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HomeMy WebLinkAboutRemoval/Disposal of C & D-HELD LEGAL NOTICE NOTICE TO BIDDERS CONSTRUCTION & DEMOLITION DEBRIS (C&D) HAUL-DISPOSAL SERVICES The Town of Southold will receive sealed bids for construction and demolition debris haul and/or disposal services until the time and at the location herein specified which will then be opened and publicly read aloud; PLACE: Office Of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 (631) 765-1800 DATE: June 10, 2004 TIME: 10:00 am (LATE BIDS WILL NOT BE OPENED) The Town seeks the offers for each of the following disposal options, in accordance with this Bid Solicitation: OPTION 1: A bid price per ton, to provide equipment and labor for hauling construction & demolition debris (C&D) from the Town of Southold Transfer Station in Cutchogue, NY to the Contractor's C&D Disposal Site. OPTION 2: A bid price per ton to provide capacity for the disposal of construction & demolition debris delivered to the Contractor's C&D Disposal Site by Town personnel in Town-owned vehicles. While bidders may - and indeed, if capable, are encouraged - to provide prices for each option, the Town intends to contract for only one option as best fits its interests. BIDDERS MUST INDICATE CLEARLY ON THE COVER OF THEIR BID WHETHER THEY ARE BIDDING OPTION 1, OPTION 2 OR BOTH. The term of this Agreement shall be three (3) years commencing on July 1, 2004. The Town, at its sole discretion, shall have the option of renewing the Agreement for two additional one year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term. Bids must be made in writing on the forms furnished and shall be accompanied by a Bid Guaranty in the Form of certified check, money order, bank draft or standard form letter of credit made payable to Town of Southold, or bid bond, in the sum of one hundred thousand dollars ($100,000.00) wherein the named obligee shall be the Town of Southold. The successful Bidder shall be required to furnish a performance Bond, and insurance in accordance with the instructions in the Bid Solicitation. The bid pri~'~ shall not include any tax, Federal, state, or local, from which the Town of Southold is exempt. A Bidder may not withdraw his bid within forty-five (45) days after the opening of the bids, but may withdraw his Bid at any time prior to the scheduled time for the opening of bids. The Town reserves the fight to reject any or all bids and to waive informalities, should this action be in the best interest of the Town of Southold. Bid Solicitation containing submission requirements, instructions, technical specifications, and bidding forms may be examined free of charge and at the following location on weekdays from 8:00 A.M. to 4:00 P.M.: Office Of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Upon payment of non-refundable fifty dollars ($50.00) Bid Solicitation may be picked up at: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Bidders will be allowed to ask questions regarding the Bid Solicitation during a pre-bid conference to be held at 10:00 A.M., Wednesday, June 2 at the Solid Waste Management District Office, 1 Zack's Lane, Cutchogue, NY 11935 (631) 734-7685. Attendance is not required to submit acceptable bids. All bidders are encouraged to inspect the Southold Town Transfer Station prior to the bid conference. Appointments to do so may be scheduled by calling James Bunchuck at (631) 734-7685. Dated: March 9, 2004 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MAY 20, 2004, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Dodge Reports Town Clerk's Bulletin Board Town Board Members Town Attorney Brown's Letters Burrelle's Info. Services Solid Waste Coordinator Bunchuck STATE OF NEW~*~.K) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the l-I day of ~ c~t ,2004 she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. Legal Notice - Notice to Bidders -Year 2004 Bid for "C & D Removal", bid opening 10:00 a.m., Thursday, ~ ~7 Elizal~th-~ Nevitle Southold Town Clerk Sworn to before me this ~'~ day of rF~CLt~ . ' Notary Public ,2004. LYNDA M. BOHN ~ PUBLIC, State of ~ ~ No, 01B0602093~ Ou~lffied in Suffolk Coup_ Expires Marcia 8, ~0 I;~ BIDDER'S SOLICITATION CONSTRUCTION MATERIAL AND/OR DEMOLITION DEBRIS (C & D) HAUL AND DISPOSAL SERVICES AGREEMENT DOCUMENTS TOWN OF SOUTHOLD STATE OF NEW YORK TOWN OF SOUTHOLD May 2004 Prepared by: Solid Waste Management District P.O. Box 962 Cutchogue, NY 11935 NOTICE TO BIDDERS CONSTRUCTION & DEMOLITION DEBRIS (C&D) HAUL-DISPOSAL SERVICES The Town of Southold will receive sealed bids for construction and demolition debris haul and/or disposal services until the time and at the location herein specified which will then be opened and publicly read aloud; PLACE: Office Of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 (631) 765-1800 DATE: June 10, 2004 TIME: 10:00 am (LATE BIDS WILL NOT BE OPENED) The Town seeks the offers for each of the following disposal options, in accordance with this Bid Solicitation: OPTION 1: A bid price per ton, to provide equipment and labor for hauling construction & demolition debris (C&D) from the Town of Southold Transfer Station in Cutchogue, NY to the Contractor's C&D Disposal Site. OPTION 2: A bid price per ton to provide capacity for the disposal of construction & demolition debris delivered to the Contractor's C&D Disposal Site by Town personnel in Town-owned vehicles. While bidders may - and indeed, if capable, are encouraged - to provide prices for each option, the Town intends to contract for only one option as best fits its interests. BIDDERS MUST INDICATE CLEARLY ON THE COVER OF THEIR BID WHETHER THEY ARE BIDDING OPTION 1, OPTION 2 OR BOTH. The term of this Agreement shall be three (3) years commencing on July 1, 2004. The Town, at its sole discretion, shall have the option of renewing the Agreement for two additional one year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term. Bids must be made in writing on the forms furnished and shall be accompanied by a Bid Guaranty in the Form of certified check, money order, bank draft or standard form letter of credit made payable to Town of Southold, or bid bond, in the sum of one hundred 2 thousand dollars ($100,000.00) wherein the named obligee shall be the Town of Southold. The successful Bidder shall be required to furnish a performance Bond, and insurance in accordance with the instructions in the Bid Solicitation. The bid price shall not include any tax, Federal, state, or local, from which the Town of Southold is exempt. A Bidder may not withdraw his bid within forty-five (45) days after the opening of the bids, but may withdraw his Bid at any time prior to the scheduled time for the opening of bids. The Town reserves the right to reject any or all bids and to waive informalities, should this action be in the best interest of the Town of Southold. Bid Solicitation containing submission requirements, instructions, technical specifications, and bidding forms may be examined free of charge and at the following location on weekdays fi'om 8:00 A.M. to 4:00 P.M.: Office Of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Upon payment of non-refundable fifty dollars ($50.00) Bid Solicitation may be picked up at: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Bidders will be allowed to ask questions regarding the Bid Solicitation during a pre-bid conference to be held at 10:00 A.M., Wednesday, June 2 at the Solid Waste Management District Office, 1 Zack's Lane, Cutchogue, NY 11935 (631) 734-7685. Attendance is not required to submit acceptable bids. All bidders are encouraged to inspect the Southold Town Transfer Station prior to the bid conference. Appointments to do so may be scheduled by calling James Bunchuck at (631) 734-7685. Elizabeth A. Neville Town Clerk 3 TABLE OF CONTENTS GLOSSARY OF TERMS SECTION A- SUBMISSION REQUIREMENTS 1.0 Project Purpose 2.0 Schedule 3.0 Examination Of Agreement Documents 4.0 Information to be Submitted 4.1 Contractual Bid 4.2 Supplemental Information 5.0 Bid Format 5.1 Binding 5.2 Form Preparation 6.0 Submission of Bid 7.0 Bid Guaranty 8.0 Execution Of Agreement 9.0 Consideration Of Bids 10.0 Selection Of Contractor 11.0 Acceptance of Bid 12.0 Assignment 13.0 Limitation Of Funds Available 14.0 Insurance and Bonds 14.1 Insurance 14.2 Bonds 15.0 Indemnity (Hold Harmless) 16.0 Payments 17.0 Default 18.0 Term of Agreement 19.0 Service Agreement 20.0 Subcontracts 21.0 Rights and Options SECTION B - BID SPECIFICATION 1.0 Requirements 2.0 Program Goals and Objectives 3.0 Potential Regulatory and Operational Changes 4.0 Character Of The Construction and Demolition Debris 4.1 Quality and Characteristics 5.0 Program Activities 5.1 Collection 5.2 Loading Mode 5.3 Town of Southold Accident and Damage Policy 5.4 NYSDEC Part 360 Permit to Operate 6.0 Haul Services 9 9 9 10 11 11 11 13 13 13 13 13 14 14 15 15 15 15 16 16 16 17 17 17 18 18 18 19 2O 21 22 22 22 23 23 23 24 24 24 25 4 6.1 Work Included 25 6.2 Equipment 25 6.3 Weighings 26 6.4 Routing Mode - Contractor's Responsibility 26 7.0 Disposal Services Program Activities 26 7.1 Work Included 27 7.2 Operational Capacity 27 7.3 Permit Requirements 27 7.3.1 Disposal Sites Inside State Of New York 28 7.3.2 Disposal Sites Outside State of New York 29 7.4 Weighings 29 8.0 Safety and Health Regulations 29 9.0 Operations and Procedures 30 9.1 Supporting Data 31 SECTION C - TOWN OF SOUTHOLD CONSTRUCTION AND DEMOLITION DEBRIS HAUL/DISPOSAL SERVICES 33 1.0 Intent 34 2.0 General Bid Statement 34 3.0 Unit Price Bid Schedule 38 3.1 Bidder's Compensation - OPTION 1 38 3.1.1 Evaluation Unit Bid Price Formula - OPTION 1 39 3.2 Bidder's Compensation- OPTION 2 39 3.2.1 Evaluation Unit Bid Price Formula - OPTION 2 40 4.0 Bid Security Acknowledgment 41 5.0 Information Schedules 41 Information Schedule A - p. 43 Information Schedule B - p. 44 Information Schedule C - p. 46 Information Schedule D - p. 47 Information Schedule E - p.49 Information Schedule F - p.51 Information Schedule G - p.55 Information Schedule H - p. 56 Information Schedule I - p. 57 Information Schedule J - p. 58 Information Schedule K - p. 65 Information Schedule L - p. 68 Information Schedule M - p. 70 SECTION D - APPENDICES Appendix A Sample Operating Agreement Appendix B New York State Department of Environmental Conservation Permit Appendix C Accident Report 72 88 90 GLOSSARY OF TERMS ADMINISTRATOR - Shall mean the Coordinator of construction and demolition debris (or his agent) 0fthe Town of Southold, New York. AGREEMENT - Shall mean a Form operating agreement set forth by the Town and resulting fi.om this Bid Solicitation between the Town of Southold and the successful Bidder to be executed in 2004 . AGREEMENT DOCUMENTS - Shall include the notice to bidders, instructions, bid solicitation, bid Forms, information schedules, proposal, payment bond, bid bond, Agreement, performance bond, certificates of insurance, glossary of terms any general conditions or special conditions, and any addenda. The Agreement Documents will Form a part of the Agreement. AGREEMENT YEAR - Shall mean the period fi.om July 1 calendar year to _June 30 , of the next calendar year. , of a covered BIDDER - Shall mean any party or parties submitting in proper form a bid to perform the work as specified in the Agreement Documents. The successful Bidder selected by the Town to perform the specified work will thereafter be known as the Contractor. BID PRICE - Shall mean the unit cost to determine the ranking of bidders. BID SOLICITATION - Shall mean this document, specifications, and any bid addenda issued. COMMENCEMENT DATE- Shall mean July 1, 2004 CONSTRUCTION MATERIALS AND/OR DEMOLITION DEBRIS (C&D) - Shall mean solid waste resulting from the construction, renovation, equipping, remodeling, repair and demolition of structures and roads. Such waste includes, but is not limited to, bricks, concrete and other masonry materials, soil, rock, wood, wall coverings, plaster, drywall, non-asbestos insulation and roofing shingles. CONSTRUCTION MATERIALS AND/OR DEMOLITION DEBRIS (C&D) DISPOSAL SITES - Shall mean any site designated by the Contractor where construction and demolition debris is disposed of in a manner that minimizes environmental hazards and is permitted under the design and operation requirements of 6 NYCRR Part 360 or alternatively outside the State of New York, is permitted under design and operation requirements meeting the requirements of 1) that jurisdiction's applicable regulatory agency and 2) Town of Southold's minimum standards. GLOSSARY - I 6 CONTRACT DOCUMENTS - Shall have the same meaning as Agreement Documents. CONTRACT YEAR - Shall have the same meaning as Agreement Year. CONTRACTOR - Shall mean the party contracting to perform the work, or the heirs, executors, administrators, agents, or successors thereof. COORDINATOR - Shall mean the coordinator of construction and demolition debris for the Town of Southold COUNTY - Shall mean Suffolk County, State Of New York. DAILY - Sunday to Saturday, inclusive. EPA - Environmental Protection Agency (Federal). HAUL-DISPOSAL SERVICES UNIT PRICE - Shall mean the Contractor's compensation in dollars for each ton of construction and demolition debris actually hauled from the Town Of Southold Transfer Station to the Contractor-Designated Disposal Site and disposed of at the Contractor-Designated Disposal Site. HAZARDOUS WASTE - Shall mean (1) any "hazardous waste" as defined under the Resource Conservation and Recovery Act, 42 US.C. Section 6901 et seq., or "hazardous substance" as defined under the comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., or "hazardous waste" as defined under New York Environmental Conservation Law Section 27-0901 et seq., as each such law may be amended from time to time, and the regulations promulgated there under, and any analogous or succeeding Federal, state or local law, rule or regulation and regulations promulgated there under and (2) any other material which any governmental agency or unit having appropriate jurisdiction shall determine from time to time cannot be processed at the facility because it is harmful, toxic or dangerous. NOTICE OF AWARD - Shall mean written notice fi'om the Town of Southold to the successful Bidder that the Town of Southold intends to award an Agreement to the successful Bidder, subject to compliance with all their terms and conditions of the Agreement Documents. NYSDEC - New York State Department Of Environmental Conservation. OSHA - Federal Williams-Steiger Occupations Safety & Health Act of 1970, plus subsequent revisions. GLOSSARY-2 OWNER - Shall mean the Town Of Southold, New York. Also may be referred to as the Town. PERMIT - Shall mean any and all permits, licenses, approvals, certificates of public convenience and necessity, Franchises or authorizations which must be issued by any Governmental Body having jurisdiction thereof to legally enable the Contractor to transport and/or dispose Of construction and demolition debris. PERMITTEE - Shall mean any person issued a valid permit to haul construction and demolition debris or to construct, establish, maintain or operate a construction and demolition debris Disposal Site. RCRA - Resource Conservation Recovery Act (Federal). SOLID WASTE - Shall mean all putrescible and non-putrescible materials or substances, including but not limited to garbage, refuse, rubbish, ashes, agricultural wastes, and offal. (Solid Waste does not include C&D waste, recyclables, hazardous, or infectious waste). SOLID WASTE DISPOSAL SITE(S) - Shall mean any site designated by the Contractor where solid waste is disposed of in a manner that minimizes environmental hazards and Is permitted under the design and operation requirements of 6 NYCRR Part 360 - Solid Waste Management Facilities, or alternatively outside of the State of New York, is permitted under design and operation requirements meeting the requirements of 1 ) that jurisdiction's applicable regulatory agency and 2) Town of Southold's minimum standards. Also may be referred to as Disposal Site(s). SUBCONTRACTOR - Shall mean an individual, firm or corporation having a direct contract with the Contractor for services, equipment, materials and/or labor. GLOSSARY-3 8 SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS AND AWARD BASIS 1.0 PROJECT PURPOSE The Town of Southold expects that it will receive and need to dispose of approximately 3,500 tons of construction material and/or demolition debris during the agreement year. This Bid Solicitation will ensure Town of Southold's construction and debris will continue to be 1 ) hauled From the Town of Southold Transfer Station to Disposal Site(s) and 2) disposed of at permitted Disposal Site(s). 