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Home My WebLink AboutRecyclable Materials Disposal RESOLUTION 2020-93 R ADOPTED DOC ID: 15948 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2020-93 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 14,2020: 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: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Nappa,Doherty, Ghosio, Evans, Russell ABSENT: James Dinizio Jr r�tSFFQL E Ci 0 V ® k Mr FEB 2 4 2020 J Southold 'Town Clerk Office of the Town Attorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Mary Silleck Secretary to the Town Attorney Date: February 24, 2020 Subject: IMA between Town of Southold and Town of Smithtown Disposal of Recyclables 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 a � INTIERMUNICIPAL 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: 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 entered into agreements with various contractors pursuant to Town of Smithtown Bid No. 19-084 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 or 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. 19-084; 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 ti A) the removal and processing of certain items of curbside recyclable material by various contractors pursuant to Town of Smithtown Bid No. 19-084. 2. Definitions A. The term"Comin leg d-Recyclables with Glass"shall mean ferrous cans,non-ferrous cans,both#1 and#2 plastic bottles and glass bottles and containers. B. The term "Comin le�cyclables 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 !Regyclables"-shall-mean--material-capable of- - being removed and processed pursuant Town of Smithtown Bid No. 19-084 under Item 2A, Item 2B, and Item 2C, 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"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. K. The term "Unacceptable Material" shall mean any and all Solid Waste, other than Hazardous Waste,which does not,conform to the material requirements of the MSF. Examples of Unacceptable Material are set forth in Exhibit A hereto. 3. Term. The base term of this Agreement shall commence upon execution and shall expire six(6)months from the date thereof. Upon the expiration of the base term,this Agreement may be extended for four (4) additional terms of six (6) months, by mutual agreement of �. �► A Ad , m the Parties,in writing,made not less than thirty(3 0)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 LS WMP 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. 19-084. A copy of the specifications for Town of Smithtown Bid No. 19-084 is attached hereto as Exhibit"D". 6. Delivery and Acceptance of Recyclables. Commencing upon execution, 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 2A Alternate, 2B Alternate, and 2C of Town of Smithtown Bid No. 19-084. 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,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 eighteen dollars($18)per ton for each ton of discrete glass delivered to the MSF pursuant to this Agreement. C. Southold shall pay to Smithtown a fee of ninety-one dollars ($91)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 seventy-nine dollars and ninety-eight cents($79.98)per ton for each ton of comingled recyclables without glass delivered to the MSF pursuant to this Agreement. E. Southold shall pay to Smithtown :a fee of thirty-nine dollars ($39) 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 degreCof 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. 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. - x y 11. Facilfty 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 tight 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_(3.0) 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(3 0) 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-Conforming Loads. 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. _ 1 - J AI 15. Insurance. Each parry hereto shall proceed on a self-insured basis,provided however,that all delivery vehicles shall be insured as required by law. 16. IndeplWly 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 parry 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 claim_ s 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 I _ a } 6155 Cox Lane P.O.Box 962 Cutchogue,New York 11935 Phone: (631) 734-7685 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 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 be valid and be enforced to the fullest extent permitted by law. - - - -�------_gam,..__..-.--- - -- -- - --- .. - -- ------ ----_ -- - - - - - - 22. No Assi ent. 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. 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 1 Y .r 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(other than by or of Smithtown) 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] 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: � � a3` ,201V TOWN OF SOUTHOLD i Scott A. ussell, Town Supervisor Dated: F 3 TOWN OF SMITHTOWN Edward R.Wehrheim,Tp4n Supervisor STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ,ab4c) On the a3' I day of 201-9,before me personally came Scott A. Russell,to me 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.01ST6164008 Qualified in Suffolk County SS: Commission Expires April 8,2023 COUNTY OF SUFFOLK) On the day ofd before me personally came Edward R. Wehrheim, to me known,who,being by me duly sworn, did depose and say that he is the Supervisor 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 th./7own Board of the Town of Smithtown. r Notary Pub c DION M LS Notary Public, State of New York No.01 M16322956 Qualified in Suffolk County c2_S Commission Expires April 13,20 EXHIBIT A I. List of Glass Recyclable Materials that are Acceptable at the Smithtown MSF: • Glass containers: Bottles and jars (brown, clear or green)used for food, liquids, beverages, soda, and water. II. List of Examples of Unacceptable Materials at the MSF includes but is not limited to: • Anti-freeze Containers • Batteries • Cat litter • Ceramics • Chemicals or household hazardous waste.No bottles or cans of oil,pesticides, gasoline or chemicals. • Coat Hangers • Contaminated paper products. No used napkins, paper towels, waxed paper, paper plates or tissue. • Drinking Glasses • Dry cleaning bags • 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 A` ` ! • s+ k + U - 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. a. 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. a EXHIBIT D Town of Smithtown Bid No. 19-084 Specifications K ♦ �i A �. 