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HomeMy WebLinkAboutTown of Brookhaven/Disposal ELIZABETH A. TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLO~G RESOLUTION NO. 1 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF ~ SOUTHOLD TOWN BOARD ON JANUARY 6, 2004: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to sign a proposed Letter of Agreement with the Town of Brookhaven for the economical disposal.of construction and demolition materials from the Town o£ Southold at the Brookhaven C&D landfill, subject to the review and approval of the Town Attorney, Town Comptroller, and thc Solid Waste Coordinator. Elizabeth A. Neville Southold Town Clerk Town of Brookhaven Long Island John Jay LaValle, Supervisor Novembex 3, 2003 TOWN OF SOUTIK~ James Bonchuck, Solid Waste Coordinator Town of Sonthold Solid Waste District P.O. Box 962 Cutchogue, NY 1 I935-0962 Re: Delivery of Town of Southold Construction and Demolition Debris to the Town of Brookhaven Landfill Cell # 6 DearMr. Bonchuck: This le~er confmns the willingness of the Town of Brookhaven (TOB) to accept C&D MateaSals 1T-minus in size delivered by the Town of Sonthold (TOS) for disposal in TOB Landfill Cell # 6, subject to the following Terms end Conditions: 1. The onrrent rote for precessed C&D is $39.00 lair ton, and is subject to chenge. 2. TOB agrees to accePt C&D materials from TOS as defined in 6 NYCRR 360-I2(bX38), and in such condition as desoto'bed by TOB '2daterials Specifications" (a~eched tmreth as 'Appendix A') 3. TOB agrces to accept up to 4,500 tons per year of C&D materlals from TOS. 4. TOS shall pay a surcharge of $100.00 per load for das~y loads and $200.00 for oversized mat~aSals, as determined by TOB personnel in accordance with the Materials Specifications. 5. TOS shalI comply with TOB iusurance requirements as detailed th attached 'AppendLx B.' 6. TOS shall supply TOB with a copy ofi~ N'fSDEC Registration for the operation of a Municipal Transfer Slation. 7. TOS agrees to use only TOS or other KroI1 Associates approved tracks to deliver C&D. 8. TOS agrees to ensure that all C&D loads are covered. 9. TOS agrees to ensure th~ all C&D loads carry en appropriate C&D lrasking doanm~nt. 10. TOS warrants that C&D shipped to TOB shall be Ihnited to mater/al gonerated in the Town of 8outhnld and any waste s~reams currently delivered to TOS under contract. TOB reserves the right of refusal for any waste in excess of 125 tons per weelc 11. TOB shall not be obligated to accept eny materials determined to l~e unacceptable Material, which for the purposes of this Agreement shall be defined as material not included in 6 NYCRR 360-1 2(bX38); material that is excessively "dusty" (as determined by TOB ); or material that is oversized (as determined by TOB); or makxSaI that is oversized (as determined by TOB). 12. THIS IS A MONTH-TO-MONTH AGREEMENT. TOB may rescind this agreement with 30 days notice to TOS. Department of Waste Management Paul M. Roth, P.E., Commissioner 3233 Route 112 · Medford · NYl1763 · Phone (631) 451-6222 · Fmx (631) 451-6391 www. brookhaven.org 13. TOS shall submit a list (haeluding plate #'s and registration) of all h'ucks hauling to the landfill. Please acknowledge your acceptance of these conditions by signing below and ret~ the original to this office along ,Mthproofofthe requiredinsanance. Upon receipt ora signed copy, TOB DepartmenI of WasteMauagcment will seek TOB Board aplXOVaI to commence such agreement. ?lease feel free to contact me at 286-8551 if you have any questions. Sincerely, Andrew Wilson, P.E. Chief Deptay Commissioner PaulM. Roth, Commissioner Jeanne Compitello, Deputy Town A~omey - Law Carlo Fama/, Director - Finance Jolm Bivona, Deputy Commissioner Don Nohs, Executive Assistant Doona Gallo, 8eeretary to the Commissioner Brian Cakl, Kroll Associates By signature ~low of their duty authorized representative, the Town of Southold hereby agrees to foregoing "Terms and Conditions" that comprise this letter of Agreement. Supervif- Joshua Y~. Hot'on Town of Southold Appendix A APPENDIX A: MATERIALS SPECIFICATIONS Construction and Demolition Debris (C&D) means material as defined in 6 NYCRR Part 360-1.2(b)(38), In addition, C&D material shall be sufficiently moistened to prevent fugitive dust, and shall be processed to a standard which shall not exceed 12 inch minus. Conlractors are advised that the Town's policy with respect to the enforcement of the 12 inch minus standard shall be guided by the following: 1. The purpose of the 12 inch minus standard is to ensure the receipt of a high density gradable material. The Town recognizes that loads of material which are routinely processed to this standard may nevertheless contain individual pieces of material which exceed 12 inches. 2. The policy of the Town at the Landfill will be to reject loads which contain pieces larger than 12 inches, in amounts which render the load ungradable in the judgment of Town personnel. In instances where the load is gradable and acceptable overall, but contains unacceptable items, the Contractor may be required to reload and remove such items before acceptance and/or be assessed a penalty. 