2.0 SCHEDULE The schedule below is an estimate of the time period leading up to the commencement of the Agreement. Its intent is to provide each Bidder with an idea of when certain events may occur. The dates given are guidelines and should not be construed as firm dates or deadlines due to the multiple parties involved in the decision making process. EVENT Transfer Station Visits Pre-Bid Conference Bid Opening Town Board Approval Agreement Executed Operations Commencement DATE By Appointment 10:00 am, June 2, 2004 10:00 am, June 10, 2004 June 15, 2004 On or Before July 1, 2004 July 1, 2004 3.0 EXAMINATION OF AGREEMENT DOCUMENTS, FAMILIARITY WITH THE WORK It is the responsibility of each Bidder before submitting a Bid to (a) examine the Sample Operating Agreement and Agreement Documents thoroughly; (b) visit the site of the Town of Southold Transfer Station; (e) attend and be familiar with the outcome of the pre-bid conference (d) become familiar with conditions at the Town of Southold Transfer Station and Disposal Sites that may affect cost, progress, performance or furnishing of the work; (e) become familiar with and consider all federal, state and local laws, regulations ordinances, permits, approvals and orders that may effect the cost, progress, performance or furnishing of the work; (f) study and carefully correlate the Bidder's observations with the Agreement Documents; and (g) notify the Town Clerk of all conflicts, errors or discrepancies in the Agreement Documents. Reference is made to the following Appendices which contain supplemental information which is attached to and made part of the Agreement Documents: Appendix A: Sample Operating Agreement Appendix B: NYSDEC Part 360 Operating Permit Appendix C: Town of Southold Accident Report Before submitting a Bid, each Bidder shall, at the Bidder's own expense, make or obtain any additional inspections, examinations, or studies and obtain any additional data and information which may affect cost, progress, performance or furnishing of the work and which Bidder deems necessary to determine its bid for performing and furnishing the work in accordance with the time, pr/ce and other terms and conditions of the Agreement Documents. The failure or omission of the Bidder to receive and examine any form, instnunent or document, or make required inquiries and inspections, shall not relieve the Bidder from any obligation contained in the Agreement Documents. The Town will be justified in rejecting any claim based on facts or conditions of which the Contractor should have been cognizant. 10 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Bid Solicitation, that without exception the Bid is premised upon performing and furnishing the work required by the Agreement Documents, and that the Agreement Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performing and furnishing the work. Bidders will be allowed to ask questions regarding the Bid Documents during the pre-bid conference to be held at: Town Hall 53095 Main Road Southold, New York 11971 4.0 INFORMATION TO BE SUBMITTED WITH PROPOSAL 4.1 Contractual Bid For the purpose of assisting the Town in determining the responsible Bidders for this Bid Solicitation, the Bidder is required to submit the following minimum information with his bid: ii. iii. iv. Contractor Bid Form Bid Security or Bid Bond Information Schedules A through M as applicable Supplemental Information as described in 4.2 4.2 Supplemental Information In addition to the aforementioned forms, the Bidder is required to submit the following supplemental information with his bid: Operational Plan: A plan describing the Bidder's assessment of the requested operation set forth in Exhibit M. This section shall be divided into the following subsections: · Haul (ONLY IF BIDDING OPTION 1) A summary of requirements for manpower, materials and supplies, mobile equipment, etc., shall be included to provide the Town with general anticipated guidelines for performance under the Agreement. 11 ii. iii. iv. · Disposal A summary of requirements of site capacity, useful life, hours and days of the week, operation, etc., shall be included to provide the Town with general anticipated guidelines for performance under the Agreement. A copy of the current Permit to Operate Contractor's C&D Disposal Site shall be included. If the Construction and debris Disposal Site is located outside the State of New York, a copy of the current applicable laws and regulations governing the design, construction and operation of the Disposal Site shall additionally be included. Litigation: A section briefly describing any current litigation which in any way may affect the Bidder's operational capability of useful life of the Disposal Sites. Subcontractors (OPTION 1 ONLY): If the Bidder intends to use one or more subcontractors to complete any portion of the work, the Bidder must so indicate this intent in its Bid. The Bidder is advised that any Agreement awarded will be contingent upon the use of the subcontractor(s) so identified. In the event that the Bidder desires to change the number or identity of such subcontractor(s), the proposed change must be submitted to the Town for approval. No such change shall be made without the Town's approval. In addition, it is the policy of the Town of Southold to encourage the participation of Minority Business Enterprises (MBE's) and Women- Owned Business Enterprises (WBE's) on Town projects. For this reason, the Agreement will require Contractor to use its best efforts to include among its subcontractors MBE and WBE firms. In the event the successful Bidder intends to subcontract in excess of twenty-five percent (25%) of the work, the Bidder will be required to submit to the Town an MBE/WBE Utilization Plan acceptable to the Town prior to the Town's execution of the Agreement. Disposal Site Subcontractor (OPTIONS 1 and 2): In the event the Bidder does not own the Disposal Site identified in its Bid, the Bidder shall furnish a statement, signed by an authorized representative of the Disposal Site, which provides for Bidder's use of the site pursuant to this Bid Solicitation in accordance with the Agreement Documents. THE SUPPLEMENTAL INFORMATION REQUIREMENTS MAY BE SATISFIED BY INCLUDiNG A REFERENCE TO AN INFORMATION SCHEDULE (A-M) IF THE SCHEDULE PROVIDES THE INFORMATION REQUESTED AND IS INCLUDED iN THE BID. 12 5.0 BID FORMAT 5.1 Binding The document(s) if bound shall be in a manner that will provide for easy evaluation access (to lie flat when opened). Printing on both sides of the sheets, provided a quality paper is utilized that will prevent the type from showing through, is acceptable. Paper with substantial recycled content is preferred. 5.2 Form Preparation Bids shall be submitted in the form described in this Bid Solicitation. All blank spaces for bid prices shall be properly filled in, in ink or typed, in both words and numerals for all bid categories required. In the event a price shown in words and its equivalent shown in figures do not agree, the written words shall be binding on the Bidder. BIDS SHALL NOT BE QUALIFIED, MODIFIED, LIMITED OR RESTRICTED IN ANY WAY. In the event a specification is not applicable, it shall be so indicated. Incomplete bids may not be considered, depending on the nature of the missing information. 6.0 SUBMISSION OF BID Each Bidder shall submit six (2) separate complete sets of his Bid which shall be enclosed in a sealed envelope plainly marked on the outside with the title of the work and the name and address of the Bidder. No Bid will be considered unless filed on or before the time and at the place designated in the Notice to Bidders. Bids received after the time set for the opening will be returned to Bidders unopened. When sent by mail, preferably registered, the sealed Bid, marked as above, should be enclosed in an additional envelope similarly marked and addressed to: Elizabeth Neville Southold Town Clerk Town Hall 53095 Main Road Southold, New York 11971 7.0 BID GUARANTY The guaranty may be certified check, bank draft, money order, standard form irrevocable letter of credit, or a bid bond in the form attached. The bid bond shall be secured fi.om a surety company authorized to do business in the State of New York as a surety. No Bid will be considered unless it is accompanied by the required guaranty, certified check, money order or bank drat~ must be made payable to the order of the Town of Southold. The bid bond shall name the Town as the obligee. Cash deposits will not be accepted. The bid guaranty shall ensure the execution of the Agreement and the 13 furnishing of the surety bond or other required bonds by the successful Bidder, all as required by the Agreement Documents. All guaranties will be returned within ten (10) days after the execution of the Agreement and required bonds, insurance and other Agreement Documents are received from the successful Bidder. 8.0 EXECUTION OF AGREEMENT, FURNISHING OF BONDS The successful Bidder, or its legally authorized representative, shall be required to appear in person within ten (10) days of the Notice of Award by the Town at the place and time designated by the Town to execute the Agreement and other Agreement Documents for Haul/disposal services. The successful Bidder shall, at its own cost and expense, procure, execute and deliver to the Town the following documents within ten (10) days of formal Notice of Award by the Town. Performance Bond - A Performance Bond shall be in an amount of one million dollars ($1,000,00000). This bond (as shown by example in Section C, Schedule 5.0. L), shall be maintained at the Contractor's own expense for the term of the Agreement. Failure or refusal of the successful Bidder to execute and/or deliver such bond within the time designated, shall constitute a breach of such Bidder of the Agreement created by the Town's acceptance of the bid. In such event, the Town may determine that such Bidder has abandoned the Agreement and the Town shall be entitled to take action for any and ail damages it may suffer as the result of such breach. The Town's rights in this regard shall include but not be limited to a claim against the bid bond provided. The Town specifically reserves any and all other rights against the Contractor as a result of his failure to perform as required by these documents. 9.0 CONSIDERATION OF BIDS The Town of Southold reserves the right to reject any/or all bids for haul and disposal services if such action is deemed to be in the best interests of the Town. To be considered responsive to this Bid Solicitation, each Bidder shall: A. (REQUIRED FOR OPTION 1 ONLY) Provide equipment, labor, maintenance and management services to haul and dispose of construction and debris from the Town of Southold Transfer Station to Contractor designated Construction and debris Disposal Site(s) as set forth in Section B - Bid Specifications. 14 (REQUIRED FOR OPTIONS 1 AND 2) Reserve and provide a minimum available capacity of 15,000 tons (52 weeks/year) yearly, allowing for seasonal and other peak periods. (REQUIRED FOR OPTIONS 1 AND 2) Provide evidence of all current valid state and Federal permits, licenses, local ordinances, etc., required by law to receive construction and debris at the designated Disposal Site(s). D. (REQUIRED FOR OPTIONS 1 AND 2) Provide evidence of physical and financial capability to perform services described in the bid specifications. 10.0 SELECTION OF CONTRACTOR Bids will be evaluated only if accompanied by the approved form of bid guaranty. Only bids solicited Yom firms or combinations thereof, who have sufficient management, operating, and maintenance experience to fulfill the Town's goads and comply with the applicable local, state, Federal laws, ordinances, regulations, e.g. New York State Department of Environmental Conservation, Resource Conservation Recovery Act and Federal Environmental Protection Agency guidelines will be accepted. The Town will review the bids and make a selection recommendation based on the evaluation criteria included in this Bid Solicitation or take such other action as it deems in its best interest. Any agreement awarded hereunder will be to the responsible Bidder whose Evaluation Unit Bid Price is the lowest. The Town of Southold reserves the right, in its sole discretion, to reject all bids submitted in response to this Bid Solicitation. 