1 t i - . L L BID: 19-0084 age 1 of 42 Town of Smithtown Purchasing Department Phone:(631)360-7631 purchasingOsmithtownnvgov Fax (631)360-7681 Bidder's Name Address City State Zip i 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 proposes to fumish 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 freight charges to any IVlunicipal_.building_or site within the Town of Smithtown. - I depose and state that I have knowledge of the matters here in 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. Signature Printed Name Title State of New York, County of Suffolk) On the day of in the year , before me, the 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 rye that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(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.smitht21yngy&2v s ► BID: 19-0084 age 2 of 42 NON-COLLUSION BIDDING CERTIFICATION For individual or partnership (Corporations are to complete the certification on the following page) By submission of this bid or proposal, the bidder and 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 agreement, for the purpose of restricting competition, with any other bidder or with any competitor or potential competitor; .-_ _(B)- - This-bid- or proposal has-not been knowingly disclosed and wilf--not-be ---- knowingly disclosed, prior to 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 induce 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•statements contained in this certification, and under the,penalties of-perjury;afftims tfie Guth-thereof,=such penalties being applicable to the bidder as well,as to the person signing in its behalf. By Individual signature Title(if partnership) Witnessed by Individual signature Address' 1 : BID: 19-0034 age 3 of 42 CORPORATE NON-COLLUSION BIDDING CERTIFICATION By submission of this bid or proposal, the bidder 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 proposal has not been knowingly disclosed and will not be knowingly disclosed prior to the opening of bids or 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 submit a bid proposal; (D) The person signing this bid or proposal certifies that he is fully informed regarding-the accuracy W--the statements-contained-in-this certification,-- and under penalties of perjury, affirms the truth thereof, such'penalties being applicable to the bidder as well as to the person signing on its behalf; 4 (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. RESOLVED that __ (individual's name) _ (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, inaccuracies or misstatements in such certificate this corporate bidder shall be liable under penalties of perjury. The foregoing is a true and correct copy of the resolution adopted by at a meeting of its (Name of corporation) Board of Directors on the day of , 20 Authorized_ signature (Corporate seal) t ♦ r, to J K s i R , BID: 19-0084 age 4 of 42 PUBLIC DISCLOSURE STATEMENT REQUIREMENTS To be considered responsive to this Bid and to receive,an award the attached public Disclosure Statement must be completed and returned with the Bld at the One the Bids are opened. 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. f 2. List the names and addresses of any 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 contractor/vendor. 3. Table ofOrganization a. List names and addresses of all individuals serving on the Board of Directors or comparable body of-the contractor or vendor. r' BID: 19-0084 age 5 of 42 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-contracfot or vendor. i 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_goyernmental junsdict on 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. BID: 19-0084 age 6 of 42 '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 speck. performance or restitution in connection with any contract or lease with any such entity. { } I affirm that the above is true { } I cannot affirm for the following reasons: 7. Within the past five (5) years_, the bidder, principal(s), owner(s), officer(s), and Ji percent-6f-five- f five percent (5%) or more of the outstanding sfock has notbeen the subject of an indictment, judgment or conviction for any business related conduct constituting a crime involving the offense(s) of extortion, coercion, bribery,. theft, fraud, sabotage, collusive bidding/bid rigging, conspiracy and/or attempts of any of these offense(s). { } I affirm that the above is true { } I cannot affirm for the following reasons: 8. VERIFICATION This,section must be signed by an officer or principal of the contractor or vendor authorized 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. Signed Print Name Title Date i BID: 19-0084 age 7 of 42 IRAN ENERGY SECTOR DIVESTMENT CERTIFICATION PURSUANT TO NEW YORK 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 ("SFL") §165-a and General Municipal Law ("GMU) §103-g. The Iran Divestment Act, with certain exceptions, prohibits municipalities,_including the Town of Smithtown, from entering into contracts with persons engaged in investment activities in the energy sector of Iran. Pursuant to the terms set forth in SEL§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 sector of Iran,including a person that provides oil orliquefied natural gas tankers,or products used to construct or maintain pipelines used to transport oil or liquefied natural gas,for the energy sector of Iran;or (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. A bid or proposal shall not be considered for award nor shall any award be made where the bidder or proposer fails to submit a signed and verified-bidder's certification. Each bidder or proposer,must-certify that-it is-not-on-the hstt�af entities-engagedin-investmentactivities-irr1ran 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 certify that they are not on such list, the bidder or proposer shall so state and shall furnish with the bid or proposal a signed statement which sets forth in detail the reasons why such statement 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, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran;or (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 apublic document. «! t t r BI6: 19-0084 age 8 of 42 BIDDER'S CERTIFICATION OF COMPLIANCE wnE IRAN ENERGY SECTOR DIVESTMENT ACT Pursuant to General Municipal Law §103-g, which generally prohibits the Town of Smithtown from entering into contracts with persons engaged in investmetrt activities in the energy sector of Iran, the bidder/proposer submits the following certification [Please Check One of the Following]: [ ] By submission of this bid,or,proposal, each bidder/proposer and each person signing on ' behalf of any bidder/proposer certifies, and in:the case of a joint bid each party thereto certifies as to,its own organization,-under penalty of perjury,that to the best of its knowledge and belief, that ach bidder/proposer is not on the list created pursuant to paragraph(b) of subdivision 3 of Section 165-a of the State Finance Law. [ ] I am unable to certify that my name and the name of the bidder/proposer does not appear on the list_createdpursuant to paragraph(b) of subdivision 3 o€-Sectiorr-lCrS-a-of the-State-Finance Law.I have attached a signed statement setting forth in detail why I cannot so certify. Signature Print Name .Title Date- Sworn ate-Sworn to before me this day Of ,20 Notary Public x ' BID:19-0084 age 9 of 42 BID TERMS AND CONDITIONS 1. Responses to this Bid musf 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 ba-inserted in ink or by typewriter. Bidders may not bid multiple.products for a single bid item. -If a bidder offers more than 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. All 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 items) supplied/installed pursuant,to such award shall be in accordance with F these Terms and Conditions.All Bid specifications shall be considered integral parts of this,proposal/contract and shall be governing factors for parts, materials and/or services called for byIthis Bid. Unless provided otherwise, the term "Bid" r 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_m_ust-clearl ,identify-the requirement as_stated_in-the-bid - and the proposed deviations. Non-material variances may be waived'by the Town. Otherwise, the Town will deem the goods as delivered as specified, and upon receipt and inspection of_the goods, the Town shall have the authority to return the goods for noncompliance with the specrication. 