for work peiformed on specified holidays.' It is only required where the employee actually performs work on such holidays. The apppplicable holidays are listed under HOLIDAYS:OVERTIME.The required rate of pay for these covered holidays can be found in the OVERTIME•PAY section listings for each.classification. Following is an explanation of the code(s)listed in the HOLIDAY section of each classification contained in the attached schedule.The Holidays as listed below are to be paid at the wage rates at which the employee is normally classified. (1 ) None (2) Labor Day (3) Memorial Day and Labor Day (4) Memorial Day and July 4th (5) Memorial Day,July 4th,and Labor Day (6) New Year's,Thanksgiving,and Christmas (7) Lincoln's Birthday,Washington's Birthday,and Veterans Day (8) Good Friday (9) Lincoln's Birthday (10) Washington's Birthday. (11 ) Columbus Day (12) Election Day (13) Presidential Election Day (14) 1/2 Day on Presidential Election Day (15) Veterans Day (16) Day after Thanksgiving (17) July 4th (18) 1/2 Day before Christmas (19) 1/2 Day before New Years (20) Thanksgiving (21 ) New Year's Day (22) Christmas (23) Day before Christmas i (24) Day before New Year's , i (25) Presidents'Day (26) Martin Luther King,Jr.Day (27) Memorial Day (28) Easter Sunday f Page 16 i i