11.0 ACCEPTANCE OF BID The acceptance of a Bid will be a Notice of Award signed by a duly authorized representative of the Town, and no other act of the Town shall constitute the acceptance of a Bid. The acceptance of a Bid shall bind the successful Bidder to execute the Agreement and other Agreement Documents, 12.0 ASSIGNMENT The successful Bidder to whom any Agreement shall be let, granted, or awarded shall not assign, transfer, convey, sublet, or otherwise dispose of the Agreement or of his right, title, or interest therein or his power to execute such Agreement, to any person or corporation without the prior written consent of the Town. 13.0 LIMITATION OF FUNDS AVAILABLE The Contractor specifically agrees that any Agreement shall be deemed executory only to the extent of the funds appropriated for the purpose of the Agreement and that no 15 liability shall be incurred by the Town beyond the funds appropriated on the date of execution of the Agreement by the Town for the said purpose. 14.0 INSURANCE AND BONDS 14.1 Insurance For the period fi.om Agreement commencement date until one (1) year after Agreement termination date, Contractor must maintain insurance acceptable to the Town in the kinds and amounts set forth below. All such insurance coverage shall be provided by companies licensed to do business in New York State and the state in which the Disposal Site(s) is (are) located. The Town of Southold and its agent shall be named as an additional insured and coverage shall not be changed or cancelled until thirty (30) days written notice has been given to the Town. Within ten (10) days of the Notice of Award, Contractor shall furnish to the Town, certificates of insurance, in a form satisfactory to the Town Attorney, evidencing such insurance. The kinds and amounts of insurance are as follows: A. Contractor's Insurance o Insurance for liability for damage imposed by law of kinds and in the amounts hereinafter provided coveting all work under the Agreement, whether performed by Contractor or his subcontractors. The kinds and amounts of insurance are as follows: (1) Worker's Compensation Insurance - A Policy covering the operations of the Contractor in accordance with the provisions of Chapter 41 of the Laws of 1914 as amended, known as the Worker's Compensation Law, coveting all operations Of the Contractor, whether performed by him or by his subcontractors. The Agreement shall be void and of no effect unless the person or corporation making or executing same shall secure compensation coverage for the benefit of, and keep insured during the life of said Agreement such employees in compliance with provisions of the Worker's Compensation Law. (2) General Liability (Comprehensive Form) Insurance - Contractor's liability insurance issued to and covering legal liability of the Contractor with respect to all work performed by him under the Agreement. 14.2 Bonds In the event the Contractor secures a Performance Bond from any of its subcontractors, said bond shall also name the Town of Southold as a dual obligee. Should the Town designate another public or private gent of contract administrator, the same or others shall be added as additional named obligee at no added costs to the Town, upon written request from the Town. 16 15.0 INDEMNITY (HOLD HARMLESS) Contractor shall agree to defend, indemnify and save harmless the Town against any and all liability, loss, damage, detriment, suit, claim, demand, cost, charge, attorney's fees and expenses of whatever kind or nature which the Town may directly or indirectly incur, suffer or be required to pay by reason of or in consequence of the carrying out of or the performance of the terms of such Agreement, or the failure to carry out any of the revisions, duties, services or requirements of such Agreement, whether such losses and damages are suffered or sustained by the Town directly or its employees, licensees, agents, engineers, citizens or by other persons or corporations, including any of the Contractor's employees and agents who may seek to hold the Town liable therefor. This indemnity shall include any and all claims, penalties or other losses or damages incurred by the Town as a result of enforcement or other proceedings by Federal, state or local government agencies relating to Contractor's Disposal Site(s) operation. This obligation shall be ongoing, survive the term of the Agreement and include, but not be limited to, claims concerning non-sudden environmental impairments. The Bidder agrees to join in the commencement of any action or proceeding or in the defense of any action or proceeding which in the opinion of the Town constitutes actual or threatened interference or interruption with the Town's fights hereunder, including all necessary appeals which may be necessary, in the opinion of the Town. 16.0 PAYMENTS Contractor shall receive monthly payments for services performed during the prior calendar month upon submission of an invoice (with a Town voucher) that shall contain an itemized list of construction and debris haul trips fi.om the Town of Southold Tyansfer Station including the tonnage of construction material and/or demolition debris and the manifest number for each load of construction and debris removed. Such payments shall be made within sixty (60) days of the Town's approval of Contractor's invoice. Contractor's monthly invoice shall include a daily summary of tonnage received by Contractor at the Transfer Station. The Town shall be entitled to deduct from any payment owing to Contractor any sums expended by the Town to cure any default or other non-compliance by Contractor. 17.0 DEFAULT In the event the Contractor fails to perform its obligations under the Agreement, the Town may terminate such Agreement, and the Town may procure the services from other sources and hold the Contractor responsible for any excess costs incurred and deduct from payments owing to the Contractor and/or draw upon the Performance Bond as full or partial reimbursement for such excess costs. The Town reserves the right to terminate the Agreement for just cause. 17 18.0 TERM OFAGREEMENT The term of this Agreement shall be three (3) years commencing on July 1, 2004. The Town, at its sole discretion, shall have the option of renewing the Agreement for two (2) additional one (1) year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term. 19.0 SERVICE AGREEMENT The Contractor shall be obligated to provide the Town with disposal services without regard to the permit status of its Disposal Site. In the event that Bidder wishes to submit a bid for a Disposal Site for which Bidder does not currently have all necessary federal and state permits, Bidder shall, at its sole risk and expense, he responsible for obtaining and/or renewing its permits or providing to the Town an alternate Construction and debris Disposal Site at no additional cost (disposal plus any additional hauling) to the Town. Failure of the successful Bidder to provide the identified Disposal Site or acceptable alternative Disposal Site, on or after the commencement date for services under the Agreement Documents awarded hereunder shall constitute a breach of this Agreement. The Bidder accordingly shall not be excused from it obligations hereunder by reason of any failure to obtain or maintain its permits at the identified Disposal Site. 20.0 SUBCONTRACTS In the event Bidder does not own the Disposal Site identified in its bid prior to execution of the Agreement, Bidder shall: (1) furnish to the Town a copy of the signed Agreement between Bidder and the Disposal Site Contractor which provides for Bidder's use of the site pursuant to this Bid Solicitation in accordance with the Agreement Documents; (2) require the Disposal Site Contractor to furnish to Contractor and the Town a performance bond guaranteeing the availability of the Disposal Site throughout the term of the Agreement; (3) require the certificates Contractor to provide insurance naming the Town as additional insureds on alt policies maintained by Contractor. 18 21.0 RIGHTS AND OPTIONS The Town of Southold, New York, reserves and holds at the following rights and options upon issuing this Bid Solicitation: 1. To award an Agreement to the candidate whose bid is judged to be the lowest responsible bid pursuant to Section 103 of the General Municipal Law of the State of New York. 2. To reject any and/or all bids. 3. To issue subsequent bid solicitations. 4. To issue additional and subsequent solicitations for statements of qualifications, and conduct investigations or interviews with respect to the qualifications of each Bidder. 5. To designate another public body, private or public agency, group, or authority to act in its behalf for evaluation and Agreement negotiations. 6. To designate another public body, private or public agency, group, or authority to act in its behalf for contract administration of this project at any time during the Agreement period. 19 SECTION B BID SPECIFICATIONS (TECHNICAL/MANAGEMENT) 20 SECTION B BID SPECIFICATIONS TECHNICAL/MANAGEMENT 1.0 REQUIREMENTS This request for bids is issued for the Town of Southold, State of New York, Town Hall, 53095 Main Road, Southold, New York, 11971 (Telephone (631) 765-1800) The effort, shall be known as the Town of Southold Construction Material and Demolition Debris Haul and/or Disposal Service. The Town of Southold desires to issue an Agreement with a qualified Contractor to haul and/or dispose of its Construction and Demolition Debris (C&D). The Town will need to dispose of approximately 3,500 tons of C&D during each year of the agreement. The Contractor will ensure the Town that C&D will continue to be hauled from the Town of Southold's transfer Station to disposal site(s) (OPTION 1), or (OPTION 2) disposed of at permitted disposal site(s). The following general services are sought in this request: · HAUL (OPTION 1 ONLY) Provide equipment, labor, maintenance, management and policies to operate a transportation system for hauling construction and debris fi'om the Town of Southold transfer Station to Contractor designated disposal site(s) as set forth herein· Transportation equipment shall be in accordance with New York State Department of Transportation, Interstate Commerce Commission, United States Department of Transportation, as defined in the Code of Federal Regulations, or other applicable state and federal regulatory requirements· · DISPOSAL (OPTIONS 1 AND 2) Reserve capacity and provide equipment, labor, maintenance, management and policies to receive and dispose of construction and debris from the Town of Southold Transfer Station as set forth herein. The Contractor's New York State Construction and debris Disposal Site(s) must be in compliance with all State of New York Department Of Environmental Conservation's and U.S. Government's Regulatory requirements, e.g., 6 NYCRR Part 360, Resource Conservation Recovery Act (RCRA), Environmental Protection Agency - Subtitle D, et al. Disposal Sites outside New York State shall be permitted by applicable 21 local, state and Federal laws including RCRA and Subtitle D and regulations deemed by the Town to be no less protective of the environment than those outlined in this specification. Disposal alternatives that will be considered include land disposal, incineration, composting, etc., as long as they comply with regulatory requirements and environmental standards. 2.0 PROGRAM GOALS AND OBJECTIVES The goal of this project is the continued safe and reliable hauling and disposal of the construction and demolition debris from the Town Of Southold Transfer Station at minimum cost to the citizenry. It is also the objective of the Town of Southold to ensure that the disposal operations proceed according to the provisions of this document and subsequent agreements/amendments are upheld. 3.0 POTENTIAL REGULATORY AND OPERATIONAL CHANGES During the term of the Agreement, there may be a number of regulatory and operational changes which may Affect the quantities and types of construction and debris received at the Town of Southold Transfer Station and delivered to the Disposal Site. This Agreement will not provide any guarantees with respect to the volume of waste to be hauled and/or disposed of by Contractor. The Town reserves the right to designate another public body, private or public agency, group or authority to act in its behalf for administration of the Agreement at any time during the term of Agreement. 4.0 CHARACTER OF THE CONSTRUCTION AND DEMOLITION DEBRIS The wastes which are to be hauled and disposed of under terms of this bid solicitation are to include typical municipal wastes from a rural community. This will include all wood, sheet rock, shingles, insulation, concrete, bricks, metal, and other items generated by the construction industry. It could also include items generated by renovation activities such as broken furniture, small appliances, carpets, and other like items, as allowed under 6 NYCRR Part 360. It should not include typical household garbage other than what might be generated by construction work crews at construction sites during coffee breaks, lunch breaks, etc. Nor should construction material and/or demolition debris include any wastes covered by special waste permits such as pathogenic or hazardous materials, but the Town cannot guarantee that the waste stream does not contain same. Special costs associated with handling non-compliance loads will be compensated under Forced Accounting (Appendix A-9). 22 4.1 5.0 5.1 Quality and Characteristics Projected tonnage of C&D to be generated by the Town Of Southold are estimates only. Bidders are cautioned that actual quantities may differ from what is anticipated. Recycling programs may affect the quantity and characteristics of the waste received at the Town of Southold Transfer Station. If the Contractor discovers any non-compliance waste (hazardous, regulated medical or special wastes), the Contractor shall notify the Town and dispose of the noncompliance waste in accordance with local, state and Federal regulations. Compensation for such waste disposal services shall be provided for under Forced Accounting (Appendix A-9). The Town makes no specific representations in the foregoing disclosure. PROGRAM ACTIVITIES Collection The Town of Southold Transfer Station is open 7 days a week, except holidays, from 7:00 A.M. to 5:00 P.M. The Contractor will be expected to collect and remove construction and debris from the Transfer Station during the following hours: Monday through Friday 7:00 A.M. to 4:00 P.M., The Transfer Station is closed on the following holidays: New Year's Day Lincoln's Birthday Easter Sunday Independence Day Columbus Day Veterans Day Thanksgiving Christmas Martin Luther King Day Presidents Day Memorial Day Labor Day Election Day 1/2 day before Thanksgiving 1/2 day before Christmas 1/2 day before New Year's Day Under OPTION 1, the Contractor must make transfer containers available for loading seven days a week, if requested, between 7:00 A.M. and 4:00 P.M. Removal of waste on Sundays is frequently not required during the winter months. The Contractor will be expected to provide enough containers to that any C&D is removed fi.om the Town Transfer Station within 72 hours of its delivery. The staging of an adequate number of containers for this purpose will be coordinated with Transfer Station Staff as needed. 