4. Unless otherwise specked, all Bids must be for new items. 5: Unless prohibited elsewhere in the specifications, when Bid specifically designates manufacturer, trade name,- catalog reference, patented product or brand name, it is to be understood that the designation represents an accepted 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 standard. The Bid proposal must then be plaihly'identified as an alternate and must be accompanied by required-information pertaining to the alternative'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 aftemative may, be asked to supply the Town of Smithtown with a sample and proof of compatibility, including appropriate catalog 'excerpts, descriptive literature, specifications,test data, etc... r ♦ i ,n t Y ♦ i BID: 19-0084-age 10 of-42 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 must be submitted.free of charge. The Town reserves-the right not-to,-award'a contract,�to any bidder that=submits samples which; in-the sole judgement of the Town, are not in accordance,with the bid specifications. Submission.,of a sample and approval thereof shall.not..relieve the bidder from full, compliance with all terms and conditions, performance related and ' otherwise; specified:-in the-Bid-specifications.,-Samples will, be retained by the Town-for thirty (30}days frorri,.the bid-opening,date. The Town may consume, use or_de6troy any/all,samples. Samples must-be removed by the bidder, at the bidder's expense, within thirty (30)days thereafter. Samples remaining with the Town beyond' sixty (60), days from the bid opening date shall become sole property of the Town- and--the Town. shall have the right to .dispose of -the samples at no cost or liability-to the Town. 7. It is the responsibility of the Bidder to submit a Bid in accordance with the Bid spec cations. It will-be presumed that by the bid,opening date, the,Bidder (1) _ ___has-met-all- Pre-Bid-requirements.-including Pre-Bid.work site-tours-and-Bidder____ meetings, (2) has examined' all documents, drawings, Bid' requirements, specifications and addenda. Failure to do so shall in no way relieves Bidder from any obligation in respect to the Bid. 8. Bid deposits, if required, will be returned to unsuccessful bidders after the bid has -been awarded. A successful bidder's deposit will be _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 Contractor•Nendor pursuant to the bid specifications. 9. The Successful Bidder-is to supply, deliver and install all Bid items including parts/ accessories not specifically, mentioned, in the Bid specifications, but deemed necessary to complete the.bid item unless otherwise noted. All parts/ accessories are to be included in the Bid price. 10.Unless otherwise specified in the Bid document, all items supplied and/or installed and/or work performed as a result of an Award of a Bid shall be guaranteed by the contractor for a one (1) year period (commencing upon acceptance by the Town),against any and all defects-resulting from improper design, materials, workmanship, construction or installation. Immediately after receiving notice of such defects the Successful Bidder will .make good by replacing same, at,Bidder's sole expense and without additional .cost to the Town of Smithtown. 11.At its discretion the Town Board of the Town of Smithtown reserves 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 Municipal law. 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 class awards when it is in the best interest of the Town. Y 4 BID:.19-00'84 age 11 of 42 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 the sole 'discretion of the Town of Smithtown. Unless stated otherwise Requirement-Contracts may be extended for upr to two additional years beyond the initial contract period. In addition to any stated extension period, in the event a replacement Contract for-the goods andlor 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 theJown for 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--ex_tension), -.prices-.and _delivery.requirements.-.- Notwithstanding, in'the event 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--iight--io�term-inate:this:;Contract:-in-the--.event it is-found- that the certification filed by the Bidder was intentionally false or intentionally incomplete, and upon such finding,'the Town may exercise its termination right by providing written notification to the Bidder. 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 Bed requirements or that the experience, qualifications, financial standing, or-facilities are not satisfactory, a 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. 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. 1'6.All Bid Forms must be completed as required... 17.To avoid a conflict of interest, Bidders shall not be Town Employees. ti BID: 19-0084 age 12 of 42 18.When applicable, in contracts for service when the- Vendor is required to perform work on Smithtown Town-Property or in Smithtown Town Facilities, the Successful Bidder agrees to obtain from an insurance company authorized to do business in the-State of New York, and keep in full force and effect during the term of this contract, at its own cost and expense, all insurance required under this paragraph. Certified copies of the original insurance policies or riders shall be submitted to-the Town prior to the contract-signing. Such- insurance shall not be terminated, cancelled, modified, or changed by the Contractor or Insurance Company, except on thirty (30) days prior written notice sent by the Insurance Company via registered mail to the Town. The Contractor and any subcontractors shall not commence any work and this Contract shall not I effective until the.following insurance coverages have been approved by the Town: WORKER'S COMPENSATION The Contractor shall provide, and maintain during the life of this contract, Worlaiian s Compensation and Disability Insurance for all-of his-employees covering all operations under this Contract, whether performed by the Contractor or by his subcontractors. LIABILITY, PERSONAL INJURY AND PROPERTY DAMAGE The Contractor shall provide and maintain during the life of this Contract, Comprehensive General Liability Insurance at the following minimum limits and shall name the Town, of Smithtown, its officers, agents and employees as additional insureds thereunder: $500,000 Occurrence; $1,000,000 Aggregate. OWNER'S PROTECTIVE When expressly required in the bids detailed sceftations, the Contractor shall provide and maintain during the life of this Contract, Owner's Protective Comprehensive General Liability Insurance, naming the Town of Smithtown as insured, to protect the Town from claims arising from the operations of the contractor and his subcontractors for damages or 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 representatives 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. 