3. Monetary penalties will be applied for non-conforming loads. Termination will be employed as a remedy where a Contractor fails to cure process defects or otherwise conform to the specification after imposition of monetary penalties. 4. Contractors who are unsure of the ability of their process to meet the tolerances of the size standard may request the Town to inspect the operation of their size reduction process at any time before or after commencement of deliveries. As a result of such inspection, the Town will advise the Contractor as to whether the process, as demonstrated, will or will not meet the tolerances of the size standard. If the Con~ractor is advised that the process appears to produce an acceptable material, the ConWactor should continue to employ the process as demonstrated and advise the Town of any changes to the process which may affect compliance with the standard. If the Contractor is advised that the process does not produce an acceptable material, the Contractor may modify the process and request another inspection. -1- Town of Brookhaven Long Island Department of Waste Management Landfill Materials Specifications C~nstruction & Demolition (C&D) Debris: means material as defined in 6 NYCRR P;~rt 360-1.2(b)(38). In addition, C&D material shall be processed to a size which will not exceed 2 feet b~ 4 ieet. A~ternate Daily Cover Material (ADCM): means material as defined in 6 NYCRR Part 360-1.2(b)(48) and 360-2.17(c), and Town of Brookhaven Sampling and Analysis Requirements as follows: 1. The generating facility must develop and follow protocols for the generation and testing of ADCM, A copy of these protocols must be available to the Town. 2. A professional consultant retained by the Town wilt obtain a representative sample of each stockpile in conformance with NYSDEC protocols. 3. The material is to be tested, as specified below, for each segregated stockpile not to exceed 2000 tons. 4. The following requirements must be met: A. Test results must be reported to the Town and the NYSDEC, directly from the laboratory performing the analysis. B. The materials from which composite representative samples are taken must be held in such a manner that storage wilt not have any adverse environmental impact at the generating facility in a segregated stockpile until the analytical results from the laboratory are submitted to the Town and written approval is received. No additional material may be added to the stockpile. C. The NYSOEC requests that facilities generating ADCM submit an annual sum mary of the test results obtained over the previous year. This summaw must include: the minimum and maximum results obtained for each of the tests, a discussion of any changes in procedure that were implemented, a discussion of any problems encountered with the material, and a list of disposal facilities that accepted the material, and a list of disposal facilities that accepted the material along with the amounts accepted. D. Testing Requirements The following analyzes must be performed for each stockpile of material generated: 'a. The size ot the material must be 2 inch minus. b. The percentage ol Fines passing through a number 200 sieve must be less ~han 25% by weight (dr,/basis), using ASTM C136. c. Total Organic Carbon shall be less than 15% by weight (dry basis), using SW-846 Method 9060. d.The Flash Point must be above 200 degrees Fahrenheit, using SW-846 Method 1010. e. The Asbestos content must be less than one percent by weight as specified in 6 NYCRR Part 360-1,2(b)(11), using PLM (Polarized Light Method). f. The su~(ur parameters, sulfate, suI(ide, and sul(ite, using EPA 375.4, EPA 376A., end EPA 377.1. The calculated sulfur content must not exceed one percent. g. Full TCLP analysis (Volatile Organics, Semi-Volatile Organics, pesticides/herbicides and Metals) with allowable levels specified by 6 NYCRR Part 371 h. Polychlorinated Biphenyls (PCBs) using EPA Method 8080. Testing must be performed by a laboratory certified for the above procedures under NYSDOH ELAP(ASP) 5, tn addition to the above listed requirements, if the generator suspects the presence of any other parameters of concern their presence must also be evaluated, 6. The generator must provide a Contractors Waste Profile Form to the Commissioner of Waste Management certifying the following: · the ADCM is non-hazardous based on the above material sampling and analysis requirements · agreement to allow visual inspection of the material which is proposed to be shipped to the Town tandfill · the point of origin of the ADCM · a statement that the ADCM tested will be segregated for inspection and no additional material will be added to the approval pile of material · an estimate of the cubic yards or tons of ADCM · consent to conduct additional laboratory sampling and analysis, as required by the Town 7. Every load of ADCM will be subjected to a quality control inspection at the landfill prior to dumping. Note: Both C&D and ADCM must be sufficiently moistened to prevent fugitive dust. Brookhaven Long Island Department of Waste Management Landfill Prohibited Wastes Prohibited solid waste identified in 6 NYCRR Part 360-?.2(b)(38) including: · asbestos · garbage · corrugated container board · electrical fixtures containin9 hazardous liquids (ie. translormers, lighl balla$ls) · fluorescent lights · carpeting · furniture · appliances · tires · drums · containers greater than ten (10) gallons capacity · containers having more than one (1) inch of residue · fuel tanks · hazardous waste as defined in Part 371 of 6 NYCRP, A_p_pe dix B ! of Waste at a place and telephone number to time throughout the course be determined 13. this A Sampling and chemical forth in Appendix A. the NYSDEC and a of the approval process. under instruction to results for deliveries shall be Brook, New York 14. Obligations delivered by the and Testing Requirements. Ail physical and chemical specifications pursuant to the pursuant to this All testing shall original directly the Town NYSDEC and Hazardous Wastes. In~e x, under this Agreement is determined to be Oft~ shall be rejected if such pursuant to in Appendix A. with the frequency set t shall be reviewed by A Contractor's part e certified laboratory, laboratory ion I office in Stony rnt that any material or If removal of the to i &tractor 19 ofthis 15. Indemnity and Insurance. The Contractor shall indemnify and save harmless the Town of Brookhaven, its officers, agents, employees and servants, from and against all losses and all claims, demands, payments, suits, actions, recoveries and judgments of every kind and nature, brought or recovered against the Town of Brookhaven by reason of any act or omission of the Contractor, his -9- agents or employees in the performance of this Agreement, and in case of any such claims, actions, etc., the Contractor shall immediately defend the same at his own cost and expense. In addition, the Contractor shall submit with its proposal, proof of coverage of the insurance set forth below on behalf of itself and all subcontractors employed. All subcontractors must have insurance limits equal to or greater than those of the Contractor. All certificates of insurance and insurance policies shall be issued by an insurance company rated "A" or better, and shall bear the policy numbers, the expiration date of the policy, and the limits of liability thereunder. Both the certificates and the policies shall be endorsed to provide the Town of Brookhaven, Law Department, 3233 Route 112, Medford, New York 1 It763, with any notice of cancellation at least 30 days prior to the actual date of such cancellation. Failure to maintain insurance during the term of this Agreement shall be grounds for immediate denial of access to the Landfill and termination of this Agreement for default. Contractor shall provide new certificates of insurance to the Town's Law Department as policies reach their expiration dates. a) Comprehensive Automobile Policy. Comprehensive automobile coverage shall be required with a combined single limit of no less than $5,000,000.00 coverage reflecting symbol 1 (any auto), symbol 8 (hired auto) and symbol 9 (non-owned autos) on the certificate of insurance. The policy shall be primary or a combination of the primary policy and commercial umbrella. b) Comprehensive General Liability. Comprehensive General Liability shall be required with a combined single limit of no less than $5,000,000.00 General Aggregate (for both bodily injury and property damage), $5,000,000.00 per occurrence. The policy shall be primary or a combination of the primary policy and commercial umbrella. Coverage shall be issued on a per location or per project basis. In addition, said policy is to provide coverage for (i) premises operations; (ii) completed operations/products liability; (iii) explosion, collapse and underground (when required for work to be performed underground); (iv) independent Contractors; (v) broad form property damage; (vi) contractual liability; (vii) personal injury liability. THE TOWN MUST BE NAMED AS ADDITIONAL INSURED ON THE -10- c) d) CERTIFICATE OF INSURANCE AS FOLLOWS: THE TOWN oF BROOKHAVEN AND TOWN BOARD OF THE TOWN OF BROOKHAVEN AND TRUSTEES OF THE FREEHOLDERS AND COMMONALTY OF THE TOWN OF BROOKHAVEN, MEMBERS OF THE TOWN BOARD AND OTHER GOVERNING BODIES AND EMPLOYEES OF 22qE TOWN, Wlqll .E ACTING IN THE SCOPE OF THEIR DUTIES AS SUCH INCLUDING NON-REMU~/ERATED VOLUNTEERS WHILE PERFORMING SERVICES FOR THE TOWN; (viii) cross suit exclusion endorsement must be eliminated on primary and excess liability policies; (ix) GC2010 must be endorsed to delete "ongoing" so as to provide additional insured completed operations coverage for a period of not less than two years after the completion date of the work performed; (x) wording on additional insured endorsement should state that "no valid and collectible insurance and/or self insurance of the additional insured should be considered anything other than excess of the named insured." Workers Compensation Insurance. Proof of Workers Compensation Insurance on form C-105.2 must be submitted as required under New York law. The Contractor shall take out and maintain during the life of this Agreement, Workers Compensation Insurance for all his employees, and in case of any of the work being sublet, the; Contractor shall require the subcontractor similarly to provide Workers Compensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by the Contractor. Disability Benefits Liability Insurance. Proof of disability benefits liability insurance must be submitted to the Town as required by New York law. l~nt Ccr2~razt -Mc, nltcr. -11-