23 5.2 Loading Mode (OPTION 1) 5.3 The Contractor shall fully prepare transfer containers for loading, including assuring that container covers or empty containers are left open. Construction and Debris will be loaded by the Town at its Transfer Station using a front end wheel loader or backhoe. After loading, Contractor will bring transfer containers to the Town's truck scales for weighing to prevent overloading and to document haul and disposal tonnages. Contractor will then cover (tarp) his load prior to leaving the site. If required by any local, state or Federal regulations or law, the contractor shall line transport equipment with plastic prior to loading. This service shall be at the Contractor's expense and included in the unit price bid. Town Of Southold Accident and Damage Policy The Contractor shall be required to prepare an Accident Report (See Appendix C) Of any accidents and/or damage that occur while performing services under the term of the Agreement. The Town of Southold shall immediately be notified of any major occurrences such as bodily injury of structural damage to the Town's Transfer Station. An Accident Report will be submitted to the Town within twenty-four (24) hours containing the date, time, location, and complete description of all incidents. The offending parts or representative/e thereof shall also be recorded and required to sign the accident/damage report prior to departing the Town of Southold Transfer Station. All accident and/or damage reports will be included in reports to the Town. 5.4 NYSDEC Part 360 Permit to Operate The Town Of Southold operates the Transfer Station under a New York State Department of Environmental Conservation (NYSDEC) Part 360 Permit to Operate. A copy of NYSDEC Permit is included as Appendix B. 24 6.0 HAUL SERVICES (OPTION 1) For Construction and Debris Haul-Disposal Services Agreement, the following services will include the tasks, responsibilities and performance required as outlined herein· 6.1 Work Included The Contractor shall provide the following major essential services or equipment and any other non-specified items, without limitations, to maintain a reliable haul services operation in a manner that will meet the needs of the Town of Southold. · Management and operation of a fleet to accommodate the transport of construction and debris from the Town transfer Station to Construction and Debris Disposal Site(s) in accordance with all local, state, and Federal regulations. · Financial liability and maintenance responsibility of transport equipment, i.e., dump trailers, transfer trailers bulk material containers, vehicles, personnel and services for open-top loading construction and debris hauling activities. · Coordination of haul services with disposal services. 6.2 Equipment The Contractor shall provide reliable refuse handling and other essential ancillary equipment, along with personnel to operate and maintain a reliable haul services system in a manner that will satisfy the needs of the Town of Southold. The minimum level of haul services equipment acceptable to the Town to support the haul operation includes open-top trailers and bulk material containers. The Contractor will supply additional open-top trailers and containers, etc. The contractor must assure the Town that an adequate reserve supply of equipment exists to haul and dispose of the daily and seasonal construction and debris including unpredictable surges or delays due to inclement weather and that transport equipment storage requirements will meet the Town of Southold Transfer Station requirements. Each bidder is therefore responsible for familiarizing itself with the Town of Southold Transfer Station site, construction and debris, etc., to assure equipment compatibility. Transport equipment may be open-top bulk material containers, dump trailers, roll-off containers or open top transfer trailers, provided that all such equipment is suitable for convenient loading given existing configurations of the Town of Southold Transfer Station· Transport equipment shall be: 1 ) Registered with the State of New York Department of Motor Vehicles or equivalent agency; 2) designed to preclude 25 spillage of waste; 3) loaded within their design capacity and New York State Department of Transportation regulations; 4) well maintained in good working order. Corroded, defective, bent, deformed or punctured trailers, roll-off boxes, or other containers of waste materials shall not be utilized at any time. Suitable covers shall be provided and used while transporting construction and debris in open-top transport equipment. The bidder shall clearly indicate the quantity and type of transport equipment/vehicles it plans to use, their availability date, state of repair, and that such units are compatible with the Town of Southold Transfer Station scales and New York State DOT regulations, United States Department of Transportation, as defined in the Code of Federal Regulations, or equivalent. The Contractor will promptly remove from use any transport equipment/vehicle that does not conform with these requirements and replace it with an acceptable ttnit. The Contractor shall maintain its own off-site maintenance shop facilities for servicing the transport equipment and vehicle fleet, unless it elects to subcontract for these services. No major maintenance may be done at the Town of Southold Transfer Station site. 6.3 Weighings (OPTIONS 1 AND 2) The Town of Southold will provide certified weighing at the Town of Southold Transfer Station. The Contractor will accept these weights for invoicing purposes. All weights will be generated on current certified weigh scales. 6.4 Routing Mode - Contractor's Responsibility (OPTION 1 ONLY) Contractor will have the right to select the route(s) for travel from the Town of Southold transfer Station to the Disposal Site(s). Contractor warrants and guarantees that, in selecting and utilizing such route(s), Contractor will insure that it is not violating any applicable motor vehicle height (overpass clearance), motor vehicle weight restrictions, local ordinances or Interstate Commerce Commission regulations. Contractor will indemnify and hold the Town harmless from any claims, fines and other damages assessed upon or incurred by the Town as a result of any violations of applicable restrictions or regulations relating to the routes traveled by the Contractor. 7.0 DISPOSAL SERVICES PROGRAM ACTIVITIES For C&D Haul-Disposal Service Agreement, the following disposal services will include the tasks, responsibilities and performance requirements as outlined herein. 26 7.1 Work Included The Contractor shall provide the following major essential services or equipment and any other non-specified items, without limitations, to maintain a reliable disposal services operation in a manner that will meet the needs of the Town of Southold. · Liability insurance, performance and payment bonds· · Safety equipment. 7.2 Operational Capacity 7.3 The bidder shall identify in its proposal, the following information: · Disposal Site capacity. · Flexibility of Disposal Site capacity to allow for seasonal variances in waste generation and sufficient to permit service in the tonnages bid. · Hours and days of the week that the designated Disposal Site will be open for receiving C&D from the Town of Southold, including weekends, holidays and special closure periods. Permit Requirements Throughout the term of Agreement that may result from this Bid solicitation, the Contractor must maintain all current and valid local, state and Federal permits, licenses, or other authorizations, (either temporary and permanent) which are required by law to receive construction and debris at any and all Disposal sites designated by the bidder. Because of the varying terms of C&D Disposal Site permits, it is possible that a permit will expire during the term of Agreement. The responsibility of obtaining and/or renewing a permit to operate is solely upon the Contractor. In the event a Contractor fails to maintain or obtain any necessary current and valid local, state and Federal permits, licenses, or other authorizations, allowing the lawful use of its designated Disposal Site then the Contractor will be solely responsible for obtaining the utilization of an alternate Construction and Debris Disposal Site at no additional cost to the Town including any additional hauling cost because of the location of the alternate Disposal site· Under no circumstances shall such a change in Disposal Site or failure or inability to obtain permits by the Contractor be considered a change in conditions· In the event the Contractor is unable to find an altemate Disposal Site, it shall be deemed to be in default of the 27 Agreement and liable for damages, bonds forfeitures and other expenses as provided in the Agreement. In the event the individual and/or entity submitting a bid in response to this bid solicitation 'is not the individual and/or entity named as the permit holder on any necessary current and valid local, state or federal permits, licenses or other authorizations, required by law to receive construction and debris at any disposal site designated by the bidder or any alternate disposal site, the bidder is required to provide satisfactory evidence to the Town of Southold of a binding contractual relationship between the bidder and the permit holder which provides the bidder with the irrevocable right to utilize the construction and debris disposal site during the term of Agreement, or portion thereof, in a manner which is in complete compliance with this bid solicitation and the bidder's bid submission. The agreement between the bidder and the permit holder shall include provisions that: 1. Provide Town with the right to discuss operational matters with the permit holder whenever necessary. 2. Require the permit holder to comply with directives of the Town which are consistent with and pursuant to the Agreement which shall result from this bid solicitation. 7.3.1 Disposal Sites Inside State of New York The Contractor's Construction and Debris Disposal Sites, if located within the State of New York, must be in compliance with all State of New York Department of Environmental Conservation% and U.S. Environmental Protection Agency regulators requirements, e.g., 6 NYCRR Part 360, Resource Conservation Recovery Act (RCRA), Environmental Protection Agency - Subtitle D, et al. The Construction and Debris Disposal Site must have valid construction and operating permits in accordance with all applicable laws in the jurisdiction in which it is located. It shall be permitted to accept Town of Southold construction and debris without violating applicable law. It shall meet the design, construction and operating requirements of all applicable laws in the jurisdiction where the disposal site is operating. Disposal altematives that will be considered include land disposal, incineration, composting, etc., as long as they comply with all the above governing regulators requirements and environmental standards. The use of Construction and Debris Disposal Sites shall be subject to the approval of the Town of Southold based upon review of information submitted with the bid describing in detail the nature of the disposal process and other information reasonably requested by the Town. No Disposal Site shall be acceptable unless it poses no significant threat to the environment and its design, construction and operation complies with all applicable laws. 28 7.3.2 Disposal Sites Outside State of New York 7.4 8.0 The Contractor's Construction and Debris Disposal Sites, if located outside the State of New York must be in compliance with all the applicable local, state and Federal laws and regulations and U.S. Environmental Protection Agency regulatory requirements, e.g. Resoume Conservation Recovery Act (RCRA), Environmental Protection Agency - Subtitle D, et al. The Construction and Debris Disposal Sites must have valid construction and operation permits in accordance with all applicable laws in the jurisdiction in which it is located. It shall be permitted to accept Town of Southold construction and debris without violating applicable law. It shall meet the design, construction and operating requirements of all applicable laws in the jurisdiction where the disposal site is operating. Bidder must clearly specify their intended disposal alternatives and support same with copies of appropriate experience, site location, permits, agreements et al., as outlined in this bid solicitation. The use of Construction and Debris Disposal Sites shall be subject to the approval of the Town of Southold based upon review of information submitted with the bid describing in detail the nature of the disposal process and other information reasonably requested by the Town. The Contractor shall be solely and completely Responsible for any and all liability relative to contractor's failure to dispose of construction and debris at an approved site. Weighings The Town will compensate the Contractor for waste material hauled and disposed of on a net tonnage basis (short tons = 2000 pounds). The certified weighings will be made at the Southold Town Transfer Station. The Disposal Site will accept these weights for invoicing purposes. All weights will be generated on current certified weigh scales. In the event of any dispute over differences in net weights between the Town and Disposal Sites scales and weight records, the Town may make payment upon the weight it deems to be most correct, until the dispute is reconciled. Any claims for differences must be filed in writing within sixty (60) days of occurrence or the Town's calculation shall be deemed final and binding between the parties. SAFETY AND HEALTH REGULATIONS The Contractor shall comply with all current Federal Department of Labor, Safety and Health Regulations under the Occupational Safety and Health Act, 1972 (PL 91-596) and Section 107, Agreement Work Hours and Safety Standards Act (PL 91-54). Specific consideration shall be given, but not