19. Bid quotations/pricing submitted in response to this Bid must remain firm for at least forty-five (45) days. BID: 19-0084 age 13 of 42 20.Bid quantities may be exact or may be estimates. During the contract period, in no way is the Town of Smithtown obligated to purchase any items; In no way is the Town-of Smithtown obligated to,purchase-the specified quantities. 21.Under similar circumstances, the -prices set forth herein, as submitted by the', Bidder,.-are extendable to any Department of the Town of Smithtown upon the same terms-and conditions. 22.The Town of Smithtown reserves the right to cancel any contract resulting from this Bid-for non-compliance/default/breach by the Vendor at any time, by written notice. Should the Lowest, Responsible, Responsive Bidder (the Successful Bidder) fail to perform work, supply.items or seance 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 Bide may be rescinded and reawarded to the next Lowest, Responsible, Responsive Bidder. In the event that the Selected Bidder does not fulfill the contract in whole or in part due to default the Town`reserves . the- right"to procure the goods or services from. other sources and hold the Selected,Bidder responsible for any excess cost, expenses, or damages. 23.Payment will be made only at the completion of contract to the satisfaction of the Town. The Town may reserve payment until the service rendered or the items delivered satisfactorily meet specifications, the expected performance and quality. 24.The Vendor shall comply with Section 109 of the General Municipal Law of 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-contracfto any othdr person=or corporatiowwithout previous consent in4riting of the Town. 25.The Town may, at any time and- without cause, suspend or terminate this Contract upon the occurrence of any one or more®f the following events: A. The Contractor fails to perform the work as specified in the Contract, or otherwise violates in anyway any provisions of the Contract Documents. B. The Contractor/Vendor is adjudged-bankrupt or insolvent. C. The Contractor/Vendor makes a general assignment for the benefit of creditors. v D. A trustee or receiver is appointed for the ContmatorNendor or for any of his property. E. The-ContractodVendor files a petition to,take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws. F. The ContractorNendor disregards laws, ordinance, rules, regulations, or orders of any public authority having jurisdiction. G. The Contractor/Vendor disregards the authority of the Town of Smithtown. , ♦ a • 1 BID: 19-0084 age 14 of 42 H. The ContractorNendor fails to make prompt payments to subcontractors or for labor, materials, or equipment. I. The Contractor/Vendor fails to supply sufficient workmen, or suitable materials or equipment to complete the work. J. A change in Law. 26.INDEMNITY The ContractorNendor shall protect, defend, indemnify, and hold the Town, its agents, officers and employees harmless from any and all claims, actions, suits, proceedings, arbitrations, awards, liens, orders, judgments, penalties, fines, executions, damages, costs and attorney's fees of any nature by any person or entity for any act or failure to act on the part of the ContractorNendor and/or liability arising under this Contract that arises or is alleged to have arisen from the operation or execution of this, contract, which shall be deemed to include, but not be limited to, bodily injury, personal injury, wrongful death or property damage.--" The- ContractorNerfdor shall --be liable--and'-be---rftponsi6le for - - damages, actual, consequential, special and indirect damages included, which arise, are caused by or brought about as a result of his activities with respect to the work under this Contract, and /or arising from the Contractor's/Vendor's 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 the individual member thereof and their agents, from Ind against any damage, penalty, fine,judgement,exp_ ense, or charge suffered, -imposed,--assessed_, -or--incurred for-any violation-or breach of any law;" ordinance, rule, order, or regulations occasioned by any act, neglect or omission of the ContractorNendor, its agents or employees. Furthermore, in the event of any violation -or breach of any law, ordinance, rule, order, or regulation occasioned by any act, neglect or omission of the ContractorNendor, its agents or employees in case the Town or its representatives shall deem any conduct on the part of the Contractor/Vendor, its agents, or employees to be objectionable or improper, the Town shall notify the ContractorNendor by registered mail, return 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 is not rectified, then the Town shall have the right to, at once, declare this agreement terminated without further notice to the ContractorNendor. If a good faith effort is made on behalf 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 BID: 19-0084 age 15 of 42 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, 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. 28.SEVERABLITY 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 so adjudged or determined to be illegal, unlawful or unconstitutional. 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 read and enforced as though it were included herein. 30.GOVERNING LAW AND VENUE This I 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, and neither the Town or Contractor shall object to the commencement or maintenance of such action, suit or proceeding in such court based on improper venue, forum cion 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. 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, orders and/or regulations of any governmental entity in conjunction with the performance of the Contract. 1 + r • �r lc c BID: 19-0084 age 16 of 42 33.AMENDMENTS 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 taw 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 shalt not be deemed 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 or Contractor in the preparation - andfor---production of-a- Bid or-Proposal or for any work performed-prior-to--the effective date of the Contract. 36. NOTICES Any notification or correspondence will be deemed properly given if delivered to ContractoWendor at the address provided in connection with a Bid or Proposal. 