limited to, the following major areas: 29 a. Maintenance safety procedures - guards and Shields on dynamic equipment, guards, railings, electrical lockouts, vehicle wheelblocks, audio vehicle backup alarms, vehicle wheel chocks, etc. b. Employee safety orientation, education, teaching, first-aid training, cardiopulmonary resuscitation, etc. c. Noise and dust control, ear protection, respirators, hard-hats, safety shields, glasses, protective clothing, sanitary facilities, etc., d. Fire and explosion preventions, control, equipment (fire blankets, extinguishers, first aid, hoses, etc.) and personnel escape alternatives. e. Traffic flow control patterns. f. Accident or injury reporting system (the Town shall received copies of all reports and immediate verbal notification). g. Employee health safeguards. h. Mechanic's lien safeguard against work interference. The Contractor shall comply with all local, state and Federal regulations, laws and statutes which apply to the work and to safety in particular. The Contractor shall comply with New York State Department of Labor current requirements. The Contractor shall be solely and completely responsible for operational safety during performance of the Agreement. The obligation exists twenty-four (24) hours a day, each and every day throughout the term of the Agreement. The Town of Southold shall not have any responsibility for means, methods, sequences of techniques selected by the Contractor for safety precautions and programs, or for any failure to comply with laws, rules, regulations, ordinances, codes or orders applicable to the Contractor furnishing and performing the services under the terms of the Agreement 9.0 OPERATIONS AND PROCEDURES The Contractor will be required, prior to commencement of operations, to certify that it maintains the following operational plans: 30 · Operational plan - shifts, hours, etc. · Safety, disaster, and emergency procedures. · Transportation plan, including available transport equipment, vehicle fleet and reserve capabilities· Inclement Weather Plan - This shall describe the bidder's plan should inclement weather alter normal daily operations as described in the bidder's operations plan. The inclement weather plan shall include hauling operations and disposal operations· The bidder's means of assessing inclement weather conditions (weather and road conditions), method of reporting to the Town and the alternatives shall be described· In addition, prior to commencement of operations, the Contractor shall provide the Town with a list of key personnel/staff that will be servicing the account for the contractor, including job title, names and telephone numbers. 9.1 Supporting Data In the event the Town requires any information in support of Town held licenses and permits at the Town, County, State and Federal level, the Contractor will be required to furnish all licenses, permits and inspection reports regarding equipment and disposal sites which may be required by Town, County, State or Federal law within 48 hours of being requested by the Town. In the event the Contractor requires any information in support of Contractor held licenses and permits at the Town, County, State and Federal level, the Town will cooperate in furnishing such information as it applies to the Southold Town operations· Operating (hauling and disposal) records shall be considered essential to the operation· The Contractor shall keep these data in an organized fashion that allows for easy retrieval and analysis. The Town, or its designee, may upon 24 hours notice inspect the contractor's records· Such records shall he kept, available by Contractor for a period of two (2) years after termination of this Agreement. In the event the Town requires additional information for reporting purposes, the Contractor will supply same· The Town, or its designee, may call upon the Contractor at anytime for an oral review of any technical matter· 31 The Contractor shall file and update the following information as specified herein. Items Haul Equipment (Schedule H) Haul Accident Report (Appendix C) Disposal Accident Reports Licenses, Permits and Inspection Reports Part 360 Permit All Bid Information Schedules Due as changes occur on occurrence on occurrence on occurrence as changes occur as changes occur 32 SECTION C CONTRACTOR BID FORM 33 SECTION C TOWN OF SOUTHOLD CONSTRUCTION MATERIAL AND/OR DEMOLITION DEBRIS SERVICES CONTRACTOR BID FORM 1.0 INTENT The undersigned hereby recognizes that these documents are complementary and are intended to provide for uniformity in bid evaluations. The formal Agreements resulting from this Bid Solicitation shall be in a form provided by the Town. These documents are intended to depict complete Construction and Debris Haul- Disposal Services Agreement and therefore any discrepancies contained in the documents, of the omission from the documents of express reference to any work which obviously was intended under the Agreement, shall not excuse or relieve the Bidder from furnishing the same. No oral statement shall in any manner or degree modify of otherwise affect the terms of the Agreement. Work or materials described in words which have a well known technical or trade meaning, shall be interpreted by such meaning. 2.0 GENERAL BID STATEMENT TO: TOWN OF SOUTHOLD STATE OF NEW YORK 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 Gentlemen: The undersigned Bidder has carefully examined the forms and content of the Bid Solicitation, including notice to bidders, bid bond, sample operating agreement, performance bond, certificates of insurance, general conditions, bid specifications, and addenda, has familiarized itself with the sites of work, and hereby proposes to furnish all necessary services, permits, labor, materials, equipment, vehicles, and tools required to perform and complete the work in strict accordance with all of the bid documents written by or on behalf of the Town of Southold for this project. 34 The undersigned Bidder agrees to abide by all conditions stated, intended, implied both particularly and generally by the terms of this Bid Solicitation, the Agreement to be provided by the Town, and the unit price Bid herein stated. 1. The Undersigned Bidder also agrees as follows: FIRST: If this bid is accepted, to execute the Agreement and furnish to the Town a satisfactory performance bond, and insurance all within ten (10) calendar days. SECOND: To begin Construction and Debris Haul and/or Disposal services operations on the commencement date of any Agreement awarded hereunder, having completed all necessary prior preparations of operational planning, personnel hiring, equipment procurement, subcontractor contractual agreements, and ancillary facilities, etc., to assure a smooth and orderly acceptance of these duties. THIRD: To pay the Town any and all damages it may incur as a result of the Contractor's failure to perform all acts necessary to the execution of the Agreement as provided in the Bid Solicitation. It is recognized and agreed that the Town has the unconditional right to utilize the funds provided by the bid bond posted by the Bidder as a means of obtaining indemnification or, payment of such damages. FOURTH: During the performance of this Agreement, the Contractor hereby agrees as follows: The Contractor shall not discriminate against any employee or applicant for employment because of age, race, creed, color, sex, sexual orientation, marital status, national origin, physical disability, and shall take affirmative action to ensure that they are afforded equal employment opportunities without discrimination because of age, race, creed, color-, sex, sexual orientation, marital status, national origin or physical disability. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination, rates of pay, or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. b4 The Contractor shall comply with the provisions of Sections 290 through 301 of the Executive Law, shall furnish all information and reports deemed necessary by the State Commission for Human Rights under these nondiscrimination clauses and such sections of the Executive Law, and shall permit access to his books, records, and accounts by the State 35 Commission for Human Rights, the Attorney General, and the Industrial Commissioner for purposes of investigation to ascertain compliance with these nondiscrimination clauses and such sections of the Executive Law and Civil Rights Law, This Agreement may be forthwith cancelled, terminated, or suspended, in whole or in part, by the Town upon the basis of a finding made by the State Commission for Human Rights that the Contractor has not complied with these nondiscrimination clauses, and the Contractor may be declared ineligible for future Agreements made by or on behalf of the state or public authority or agency of the state, until he satisfies to the State Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these nondiscrimination clauses. Such findings shall be made by the State Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these nondiscrimination clauses and after verified complaint has been filed with the Commission, notice thereof has been given to the Contractor, and an opportunity has been afforded to him to be heard publicly before three members of the Commission. Such sanctions may be imposed and remedies invoked independently or in addition to sanctions and remedies otherwise provided by law. d. No laborer, workman or mechanic in the employ of the Contractor or subcontractor shall be permitted or required to work more than eight hours in any one calendar day, or more than five days in any one week except as otherwise provided in Labor Code Section 220. The Contractor shall include the provisions of clauses (a) through (e) in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within the State of New York. The Contractor will take such action in enforcing such provisions of such subcontract or purchase order as the Town may direct, including sanctions and remedies. FIFTH: By submission of this bid, the Bidder and each person signing on behalf of any Bidder certifies, and in case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury that to the best of his knowledge and beliefi The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor. 36 b. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder or to any competitor. c. No attempt has been made nor will be made by the Bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The undersigned also declares that it has or they have carefully examined the Bid Solicitation requirements and sample operating agreement and that it has or they have personally inspected the actual location of work, together with the local sources of supply, has or have satisfied itself or themselves as to all the quantities and conditions, and waives all fights to claim any misunderstanding, omissions or errors regarding the same which such inspection and observation would have disclosed. The undersigned further understands and agrees that it is or they are to furnish and provide in return for the respective Evaluation Unit Bid Price, all the necessary materials, machinery, vehicles, implements, tools, labor services, and other items of whatever nature, and to do and perform all work necessary under the aforesaid conditions, to complete operations of the aforementioned Construction and Debris Haul-Disposal Services operations in accordance with the Bid Solicitation requirements, which requirements are a part of this response, and that it or they will accept in full compensation therefore, the compensation provided for in Section C-3. The undersigned submits herewith a bid guaranty within the form provided by the applicable bid documents in the amount of $100,000.00 for any option or combination thereof. In the event this proposal is accepted, and the undersigned fails, within ten (10) calendar days after date of receipt of Notice Of Award from the Town to execute and deliver an Agreement in the form provided by the Town or fails to execute and deliver evidence of proper insurance coverage and performance bond in the amounts required and in the prescribed form within ten (10) days after Notice of Award, the bid guaranty shall be forfeited and be retained by the Town toward the satisfaction of liquidated damages and not as a penalty. Otherwise, the total amount of hid guaranty liquidated will be returned to the Bidder. The Bidder has completed the Contract Bid Form and Unit Price Schedules in both words and numerals in accordance with these bid requirements. 37 3.0 3.1 UNIT PRICE BID SCHEDULE CONSTRUCTION AND DEBRIS HAUL-DISPOSAL SERVICES SOUTHOLD TOWN, NEW YORK COMPENSATION (TO BE COMPLETED ONLY IF BIDDING OPTION 1) The undersigned hereby submits the following price bid to furnish Construction and Demolition Debris Haul-Disposal Services, to Southold Town, New York for the terms through HAUL-DISPOSAL SERVICES The Haul-Disposal Service applicable unit price per ton for agreement year is dollars and cents ($ ). (C1) The Haul-Disposal Service applicable unit price per ton for agreement year is dollars and cents ($ ). (C2) The Haul-Disposal Service applicable unit price per ton for agreement year is cents ($ ). (C3) The Haul-Disposal Service applicable unit price per ton for agreement year is cents ($ ). (C4) The Haul-Disposal Service applicable unit price per ton for agreement year is cents ($ ). (C5) dollars and dollars and dollars and 38 3.1.1 PRICE FORMULA FOR HAUL AND DISPOSAL SERVICES BID (OPTION 1) Evaluation Unit Bid Price = (C 1)5,000+(C2)5.000+(C3)5,000+.5(C4)5,000+5(C5)5,000 17,500 tons Evaluation Unit Bid Price = $ The evaluation unit bid price formula is designed to evaluate years four and five at one- half the weight of each of the first three (3) years. Bidder: Firm-Corporation By: Authorized Representative Date Address 3.2 COMPENSATION (TO BE COMPLETED ONLY IF BIDDING OPTION 2) The undersigned hereby submits the following price bid to furnish Construction and Demolition Debris Disposal Services, to Southold Town, New York for the terms through DISPOSAL SERVICES The Disposal Service applicable unit price per ton for agreement year is dollars and cents ($ ). (C1) The Disposal Service applicable unit price per ton for agreement year is dollars and cents ($ ). (C2) The Disposal Service applicable unit price per ton for agreement year is dollars and cents ($ ). (C3) 39 The Disposal Service applicable unit price per ton for agreement year is cents ($ ). (C4) The Disposal Service applicable unit price per ton for agreement year is cents ($ ). (C5) dollars and dollars and 3.2,1 PRICE FORMULA FOR DISPOSAL SERVICES ONLYBID (OPTION 2) Evaluation Unit Bid Price = (C 1)5,000+(C2)5.000+(C3)5,000+.5(C4)5,000+5(C5)5,000 17,500 tons Evaluation Unit Bid Price = $ The evaluation unit bid price formula is designed to evaluate years four and five at one- half the weight of each of the first three (3) years. Bidder: By: Firm-Corporation Authorized Representative Address Date 40 4.0 BID SECURITY ACKNOWLEDGMENT I have attached the required bid security to this bid. 5.0 INFORMATION SCHEDULES I agree to furnish and include the following information schedules in addition to the information submitted with this proposal, as a part of this bid: A. Certification that the Bidder does not currently owe taxes, or other outstanding funds, or have pending or is currently involved in any litigation involving the Town of Southold, State of New York Schedule A, attached hereto). B. Location and address of the Bidder's ma'm office and the main office of parent companies (if applicable) and Certified Statements of Ownership (Schedule B, attached hereto). C. Identification of Surety Company and its Agent, and written certification from the Surety verifying the bond specified herein will be provided (Schedule C, attached hereto). D. Identification of all currently registered parent bidding subsidiary corporate officers, and their addresses, and identification and certification of offices authorized to execute an Agreement on behalf of the firm (Schedule D, attached hereto). E. Detailed financial statement for the Bidder, and if applicable, for parent companies (Schedule E, attached hereto). F. Statement of Bidder's Qualifications and related experiences (Schedule F, attached hereto). G. Major Subcontractors - (Schedule G, attached hereto). H. Equipment o (Schedule H, attached hereto). I. Maximum Specified Capacity- (Schedule I, attached hereto). J. Information on Bidder's Construction and debris Disposal Site(s) (Schedule J, attached hereto). K. Form of Bid Bond (Schedule K, attached hereto). 