37.APPRENTICESHIP TRAINING PROGRAMS The Town of Striifhtown- requires_any- contractor' or subcontractor, -prior to entering into a Construction Contract with the Town of Smithtown, to have 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 Commissioner 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 Construction Contract awarded by the Town, or the aggregate value of the individual Construction Contracts on multi-prime contracts that comprise a Project, is in excess of$500,000, the Contract(s) will be subject to Town Board Resolution No. 240-2009, which requires that firms entering into Contracts with the Town for such work to participate in registered 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. BID: 19-0084 age 17 of 42 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, equipment purchases and federally funded contracts. (2) if a specific trade required for performance of a Contract or project does not have' a - New York State .Department of Labor approved apprenticeship training-program at the time of the award of a Contract.- (3) if a single bid is received for a,Contract subject to this policy from a Contractor r 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 or reject-all bids--andz re-advertise in-the-manner-outlined-by-Section 'I'03-of-the General Municipal Law. Within ten(10) working,days of the date of receipt of not cation 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 firm's subcontractors' participation in approved apprenticeship training programs. If the Contractor does not comply 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 training program_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 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. ' 4 BID: 19-0084 age 18 of 42 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 by the Town Purchasing Director. Changes to purchase orders are not permitted without prior written approval from the Town. 2) Vendor shall be responsible-for delivery of supplies in good condition at point of destination. All,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 cost hereof quoted. Inspection of -- --delivery-will--be-made-at-point-of delivery, unless-otherwise--noted:-The;-Town-of - - Smithtown reserves the right and return 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. 4) Upon notification of Award, the Bidder shall comply with all Federal, State and Local laws relative, thereto. 5) Vendor shall comply with as`applfc6le;— ® Sections 220, 220A, 2208, 220C, 2201), 220E; and 222 sof 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 this order. © The Vendor shall comply with Section 103A and 103B of the general Municipal Law pertaining to disqualifications of contractor for failure to waive immunity before a Grand Jury: ® 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 BID: 19-0084 age 19 of 42 intending,to seek"an.exemption from disclosure of these materials under F.O.I.L. (e.g., for trade secrets or infoniiation 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 th&law. • PREVAILING WAGE RATE Attention is directed-to the provisions of.the Labor Law of the State of New,York, applicable to the employment of labor at the site of the project, all of which shall be conformed to by the ContractorNendor. Prevailing rates of wages and employment conditions shall conform to the requirements of the Labor Law-,6f the State of New York. Each ---laborer,--workmen,- or mechanic employed -by, th -C-ontractor/Vendor, u subcontractor, or others for the performance of their work shall be paid not' less than the prevailing rate of wages and shall be provided supplements not less than the prevailing supplements. The filing of 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 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_constr_uction safety and-heafth_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 Order shall act as a tax exemption certificate. 7) The provisions of the New York State Fair Trade Law (Feld Crawford Act) and the Federal Price Discrimination Law (Robinson-Patman Act) are not applicable to purchases made by the Town of Smithtown. ` I _ BID: 19-084 page 20 of 42 I. 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: J Category 1 - Unprocessed Curbside Single Steam Recyclables Category-2 - Unprocessed-Curbside Dual Stream_Recyclables Category 3 —Source Separated Curbside Dual Stream Recyclables Separate alternate pricing is requested for Categories 1 and 2 based on the additional projected annual volume of Smithtown and several other neighboring municipalities. All other terms and conditions of the bid will remain unchanged. f Each Bid Category contains a number of line items for which pricing is requested. Bidders need not submit offerings for all categories,line 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 items)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 hours of 7:15, am and 2:30 pm, Monday — Friday, excluding holidays. The Town will load materials onto trailers supplied by the bidder. All trucks will be loaded in accordance with New York State and vehicle weight laws and regulations. The price bid shall include pick-up and 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:of the Towns facility in''Kings Pail;;NY.` Title to and risk of--- loss f-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 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 shall not be responsible in any way'for any material upoa 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 AND MATERIALS CANNOT BE RETURNED FOR PROCESSING OR 1 BID:19-084 page 21 of 42 STORAGE WITH N THE GEOGRAPHIC BOUNDARIES OF THE TOWN-OF 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 sortie fg acility,located at 85 Old Northport Road.,Kings Park,N.Y. 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. 3. CONTRACT TERM: The duration of this contract is six (6)months,from on or about October 1, 2019 through on or about March 31, 2020 and is,extendible by mutual consent pursuant to Section 13. 4. PRICING: Bidder shall provide a current monthly price (September 2019). The Town will permit prices'to change on a monthly basis.If the adopted price index, in the Town or the Bidder's estimation, is no longer reflective of the prevailing - hiarket"-c6nditions 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. 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 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 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. 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). Y BID: 19-084 page 22 of 42 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 ali billing. The Town's weight ticket shall be the sole means for determining-proof-of the total amount of material picked up by the Bidder. No other method or documentation shall be utilized for determining the total amount of due hereunder. All estimated quantities stated in this document are approximations. Variances exist because historical data was compiled from different years of the Towns operation processing operation(single stream years vs. dual stieam years). 