41 Dated: Performance Bond (Schedule LT attached hereto). Operation Plan (Schedule M, attached hereto). Name of Bidder: Address of Bidder: By: Signature Corporate Seal (If a Corporation) Incorporated under the laws of the State of Names and addresses of officers of the corporation: Title (President) Name Address (Secretary) Name Address (Treasurer) Name Address (If an individual or parmership) Names and addresses of all principals or partners 42 INFORMATIONAL SCHEDULE A Town Of Southold Bid Project C&D Haul - Disposal Services Tax/Litigation Certification This Bidder herein certifies that as a (Bidder's legal name) Bidder, it does not currently owe delinquent taxes or other outstanding funds, or having pending or currently involved in any litigation involving the Town of Southold, State of New York. Name of Bidder: By: Date: NOTE: (1) If blank not applicable, fill in with N/A (2) If bidder owes the Town taxes or is involved in any litigation, a statement of explanation will be attached hereto. 43 INFORMATION SCHEDULE B Town Of Southold Bid Project C&D Haul and/or Disposal Services The following is Information on the undersigned Bidder's office locations: Bidder's Parent Bidder's Main Office Corporation Main Office Manager's Name (Contact) Firm's Legal Name Street Address (Box Number) City State Zip Telephone Number Manager's Name (Contact) Parent Firm's Legal Name Street Address (Box Number) City State Zip Telephone Number The Bidder herein certifies that the is partially/wholly owned subsidiary of This Parent Firm By: Firm Parent Firm is owned Or is a public/private stock corporation Bidder Office Locations/Ownership Certification Bid Proposal Form Schedule 5.0.B Page 1 of 2 44 INFORMATION SCHEDULE B (Continued) Name of Bidder By: Date: Note: (1) Any attachments or modifications to this form shall be labeled Schedule 5.0.B and be properly integrated into the Bid Form. (2) If Blank not applicable, fill in with N/A Bidder Office Location/Ownership Certification Bid Proposal Form Schedule 5.0.B Page 2 of 2 45 INFORMATION SCHEDULE C Town of Southold Bid Project C&D Haul and/or Disposal Services This is identification that will be the Surety Company for the Bidder, on this project and that the named Surety Company herein provides written certification that the named Surety Company will provide the Performance Bond, specified in the Contract Documents, in the event the Bidder enters into an Agreement with the Town. The Surety Company that such Company is licensed to do business in the State of New York. (Seal) By: (L.S.) Principal Surety Company Surety Verification Bid Proposal Form Schedule 5.0.C 46 INFORMATION SCHEDULE D Town of Southold Bid Project C&D Haul and/or Disposal Services The Bidder herein certifies that the below named individuals are the current registered corporate officers, along with their current permanent addresses, and designates their authority to execute on behalf of the firm. Officer's Name Subsidiary Corporate Title Address City State, Zip. Officer's Name Parent Corporate Title Address City State, Zip Officer's Name Subsidiary Corporate Title Address City State, Zip Officer's Name Parent Corporate Title Address City State, Zip Officer's Name Subsidiary Corporate Title Address City. State, Zip_ Officer's Name Parent Corporate Title Address City State, Zip Current Corporate Officers Bid Proposal Form Schedule 5.0.D Page 1 of 2 47 INFORMATION SCHEDULE D - (Continued) Officer's Name Subsidiary Corporate Title Address City_ State, Zip. Officer's Name Parent Corporate Title Address City State, Zip. Corporate Seal Name of Bidder: By: Date: NOTE: If blank not applicable, fill in with N/A Current Corporate Officers Bid Proposal Form Schedule 5.0.D Page 2 of 2 48 INFORMATION SCHEDULE E Town of Southold Bid Project C & D Haul and/or Disposal Services STATEMENT OF BIDDER'S FINANCIAL CONDITION 1. This Bidder agrees to provide for any subsidiary and parent Firm, and hereto attaches a current or the most recent Audited Financial Statement(s) including as a minimum the firms opinions, notes, revenue/expense statements, conditions of cash, etc. The attached statement provided includes: Accounting Firm Name Address Financial Period Statement Date To The bidder certifies that he curremly has an available line of credit in the amount of $ . A supporting documentary evidence attached to this form is supplied by: Name Address Date Date The undersigned Bidder certifies to the validity of statement end agrees to furnish any other information upon request that may be required by the town of Southold, New York. Bidder's Financial Condition Bid Proposal Form Schedule 5.0.E Page 1 of 2 49 INFORMATION SCHEDULE E - (continued) The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by Town of Southold, New York in verification of the firms financial condition. Dated at This day of 2001 State of New York, County of Name of Bidder Title being duly sworn deposes and says that he is the of Title Name of Organization And that the answers to the foregoing questions and all statement therein contained are true and correct. Sworn to me this day of ,20__ Notary Public My Commission expires on NOTE: (1) (2) (Bidder may submit additional information if desired as Schedule E attachments.) If blank not applicable, fill in with N/A Bidder's Financial Condition Bid Proposal Form Schedule 5.0.E Page 2 of 2 50 INFORMATION SCHEDULE F Town of Southold Bid Project C&D Haul and/or Disposal Services The Bidder herein certifies that it is qualified to perform the work covered by this proposal, and that if is not acting as a broker on the behalf of others. To substantiate these qualifications, the Bidder offers the following related information and references in order that the Town may evaluate the Bidder's Qualifications and experience 1. Bidder's Legal Name: 2. Business Address: Street 4. 5. 6. 7. 8. 9. City State Incorporated: New York State; Business License No.: State Zip Year Incorp.. No. Years in contracting business under above name Has firm ever defaulted on a contract? Yes Gross Value - work under current contract: $ Number of Current Contracts: Brief description general work performed by firm: Qualifications Summary Bid Proposal Form Schedule 5.0.F Page 1 of 4 51 10. 11. 11.1 INFORMATION SCHEDULE F (Continued) Has firm ever failed to complete mock awarded? Yes If yes, attach support statement as to circumstances. Related Experience Reference (within previous 5 years) Project Title: No Owner's Name; Address: Engineer: Address: Project Initial Start Date: Project Acceptance Date: Initial Bid Value: $ Final Complete Project Value: $ Brief Project Description: 11.2 Project Title: Owner's Name: Address: Engineer: Address: Project Initial Start Date: Project Acceptance Date: Qualifications Sunmaary Bid Proposal Form Schedule 5.0.F Page 2 of 4 52 INFORMATION SCHEDULE F - (Continued) Initial Bid Value: $ Final Complete Project Value: $ Brief Project Description: 11.3 Project Title: Owner's Name: Address: Engineer: Address: Project Initial Start Date: Project Acceptance Date: Initial Bid Value: $ Final Complete Project Value: $ Brief Project Description: Qualifications Summary Bid Form Proposal Schedule 5.0.F Page 3 of 4 53 12. iNFORMATION SCHEDULE F - (Continued) Principal Firm Members' Background/Experience (2 members minimum). Attach current resumes as Schedule 5.0.F supplement or give concise description by individual. Name of Bidder: By:. Date: (Authorized Signature) NOTE: Any supplemental attachments or modifications to this form shall be labeled Schedule 5.0.F., and shall be properly integrated into this Bid Form. If blank not application, fill in with N/A Qualifications Summary Bid Proposal Form Schedule 5.0.F Page 4 of 4 54 INFORMATION SCHEDULE G Town of Southold Bid Project C&D Haul and/or Disposal Services The Bidder hereby states that it proposes, if awarded an Agreement to use following haul subcontractors on this project. 2. 3. 4. 5. 6. 7. 8. 9. 10. Subcontractor/ Contract Trade Individual Address Phone # Specialties Name of Bidder: By:. (Authorized Signature) Date: NOTE: If blank not applicable, fill in with N/A Subcontractors Bid Proposal Form Schedule 5.0.G 55 INFORMATION SCHEDULE H Town of Southold Bid Project C & D Haul and/or Disposal Services The Bidder states that it owns the following pieces of equipment that are available for use on the project, if awarded the agreement. Proposed Current Equipment Item Project Use Equipment Location NOTE: Name of Bidder: By: Date: Any supplemental attachments or modifications to form shall be labeled Schedule 5.O.H and shall be properly integrated into the Bid Form. If blank not applicable, fill in with N/A Construction Equipment Bid Proposal Form Schedule 5.0.H 56 INFORMATION SCHEDULE I Town of Southold Bid Project C&D Haul and/or Disposal Services The Bidder hereby states that it will be prepared to dispose of up to the following Maximum Specified Yearly Capacities in tons of Town of Southold construction material and/or demolition debris if awarded an Agreement. Contract Year Maximum Tons per Contract Year Name of Bidder: By: Date: Maximum Specified Capacity Bid Proposal Form Schedule 5.0.1 57 INFORMATION SCHEDULE J Town of Southold Bid Project C&D Haul and/or Disposal Services NOTE: IF A BIDDER INTENDS TO UTILIZE MORE THAN ONE DISPOSAL SITE, AN INFORMATION SCHEDULE J MUST BE COMPLETED FOR EACH DISPOSAL SITE. The Following is information on the undersigned Bidder's Disposal Site: I. GENERAL A. Disposal Site Location Name: Address: Phone: Disposal Site mailing address (if different than A) Address: II. CURRENT OPERATIONS A. Operations Permit 1. Permittee: 2. No.: 3. State: 4. Date of issue: 5. Date of Expiration: 6. Copy Enclosed: Bidder Disposal Site(s) Bid Proposal Form Yes; No: Schedule 5.0.J Page 1 of 7 58 INFORMATION SCHEDULE J - (Continued) Hours of Operations 1. What are the PERMITTED operating hours? DAY A.M. P.M. Monday to Tuesday to Wednesday to Thursday to Friday to Saturday to Sunday to 2. Are there any PERMITTED closure periods stipulated? 3. What are the ACTUAL operating hours? DAY A.M. P.M. Monday to Tuesday to Wednesday to Thursday to Friday to Saturday to Sunday to 4. What holiday or other period is the Disposal Site typically closed? DAY YES NO New Year's to Memorial to Independence to Labor to Thanksgiving to Christmas to Other (specify). to Bidder Disposal Site(s) Bid Proposal Form Schedule 5.0.J Page 2 of 7 59 INFORMATION SCHEDULE J - (continued) Will the ACTUAL operating hours in Question II.B.3 be extended up to the PERMITTED operating hours in Question II.B. 1 in order to accommodate Town of Southold construction material and/or demolition debris? Yes No Are there, any local agreements, ordinances, etc. which would prohibit extending the ACTUAL operating hours in Question II.B.3 up to the PERMITTED operating hours in Question II.B.i.? Yes No What is the PERMITTED annual capacity in cubic yards? At the PERMITTED levels in Question II.C., what is the projected useful life in years? E What is the annual RECEIVING level today?_ Bidder Disposal Site(s) Bid Proposal Forms Schedule 5.0.J Page 3 of 7 60 INFORMATION SCHEDULE J - (Continued) At the RECEIVING levels in Question II.E. projected useful life in years? How much of the RECEIVING level in Question II.E. is committed to under contract in cubic yards? Does the Disposal Site have special waste restrictions 1. Asbestos 2. Wastewater Treatment Sludge 3. Hazardous Waste Gate Yes No Fee ($) Bidder Disposal Site(s) Bid Proposal Form Schedule 5.0.J Page 4 of 7 61 III. INFORMATION SCHEDULE J - (Continued) Are there any existing Agreements with local municipalities which prohibit: Item 1. Routing to site 2. Weight limits between state roads and site 3. Number of vehicles 4. Vehicle size 5. C&D importation outside jurisdictional area 6. Host Community Benefits EXPANSION PLANS A. Application Permit 1. Permittee: 2. No.: 3. State: 4. Date of Submission: 5. Copy Enclosed: 6. Submission Status: a. Yes N__qo Yes No Expansion of current site or new site Bidder Disposal Site(s) Bid Proposal Form Local Citizenry reaction Regulatory agency Schedule 5.O.J Page 5 of 7 62 INFORMATION SCHEDULE J - (Continued) d. Litigation e. Likelihood to succeed If you are successful in Question III.A., what is the additional annual DESIGN capacity in cubic yards (do not include figures from Question II.C)? At the annual DESIGN levels in Question III.B., what would be the projected useful life in years? D. Would you be willing to share with the Town of Southold engineering reports utilized for the preparation of the Operating Permits on Expansion Application? Yes No E. Bidder's Disposal Site(s) Engineer of Record Firm's Name Firm's Address Project Engineer Bidder Disposal Site(s) Bid Proposal Form Schedule 5.0.J Page 6 of 7 63 INFORMATION SCMEDULE J - (Continued) IV. ATTACHMENTS Attach copies of all permits required of the disposal site(s) and a copy of the agreement, performance bond and insurance between bidder and permit holder to use the disposal site(s) during the term of this Agreement. Are you willing to meat with the Town of Southold to discuss your short and long term disposal capabilities? Yes No The undersigned hereby certifies that services, material, or equipment to be furnished as a result of this bid will be in full accordance with Town of Southold specifications applying thereto unless exceptions are indicated above and an explanation attached. Bidding Company Address By City State Zip (Please Print or Type) Signature NAME AND TITLE Phone No. Date CORPORATE SEAL Bidder Disposal Site(s) Bid Proposal Form Schedule 5.0.J Page 7 of 7 64 INFORMATION SCHEDULE K FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto as Owner in the sum of for the payment of which, will end truly be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this day of ., 20 The condition of the above obligation is such that whereas the Principal has submitted to the Town of Southold a certain Bid, attached hereto and hereby made a part hereof to enter into contract in writing, for the hauling and disposal of construction material and/or demolition debris; NOW, THEREFORE, (a) If said Bid shall be rejected or in the alternate, (b) If said Bid shall be accepted, and the Principal shall execute and deliver an Agreement in the form of the Sample Operating Agreement attached hereto (properly completed in accordance with said Bid) and shall furnish certificates of insurance and a bond for this faithful performance of said Agreement, and for the payment of all persons performing labor or funfishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood end agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. Form of Bid Bond Schedule 5.0.K BID (PROPOSAL) FORM Page 1 of 3 65 The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension, IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of Them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. (L.S.) Principal Surety By: Address of Surety: SEAL (ACKNOWLEDGEMENT BY CONTRACTOR, IF A CORPORATION) STATE OF: ) COUNTY ) SSN : On this day of ,20 , before me personally came , to me known, who being duly sworn, did depose and say that he resides in ; that he is the of the corporation described in and which executed the foregoing insmmaent; that he knows the seal of the corporation; that the seal affixed to the instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of the corporation; and that he signed his name thereto by like order. Notary Public Form of Bid Bond Bid Proposal Form Schedule 5.0.K Page 2 of 3 66 (ACKNOWLEDGEMENT BY CONTRACTOR. IF A PARTNERSHIP) STATE OF: ) COUNTY OF: ) SSN: On this day of ,20 , before me personally came , to ms known, and known to me to be a member of the finn of and known to me to be an individual described in, and who executed the foregoing instrument in the Firm name of , and he duly acknowledged to me that he executed the same for and in the behalf of said finn for the uses and purposes mentioned therein. Notary Public (ACKNOWLEDGEMENT BY INDIVIDUAL CONTRACTOR) STATE OF: ) COUNTY OF: ) SSN: On this day of ,20 , before me personally came _, to me known and known to be the person described in and who executed the foregoing instrument and duly Acknowledged that he executed the same. Notary Public Form of Bid Bond Bid Proposal Form Schedule 5.0.K Page 3 of 3 67 INFORMATION SCHEDULE L PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the "principal") and (hereinafter called the "Surety") are held and firmly bound to the Town of Southold (hereinafter called the "Owner") in the full and just sum of dollars ($ good and lawful money of the United States of America, for the payment of which sum of money, well and truly to be made and done, the Principal binds himself, his heirs, executors, administrators and assigns and the Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Agreement bearing date on the __ day of ,20 , with the Owner for the Town of Southold construction material and/or demolition debris Haul-Disposal Services, a copy of which Agreement is annexed to and hereby made part of this bond as though herein set forth in full. NOW, THEREFORE, the conditions of this obligation are such that if the Principal, his or its representatives or assigns, shall well and faithfully comply with and perform all the terms, covenants and conditions of said Agreement or his (their, its) part to be kept and performed and all modifications, amendments, additions and alterations thereto that may hereafter be made, according to the true intent and meaning of said Agreement, and shall fully indemnify and save harmless the Owner from all cost and danmge which it may suffer by reason of failure so to do, and shall fully reimburse and repay the Owner for all outlaw and expense which the Owner may incur in making good any such default, and shall protect the said Owner against, and pay any and all amounts, damages, costs and Judgments which may or shall be recovered against said Owner or its officers or agents or which the said Owner may be called upon to pay to any person or corporation by reason of any damages arising or growing out of the doing of said work, or the repair of maintenance thereof, or the manner of doing the same, or the neglect of the said Principal, or his (their, its) agents or servants or the improper performance of the said work by the said Principal, or his (their, its) agents or servants, or the infringement of any patent or patent rights by reason of the use of any materials furnished or work done as aforesaid or otherwise, then this obligation shall be null and void, otherwise to remain in full force and effect; Performance Bond Bid Proposal Form Schedule 5.0.L Page 1 of 8 68 PROVIDED, HOWEVER, the Surety, for value received hereby stipulates and agrees, if requested to do so by the Owner, fully perform and complete the work mentioned and described in said Agreement, pursuant to the terms, conditions, and covenants thereof, if for any cause the Principal falls or neglects to so fully perform and complete such work and the Surety further agrees to commence such work of completion within ten (10) calendar days after written notice thereof from the Owner and to complete such work within ten (10) calendar days from the expiration of the time allowed the Principal in the Agreement the completion thereof; and further PROVIDED, HOWEVER, the Surety, for value received, for itself and its successors and assigns, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by an extension of time, modification, work to be performed thereunder, or by any payment thereunder before the time required herein, or by any waiver of any provisions thereof, or by any assignment, subletting or other transfer of any work to be performed or any monies due or to become due thereunder; and said Surety does hereby waive notice of any and all of such extensions, modifications, omissions, additions, changes, payments, waivers, assignments, subcontracts and transfers, and hereby expressly stipulates and agrees that any and all things done and omitted to be done by and in relation to assignees, subcontractors, and other transferees shall have the same effect as to said Surety as though done or omitted to be done be or in relation to said Principal. IN WITNESS WHEREOF, the Principal has hereunto set his (their, its) hand and seal and the Surety has caused this instrument to be signed by its , and its corporate seal to be hereunto affixed this day of 20 (If Corporation add Seal and Attestation) Principal By: Attest: (If Corporation add Seal and Attestation) By: Attest: Address of Surety Surety Performance Bond Bid Proposal Form Schedule 5.0.L Page 2 of 2 69 INFORMATION SCHEDULE M OPERATIONAL PLAN The Bidder hereby states that it proposes to implement the following operational plan to haul and dispose of Construction Material and/or Demolition Debris (C&D) from the Town of Southold Landfill if awarded an Agreement. I. Haul Summarize the manpower and equipment you will make available to perform under this Agreement. II. Disposal Summarize the identity and location of the primary and secondary sites you plan to use for disposal of the construction material and/or demolition debris. Describe the arrangements between your company and the disposal site for use of the site. Describe any treatment the C&D will undergo during transport or upon arrival at the disposal site. Attach copies of the permits to construct and permits to operate the disposal site. Site No. 1 NAME LOCATION CONTACT PERSON AND PHONE NO. Operational Plan Bid Proposal Form Schedule 5.0.M Page 1 of 2 70 ARRANGEMENTS FOR USE: TREATMENT OR UNUSUAL CONDITIONS Site No. 2 NAME: LOCATION: CONTACT PERSON AND PHONE NO. ARRANGEMENTS FOR USE: TREATMENT OR UNUSUAL CONDITIONS: OPERATIONAL PLAN Bid Proposal Form Schedule 5.0.M Page 2 of 2 71 APPENDIX A SAMPLE OPERATING AGREEMENT 72 THIS AGREEMENT, made on the day of ,20 , by and between the Town of Southold, a municipal corporation of the State of New York having its principal place of business at 53095 Main Road, Southold, New York hereinafter called the "Town" and hereinafter called the "Contractor." WITNESSETH WHEREAS, Contractor has submitted to the Town a bid dated ., 2004("Bid") in response to the Town's Bid Solicitation for Construction Material and/or Demolition Debris Hanling-Disposal Services dated and ., 2004, ("Solicitation"); and WHEREAS, the Town Board of the Town of Southold by resolution No. adopted on authorized the Town Supervisor to enter into an agreement with the Contractor to perform certain services in connection with the handling of solid waste, NOW, THEREFORE, it is mutually covenanted and agreed by and between the parties hereto as follows: I. DEFINITIONS - Terms defined in the Bid Solicitation shall have the same meaning as if defined herein. APPENDIX A-1 73 II. SCOPE OF SERVICES - The Contractor shall perform the services in accordance with the description of those services as set forth in the Solicitation. III. TERM OF AGREEMENT- The Term of this Agreement shall be three (3) years commencing on Jul,/1, 2004 . The Town, at its sole discretion, shall have the option of renewing the Agreement for two (2) additional one (1) year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term. 1V. PRICE SCHEDULE/COMPENSATION - The unit bid price schedule for the services to be furnished by Contractor is found in Section C - 3.1,3.2 Contractor's bid which is incorporated into this Agreement. V. PAYMENTS - The Contractor shall receive monthly payments for services performed during the prior calendar month. The Contractor shall submit a request for payment on a Town approved voucher form along with Contractor's invoice which shall include a daily summary of tonnage hauled by Contractor at a Disposal Sit as applicable. Such payments shall be made within sixty (60) days of the Town's approval of Contractor's invoice. The Town shall be entitled to deduct from any payment owning to Contractor any sums expended by the Town to cure any default or other Agreement non-compliance by 74 APPENDIX A-2 sums expended by the Town to cure any default or other Agreement non-compliance by Contractor or to protect the Town From loss on account of any claims filed or reasonably anticipated to be filed. VI. CONTRACTOR'S WARRANTIES AND REPRESENTATIONS Contractor makes the following warranties and representations: A. Contractor represents that the Town has made no commitment under this Agreement with respect to the volume of construction material and/or demolition debris to be handled by Contractor during the term of this Agreement. B. Contractor warrants that Contractor shall comply with all federal, state and local laws, ordinances or regulations applicable to all the services to be performed by the Contractor. C. Contractor represents that the information furnished by Contractor in the equipment schedules included in the bid is accurate and complete and Contractor acknowledges that Town has relied upon the accuracy and completeness of that information in the selection of Contractor as the lowest responsible bidder. D. The Contractor represents that Contractor shall utilize its best efforts to insure that Minority and Women Owned Businesses (MBE's and WBE's) have the opportunity to participate as subcontractors under this Agreement. In the event the contractor subcontracts twenty-five percent (25%) of more of 75 APPENDIX A-3 its work hereunder, Contractor shall submit to the Town an MBE and a WBE Utilization Plan, prior to execution of this Agreement. E. In the event the Contractor's Disposal Site is unable to receive and dispose of the Town's construction material and/or demolition debris for any reason (including failure to obtain or maintain necessary permits or licenses), Contractor shall be responsible for providing to the Town an alternate Disposal Site for the Town's use at no additional cost to the Town, and shall indemnify the Town against any additional hauling cost by the Town or its agent because of the location of the alternate Disposal Site. Under no cimmnstances shall a change in Disposal Site(s) or failure or inability to obtain or maintain necessary permits by the Contractor be considered a change in conditions. In the event the Contractor is unable to find an alternate Disposal Site(s), he shall be deemed to be in default of this Agreement and liable for damages, bond forfeitures and other expenses as provided in the Agreement. VII. INDEMNIFICATION INSURANCE/BONDS A. Contractor agrees to defend, indemnify and save harmless the Town of Southold against any and all liability, loss, damage, detriment, suit, claim, demand, cost, charge, attorney's fees and expenses of what ever kind or nature which the Town may directly or indirectly incur, suffer or be required to pay by reason of or in consequence of the Contractor carrying out or performing under the terms of this Agreement, or failure to carry out any of the provisions, duties, services or 76 APPENDIX A-4 requirements of this Agreement, whether such losses and damages are suffered or sustained by the Town directly or by its employees, licensees, agents, engineers, citizens or by other persons or corporations, including any of Contractor's employees or agents who may seek to hold the Town liable therefore. This obligation shall be ongoing, shall survive the term of this Agreement and include, but not be limited to, claims concerning non-sudden environmental impairments. The Contractor shall join in the commencement of any action or proceeding or in the defense of any action or proceeding which in the opinion of the Town constitutes actual or threatened interference or interruption hereunder, including all appeals which, in the opinion of the Town, may be necessary. B. Contractor shall procure and with the Town's rights in the opinion of the maintain the insurance described in Section A of the Solicitation for a period commencing on the date of this Agreement and terminating no earlier than one year following termination of services under this Agreement. All such insurance coverage shall name the Town as an additional insured and shall provide that the coverage shall not be changed or canceled until thirty (30) days written notice has been given to the Town. All such insurance shall be issued by a company duly authorized to transact business in the State of New York and acceptable to the Town and shall include all riders and additional coverage necessary to insure that Contractor will be financially able to meet its obligations under the foregoing indemnification. 