11. QUESTIONS: Questions about this solicitation shouli be addressed to the Town -V - - - -of Smithtown-Sanitation-Department at(63 1)269-660Q - -- - - -- -- J BID: 19-084 page 23 of 42 QUOTATION Procurement Identification Number 19-084 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 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 lawful manner. SMITHTOWN VOLUME ONLY Estimated annual volume generated: 0 tons. This will include a mixture-of- -Aluminum: Cans, 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: -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) -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. r These materials may contain up to 5% contaminants byweight. BID: 19-084 page 24 of 42 .. QUOTATION Procurement Identification Number 19-084 Company Name: 1 (A): Unprocessed Curbside Single Stream Recyclables including GLASS SMITHTOWN VOLUME ONLY Price per ton, picked up from 85 Old Northport Road Icings Park for $ September, 2019 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 W the Town Indicate proposed price adjustment index to be used (monthly)_ f BID: 19-084 page 25 of 42 QUOTATION - Procurement Identification Number 19-084 Company Name: CATEGORY 1 - Unprocessed Curbside Single Stream Recyclables ALTERNATE VOLUME 1 (A): Unprocessed Curbside Single Stream Recyclables including GLASS 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 full title and possession of the materials upon receipt, and process and market them in a --- lawful-manner-.--- - -- Estimated annual volume generated: 8,500 tons. 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 fiom neighboring municipalities. These materials may contain up to 5% contaminants by weight. Price per ton, picked up from 85 Old Northport Road Kings Park for $ Se tember,.2019 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 BID: 19-084 page 26 of 42 QUOTATION Procurement Identification Number 19-084 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'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. SMITHTOWN VOLUME ONLY Estimated annual volume generated: 0 tons. Thiswill-Include-a mixture of.'- -Aluminum: Aluminum: Cans, 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. -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 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 byweight. BID: 19-084 page 27 of 42 QUOTATION Procurement Identification Number 19-084 Company Name 1 (B): Unprocessed Curbside Single Stream Recyclables excluding Glass SMITHTOWN VOLUME ONLY Price per ton,,picked up from 85'01d Northport Road icings Park for $ September, 2019 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 1by the bidder Check one Paid to the Bidder by the Town Indicate proposed price adjustment index to bb used (monthly) BID: 19-084 page 28 of 42 QUOTATION Procurement Identification Number 19-084 Company Name 1 (13): Unprocessed Curbside Single Stream Recyclables,excluding GLASS ALTERNATE VOLUME 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 lawful manner. Estimated annual volume generated: 0 tons. This Vill 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 neighboring municipalities. These materials may contain up to 5% contaminants by weight. Price per ton, picked up from 86 Old, Northport Road Kings Park for September,,2019 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 _ BID: 19-084 page 29 of 42 QUOTATION Procurement Identification Number 19-084 Company Name CATEGORY 2:, Unprocessed Curbside Dual Stream Recyclables 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 up'on'receipt, and process and market them in a lawful manner. ITEM 2 (A):-Newspaper and Cardboard SMITHTOWN VOLUME ONLY Estimated-annual volume,generated: 5,100 tons. - - This will include a mixture of: -Newspaper -Magazines -Corrugated,Cardboard ®Chipboard -Phone Books Junk Mail and Writing Paper Thdse-faterials may contain-up to 5%c6ntaminants-by weight: Price per ton, picked up from 85 Old Northport Road,Kings Park for, $ September, 20.19 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 tone 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 (monthgy) BID: 19-084 page 30 of 42 QUOTATION Procurement Identification Number 19-084 Company Name CATEGORY 2: Unprocessed Curbside Dual Stream Recyclables ALTERNATE VOLUME 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 lawful-manner. ITIEM-2-(Al-Newspaper and Cardboard Estimated annual volume generated: 15,200 tons. 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 neighboring municipalities. These materials may contain up to 5% contaminants by weight. Price per ton;picked up from 85 Old -Rlorthport-Road-Kings,-Park_for- September, 2019 The-above price will be paid [ , Paid to the Towm 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 Towm by the bidder Check one Paid to the Bidder by the Town Indicate proposed price adjustment index to be used (monthly) J } a r • • . y Y v r Y BID: 19-084 page 31 of 42 QUOTATION Procurement Identification Number 19-084 Company Name CATEGORY 2: Unprocessed Curbside Dual Stream Recyclables ITEM 2 (B): Metal, Plastic and Glass Estimated annual volume generated: 2,500 tons. SMITHTOWN VOLUME ONLY 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 $ September, 2019 The-above-price-will-be-paid---- _J_]_Paid--to theJowin 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) m Y 1 ' 1 BID: 19-084 page 32 of 42 QUOTATION Procurement Identification Number 19-084 Company Name CATEGORY 2: Unprocessed Curbside Dual-Stream Recyclables ITEM 2 (B): Metal, Plastic and Glass Estimated-annual volume generated: 5,100 tons. ALTERNATE VOLUME 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 neighboring municipalities. These materials may contain up to 5% contaminants by weight. Price per ton, picked up from 85,Old Northport Road Kings Park for $ September, 2019 The,aboye,pricewill-bepaid- _ _ _[--J--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) BID: 19-084 page 33 of 42 QUOTATION Procurement Identification Number 19-084 Company Name CATEGORY 2: Unprocessed Curbside Dual Stream Recyclables ITEM 2"(C): Metal and Plastic only Estimated annual volume generated: 60 tons. SMITHTOWN VOLUME ONLY This will include a mixture of: -Ferrous Cans, Non-Ferrous Cans 1 •Plastic-Dottfes Resins 1 &2 These materials may contain up to 5% contaminants by weight. ' Price per ton, picked up from 85 Old Northport Load Kings Park for $ ` September, 2019 The above pricd will be paid - [ ] Paid to the Town by the bidder Town Alternate 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 prognosed price adjustment index to be used (monthly) BID:19-084 page 34 of 42 QUOTATION Procurement Identification Number 19-084 Company Name CATEGORY 2: Unprocessed Curbside Dual Stream Recyclables ITEM 2 (C): Metal and-Plastic only Estimated-annual volume generated: 280 tons. ALTERNATE VOLUME 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 neighboring municipalities. These materials may contain up to 5% contaminants by weight. Price per ton, picked up from 85 Old Northport Road Kings Parr for $ September, 2019 The ab-ove-price will-be paid [V] Paid to the Tows-b]�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) 14 r r BID: 19-084 page 35 of 42 QUOTATION Procurement Identification Number 19=084 Company Name CATEGORY 3: Source Separated Curbside Dual Stream Recyclables SMITHTOWN VOLUME,ONLY 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 lawful-manner. ITEM,3 (A): PET Bottles, baled SMITHTOWN VOLUME ONLY - Estirrmated'annual volume generated: 110 Tons, baled by theTown. These materials may contain,up to 5% contaminants by weight. Price-per-ton,-picked up_from,85 Old _- Northport Road Kings Park for S September, 2019 - The above price will be paid [ Paid to the Town by the bidder Check one Paid to the Bidder by the Towyn Alternate Price per tori for the Towyn 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 Towyn lby the bidder Check one Paid to the Bidder by the Town' Indicate proposed price ad�ustrnent index to be used(monthly) o BID: 19-084 page 36 of42 QUOTATION Procurement Identification Number 19-084 Company Name ' r ITEM 3 (B): HDPE Bottles, Natural, baled _ Estimated annual volume generated: 75 Tons, baled by the Town. SMITHTOWN VOLUME ONLY These materials may contain up to 5%,contaminants by weight. " Price per ton, picked up from 85 Old Northport Road kings Park for $ September, 2019 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 Towyn by the bidder Check one Paid to the Bidder by the Towyn Indicate proposed price adjustment index to be used (monthly) 0 M ♦ � r s 1 BID: 19-084 page 37 of 42 QUOTATION Procurement Identification Number 19-084 Company Name ITEM 3 (C): HDPE Bottles, Colored, baled Estimated annual volume generated: 125 Tons, baled by the Town. SMITHTOWN VOLUME ONLY These materials may contain up to 5% contaminants by weight. - ----Price--pertofr-picked-up-from 85-Old - - - - -- - Northport Road'Kings Park for $ September, 2019 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) BID: 19-084 page 38 of 42 QUOTATION Procurement Identification Number 19-084 Company Name ITEM 3,(D): Mixed Colored Glass Estimated annual volume generated: 1,350 Tons SMITHTOWN VOLUME ONLY These materials may contain up to 5% contaminants by weight. -- -Price-per ton; picked-up-from-88-Old - - - - --- - Northport Road Kings Park for $ September, 2019 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 $ ermitted facility Indicate the location of this permitted facility The above price will be paid [ ] Paid to the Town 1by the bidder Check one Paid to the Bidder by the Town Indicate proposed price adjustment index to be used (monthly) w s BID: 19-084 page 39 of 42 QUOTATION Procurement Identification Number 19-084 Company Name ITEM 3 (E): Corrugated Cardboard (OCG), baled The purchase price for the OCC purchased and sold under this Agreement-shall be OBM New York High Side for OCC #11. SMITHTOWN VOLUME ONLY Estimated annual volume generated: 2,000 Tons Price per ton, picked up from 85 Old The OBM New York High Side for OCC#11 Northport Road Kings Park for INnus-$ dollars $ cents The-above price will be paid [ f 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 OCC#11 to deliver material to the bidder's permitted facility Minus$ dollars& cents Indicate the location of this permitted facility The above-price will-be-paid. - -- -[_1--Paid-to_the Town-by the bidder-- Check one Paid to the Bidder by the Town "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 publication(s) to determine the price for Wastepaper may be agreed upon by prior, mutual written consent. BID: 19-084 page 40 of 42 QUOTATION Procurement Identification Number 19-084 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. -SMITHTOWN VOLUMEIONLY 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- _-- _--.------------_--_-__--- Se tember, 2019 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 bidder's permitted facility Minus$ dollars & cents Indicate the location of,this permitted facility r "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 publication(s) to determine the price for Wastepaper may be agreed upon by prior, mutual written consent. BID: 19-084 page 41 of 42 QUOTATION Procurement Identification Number 19-084 Company Name ITEM 3 (G): Aluminum UBC, baled May contain aluminum aerosol cans, aluminum twist tops and other small aluminum products. SMITHTOWN VOLUME ONLY Estimated annual volume generated: 85 Tons, baled by the Town in bundles ranging in weight from 400-800 lbs. These materials may contain up to 5% contaminants by weight. v Price per ton, picked up from 85 Old Northport Road Kings Park for $ September, 2019 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 Tow_ _n to deliver niateFialto the biddef'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) ♦ r 4 BID: 19-084 page 42 of 42 QUOTATION Procurement Identification Number 19-084 Company Name ITEM 3 (H): Tin Cans,,unbaled All Consumer food and beverage cans, paint cans and assorted cans, excluding aluminum cans. SMITHTOWN VOLUME ONLY Estimated annual volume generated: 225 Tons These materials may contain up to 5% contaminants by weight. Price per ton, picked up from 85 Old Northport Road Kings Park for $ September, 2019 The above price will be paid [ ] Paid to the Towm by the bidder Check one ] 'Paid to the'Bidder by the Town Alternate Price per ton for the Town to_ deliver material-ta the b'idder'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) 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 building 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 1 be in excess of one thousand five hundred dollars($1,500.00). Building service employee includes, but is not limited,toi 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 furniture and equipment, and to the transportation and delivery of fossil fuel-but does not include clerical,sales, professional,technician and related occupations. Building service employee also does not include any employee to whom the-provisions of Article 8 are applicable. Responsibilities of the Public Agency A Public Agency means the state, any of its 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. The Public Agency responsible for preparing the specifications for a building service contract must file a statement _identifying the_t}cpe�s ofemploy_ees and_work_to be performed with the_New York.State_Commissioner of_Laborfor-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 of the city). A'separate filing is required for every building service contract. Only one filing is required for each contract, regardless 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. In response to each filing,the Bureau of Public Work will 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 on the contract continues beyond the expiration date set forth in the Wage Schedule, new rates and expiration dates will be made available online as part of the original PRC Prevailing Wage Schedule determination automatically,without further filings or requests from the Public Agency. The Public Agency must include in the specifications for each building service contract the PRC number assigned to such contract and stipulation obligating the contactor to pay not less than the wage rates set forth in the Prevailing Wage Schedule issued under that PRC number. Upon the awarding of the contract,the law requires that the Public Agency furnish the 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 Award"form (PW 16.9)is provided with the original Prevailing Rate Schedule. The Public Agency is required to notify the Bureau of the completion or cancellation of any public work building service contract.The Bureaus PW 200.9 form is provided for this purpose. Hours A building service employee, employed by a contractor,shall work up to eight(8)hours in any one day and up to forty(40) hours in any workweek for the appropriate posted prevailing wage rate.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 his prevailing basic cash hourly rate. Wages and Supplements The wages and supplements to be paid and/or provided to a building service employee, employed on a public work contract shall be not less than those listed in the Prevailing Rate Schedule provided with the awarded contract. In no event 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 1 st 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. If a prime contractor on a public work contract has not been provided with a Prevailing Rate Schedule, the contractor must' notify 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.ny.us.www.labor;ny.gov. Upon receiving the original schedule,the Public Agency is REQUIRED to provide complete copies to all prime contractors who in tum MUST, by law, provide copies of all applicable county schedules to each subcontractor and obtain from each subcontractor,an affidavit certifying such schedules were received. Payrolls and Payroll Records Every contractor and subcontractor MUST 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 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 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 fumish;with ten_(10)days of a request, payroll records sworn 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 provide:#he-requested-information-within-the allotted ten-(10)-days,will result in the withholding--of up-to-25%6-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 will pay or provide the applicable rates of wages and supplements specified therein.(See NYS Labor Law,Article 9.Section 237). Withholding of Payments,- When a complaint is filed with the Commissioner of Labor alleging the failure of contractor or subcontractor to pay or 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 contractor 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. i 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. 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 journeyworkers 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. NYSDOL Labor Law,Article 9, Section 231-7a, require-that only apprentices individually registered with the NYS Department of Labor may be paid apprenticeship rates on a public work project.No other Federal 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 Employability Development/Apprenticeship Training,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 written verification from the NYSDOL Apprenticeship Training Albany Central office: Neither Federal nor State Apprenticeship Training offices outside of Albany can provide conclusive registration information. It should be noted that the existence of a registered apprenticeship program is not 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 event that an underpayment of wages and/or supplements is found: - 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. - A Civil Penalty may,also be assessed, not to exceed 25%of the total of wages, supplements,and interest due. -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: - 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 Willful violations of the Prevailing Wage Law(Article 9 of the Labor Law)constitute a misdemeanor punishable by fine or imprisonment,-or-both.- - Discrimination No employee or applicant for employment may be discriminated against on account of age, race, creed,color,national origin, sex, disability or marital status. No contractor,subcontractor nor any person acting on its behalf,shall by reason of race,creed, color,disability,sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work 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) " 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 (NYS Labor Law,Article 9, Section 239-3). 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. 1 Workers' Compensation f v w In accordance with Section 142 of the State Finance Law, the contractor shall naintain coverage during the life of the contract for the benefit of such employees as required by the provisions of the New York State Workers'Compensation Law. A contractor who is awarded a public work contract must provide proof of workers'compensation coverage prior to being 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 certificate 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 to write workers'compensation coverage in this state. The coverage must be listed under item 3A of the information page. 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 jobsite. 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. s . Andrew M.Cuomo,Governor Roberta Reardon,Commissioner Town of Smithtown Schedule Year 2019 through 2020 Fran Finazzo,Senior Acct Clerk Date Requested 08109/2019 65 Maple Avenue PRC# 2019900995 Smithtown NY 11787 Location 85 Old Northport Rd Project ID# 19-084 Occupation Type(s) Trash and Refuse Removal Notice of Contract Award New York State Labor Law, Article 9, Section 231.5 requires that certain information -- regarding the awarding of public work contracts,-be firmished to the Commissioner of labi5r. One "Notice of Contract Award" (PW 16.9, which may be photocopied), MUST be completed for EACH prime contractor on the above referenced project. Upon notifying the successful bidder(s) of this building service contract, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. Contractor Information All information must be supplied Federal Employer Identification Number: Name: Address: ' City: State: Zip: Amount of Contract: Occupation(s): , Approximate Starting Date: Approximate Completion Date: Phone:(518)457-5589 Fax: (518)485-1870 W.Averell Hamman State Office Campus,Bldg. 12, Room 130,Albany,NY 12240 www.labor.ny.gov. PW 16.9 PWAsk@labor.ny.gov w ., .,, h ► yz, ., New York State Department of Labor t Bureau of Public Work SOBC—Bldg.12—Rm.130 Albany, NY, 12240 t www.labor.ny.gov IMPORTANT NOTICE Regarding Article 9 Building Service Contract Schedules Contracts with PRC#s assigned on or after*8/1/2010: a Building Service rates (Article 9) will be determined annually on July 1. They are in effect through June 30 of the following year.,Employers must pay the newly determined rates each year. a Any corrections or updates to the annual determination will be posted to,the DOL website on the first day of_each month. Emplovers,are responsible for checlang-for updates each month and paying these updated rates retroactive to July is . a The DOL web site has a page where employers can enter their specific PRC number to find the correct wage rates for their contracts. Contracts with PRC#s assigned PRIOR to 8/1/2010: ® 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. This is a change to our prior notice. Article 9 wage schedule information,is now available online. (Art9Notice 7.11)