77 APPENDIX A-5 C. Contractor shall, for the period of the performance of services hereunder, maintain a Performance Bond in the mount of five hundred thousand ($500,000.00) dollars wherein named obligee is Town of Southold. The Bond shall be in a form acceptable to the Town Attorney and issued by a surety licensed to do business in New York as a surety. VIII. FORCE MAJEURE If either party is delayed or prevented from fulfilling any of its obligations under this Agreement due to any act, event or condition, whether affecting the Town, the Contractor, the Disposal Site or any of the Town's or the Contractor's respective subcontractors or suppliers, to the extent that it materially and adversely affects the ability of either party to perform any obligation hereunder (except for payment obligations), and if such act, event or condition is beyond the reasonable control and is not also the result of the willful or negligent action, inaction, or fault of the party relying thereon as justification for not performing an obligation or complying with any condition Required of such party under the Agreement, the time for fulfilling that obligation shall be extended day-by-day for the period of the uncontrollable cimumstance; provided, however, that the contesting in good faith or the failure in good faith to contest such action shall not be construed as willful or negligent action or a lack of reasonable diligence o f either party. Subject to the 78 APPENDIX A-6 foregoing, such acts or events shall include the following: (1) an act of God (but not including reasonably anticipated weather conditions for the geographic area of the Town or Disposal Site), hurricane, landslide, lightning, earthquake, fire, explosion, flood, sabotage, or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil disturbance; (2) the failure of any appropriate federal, state, county, town or local public agency or private utility having jurisdiction in the areas in which the Transfer Station or Disposal Site is located to provide and maintain utilities, services, water and sewer lines and power transmission lines which are required for the operation or maintenance of the Transfer Station or Disposal Site; (3) govemmental pre-emption of materials or services in connection with a public emergency or any condemnation or other taking by eminent domain of any portion of the Transfer Station or Disposal Site; and (4) the presence of hazardous waste upon, beneath or migrating from the Transfer Station. It is specifically understood that none of the following acts or conditions shall constitute uncontrollable circumstances: (a) general economic conditions, interest or inflation rates, or currency fluctuations; (b) the financial condition of the Town, the Contractor, any of its affiliates or any subcontractor; (c) union work rules, requirements or demands 79 APPENDIX A-7 which have the effect of increasing the number of employees employed otherwise increase the cost to the Contractor of operating its haul operation or the Disposal Site (d) equipment failure; (e) any impact of prevailing wage law, customs or practices on the Contractor's costs; (f) any act, event or cimumstance occurring outside of the United States, or (g) any change in law or in the permit conditions or status of the Transfer Station Disposal Site or alternate Disposal Site. IX. SUBCONTRACTS Contractor shall not enter into any subcontracts in connection with the services to be performed by Contractor hereunder without the prior written approval by the town of such subcontracts. All such subcontracts shall make express reference to the terms and conditions of this Agreement and shall obligate the subcontractor to comply with all applicable federal, state and local laws, ordinances or regulations relating to the services to be performed under the subcontract. In the event the subcontractor is required to furnish any insurance or bonds for the benefit of Contractor, the Town shall also be named as an additional insured or obliges. X. PREVAILiNG WAGE RATES Contractor agrees to comply with the provisions of the New York State 80 APPENDIX A-8 Labor Law relating to the payment of prevailing wage rates to the extent applicable, or the applicable State Law in the state of disposal. In the event that at any time during performance under this Agreement the Contractor is required to increase the wages paid to any of its employees as a result of such requirement, all costs resulting there from shall be borne exclusively by Contractor. XI. FORCED ACCOUNTING In the event the Town directs the Contractor, by written authorization signed either by the Town Supervisor or Town's Solid Waste Coordinator, to perform additional services beyond the scope of those described in this Agreement, the Contractor shall be compensated for such additional services on the following basis: TOTAL COMPENSATION FOR ADDITIONAL SERVICES DIRECT LABOR COST + DIRECT MATERIAL COST + OVERHEAD + PROFIT For the purposes of this Section: A. DIRECT LABOR COST shall include hourly wages, including overtime premiums actually paid plus the following fringe benefits associated with those wages - group medical, group life insurance, pensions, FICA, uniforms, safety equipment or special tools. These fringe benefits shall be separately identified and shall not duplicate fringe benefits paid in connection with work performed within the scope of the Agreement. B. DIRECT MATERIAL COST shall be those costs actually paid by 81 APPENDIX A-9 Contractor for materials utilized by Contractor in performance of the additional services. The costs for such materials shall not include sales tax for any materials which constitute personal property incorporated into the structures, buildings, or real property of the Town since such personal property is exempt from taxation under Section 1115 of the New York State Tax Law. C. OVERHEAD shall be 10% of the total of the Direct Labor Costs and the Direct Material Costs. D. PROFIT shall be 5% of the total of the Direct Labor Costs, the Direct Material Costs and the Overhead, XII. CONTRACTOR'S OPERATIONS AND PROCEDURES REPORTS Contractor will provide the operating plan and supporting data listed in Sections A and B of the Solicitation to the Town for review and acceptance. Contractor will update the plan as necessary and furnish copies of those updates to the Town. XIII. DEFAULT In the event the Contractor fails to perform its obligations under the Agreement, the Town may terminate the Agreement, procure the services fi.om other sources and hold the Contractor responsible for any costs incurred. The Town also may deduct such costs from payments owing to the Contractor and/or draw upon the Performance Bond as full or partial reimbursement for such excess costs. The Town reserves the right to terminate the Agreement for just cause. 82 APPENDIX A-10 XIII. SERVICE AGREEMENT The Contractor shall Town with disposal services without of be obligated to provide the Town with disposal services without regard to the permit status its Disposal Site. In the event that Contractor submits a Bid for a Disposal site for which Contractor does not currently have all necessary federal and state permits, or which after the acceptance of the Bid loses its permitted status, Contractor shall, at its sole risk and expense, be responsible for obtaining and/or renewing its permits or providing the Town an alternate Disposal Site at no additional cost (disposal plus any additional hauling) to the Town. The parties agree that this is a full service Agreement and failure of the Contractor to provide the identified Disposal Site or acceptable alternative Disposal Site, on or after the commencement date shall constitute a breach of this Agreement. The Contractor accordingly shall not be excused from its obligations hereunder by reason of any failure to obtain or maintain its permits at the identified Disposal Site. XV. LIMITATION OF FLrNDS The Contractor agrees that this Agreement shall be deemed executory only to the extent of the funds currently available for the purposes of this Agreement end that the Town incurs no liability beyond those available by authorization of the Town Board as of the date of this Agreement. XVI. DISPUTES/ARBITRATION Any disputes between the parties to this Agreement may be referred to arbitration by mutual agreement of the parties. Absent such an agreement, and actions or claims by either party hereto shall be commenced in Supreme Court, Suffolk County, New York. 83 APPENDIX A-10 York. In the event the parties agree to arbitrate a dispute, such arbitration shall be conducted in accordance with the rules of the American Arbitration Association. In no event shall any demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitations. An award rendered by arbitrators following any such arbitration shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. XVII. MISCELLANEOUS A. This Agreement shall be governed by the laws the State of New B. Contractor shall not assign, convey or otherwise transfer its rights or obligations under this Agreement without the prior written consent of the Town. C. This Agreement, including all Exhibits and documents referred to herein, along with the specifications, Solicitation and the Bid, and all Appendices and Exhibits thereto, represent the entire agreement between the Town and Contractor relating to the Services to be performed hereunder. This Agreement may be modified only by written agreement of Contractor and Town. D. To the extent of any inconsistency among the documents constituting the agreement of the parties, the privacy among those documents shall be: 1. This Agreement; 84 APPENDIX A-12 Exhibits hereto; The Solicitation including Appendices; Contractor's Bid. E. Without limiting any other right and/or remedy which the Town may have at law or under this Agreement, if the Contractor is adjudged bankrupt or makes and assignment for the benefit of creditors or a receiver is appointed for the Contractor or any insolvency arrangement proceedings are instituted by or against the Contractor, the Town may terminate this Agreement. F. Contractor agrees that it will conduct itself consistent with its status, said status being that of an independent contractor and, Contractor, its employees or agents will neither hold themselves out nor claim to be an officer or employee of the Town of Southold nor make claim to any right accruing thereto including, but not limited to, Workers' Compensation, Unemployment Benefits, Social Security or retirement membership or credit. G. If any provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenfomeability of such prevision shall not affect any of the remaining provisions of this Agreement and this Agreement shall be enfomed as if such invalid and unenforceable provision had not been contained herein. H. Contractor agrees that it shall not discriminate 85 APPENDIX A- 13 and that it shall cause there to be no discrimination against any employees who is employed in the work, or against any applicant for such employment, because of race, religion, color, sex, age, marital status, handicap or national origin in any manner prohibited by the laws of the United States or of the State of New York. These requirements shall include, but not be limited to, the following: employment; upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. XVIII. NOTICES All notices required to be given hereunder shall be made in writing by first class mail addressed as follows: if to the Town: Supervisor of the Town of Southold Town Hall 53095 Main Road Southold, New York 11971 With a copy to: Solid Waste Coordinator Town of Southold P.O. Box 962 Cutchogue, NY 11935 If to the Contractor: [TO BE COMPLETED] 86 APPENDIX A- 14 1N WITNESS WHEREOF, the parties hereto hove executed this Agreement on the day and year first above wr/tten. TOWN OF SOUTHOLD BY: Joshua Y. Horton, Supervisor BY: 87 APPENDIX B NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PERMIT 88 89 APPENDIX C Town of Southold Accident Report 90 Date of Accident: Oral Report By: Date: / / Location of Accident: / / TOWN OF SOUTHOLD ACCIDENT REPORT Time of Accident: : To: Time: : AM/PM AM/PM Brief Description of Accident: Action Taken: Check if continued on separate sheet Additional Action Required & By Whom: Date of this Report: __ / / By: Department: ANY POLICE REPORT PREPARED REGARDING THIS ACCIDENT MUST ATTACHED. Forward Accident Report to Solid Waste Coordinator Southold Town Solid Waste District P.O. Box 962 Cutchogue, New York 11935 APPENDIX - C 91 NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. Signed: Print name Corporate Title (if any) Company Name Mailing Address Phone Number BID ON Construction Material and/or Demolition Debris (C & D) Haul and Disposal Services ELIZABETH A. NEVTT,T,I~, TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOP,~IATION OFFICER Town Hail, 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 FOLLOWING RESOLUTION NO. 179 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOW~ BOARD ON MARCH 9, 2004: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the removal and/or disposal of construction and demolition debris from the Cutchogue Transfer Station, all in accordance with specifications provided by the Solid Waste Coordinator, subject to the review and approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk