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HomeMy WebLinkAboutSolid Waste HAULING Only BidSECTION B BID SPECIFICATIONS (TECHNICAL/MANAGEMENT) 1.0 SECTION B BID SPECIFICATIONS TECHNICAL/MANAGEMENT REQUIREMENTS This request tbr bids is issued tbr the Town of Southold, State of New York, Town Hall, 53095 Main Road, Southold, New York, 11971 (Telephone (516) 765-1800) The eflbrt, shall be known as the Town of S0uthold Solid Waste Haul Disposal Sen'ice. The Town of Southold desires to issue an Agreement with a qualified Contractor to haul a portion of its Solid Waste. The Town will need to dispose of approximately 10,000 12,500 tons of solid waste during the agreement years. The Contractor will ensure the Town that solid waste will be hauled from the Town of Southold's transfer Station to the TOH RRF. 2.0 3.0 · HAUL Provide equipment, labor, maintenance, management and policies to operate a transportation system for hauling solid waste from the Town of Southold transfer Station to the TOH RRF 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. [SEE NOTE AT END OF SECTION 6.2] PROGRAM GOALS AND OBJECTIVES The goal of this project is the continued safe and reliable hauling of the solid waste materials 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 haul operations proceed according to the provisions of this document and subsequent agreements/amendments are upheld. POTENTIAL REGULATORY AND OPERATIONAL CHANGES During the term of the Agreement, there may be a uumber of regulatory and operational changes which may affect the quantities and types of solid waste received at the Town of Southold Transfer Station and delivered to the Disposal Site; the manner in which solid waste is handled by the Town prior to the loading of waste for transfer; and the equipment maintained and used by Town tbrces in the handling of waste to be transferred. 23 4.0 4.1 5.0 5.1 This Agreement will not provide any guarantees with respect to the volume of waste to be hauled andor disposed of by Contractor or the specific operational techniques andor equipment to be employed by the Town in the handling of waste at the Town transfer station. The Town reserves the right to designate another public body, private or public agency, group or authority to act in its behalf tbr administration of the Agreement at any time during the term of Agreement. CHARACTER OF THE SOLID WASTE The wastes which are to be hauled and disposed of under temps of this bid solicitation are to include typical municipal wastes from a rural community. This will include all waste types generated in private households, and, therefore, can include broken furniture, small appliances, and other wastes generated in a private home or apartment as allowed under 6NYCRR Part 360- 1.2(a) regulations and the Garbage, Rubbish and Refuse Law, Chapter 48 of the Code of the Town of Southold. Commercial waste may also be included in the solid waste stream. It may include any waste which is typically disposed of in dumpster or roll-off t3qpe container boxes at restaurants, small businesses, light industries, hospitals, office buildings etc. It should not 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 noncompliance loads will be compensated under Forced Accounting (Appendix A-9). Quality and Characteristics The Town Of Southold's historical solid waste quantities and characterization data are available tbr review at the Southold Town Solid Waste Management District, County Rt. #48 and Zack's Lane, Cutchogue, NY, 11935. Bidders are cautioned that actual quantities may differ significantly from these data. 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 [he 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 solid waste from the Transfer Station during the fullowing hours: 24 Monday through Friday 7:00 A.M. to 4:00 P.M. The Transfe,- Station is closed on the following holidays: New Year's Day Martin Luther King Da3' President's Day Easter Sunday Memorial Day Independence Day Labor Day Columbus Day Election Day Veteran's Day ~_, Thanksgiving Eve Thanksgiving Day ~ Christmas Eve Christmas Da5' New Years Eve The Contractor must make transfer containers available tbr 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 empty the Transfer Station tipping floor on a daily basis, delivery and staging of an adequate number of containers for this purpose will be coordinated with Transfer Station Staff as needed. 5.2 5.3 Loading Mode The Contractor shall fully prepare transfer containers for loading, including assuring that container covers or etnpty containers are left open. [SEE NOTE AT END OF SECTION 6.2.1 Solid Waste will be loaded by the Town at its Transfer Station using a front end wheel loader. 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 provide sealed containers for 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 25 5.4 6.0 6.1 6.2 will be submitted to the Town within twenty-tbur (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 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. HAUL SERV[CES For Solid Waste Hauling Services-Agreement, the lbllowing services will include the tasks, responsibilities and performance required as outlined herein. Work Included The Contractor shall provide the/bllowing major essential sen,ices 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 solid waste from the Town transfer Station to the TOH RRF in accordance with all local, state, and Federal regulations. [SEE NOTE AT END OF SECTION 6.2.l · 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 solid waste hauling activities. · Coordination of haul sen, ices ~vith disposal services. 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 minimmn level of haul senSces 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 solid waste including unpredictable surges or delays due to inclement weather and that transport equipment storage requirements ~vill meet the Town of Southold Transfer Station requirements. Each bidder is therefore responsible fbr familiarizing itself with the Town of Southold Transfer Station site, solid 26 6.3 waste, 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 lbr 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 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, detbrmed 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 solid waste in open-top transport equipment. The bidder shall clearly indicate [he 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 Transtar 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 unit. The Contractor shall maintain its own off-site maintenance shop facilities for servicing the transport equipment and vehicle fleet, unless it elects to subcontract tbr these services. No major maintenance may be done at the Town of Southold Transfer Station site. NOTE: Itt the course qf this Agreement, the Town ma),, at its discretion, provide l or more transfer trailers for use b), the Contractor. The Town warrants that an), such equipment provided would be compatible with hauling vehicles (tractors) generally standard in the waste hauling industry. In the event that the Town wishes to provide such equipment for use b), the Contractor, the Contractor together with the Town shall develop an addendutn to this agreement governing such use. Weighings The Town will compensate the Contractor tbr waste material hauled on a net tonnage basis (short tons = 2000 pounds). The certified weighings will be made at the Southold Town Transfer Station. 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 TOS RRF scales and weight records, the Town may make payment upon the weight it deems to be most correct, until the dispute is reconciled. An5' 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. 27 6.4 7.0 Routing Mode - Contractor's Responsibility Contractor will have the right to select the route(s) tbr travel from the Town of Southold transfer Station to the TOS RRF. 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 ham~less 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. 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 tbllowing major areas: Maintenance safety procedures - guards and Shields on dynamic equipment, guards, railings, electrical lockouts, vehicle wheelblocks, audio vehicle backup alarms, vehicle wheel chocks, etc. Employee safety orientation, education, teaching, first-aid training, cardiopuhnonary resuscitation, etc. Noise and dust control, ear protection, respirators, hard-hats, safety shields, glasses, protective clothing, sanitary facilities, etc., Fire and explosion preventions, control, equipment (fire blankets, extinguishers, first aid hoses, etc.) and personnel escape alternatives. Traffic flow control patterns. Accident or injury reporting system (the Town shall received copies of al reports and immediate verbal notification). g. Employee health safeguards. h. Mechanic's lien safeguard against xvork 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 28 8.0 pertbnnance of the Agreement. The obligation exists twenty-four (24) hours a da3', each and every day throughout the term of the Agreement. The Town of Southold shall not have any responsibility tbr means, methods, sequences of techniques selected by the Contractor tbr safety precautions and programs, or tbr any Ihilure to comply with laws, rules, regulations, ordinances, codes or orders applicable to the Contractor furnishing and performing the sen'ices under the terms of the Agu'eement. OPERATIONS AND PROCEDURES The Contractor will be required, prior to commencement of operations, to provide the tbllowing operational plans to the Town tbr review and acceptance. Revisions, modification's, and updates shall be forwarded to the Town throughout the term of the Agreement. Organization personnel and structure, showing the chain of command, names and telephone numbers and staffing requirements. 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. 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. 8. l Supporting Data In the event the Town requires any infommtion 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 operations which may be required by Town, County, State or Federal la~v. 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 records shall be considered essential to the operation. The Contractor shall keep these data in an organized fashion that allows lbr 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. 29 [n the ex ent the Town requires additional .infonnation tbr reporting purposes, the Contractor will supply same. The Town, or its designee, ma3' call upon the Contractor at anytime tbr an oral review of any technical matter. The Contractor shall file and update the/:bllowing infommtion as specified herein. Items Haul Equipment (Schedule H) Haul Accident Report (Appendix C) Licenses, Permits and Inspection Reports All Bid Ini-bnnation Schedules Due as changes occur on occurrence on occurrence as changes occur 3O SECTION C CONTRACTOR BID FORM 31 SECTION C TOWN OF SOUTHOLD SOLID WASTE HAUL SERVICES CONTRACTOR BID FORM 1.0 INTENT The undersigned hereby recognizes that these documents are complementary and are intended to provide lbr unitbrmity in bid evaluations. The tbrmal Agreements resulting from this Bid Solicitation shall be in a form provided by the Town. These documents are intended to depict complete Solid Waste Haul Services Agreemant 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 rammer or degree modi~' 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 Bidders: The undersigned Bidder has carefully exmnined the forms and content of the Bid Solicitation, including notice to bidders, bid bond, sample operating agreement, performance bond, certificates of insurance, genera! conditions, bid specifications, and addenda, has familiarized itself with the sites of work, and hereby proposes to furnish all necessary serx'ices, permits, labor, rnaterials, equipment, vehicles, and tools required to pertbrm and complete the work in strict accordance with all of the bid documents written by or on behalf of the Town of Southold for this project. The undersigned Bidder agrees to abide by all conditions stated, intended, or 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 fumish to the Town a satisfactory performance bond, and insurance all within ten (10) calendar days. SECOND: To begin Solid Waste Haul sen'ices operations on the coImnencement date of any Agreement awarded hereunder, having completed all necessary prior preparations of operational plamfing, persomml hiring, equipment procurement, subcontractor 32 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 pro¥ided 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: as follows: During the pertbrmance of this Agreement, the Contractor hereby agrees The Contractor shall not discriminate against any employee or applicant tbr employment because of age, race, creed, color, sex, marital status, national origin, physical disability, and shall take affirmative action to ensure that the)' are afforded equal employment opportunities without discrimination because of age, race, creed, color, sex, 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 tbr training or retraining, including apprenticeship and on-the-job training. The Contractor shall comply with the provisions of Sections 290 through 30l of the Executive Law, Shall fi. trnish all information and reports deemed necessary by the State Commission for Human Rights under these nondiscrimination clauses and such sections of the Executive Law, and shall permit access to his books, records, and accounts by the State Commission for Human Rights, the Attorney General. and the Industrial Commissioner tbr 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 Towtl 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 tbr 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 betbre 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. 33 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 le) 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 pertbrmed within the State of New York. The Contractor will take such action io 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 belief: The prices in this bid have been arhved at independently without collusion, consultation, communication, or agreement I:br the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor. 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. 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 tbr the purpose of restricting competition. The undersigned also declares that it has or they have carefully exanfined the Bid Solicitation requirements and sample operating agreement and that it has or they have personally inspected the actual location of work, together with the local sources of supply, has or have satisfied itself or themselves as to all the quantities and conditions, and waives all rights to claim any misunderstanding, omissions or errors regarding the same which such inspection and observation would have disclosed. 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 perlbnn all work necessary under the aforesaid conditions, to complete operations of the aforementioned Solid Waste Haul 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 fur in Section C-3. 34 The undersigned submits herewith a bid guaranty within the tbrm provided by the applicable bid documents in the amount of $100,000.00 tbr any option or combination thereof2 In the event this proposal is accepted, and the undersigned thils, within ten (10) calendar days after date of receipt of Notice Of Award from the Town to execute and deliver an Agreement in the ibtln provided by the Town or thils to execute and deliver evidence of proper insurance coverage and performance bond in the amounts required and in the prescribed form within ten (10) days after Notice of Award, the bid guaranty Shall be tbrfeited and be retained by the Town toward the satisfaction of liquidated damages and not as a penalty. Othem'ise, the total amount of bid guaranty liquidated will be returned to the Bidder. The undersigned acknowledges the receipt of the following addenda, but it agrees that it is bound by all addenda whether or not listed herein and whether or not actually received, it being the Bidder's responsibility to receive and have knowledge of all addenda. ADDENDUM NUMBER AND DATES Number I ~ Dated: Number 2 - Dated: Number 3 - Dated: Number 4 - Dated: Number 5 - Dated: The Bidder has completed the Contract Bid Form and Unit Price Schedules in both words and numerals in accordance with these bid requirements. 3.0 UNIT PRICE BID SCHEDULE SOLID WASTE HAUL-DISPOSAL SERVICES SOUTHOLD TOWN, NEW YORK 3.1 COMPENSATION The undersigned hereby submits the following price bid to furnish Solid Waste Haul Sen'ices to Southold Town, New York tbr the terms July 1, 2002_ through December 31, 2006. HAUL SERVICES TheHaul Service applicable unit price per ton for agreement year is dollars and 35 cents ($ The Haul Service applicable unit pricc per ton for agreement year is ccnts ($ The Haul Service applicable unit price per ton tbr agreement year is cents ($ The Haul Service applicable unit price per ton tbr agreement year is cents ($ The Haul Se~dce applicable unit price per ton for agreement year is cents ($ ). {el) dollars and ). dollars and ). {c3) dollars and ). (C4) dollars and ). (C5) 3.2 EVALUATION UNIT BID PRICE FORMULA Evaluation Unit Bid Price -- (C 1) 10,000v(C2) 10,000+(C3) 10,000+.5(C4) 10,000+.5(C5) 10,000 40,000 tons Evaluation Unit Bid Price = $ The evaluation unit bid price formula is designed to evaluate years four and five at .5 the evaluate of each of the first three (3) years. Bidder: Finn-Corporation Address gy~ Authorized Representative Date BID SECURITY ACKNOWLEDGEMENT I have attached the required bid security to this bid. 36 5.0 INFORMATION SCHEDULES I agree to furnish and include the tbllowing intbrmation schedules in addition to the information submitted with this proposal, as a part of this bid: Certification that the Bidder does not currently owe taxes, or other outstanding funds, or have pending or is currently involved in any litigation-invoMng the Town of Southold, State of New York (Schedule A, attached hereto). Location and address of the Bidder's main office and the main office of parent companies (if applicable) and Certified Statements of Ownership (Schedule B, attached hereto). 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). H. I. J. 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 finn (Schedule D, attached hereto). NJ[. Dated: Detailed financial statement for the Bidder, and if applicable, tbr pm'ent companies (Schedule E, attached hereto). Statement of Bidder's Qualifications and related experiences (Schedule F, attached hereto). Major Subcontractors - (Schedule G, attached hereto). Equipment- (Schedule H, attached hereto). Maximum Specified Capacity- (Schedule I, attached hereto). Intbrmation on Bidder's Solid Waste Disposal Site(s) (Schedule J attached hereto). Form of Bid Bond (Schedule K, attached hereto). Performance Bond (Schedule L, attached hereto). Operation Plan (Schedule M, attached hereto). Name of Bidder: Address of Bidder: 37 By: Signature Title Corporate Seal (If a Corporation) Incorporated under the laws of the State of Names and addresses of officers of the corporation: (President) Name Address (Secretary) Name Address (Treasurer) Name Address (If an indMdual or partnership) Names and addresses of all principals or partners 38 This Bidder INFORMATION SCHEDULE A Town of Southold Bid Project Solid Waste Haul Sen'ices herein certifies that as a (Bidder's legal name) Bidder, it does not currently owe delinquent taxes or other outstanding Funds, of having pending or currently involved in any litigation invoMng the Town of Southold, State ot'Ne~ York. Name of Bidder: By: Date: (Authorized Signature) NOTE: (1) (2) If blank not applicable, fill in with N/A If bidder owes the Town taxes or is involved in any litigation, a statement of explanation will be attached hereto. Tax/Litigation Certification BID (PROPOSAL) FORM Schedule 5.0.A Page I of l 39 INFORMATION SCHEDULE B Town of Southold Bid Project Solid Waste Haul Sen'ices The tbllowing 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 Numbers) City State Zip Telephone Number The Bidder herein certifies that the is partially/wholly owned subsidiary of This By Manager's Name (Contact) Parent Firm's Legal Name Street Address (Box Numbers) City State Zip Telephone Number Firm is owned Parent Firm Parent Firm or is a public/private stock corporation. Bidder Office Locations/Ownership Certification BID (PROPOSAL) FORM Schedule 5.0.B Page l of 2 40 INFORMATION SCHEDULE B - (Continued) Name of Bidder: Date: Note: (1) Any attachments or modifications to this fonn shall be labeled Schedule 5.0.B, and 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 41 INFORMATION SCHEDULE C Town of Southold Bid Project Solid Waste Haul Services This is identification that will be the Surety Company tbr 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 herein certifies that such Company is licensed to do business in the State of New York. (L.S.) Principal (SEAL) Surety Company By: Bidder Office Locatim~fO~vnership Certification BID (PROPOSAL) FORM Schedule 5.0.C Page Iofl 42 INFORMATION SCHEDULE D Town of Southold Bid Project Solid Waste Haul Sen'ices The Bidder herein certifies that the below named individuals are the CUlTent registered corporate officers, along current permanent addresses, and designates their authority to execute an Agreement on behalf of the finn Officer's Name Officer's Name Subsidiary Parent Corporate Title Corporate Title Address Address City City State, Zip_ State, Zip Officer's Name Officer's Name Subsidia~' Parent Corporate Title Corporate Title Address Address City City State, Zip. State, Zip Officer's Name Officer's Name Subsidiary Parent Corporate Title Corporate Title Address Address City City State, Zip. State, Zip Current Corporate Officers BID (PROPOSAL) FORM Schedule 5.0.D Page I of 2 43 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 Officer BID (PROPOSAL) FORM Schedule 5.0.D Page 2 of 2 44 INFORMATION SCHEDULE E Town of Southold Bid Project Solid Waste Haul SeN'ices STATEMENT OF BIDDER'S FINANCIAL CONDITION This Bidder agrees to provide for any subsidiary and parent finn, 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 Finn Name Address Financial Period Statement Date To The bidder certifies that he currently has an available line of credit in the amount of $ . A supporting documentary evidence attached to this form is supplied by: Namc Address Date The undersigned Bidder certifies to the validity of statement and agrees to furnish any other intbnnation 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 I of 2 45 INFORMATION SCHEDULE E - {continued) The undersigned hereby authorizes and requests any person, firm or corporation to furnish any inIbnnation requested by Town of Southold, New York in verification of the finns financial condition. Dated at This __ day of ,20 State of New York, County of Name of Bidder Title is of Title being duly sworn deposes and saws that he 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 My Commission expires: Notary Public NOTE: (1) (2) (Bidder may submit additional information 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 46 INFORMATION SCHEDULE F Town of Southold Bid Project Solid Waste Haul Services The Bidder herein certifies that it is qualified to perfom~ the work covered by this proposal, and that it 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 ma3' evaluate the Bidder's qualifications and experience. 4. 5. 6. 7. 8. 9. Bidder's Legal Name: Business Address: State incorporated: Street City State Zip Year incorp.: New York State; Business License No.: 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: No years. 10. Has Firm ever failed to complete work awarded? Yes If yes, attach supporting statement as to circumstances. Qualifications Summary BID (PROPOSAL) FORM No Schedule 5.0.F Page 1 of 3 47 INFORMATION SCHEDULE F - (continued) l 1. Related Experience Reference (within previous 5 years) 1 l. l Project Title: Owner's Name: Address: Engineer: Address: Project Initial Start Date: Project Acceptance Date: Initial Bid Value: 5; Final Complete Project Value: $ Brief Project Description: 11.2 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 (PROPOSAL) FORM Schedule 5.0.F Page 2 of 3 48 l 1.3 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: 12. Principal Finn Members' Background/Experience (3 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 applicable, fill in with N/A. Qualifications Summary BID (PROPOSAL) FORM Schedule 5.0.F Page 3 of 3 49 INFORMATION SCHDULE G Town of Southold Bid Project Solid Waste Haul Sen'ices The Bidder hereby states that it proposes, if awarded an Agreement to use the tbllowing haul sub-contractors on this project. 3. 4. 5. 6. 7. 8. 9. 10. Sub-Contractor/ Contract Trade/ IndMdual Address Phone # Specialties NOTE: Name of Bidder: By: (Authorized Signature) If blank not applicable, fill in with N/A Date: Subcontractors BID (PROPOSAL) FORM Schedule 5.0.G 5O INFORMATION SCHEDULE H Town of Southold Bid Project Solid Waste Haul Services The Bidder states that it owns the lbllowing pieces of equipment that are available l-hr use on the project, if awarded the agreement. Proposed Current Equipment Item Project Use Equipment Location Name of Bidder: By: Date: NOTE: Any supplemental attachments or modifications to this tbrm shall be labeled Schedule 5.0.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 $l INFORMATION SCHEDULE I Town of Southold Bid Project Solid Waste Haul Sen'ices The Bidder hereby states that it will be prepared to haul up to the tbllowing Maximum Specified Yearly Capacities in tons of Town of Southold solid waste 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.I 52 INFORMATION SCHEDULE J Town of Southold Bid Project Solid Waste Haul Sen'ices Are you willing to meet with the Town of Southold to discuss your short and long term hauling capabilities? Yes No The undersigned hereby certifies that sen'ices, material, equipment to be furnished as a result of this bid will be in accordance with Town of Southold specifications applying thereto unless exceptions are indicated above and an explanation attached. Bidding Company Address By City State Zip Signature (Please Print or Type) NAME AND TITLE Phone No. Date CORPORATESEAL 53 Bidder Solid Waste Disposal Site(s) Schedule 5.0.J BID (PROPOSAL) FORM Page 7 of 7 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 Owner in the sum of and truly be made, we hereby jointly and severally bind ourselves, our heirs, executors. administrators, successors and assigns. Signed this day of ,20 as tbr the payment of which, will 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 a contract in writing, for the hauling of solid waste; 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 tbrm off the Sample Operating Agreement attached hereto (properly completed in accordance with said Bid) and shall furnish certificates of insurance and a bond tbr this faithful performance of said Agreement, and for the payment of all persons pertbnning labor or furnishing materials in colmection 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 and 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. 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. Form of Bid Bond BID (PROPOSAL) FORM Schedule 5.0.K Page 1 of 3 54 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seats. 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 lbnh 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__ befbre me personally catne , 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 instrument; that he knows the seal of 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 55 (ACKNOWLEDGMENT BY CONTRACTOR, IF A PARTNERSHIP) STATE OF: ) COUNTY: ) SSN: On this day of ,20 belbre me personally came , to me known, and kmown to me to be a member of the firm of , and known to me to be an individual described in, and who executed the tbregoing 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: ) SSN: On this day of ,20 betbre me personally came , to me know, 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 56 INFORMATION SCBEDULE 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, tbr the payment of which sum of money, well and truly to be made and done, the Principal binds himsel/; 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 Solid Waste Haul-Disposal Sen'ices, 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 pertbrm 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 damage which it may suffer by reason of failure so to do, and shall fully reimburse and repay the Owner for all outlay 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 grmving 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 sen,ants, 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 ! of 2 57 PROVIDED HOWEVER. the Surety, for the value received, hereby stipulates and agrees, if requested to do so by the Owner, to fully pertbnn and complete the work mentioned and described in said Agreement, pursuant to the terms, conditions, and covenants thereot; if any cause the Principal l'ails or neglects to so fully peri-bnn 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 for the completion thereof; and further PROVIDED HOWEVER, the Surety, l-hr 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 may impaired or affected by an extension of time, modification, work to be peri-bm~ed 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 an5, work to be peri-brmed 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, pasments, 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 co assignees, subcontractors, and other transferees shall have the same effect as to said Surety as though done or omitted to be done by or in relation to said Principal. IN WITNESS WHEREOF, the Principal has hereunto sec 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) By: Attest: Principal Add Corporate Seal By: Attest: Address of Surety: Surety Performance Bond BID (PORPOSAL) FORIM Schedule 5.0.L Page 2 of 2 58 INFORMATION SCHEDULE M OPERATIONAL PLAN The Bidder hereby states that it proposes to implement the following operational plan to haul Municipal Solid Waste (MSW) I¥om the Town of Southold Transfer Stationl if awarded an Agreement. I. Haul Summarize the manpower and equipment you wilt make available to perform under this Agreement. Operational Plan BID (PROPOSAL) FORM Schedule 5.0.M Page I of I 59 APPENDIX A SAMPLE OPERATING AGREEMENT 6O THIS AGREEMENT, made on the da3' 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 20 , ("Bid") in response to the Town's Bid Solicitation tbr Solid Waste Hauling Sen. ices dated ,20__., ("Solicitation"); and WHEREAS, the Town Board of the Town of Southold by resolution No. adopted on authorized the Town Supetwisor to enter into an agreement with the Contractor to perform certain sen'ices in connection with the handling of solid waste, NOW, THEREFORE, it is mutually covenanted and agreed by and between the parties hereto as follows: I. DEFINITIONS - Terms defined in the Bid Solicitation shall have the same meaning as if defined herein. II. SCOPE OF SERVICES - The Contractor shall perform the services in accordance with the description of those services as set forth in the Solicitation. III. TERM OF AGREEMENT The term of this Agreement shall be Four and One-Half (4-1/2) years commencing on ,20 APPENDIX A-I 61 IX,'. PRICE SCHEDULECOMPENSATION The unit bid price schedule tbr 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 A. The Contractor shall receive monthly payments tbr set'vices performed during the prior calendar month. Thc Contractor shall submit a request for payment on a Town approved voucher form along with Contractor's invoice which shall include a daily smmnary of tonnage hauled by Contractor to the TOH RRF and disposed by Contractor at the TOH RRF 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 pa~,ment owning to Contractor any sums expended by the Town to cure any default or other Ageement non-compliance by Contractor or to protect the Town fi.om loss on account of claims filed or reasonably anticipated to be filed. VI. CONTRACTOR'S WARRANTIES AND REPRESENTATIONS Contractor makes the following warranties and representations: A. Contractor represents that the Town has made no commitment under this Agreement with respect to the volume solid waste 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 regulations applicable to ail of the services to be performed 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%) or more of its work hereunder, Contractor shall submit to the Town an and a WBE Utilization Plan, prior to execution of this Agreement. APPENDIX A-2 62 vii. [NDEMNIFCATION INSURANCE/BONDS A. Contractor agrees to defend, indemnil:v 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 per~:brming under the terms of this Agreement, or failure to carry out any of the pro¥isions, duties, services or requirements of this Agreement, whether such losses and damages are suffered or sustained by the Town directly or by its employees, licensees, agents, engineers, citizens or by other persons or corporations, including any of Contractor's employees or agents who may seek to bold the Town liable therelbre. 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 o f any action or proceeding which in the opinion of the Town constitutes actual or threatened interference or interruption with the Town's rights hereunder, including all appeals which, in the opinion of the Town, may be necessary. B. Contractor shall procure and 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. Ail 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. APPENDIX A-3 63 C. Contractor shall, lbr the period of the pertbrmance of sep,'ices hereunder, maintain a Performance Bond in the amount of one lnillion ($1,000,000.00) dollars wherein named obligee is Town of Southold. The Bond shall be in a tbrm 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 TOH RRF 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 pertbm~ 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 perfbrming 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 tbr the period of the uncontrollable circumstance; provided, however, that the contesting in good faith or the failure in good faith to contest such action or in action shall not be construed as willful or negligent action or a lack of reasonable diligence of either party. Subject to the foregoing, such acts or events shall include the following: ( 1 ) an act of God (but not including reasonable anticipated weather conditions for the geographic area of the Town or TOH RRF) 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 TOH RRF is located to provide and maintain utilities, services, water and sewer lines and power transmission lines which are required fbr the operation or maintenance of the Transfer Station or TOH RRF; APPENDIX A-4 64 (3) gove~-nmental 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 transffr Station or TOH RRF; and (4) the presence of hazardous waste upon, beneath or migrating fi'om the Transfer Station. It is specifically understood that none of the tbllowing acts or conditions shall constitute uncontrollable circumstances: (a) general economic conditions, interest or inflation rates, or cun'ency fluctuations: (b) the financial condition of the Town, the Contractor. any of its affiliates or any sub-contractor: (c) union work rules, requirements or demands which have the effect of increasing the number of employees employed otherwise increase the cost to the Contractor of operating its haul operation (d) equipment failure~ (e) any impact of prevailing wage law. customs practices on the Contractor's costs: (f) any act, event or circumstances OCCUlTing 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 the TOH RRF. IX. SUBONTRACTS 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 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 be borne exclusively by Contractor. APPENDIX A-5 65 XI. FORCED ACCOUNTING In the event the Town directs the Contractor, by written authorization signed either by the Town Super¥isor or Town's Solid Waste Coordinator, to perform additional setwices beyond the scope of those described in this Agreement, the Contractor shall be compensated lbr such additional services on the following basis: TOTAL COMPENSATION FOR ADDITIONAL SERVICES - DIRECT LABOR COST + DIRECT MATERIAL COST + OVERHEADO + 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 lite insurance, pensions, FICA, unifbrms, safety equipment or special tools. These fringe benefits shall be separately identified and shall not duplicate fringe benefits paid in connection with work pertbrmed within the scope oft'the Agreement. B. DIRECT MATERIAL COST shall be those costs actually paid by Contractor/hr materials utilized by Contractor in per/brmance of the additional services. The costs Ibr such materials shall not include sales tax tbr 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 York State Tax Law, 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. PROFITS 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 necessa~' and furnish copies of those updates to the Town. XIII. DEFAULT In the event the Contractor fails co' perform its obligations under the Agreement, the Town may terminate the Agreement, procure the sen'ices from other sources and hold the Contractor responsible for any costs incurred. This Town also may deduct such costs from APPENDIX A-6 payments owing to the Contractor and/or draw upon the Perfommnce Bond as full or partial reimbursement for such excess costs. The Town reserves the right to terminate the Agreement for just cause. XIV. SERVICE AGREEMENT The Contractor shall be obligated to provide the Town with hauling services to the TOH RRF only. Under the agreement the Contractor shall not be responsible for providing, and is not obligated or authorized to provide, a disposal site tbr MSW. Under the agreement, the Contractor shall not be obligated or authorized to deliver TOS MSW to any disposal site other than the TOH RRF. This agreement does not limit or restrict the ability of the Contractor and TOS to enter into a separate agreement(s) to arrange for an alternate disposal site(s) for TOS MSW in the event an emergancy or other condition causes the TOH RRF to be temporahly unable to accept TOS MSW. XV. LIMITATION OF FUNDS The Contractor agrees that this Agreement shall be deemed executory only to the extant of the funds currently available for the purposes of this Agreement and 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, any actions or claims by either party hereto shall be commenced in Supreme Court, Sufirblk County, New York. In the event the parties agree to arbitrate a dispute, such arbitration shall be conducted in accordance with the rules of the American-Arbitration Association. In no event shall any demand tbr 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 thereoI: APPENDIX A-7 XVll. MISCELLANEOUS A. This Ageement shall be governed by the laws of the State of New York. B. Contractor shall not assign, convey or other;vise transfer its rights or obligations under this Agreement without the prior written consent of the Town. C. This Agreement, including all Exhibits and documents referred to herein, along with the Specifications, Solicitation and the Bid, and all Appendices and Exhibits thereto, represent the entire agreement between the Town and Contractor relating to the Services to be performed hereunder. This Agreement may be modified only by written agreement of Contractor and the Town. D. To the extent of any inconsistency among the documents constituting the agreement of the parties, the priority among those documents shall be: 2. 3. 4. This Agreement; 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 an assignment for the benefit of creditors or s 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 held themselves out nor claim to be an officer or employee of the Town of Southold nor make claim to any right accruing thereto including, but not limited to, Worker's Compensation, Unemployment Benefits, Social Security or retirement membership or credit. G. If any provision of this Agreement shall for any reason he held to be invalid or unentbrceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement and this Agreement shall be enforced as if such invalid and unenforceable provision had not been contained herein. APPENDIX A-8 68 H. Contractor agrees that it shall not discriminate and that it shall cause there to be no discrimination against any employee who is employee 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 t:bllows: If to the Town: With a copy to: Supervisor of the Town of Southold Town Hall 53095 Main Road Southold, New York 11971 Solid Waste Coordinator Town of Southold 53095 Main Road Southold, NY 1197l If to the Contractor: IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. TOWN OF SOUTHOLD By: Joshua Y. Horton, Supervisor By: APPENDIX A-9 69 APPENDIX B NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PERMIT · 70 APPENDIX C Town of Southold Accident Report 73 BIDDER'S SOLICITATION SOLID WASTE HAUL SERVICES AGREEMENT DOCUMENTS TOWN OF SOUTHOLD STATE OF NEW YORK TOWN OfSOUTHOLD May 2002 LEGALNOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that the Town of Southold will receive sealed bids for solid waste hauling only services until the time and at the location herein specified w]lich, will then be opened and publicly read aloud; PLACE: Office Of the To~xm Clerk Southold Totem Hall 53095 Main Road Southold New York 1197 l (631) 765-1800 DATE: Thursday, June 6, 2002 TIME: 10:00 A. M. (LATE BIDS WILL NOT BE OPENED) The offer to be made in accordance with this Bid Solicitation shall include a bid on the folloxving: A bid price per ton, to provide equipment and labor for hauling solid waste and disposing solid waste at the Town of Huntington Resource Recovery Facility. [NOTE: THIS IS AI-L~UL BID ONLY. Under this bid, Southoid solid waste MUST be delivered directly to the Town of Huntington Resource Recovery FaciliD'. Under this bid, tipping costs at the Town of Huntington Resource Recovery Facility shall be the sole responsibliity of and shall be borne directly by the Town of Southold, under existing contract between the Town of Southold and the Town of Huntington. Bidder should NOT provide disposal site tip fee costs under this bid.] The term of this Agreement shall be four and a half (4.5) years commencing on July 1, 2002. Bids must be made in xvriting 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 price shall not include any tax, Federal, state, or local, from which the Town of Southold is exempt. A Bidder may not vdthdraw 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 may be examined free of charge and at the folloxving location on weekdays from 8:00 A.M. to 4:00 P.M.: Office of the Town Clerk Southold Tox~m 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 9:00 A.M, Thursday, Ma)' 23, 2002 at: Southold Town Hall Meeting Hall 53095 Main Road Southold, New York 11971 For further information regarding bidding requirements, contact Elizabeth A. Neville (63 I) 765-1800. For information regarding Town Of South. old xvaste program and haul- disposal operations, contact James Bunchuck (63 l) 734-7685. All bids must be signed and sealed in envelopes plainly marked "Bid On Solid Waste Hauling Only Services ", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: May 3, 2002 ELIZABETH A. NEVILLE SOUTHOLD TOV~q'q CLERK PLEASE PUBLISH ON MAY 9, 2002, AND FORXVARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TO~VN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Accounting Jim Bunchuck Data Construction Dodge Reports Broxvn's Letters Burrelle's Information Sen, ices Town Clerk's Bulletin Board 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 t.vpe 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: Pfintname Corporate Title (if any) Company Name Mailing Address Phone Number BID ON Solid Waste HAULING Only · NOTICE TO BIDDERS Solid Waste Haul-Disposal Services The Town of Southold will receive sealed bids Ibr solid waste haul 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: Thursday, June 6, 2002 TIME: 10:00 A.M. (LATE BIDS WILL NOT BE OPENED) The offer to be made in accordance with this Bid Solicitation shall include a bid on the following: A bid price per ton, to provide equipment and labor for hauling solid waste and disposing solid waste at the Contractor's Solid Waste Disposal Site. The term of this Agreement shall be four and one-half (4-1/2) years commencing on July 1, 2002. And ending on December 31, 2006. 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 forn~ 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 perfbrmance 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 from 8:00 A.M. to 4:00 P.M.: · 2 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 9:00 A.M, Thursday, May 23, 2002 at: Southold Town Hall Meeting Room 53095 Main Road Southold, NY 11971 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 For further information regarding bidding requirements, contact Elizabeth A. Neville (631) 765- 1800. For intbrmation regarding Town Of Southold waste program and haul-disposal operations, contact James Bunchuck (631) 734-7685. TABLE OFCONTENTS GLOSSARY OF TERMS SECTION A- SUBMISSION REQUIREMENTS 1.0 Project Purpose 2.0 Schedule 3.0 Examination Of Agree~nent Documents 4.0 Information to be Submitted 4.1 Contractual Bid 4.2 Supplemental Information 5.0 Bid Format 5. I Binding 5.2 Form Preparation 6.0 Submission of Bid 6.1 Withdrawal Of Bids 6.2 Questions & Addenda 7.0 Bid Guaranty 8.0 Execution Of Agreement 9.0 Consideration Of Bids l 0.0 Selection Of Contractor 11.0 Acceptance of Bid 12.0 Assignment 13.0 Limitation Of Funds Available 14.0 Insurance and Bonds 14. l Insurance 14.2 Bonds 15.0 Indemnity (Hold Harmless) 16.0 Pa3,raents 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 Solid Waste 4.1 Quality and Characteristics 5.0 Program Activities 5. l Collection 5.2 Loading Mode 5.3 Town of Southold Accident and Damage Policy 5.4 NYSDEC Part 360 Permit to Operate 10 11 11 12 13 13 13 14 14 14 14 15 15 15 16 16 16 17 17 17 17 17 19 19 20 20 20 20 20 21 22 23 23 23 24 24 24 24 25 25 26 6.0 Haul Services 6. l Work Included 6.2 Equipment 6.3 Weighings 7.0 Safety and Health Regulations 9.0 Operations and Procedures 9.1 Supporting Data SECTION C - CONTRACTOR BID FORM 1.0 Intent 2.0 General Bid Statement 3.0 Unit Price Bid Schedule 3.1 Compensation 3.2 Evaluation Unit Bid Price Formula 4.0 Bid Security Acknowledgment 5.0 Information Schedules Inl:brmation Schedule A Information Schedule B lnfonnation Schedule C lnfom~ation Schedule D [n~brmation Schedule E Infom~ation Schedule F Information Schedule G Information Schedule H lntbrmation Schedule I Information Schedule J Information Schedule K Information Schedule L Intbrmation Schedule M 26 26 26 27 28 29 29 3l 32 32 35 35 36 36 37 SECTION D - APPENDICES Appendix A Sample Operating Agreement Appendix 13 New York State Department of Enx ironmental Conservation Pem~it Appendix C Accident Report GLOSSARY OF TERMS ADMINISTRATOR -Shall mean the Coordinator of municipal solid waste (or his agent) of the Town of Southold. New York. AGREEMENT- Shall mean a Form operating agreement set furth by the Town and resulting from this Bid Solicitation between the Town of Southold and the successful Bidder to be executed in 1997. AGREEMENT DOCUMENTS -Shall include the notice to bidders, instructions, bid solicitation, bid Fomis, information schedules, proposal, payment bond, bid bond, Agreement, perfurmance 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 from July I , of a calendar year to June 30, of the next calendar year. BIDDER -Shall mean any party or parties submitting in proper form a bid to perfom~ 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, 2002 . 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 constructiou and demolition debris is disposed of in a mariner that minimizes environmental hazards and is permitted under the design and operation requirements of 6NYCRR 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 7 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 perlbm~ the work, or the heirs, executors, administrators, agents, or successors thereofi COORDINATOR - Shall mean the coordinator of municipal solid waste tbr the To~vn of Southold. COUNTY - Shall mean Suftblk County, State Of New York. DALLY- 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 solid waste 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 U.S.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 27-090l et seq., as each such law may be amended from time to time, and the regulations promulgated thereunder, and any analogous or succeeding Federal, state or local law, rule or regulation and regulations promulgated thereunder and (2) any other material which any governmental agency or unit having appropriate jurisdiction shall determine from time to time cannot be processed at the facility because it is harmful, toxic or dangerous. NOTICE OF AWARD - Shall mean written notice from the Town of Southold to the successful Bidder that the Town of Southold intends to award an Agreement to the successful Bidder, subject to compliance with all their terms and conditions of the Agreement Documents. NYSDEC - New York State Department Of Environmental Conser,,ation. OSHA - Federal Williams-Steiger Occupations Safety & Health Act of 1970, plus subsequent revisions. GLOSSARY-2 8 OWNER - Shall mean the Town Of Southold. New York. Also may be refen'ed to as the Town. PERMIT - Shall mean an5' and all pennits, licenses, approvals, certificates of public convenience and necessity, Franchises or authorizations which nmst be issued by any Go~ erumental 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). RRF Town of Huntington Resource Recovery Facility, located at 99 Town Line Road, East Northport, NY, 11731. 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 6NYCRR Part 360 - Solid Waste Management Facilities, or alternatively outside of the State of New York, is perufitted 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 tbr setMces, equipment, materials and/or labor. TOH - Town of Huntington TOS Town of Southold GLOSSARY-3 9 SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS, AND AWARD BASIS 10 SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS AND AWARD BASIS 1.0 PROJECT PURPOSE The Town of Southold receives and must dispose of approximately l0,000 tons of solid waste annually. The Town of Southold (TOS) has entered into an agreement with the Town of Huntington (TOH) wherein TOS will send its solid waste to the Town of Huntington Resource Recovery Facility (hereinafter "RRF") for disposal. The TOS-TOH agreement runs through December 31, 2006. The purpose of this solicitation is to seek bids tbr the trucking of Southold's MSW to the Huntington RRF/hr the duration of the TOS-TOH contract period. Annual tonnage of MSW to be shipped from TOS is expected to rise during the contract period to approximately 12,500 tons. The Town of Huntington RRF is located at 99 Town Line Road, East Northport, NY 11731. 2.0 SCHEDULE The schedule below is an estimate of the time period leading up to the commencement of the Agreement. Its intent is to provide each Bidder with an idea of when certain events may occur. The dates given are guidelines and should not be construed as firm dates or deadlines due to. the multiple parties involved in the decision making process. EVENT DATE Transfer Station Visits By Appointment Pre-Bid Conference 9:00 AM, Thurs., May 23, 2002 . Bid Opening 10:00 AM Thursday, June 6, 2002 Town Board Approval June 18, 2002 Agreement Executed On or Before June 28, 2002 Operations Commencement July 1, 2002 ii 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; (c) 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, perfommnce or furnishing of the work: (fl 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 Reference is made to the Following information which is available tbr review by Bidders at the Town Clerk's Office during normal business hours - 8:00 A.M. to 4:00 P.M. Monday through Friday. i. Pending conceptual plans tbr the proposed Town of Southold Transfer Station. ii. Town of Southold Solid Waste Management Plan. This intbrmation is presented solely for the convenience of the Bidders and does not constitute part of the Agreement Documents. Bidders shall form their own conclusions and opinions from this information and shall confirm any information contained therein regarding facilities and equipment through site visits. The Town does not guarantee the accuracy of any inlbrmation contained in these documents. 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~ price and other terms and conditions of the Agreement Documents. The failure or omission of the Bidder to receive and examine any form, instrument or docmnent, 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. 12 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 Docmnents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions tbr perforating 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 t 1971 4.0 4.1 4.2 INFORMATION TO BE SUBMITTED WITH PROPOSAL Contractual Bid For the purpose of assisting the Town in determining the responsible Bidders tbr this Bid Solicitation, the Bidder is required to submit the tbllowing minimum information with his bid: ii. iii. ix.,. Contractor Bid Form Bid Security or Bid Bond Information Schedules A through M as applicable Supplemental hfformation as described in 4.2 Supplemental Information In addition to the aforelnentioned 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: ii. Haul A detailed summary of requirements for manpower, materials and supplies, mobile equipment, etc., shall be included to provide the Town with general anticipated guidelines for pertbrmancc under the Agreement. Litigation: A section briefly describing any current litigation which in any way may affect the Bidder's operational capability of useful life of the Solid Waste Disposal Sites. 13 5.0 5.1 5.2 6.0 iii. Subcontractors: If the Bidder intends to use one or more subcontractors to complete any portion of the ~vork, the Bidder must so indicate this intent itl its Bid. The Bidder is advised that any Agreement awarded will be contingent upon the use of tile subcontractor(s) so identified. In the event that the Bidder desires to change the number or identity of such subcontractor(s), the proposed change tnust be submitted to the Town lbr 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 eftbrts to include among its subcontractors MBE and WBE firms. In the event the success~l 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 To~vn prior to the Town's execution of the Agreement. BID FORMAT 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. Form Preparation Bids shall be submitted in the tbrm 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 tbr 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 Binder. BIDS SHALL NOT BE QUALIFIED, MODIFIED, LIMITED OR RESTRICTED IN ANY WAY. In the extent a specification is not applicable, it shall be so indicated. Incomplete bids may not be considered, depending on the nature of the missing infom~ation. SUBMISSION OF BID Each Bidder shall submit six (6) separate complete sets of his Bid which shall be enclosed in a sealed opaque 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 retumed 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: Office of the Town Clerk Town of Southold 53095 Main Road Southold, New York 11971 14 6.1 6.2 7.0 Bids received prior to the time of opening will be kept securely unopeoed. No bid received thereafter will be considered. Withdrawal of Bids An.,,' Bidder will be given permission to withdraw its Bid upon receipt of a properly notarized written request made no later than the time set for opening. At the time of opening of the bids, if such Bid is included, it will be returned to the Bidder unopened. No bid may be withdrawn alter opening until execution of the Agreement or rejection of all bids as provided herein. Questions & Addenda All questions about this Bid Solicitation must be submitted in writing to the following: Town Clerk Town of Southold 53095 Main Road Southold, New York 11971 No alterations to this Bid Solicitation will be considered valid unless in writing and issued as Addenda. All such addenda shall become part of the documents and all Bidders shall be bound by such addenda, whether or not received by the Bidders All questious must be received at least ten (10) calendar days before bid opening in order to be answered. It shall be the Bidder's responsibility to make inquiries concerning any addenda issued. All addenda will be on file at the Town Clerk's office at least twenty-four (24) hours before bids are opened. The Town will not be bound by oral clarifications. BID GUARANTY Each Bid must be accompanied by a bid guaranty (Section C, Schedule 5.0.K), without condition or qualification, which shall be in the sum of one hundred thousand dollars ($100,000.00). 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 from 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 draft must be made payable to the order of the Town of Southold. The bid bond shall name the Town as the obligee. Cash deposits xvill not be accepted. The bid guaranty shall ensure the execution of the Agreement and the 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 15 8.0 9.0 successful Bidder. 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 tbr Haul/disposal sen'ices. The successful Bidder shall, at its own cost and expense, procure, execute and deliver to the Town the tbllowing 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 ($1,000,000.00). 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 all 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. CONSIDERATION OF BIDS The Town of Southold reserves the right to reject any;or all bids for hauling sen'ices 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: Provide equipment, labor, maintenance and management sen'ices to haul solid waste from the Town of Southold Transfer Station to the TOH RRF as set Ibrth in Section B - Bid Specifications. B. Reserve attd provide a minimum available hauling capacity of 15,000 tons (52 weeks/year) yearly, allowing for seasonal and other peak periods. C. Provide evidence of all current valid state and Federal permits, licenses, local ordinances, etc., required by lax,,, to ship solid waste to the RRF. D. Provide evidence of physical and financial capability to perform services described in the bid specifications. 10.0 SELECTION OF CONTRACTOR 16 Bids will be evaluated only if accompanied by the approved tbm~ of bid guaranty. Only bids solicited l¥om firms or combinations thereof~ who have sufficient management. engineering capabilities, operating, and maintenance experience to fulfill the Town's goals and co,nply 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 at 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 14.0 14.1 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 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. INSURANCE AND BONDS Insurance For the period from 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 pro~ ided by companies licensed to do business in Near York State. The Town of Southold and its agent shall be named as an additional insured and coverage shall not be changed or cancelled until thirty (30) days written notice has been given to the Town. Within ten (10) days of the Notice of Award, Contractor shall furnish to the Town, certificates of insurance, in a form satisfactory to the Town Attorney, evidencing such insurance. The kinds and amounts of insurance are as tbllows: 17 A. Contractor's Insurance - Insurance tbr liabilit.~ for damage imposed by law of kinds and in the amounts hereinafter provided covering all work under the Agreement, whether pertbnned by Contractor or his subcontractors. The kinds and amounts of insurance are as lbllows: 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, covehng 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 tbr the benefit or; 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. The lbllowing insurance coverage shall be included: (a) Independent Contractor's Protective Liability - Covering work performed by subcontractors. (b) Completed Operations or Product Liability. {c) Contractual Liability. (d) Broad Form Property Damage (e) Personal Injury. NOTE: If any o f the rating classifications embody property damage exclusions C or U, coverage for eliminating such exclusions must be provided. Coverage for the above will be required in not less than the following amounts: SINGLE LIMITS OF LIABILITY: AGGREGATE LIMITS OF LIABILITY: $ 1,000,000.00 $10,000,000.00 (3) Automobile Liability Insurance - Policy shall include coverage for all owned as well as non-owned and hired vehicles, and limits shall not be less than the tbllowing amounts: BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY 18 14.2 Aggregate: $3,000,000.00 Each Person Each Occurrence $1,000,000.00 Aggregate: $3.000,000.00 Each Occurrence $1,000,000.00 Bonds Prior to the execution Of the Agreement. the successful bidder shall furnish to the Town a Perfom~ance Bond wherein the named obligee is the Town of Southold. The Performance Bond's purpose is to secure the faithful performance of the Agreement. The bond' amount shall be set tbrth in Section A-8.0. The bond shall be executed by a surety company approved by the Town authorized to do business in the State of New York and with an office or representative in Suffolk County, New York. The fom~ shall be acceptable to the Town of Southold and shall have a term through the completion of services. As an a alternative to the Pertbrmance Bond, the successful Bidder may furnish a certified check, bank draft, money order, or a standard tbrm irrevocable letter of credit, certified check, bm~ draft or money order must be made payable to the order of the Town of Southold. The standard tbnn irrevocable letter of credit shall be in a form acceptable to the Town of Southold. 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 obtigee at no added costs to the Town, upon written request from the Town. 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 tees 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 the Contractor'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 rights hereunder, including all necessary appeals which may be necessary, in the opinion of the Town. 19 16.0 PAYMENTS 17.0 Contractor shall receive monthly payments I:br services pertbrmed during the prior calendar month upon submission of an invoice (with a Town voucher) that shall contain an itemized list of municipal solid waste haul trips from the Town of Southold Transfer Station including the tonnage of municipal-solid waste and the manifest number for each load of municipal solid waste 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 sulnmary 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. DEFAULT In the event the Contractor fails to perform its obligations under the Agreement, the Town lnay 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 draxv upon the Perfutmance Bond as full or partial reimbursement tbr such excess costs. The Town reserves the right to terminate the Agreement lbr just cause. 18.0 TERM OF AGREEMENT The term of this Agreement shall be four and one-half(4-l/2) years commencing on July 1, 2002. 19.0 SERVICE AGREEMENT The Contractor shall be obligated to provide the Town with hauling services to the TOH RRF only. Under the agreement the Contractor shall not be responsible for providing, and is not obligated or authorized to provide, a disposal site l:br MSW. Under the agreement, the Contractor shall not be obligated or authorized to deliver TOS MSW to any disposal site other than the TOH RRF. This agreement does not limit or restrict the ability of the Contractor and TOS to enter into a separate agreement(s) to arrange for an alternate disposal site(s) for TOS MSW in the event an emergency or other condition causes the TOH RRF to be temporarily unable to accept TOS MSW. 20.0 SUBCONTRACTS The Bidder warrants that there will be no subcontractor employed to haul TOS MSW to the RRF. 20 21.0 RIGHTS AND OPTIONS The Town of Southold, New York. resei-,,es and holds at its discretion the following rights and options upon issuing this Bid Solicitation: 1. To award an Agreement to the candidate ,,*,'hose 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. 21 LEGALNOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that the Town of Southold will receive sealed bids for solid waste hauling only sel'viees until the time and at the location herein specified which, will then be opened and publicly read aloud; PLACE: Office Of the Tox~m Clerk Southold Town Hall 53095 Main Road Southold Nexv York 11971 (631) 765-1800 DATE: Thursday, June 6, 2002 TIME: 10:00 A. M. (LATE BIDS WILL NOT BE OPENED) The offer to be made in accordance with this Bid Solicitation shall include a bid on the following: A bid price per ton, to provide equipment and labor fox' hauling solid waste and disposing solid waste at the Town of Huntington Resource Recovery Facility. [NOTE: THIS IS A HAUL BID ONLY. Under this bid, Southold solid waste bIUST be delivered directly to the Town of Huntington Resource Recovery Facility. Under this bid, tipping costs at the Town of Huntington Resource Recovery FacilitT shall be the sole responsibility of and shall be borne directly by the Town of Sonthold, under existing contract between the Town of Southold and the Town of Huntington. Bidder should NOT provide disposal site tip fee costs under this bid.] The term of this Agreement shall be four and a half (4.5) years commencing on July l, 2002. Bids must be made in w,-iting on the forms furnished and shall be accompanied by a Bid Guaranty in the Form of certified check, money order, bank draft o.~ standard ~nn letter of credit made payable to Town of Southold, or bid bond. in tt:e ,:urn of one hundred thousand dellars ($100,000.00)wherein the named oblJgce rhah be tb: 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 avy 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 To;~n reserves the right to reject any or all bids and to waive ~ntbrmalities, should this action be in the best interest of the Town of Southold. Bid Solicitation 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 Southotd, New York 11971 Bidders will be allowed to ask questions regarding the Bid Solicitation during a pre- bid conference to be held at 9:00 A.M, Thursday, May 23, 2002 at: Southold Town Hall Meeting Hall 53095 Main Road Southold, New York 1197l For further information regarding bidding requirements, contact Elizabeth A. Neville (631 ) 765-1800. For information regarding To~vn Of Southold waste program and haul- disposal operations, contact James Bunchuck (631) 734-7685. All bids must be signed and sealed in envelopes plainly marked "Bid On Solid Waste Hauling Only Services ", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: Ma.,,, 3. 2002 ELIZABETH A. NEVILLE SOUTHOLD TO~q'xT CLERK PLEASE PUBLISH ON MAY 9, 2002, AND FORWA.RD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOV~'N HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Accounting Jim Bunchuck Data Construction Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board 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 an3' of its employees or agents, to any person not an employee or agent of the bidder or its surety on an3' bond furnished herewith prior to the official opening of the bid. Signed: /~-'~ ~ Pfintname ?c~'Mc.',.,. t~; rldt, ff~_o Corporate Title Mailing Address ~-~'~ 6 Iv d...oa,~{-L ~d_ - Phone Number (',.1,"~ 3,1. -5 c,'33 BID ON Solid XVaste HAULING Only BIDDER'S SOLICITATION SOLID WASTE HAUL SERVICES AGREEMENT DOCUMENTS TOWN OF SOUTHOLD STATE OF NEW YORK TOWN Of SOUTHOLD May 2002 NOTICE TO BIDDERS Solid Waste Haul-Disposal Sen'ices The Town of Southold will receive sealed bids ir'or solid waste haul sen'ices 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: Thursdas, June 6. 2002 TIME: 10:00A.M. (LATE BIDS WILL NOT BE OPENED) The offer to be made in accordance with this Bid Solicitation shall include a bid on the following: A bid price per ton, to provide equipment and labor tbr hauling solid waste and disposing solid waste at the Contractor's Solid Waste Disposal Site. The term of this Agreement shall be four and one-half(4-1.2) years commencing on July 1, 2002. And ending on December 31. 2006. Bids must be made in writing on the forms furnished and shall be accompanied by a Bid Cmaranty in the Form of certified check, money order, batik draft or standard form letter of credit made payable to Town of Southold. or bid bond. in the suni of one hundred thousand dollars ($100,000.00) wherein the named obligee shall be the Towa of Southold. The successful Bidder shall be required to furnish a pertbrmance Bond. and insurance in accordance with the instructions in the Bid Sol/citation. 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 furty-five (45) days airier 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 requiremeuts, instructions, technical specifications. and bidding fumes may be examined tree 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 Mare Road Southold. New York 11971 Upon pa.,,~nent 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 1197l Bidders will be allowed to ask questions regarding the Bid Solicitation during a pre-bid contierence to be held at 9:00 A.M. _Thursday, May 23. 2002 at: Southold Town Hall Meeting Room 53095 Main Road Southold, NY 11971 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 For further information regarding bidding requirements, contact Elizabeth A. Neville (631 ) 765- 1800. For information regarding Town Of Southold waste probn'am and haul-disposal operations, contact James Buncbuck (631 ) 734-7685. 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 Intbrmation 5.0 Bid Format 5. I Binding 5.2 Form Preparation 6.0 Submission of Bid 6.1 Withdrawal Of Bids 6.2 Questions & Addenda 7.0 Bid Guaranty g.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. I Insurance 14.2 Bonds 15.0 lndemnit5 (Hold Harmless) 16.0 Payments 17.0 Dethult l 8.0 Term of Agreement 19.0 Service Agreement 20.0 Subcontracts 21.0 Rights and Options SECTION B - BID SPECIFICATION 1.0 Requirements 2.0 Pro.am Goals and Objectives 3.0 Potential Regulatory and Operational Changes 4.(I Character Of The Solid Waste 4.1 Quality and Characteristics 5.0 Pro.am Activities 5. I Collection 5.2 Loading Mode 5.3 Town of Southold Accident and Damage Polio3 5.4 NYSDEC Part 360 Permit to Operate 7 10 1l 11 12 13 13 13 14 14 14 14 15 15 15 16 16 16 17 17 17 17 17 19 19 20 20 20 20 20 2[ 23 23 23 24 24 24 24 5 5 26 4 6.0 Haul Services 6.1 Wo,'k Included 6.2 Equipment 6.3 Weighings 7.0 Safety and Health Regulations 9.0 Operations and Procedures 9.1 Supporting Data SECTION C CONTRACTOR BID FORM 1.0 lnteot 2.0 General Bid Statement 3.0 Unit Price Bid Schedule 3. I Compensation 3.2 Evaluation Unit Bid Price Formula 4.0 Bid Security Acknowledgment 5.0 Inl-brmation Schedules lnlbnnation Schedule A Infonnation Schedule B Information Schedule C Inl:bnnation Schedule D lni'bm~ation Schedule E lnl-brmation Schedule F lntbnnation Schedule G Information Schedule H lnl-bmmtion Schedule l lntbm~ation Schedule J lnfommt~on Schedule K lnfommtioo Schedule L lnfonnatioo Schedule M 26 26 26 27 28 29 29 31 32 32 35 35 36 36 37 5 SECTION D - APPENDICES Appendix A Sample Operating Agreement Appendix B New York State Department of Environmental Conservation Permit Appendix C Accident Report 6 GLOSSARY OF TERMS ADMINISTRATOR -Shall lnean the Coordinator of municipal solid waste (or his agent) of the 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 1997. AGREEMENT DOCLIMENTS -Shall include the notice to bidders, instructions, bid solicitation. bid Forms, intbrmation schedules, proposal, pas~nent 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 from ~July 1_, of a calendar 5'ear to June 30, of the next calendar year. BIDDER -Shall mean an), party or parties submitting in proper ~brm a bid to perfbnn the work as specified in the Agreement Documents. The successful Bidder selected by the Town to pert-bnn 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 an5' bid addenda issued. COMMENCEMENT DATE -Shall mean July 1. 2002 CONSTRUCTION MATERIALS AND'OR DEM'OLIT1ON DEBRIS (C&D) -Shall mean solid waste resulting/'rom 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, dr.vwall, 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 6NYCRR 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 regnlatory agency and 2) Town of Southold's minimum standards. GLOSSARY-I 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. tit' the heirs, executors. administrators, agents, or successors thereof. _COORDINATOR - Shall mean the coordinator of municipal solid waste for thc Town of Southold. COUNTY - Shall mean Suffblk County, State Of New York. DAILY - Sunday to Saturday, inclusive. EPA - Enx ironmental Protection Agency (Federal). HAUL-DISPOSAL SERVICES UNIT PRICE - Shall mean the Contractor's compensation in dollars fbr each ton of solid waste actually hauled fi.om the Town Of Southold Transtar Station to the Contractor-Designated Disposal Site and disposed of at the Contractor-Designated Disposal Site. HAZARDOUS WASTE - Shall mean ( I ) any "hazardous waste" as defined under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.. or "hazardous substance" as defined under the comprehensive Enviromnental Response, Compensntion. and Liability Act, 42 U.S.C. Section 9601 et seq., or "hazardous waste" as defined under New York Enviromnental Conservation Law Section 27-090l et seq., as each such law may be amended fi.om time to time. and the regulations promulgated thereunder, and any analogous or succeeding Federal. state or local law, role or regulation and regulations promulgated thereunder and {2) any tither material which any governmental agency or unit having appropriate jurisdiction shall determine from time to time cannot be processed at the facility because it is harmful, toxic or dangerous. NOTICE OF AWARD - Shall mean written notice from the Town of Southold to the successthl Bidder that the Town of Southold intends to award an Agreemeut 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 & ttealth Act of 1970, plus subsequent revisions. GLOSSARY - 2 OWNER - Shall mean the Town Of Southold. New York. Also may be referred to as the Tow n. ,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). RRF - Town of Huntington Resource Recovery Facility, located at 99 Town Line Road. East Northport. NY. I 173 I. SOLID WASTE - Shall mean all putrescible and non-putrescible materials or substances. including but not limited to garbage, refuse, rubbish, ashes, agricultural wastes, and oflhl. (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 6NYCRR Part 360 - Solid Waste Management Facilities. or alteruatively outside of the State of New York. is permitted under design and operation requirements meeting the requirements of I ) that jurisdiction's applicable regulator3' agency' and 2) Toxxn of Southold's minimum standards. Also may' be referred to as Disposal Site(s~. SUBCONTRACTOR - Shall mean an individual, finn or corporation having a direct contract with the Contractor tbr set~'ices, equipment, materials and,or labor. TOH - Town of Huntington TOS - Town of Southold GLOSSARY-3 9 SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS, AND AWARD BASIS 10 SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS AND AWARD BASIS 1.0 PROJECT PURPOSE The Town of Southold receives and must dispose of approximately I 0.000 tons of solid waste annually. The Town of Southold (TOS) has entered into an agreement with the Town of Huntington (TOH) wherein TOS will send its solid waste to the Town of Huntington Resource Recovery Facility (hereinafter "RRF") for disposal. The TOS-TOH agreement runs through December 3 l, 2006. The purpose of this solicitation is to seek bids for the trucking of Southold's MSW to the Huntington RRF l'br the duration of the TOS-TOH contract period. Annual tonnage of MSW to be shipped from TOS is expected to rise during the contract period to approximately 12.500 tons. The Town of Huntington RRF is located at 99 Town Line Road, East Northport, NY 11731. 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 fim~ dates or deadlines due to. the multiple parties involved in the decision making process. EVENT DATE Transfer Station Visits By Appointment Pre-Bid Contbrence 9:00 AM, Thurs., May 23, 2002 . Bid Opening 10:00 AM Thursday. June 6. 2002 Town Board Approval June 18.2002 Agreement Executed On or Betbre June 28, 2002 Operations Commencernent Julvl,2002 Il 3.0 EXAMINATION OF AGREEMENT DOCUMENTS. FAMILIARITY \VITH THE WORK It is the responsibility of each Bidder betbre submitting a Bid to (a) examine the Samplc Operating Agreement and Agreement Documents thoroughly; (b) visit the site of the Town of Southold Transfer Station; (c) attend m~d be lam/l/ar with the outcome of the pre-bid conference (d) become familiar with conditions at the Town of Southold Transfer Station and Disposal Sites that ma3' affect cost, progress, per~bnnance or furnishing of the work: (e) become familiar with and consider all t~deral, state and local laws. regulations ordinances, pern~its, approvals and orders that may efliect the cost. progq'ess. perfunnance or furnishing of the work: (t) study and carefully cnn'elate tile 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 RefErence is made to the Following information which is available tbr reviex~ by Bidders itt the Town Clerk's Office during normal business hours - 8:00 A.M. to 4:00 P.M. Monday through Friday. i. Pending conceptual plans for tile proposed Town of Southokl Transfer Station. ii. Town of Southold Solid Waste Management Plan. ]'his intbrmation is presented solely tbr the convenience of the Bidders and does not constitute part of the Agreement Documents. Bidders shall form their own conclusions and opinions from this information and shall confirm any ini-brmation contained thereto regarding facilities and equipment through site visits~ The Town does not guarantee the accuracy of any intbrmation contained itl these documents. 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 afflict cost, progress, pertbrmance or furnishing of the work and which Bidder deems necessary to determine its bid i%r pertbnning and furnishing the work in accordance with the time, price and other terms and conditions of thc Agreement Documents. The failure or omission of the Bidder to receive and examine any titan, instrument or document, or make required inquiries and inspections, shall not relieve the Bidder from any obligation contained itl 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. 12 Thc submission ora Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Bid Solicitation. that xx ithout exception the Bid is premised upon pertbrming and furnishing the work required by the Agreement Documents. and that the Agreement Documents are sufticient in scope and detail to indicate and convey understanding of all terms and conditions tbr 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 'Fork 11971 4.0 4.1 .2 INFORMATION TO BE SUBMITTED WITH PROPOSAL Contractual Bid For the purpose of assisting the Town in determining the responsible Bidders tbr this Bid Solicitation. the Bidder is required to submit the following minimum intbrmation with his bid: ii. Contractor Bid Form Bid Security or Bid Bond Intbrmation Schedules A through M as applicable Supplemental Information as descr/bed in 4.2 Supplemental Information In addition to the afbrementioned fonns, the Bidder is. required to submit the tbllowing supplemental information with his bid: Operational Plan: A plan describing the Bidder's assessment of thc requested operation set tbrth in Exhibit M. This section shall be divided into tile tbllowing subsections: Haul A detailed summary of requirements for ~nanpower. materials and supplies. mobile equipment, etc., shall be included to provide the Town with general anticipated guidelines for pertbrmance under the Agreement. ii. Litigation: A section briefly describing any current litigation which in any way may affect the Bidder's operational capability of useful lilb of thc Solid Waste Disposal Sites. 13 5.0 5. l .2 6.0 iii. Subcontractors: If the Bidder intends to use one or more subcontractors to complete an5' 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 eftbrts 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 wnrk. the Bidder will be required to submit to the ]'own an MBE WBE Utilization Plan acceptable to the Town prior to the Town's execution of the Agreement. BID FORMAT Binding The document(s) if bound shall be in a manner that will provide for easy evaluation access (to lie fiat 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. Form Preparation Bids shall be submitted in the lbnn 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 ~br all bid categories required. In the event a price shown in words and its equivalent shown m figures do not a~ee. the written words shall be binding on the Binder. 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 mtbnnation. SUBMISSION OF BID Each Bidder shall submit six (6) separate complete sets of his Bid which shall be enclosed in a sealed opaque 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 reccixed after the time set tbr the opening will be returned to Bidders unopened. \Vhcn sent by mail, pret;erably registered, the sealed Bid, marked as above, should be enclosed m an additional envelope similarly marked and addressed to: Office of the Town Clerk Town of Southold 53095 Main Road Southold. New York 11971 14 6.1 6.2 7.0 Bids received prior to the time of opening will be kept securely unopened. No bid received thereafter ',`,'ill be considered. Withdrawal of Bids An.,,' Bidder will be given permission to withdraw its Bid upon receipt ora properly notarized written request made no later than the time set l-hr opening. At the time of opening of the bids, if such Bid is included, it will be returned to the Bidder unopened. No bid may be withdrawn after opening until exeention of the Agreement or rejection of all bids as pro`, ided herein. Questions & Addenda All questions about this Bid Solicitation must be submitted in writing to tile tbllowing: Town Clerk Town of Southold 53095 Main Road Southold. New York 1197l No alterations to this Bid Solicitation will be considered valid unless in writing and issued as Addenda. All such addenda shall become part of the documents and all Bidders shall be bound by such addenda, whether or not received by the Bidders All questions must be received at least ten (10) calendar days betbre bid opening iu order to be answered. It shall be the Bidder's responsibility to make inquiries concerning any addenda issued. All addenda will be on file at the Town Clerk's office at least m'enty-tbur (24) hours before bids are opened. The Town will not be bound by oral clarificatious. BID GUARANTY Each Bid must be accompanied by a bid guaranty (Section C, Schedule 5.0, K). without condition or qualification, which shall be in the sum of one hundred thousand dollars ($100.000.00}. Tile guaranty may be certified check, bank draft, money order, standard fonn irrevocable letter of credit, or a bid bond in the form attached. The bid bond shall be secured from 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 tile required guaranty, certified check, money order or bank draft must be made payable to the order of tile To',vn o f Southold. The bid bond shall nan'te the Town as the obligee. Cash deposits ,,',,ill uot be accepted. The bid guaranty shall ensure the execution of the Agreement and the lhmisbing of the surety bond or other required bonds by tile successful Bidder. all as required by the Agreement Documents. All guaranties `,','ill be returned within ten ( I 0) days after the execution of thc Agreement and required bonds insurance and other Agreement Documents arc received frmn the 15 8.0 9.0 successful Bidder. 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 A~eement Documents for Haul, disposal sen'ices. 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 ($1.000.000.00). 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 all damages it may suffer as the result of such breach. The Town's fights 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 fights against the Contractor as a result of his failure to pertbrm as required by these documents. CONSIDERATION OF BIDS The Town of Southold reserves the right to reject an?or all bids Ibr hauling services if such action is deemed to be in the best interests of the Town. To bc considered responsive to this Bid Solicitation, each Bidder shall: Provide equipment, labor, maintenance and ,nanagement services to haul solid waste/'rom the Town of Southold Transfer Station to the TOH RRF as set tbrth m Sectkm B - Bid Specificatioos. B. Reserve and provide a minimum available hauli,tg capacity of 15.000 tons (52 weeks Tear) yearly, allowing for seasonal and other peak periods. C. Provide evidence of all current valid state and Federal permits, licenses, local ordinances, etc., required by law to ship solid waste to the RRF. D. Provide evidence of physical and financial capability to pcrtbnn sen'ices described in the bid specifications. 10.0 SELECTION OF CONTRACTOR 16 Bids will be evaluated only if accompanied by the approved $:bnn of bid guaranty. On13 bids solicited from firms or combinations thereof, who have sufficient management. engineering capabilities, operating, and maintenance experience to fulfill the Town's goals and comply with the applicable local, state, Federal laws. ordinances, regulations e.g. New York State Department of Environmental Conservation. Resource Conser,'ation Recovery Act and Federal Environmemal 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 {Init Bid Price is the lowest. The Town of Southold reserves the right, in its sole discretion, to reject at 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 dui3' authorized representative of the Town, and no other act of the Town shall constitute the acceptance ora Bid. The acceptance ora 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 othenvise 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 14.0 14.1 The Contractor specifically agrees that any Agreement shall be deemed executory only to the extent of the funds appropriated fbr the purpose of the Agreement and that no 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. INSURANCE AND BONDS Insurance For the period from Agreement commencement date until one ( l ) 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. The Town of Southold and its agent shall be named as an additional insured and coverage shall not bc changed or cancelled until thirty (30} days wnnen notice has been given to the Town. Within ten 110) days of the Notice of Award, Contractor shall furnish to the Town. certificates of insurance, in a form satisfhctory to the Town Anomey. evidencing such insurance. The kinds and amounts of insurance are as follows: 17 A. Contractor's Insurance - Insurance for liabiliLv for damage imposed by law of kinds and in the amounts hereinafter provided coveting all work under the Agreement. whether pertbm~ed by Contractor or his subcontractors. The kinds and amounts of insurance are as follows: (I) Worker's Compensation Insurance - A Policy covering the operations of the Contractor in accordance with the provisions of Chapter 41 of the Laws of 1914 as amended, known as the Worker's Compensation Law. covering all operations Of the Contractor. whether pertbnned by him or by his subcontractors. The A~eement shall be void and of no effect unless the person or corporation making or executing same shall secure compensation coverage tbr the benefit of. and keep insured during the lite of said Agreement such employees in compliance with provisions of the Worker's Compensation Law. (2) General Liability (Comprehensive Fon'n) Insurance - Contractor's liability insurance issued to and covering legal liability of the Contractor with respect to all work peribrmed by him under the Agreement. The tbllowing insurance coverage shall be included: (a) Independent Contractor's Protective Liability - Covering work pertbrmed by subcontractors. (b) Completed Operations or Product Liability. (c) Contractual Liability. (d) Broad Fom~ Property Damage (e) Personal Injury. NOTE: If any of the rating classifications embod.$ property damage exclusions C or U. coverage tbr eliminating such exclusions must be provided. Coverage for the above will be required in not less than the following amounts: SINGLE LIMITS OF LIABILITY: AGGREGATE LIMITS OF LIABILITY: S 1.000.000.00 $ 10.000.000.00 (31 Automobile Liability Insurance- Policy shall include coverage Ibr all owned as well as non-owned and hired vehicles, and limits shall not be less than the /bllowing amounts: BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY 18 14.2 Aggregate: $3,000,000.00 Each Person Each Occurrence $ 1.000.000.00 Aggregate: $3.000.0/)0.00 Each Occurrence $1,000,000.00 Bonds Prior to the execution Of the Agreement. the successful bidder shall furnish to the Town a Performance Bond whereto the named obligee is the Town of Southold. The Pertbnnance Bond's purpose is to secure the faithful performance of the Agreement. The bond' amount shall be set tbrth itl Section A-8.0. The bond shall be executed by a surety company approved by the Town authorized to do business in the State of New York and with an office or representative in Suflblk County, New York. The form shall be acceptable to the Town of Southold and shall have a tem~ through the completion of services. As an a alternative to the Performance Bond, the successful Bidder may furnish a certified check, bank draft, money order, or a standard tbml irrevocable letter of credit, certified check, bank draft or money order must be made payable to the order of the Town of Southold. The standard form irrevocable letter of credit shall be in a tbnn acceptable to the Town of Southold. In the event the Contractor secures a Pertbnnance 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 ilo added costs to the Town, upon written request from the Town. 15.0 INDEMNITY (HOLD HARMLESS) Contractor shall agee to defend, indemnify and save hannless the Town against an.,,' 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 recur, suffer or be required to pa,',' by reason of or in consequence of the carrying out of or the performance of the terms of such A~eement. or the thilure to carry out any of the revisions, duties, sen'ices or requirements of such Agreement, whether such losses and damages m-e suffered or sustained by the Town directly or its employees, liceosees. 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 therelbr. This. indemnity shall include any and all claims, penalties or other losses or damages incurred b? the Toxxn as a result of enlbrcement or other proceedings by Federal. state or local government agencies relating to the Contractor's operation. This obligation shall be ongoing, survive the tenn of the Ageement and include, but not be limited to. claims concerning non-sudden environmental impairments. The Bidder agees to join in the commencement of any action or proceeding or in thc defense of any action or proceeding which in the opinion of the Town constitutes actual or threatened interference or interruption with the Town's rights hereunder, including all necessary appeals which may be necessary, in the opinion of the Town. 19 16.0 PAYMENTS 17.0 Contractor shall receive monthly payments tbr sen'ices pertbrmed during the prior calendar month upon submission of an invoice (with a Town voucher) that shall contain an itemized list of municipal solid waste haul trips from the Town of Southold Transfer Station including the tonnage of municipal-solid waste and the manifest number for each load of municipal solid waste removed. Such payments shall be made within sixty (60} days of the Town's approval of Contractor's invoice. Contractor's mouthly inx oice 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. DEFAULT In the event the Contractor tails to perform its obligations under the Agreement, the Town may terminate such Agreement, and the Town may procure the serx ices 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 Perlbnnance Bond as full or partial reimbursement for such excess costs. The Town reserves the right to terminate the Agreement fbr just cause. 18.0 TERM OF AGREEMENT The term of this A~eement shall be four and one-half{4-12) years commencing on July 1, 2002. 19.0 sERvIcE AGREEMENT The Contractor shall be obligated to provide the Town with hauling serx ices to the TOH RRF only. kinder the agreement the Contractor shall not be responsible for providing. and is not obligated or authorized to provide, a disposal site tbr MSW. Under the agreement, the Contractor shall not be obligated or authorized to deliver TOS MSW to any' disposal site other than the TOH RRF. This agreement does not limit or restrict the ability of the Contractor and TOS to enter into a separate agreement(s) to arrange for an alternate disposal sitels) for TOS MSW in the event an emergency' or other condition causes the TOH RRF to bc temporarily unable to accept TOS MSW. 20.0 SUBCONTRACTS The Bidder warrants that there will be no subcontractor employed to haul TOS MSW to the RRF. 2O 21.0 RIGHTS AND OPTIONS The Town of Southold. New York, reserves and holds at its discretion the lbllowing rights and options upon issuing this Bid Solicitation: 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 an&or all bids. 3. To issue subsequent bid solicitations. 4. To issue additional and subsequent solicitations tbr 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 an5' time during the Agreement period. 21 SECTION B BID SPECIFICATIONS (TECHNICAL/MANAGEMENT) 1.0 SECTION B BID SPECIFICATIONS TECHNICAL MANAGEIVlENT REQUIREMENTS This request for bids is issued tbr the Town of Southold, State of New York. Town Hall, 53095 Main Road, Southold, New York, 11971 (Telephone {516) 765-1800) The effort. shall be known as the Town of S0uthold Solid Waste Haul Disposal Service. The Town of Southold desires to issue an Agreement with a qualified Contractor to haul a portion of its Solid Waste. The Town will need to dispose of approximately 10,000 12.500 tons of solid waste during the agreement years. The Contractor will ensure the Town that solid waste will be hauled from the Town of Southold's transfer Station to the TOH RRF. 2.0 3.0 · HAUL Prl)vide equipment, labor, maintenance, management and policies to operate a transportation system for hauling solid waste from the Town of Southold transfer Station to 'the TOH RRF as set forth herein. Transportation equipment shall be in accordance with Next' York. State Department of Transportation. htterstate Commerce Commission, United States Department of Transportation. as defined in the Code of Federal Regulations, or other applicable state and federal regulatory requirements. [SEE NOTE AT END OF SECTION 6.2[ PROGRAM GOALS ,AND OBJECTIVES The goal of this project is the continued safe and reliable hauling of thc solid waste materials 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 haul operations proceed according to the provisions of this document and subsequent agreen~ents axnendments are upheld. 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 solid waste received at the Town of Southold Transfer Station and delivered to the Disposal Site: the manner m which solid waste is handled by the Town prior to the loading of waste tbr transfer: and thc equipment maintained and used by Town forces in the handling of waste tn be transferred. 23 4.0 4.1 5.0 5.1 This Agreement will not provide any guarantees with respect to the x olumc of waste to be hauled and or disposed of by Contractor or the specific operational techniques and or equipment to be employed by the Town in the handling of waste at the Town transfer station. The Town reserves the right to designate another public body, private or public agency, ~oup or authority to act in its behalf tbr administration of the Agreement at any time during the term of Agreement. CHARACTER OF THE SOLID WASTE 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 waste types generated in private households, and, therefore, can include broken furniture, small appliances, and other wastes generated in a private home or apartment as allowed under 6NYCRR Part 360- 1.2(a) regulations and the Garbage, Rubbish and Refuse Law. Chapter 48 of the Code of the Town of Southold. Commercial waste may also be included in the solid waste stream. It may include any waste which is typically disposed of in dumpster or roll-off type container boxes at restaurants, small businesses, light industries, hospitals, office buildings etc. It should not include any wastes covered by special waste pemfits Such as pathogenic or hazardous materials, but the Toxvn cannot guarantee that the waste stream does not contain same. Special costs associated with handling noncompliance loads will be compensated under Forced Accounting (Appendix A-9). Quality and Characteristics The Town Of Southold's historical solid waste quantities and characterization data are available for rex Jew at the Southold Town Solid Waste Management District, County Rt. g48 and Zack's Lane. Cutchogue, NY, 11935. Bidders are cautioned that actual quantities may differ significantly from these data. Recycling programs may affect thc 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 [he noncompliance waste in accordance with local, state and Federal regulations. Compensation fi}r such waste disposal sen'ices shall be provided tbr 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.IVI. The Contractor will be expected to collect and remove solid waste from the Transfer Station during the tbllowing hours: 24 Monday through Friday 7:00 A.M. to 4:00 P.M. The Transfer Station is closed on the tbllowing holidays: New Year's Day Martin Luther King Day President's Da5' Easter Sunday Memorial Da5' Independence Day Labor Day Columbus Day Election Day Veteran's Day ~-- Thanksgiving Eve Thanksgiving Day ~ 2 Christmas Eve Christmas Day % New Years Eve The Contractor must make transfer containers available tbr 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 empty thc Transfer Station tipping floor on a daily basis, delivery and staging of an adequate number of containers for this purpose will be coordinated with Transfer Station Staff as needed. 5.2 5.3 Loading Mode The Contractor shall fully prepare transfer containers for loading, including assuring that container covers or empty containers are left open. [SEE NOTE AT END OF SECTION 6.2.1 Soli'd Waste will be loaded by' the Town at its Transfer Station using a front end wheel loader. After loading, Contractor will bring transfer containers to the Town's truck scalcs lbr 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. thc contractor shall providc sealed containers tbr 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 pertbnning services under the term of the Agreement. The Town of Southold shall immediately be notified of any m~ior occmTences such as bodily injury of structural damage to the Town's Transfer Station. An Accident Repor~ 25 5.4 6.0 6.1 6.2 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 si~m~ 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 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. HAUL SERVICES For Solid Waste Hauling Sen'ices-Agreement, the tbllowing sen'ices will include the tasks, responsibilities and performance required as outlined herein. Work Included The Contractor shall provide the lbllowing 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. · M[anagement and operation of a fleet to accommodate the transport of solid waste from the Town transfer Station to the TOH RRF in accordance with all local, state, and Federal regulations. [SEE NOTE AT END OF SECTION' 6.2.1 · Financial liability and maintenance responsibility of transport equipment, i.e., dump trailers, transfer trailers bulk material containers, vehicles, personnel and services Ibr open-top loading solid waste hauling activities. · Coordination of haul sen'ices with disposal sen'ices. 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 aud containers, etc. The contractor must assure the Town that an adequate reserve supply or' equipment exists to haut and dispose of the daily and seasonal solid waste 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 tbr familiarizing itself with the Town of Southold Transfer Station site, solid 26 6.3 waste, etc., to assure equipment compatibilit3. 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 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 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. detbrmed 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 solid waste in open-top transport equipment. The bidder shall clearly indicate [he 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 unit. The Contractor shall maintain its own off-site maintenance shop facilities t'or servicing the transport equipment and vehicle fleet, unless it elects to subcontract lbr these services. No major maintenance may be done at the Town of Southold Transfer Station site. ~XOTE. h~ the course qf this Agreement. the Town moo'. at its discretion, providc I or more transfer trailers?hr use by the Contractor. Thc Ton'n warrants that any such eqtlipment provided n'ould be compatible with hauli~tg vehicles (ri'actors) generally standard in the waste hauling imhtstt3', hi thc event that the Town wishes to provide such equipment./hr list ~' the Contractor. the Contractor together n'ith thc Ton'n shall develop an addendum to this agreement governi~g such list'. Weighings The Town will compensate the Contractor for waste material hauled on a net tonnage basis (short tons - 2000 pounds). The certified weighings will be made at the Southold Town Transfer Station. All weights will be generated on current certified weigh scales. Itl the event of any dispute over differences in net weights between the Town and TOS RRF scales and weight records, the Town ma.,,' make payment upon the weight it deems to be most correct, until the dispute is reconciled. Any claims lk~r 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. 27 6.4 7.0 Routing Mode - Contractor's Responsibility Contractor will have the right to select the route(s) l-bt travel from the Town of Southold transfer Station to the TOS RRF. 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 indemnit3' and hold the Town harmless from an5' claims, fines and other damages assessed upon or incurred by the Town as a result of any violations of applicablc restrictions or regulations relating to the routes traveled by the Contractor. 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 91-5t)6) 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: Nlaintenance safety procedures - guards and Shields on dynamic equipment, guards, railings, electrical lockouts, vehicle wheelblocks, audio vehicle backup alanns, vehicle wheel chocks, etc. Employee safety orientation, education, teaching, first-aid training, cardiopuhnonary resuscitation, etc. Noise and dust control, ear protection, respirators, hard-hats, safety shields, glasses, protective clothing, sanitary facilities, etc., Fire and explosion preventions, control, equipment (fire blankets, extinguishers, first aid hoses, etc.) and personnel escape ahematives. Traffic flow control patterns. Accident or in ur,',' reporting system (the Town shall received topics of al 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 lbr operational sat;ety during 28 8.0 pertbm~ance of the A~m'eement. 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 tbr safety' precautions and programs, or lb,' any thilure to comply with laws. rules, regulations, ordinances, codes or orders applicable to the Contractor furnishing and per/brining the services under the terms of the Agreeme,m OPERATIONS AND PROCEDURES The Contractor will be required, prior to commencement of operations, to pro, ide the tbllowing operational plans to the Town for review and acceptance. Revisions. modification's, and updates shall be tbrwarded to the Town throughout the term of the Agreement. Organization personnel and structure, showing the chain of command, names and telephone numbers and staffing requirements. 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 norn~al daily operations as described in the bidder's operations plan. The inclement weather plan shall include hauling 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. 8.1 Supporting Data In the event the Town requires an)' inforn~ation 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 operations which may be required by Town, County, State or Federal law. In the event the Contractor requires an5' intbnnation in support of Contractor held licenses and pennits at the Town, County. State and Federal level, the Town will cooperate in furnishing such information as it applies to thc Southold Ttmn operations. Operating records shall be considered essential to the operation. The Contractor shall keep these data in an organized fashion that allows tbr cas5' 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) 5'ears after termination of this Agu-eement. 29 In the event the Town requires additional .infom~ation tbr reporting purposes, the Contractor will supply same. The Town. or its designee, may call upon the Contractor at anytime tbr an oral review of any technical matter. The Contractor shall file and update the following inlbm~ation as specified herein. Items Haul Equipment (Schedule H) Haul Accident Report (Appendix C) Licenses. Permits and Inspection Reports All Bid Intbnnation Schedules Due as changes occur on occurrence on occurrence as changes occur 30 SECTION C CONTRACTOR BID FORM 31 SECTION C TOWN OF SOUTHOLD SOLID WASTE HALL SER\ ICES CONTRACTOR BID FORM 1.0 INTENT The undersigned hereby' recognizes that these documents are complementaD' and are intended to provide for uniformity in bid evaluations. The tbrmal Agreements resulting from this Bid Solicitation shall be in a form provided by' the Town. These documents are intended to depict complete Solid Waste Haul Sen'ices 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 A~eement, 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: TOC,,2q OF SOUTHOLD STATE OF NEW YORK 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 Bidders: The undersigned Bidder has carefully examined the forms and content of the Bid Solicitation, including notice to bidders, bid bond, sample operating agreement, pertbnnance bond, certificates of insurance, genera! conditions, bid specifications, and addenda, bas familiarized itself with the sites of work, and hereby proposes to furnish all necessary sen'ices. permits, labor, materials, equipment, vehicles, and tools required to pert'cmn and complete the work in strict accordance with all of the bid documents written by or on behalf of thc Town of Southold for this project. The undersigned Bidder agrees to abide by all conditions stated, intended, or 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 pertbrmance bond. and insurance all within ten { 10) calendar days. SECOND: To begin Solid Waste Haul services operations on the comnmncement date of any Agreement awarded hereunder, having completed all necessary prior preparations of operational planning, personnel hiring, equipment procurement, subcontractor 32 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 recur as a result of the Contractor's failure to 'pertbrm 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: as tbllows: Dunng the performance of this Agreement. the Contractor hereby agrees The Contractor shall not discriminate against any employee or applicant for emplo.,m~ent because of age, race, creed, color, sex, marital status, national origin. physical disability, and shall take affirmative action to ensure that they are aftbrded equal employment opportvnities without discrimination because of age, race, creed, color, sex, 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 tbrms of compensation, and selection for training or.retraining, including apprenticeship and on-the-job training. The Contractor shall comply with the provisions of Sections 290 through 301 of the Executive Law, Shall furnish all inl-brmatio,~ and reports deemed nccessars' by the State Commission for Human Rights under these nondiscriminatiou clauses and such sections of the Executive kaw. and shall permit access to his books. records, and accounts by the State Commission tbr Human Rights. the Attorney General. and the Industrial Commissioner lbr purposes of investigafum to ascertain compliance with these nondiscriminatio,~ clauses and such sections of thc Executive Law and Civil Rights Law. This Agn'eement may be forthwith cancelled, tenninated, or suspended, ill whole or in part. by the Town upon the basis ora 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 tbr Human Rights that he has established and is carrying out a program in conformity with thc p,'ovisions of these nondiscrimination clauses. Such findings shall be made by the State Commission for Human Rights atier conciliation ctlbrt> by thc ('olnnlissJon 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 }fun to be heard publicly befure three members of the Commission. Such sanctions may be imposed and remedies invoked independentl5, or in additiou to sanctions and remedies otherwise provided by law. No laborer, workman or mechanic in the emplo)' of the Contractor or subcontractor shall be permitted or required to work more than eight hours in any one calendar da>', 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 (al through (el in eyed 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 belief: The prices in this bid have been arrived at independently without collusion. consultation, communication, or agreement tbr the purpose of restricting competition, as to any matter relating to such prices with an)' other Bidder or with any competitor. Unless otherwise required by law. the prices which have been quoted iu this bid have not been knowingly disclosed by the Bidder and will not kuowingly be disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder or to an5' competitor. No attempt has been made uor 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 ~nisunderstanding. omissions or errors regarding the same which such inspectiou and observation would have disclosed. The undersigned further understands and agrees that it is or thc)' are to furnish and provide in retun~ tbr the respective Evaluation Unit Bid Price, all the necessary materials, machinery. ~ ehicles, implements, tools, labor sen'ices, and other items of whatever nature, and to do and pertbnn all work uecessary under the aforesaid conditions, to complete operations of the atbrementioned Solid Waste Haul 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 thereg~re, the compensation provided for iu Section C-3. 34 The undersigned submits herewith a bid guaranty within the tbnn provided by the applicable bid documents in the amount of $100,000.00 for any option or combination thereof: In the event this proposal is accepted, and the undersigned fails, within ten { Il)) calendar days after date of receipt of Notice Of Award from the Town to execute and deliver an Agreement in the tbrm provided by the Town or fails to execute and deliver evidence of proper insurance coverage and performance bond in the amounts required and in the prescribed tbrm within ten (10} days after Notice of Award, the bid guaranty Shall be forfeited and be retained by the Town toward the satisfaction of liquidated damages and not as a penalty. Otherwise, the total amount of bid guaranLv liquidated will be returned to the Bidder. The undersigned acknowledges the receipt of the tbllowing addenda, but it agrees that it is bound by all addenda whether or not listed herein and whether or not actually received, it being the Bidder's responsibility to receive and have knowledge of all addenda. ADDENDUM NUMBER AND DATES Number I - Dated: Number 2 - Dated: Number 3 - Dated: Number 4 - Dated: Number 5 - Dated: The Bidder has completed the Contract Bid Fonn and Unit Price Schedules in both words and numerals in accordance with these bid requirements. 3.0 UNIT PRICE BID SCHEDULE SOLID WASTE HAUL-DISPOSAL SERVICES SOUTHOLD TOWN. NEW YORK 3.1 COMPENSATION Services to Southold Town. New York for the terms July I. _00.~ 2006. The undersigned hereby submits the lbtlowing price bid to furnish Solid Waste Haul through December _, 1~ HAUL SERVICES The Haul Ser,'ice applicable unit price per ton for agreement year ZOO~- - is ,~o..,~'-e.~"~tC,'~D ~ I o.,x,~ dollars and 35 cents (S 17°~'° ). (CI) The Haul Service applicable unit price per ton for agreement 3,ear ~O.~ '2d50~t is '~' ~,off ~ dollarsand cents($ ]-/~kR ).(C2) The Haul Service applicable unit price per ton for agreement year ~),4;)Oht - 7,,00~' is ~'-'~ '~ qT! dollars and cents ($ I-~q''l ). (C3) The Haul Service applicable unit price per ton for agreement 3'ear 7,.OO~' - '~,O0[2 is ~.~~ ,~ I,,'~/ dollars and cents ($ I ""/~-"~ ). (C4)' The Haul Sen'ice applicable unit price per ton for agreement year "2/06:, _is _Sat. -bolto, '~ *o~'./ - dollarsand cents ($ ]--/le.~ ). (C5) 3.2 EVALUATION UNIT BID PRICE FORMULA Evaluation Unit Bid Price = (C 1 ) 10,000+(C2) 10,000+(C3)10,000+.5(C4)10,000+.5(C5) I 0,000 40.000 tons Evaluation Unit Bid Price = $ ~.~M~'~I lo.x.,~ '~' ] '7, The evaluation unit bid price tbrmula is designed to evaluate years tbur and five at .5 the evaluate of each of the first three (3) years. Bidder: '1"~; Fifln-Corpbration By: . ~ . Authorized Representative Address Co -b Date 4.0 BID SECURITY ACKNOWLEDGEMENT I have attached the required bid security to this bid. 36 5.0 Dated: INFORMATION SCHEDULES I agree to furnish and include the following information schedules in addition to the mtbrmation 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-involxing the lown of Southold, State of New York (Schedule A, attached hereto ). B. Location and address of the Bidder's main 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 A~eement on behalf of the fim~ (Schedule D. attached hereto). H. J. M.[ I Operation Detailed financial statement tbr the Bidder, and if applicable, tbr parent companies (Schedule E, attached hereto). Statement of Bidder's Qualifications and related experiences (Schedule F, attached hereto). Major Subcontractors - (Schedule G, attached hereto). Equipment- (Schedule H, attached hereto). Maximum Specified Capacity- (Schedule I, attached hereto). lntbnnation on Bidder's Solid Waste Disposal Site(s) (Schedule J attacbed hereto). Form of Bid Bond (Schedule K, attached hereto). Pertbrmance Bond (Schedule L, attached hereto). Plan (Schedule M, attached hereto}. Name of Bidder: Address of Bidder: 37 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 partnership) Names and addresses o fall principals or partners 38 This Bidder INFORMATION SCHEDULE A Town of Southold Bid Project Solid Waste Haul Sen'ices (Biader's legdl name) ~ herein certifies that as a Bidder. it does not currently owe delinquent taxes or other outstanding Funds. of having pending or currently involved in any litigation involving the Town of Southold. State of New York. Nameof.~dder: ~ q~_r','ea: l'xt Tr'¢..~p.r-~.3r;~< By: /~~' Date: _&//4'°z-~- (Authorized Signature) NOTE: (1) If blank not applicable, fill in with N,A If bidder owes the Town taxes or is involved in any litigation, a statement of explanation will be attached hereto. Tax'Litigation Certification BID (PROPOSAL) FORM Schedule 5.0.A Page I of l 39 INFORMATION SCHEDULE B Town of Southold Bid Project Solid Waste Haul Sen,ices The following is information on the undersi~med Bidder's office locations: Bidder's Main Office Manager's Name (Contact) Finn's Lbgal Namb Street Address (Box Numbers) City State Zip Telephone Number The Bidder herein certifies that the' is partially, wholly owned subsidiary' of This Bidder's Parent Corporation Main Office By Manager's Name (Contact) Parent Firm's Legal Name Street Address (Box Numbers) City State Zip Telephone Number ~ Firn~ is owned Parent Finn Parent Finn or is a public, private stock corporation. Bidder Office Locations Ownership Certification BID (PROPOSAL) FORM Schedule 5.0. B Page I of 2 40 INFORMATION SCHEDULE B - (Continued) Name ol~lder: "~c'; ,~; ¥ ~ Date: Note: (1) Any' attachments or modifications to this fonn shall be labeled Schedule 5.0.B, and 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 o1'2 41 INFORMATION SCHEDULE C Town of Southold Bid Project Solid Waste Haul 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 Perfom~ance Bond. specified in the Contract Documents. 'in the event the Bidder enters into an agreement with the Town. The Surety Company herein certifies that such Company is licensed to do business in the State of New York. (L.S.) Principal (SEAL) Surety Company By: Bidder Office Location Ownership Certification BID (PROPOSAL) FORM Schedule 5.0.C Page I of l 2 INFORMATION SCHEDULE D Town of Southold Bid Project Solid Waste Haul Services The Bidder herein certifies that the below named individuals are the current registered corporate officers, along current permanent addresses, and designates their authority to execute an Agreement on behalf of the firm Officer's Name ~i,,oe._- CoF.~ Officer's Name Subsidiary Parent Corporate Title ~0ccx: ,¥,..o-(' Corporate Title Address ~?v. ~ ~'~ ~x,,. ~ Address City $ ~,~ ~, x..~'rr City State. Zip w"-( State. Zip Officer's Name '"~cdt~-:c:,. '~;04~.'tt,:~ Officer's Name Subsidia~' t Parent Corporate Title 5~,.-4,.1' [ 'F'I'~q ~- Corporate Title Address L,t r~ ~ ."?v..,~ ~ Address Git3' t'TD', d ~kt~s Git3' State, Zip coy State, Zip Officer's Name Officer's Name Subsidiary Parent Corporate Title Corporate Title Address Address Cit.',' City State, Zip State. Zip Current Corporate Officers BID (PROPOSAL) FORM Schedule 5.0.D Page 1 of 2 43 INFORMATION SCHEDULE D - IContinued) Officer's Name Subsidiary Corporate Title Address City State. Zip Corporate Seal Officer's Name Parent Corporate Title Address CiLv State, Zip Name o/fOidder: /,7,"fl'~/ff$ ~ ~J Date: ~O ~ -~ 2/"- NOTE: If blank not applicable, fill in with N:A Current Corporate Officer BID (PROPOSAL) FORM Schedule 5.0.D Page 2 of 2 44 INFORMATION SCHEDULE E Town of Southold Bid Project Solid Waste Haul Sen'ices STATEMENT OF BIDDER'S FINANCIAL CONDITION This Bidder agrees to provide tbr an)' subsidiary and parent firm. and hereto attaches a current or the most recent audited financial Statement(s) including as n minimmn the fim~s opinions, notes, revenue:expense statements, conditions of cash. etc. The attached statement provided includes: Accounting Finn Name Address Financial Period Statement Date To The bidder certifies that he currently has an available line of credit in thc amount of $ . A supporting documentary evidence attached to this tbrm is supplied by: Name Address Date The undersigmed Bidder certifies to the validity of statement and agrees to furnish an5' other infommtion 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 I of 2 45 INFORMATION SCHEDULE E - (continued) The undersigned hereby authorizes and requests any person, firm or corporation to furnish any intbm~ation requested by Town of Southold. New York in verification of the finns financial condition. -~r,'~:~tv Tra~ ~ N~lme of Bidder Title t State of New York. Count3' of is 5.~,..~t,/' /'Fo...0. of Title being duly sworn deposes and saws that'l,~ Tr:^;I'/ Tr,,~ t ?,~r.l',d'; u'- Name of Organization and that the answers to the foregoing questions and all statement therein contained are tree and correct. Sworn to me this day of .20 O~- IVly Commission expires: JEANIE BORGESANO NOTARY PUBLiC State of New Yo~ No 49 8 46 Oualifieo m Sulfolk County NOTE: ( 1 ) (Bidder may submit additional intbm~ation desired its Schedule E attachments.) (2) If blank not applicable, fill in with N'A Bidder's Financial Condition BID (PROPOSAL) FORM Schedule 5.0. E Page 2 of 2 46 INFORMATION SCHEDULE F Town of Southold Bid Project Solid Waste Haul Services The Bidder herein certifies that it is qualified to perform the work covered bx' this proposal, and that it is not acting as a broker on the behalf of others. To substantiate these qualifications, the Bidder offers the following related intbrmation and references in order that the Town may evaluate the Bidder's qualifications and experience. I. Bidder's Legal Name: "T'm' 2. Business Address: _~, '4 Street City' State Zip 3. State incorporated: IO ~ Year incorp.: _ ~ B 4. New York State: Business License No.: 5. No. Years in contracting business under above name: 6. Has finn ever defaulted on a contract'? Yes No .,,,ears. 7. Gross Value - work under current contract: 8. Number of Current Contracts: Brief description general work performed by, finn: 10. Has Firm ever failed to complete work awarded? Yes If yes, attach supporting statement as to circumstances. No ~ Qualifications Summar3 BID (PROPOSALI FORM Schedule 5.0.F Page I of 3 47 INFORMATION SCHEDULE F - {continued) l 1. Related Experience Reference (within previous 5 years) I l. l Project Title: 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: Initial Bid Value: $ Final Complete Project Value: $ Brief Project Description: Qualifications Summary BID (PROPOSAL} FORM Schedule 5.0.F Page 2 of 3 48 I 1.3 Project Title: Owner's Name: Address: Engineer: Address: Project Initial Start Date: Project Acceptance Date: hfitial Bid Value: $ Final Complete Project Value: $ Brief Project Description: 12. Principal Firm Members' Background/Experience (3 members minimum). Attach current resumes as Schedule 5.0.F supplement or give concise description by individual. Name of J3~der: 7'~,'a~4 · (Authon'/'e"ed S igfiature I ' ' 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 applicable, fill in with N A. Qualifications Summary BID (PROPOSAL) FORM Schedule 5.0.F Page 3 of 3 49 INFORMATION SCHDULE G Town of Southold Bid Project Solid Waste Haul Services The Bidder hereby states that it proposes, if awarded an Agreement to use the following haul sub-contractors on this project. 3. 4. 5. 6. 8. 9. 10. NOTE: Sub-Contractor Contract Trade Individual Address Phone # Specialties ' ~ (Autl~orized Signature} If blank not applicable, fill in with N.'A Subcontractors BID (PROPOSAl3 FORM Schedule 5.0.G 5O INFORMATION SCHEDULE H Town of Southold Bid Project Solid Waste Haul Sen'ices The Bidder states that it owns the following pieces of equipment that are available for use on the project, if awarded the agreement. Equipment [tem Proposed Project Use Current Equipment Location Name)~Biddefi: ~r'; fi k~ ~'r<n ~ ?,~rar-~.;a4 F_ap?. NOTE: An.',' supplemental attachments or modifications to this 'tbnn shall bc labeled Schedule 5.0.H and shall be properly inte~ated into the Bid Form. If blank not applicable, fill in with N'A Construction Equipment BID (PROPOSAL) FORM Schedule 5.0.H 51 INFORMATION SCHEDULE I Town of Southold Bid Project Solid Waste Haul Sen'ices The Bidder hereby states that it will be prepared to haul up to the tbllowing Maximum Specified Yearly Capacities in tons of Town of Southold solid waste if awarded an agreement Contract Year Maximum Tons per Contract Year Name of B~ler: r,~'17,',~,'4- ¥ Maximum Specified Capacity BID (PROPOSAL) FORM Schedule 5.0.1 52 INFORMATION SCHEDULE J Town of Southold Bid Project Solid Waste Haul Sen'ices Are you willing to m.~eet with the Town of Southold to discuss .,,'our short and long term hauling capabilities? Yes '~ No The undersigned hereby certifies that services, material, equipment to be furnished as a result of this bid will be in accordance with Town of Southold specifications applying thereto unless exceptions are indicated above and an explanation attached. Signature Bidding Company Address &~*4 ~Jq&,~,* h~,k ~ ' City State · ' NAME AND TITLE 5 Zip Phone No. ( C.~,"3 'S,t'a. - CORPORATE SEAL 53 Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM Schedule 5.0.J Page 7 of 7 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 Owner in the sum of and truly be made, we hereby jointly and severally bind ourselves, our heirs, executors. administrators, successors and assigns. Signed this day of .20 as for the payment ofwhicb, will 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 a contract in writing, for the hauling of solid waste; 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 tbm~ off the Sample Operating Agreement attached bereto ~properly completed in accordance with said Bid) and shall furnish certificates of insurance and a bond for this faithful pertbnnance of said Agreement. and for the payment of all persons performing labor or furnishing materials m connection therewith, and shall in all other respects perlbrm the Agreement created by the acceptance of said Bid, then this obligation shall be void. otherwise the same shalI remain in tbrce and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereuuder shall, m no cxent, exceed the penal amount of this obligation as herein stated. The Surety. tbr value received, hereby stipulates and agrees that thc obligations of said Surety and its bond shall be in no way impaired or affected by any exteusion of the time within which the Owner ina.,,' accept such Bid: and said Surety does hereby waive notice of any such extension. Form of Bid Bond BID (PROPOSAL) FORM Schedule 5.0.K Page I o1'3 54 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seats. 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 .,,'ear first set tbrth above. (L.S.) Principal Surety By: Address of Surety: SEAL (ACKNOWLEDGEMENT BY CONTRACTOR, IF A CORPORATION) day of STATE OF: COUNTY: Onthis and sa.,,, that he resides in ) SSN: of the · 20__ belbre me personally came , to me known, who being dul3' sworn, did depose : that he is the corporation described in and which executed the tbregoing instrument: that he knows the seal or' 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. Notarx Public Form of Bid Bond BID (PROPOSAL) FORM Schedule 5.0.K Page 2 o f 3 55 (ACKNOWLEDGMENT BY CONTRACTOR, IF A PARTNERSHIP) STATE OF: COUNTY: SSN: On this day of ,20__ before me personally came · to me known, and known to me to be a member of the fim~ of , and known to me to be an individual described in, and who exe~:uted the foregoing instrument in the firm name of and he duly acknowledged to me that he executed the same for and itl the behalf of said firm for the uses and pu~oses mentioned therein. Notary Public (ACKNOWLEDGEMENT BY INDIVIDUAL CONTIL,kCTOR) STATE OF: ) COUNTY: ) SSN: On this day of ,20__ belbre me personally came · to me know, and known to be the person described in and who executed the i-bregoing 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 56 INFORMATION SCBEDULE 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, tbr the pa.,anent of which suni of money, well and truly to be made and done. the Principal binds himself, his heirs, executors, administrators and assigns and the Surety binds itselt: 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 da5' of ,20 __. with the Owner tbr the Town of Southold Solid Waste Haul-Disposal Sen,ices, 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 Priucipal. 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 pertbm~ed and all modifications, amendments, additions and alterations thereto that may hereafter be made, according to the true intent and meaning of said Agreement, and shall fully indemnify and save harmless the Owner from all cost and damage which it may suffer by reason of failure so to do. and shall fully reimburse and repay the Owner l;br all outlay and expensc which thc Owner may incur in making good any such default, and shall protect tbe said Owner against, and pa5' aoy 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 persou or corporation by reason of any damages arising or growing out of the doing of said work. or the repair of maintenaoce thereof, or the manner of doing the same, or the neglect of thc said Principal, or his rtheir, its) agents or servants or tbe improper performance of the said work by the said Principal. or bis (their, its} agents or servants, or the infringemeot of any patent or patent rights by reason of the use of any materials furnished or work done as atbresaid or otherwise. then this obligation shall be null and void, otherwise to remain in tull force and eflkect: Per~brmance Bond BID (PROPOSAL) FORM Schedule 5.0.L Page I of 2 57 PROVIDED HOWEVER. the Surety. for the value received, hereby stipulates and agrees, if requested to do so by the Owner, to full.,,' pertbrm and complete the work mentioned and described in said A~eement. pursuant to the terms, conditions, and covenants thereof, if lbr an5' cause the Principal tails or neglects to so fully perl-brm and complete such work and the Surety further a~ees 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 trbr the completion thereof: and further PROVIDED HOWEVER. the Surety. lbr value received, tbr itself, and its successors and assigns, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no may impaired or affected by an extension of time. modification, work to be pertbrmed thereunder, or by any' payment thereunder before the time required he,'ein, or by any waiver of any provisions thereof or by any assignment, subletting or other transfer o f any work to be pertbrmed 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 co assignees, subcontractors. and other transferees shall have the same effect as to said Surety as though done o,' omitted to be done by or in relation to said Principal. IN WITNESS WHEREOF. the Principal has hereunto sec 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) By: Attest: Principal Surety Add Corporate Seal By: Attest: Address of Surety: Performance Bond BID (PORPOSALI FORM Schedule 5.0.k Page 2 of 2 58 INFORMATION SCHEDULE M OPERATIONAL PLAN The Bidder hereby states that it proposes to implement the following operational plan to haul Municipal Solid Waste (MSW) from the Town of Southold Transfer Stationl if awarded an Agreement. I. Haul Summarize the manpower and equipment you will make available to perforn~ under this Agreement. Operational Plan BID (PROPOSAL) FORM Schedule 5.0.M Page I 5O APPENDIX A SAMPLE OPERATING AGREEMENT 6O 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 20 ., ("Bid") in response to the Town's Bid Solicitation for Solid Waste Hauling SelMces dated ,20__. ("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 perfom~ certain services in connection with the handling of solid waste, NOW, THEREFORE, it is mutually covenanted and agreed by and between the parties hereto as follows: I. DEFINITIONS - Terms defined in the Bid Solicitation shall have the same meaning as if defined herein. II. SCOPE OF SERVICES - The Contractor shall pertbnn the services in accordance with the description of those se~,ices as set forth in the Solicitation. III. TERM OF AGREEMENT The term of this A~eement shall be Four and One-Halfl4-1 2) years commencing on ,20 APPENDIX A-I 61 IV. PRICE SCHEDULE COMPENSATION The unit bid price schedule tbr the services to be fun~ished by Contractor is found in Section C 3.1, 3.2. Contractor's bid which is iucorporated into this Agreement, V. PAYMENTS A. The Contractor shall receive monthly payments tbr services performed during the prior calendar month. The Contractor shall submit a request tbr payment on a Town approx ed voucher form along with Contractor's invoice which shall include a daily summary of tonnage hauled by Contractor to the TOH RRF and disposed by Contractor at the TOH RRF 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 pa.xqnent owning to Contractor any sums expended by the Town to cure any default or other Agreement non-cnmpliance by Contractor or to protect the Town from loss on account of claims filed or reasonably anticipated to be filed. VI. CONTRACTOR'S WARRANTIES AND REPRESENTATIONS Coutractoi- makes the following warranties and representations: A. Contractor represents that the Towu has made no commitment under this Agreement with respect to the volume solid waste to be handled by Cont,'actor during the term of this Agreement. B. Contractor warrants that Contractor shall comply with all federal, state and local laws. ordinances regulations applicable to ail of the sen'ices to be performed Contractor. C. Contractor represents that the intbrmation furnished by Contractor in the equipment schedules iucluded in the bid is accurate and complete and Contractor acknowledges that Town has relied upon the accuracy and completeness of that inlbm~ation in the .,,election of Contractor as the lowest responsible bidder. D. The Contractor represents that Contractor shall utilize its best eftbrts to insure that Minority. and Women Owned Businesses ( MBE's and %'BE's) have the opportunity to participate as subcontractors under this Agreement. In the event the contractor subcontracts tweuty-five percent (25°o) or more of its work hereunder. Contractor shall submit to the Town an and a WBE Utilization Plau. prior to execution or'this Agreement. APPENDIX A-2 62 VII. INDEMNIFCATION INSURANCE BONDS A. Contractor agrees to defend, indemnify and save harmless the Town of Southold against any and all liability, loss, damage, detriment, suit. claim, demand, cost. charge, 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 temls of this Agreement, or failure to caw,.' out any of the provisions, duties, services or requirements of this Agreement. whether such losses and damages are suffered or sustained by the Town directly or by its employees, licensees, agents, engineers. citizens o[ by other persons or corporations, including an,,,' of Contractor's employees or agents who may seek to hold the Town liable therefore. This obligation shall be ongoing, shall survive the term of this Agreement and include, but not be limited to, claims concerning non-sudden environmental impairments. The Contractor shall join in the commencement of any action or proceeding or in the defense of any action or proceeding which in the opinion of the Town constitutes actual or threatened interference or interruption with the Town's rights hereunder, including all appeals which, in the opinion of the Town. may be necessary. B. Contractor shall procure and maintain the insurance described in Section A of the Solicitation Ilar a period commencing on the date of this Agreement and terminating no earlier than one year ~bllowing termination of services under this Agreement. All such insurance coverage shall name the Town as an additional insured and shall provide that thc coverage shall not be changed or canceled until thirty {30) days written notice has been given to thc Town. All such insurance shall be issued by a company duly authorized, to transact business in thc 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. APPENDIX A-3 63 C. Contractor shall, tbr the period of the perforn~ance of services hereunder, maintain a Pertbrmance Bond in the amount of one million ($1.000.000.00} dollars wherein named obligee is Town of Southold. The Bond shall be in a tbrm acceptable to the Town Attorney and issued by a surety licensed to do business in New York as a surer3'. VIII. FORCE MAJEURE If either part5' 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 TOH RRF 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 pertbnn any obligation hereunder (except for pa3znent 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 pertbnning an obligation or complying with any condition required of such party under the Agreement, the rune tbr fulfilling that obligation shall be extended day-by-day for the period of the uncontrollable circumstance: provided, however, that the contesting in good faith or the/hilure in good faith to contest such action or in action shall not be construed as willful or negligent action or a lack of reasonable diligence of either part3'. Subject to the Ibregoing, such acts or events shall include the following: ( 13 an act of God (but not including reasonable anticipated weather conditions for thc geographic area of the Town or TOH RRF) hurricane, landslide, lightning, earthquake, fu'e. explosion, flood, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrectiom riot or civil disturbance: (2) the thilure of any appropriatc federal, state, county, town or local public agency or private utility having Jurisdiction in the areas in which the Transfer Station or TOH RRF is located to provide and maintain utilities. sen'ices, water and sewer lines and power transmission lines which arc required for the operation or maintenance of thc Transfer Station or TOH RRF: APPENDIX A-4 64 {3) governmental pre-emption of materials or sen-ices in connection with a public emergency or an3' condemnation or other taking by eminent donrain of an.', portion of the transfer Station or TOH RRF: and (4) the presence of hazardous waste upon. beneath or migrating from the Transfer Station. It is specifically understood that none of the tbllowing 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 an.',' sub-contractor: (c) union work rules, requirements or demands which have the effect of increasing the number of employees employed otherwise increase the cost to the Contractor of operating its haul operation (d) equipment failure: (e) any impact of prevailing wage law, customs practices on the Contractor's costs: (1'} any act, event or circumstances occurring outside of the United States, or {g~) any change in law or in the permit conditions or status of the Transfer Station Disposal Site or the TOH RRF. IX. SUBONTRACTS Contractor shall not enter into any subcontracts in connection with the services to be perlbm~ed by Contrfictor hereunder withoul the prior written approval by thc to~n of such subcontracts. All such subcontracts shall make express reference to the temps and conditions of this a~eement and shall obligate the subcontractor to comply with all applicable federal, state and local laws, ordinances or regulations relating to the sen'ices to be performed under the subcontract. In the event the subcontractor is required to furnish any insurance or bonds for thc 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 Labor Law relating to the payment of prevailing wage rates to the extent applicable, or thc applicable State Law in the state of disposal. In the event that at any time during perlbnnance under this Agreement the Contractor is required to increase the wages paid to an.', of its employees as a result of such requi,-ement, all costs be borne exclusively by Contractor. APPENDIX A-5 65 XI. FORCED ACCOUNTING In the event the Town directs the Contractor, by written authorization sigmed either by the Town Superx isor or Town's Solid Waste Coordinator, to pertbm~ additional sen'ices beyond the scope of those described in this A~eement, the Contractor shall be compensated tbr such additional sel-,'ices on the following basis: TOTAL COMPENSATION FOR ADDITIONAL SERVICES - DIRECT LABOR COST + DIRECT MATERIAL COST 4- OVERHEADO * 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 pertbrmed within the scope off the Agreement. B. DIRECT MATERIAL COST shall be those costs actually paid by Contractor for materials utilized by Contractor in performance of the additional sen'ices. The costs trbr such materials shall not include sales tax lbr 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 York State Tax Law, under Section I 115 of the New York State Tax Law. C. OVERHEAD shall be 10g0 of the total of the Direct Labor Costs and tbe Direct Material Costs. D. PROFITS 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 tails co' perlbnn its obligations under the Agreement, the Town may terminate the Agreement, procure the sen'ices from other sources and hold the Contractor responsible lbr any costs incurred. This Town also may deduct such costs from APPENDIX A-6 66 payments owing to the Contractor andor draw upon the Pertbnnance Bond as thll or partial reimbursement for such excess costs. The Town reserves the right to terminate the Agn'eement tbr just cause. XIV. SERVICE AGREEMENT The Contractor shall be obligated to provide the Town with hauling services to the TOH RRF only. Under the agreement the Contractor shall not be responsible for providing. and is not obligated or authorized to provide, a disposal site for MSW. Under the agreement, the Contractor shall not be obligated or authorized to deliver TOS MSW to an5' disposal site other than the TOIl RRF. This agreement does not limit or restrict the ability of the Contractor and TOS to enter into a separate agreement(s) to arrange for an alternate disposal site(s) for TOS MSW in the event an emergency or other condition causes the TOH RRF to be temporarily unable to accept TOS MSW. XV. LIMITATION OF FUNDS The Contractor agrees that this Agreement shall be deemed executory only to the extant of the funds currently available tbr the purposes of this Agreement and that the Town incurs no liability beyond those available by authorization of the Town Board as of the date of this Agreement. XVI. DISPLITES 'ARBITRATION Any disputes between the parties to this Agreement may be referred to arbitration by mutual agn'eement of the parties. Absent such an agreement, any actions or claims by either party hereto shall be commenced in Supreme Court, Suffolk County, New York. In the event the parties agree to arbitrate a dispute, such arbitration shall be conducted in accordance with the rules of the American-Arbitration Association. In no event shall an.',' demand tbr 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 bc fi,mi aud Judgment ina.,,' be entered upon it in accordance with applicable la,.*,' in an.~ court having jurisdiction thereoI: APPENDIX A-7 67 XVII. MISCELLANEOUS A. This Abq-eement shall be governed by the laws of the State of New York. B. Contractor shall not assign, convey or otherwise transfer its rights or obligations under this Agreement without the prior written consent of the Tow n. C. This A~eement, 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 ag;eement between the Town and Contractor relating to the Serx ices to be performed hereunder. This Agreement may be modified only' by written agq'eement uf Contractor and' the Town. D. To the extent of any inconsistency among the documents constituting the agreement of the parties, the priority among those documents shall be: This Agreement; Exhibits hereto: The Solicitation including Appendices: Contractor's Bid. E. Without limiting any other right and/or remedy which the Town ma5' have at law or under this Agreement. if the Contractor is adjudged bankrupt or makes an assignment tbr the benefit of creditors or s receiver is appointed tbr the Contractor or an5' insolvency arrangement proceedings are instituted by or against the Contracto,'. tile Town ma5 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 held themselx es out nor claim to be an officer or employee of the Town of Soutbold nor make claim to an5 right accruing thereto including, but not limited to. Worker's Compensation. Unemployment Benefits, Social Security or retirement n~embership or credit. G. If any provision of this Agreement shall for any reason hc held tu be invalid or unenforceable, the invalidity or unenl'brceability of such provision shall nnt affect any of the remaining provisions of this Agreement and this Agreement shall be cntbrccd as if such invalid and unenforceable provision had not been contained hereto. APPENDIX A-8 68 H. Contractor a~ees that it shall not discriminate and that it shall cause there to be no discrimination against any employee who is employee 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 taws of the United States or of the State of New York. These requirements shall include, but not be limited to. the following: employment: up~ading, demotion or transfer: recruitment or recruitment advertising: layoff or termination: rates of pay or other tbrms of compensation: and selection tbr 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 cop>' to: Solid Waste Coordinator Town of Southold 53095 Main Road Southold, Nh' I 1971 If to the Contractor: IN WITNESS WHEREOF. the parties hereto have executed this Agreement on thc day and year first above written. TOWN OF SOUTHOLD By: Joshua Y. Horton. Supervisor APPENDIX A-9 69 APPENDIX B NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PERMIT 70 APPENDIX C Town of Southold Accident Report 73 A~OR~ CERTIFICATE OF LIABILITY INSURANC .E~.~°~'_~ ~ 03/°7/°2 . THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION STeINbERG AGENCY , I.~C . 247 M~-RICK ROAD ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Trinity Transpor=a=ion Cor~.. 214 Blyderd=urgh Rd CennraI Islip NY 11722 COVERAGES A .~ C~MME~C:aL :~I~AL L;AalLI~' U~A~I~D 10/30/01 10/30/02 £==~ --cu?~?~3E ~ 1000000 A~B5273291 ' 10/30/01 04/07/02 X ~7%'=-::~ s 10000 P-~lqC ~ 549'- 1000C0C0 10000000 500000 500000 500000 * AC'Om. VEHICLE SCHEDULE I p. OO,.,CER ,'""L,CA.T ~'NO.' ' {Fi?~e~} Trinity Transpor=acion Bender Ins. A~, Inc. BR~i Woo~u~ ~Ci 1L7~7 i 10/30/00 10,/30,'01 ~ ~GENCV CUS~O~E~ '~ CSR J$ 08/07/0% VEHICLE DESCRIPTION 001 1979 MODEL: 1~ ' V.LN.= R686S30778~:~m~:~4:~X COST .EW 49500 CffY, ETATE. ZIP ISLANDIA ATY 075 36499 & LABOR FT VEH# [ YEaR rMAKE: ~ACK T%'PE: TP. ACTOR 002 t 19 1 MODEL: 10-~R ' V.LN.: 1M2BZ56C~A002612 SIC FACTOR SEAT CP' RADIUS X COLL S ~137 s 3000 3000 COLL 6 $ 80000 CFI'Y, STATE, ZIP I SLARDIA DRIVE TO WORWSCHOOL USE dNDER 15 MILES PLEASURE ' 003 ' 1995, MODEL: TERR GVWIGCW C L.a~ E SIC FACTOR SEAT CP RADIUS FARTHEST TERM 075 , 36499 RETAIL ! X LIAB ~XMEDPAY : &~BOR , ! ~ ~ COMP ~ ~ ~ STAMT S 3000 · ~.~: T~ILER ~ '~0~ SY~AGE COST "~ ) VJ.N.: 4 ,S ~0000 i CITY, STATE, ZIP ISLA~DIA NY WHERE GARAGED DRIVETO WORK/ECHOOL USE TERR GVW/GCW C[J~SE SIC FACTOR SEAT CP RADIUS FARTHEST TERM 075 68499 TYPE. TP~ACTOR ~ 27 EYMIAGE COST NEW · 004 1994 MODEL. CL MACK 005 1994 MODEL: C~ TERR GV"NrGCW CLASS SiC FACTCR SE~T CP RAOIUE FARTHEST TERM 07.5 120000 36499 006 1994 MODEL. CL 1994 MODEL. CT. ::TY. STATE, ZIp ISLA~DIA NY ACORD 129 (3FJ3)a TYPE· T.~ACTOR v.I ~.: 1 M2 A~33~, v X RWD~_/~$ 7 ~ 075 120000 36499 v.~.w. ~lF~TY3~R~0_02~79 4 s 80000 120000 36499 TERR 075 ~ ~j SYNgAGE COST NEW 4 s 80000 i VEHICLE DESCRIPTION'(~n't.) 008 1993 MODEL: CL BODY ', WHERE GARAGED 009:1993 MODEL: CT. 36499 ';~PE: TP~ACTOR 4ir V.LN.: 1M2AD27Y6PW001060 5 $ 80000 yEAR MAKE: ~ACK 010 11994 MODEL: CL ~C~TY. STATE. ZP ISLANDIA NY ' 011 11994 MODEL; CL TERR ' 075 X COMM'L ' COVERAGES X I RETAIL X LIAB I X 120000 i 36499 BODY ~,E: TRACTOR 15 ~ SYI%VAGE COST NESN V.~.N.: 1H2AD3?YSRW001876 4 : 80000 i TERR GV~VIGCW C L.A.S~ SIC FACTOR SEAT CP RADIUS FARTHEST TERM : 075 120000 36499 CHECK X COMM'L COVERAGES~ X ADD'LPfP X I UNDRINS , DEDUCTIBLES ' SPEC I RETAIL ~X LIAB MEDPAY &LABOR : FT '~X COMP -- AA STAMT $3000 m MOTO~ COFL I FTW X COLL $ ~35 53000 COLL ~.E: TRACTOR ~ 2~ SV~AaE COST Nm . VJ.N.: 1H2AD37Y3RW001509 4 s 80000 075 MAKE: HACK 012 ' 1994 MODEL: CL ' 075 · CHECK TERR 075 VEH~ YEAR MAKE: G%qN/GCW CLASS SiC FACTOR SEAT CP RADIUS FARTHEST TERM i ' 36499 ~,E: TP. ACTOR ~ ~ S¥ R,~AGE COST NEW VJ.N.: 1M2A/D37Y9RW001398 4 S 80000 OV'~IOCW CLA~S $1C FACTOR SEAT CP RADIUS FARTHEST TERM ' 36499 .%CORD 129 (3~3)a 68499 A'/TACH TO BUSINESS AUTO SECTION VEHICLE DESCRIPTION (~n't.} ~AKE: SUM~41T W.E TP. AILER ~4OV~ cost N~w 016 1994 ~OO~ V.[.N.: 1S8~3928R0008368 4 ~ 50600 CI~. STATE, Z~P IS~IA .... LJNINS -- SPEC .... 15MILE$OROYER ~ARM SER',ICE X pip X MOTOR COFL FT%% X COLL $ ~37 53000 COL[ ~ODY ~ SY~AGe COST N~ MODEL: D~ V.I.N.: [~267Y~0~0850 4 S 80000 WHERE GARAGED ; 075 120000 ! 36499 019 ' 1995 MODEL: W~X~G m vJ.~.: 1EIU1X289SRG17623 3 ; s 50000 020 , [995 MODEL: W~G v.I.N.: lElUlX285SRG176~L O75 68499 VEH~ Y~R MAKE: EAST , O75 68~9 ACORD 129 (3~33)a A'/WACH TO BUSINESS AUTO SECT;ON ~ %'EHIC~E DESCRIPTION (con't.) I VEH · YEAR ~E: EAST ~24 1995 uoosL: WAL~ING BODY VJ.N.: 1EiUIX289SRG17640 I 3 s 50000 025 '1995 ~DSL: WA~LKING 0?5 68499 ~.5: TRAILER ~ J O9 COST NEW V.L~.: 1E1UiX280SRg17841 3 S 50000 026 .1995 MODEL: WALKING 075 68499 075 ' 68499 CHECK UNCRINS j 027 11987 ~OOSL: RE 'V.I.N.: 1WAUDCVGX/~U304_~46 rSR. Ovw,ocw CLASS CITY. STATE. ZIP ISLANDIA ~ ] WHERE G~GED 075 : ' 33499 ~COMP ~-- ST A~4T $3000 X COLL $ #!07T s3000 COLL ~.~ SYM/AO E COST NEVi/ 6 s 80000 sm ~c~o~ s~ c...AD,US VEH. YEaR MA~S: EAST T~.e TRAILER ~ jj~' SY~AGE COSTNEW r 028 1995 MODEL: W~KI~ VLN: 1ElU!X28~ 3 S 50~___ WH~i~S OA~.~GSD I SLANDIA NY 075 68499 ~'~NNN ACORD 129 (3~3)a ATTACH TO BUSINESS AUTO SECT[ON VEHICLE DESCRIPTION (con't.) 032 1995MODEL: T~-I~T-~ K T ~TG I BODY ::~ I -'~'* SYM/AGE COSTNEW TYPE: TRAILER V.I.N.: 1E1UIX283 SRG17648 3 $ 50000 TERR GVWIGCW EIC FACTOR SEAT CP R~DIUS FARTHEST TERM TERR DRIVE TO WORK, SCHOOL USE X COMM'L ~ COVERAGES ~ UNDER 15 MILES ~LF~,SURE RETAIL · X LIAB 034 ' 1995 MODEL: WALKING , 68499 MOTOR COFL ' F"~V X CO~L $ ffl2?T S3000 COLt 1~.E: TRAILER ~ I ~_~ COSTNEW , v.].N.; 1ElUlX281SRG17680 3 ~ 50000 ClT~.STATE, ZIP ISLANDIA NY WHERE GARAGED TERR 075 CHECK DRIVE TO WORKJSCHOOL USE X COMM'L ~ERAGES X 15M[LESORO'vER ~ F~,RM SER¥1CE I x lpip . X 035! 1995 MODEL: WALKING i 68699 I i m MOTOR ~ F LSP X AC'/ X i COMP__ C OF L ACD'L PIP ~ UNDRINS -- --DEDUCTIBLES SPEC BODY ~.E: TRAILER ~& }2~ SYBASE COSTN~ ' vJ.~.: 1EIIIlX283 ERG1765! 3 s 50000 crrY, ETATE, ZJP ISLANDIA N~ WHERE GARAGED DRIVE TO WORKJECHOOL ' USE 036:1995 MODEL: WALKING DRIVE TO WORK/SCHOOL USE 075 I 68499 075 68499 SiC FACTOR SEAT CP RADIUS FARTHEST TERM DEDUCTIBLES SPEC X AC'/ X COMP'~ C OF L AA STAMT 59000 0?5 0'5 ~ 2CMLIL CO~VERAGES .'~ 68499 ~ ,,,~ S¥~<ADE COST TERR t TBRR GVW,rG C W CLASS SiC FACTOR SEAT CP RAOIUS FARTHEST TERM '~ [~I SYM~A~E COST .EW ACORD 129 (3/cJ3)a ATTACH TO BUSINESS AUTO SECTtON s 4%12 9T s3000 COLL SY M/AGE COST NEW 3 s 50000 FACTOR SEAT CP ~.ADiU S FARTHEST TERM VEHICLE DESCRIPTION (con'h) I ........ __ TYPE: TRACTOR 040 1993 ~ODEL: CH V.I.N.: lM2A~,13Y4PW026354 5 $ 47000 WHERE GARAGED BODY ~"'7 EY ~'~AO E COST NEW VEH # YEAR MA~e. MACK TYPE: TI~ACTOR ~- 041 [1994'MODEU: CE V.I.N.: lM[A.m.13YIRW038369 4 S 68500 WHERE GARAGED 10'75 36499 VEH ~ YEAR M~KE: I~AC~ TYPE: TRACTOR ~' 042 11994 MODE[.: CH V.kN.: lMIAA13Y4RW039810 4 s 68500 WHERE GARAGED 075 ' 36499 ' BODY V~H ~ , YEAE , MAKe: HACK T~.E: TRACTOR ~ ~CI s¥~Aa~ coST NEW 04~ ' 1994, MODEL; CL V.I.N.: 1Ml~tD37YgRW001891 4 ' $ 68500 CITY, STATE. ZIP ISLA/~DIA ~'£ ' ; WHEREG~GED 075 ~ 3649~ ' v~.~ Y~ ~: ~CK ~"~: T~CTOR ~ ~] S~GE COSTN~W 044 ' 1994 MODEL: ~ TERR TERR VJ.N.: ;12~~ ~ S 68500 36499 .... COFu ~ j~j S~AC, E CaST ~Ew V.I.N.: ~~023--- __ 4 ~50000 VVHE~E GA~GED ISLA~-DIA -~ITY. STATE. ZJP ISLA~DIA ~__ s #27 fl,~ S~nno COLL ~ 50000 - ACORD 129 (3/~3)a A~-i'ACH TO E~USINESS AUTO EECTtON ~',/EHICL~ DESCRIPTION (con't) BODY vE,, Y~..*KB. SAS= ~,E: T~.~nE~ ~ Ig$ sY,~*~E 048 199~, MODEL: WALKING V.I.N.: 1EIUIY285SRF17056 4 $ ' 1 50000 CITY. STATE. ZIP ISLANDIA NY 049 1994 ~ ~ S 50600 V.I.N.: 1S8~tD3921R00082%~ ~'~ ~o=y~ F~,~ x CCL--~0T s3000 COL~ WHERE GARAGED 0'75 = 68~99 CHECK UNORINS DEDUCTIBLES VEH ~ YEAR MAKE: SUMMIT , 'r'mB: TRAILER =h~ J 7~ SYM~AGB COS7 N.~N 0__~'1 ; 199~ MODEL: WAL.T~II~TG . v*u~.: 1SSAL&521R0q08260 % s 50600 WHB~BGARAGED ' 0?5 I I 684~9 'r~E: TRAILER ~ I ~ EY/'~AGE COST NEW 075 ' 6~ TYPE: T~AC"TO~. .~ ~ ~Y~AG~ COST N~ 075 36499 . CHECK i · DRIVE TO WORK, SCHOOL USE X COMM'L COVERAGES X i MAKE: SUMMIT ' 052 199% MOBEL: WALKING 1994 ~V~ODeL: CH C.,T~.STATE. Z~. ISLANDiA NY WHEkE GA~:GED ISLAND!A NY DRIVE TO WORKJSCHOOL USE TERR CHBC~ O 7 ~ ACORD 129 (3/931a A"~'ACH TO BUSINESS AUTO SECTION iVEHICL~= DESCRIPTION (con't.) ~' 056 '1995 ~ODEL. WALKING W.N.: 1E1UlX282SRG17639 3 $ 60000 WHERE GARAGED ~"~ .' 5 69499 ~'~PE: TRACTOR ~ ~ S¥~/'/AGE COST NEW ' VJ.N.: 1M~A14YISW049565 3 $ 80000 057 1995 ~ODEL: CH ICrrtSTA?E.Z~P ISLA/~DIA NY DRIVE TO WORK, SCHOOL LSE ~ COMM'L FORD 058 1985 MODEL F-700 075 36499 X LIAB X~_ MEOPAY I : &LAigOR FT X COMP A~ STAMT $3000 'Pr.E: P/U TRUCK ~ ]~ SyIWA~E COSTNEW ] i UhDEalSMILES-- PLEASURE -- RETAIL VEH~t I YF'~'R IM'~KE: HACK 059 ' 1995 MODEL: CH T~[RR GV~VlGCW CLA~ SIC FACTOR SE~T CP RADIUS FARTHEST TEFU~4 075 10000 I 03499 ''rYPs: TRACTOR ~* ~ 7 SYM/AGE COST NE3N I V.[.N.: 1M2AA14Y5SW049567 3 s 70000 TERR I G~IGCW C~ SiC FACTOR S~T CP ~OlUS FARTHEST TERM m 075 36499 ~E: T~CTOR ~ ~ SY~AGE COST N~ CFTY, STATF_ZIP ISLA/TDIA NY 060 1995 MODEL: WHE~EGA~=.~GED ISLA/~DIA NY DRIVE TO WORKYSCHCOL USE BO[;Y ACORD 129 (3/cJ3)a ATTACH TO BUSINESS AUTO SECTION CIIW, STA'r E. ZIP I S LAATD IA WHERE GARAGED VEH= , YF_~R MAKE: SPECTEC 065 1995 MODEL: AWO4596100 'i~pE: TP. AILER V.i.N.: I$9WA4523SS188200 3 S 49371 MOTOR I CO;L ~T~¥ X cou: s ~209T s3000 COL: VI.N.: 189WA4525SS188201 3 $ 49371 VEH · YEAR MAKE: SP~CTEC 066:1995 MOOEU: AWO4596100 TERR GV, NIGCW CLA~ SIC FACTOR SEAT CP RADIUS FARTHEST TERM 075 80000 68499 X ~'P X MOTOR OOFL F'r.¥ X COL; $ #215T S3000 COL~ DRIVE TO WOR~SCHOOL USE X COMM'L r ~ UNDEP 15 MILES I PLEASURE RETAIL 067 i1995 MODEL: AWO4596100 i DR~VE TO WORF~,SCHOOL USE X CO~I'IM'L VEH~ i ¥~R ~AKE: SPECTEC 068:1995 MOOEL: AWO4596100 '_069 1995 MODEL A~/O4596100 CITY. STATE, ZIP ISLANDIA NY TERR I GVW/GCW ICLA~S SIC FACTOR SEAT CP RADIUS FARTHEST TERM : 075 80000 68499 X~ MAS I X MEDPAY I I &LJ%EOR F ~ CO)JR ~ -- ST~%MT $3000 -- UNINS ~ EPEC ~,~: TRAILER V.I.N.: !S9WA4520SS188204 3 s 49371 075 ' 80000 , 68499 ~ TOWING , UNINS ~ SPEC [~ TERR O75 ,?,H EC K TERR , WHERE GARAGED I S~IA NY 071 1995 MODEL~ :rn'.ST.~TS. Zm ISLA~DIA NY 80000 68~9~ UOT:R CO~: ~.'.' ,~ eSL- S ~22!T ~3000 Cell ~ooY SY~,~CE COST ~EW v.m ~.. !S9WA4526SSi~ 8~06 3 S 49371 80000 68~9 07g Rnno.o fi8409 ACORD 129 (3/~3)a ATTACH TO BUSINESS AUTO SECT[ON VEHICle DESCRIPTION (con t. TVPE: TP~AILER VJN,: 158~.D3434T0009072 2 S 45500 DRIVE TO '/YCR~SCHCCL rDsE VEH~ I YEAR MAKE: SUMMIT 081 1996' MODEL: D~T~ 0'75 63499 V.I.N.: 158AD3436T0009073 2 s 45500 COLt VEH# YEAR i MAKE: SUMMIT 082:1996 MODEL: WALKING TERR G~/GCW 075 : 68499 ~'PE: TP. AILER V.I.N.: 1S8AD3438T0009074 2 SPEC X COMP C OF L s3000 83000 COLL 45500 · VEH# i YEAR, ~AKE: SU~MIT L083 11995' MODEL: WALKING 075 I 68499 I COVERAOES.~_~ ADO'LPIP X I MOTOR L~ F ~- UNINS ~ SPED ~ X ~eE: TRAILER ' V.LN.: 08392 SYbt~AG E COST NEW k 3 E 49500 TERR I C~Y. STATE. ZIP ISLA/TDIA FE i WHERE GARAOED I 07_~ CHECK VEH~ I YEAR MAKE: SPECTEC 084 1995 MOOEL: 80000 I 68499 FARTHESTTERM s3000 S3000 COLL BODY TYPE: TRAILER ~ 27 SYiCdAOE COST N~ , V.LN.: 1S9DS323XSS188271 3 S 38731 .... TOWIhG SIC FACTOR SF_AT CP RADIUS FARTHEST TERM PIC.~ -t)P s~E ;RIVE TO WORI(~SCHOOL USE V.LN.: 1F~4N-v'RADa40325 6 s 15000 _ 0'75 01499 'tYPE: TI~,TT.~= ~e [~-7 SyMIAGE COST NEW ACORD 129 (3/'J3)a ATTACH TO BUSINESS AUTO SECTION VEHICL~ DESCRIPTION (con'h) T~pE; T2AILER V.LN.: 1S8A.L4526S0008936 072 1995 MOOEL. WALKING SYM/AG E COST NEW 3 S 49500 TERR ClTYr STATE. ZiP I SLA.N~ IA NY 0?3 1995 MODEL. WALKING GVWlGCW CLA~S .90 ~0 6-~499 S[C FACTOR SEAT CP RADIUS FARTHEST TERN BODY SyM/AGE T'~.E: TP~AILER 1~ ~-~)7 COST N~W VJ.N.: 1S8AL4524S0008935 3 $ 49500 TERR ' 075 CHECK 074:1995 MODEL: WALKING 80000 68499 SPEC AA ST~MT $3000 s ~207T $3000 CO~.L , VJ.N.: 1S8AL4523S0008718 3 $ 49500 CITY, STATE, ZIP ISLA~DIA NY WHERE GARAGED TERR 075 CHECK ORIVETOWORKJSCHOOL USE X COM~4'L ~ERAGE$__X SPECTEC 075 ! 1995 ~ODEL: WA.L]~ING OwvIGcw CLASS SIC FACTOR $~AT CP RADIUS FARTHEST TERM i I 68499 UNDRIN$ DEDUCTIBLES ~}EFCL *~PE: TP~AILER k% ~_~ SYM~A~E cos* NEW V.LN.: 1S19DS3239S$188214 3 s 49500 crFY, STATE. ZIP ISLA/~DIA NY WHERE GARAGED TERR · G V~'/G CW CLASS SIC FACTOR SEAT CP P~ADIUS FARTHEST TERM 075 68499 T'~'E: TRAILER :g% "~) SYNVAGE COST NEW 077 ~ MODEL: __ -~ V.LN.: 1SgDS2831RS188101 % S~ ' 075 68499 I ~D G~'~DII<20 27-~1 '~ .-,~ V.I.N.: 63~99 ~HE~EG~GED ISLA/~DIA NY 075 CHECK DRIVETO WORK, SCHOOL__USE ~ C~Mk~L __COVERAGES X 45500 ACORO 129 (3f93)a ATTACH TO BUSINESS AUTO SECT[ON ," VEHIC,~E DESCRIPTION (con'h) ~' 088 '198g~L; ~EMI GY 'V.LN.: 1HgDGG391K1022017 [ ' $ 36000 ,DRIVETOWORK. SCHOCL USE CCMM~ ~b~0ES_~CC'~PrP__ X MOTOR ~ ~SP ~C. X COMP 089 '199&'MOOEL: SEMI BODY ) ~)--~* SYM/AGE COST NE/,/ ~'~Ps; TRAILER ~ V.LN.: lEiUIX282P.P-K154 ? 9 $ 50600 TERR I GVINtGCW CL4.SS SIC FACTOR SF--~T CPI[~DlUS FARTHEST TERM WHERS GARAG ED 0 7 5 6 8 4 9 9 .... UN[NS [ SPEC -- ~ ~ VEH~ , ~ ~. A~OC~ ~E: T~CTOR __~ 090 11987' MODEL: ; v.m.~.:1WA~Gl~3043~7 s 65000 crrY. STAT~ZlP ISLARDIA NY WHERE GAte'AG E O 1986 MOOEL: T~,jk'rL'm~. v,~.N.: ~'~:l.~'2T28_3(;AK0680~. ~-"O[~ S 40000 15 MILES OR OVER ~AR~,I SERVZC~ X ~lP X) MOTOR COF [_ ~ X COL1- S ~ ~ I S3000 cocm. CITY, STATE. Z]P TERR , G'¢~/G CW CLASS SIC FACTOR SF~.~T CP RAOIUS FARTHEST TERM ...... UNINS -- SPEC -- PARTHEST TERM COST NEW TOWING iITY, STATE, ZIP .~VHERE GARAGED ACORD 129 (3/93)a ATTACH TO BUSINESS AUTO SECT[ON AC;ORD. VEHICLE SCHEDULE PRODUCER PHONE APPLICANT ~C. No, Extl: 516-799-8222 Trinity Transportation Corp. Bender Ins. Ag~, Inc. BR#i Woodbu-~./ --z 11797 -- DA~E iMI~ DD.~'Y} cs~ ~s ~s/~e[ VEHICLE DESCRIPTION CITY, STATE, ZIP WHERE GARAGED TERR GVWIGCW CHECK ~MAKE: Trinity ol :2oo~ ~~ MODEL: CLASS SIC FACTOR EE~,T CP FiADIU5 FARTMEST TERM uNDRINS _ DEDUCTIBLES SPEC BODY T',,E: i:qEN'rR, L. ~ , V.LN.: 1TgSC42282B656034 COST NEW s 68499 ""-"---- TERR GVW/GCW CEASE SIC FACTOR SEAT CP RADIUS FARTHEST TERM C*,,.,,.,,'L UCT'"LES x .,c'. x co,.,,, ~% R~-,~,: x ~~~ ~ 'x co~~ ~3,ooo CITY. STATE. WHERE GARAGED IDRIVE TO WORI<.'SCHOOL U~E ' VEH ~ y~.AR MAKE. MODEL. TERR G~NIGCW CLASS SIC FACTOR SEAT CP RADIUS FARTHEST TERM CHECK uNDRINS _ DEDUCTIBLES SPEJ- ' CITY. STATE, ZIP , WHERE GARAGED CHECK ACORD 129 (3~J31a .% ACORD C TRINITY TRANSPORTATION CORPORATION 2 ! 4 BL YDENB URGH ROAD ISL4NDL4. NY ]! 749 (63l) 342-96-3 FAX(631i 342-96-6 Resume: Martin Doyle Work experience in the solid waste industO' 23 years. From 19~--1982 worked/br Donno Sanitation b?c. as a route supervixor. From 1982-1995 worked?i: BFI bzc. as a tran.5/'er station manager and hauling £ooFdii'lalor. From 1995-2002 ami still currentO' employed by D'iniO. D'ansportation Corp. as the manager qflHillside Compost Corp., a yard waste and composting./bciliO' located in D'emont PA which is wholl), owned hy D'iniO. D'ansportation Corp TRINITY TRANSPORTATION CORP. 214. BLYDENBURGH ROAD CENTRAL ISLIP, NY I 17 Z Z Tel. (516) 34.Zo9673 Fax (516) 34.2-9676 TRINITY TRANSPORTATION CORP. RESUME OF PROJECTS 2002 TOWN OF BROOKHAVEN, LONG ISLAND, NEW YORK Complete opemoon of MSW transfer station facility,. Our responsibilities include acceptance of material from collection vehicles, all loading and transfer operations as ~vell as hauling over 700 tons of MSW per da). All manpower and equipment is provided exclusively by Trinit3' Transportation Corp.. Equipment Provided: 18: one hundred cubic )ard walking floor trailers. 7: on-road tractors, 1: Caterpillar 325L Grapple Loader. 1: Caterpillar 970 Payloader. 1: Komatsu 420 Payloader, 2: sx`.4tch tractors. Start Date: April 1. 1996 Status: Under contract until FebruaD. 2000 `.vith 2 additional I )'ear options for extension. Extensions have been exercised through February 2002. Contact. Mr. Paul Roth. Commissioner of Sanitation Mr, Don Knobs. Assistant Depot) Commissioner of Sanitation TOWN OF EAST HAMPTON, LONG ISLAND, NEW YORK _Haulinq and Disposal or 40 to 100 tons per da',' of MSW. Trini~' provides staged trailers at East Hampton's Facility xx hich arc pre-loaded Trinity Transportation provides long haul and disposal of material. Equipment Provided: 10: one hundred cubic yard walking floor trailers Start Date: 1994 Status. Our operations ended April I. 1997. Services resumed 1998 to 1999 An extension through to 2001, was Town Board approved. Re-bid. March 2001. axx ardcd to Trinity Transportation. Extension requested to 2003. Contact: Dave Paolelli. Conunissioner of Sanitation TOWN OF SMITHTOWN, LONG ISLAND. NEY~ YORK Transportation of Ash from incinerator operations. Hauling of ash residue from the Smithtov,~/I-Iuntington Incinerator to the Babylon Landfill. Equipment Provided: 2: ten wheel dump trucks and 2: tractors with dump trailers. Status: Operation since 1995 to November I999. Contact: John Zollo, Town Attorney TOWN OF SMITHTOWN, LONG ISLAND, NEW YORK Transportatton and disposal of Yard Waste through an IMA with the To~n of Babylon. Providing 100 cubic yard walking floor trailers with transportation and disposal of bagged yard waste. Approximately 250 tons per day. Equipment Provided: Approximately 10 tractor trailer loads per day. Status.2 Operation currently in progress since January 1997. Contact: John TrenL Tmvn of Smithtown Engineering Dept. TOWN OF RIVERHEAD, LONG ISLAND, NEW YORK Hauling and disposal of MSW and co-mingled recvclables as sub-contractor to East End Recycling Corp. Trinity provided one hundred cubic yard walking floor trailers and tractors for the hauling and disposal of MSW. [n addition. Trinit) arranged for the transportation of rec?clables for separation and marketing Equipment Provided: 2 - 5 one hundred cubic yard walking floor trailers, Status' Operation completed in 1996. Contact: John Reeves, Commissioner of Sanitation TOWN OF SOUTHOLD, LONG ISLAND, NEW YORK Transportation and disposal of MSW and C&D materials. Trinit3 Transportation proyides 100 cu. 3d. walking floor trailers for the hauling and disposal of all Town generated MSW and C&D materials, TOWN OF SOUTHOLI), cont'd Equipment provided: 100 cu. yd trailers and transportation adequate to handle volume generated. Status: Started May 1997 to present Contact: Mr. James Bunchuck. Landfill Supervisor OMNI OF WESTBURY (as subcontractor to TOWN OF HEMPSTEAD, LONG ISLAND) Trinitx Transportation provides long haul and disposal services to the prime contractor, Omni of Westbut3'. Materials hauled include: yard wastes, and varians recyclables. Equipment provided; 100 cu. yd. trailers and tractors as needed. Status~ providing sub-contracting services since 1995 to present, as needed and if requested. Contact~ Mr. Anthony Core. President. Omni of WestbuD' OMNI OF BABYLON, LONG ISLAND, NY Transfer station. N°(S, DEC licensed. Tnnity Transportation provides long haul and disposal services for ALL facility commodities: MSW. mixed recyclables. C&D debris. ~,ard x~asles and concrete/aggregates. Equipment: 100 cu. yd. walking floor trailers, flat bed and van trailer service for baled materials. and dump trailers. _Status: Since 1995 to present Contact. Mr. Brad Meyers. Facilil). Manager TOWN OF HEMPSTEAD, NEW YORK Transfer of ash residue from Hempstead Facitit)_. (Ref-Foel) to Brookhaven Landfill. as interim operator ADproximately 30 loads per da.,,'. 1500 tons per da3. Equipment~ Tractors and dump trailers Status: Ma)' 2001 to September 2001 (Emergent' services performed for xcndor defaulD Contact: Mr. John Pinto. Deput~' Commissioner TOWN OF HEMPSTEAD, NEW YORK Transfer of MSW material from Hcmpstcad's Merrick Transfer facilin, to Hempstcad's. Rcf-Fucl facilit)_. Approximatel3 15 - 20 loads per day. _Equipment: 100 )ard walking floor trailers and tractors Status: May 2001 to Present. (emergent' sen'ices provided for vendor default). Contact: Mr John Pinto. Depu~' Commissioner TRINITY TRANSPORTATION CORP. 214- BLYDENBURGH ROAD CENTRAL ISLIP, NY '1 1722 Tel. (516) 34.2-9673 Fax (516) 34.2-9676 John Whitton; Trinity Transportation Corp.; General Manager since Ma) 1996 Responsibilities include: dispatching, interaction x~lth all customers including Municipal accounts. oversees daily operations of all facets of company. Omni Recycling of Babylon Corp.; Facility Manager 1995 - 1996 Responsibilities included: daily operations of 1250 ton per day re~.'cling/transfer facdit3.'. Managed all incoining and outgoing materials flox~. Arranged for transportation sen'ices for all outgoing materials. Patricia DiMatteo~ Jet Sanitation Service Corp.; Manager 1076 - Present Responsibililies include: dispatching, communication ~ith customers, posting accounl information, service complaints, interaction with drivers, office om ersite. Trinity Transportation Corp.: Sect3. -Treag 1996 - Prcsenl Responsibilities include: Payroll. dispatch, office accounting Omni Recycling of Babylon Inc.; Secty - Treas. 1996 - Present Responsibilities include. Capital equipment purchases, acconnts payable, daffy operations LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBy GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that the Town of Southold will receive ~=1~1 bid~ for ~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: Thursday, June 6, 2002 TIME: 10:00 a.m. (LATE BIDS WILL NOT BE OPENED) The o,Y~v to b~-made~in ~-- with this Bid Solicitation a~ail include a bid on the following: A bid price per ton, to provide equipment and labor for hauling solid waste and disposing solid [NOTE: THIS IS A HAUL BID ONLY. Under this bid, Southold solid wtste MUST be delivered to the Town of Huntington Resource Recovery FaeiUty. Under this bid, tipping costs at the Town of Facility shall be the sole responsibili- ty of and shag be borne directly by the Town of Southold, under existing Southold and the Town of Huntington. Bidder shall NOT pro. vide disposal site tip fee costs under this bid.] The terms of this Agreement shall be four and a half (4,5) years commencing on July 1, 2002. Bids must be made in writing on the forms furnished and shall be accompanied by a Bid Guaranty in order, bank drab or standard fon~ Town of Southold, or bid 'bond. in the sum of one hundred thousand dollars ~$100.000.00) wherein the named obhgee shall be the Town of Southold. The successful Bidder shall be required to furnish a performance with the instructions in the Bid Solicitation, The bid price shall not include which the Town of Southold is 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 open- ing 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 may be ~ free of charge and at the folhiw ng to 4:00 p.m.: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York, 11971 Upon payment of non-refundahie fifty dogars ($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 confer- ence to be held at 9:00 a.m., Thursday, May 23, 2002 at: Southold Town Hall Meeting Hall 53095 Main Road Southold. New York, 11971 For further information regard- ing bidding requirements, contact Elizabeth A. Neville (631) 765-1800. For information regarding Town of Southold waste program and haul- Bunchuck (631) 734-7685. All bids must be signed and sealed in envelopes plainly marked "Bid On Sofld Waste Hauling Only Services", and submitted to the Office of the Town Clerk. The bid price sbail not include any tax, fed- eral, state, or local, from which the Town of Southoid is exempt. Dated: May 3, 2002 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK 2,LLS-1TMY9 STATE OF NEVV YORK) )SS: ~TY)~,.,~F SUFFOLK) ~"¢_~,~2~'~"',~___ of MaEituck, in ~id ~un~, ~ing duly sworn, ~ ~at he/she is Principal cle~ of THE SUFFOLK TIMES, a wee~y ne~r, pub- lish~ at MaE~u~, in the T~n of ~, ~n~ of Suffolk and S~te of New Yo~, a~ that ~e Noa~ of ~ich the annex~ is a pdnt~ ~y, has ~n ~ula~ pu~ lished in said Newspa~r once each week for / weeks su~ssively, ~mmencing on the ~ day of ~ ~ ~fi~i~l Clem Swom to ~fore me ~is / O~ day of t1,[ ~ 20 O~ ~U~A E. BONDA~GHUK Not~ry Public, $t~to o~ No Ol Qualified m SufiolR Gounty n ~ ~y Commission Expiros D~. ~4, ~' a ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS i~AGEMENT OFFICER FREEDOM OF INFORIVL~T[ON OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING Haul Only Services Bid Opening 6/6/02 10:00 A.M. Trinity Transportation Corp 214 Blydenburgh Road Islandia, NY 11749 Bid Attached BIDDER'S SOLICITATION SOLID WASTE HAUL SERVICES AGREEMENT DOCUMENTS TOWN OF SOUTHOLD STATE OF NEW YORK TOWN Of SOUTHOLD May 2002 NOTICE TO BDDERS Solid Waste Haul-Disposal Services The Town of Southold will receive sealed bids for solid xvaste haul 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: Thursday, June 6, 2002 TIME: 10:00 A.M. (LATE BDS WILL NOT BE OPENED) The offer to be made in accordance ~vith this Bid Solicitation shall include a bid on the following: A bid price per ton, to provide equipment and labor for hauling solid waste and disposing solid waste at the Contractor's Solid Waste Disposal Site. The term of this Agreement shall be four and one-half (4-1/2) years commencing on July 1, 2002. And ending on December 31, 2006. 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 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 xvithdraw 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 xvaive 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 fi'ee of charge and at the folloxving location on weekdays from 8:00 A.M. to 4:00 P.M.: 2 Office of the Toxvn Clerk Southold Toxvn 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 9:00 A.M, _Thursday, May 23, 2002 at: Southold Town Hall Meeting Room 53095 Main Road Southold, NY 11971 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 For further information regarding bidding requirements, contact Elizabeth A. Neville (631) 765- 1800. For information regarding Town Of Southold waste program and haul-disposal operations, contact James Bunchuck (631) 734-7685. 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 Inl-bnnation to be Submitted 4.1 Contractual Bid 4.2 Supplemental lnfonnation 5.0 Bid Format 5.1 Binding 5.2 Form Preparation 6.0 Submission of Bid 6.1 Withdrawal Of Bids 6.2 Questions & Addenda 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 ! 5.0 Indemnity (Hold Harmless) 16.0 Payments 17.0 Default l 8.0 Term of Agreement 19.0 Sen,ice 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 Solid Waste 4. l Quality and Characteristics 5.0 Program Activities 5. l Collection 5.2 Loading Mode 5.3 Town of Southold Accident and Damage Policy 5.4 NYSDEC Part 360 Permit to Operate 7 10 I1 11 12 13 13 13 14 14 14 14 15 15 15 16 16 16 17 17 17 17 17 19 19 20 20 20 20 20 21 22 23 23 23 24 24 24 24 25 25 26 4 6.0 Haul Services 6.1 Work Included 6.2 Equipment 6.3 Weighings 7.0 Safety and Health Regulations 9.0 Operations and Procedures 9.1 Supporting Data SECTION C CONTRACTOR BID FORM 1.0 Intent 2.0 General Bid Statement 3.0 Unit Price Bid Schedule 3. l Compensation 3.2 Evaluation Unit Bid Price Formula 4.0 Bid Security Acknowledgment 5.0 lnfbnnation Schedules lntbnnation Schedule A Information Schedule B lntbrmation Schedule C Information Schedule D Intbrmation Schedule E Intbrmation Schedule F Information Schedule G Information Schedule H lnfom~ation Schedule I lntbnnation Schedule J Infom~ation Schedule K lntbrmation Schedule L Intbnnation Schedule M 26 26 26 27 28 29 29 31 32 32 35 35 36 36 37 5 SECTION D -,APPENDICES Appendix A Sample Operating Agreement Appendix B New York State Department of Em ironmental Conservation Permit Appendix C Accident Report 6 GLOSSARY OF TERMS ADMINISTRATOR -Shall mean the Coordinator of municipal solid waste (or his agent) of the Town of Southold. New York. AGREEMENT- Shall mean a Form operating agreement set tbrth by the Town and resulting from this Bid Solicitation between the Town of Southold and the successful Bidder to be executed in 1997. AGREEMENT DOCUMENTS -Shall include the notice to bidders, instructions, bid solicitation, bid Forms, information schedules, proposal, payment bond, bid bond, Agreement, pertbnnance 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 from Jul,,, I , ora calendar year to June 30, of the next calendar year. BIDDER -Shall mean any party or parties submitting in proper form a bid to perlbrm 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 ~Julv 1, 2002_. 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, piaster, 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 perrnitted under the design and operation requirements oF6NYCRR 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 7 CONTRACT DOCUMENTS - Shall have the same meaning tis Agreement Documents. CONTRACT YEAR - Shall have the same meaning as Agreement Year. CONTRACTOR - Shall mean the part3' contracting to per/brm the work, or the heirs, executors, administrators, agents, or successors thereof. COORDINATOR - Shall mean the coordinator of municipal solid waste 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 Ibr each ton of solid waste 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 U.S.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 thereunder, and any analogous or succeeding Federal, state or local law, rule or regulation and regulations promulgated thereunder and (2) any other material which any governmental agency or unit having appropriate jurisdiction shall determine fi'om time to time cannot be processed at the facility because it is harmful, toxic or dangerous. NOTICE OF AWARD - Shall mean written notice from the Town of Southold to the successful Bidder that the Town of Southold intends to award an Agreement to the successful Bidder, subject to compliance with all their terms and conditions of the Agreement Documents. NYSDEC - New York State Department Of Environmental Conservation. OSHA - Federal Williams-Steiger Occupations Safety & Health Act of 1970, plus subsequent revisions. GLOSSARY-2 8 OXx.~N'ER - Shall mean the Town Of Southold, Nexv York. Also may be refen'ed 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 baying 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 Conse~'ation Recovery Act (Federal). RRF - Town of Huntington Resource Recovery Facility, located at 99 Town Line Road. East Northport, NY, 11731. SOLID WASTE - Shall mean all putrescible and non-putrescible materials or substances, including but not limited to garbage, refuse, rubbish, ashes, agricultural wastes, and ofthl. (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 6NYCRR 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 l) 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 sev/ices, equipment, materials and/or labor. TOH Town of Huntington TOS - Town of Southold GLOSSARY-3 SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS, AND AWARD BASIS I0 SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS AND AWARD BASIS 1.0 PROJECT PURPOSE 2.0 The Town of Southold receives and must dispose of approximatelyl 0,000 tons of solid waste mmually. The Town of Southold (TOS) has entered into an agreement with the Town of Huntington (TOH) wherein TOS will send its solid xvaste to the Town of Huntington Resource Recovery Facility (hereinafter "RRF") for disposal. The TOS-TOH agreement runs through December 31, 2006. The purpose of this solicitation is to seek bids for the trucking of Southold's MSW to the Huntington RRF for the duration of the TOS-TOH contract period. Annual tonnage of MSW to be shipped from TOS is expected to rise during the contract period to approximately 12,500 tons. The Town of Huntington RRF is located at 99 Town Line Road, East Northport, NY 11731. 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 xvhen 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 9:00 AM, Thurs., May 23, 2002 10:00 AM Thursday, June 6, 2002 June 18, 2002 On or Before June 28, 2002 July 1, 2002 11 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 Transtbr Station; (c) 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; lc) 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) notit? the Town Clerk of all conflicts, errors or discrepancies in the Agreement Documents. Reference is made to the following Appendices which cootain supplemental intbrn~ation 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 Reference is made to the Following information which is available for review by Bidders at the Tov',rn Clerk's Office during normal business hours - 8:00 A.M. to 4:00 P.M. Monday through Friday. i. Pending conceptual plans for the proposed Town of Southold Transfer Station. ii. Town of Southold Solid Waste Management Plan. This intbrmation is presented solely for the convenience of the Bidders and does not constitute part of the Agreement Documents. Bidders shall fbrm their own conclusions and opinions from this information and shall confirm any intbrmation contained therein regarding facilities and equipment through site visits. The Town does not guarantee the accuracy of any infbrmation contained in these documents. 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 infom~ation which may affect cost, progress, performance or furnishing of the work and which Bidder deems necessary to determine its bid for pertbrming and furnishing the work in accordance with the time, price and other terms and conditions of the Agreement Documents. The failure or omission of the Bidder to receive and examine any fbrm, instrument 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. 12 The submission ora 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 peri-brining 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 pertbnning mid 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 4.1 4.2 INFORMATION TO BE SUBMITTED WITH PROPOSAL 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. Contractor Bid Form Bid Security or Bid Bond Information Schedules A through M as applicable Supplemental Information as described in 4.2 Supplemental Information In addition to the aforementioned tbrms, 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: ii. Haul A detailed summary of requirements for manpower, materials and supplies, mobile equipment, etc., shall be included to provide the Town with general anticipated guidelines tbr performance under the Agreement. Litigation: A section briefly describing an5' current litigation xvhich in any way may affect the Bidder's operational capability of useful life of the Solid Waste Disposal Sites. 13 5.0 5.1 5.2 6.0 iii. Subcontractors: If the Bidder intends to use one or more subcontractors to complete an5, portion of the work, the Bidder must so indicate this intent in its Bid. The Bidder is advised that any Agreement awarded Mil 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 Ibr approval. No such change shall be lnade 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 eftbrts 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. BID FORMAT Binding The document(s) if bound shall be in a manner that will provide lbr 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. 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 Binder. BIDS SHALL NOT BE QUALIFIED, MODIFIED, LIMITED OR RESTRICTED 1N 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. SUBMISSION OF BID Each Bidder shall submit six (6) separate complete sets of his Bid which shall be enclosed in a sealed opaque 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 be~bre the time and at the place designated in the Notice to Bidders. Bids received after the time set tbr 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: Office of the Toxvn Clerk Town of Southold 53095 Main Road Southold, New York 11971 14 6.1 6.2 7.0 Bids received prior to the time of opening will be t- Kept securely unopened. Nc bid receix ed thereafter will be considered. Withdrawal of Bids An)' Bidder will be given permission to withdraw its Bid upon receipt of a properly notarized written request made no later than the time set for opening. At the time of opening of the bids, if such Bid is included, it will be returned to the Bidder unopened. No bid may be withdrawn after opening until execution of the Agreement or rejection of all bids as provided herein. Questions & Addenda All questions about this Bid Solicitation must be submitted in writing to the tbllowing: Town Clerk Town of Southold 53095 IVlain Road Southold, New York 11971 No alterations to this Bid Solicitation will be considered valid unless in writing and issued as Addenda. All such addenda shall become part of the documents and all Bidders shall be bound by such addenda, whether or not received by the Bidders All questions must be received at least ten (l 0) calendar days before bid opening in order to be answered. It shall be the Bidder's responsibility to make inquiries concerning any addenda issued. All addenda will be on file at the Town Clerk's office at least twenty-four (24) hours before bids are opened. The Town will not be bound by oral clarifications. BID GUARANTY Each Bid must be accompanied by a bid guaranty (Section C, Schedule 5.0.K), without condition or qualification, which shall be in the sum of one hundred thousand dollars ($100,000.00). 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 from 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 draft 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 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 15 8.0 successful Bidder. EXE('UTION OF AGREEMENT. FURNISHING OF BONDS The successful Bidder, or its legally authorized representatix e. 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 tbllowing 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 ($1,000,000.00). 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 tbr any and all 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 hauling 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: Provide equipment, labor, maintenance and management services to haul solid waste from the Town of Southold Transfer Station to the TOH RRF as set forth in Section B - Bid Specifications. B. Reserve and provide a minimum available hauling capacity of 15,000 tons (52 weeks/year) yearly, allowing Ibr seasonal and other peak periods. C. Provide evidence of all current valid state and Federal permits, licenses, local ordinances, etc., required by law to ship solid waste to the RRF. D. Provide evidence of physical and financial capability to perform services described in the bid specifications. 10.0 SELECT[ON OF CONTRACTOR 16 Bids will be evaluated only if accompanied by the approved tbnn of bid guaranty. Only bids solicited from finns or combinations thereof, who have sufficient nranagement. engineering capabilities, operating, and maintenance experience to fulfill the To~vn's goals and comply with the applicable local, state, Federal laws. ordinances, regulations e.g. New York State Department of Environmental Conservation, Resource Conservation Recover5 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 at bids submitted in response to this Bid Solicitation. I 1.0 ACCEPTANCE OF BID The acceptance ora 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 14.0 14.1 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 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. INSURANCE AND BONDS Insurance For the period from 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 tbrth below. All such insurance coverage, shall be provided by companies licensed to do business in New York State. The Town of Southold and its agent shall be named as an additional insured and coverage shall not be changed or cancelled until thirty (30) days written notice has been given to the Town. Within ten (10) days of the Notice of Award, Contractor shall furnish to the Town, certificates of insurance, in a form satisfactory to the Town Attorney, evidencing such insurance. The kinds and amounts of insurance are as Ibllows: 17 A. Contractor's Insurance - Insurance tbr liability lbr damage imposed by law of kinds and in the amounts hereinafter provided covering ali work under the Agreement. whether pertbm~ed by Contractor or his subcontractors. The kinds and amounts of insurance are as follows: ( I ) Worker's Compensation Insurance - A Policy covering the operations of the Contractor in accordance with the provisions of Chapter 41 of the Laws of 1914 as amended, known as the Worker's Compensation Law, covering all operations Of the Contractor, whether pertbrmed 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 tbr the benefit ot~ 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. The tbllowing insurance coverage shall be included: (a) Independent Contractor's Protective Liability - Covering work performed by subcontractors. (b) Completed Operations or Product Liability. (c) Contractual Liability. (d) Broad Form Property Damage (e) Personal Injury. NOTE: If any of the rating classifications embody property damage exclusions C or U, coverage for eliminating such exclusions must be provided. Coverage for the above will be required in not less than the following amounts: SINGLE LIMITS OF LIABILITY: AGGREGATE LIMITS OF LIABILITY: $ 1,000,000.00 $10,000,000.00 (3) Automobile Liability Insurance - Policy shall include coverage tbr all owned as well as non-owned and hired vehicles, and limits shall not be less than the tbllowing amounts: BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY 18 14.2 Aggregate: $3,000,000.00 Each Person Each Occurrence $1,000,000.00 Aggregate: $3.000,000.00 Each Occurrence $ 1.000,000.00 Bonds Prior to the execution Of the Agreement. the successful bidder shall furnish to the Town a Performance Bond wherein the named obligee is the Town of Southold. The Perfurmance Bond's purpose is to secure the faithful performance of the Agreement. The bond' amount shall be set lbrth in Section A-8.0. The bond shall be executed by a surety company approved by the Town authorized to do business in the State of New York and with an office or representative in Suffblk County, New York. The tbnn shall be acceptable to the Town of Southold and shall have a term through the completion of sen'ices. As an a alternative to the Pertbrmance Bond, the successful Bidder may furnish a certified check, bank draft, money order, or a standard tbrm irrevocable letter of credit, certified check, bank draft or money order must be made payable to the order of the Town of Southold. The standard form irrevocable letter of credit shall be in a lbrm acceptable to the Town of Southold. In the event the Contractor secures a Pertbnnance Bond t¥om 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. 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, serv'ices 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 the Contractor'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 rights hereunder, including all necessary appeals which may be necessary, in the opinion of the Town. 19 16.0 PAYMENTS 17.0 Contractor shall receive monthly pa.~qnents for services pertbrmed (luting the prior calendar month upon submission of an invoice (with a Town voucher) that shall contain an itemized list of municipal solid waste haul trips from the Town of Southold Transfer Station including the tonnage of municipal-solid waste and the manifest nmnber for each load of municipal solid waste 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 an3' sums expended by the Town to cure any default or other non-compliance by Contractor. 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 sen,ices 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 tbr such excess costs. The Town reserves the right to terminate the Agreement for just cause. 18.0 TERM OF AGREEMENT The term of this Agreement shall be four and one-half(4-1/2) years commencing on July 1, 2002. 19.0 SERVICE AGREEMENT The Contractor shall be obligated to provide the Town with hauling services to the TOH RRF only. Under the agreement the Contractor shall not be responsible for providing, and is not obligated or authorized to provide, a disposal site for MSW. Under the agreement, the Contractor shall not be obligated or authorized to deliver TOS MSW to any disposal site other than the TOH RRF. This agreement does not limit or restrict the ability of the Contractor and TOS to enter into a separate agreement(s) to arrange for an alternate disposal site(s) for TOS MSW in the event an emergency or other condition causes the TOH RRF to be temporarily unable to accept TOS MSW. 20.0 SUBCONTRACTS The Bidder warrants that there will be no subcontractor employed to haul TOS MSW to the RRF. 2O 21.0 RIGHTS AND OPTIONS The Town of Southold, Next' York, reserves and holds at its discretion the following rights and options upon issuing this Bid Solicitation: To atvard an Agreement to the candidate whose bid is judged to be the lowest responsible bid pursuant to Section [03 of the General Municipal Law of the State of New York. 2. To re ect an,,,' and, or all bids. 3. To issue subsequent bid solicitations. 4. To issue additional and subsequent solicitations tbr 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. 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. 21 SECTION B BID SPECIFICATIONS (TECHNICAL/MANAGEMENT) 1.0 SECT[ON B BID SPECIFICATIONS TECHN [CAL,'MANAG EIvlENT REQUIREIMENTS This request for bids is issued fbr the Town of Southold, State of New York. Town Hall, 53095 Main Road, Southold, Next, York, 1 1971 (Telephone (516) 765-1800) The eftbrt, shall be known as the Town of S0uthold Solid Waste Haul Disposal Sen'ice. The Town of Southold desires to issue an Agreement with a qualified Contractor to haul a portion of its Solid Waste. The Town will need to dispose of approximately I0,000 12,500 tons of solid waste during the agreement years. The Contractor will ensure the Town that solid waste will be hauled from the Town of Southold's transfer Station to the TOH RRF. 2.0 3.0 'HAUL Provide equipment, labor, maintenance, management and policies to operate a transportation system for hauling solid waste from the Town of Southold transfer Station to the TOH RRF 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. [SEE NOTE AT END OF SECTION 6.2] PROGRAM GOALS AND OBJECTIVES The goal of this project is the continued safe and reliable hauling of the solid waste materials 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 haul operations proceed according to the provisions of this document and subsequent agreements/amendments are upheld. 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 solid waste received at the Town of Southold Transfer Station and delivered to the Disposal Site; the manner in which solid waste is handled by the Town prior to the loading of waste for transfer; and the equipment maintained and used by Town forces in the handling of waste to be transferred. 23 4.0 4.1 5.0 5.1 This Agreement will not provide any guarantees ix ith respect to the volume of waste to be hauled andor disposed of by Contractor or the specific operational techniques andor equipment to be employed by the Town in the handling of waste at the Town transfer station. 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. CHARACTER OF THE SOLID WASTE 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 waste types generated in private households, and, theretbre, can include broken furniture, small appliances, and other wastes generated in a private home or apartment as allowed under 6NYCRR Part 360- 1.2(a) regulations and the Garbage, Rubbish and Refuse Law, Chapter 48 of the Code of the Town of Southold. Commercial waste tnay also be included in the solid waste stream. It ~nay include any waste which is typically disposed of in dumpster or roll-off type container boxes at restaurants, small businesses, light industries, hospitals, office buildings etc. It should not 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 noncompliance loads will be compensated under Forced Accounting (Appendix A-9). Quality and Characteristics The Town Of Southold's historical solid waste quantities and characterization data are available for review at the Southold Town Solid Waste Management District, County Rt. //48 and Zack's Lane, Cutchogue, NY, 11935. Bidders are cautioned that actual quantities may differ significantly from these data. 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 [he noncompliance waste in accordance with local, state and Federal regulations. Compensation tbr such waste disposal se~.'ices shall be provided for under Forced Accounting (Appendix A-9). The Town makes no specific representations in the tbregoing 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 solid waste from the Transt'er Station during the l:bllowing hours: 24 Monday through Friday 7:00 A.M. to 4:00 P.M. The Transfer Station is closed on the tbllowing bolidass: New Year's Day Martin Luther King Day President's Day Easter Sunday Memorial Day Independence Day Labor Da5' Columbus Day Election Day Veteran's Day t'_, Thanksgiving Eve Thanksgiving Day ~,'i Christmas Eve CN'istmas Day New Years Eve The Contractor must make transfer containers available tbr loading seven days a week. if requested, between 7:00 A.M. and 4:00 P.M. Removal of waste on Sundays is fi'equently not required during the winter months. The Contractor will be expected to provide enough containers to empty the Transfer Station tipping floor on a daily basis, delivery and staging of an adequate number of containers tbr this purpose will be coordinated with Transfer Station Staff as needed. 5.2 5.3 Loading Mode The Contractor shall fully prepare transfer containers for loading, including assuring that container covers or empty containers are left open. [SEE NOTE AT END OF SECTION 6.2.I Solid Waste will be loaded by the Town at its Transfer Station using a fi'ont end wheel loader. Atter loading, Contractor will bring transfer containers to the Town's track 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 provide sealed containers for loading. This seD'ice 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 se~'ices 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 25 5.4 6.0 6.1 .2 will be submitted to the Town within twenty-four (24) hours containing the date~ time, Iocatiom 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 NYSDEC Part 360 Permit to Operate The Town Of Southold operates the Transfer Station under a New York State Depamnent of Environmental Consen'ation (NYSDEC) Part 360 Permit to Operate. A copy of NYSDEC Permit is included as Appendix B. HAUL SERVICES For Solid Waste Hauling Sen'ices-Agreement, the tbllowing services will include the tasks, responsibilities and performance required as outlined herein. 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 solid waste from the Town transfer Station to the TOH RRF in accordance with all local, state, and Federal regulations. [SEE NOTE AT END OF SECTION 6.2.] · Financial liability and maintenance responsibility of transport equipment, i.e., dump trailers, transfer trailers bulk material containers, vehicles, personnel and sen'ices for open-top loading solid waste hauling activities. · Coordination of haul sen, ices with disposal services. Equipment The Contractor shall provide reliable refuse handling and other essential ancillary equipment, along with personnel to operate and maintain a reliable haul sen, ices system in a manner that will satisl~' the needs of the Town of Southold. The minimum level of haul setwices 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 solid waste 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, solid 26 6.3 xx aste, 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 tbr 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 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 solid waste in open-top transport equipment. The bidder shall clearly indicate [he 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 contbrm with these requirements and replace it with an acceptable unit. The Contractor shall maintain its own oft-site maintenance shop facilities for servicing the transport equipment and vehicle fleet, unless it elects to subcontract for these se~,ices. No major maintenance may be done at the Town of Southold Transfer Station site. NOTE: In the course of this Agreement, the Town ma),, at its discretion, provide 1 or more transfer trailers for use by the Contractor. The Town warrants that an.v such equipment provided would be compatible with hauling vehicles (tractors) generally standard in the waste hauling industo,. In the event that the Town wishes to provide such equipment./hr use by the Contractor, the Contractor together with the Town shall develop an addendum to this agreement governing such use. Weighings The Town will compensate the Contractor for xvaste material hauled on a net tonnage basis (short tons = 2000 pounds). The certified weighings will be made at the Southold Town Transfer Station. 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 TOS RRF 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 tbr 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. 27 6.4 7.0 Routing Mode - Contractor's Responsibility Contractor will have the light to select the route(s) for travel from the Town of Southold transfer Station to the TOS RRF. Contractor warrants and guarantees that, in selecting and utilizing such route(s), Contractor will insure that it is not x iolating any applicable lnotor vehicle height (overpass clearance), motor vehicle weight restrictions, local ordinances or Interstate Commerce Commission regulations. Contractor will indemnity and hold the Town harmless from any claims, fines and other damages assessed upon or incurred by the Town as a result of an5' violations of applicable restrictions or regulations relating to the routes traveled by the Contractor. 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 tbllowing major areas: Maintenance safety procedures - guards and Shields on dynamic equipment, guards, railings, electrical lockouts, vehicle wheelblocks, audio vehicle backup alarms, vehicle wheel chocks, etc. Employee safety orientation, education, teaching, first-aid training, cardiopulmonary resuscitation, etc. Noise and dust control, ear protection, respirators, hard-hats, safety shields, glasses, protective clothing, sanitary facilities, etc., Fire and explosion preventions, control, equipment (fire blankets, extinguishers, first aid hoses, etc.) and personnel escape alternatives. e. Traffic flow control patterns. Accident or injury reporting system (the Tmvn shall received copies of al 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 xvith New York State Department of Labor current requirements. The Contractor shall be solely and completely responsible for operational safety during 28 8.0 pertbrmance of the Agreement. The obligation exists twenty-four ~24) hours a da5', each and every day throughout the term of the Agreement. 'Ire Town of Southold shall not have any responsibility tbr means, nrethods, sequences of techniques selected by the Contractor tbr safety precautions and programs, or for an3,' thilure to comply with laws, rules, regulations, ordinances, codes or orders applicable to the Contractor furnishing and performing the sen'ices under the terms of the Agreement. OPERATIONS AND PROCEDURES The Contractor will be required, prior to commencement of operations, to provide the tbllowing operational plans to the Town for review and acceptance. Revisions, modificafion's, and updates shall be forwarded to the Town throughout the term of the Agreement. Organization personnel and structure, showing the chain of command, names and telephone numbers and staffing requirements. 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. 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. 8.1 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 operations which may be required by Town, County, State or Federal law. In the event the Contractor requires any information in support of Contractor held licenses and permits at the Town, Counly, State and Federal level, the Town will cooperate in furnishing such information as it applies to the Southold Town operations. Operating 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. 29 In the event the Town requires additional .intbnnation fbr reporting puq>oses, the Contractor will supply same. The Town, or its designee, ina3 call upon the Contractor at anytime tbr an oral review of any technical matter. The Contractor shall file and update the tbllowing information as specified herein. Items Haul Equipment (Schedule H) Haul Accident Report (Appendix C) Licenses, Permits and Inspection Reports All Bid Information Schedules Due as changes occur on occurrence on occurrence as changes occur 3O SECTION C CONTRACTOR BID FORM 31 SECTION C TOWN OF SOUTHOLD SOLID WASTE HAUL 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 Solid Waste Haul 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 fi.om furnishing the same. No oral statement shall in any mariner 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 Bidders: 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, genera! conditions, bid specifications, and addenda, has familiarized itself with the sites of work, and hereby proposes to furnish all necessary services, permits, labor, materials, equipment, vehicles, and tools required to perform and complete the work in strict accordance with all of the bid documents written by or on behalf of the Town of Southold for this project. The undersigned Bidder agrees to abide by all conditions stated, intended, or 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 folloxvs: FIRST: If this bid is accepted, to execute the Agreement and furnish to the Town a satisfactory performance bond, and insurance all within ten (l 0) calendar days. SECOND: To begin Solid Waste Haul 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 32 contractual agreements, and ancillary facilities, etc.; to assure a SlnOOtb 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 'perforn~ 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, pa.,anent of such damages. FOURTH: as lbllows: During the perforn~ance of this Agreement, the Contractor hereby agrees The Contractor shall not discriminate against any employee or applicant tbr employment because of age. race, creed, color, sex, marital status, national origin, physical disability, and shall take affirmative action to ensure that they are aftbrded equal employment opportunities without discrimination because of age, race, creed, color, sex, 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. The Contractor shall comply with the provisions of Sections 290 through 301 of the Executive Law, Shall furnish all information and reports deemed necessary by the State Commission for Human Rights under these nondiscrimination clauses and such sections of the Executive Law, and shall permit access to his books, records, and accounts by the State Commission for Human Rights, the Attorney General. and the Industrial Commissioner for purposes of investigation to ascertain compliance with these 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 ora finding made by the State Commission tbr 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 contbrmity with the provisions of these nondiscrimination clauses. Such findings shall be made by the State Commission for Hmnan Rights afier conciliation efforts by the Commission have tailed to achieve compliance ~vith 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 at'lbrded to him to be heard publicly betbre 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. 33 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 prox ided 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 pertbrmed within the State of New York. The Contractor will take such action in enfuming 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 an5,' Bidder certifies, and in case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury that to the best of his knowledge and belief: The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement tbr the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor. 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. 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 rights 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 fumish and provide in return tbr the respective Evaluation Unit Bid Price, all the necessary material& 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 Solid Waste Haul 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 theretbre, the compensation provided tbr in Section C-3. 34 The undersigned submits herewith a bid guaranty within the form provided by the applicable bid documents in the amount of $ 100,000.00 l:br any option or combination thereof: In the event this proposal is accepted, and the undersigned tails, within ten (10) calendar days alter date of receipt of Notice Of Award from the Town to execute and deliver an Agreement in the lbnn provided by the Town or thils to execute and deliver evidence of proper insurance coverage and performance bond in the amounts required and in the prescribed tbrm within ten (10) days after Notice of Award, the bid guaranty Shall be forfeited and be retained by the Town toward the satisfaction of liquidated damages and not as a penalty. Otherwise, the total amount of bid guaranty liquidated will be returned to the Bidder. The undersigned acknowledges the receipt of the tbllowing addenda, but it agrees that it is bound by all addenda whether or not listed herein and whether or not actually received, it being the Bidder's responsibility to receive and have knoxvledge of all addenda. ADDENDUM NUMBER AND DATES Number 1 - Dated: Number 2 - Dated: Number 3 - Dated: Number 4 - Dated: Number 5 - Dated: The Bidder has completed the Contract Bid Form and Unit Price Schedules in both words and numerals in accordance with these bid requirements. 3.0 UNIT PRICE BID SCHEDULE SOLID WASTE HAUL-DISPOSAL SERVICES SOUTHOLD TOWN, NEW YORK 3.1 COMPENSATION The undersigned hereby submits the following price bid to furnish Solid Waste Haul Sen'ices to Southold Town, New York for the terms July l, 2002_ 2006. HAUL SERVICES The Haul Service applicable unit price per ton for agreement year is through December 31, dollars and 35 cents ($ The Haul Service applicable unit price per ton for agreement 5'ear is ). (Cl) cents ($ The Haut SelMce applicable unit price per ton tbr agreement year is ). tC2) cents ($ The Haul Service applicable unit price per ton for agreement year is ). (C3) cents ($ The Haul SeN'ice applicable unit price per ton for agreement year is ). (c4) dollars and dollars and dollars and dollars and cents ($ ). (C5) 3.2 EVALUATION UNIT BID PRICE FORMULA Evaluation Unit Bid Price - (C 1) 10,000+(C2) 10,000+(C3) 10,000+.5(C4)10,000+.5(C5) 10,000 40,000 tons Evaluation Unit Bid Price = $ The evaluation unit bid price formula is designed to evaluate years tbur and five at .5 the evaluate of each of the first three (3) years. Bidder: Firm-Corporation Address By: 4.0 Authorized Representative Date BID SECURITY ACKNOWLEDGEMENT I have attached the required bid security to this bid. 36 5.0 INFORMATION SCHEDULES Dated: I ag, Tee to furnish and iuclude the tbllowing information schedules m addition to the intbnnation submitted with this proposal as a part of this bid: Certification that the Bidder does not currently owe taxes, or other outstanding funds, or have pending or is currently involved in any litigation-invoMng the Town of Southold, State of New York (Schedule A, attached hereto). Location and address of the Bidder's main office and the main office of parent companies (if applicable) and Certified Statements of Ownership (Schedule B, attached hereto). Identification of Surety Company and its Agent. and written certification t¥om the Surety verifying the bond specified herein will be provided (Schedule C, attached hereto). 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). Detailed financial statement for the Bidder, and if applicable, for parent companies (Schedule E, attached hereto). Statement of Bidder's Qualifications and related experiences (Schedule F, attached hereto). G. Major Subcontractors - (Schedule G, attached hereto). H. Equipment- (Schedule H, attached hereto). I. Maximum Specified Capacity- (Schedule I, attached hereto). Information on Bidder's Solid Waste Disposal Site(s) (Schedule J attached hereto). K. Form of Bid Bond (Schedule K, attached hereto). L. Performance Bond (Schedule L. attached hereto). M. Operation Plan (Schedule M, attached hereto). Name of Bidder: Address of Bidder: 37 By: Signature Title Corporate Seal (Ifa Corporation) Incorporated under the laws of the State of Names and addresses of officers of the corporation: (President) Name Address (Secretary) Name Address (Treasurer) Name Address (If an individual or partnership) Names and addresses of all principals or partners 38 This Bidder INFORMATION SCHEDLILE A Town of Southold Bid Project Solid Waste Haul Services herein certifies that as a (Bidder's legal name) Bidder, it does not currently owe delinquent taxes or other outstanding Funds, of having pending or currently involved in any litigation involving the Town of Southold, State of New York. Name of Bidder: By: Date: (Authorized Signature) NOTE: (1) (2) If blank not applicable, fill in with N/A If bidder owes the Town taxes or is involved in any litigation, a statement of explanation will be attached hereto. Tax/Litigation Certification BID (PROPOSAL) FORM Schedule 5.0.A Page l of l 39 INFORMATION SCHEDULE B Town of Soutbold Bid Project Solid Waste Haul Services The tbllowing 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 Numbers) City State Zip Telephone Number The Bidder herein certifies that the is partially/wholly owned subsidiary of This By Manager's Name (Contact) Parent Firm's Legal Name Street Address (Box Numbers) City State Zip Telephone Number Firm is owned Parent Firm Parent Firm or is a public/private stock corporation. Bidder Office Locations/Ownership Certification BID (PROPOSAL) FORIM Schedule 5.0.B Page 1 of 2 40 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 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 41 INFORMATION SCHEDULE C Town of Southold Bid Prt\iect Solid Waste Haul Sen'ices 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 Pertbrmance Bond, specified in the Contract Documents, in the extent the Bidder enters into an agreement with the Town. The Surety Company herein certifies that such Company is licensed to do business in the State of New York. (L.S.) Principal (SEAL) Surety Company By: Bidder Office LocatiowOwnership Certification BID (PROPOSAL) FORM Schedule 5.0.C Page 1 of I 42 INFORMATION SCHEDULE D Town of Southold Bid Project Solid Waste Haul Services The Bidder herein certifies that the below named individuals are the current registered corporate officers, along current permanent addresses, and designates their authority to execute an Agreement on behalf of the finn Officer's Name Officer's Name Subsidiary Parent Corporate Title Corporate Title Address Address City City State. Zip State, Zip Officer's Name Officer's Name Subsidiary Parent Corporate Title Corporate Title Address Address City City State, Zip. State, Zip Officer's Name Officer's Name Subsidiary Parent Corporate Title Corporate Title Address Address City City State, Zip State, Zip Current Corporate Officers BID (PROPOSAL) FORM Schedule 5.0.D Page 1 of 2 43 INFORMATION SCHEDULE D - IContinued) Officer's Nalne 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 Officer BID (PROPOSAL) FORM Schedule 5.0.D Page 2 of 2 44 INFORMATION SCHEDULE E Town of Southold Bid Project Solid Waste Haul Services STATEMENT OF BIDDER'S FINANCIAL CONDITION 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 finns opinions, notes, revenue/expense statements, conditions of cash. etc. The attached statement provided includes: Accounting Fim~ Name Address Financial Period Statement Date To The bidder certifies that he currently has an available line of credit in the amount of $ . A supporting documentary evidence attached to this tbm~ is supplied by: Name Address Date The undersigned Bidder certifies to the validity of statement and agrees to furnish any other intbrmation 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 45 INFORMATION SCHEDLILE E - {continued) The undersigned hereby authorizes and requests any person, finn or COlt~oratioo to furnish aoy m formation requested by Town of Southold, New York in verification of the finns financial condition. Dated at This day of ,20 State of New York, County of Name of Bidder Title is of Title being duly sworn deposes and saws that he 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 My Commission expires: Notary Public NOTE: (I) (2) (Bidder may submit additional information 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 46 INFORMATION SCHEDULE F Town of Southold Bid Project Solid Waste Haul Services The Bidder herein certifies that it is qualified to pertbnn the work covered by this proposal, and that it 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 6. 7. 8. 9. City State incorporated: New York State; Business License No.: State Year incorp.: No. Years in contracting business under above name: Has finn ever defaulted on a contract? Yes Gross Value - work under current contract: $ Number of Current Contracts: Brief description general work perfom~ed by firm: Zip No years. 10. Has Firm ever failed to complete work awarded? Yes If yes, attach supporting statement as to circumstances. Qualifications Summary BID (PROPOSAL) FORM No Schedule 5.0.F Page I of 3 47 INFORMATION SCHEDULE F (continued) 11. Related Experience Retbrence (within previous 5 3'ears) 1 I. I Project Title: Owner's Nalne: Address: Engineer: Address: Project hfitial Start Date: Project Acceptance Date: hfitial Bid Value: $ Final Complete Project Value: Brief Project Description: 1 1.2 Project Title: Owner's Name: Address: Engineer: Address: Project Initial Start Date: Project Acceptance Date: Initial Bid Value: 5; Final Complete Project Value: $ Brief Project Description: Qualifications Summary BID (PROPOSAL) FORM Schedule 5.0.F Page 2 of 3 48 1 1.3 Project Title: Owner's Name: Address: Engineer: Address: Project Initial Start Date: Project Acceptance Date: hfitial Bid Value: $ Final Complete Project Value: $ Brief Project Description: 12. Principal Firm IVlembers' Background/Experience (3 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 applicable, fill in with N/A. Qualifications Summary BID (PROPOSAL) FORM Schedule 5.0.F Page 3 of 3 49 INFORMATION SCHDULE G Town of Southold Bid Project Solid Waste Haul Services The Bidder hereby states that it proposes, if awarded an Agreement to use the following haul sub-contractors on this project. 3. 4. 5. 6. 7. 8. 9. 10. Sub-Contractor: Contract Trade, Individual Address Phone # Specialties NOTE: Name of Bidder: By: (Authorized Signature) If blank not applicable, fill in with N/A Date: Subcontractors BID (PROPOSAL) FORIVl Schedule 5.0.G 50 INFORMATION SCHEDULE H Town of Southold Bid Project Solid Waste Haul Sen, ices The Bidder states that it owns the following pieces of equipment that are available tbr 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 this form shall be labeled Schedule 5.0.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 51 INFORMATION SCHEDULE I Town of Southold Bid Project Solid Waste Haul Services The Bidder hereby states that it will be prepared to haul up to the tbllowing Maximum Specified Yearly Capacities in tons of Town of Southold solid waste if awarded an agreement Contract Year Maximum Tons per Contract Year Name of Bidder: By: Date: tvlaximum Specified Capacity BID (PROPOSAL) FORM Schedule 5.0.I 52 INFORMATION SCHEDULE J Town of Southold Bid Project Solid Waste Haul Services Are you willing to meet with the Town of Southold to discuss your short and long term hauling capabilities? Yes No The undersigned hereby certifies that services, material, equipment to be furnished as a result of this bid will be in accordance with Town of Southold specifications applying thereto unless exceptions are indicated above and an explanation attached. Bidding Company Address BY City State Zip Signature (Please Print or Type) NAME AND TITLE Phone No. Date CORPORATE SEAL 53 Bidder Solid Waste Disposal Site(s) Schedule 5.0.J BID (PROPOSAL) FORM Page 7 of 7 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 Owner in the sum of and truly be made, we hereby jointly and severally bind ourselves, our heirs, executors. administrators, successors and assigns. Signed this day of ,20 as tbr the payment of which, will 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 a contract in writing, for the hauling of solid waste; 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 off 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 pasznent of all persons performing labor or fumishing 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 and agreed that the liability of the Surety for any and all claims hereunder shall, in no extent, exceed the penal amount of this obligation as herein stated. 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. Form of Bid Bond BID (PROPOSAL) FORM Schedule 5.0.K Page I of 3 54 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seats. 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 da.,,' and 3'ear first set forth above. (L.S.) Principal Surety By: Address of Surety: SEAL (ACKNOWLEDGEMENT BY CONTRACTOR, IF A CORPORATION) STATE OF: COUNTY: On this SSN: 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 instrument; that he knows the seal of corporation; that the seal affixed to the instrument is such corporate seal; that it xvas so affixed by the order of the Board of Directors o£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 55 (ACKNOWLEDGMENT BY CONTRACTOR, IF A PARTNERSHIP) STATE OF: ) COUNTY: ) SSN: On this day of ,20__ before me personally came , to me known, and known to me to be a member of the finn of , and l~own to me to be an individual described in. and who executed the tbregoing instrument in the finn name of and he duly acknowledged to me that he executed the same Ibr and in the behalf of said firm ~or the uses and purposes mentioned therein. Notary Public (ACKNOWLEDGEMENT BY INDIVIDUAL CONTRACTOR) STATE OF: ) COUNTY: ) SSN: On this day of ,20__ betbre me personally came , to me know, 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 56 INFORMATION SCBEDULE L PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the "principal") and I 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 itselfi 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 Solid Waste Haul-Disposal Sen'ices, 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 pertbrmed 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 indemnity and save harmless the Owner from all cost and damage which it may suffer by reason of failure so to do, and shall fully reimburse and repay the Owner for all outlay 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 afuresaid 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 2 57 PROVIDED HOWEVER, the Surety, t-bt the value received, hereby stipulates and agrees, if requested to do so by the Owner, to full.,,' perform and complete the ~xork mentioned and described in said Agreement, pursuant to tbe terms, conditions, and covenants thereof; if for any cause the Principal fails or neglects to so fully pertbnn and complete such work and the Surety further agrees to commence such work of completion witbin ten (10) calendar days after written notice thereof from the Owner and to complete such work within ten (10) calendar days ti'om the expiration of the time allowed the Principal in the Agreement tbr the completion thereof; and further PROVIDED HOWEVER. the Surety, tbr value received, fur itself; and its successors and assigns, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no may impaired or affected by an extension of time, modification, work to be pertbnned thereunder, or by any pa3qnent thereunder before the time required herein, or by any waiver of an3,' provisions thereof or by any assignment, subletting or other transfer of any work to be pertbnned 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 co assignees, subcontractors, and other transferees shall have the same effect as to said Surety as though done or omitted to be done by or in relation to said Principal. IN WITNESS WHEREOF, the Principal has hereunto sec 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) By: Attest: Principal Surety Add Corporate Seal By: Attest: Address of Surety: Perfbrmance Bond BID (PORPOSAL) FORM Schedule 5.0.L Page 2 of 2 58 INFORMATION SCHEDULE M OPERATIONAL PLAN The Bidder hereby states that it proposes to implement the lbllowing operational plan to haul Municipal Solid Waste (MSW) from the Town of Southold Transfer Stationl if awarded an Agreement. I. Haul Summarize the manpower and equipment you will make available to per/btm under this Agreement. Operational Plan BID (PROPOSAL) FORM Schedule 5.0.M Page I of l 59 APPENDIX A SAMPLE OPERATING AGREEMENT 60 THIS AGREEMENT, made on the day of .20 by and bern een the Town of SouthokL 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 20 , ("Bid") in response to the Town's Bid Solicitation Ibr Solid Waste Hauling Services dated ,20__, ("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 perfbrm certain setwices in connection with the handling of solid waste, NOW, THEREFORE, it is mutually covenanted and agreed by and between the parties hereto as follows: I. DEFINITIONS - Terms defined in the Bid Solicitation shall have the same meaning as if defined herein. II. SCOPE OF SERVICES - The Contractor shall perform the services in accordance with the description of those services as set forth in the Solicitation. IlL TERM OF AGREEMENT The term of this Agreement shall be Four and One-Half (4-1/2) years commencing on · 20 APPENDIX A-I 61 PRICE SCHEDULE 'COMPENSATION The unit bid price schedule tbr the services to be furnished by Contractor is tbund Section C 3. l, 3.2, Contractor's bid which is incorporated into this Agreement. V. PAYMENTS A. The Contractor shall receive monthly payments tbr services pertbrmed during the prior calendar month. The Contractor shall submit a request tbr payment on a Town approved voucher form along with Contractor's invoice which shall include a daily summary of tonnage hauled by Contractor to the TOH RRF and disposed by Contractor at the TOH RRF as applicable. Such payinents 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 pa3qnent owning to Contractor any sums expended by the Town to cure any default or other Agreement non-compliance by Contractor or to protect the Town from loss on account of claims filed or reasonably anticipated to be filed. VI. CONTRACTOR'S WARRANTIES AND REPRESENTATIONS Contractor makes the tbllowing warranties and representations: A. Contractor represents that the Town has made no commitment under this Agreement with respect to the volume solid waste 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 regulations applicable to ail of the services to be performed 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%) or more of its work hereunder, Contractor shall submit to the Town an and a WBE Utilization Plan, prior to execution of this Agreement. APPENDIX A-2 62 VII. [NDEMNIFCATION INSURANCE BONDS A. Contractor agrees to defend, indemnify and save hamdess the Town of Southold against any and all liability, loss. damage, detriment, suit, claim, demand, cost. charge, attorney's tees 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 thilure to carry out any of the provisions, duties, services or requirements of this Agreement, whether such losses and damages are suffered or sustained by the Town directly or by its employees, licensees, agents, engineers, citizens or by other persons or corporations, including an5' 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 conceming non-sudden environmental impairments, The Contractor shall join in the commencement of any action or proceeding or in the defense of any action or proceeding which in the opinion of the Town constitutes actual or threatened interference or interruption with the Town's rights hereunder, including all appeals which, in the opinion of the Town, may be necessary. B. Contractor shall procure and 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. APPENDIX A-3 63 C. Contractor shall, fur the period of the pertbmrance ofserx ices hereunder. maintain a Pertbnnance Bond in the amount of one million ($1,000.000.00) dollars wherein named obligee is To~vn 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 TOH RRF 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 t-bt pas, rnent 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 pertbrming an obligation or complying with any condition required of such party under the Agreement. the time for fulfilling that obligation shall be extended day-by-day for the period of the uncontrollable circumstance; provided, however, that the contesting in good faith or the failure in good faith to contest such action or in action shall not be construed as willful or negligent action or a lack of reasonable diligence of either party. Subject to the foregoing, such acts or events shall include the following: (l) an act of God (but not including reasonable anticipated weather conditions for the geographic area of the Town or TOH RRF) hurricane, landslide, lightning, earthquake, fire. explosion, flood, sabotage or similar occurrence, acts of a public enemy, extortion, year, 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 TOH RRF is located to provide and maintain utilities, sen'ices, water and sewer lines and power transmission lines which are required for the operation or maintenance of the Transfer Station or TOH RRF; APPENDIX A-4 64 (3) gox'ernmentaI pre-emption of materials or services m connection with a public emergency or an5' condemnation or other taking by eminent domain of any portion of the transfer Station or TOH RRF; 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 circulnstances: (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 sub-contractor; (c) union work rules, requirements or demands which have the effect of increasing the number of employees employed othenvise increase the cost to the Contractor of operating its haul operation (d) equipment failure; (e) any impact of prevailing wage law, customs practices on the Contractor's costs; (l) any act, event or circulnstances 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 the TOH RRF. IX. SUBONTRACTS Contractor shall not enter into any subcontracts in co~mection 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 sen,ices 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 Labor Law relating to the pa3,xnent 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 be borne exclusively by Contractor. APPENDIX A-5 65 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 sen'ices beyond the scope of those described in this Agreement, the Contractor shall be compensated for such additional sen,ices on the tbllowing basis: TOTAL COMPENSATION FOR ADDITIONAL SERVICES - DIRECT LABOR COST + DIRECT MATERIAL COST + OVERHEADO + 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, unifbrms, safety equipment or special tools. These fringe benefits shall be separately identified and shall not duplicate fringe benefits paid in connection with ~vork performed within the scope off the Agreement. B. DIRECT MATERIAL COST shall be those costs actually paid by Contractor for materials utilized by Contractor in performance of the additional services. The costs tbr such materials shall not include sales tax lbr 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 York State Tax Law, under Section l 115 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. PROFITS 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 thils co' pert:bnn its obligations under the Agreement, the Town ,nay terminate the Agreement, procure the sen.'ices from other sources and hold the Contractor responsible ~:br any costs incurred. This To~vn also may deduct such costs from APPENDIX A-6 66 payments owing to the Contractor andor draw upon the Performance Bond as full or partial reimbursement lbr such excess costs. The Town reserves the right to terminate the Agreement Iht,just cause. XIV. SERVICE AGREEMENT The Contractor shall be obligated to provide the Town with hauling services to the TOH RRF only. Under the agreement the Contractor shall not be responsible for providing, and is not obligated or authorized to provide, a disposal site for MSW. Under the agreement, the Contractor shall not be obligated or authorized to deliver TOS MSW to any disposal site other than the TOH RRF. This agreement does not limit or restrict the ability of the Contractor and TOS to enter into a separate agreement(s) to arrange for an alternate disposal site(s) for TOS MSW in the event an emergency or other condition causes the TOH RRF to be temporarily unable to accept TOS MSW. XV. LIMITATION OF FUNDS The Contractor agrees that this Agreement shall be deemed executory only to the extant of the funds currently available for the purposes of this Agreement and 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, any actions or claims by either party hereto shall be commenced in Supreme Court, Suffolk County, New York. In the extent 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 tbllowing any such arbitration shall be final and Judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereofi APPENDIX A-7 67 XV[[. MISCELLANEOUS A. This Agreement shall be governed by the laws of the State or' New York. B. Contractor shall not assign, convey or otherwise transfer its right~, 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 pertbrmed hereunder. This Agreement may be modified only by written agreement of Contractor and the Town. D. To the extent of any inconsistency among the documents constituting the agreement of the parties, the priority among those documents shall be: 2. 3. 4. This Agreement; 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 an assignment for the benefit of creditors or s receiver is appointed tbr 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 held themselves out nor claim to be an officer or employee of the Town of Southold nor make claim to any right accruing thereto including, but not limited to, Worker's Compensation, Unemployment Benefits, Social Security or retirement membership or credit. G. If any provision of this Agreement shall for any reason he held to be invalid or unentbrceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement and this Agreement shall be enforced as if such invalid and unenforceable provision had not been contained herein. APPENDIX A-8 68 H. Contractor agrees that it shall not discriminate and that it shall cause there to be no discrimination against an5' employee who is employee m 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: emplo3,anent; upgrading, demotion or transfer; recruitment or recruitment advertising: layoff or terlnination; rates of pay or other ~:brms of compensation; and selection for training. XVIII. NOTICES All notices required to be given hereunder shall be made in ~vriting by first class mail addressed as follows: If to the Town: With a copy to: Supervisor of the Town of Southold Town Hall 53095 Main Road Southol& New York 11971 Solid Waste Coordinator Town of Southold 53095 Main Road Southold, NY 11971 If to the Contractor: IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above ~vritten. TOWN OF SOUTHOLD By:_ Joshua Y. Horton, Supervisor By:_ APPENDIX A-9 69 APPENDIX B NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PERMIT 7O 71 72 APPENDIX C Town of Southold Accident Report 73 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 Solid Waste HAULING Only ~ t't'"'~om~ 19:47 ~312983287 os o$ '02 MO~ 08:47 FAX ~16 7~{ TIMESREVIEW SOFOtOL~ c~l~g PA,SE Suffolk Tlme~ ~2~01 To,~n l-Iall, 53096 Main Roscl P.O. Box 1179 SoutholA, ~ew Y~k 11971 ~deph~e (831~ ~65-1800 s~thulOW~.uo~hfork.n~ OFIi'ICl[ OF '1'~'i~': '[OH CLEII~ TOWN OF SOU'I'HOLD TO; SI0'FFOLK FROM: L~DA M. DATE: S/6~002 RE: LEG~ NOTICES Nt~b~ ofp~cs If total ~[ is not r~v~, pl~e ~ 631 76~1800. f~ ~1 765~145 Two (t) N~ice to Bidd~ One (1) ~ PLF. A~ ACKNOWLEDGE KE.CE~T OF TI-IlS LEGAL.NOTICI~ WITRIN O_NE t'L) HOUII BY $1O~ELOW. ANI}. gllTUgNI~IO BY FAX TO 765-~1_4~ ATTENTION: BETTY ~I'q'~I~LLE. ~YOU. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sout holdtown.nort h fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: FAX TRANSMITTAL CONSTRUCTION INFO - 800 962-0544 DODGE REPORTS 293-5456 BROWNS'S LETTERS 244-9576 BURRELLE'S INFO - 800 524-3329 DATA CONSTRUCTION 888 232-9941 BETTY NEVILLE, Southold To~vn Clerk Tele. 631 765-1800; fax 765-6145 May 6~ 2002 "BIDS" ADVERTISEMENT/PUBLICATION Number of Pages (including cover): 4 If total transmittal is not received, please call 631 765-1800. COMMENTS: PLEASE ADVERTISE THE FOLLOWING BIDS AT YOU EARLIEST CONVENIENCE Please acknowledge receipt of this information by signing below and returning a faxed copy to me at 631 765-6145, attention: Betty Neville. Thank you. Received by Date LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that the Town of Southold will receive sealed bids for solid waste hauling only services until the time and at the location herein specified which, will then be opened and publicly read aloud; PLACE: Office Of the Toxvn Clerk Southold Toxvn Hall 53095 Main Road Southold Nexv York 11971 (63l) 765-1800 DATE: Thursday, June 6, 2002 TIME: 10:00 A. M. (LATE BIDS WILL NOT BE OPENED) The offer to be made in accordance with this Bid Solicitation shall include a bid on the following: A bid price per ton, to provide equipment and labor for hauling solid waste and disposing solid waste at the Town of Huntington Resource Recovery Facility. [NOTE: THIS IS AHAUL BID ONLY. Under this bid, Southold solid waste MUST be delivered directly to the Town of Huntington Resource Recovery Facili~,. Under this bid, tipping costs at the Town of Huntington Resource Recovery FaciliW shall be the sole responsibiliW of and shall be borne directly by the Town of Southold, under existing contract between the Town of Southold and the Town of Huntington. Bidder should NOT provide disposal site tip fee costs under this bid.] The term of this Agreement shall be four and a half(4.5) years commencing on July 1, 2002. Bids must be made in writing on the forms furnished and shall be accompanied by a Bid Guaranty in the Fom~ 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 perfom~ance 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 ~vaive informalities, should this action be in the best interest of the To~vn of Southold. Bid Solicitation 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 Sonthold 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 allmved to ask questions regarding the Bid Solicitation during a pre- bid conference to be held at 9:00 A.M, Thursday, May 23, 2002 at: Southold Town Hall Meeting Hall 53095 Main Road Soutbold, New York 1 1971 For further information regarding bidding requirements, contact Elizabeth A. Neville (63l) 765-1800. For information regarding To~m Of Southold ~vaste program and haul- disposal operations, contact James Bunchuck (631) 734-7685. Ail bids must be signed and sealed in envelopes plainly marked "Bid On Solid Waste Hauling Only Services ", and submitted to the Office of the Town Clerk. The bid pr/ce shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: May 3, 2002 ELIZABETH A. NEVILLE SOUTHOLD TO%qq CLERK PLEASE PUBLISH ON MAY 9, 2002, 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 Town Board Members Town Attorney Accounting Jim Bunchuck Data Construction Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the .~ day of ~ 0-~ ,2002 she affixed a notice of which the annexed printed notice is a true copy, irt 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, Nexv York. Legal Notice to Bidders: Solid Waste Hauling Only Services Bid opening June 6, 2002 at 10:00 AM. ~/Elizabeth A. Nevi~l~ Southold Town Clerk Sworn to before me this ~ Dayof ~Y~ ~., ,2002 ~' (J Notary Public ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS IVLM~RIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOB3/LA. TION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldt own.nort hfork.net THIS IS TO CERTIFY THAT TI~E FOLLOWING RESOLUTION NO. 727 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 23, 2001: WHEREAS the Town of Southold has deemed it in its mutual interest to enter into an Agreement for the disposal of municipal solid waste (MSW) generated by the Town of Southold at the Town of Huntington Resource Recove~ Facility and the acceptance of leaves generated by the Town of Huntington at the Yard Waste Compost Facility operated by the Town of Southold, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Clerk Elizabeth Neville to advertise for bids for the equipment and labor for the truekingfnauling of mgnicioal solid waste from the Town of S0uth01d MSW Transfer Slation to the T.own of Huntington Resource Recovery Facility, such advertisement subject to the completion of bid specifications to be provided by the Solid Waste Coordinator and the subsequent review and approval of same by the Town Attorney. Elizabeth A. Neville Southold Town Clerk THE AMERICAN INSTITUTE OF ARCHITECTS AtA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe TRINITY TRANSPORTATION OORPORATION as Prmc,paJ, hereinafter called the Principal, and CAROLINA CASUALTY INSURANCE COMPANY a corporation duly organic, ed under the laws of the State of FL as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of One Hundred Thousand and 00/100 Dollars ($ 1001000.00 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assisns, ioinfly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Solid Waste Haul Services/Town of $outhold, $outheld, NY; July 1, 2002 - December 26, 2006 Sil~ned and seated th~ 6th ', i/ - v day of June {T RIN I~T pJ~.N ~ P~T/~O N CORPORATION 2002 CAROLINA CASUALTY INSURANCE COMPANY Eleanor Oouclera (Title) Attorney-in-Fact - · " ' 126 " ' ' No. POWER OF ATTORNEY CAROLINA CASUALTY INSURANCE COMPANY JACKSONVILLE, FLORIDA NOTICE: The warning found elsewhere in this Power of Attorney affec~ the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS: that CAROLINA CASUALTY INSURANCE COMPANY ("Company") a corporation oduly organized and existing under the laws of the State of Florida, having its Principal office in Jacksonville. Florida, has made, constituted and appointed, and does by these presents make, constitute and appoint Anthony J. Romano or Thomas Bean or Fred Nicholson or Gerard S. Macholz or Eleanor Doudera or Rite Sagistano of Uniondale, NY its true and lawful Agent and Attorney-in-Fact, with full power and authority bereby conferred in its name, place and stead, t(~ execute, seak acknowledge and deliver: any and all bonds and undertakings and to bind the Company thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly etectad officers of the Company at its principal office in their own proper persons. This Power of Attorney is granted pursuant to the Minutes of the Special Meeting of the Board of Directors of Carolina Casualty Insurance Company held on March 30, 1966, to wit: RESOLVED: 'q'hat the following Officers of the Carolina Casualty Insurance Company, Chairman of the Board, President. Secretary and Treasurer, or either of them, are hereby authorized to execute on behal for the Carolina Casualty Insurance Company, Powers of Attorney authorizing and qualifying the Attorney-in-Fact named therein to execute bonds on behalf of tbe Carolina Casualty Insurance Company, and further, that the said Officers of the Company mentioned, are hereby authorized to affix the corporate seal of the said Company to Powers of Attorney executed pursuant hereto." RESOLVED FURTHER, this Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the company except in the manner and to the extent therein stated. RESOLVED FURTHER. this Power of Attorney revokes all previous powers issued on behalf of the attorney-in-fact named above. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall 4issoed' WITNESS WHEREOF Carolina Casualty Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this ]?l'h dayof .l~nHnr-y ]7,  Attest: ._~,) ~ Carol3~/a Casualty Insurance Company By ..~5~, ~ By/' Betty O.t. S~therland Armin W. Blumberg k~ ( Executive-Officer STATE OF FLORIDA) SS COUNTY OF DUVAL) Onthis 17thdayof.._~, 2000 , before me personally came Bothy C. St]th~r]~nd , to me known, who, being by me duly sworn, did depose and say: that ]~ffshe is ,q~oro ~-~ ~ of Carolina Casualty Insurance Company, the Corporation described in and which executed the above instrument; and tha~e/sbe knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he/she signed his/her name thereto by like order. IN WITNESS WHEREOF, I have hereunto set, my hand and affixed my official seal; the day and year herein first above written. PATRIClAMJOHNSON I '/~'//.~.~xx.~/ /~'2. ' [NOTARY PUBLIC STATE OF FLORIDA ] ~, ........ ! COMMI~ilON NO. CC615749 [ Notary Public, State of Florida at Large MYCgMMIro$10,N,EXp. FEB. 25 2001 { [ ' CERTIFICATE [. the undersigned. Secretary of CAROLINA CASUALTY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a just. true. correct and complete copy of original Power of Attorney; that the said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond to which this Power of Aoomey is attached, is in full force and effect as of this date. Given under my hand and the seal of the Company. this 6 th day of ,June , _2002 ~Be~'ty C. Su~herland . Secretary Corp. Ack. STATE OF NEW YORK COUNTY OF NASSAU On this .......... ~.~h ....................... day of ............. ~U!TM ........... 20.0~., before me personally carrie ELEANOR DOUDERA to me known, who, being by me duly sworn, did depose and say; that he resides in ............................................. .... ~...~.~!~....~ ........................................... that he is the ................. .~?~.!~.~.~ ....................................... of the CAROLINA CASUALTY ~SURANCE COM?ANY ..... the corporation described in and which executed the above instrument; that he knows the seal of said corporation; tha~ the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said cor- poration, and ~hat he signed his name thereto by like order. ~"~w~C'Lk~t"~~'~ CAROLINA CASUALTY INSURANCE COMPANY STATEMENT, DECEMBER 31. 2001 (.AMOUNTS IN THOUSANDSi STATUTORY BALANCE SHEET Admitted Assets Bonds Common & Preferred Stocks Cash & Short Term lrwestmcnts Premiums Receivable [nvestment Income Receivable Reinsurance Recoverables Other Assets S 136,104 14,022 73,496 42,227 2,041 3,358 7,949 Total Admitted Assets S 279,197 Liabilities & Surplus Loss & LAE Reserves Unearned Premium Reserves Drafts Outstanding Other Liabilities S 83,782 73,787 3,311 39,309 Total Liabilities $ 200,189 Capital Stock Additional Paid In Capital Unassigned Surplus 3,687 52,090 23,231 .Total Policyholders' Surplus 79,008 Total Liabilities & Surplus $ 279,197 Officers: President: Vice President: \qce President: \qce President: Vice President: Corporate Secretary: Armin Waher Blumberg Gary R. Wothe Robert F. Flannery Barbara B. Murray Carroll D. Starmer Betty C. Sutherland Directors: Attain W. Blumberg Eugene G. Bal[ard Ira Seth Lederman Michael J. Snead Carroll D. Starmer Edward A. Thomas Gary R. Wothe Corp. Ack, STATE OF I ss.: C 0 T.,T~T¥ OF on~,s .............. ~....'...~ ............... dayo~ ..... ~.....~0.~.~- ......... be~oremepe~so~ally~e ............. CP.,.........~......~..~ ................. 0 ................................................................................................................. to me known, who, being' by' me duly sworn, did depose and say'; that he resides in ......... ................................................................................................ that he is the .............. ~.../"~..~ ........................................... of the....~.~:?:.~' .~[~.$.~[.[.a.[.~. ~:.~.?[~.~.~:~5 ................................ the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said cor- poration, and that he signed his name thereto by like order. (Seal) 85004 Insurance Company o I OR SU TY MANAGERS, INC. THE LINCOLN BUILDING 60 EAST 42ND STREET, SUITE 2240 NEW YORK, NY 10165 June 6, 2002 Town of Southold 53095 Main Street Southold, NY 11971 RE: TRINITY TRANSPORTATION CORPORATION 214 BLYDENBURGH ROAD ISLANDIA, NY 11749 PROJECT: SOLID WASTE HAUL SERVICES, TOWN OF SOUTHOLD, SOUTHOLD, NY; JULY 1, 2002 - DECEMBER 26, 2006 Gentlemen: The undersigned, CAROLINA CASUALTY INSURANCE COMPANY, is prepared to execute the required 100% Performance and Payment Bonds if TRINITY TRANSPORTATION CORPORATION is awarded the captioned contract. This obligation is contingent upon principal and surety's review and approval of the contract terms and the obligee arranging financing satisfactory to principal and surety. This commitment expires sixty (60) days from this date. CAROLINA CASUALTY INSURANCE COMPANY ATTORNEY-IN-FACT 126 No: POWER OF ATTORNEY CAROLINA CASUALTY INSURANCE COMPANY 3ACKSONV[LLE, FLORIDA NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Hease review carefully. KNOW ALL MEN BY THESE PRESENTS: that CAROLINA CASUALTY INSURANCE COMPANY ("Company") a corporation oduly organized and existing under the laws of the State of Florida. having its Principal office in Jacksonville. Florida, has made, constituted and appointed, and does by these presents make, constitute and appoint Anthony J. Romano or Thomas Bean or Fred Nicholson or Gerard S. Macholz or Eleanor Doudera or Rita Sagistano of Uniondale, NY its true and lawful Agent and Attorney-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver: any and all bonds and undertakings and to bind the Company thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney is granted pursuant to the Minutes of the Special Meeting of the Board of Directors of Carolina Casualty Insurance Company held on March 30, 1966, to wit: RESOLVED: "That the following Officers of the Carolina Casualty Insurance Company, Chairman of the Board, President, Secretory and Treasurer, or either of them, are hereby authorized to execute on behalfoftbe Carolina Casualty Insurance Company, Powers of Attorney authorizing and qualifying the Attorney-in-Fact named therein to execute bonds on behalf of the Carolina Casualty Insurance Company. and further, that the said Officers of the Company mentioned, are hereby authorized to affix the corporate seal of the said Company to Powers of Attorney executed pursuant hereto." RESOLVED FURTHER. this Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the company except in the manner and to the extent therein stated. RESOLVED FURTHER. this Power of Attorney revokes all previous powers issued on behalf of the attorney-in-fact named above. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond. undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officem of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. ~N WITNESS WHEREOF Carolina Casualty Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this ] 7~'h day of Jammry'. 1 7. 9000 O Attest: ~ ~---~ Caroli,?a Casualty Insurance Company By ~, ~'_.~,~~ By // ' ~ ~ ~' ~ Betty O.L S~therland Armin W, Blumberg k~ [ rata . ,~ ~f Executive~a0ff~ ce r STATE OF FLORIDAI COUNTY OF DUVAL) SS On this 17th day of ~, 2~_0_0~, before me personally came Bo~-~y C. ,quthorl ~nd , to me known, who. being by me duly sworn, did depose and say: that kl~'she is ,qm-r~'mrv of Carolina Casualty Insurance Company, the Corporation described in and which executed the above instrument; and thaiS, she knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal: that it was so affixed by order of the Board of Directom of said Corporation and that he/she signed his/her name thereto by like order. IN WITNESS WHEREOF. I have hereunto scl; my [ OFFICLAL NOTARY SEAL, [ pATRICIA M JOHNSON / [NOTARY PUBLIC STATE OF FLORIDA ] I COMMI..~ION NO. CC61b-749 I MYcOMMI'~IO,N EXP. FEB. 25,2001 ] hand and affiTp~:e%.h~ c'.ay~n Notary Public, State of Florida at Large CERTIFICATE first above written. L the undersigned, Secretary Of CAROLINA CASUALTY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a just. true, correct and complete copy of original Power of Attorney; that the said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set fbi'th therein, who executed the bond to which this Power of Attorney is attached, is in full lDree and effect as of this date. Given under my hand and the seal of the Company, this 6th day of Jllllts , 2002 ~e~'ty C. Su~herland .Secretary Corp. Ack. STATE OF NEW YORK ~ SS. COUNTY OF NASSAU ....... 2002.., before me personally came On this .......... 6~;k ........................ day of ........... Juu,~ ..... ELEANOR DOUDERA to me known, who, being by me duly sworn, did depose and say; that he resides in ............................................... ...... ~.~.~.~.._~.~.~....~ ....................................... .that he i~ the ............. ~.~.~.~.~.~. ........................................... of the.......~J'.~.~A. .~.~ .~.~....~?~ ......................... the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said cor- poration, and that he signed his name thereto by like order, a~,~.m,~,~ (~% CAROLINA CASUALTY INSURANCE COMPANY STATEMENT, DECE.MBER 31, '~001 (AMOUNTS IN THOUSANDS) STATUTORY BALANCE SHEET Admitted Assets Bonds Common & Prcl'ct't'cd Stocks Cash & Short Term Invesm~cnts Premiums Receivabtc Investment Income Receivable Reinsurance Recoverables Other Assets $ 136,104 14.022 73,496 42,227 2,041 3,358 7,949 Total Admitted Assets 279, 197 Liabilities & Surplus Loss & LAE Reserves Unearned Premium Reserves Drafts Outstanding Other Liabilities Total Liabilities Capital Stock Additional Paid In Capital Unassigned Surplus Total Policyholders' Sumlus Total Liabilities & Surplus $ 83,782 73,787 3,311 39,309 $ $ 200,189 3,687 52,090 23,231 79,008 279,197 President: Vice President: \rice President: ','ice President: Vice President: Corporate Secretary: Attain Waiter Blumberg Gary R. \Vothe Robert F. Flannery Barbara B. Murray Carroll D. Starmer Betty C. Sutherland Directors: Attain W. Blumberg Eugene G. Ballard [Fa Seth Lederman Michael J. Snead Carroll D. Starmer Edward A. Thomas Gary R. Wothe LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that the Town of Southold will receive sealed bids for solid waste hauling only 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: Thursday, June 6, 2002 TIME: 10:00 A.M. (LATE BIDS WILL NOT BE OPENED) The offer to be made in accordance with this Bid Solicitation shall include a bid on the following: A bid price per ton, to provide equipment and labor for hauling solid ~vaste and disposing solid waste at the Town of Huntington Resource Recovery Facility. [NOTE: THIS IS A HAUL BID ONLY. Under this bid, Southold solid waste MUST be delivered directly to the Town of Huntington Resource Recovery Facility. Under this bid, tipping costs at the Town of Huntington Resource Recovery Facility shall be the sole responsibili~' of and shall be borne directly by the Town of Southold, under existing contract between the Town of Soutbold and the Town of Huntington. Bidder should NOT provide disposal site tip fee costs under this bid.] The term of this Agreement shall be four and a half (4.5) years commencing on July l, 2002. 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 price shall not include an5' 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 ngb,, ,o reject any or ali bids and to waive info~wnalities, should this action be in the best interest oft. he Town of Southold. Bid Solicitation 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, Next, York 11971 Upon payment of non-refundable fifW dollars ($50.00) Bid Solicitation may be picked up at: Office of the Town Clerk Southold Toxvn 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 9:00 A.M, Thursday, May 23, 2002 at: Southold Town Hall Meeting Hall 53095 Main Road Southold, New York 11971 For further information regarding bidding requirements, contact Elizabeth A. Neville (631) 765-1800. For information regarding Town Of Southold xvaste program and hanl- disposal operations, contact James Btmchuck (631) 734-7685. ,All bids must be signed and sealed in envelopes plainly marked "Bid On Solid Waste Hauling Only Services ", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Tox~m of Southold is exempt. Dated: Ma)' 3, 2002 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MAY 9, 2002, 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 Toxvn Board Members Town Attorney Accounting Jim Bunchuck Data Construction Dodge Reports Brown's Letters Burrelle's Information Sen, ices Town Clerk's Bulletin Board 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: ~~ Pfintname ?~.~'Mc,',.,. t'~; maff~,.~ Corporate Title (if any) CompanyName '/"r,'~0;4 )~ Tl',,~.~?.~'f._4;,..~ (-~t'~ - Mailing Address ;l.v{ 61r&..,~u.,,'[L Phone Number (t.l~ n3¥1.-et~.-~3 BID ON Solid ~'aste HAULING Only BIDDER'S SOLICITATION SOLID WASTE HAUL SERyrlCES AGREEIMENT DOCUMENTS TOWN OF SOUTHOLD STATE OF NEW YORK TOWN OfSOUTHOLD May 2002 NOTICE TO BIDDERS Solid Waste Haul-Disposal Services The Town of Southold will receive sealed bids fbr solid waste haul 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: Thursday. June 6, 2002 TIME: 10:00 A.M. (LATE BIDS WILL NOT BE OPENED) The offer to be made in accordance with this Bid Solicitation shall include a bid on the following: A bid price per ton, to provide equipment and labor hauling solid waste and disposing solid waste at the Contractor's Solid Waste Disposal Site. The term of this Agreement shall be four and one-half (4-1/2) years commencing on July 1, 2002. And ending on December 31, 2006. Bids must be made in writing on the lomas 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 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 fbrty-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 $:bnns 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 1197l Upon payment of non-refundable fifty dollars ($50.00) Bid Solicitation ma.,,' 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 9:00 A.M~ Thursday, May 23, 2002 at: Southold Town Hall Meeting Room 53095 Main Road Southold, NY 11971 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 For further information regarding bidding requirements, contact Elizabeth A. Neville (631) 765- 1800. For information regarding Town Of Southold waste program and haul-disposal operations, contact James Bunchuck (631) 734-7685. TABLE OFCONTENTS GLOSSARY OF TERMS SECTION A- SUBMISSION REQUIREMENTS 1.0 Project Purpose 2.0 Schedule 3.0 Examination Of Agreement Documents 4.0 Intbrmation to be Submitted 4.1 Contractual Bid 4.2 Supplemental Intbrmation 5.0 Bid Format 5.1 Binding 5.2 Form Preparation 6.0 Submission of Bid 6.1 Withdrawal Of Bids 6.2 Questions & Addenda 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 Solid Waste 4.1 Quality and Characteristics 5.0 Progran~ 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 10 ll 11 12 13 13 13 14 14 14 14 15 15 15 16 16 16 17 17 17 17 17 19 19 2O 20 20 2O 20 21 22 23 23 23 24 24 24 24 25 25 26 6,0 Haul Services 6.1 Work Included 6.2 Equipment 6.3 Weighings 7.0 Safely and Health Regulations 9.0 Operations and Procedures 9.1 Supporting Data SECTION C CONTRACTOR BID FORM 1.0 Intent 2.0 General Bid Statement 3.0 Unit Price Bid Schedule 3.1 Compensation 3.2 Evaluation Unit Bid Price Formula 4.0 Bid Security Acknowledgment 5.0 Information Schedules Intbnnation Schedule A lnfom~ation Schedule B Information Schedule C In/brmation Schedule D lntbrmation Schedule E Intbrmation Schedule F Infom~ation Schedule G Information Schedule H Intbrmation Schedule I Information Schedule J Infom~ation Schedule K [ntbnnation Schedule L Intbrmation Schedule M 26 26 26 27 28 29 29 31 32 32 35 35 36 36 37 5 SECTION D - APPENDICES Appendix A Sample Operating Agreement Appendix B New York State Department of Environmental Conservation Permit Appendix C Accident Report 6 GLOSSARY OF TERMS ADMINISTRATOR -Shall mean the Coordinator of municipal solid waste (or his agent) of the Town of Southold, New York. AGREEMENT- Shall mean a Form operating a~eement set furth by' the Towll and resulting from this Bid Solicitation between the Town of Southold and the successful Bidder to be executed in 1997. 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 from ~Julv l , ora calendar 3,ear to June 30, of the next calendar year. BIDDER -Shall mean any party' or parties submitting in proper form a bid to pertbnn 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 __Jul,/1, 2002_. 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 6NYCRR 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 CONTRACT DOCUMENTS - Shall have the same meaning as Agreement Documents. CONTRACT YEAR - Shall have the same meaning as Agreement Year. CONTRACTOR - Shall mean the part), contracting to per~:brm the work. or the heirs, executors, administrators, agents, or successors thereof. COORDINATOR - Shall mean the coordinator of municipal solid waste ibr the Town of Southold. COUNTY - Shall mean Suffolk County, State Of New York. DALLY - Sunday to Saturday, inclusive. EPA - Environmental Protection Agency (Federal). HAUL-DISPOSAL SERVICES UNIT PRICE - Shall mean the Contractor's compensation in dollars tbr each ton of solid waste actually hauled fi'om 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 U.S.C. Section 6901 et seq.. or "hazardous substance" as defined under the comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 960l et seq., or "hazardous waste" as defined under New York Environmental Conse~'ation Law Section 27-0901 et seq., as each such law may be amended from time to time, and the regulations promulgated thereunder, and any analogous or succeeding Federal, state or local law, rule or regulation and regulations promulgated thereunder and (2) any other material which any governmental agency or unit having appropriate jurisdiction shall determine from time to time cannot be processed at the facility because it is harmful, toxic or dangerous. NOTICE OF AWARD - Shall mean written notice from the Town of Southold to the successful Bidder that the Town of Southold intends to award an Agreement to the successful Bidder, subject to compliance with all their terms and conditions of the Agreement Documents. NYSDEC - New York State Department Of Environmental Conservation. OSHA - Federal Williams-Steiger Occupations Safety & Health Act of 1970, plus subsequent revisions. GLOSSARY-2 8 OVv~rER - 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. PERM1TTEE - Shall mean an5, 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). RRF - Town of Huntington Resource Recovery Facility, located at 99 Town Line Road, East Northport, NY, 11731. 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 6NYCRR 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 tbr services, equipment, materials and/or labor. TOH Town of Huntington TOS Town of Southold GLOSSARY-3 SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS, AND AWARD BASIS 10 SECT[ON A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS AND AWARD BASIS 1.0 PROJECT PURPOSE The Town of Southold receives and must dispose of approximately l0,000 tons of solid waste am~ually. The Town of Southold {TOS) has entered into an agreement with the Town of Huntington (TOH) wherein TOS will send its solid waste to the Town of Huntington Resource Recovery Facility (hereinafter "RRF') tbr disposal. The TOS-TOH agreement runs through December 31, 2006. The purpose of this solicitation is to seek bids tbr the trucking of Southold's MSW to the Huntington RRF for the duration of thc TOS-TOH contract period. Annual tonnage of MSW to be shipped from TOS is expected to dsc duhng the contract period to approximately 12,500 tons. The Town of Huntington RRF is located at 99 Town Line Road, East Northport. NY 11731. 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 ma)' occur. The dates given are guidelines and should not be construed as finn dates or deadlines due to. the multiple parties involved in the decision making process. EXTENT DATE Transfer Station Visits By Appointment Pre-Bid Conference 9:00 AM, Thurs., May 23, 2002 Bid Opening 10:00 AM Thursday, June 6, 2002 Town Board Approval June 18, 2002 Agreement Executed On or Before June 28, 2002 Operations Commencement July 1, 2002 . 1l 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) ~ isit the site of the Town of Southold Transfer Station; (c) attend and be familiar with the outcome of the pre-bid conference (d) become thmiliar with conditions at the Town of Southold Transfer Station and Disposal Sites that may affect cost, progress, perl-bm~ance or furnishing of the work; (e) become familiar with and consider all federal, state and local laws, regmlations ordinances, permits, approvals and orders that may effect the cost, progress, perlbrmance or furnishing of the work: (f) study and carefully correlate the Bidder's observations with the Agreement Documents; and (g) notit5' the Town Clerk of all conflicts, errors or discrepancies in the Agreement Documents. Reference is made to the following Appendices which contain supplemental infon-nation 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 o f Southold Accident Report Reference is made to the Following intbrmation which is available tbr review by Bidders at the Town Clerk's Office during normal business hours - 8:00 A.M. to 4:00 P.M. Monday through Friday. i. Pending conceptual plans for the proposed Town of Southold Transfer Station. ii. Town of Southold Solid Waste Management Plan. This information is presented solely for the convenience of the Bidders and does not constitute part of the Agreement Documents. Bidders shall tbrm their own conclusions and opinions from this information and shall confirm any information contained therein regarding facilities and equipment through site visits. The Town does not guarantee the accuracy of any information contained in these documents. Bel:bre 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 xvhich 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, price and other terms and conditions of the Agreement Documents. The failure or omission of the Bidder to receive and examine any trbrm, instrument 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. 12 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 pertbrming and furnishing the work required by the Agreement Documents, and that the Agreement Docmnents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions tbr 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 4.1 4.2 INFORMATION TO BE SUBMITTED WITH PROPOSAL Contractual Bid For the purpose of assisting the Town in determining the responsible Bidders tbr this Bid Solicitation, the Bidder is required to submit the following minimum intbrmation with his bid: ii. iii. Contractor Bid Form Bid Security or Bid Bond Information Schedules A through M as applicable Supplemental Information as described in 4.2 Supplemental lnforn~ation 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 tbllowing subsections: Haul A detailed 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. ii. Litigation: A section briefly describing any current litigation which in any way may affect the Bidder's operational capability of useful life of the Solid Waste Disposal Sites. 13 5.0 5.1 5.2 6.0 iii. Subcontractors: 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 nmnber 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 Wmnen- 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 exent 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. BID FORMAT Binding The document(s) if bound shall be in a manner that will provide tbr 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 tlq0e from showing through, is acceptable. Paper with substantial recycled content is preferred. Form Preparation Bids shall be submitted in the Ibrm 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 Binder. 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. SUBMISSION OF BID Each Bidder shall submit six (6) separate complete sets of his Bid which shall be enclosed in a sealed opaque envelope plainly marked on the outside xvith 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 tnail, preferably registered, the sealed Bid, marked as above, should be enclosed in an additional envelope similarly marked and addressed to: Office of the Toxvn Clerk Town of Southold 53095 Main Road Southold, New York 11971 14 6.1 6.2 7.0 Bids received prior to the time of opening will be kept securely unopened. No bid received thereafter will be considered. Withdrawal of Bids Any Bidder will be given pemfission to withdraw its Bid upon receipt ora properly notarized written request made no later than the time set for opening. At the time of opening of the bids, if such Bid is included, it will be returned to the Bidder unopened. No bid may be withdrawn after opening until execution of the Agreement or rejection of all bids as provided herein. Questions & Addenda All questions about this Bid Solicitation must be submitted in writing to the following: Town Clerk Town of Southold 53095 Main Road Southold. New York 11971 No alterations to this Bid Solicitation will be considered valid unless in writing and issued as Addenda. All such addenda shall become part of the documents and all Bidders shall be bound by such addenda, whether or not received by the Bidders All questions must be received at least ten (10) calendar days before bid opening in order to be answered. It shall be the Bidder's responsibility to make inquiries concerning any addenda issued. All addenda will be on file at the Town Clerk's office at least twenty-four (24) hours before bids are opened. The Town will not be bound by oral clarifications. BID GUARANTY Each Bid must be accompanied by a bid guaranty (Section C, Schedule 5.0.K), without condition or qualification, which shall be in the sum of one hundred thousand dollars ($100,000.00). 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 from 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 draft 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 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 Agree~nent Documents are received from the 15 8.0 9.0 successful Bidder. 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 tbr Haulidisposal sel~'ices. The successful Bidder shall, at its own cost and expense, procure, execute and deliver to the Iown the following documents within ten (10) days of tbrmal Notice of Award by the Town. Pertbrmance Bond - A Performance Bond shall be in an amount of one million dollars ($1,000,000.00). 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 all damages it may suffer as the result of such breach. The Town's fights 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. CONSIDERATION OF BIDS The Town of Southold reserves the right to reject any/or all bids tbr hauling sen'ices 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: Provide equipment, labor, maintenance and management services to haul solid waste ti'om the Town of Southold Transfer Station to the TOH RRF as set forth in Section B - Bid Specifications. B. Reserve and provide a minimum available hauling capacity of 15,000 tons (52 weeks/year) yearly, allowing tbr seasonal and other peak periods. C. Provide evidence of all current valid state and Federal permits, licenses, local ordinances, etc., required by la~v to ship solid waste to the RRF. D. Provide evidence of physical and financial capability to pertbrm services described in the bid specifications. 10.0 SELECTION OF CONTRACTOR 16 Bids will be evaluated only if accompanied by the approved tbrm of bid guaranty. Only bids solicited from finns or combinations thereof; who have sufficient management, engineering capabilities, operating, and maintenance experience to fulfill the Town's goals and comply with the applicable local, state, Federal laws, ordinances, regulations e.g. New York State Department of Environmental Conservation. Resource Conse~'ation 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 at bids submitted in response to this Bid Solicitation. 11.0 ACCEPTANCE OF BID The acceptance ora 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 ora 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 14.0 14. l The Contractor specifically agrees that any Agreement shall be deemed executory only to the extent of the funds appropriated fur the purpose of the Agreement and that no 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. INSURANCE AND BONDS Insurance For the period from Agreement commencement date until one ( 1 ) )'ear 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. 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 Ibllows: 17 A. Contractor's Insurance - Insurance fbr liability for damage imposed by law of kinds and in the amounts hereinafter provided covering all work under the Agreement, whether perlrbrmed by Contractor or his subcontractors. The kinds and amounts of insurance are as ~:bllows: (l) Worker's Compensation Insurm~ce - A Policy covering the operations of the Contractor in accordance with the provisions of Chapter 41 of the Laws of 1914 as amended, known as the Worker's Compensation Law, covering all operations Of the Contractor, whether perfbrmed 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. The following insurance coverage shall be included: (a) Independent Contractor's Protective Liability- Covering work pertbrmed by subcontractors. (b) Completed Operations or Product Liability. (c) Contractual Liability. (d) Broad Fom~ Property Damage (e) Personal Injury. NOTE: If any of the rating classifications embody property damage exclusions C or U, coverage for eliminating such exclusions must be provided. Coverage for the above will be required in not less than the following amounts: SINGLE LIMITS OF LIABILITY: AGGREGATE LIMITS OF LIABILITY: $ 1,000,000.00 $10,000,000.00 (3) Automobile Liability Insurance - Policy shall include coverage for all owned as well as non-owned and hired vehicles, and limits shall not be less than the following amounts: BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY 18 14.2 Aggregate: $3,000,000.(10 Each Person Each Occurrence $1.000,000.00 Aggregate: $3.000,000.00 Each Occurrence $1,000,000.00 Bonds Prior to the execution Of the Agreement. the successful bidder shall furnish to the Town a Pertbrmance Bond wherein the named obligee is the Town of Southold. The Pertbrmance Bond's purpose is to secure the faithful pertbrmance of the Agreement. The bond' amount shall be set forth in Section A-8.0. The bond shall be executed by a surety company approved by the Town authorized to do business in the State of New York and with an office or representative in Suffolk County, New York. The form shall be acceptable to the Town of Southold and shall have a term through the completion of sen'ices. As an a alternative to the Performance Bond. the successful Bidder may furnish a certified check, bank draft, money order, or a standard fum~ irrevocable letter of credit, certified check, bmzk draft or mooey order must be made payable to the order of the Town of Southold. The standard tbrm irrevocable letter of credit shall be in a form acceptable to the Town of Southold. 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. 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 the Contractor's operation. This obligation shall be ongoing, survive the term of the Agreement and include, but not be limited to, claims coocerning non-sudden environmental impairments. The Bidder agrees to join in the cormnencement of any action or proceeding or in the defense of any action or proceeding which in the opinion of the Town constitutes actual or threatened interference or interruption with the Town's rights hereunder, including all necessary appeals which may be necessary, in the opinion of the Town. 19 16.0 PAYMENTS 17.0 Contractor shall receive monthly paytnents for services performed during the prior calendar month upon submission of an invoice (with a Town voucher) that shall contain an itemized list of municipal solid waste haul trips from the Town of Southold Transfer Station including the tonnage of municipal-solid waste and the manifest number tbr each load of municipal solid waste 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. DEFAULT In the event the Contractor thils to perlbnn 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/hr just cause. 18.0 TERM OF AGREEMENT The tem~ of this Agreement shall be tbur and one-half (4-1/2) years commencing on Jul,,' 1, 2002. 19.0 SERVICE AGREEMENT The Contractor shall be obligated to provide the Town with hauling services to the TOH RRF only. Under the agreement the Contractor shall not be responsible for providing, and is not obligated or authorized to provide, a disposal site for MSW. Under the agreement, the Contractor shall not be obligated or authorized to deliver TOS MSW to any disposal site other than the TOH RRF. This agreement does not limit or restrict the ability of the Contractor and TOS to enter into a separate agreement(s) to arrange for an alternate disposal site(s) tbr TOS MSW in the event an emergency or other condition causes the TOH RRF to be temporarily unable to accept TOS MSW. 20.0 SUBCONTRACTS The Bidder warrants that there ~vill be no subcontractor employed to haul TOS MSW to the RRF. 20 21.0 RIGHTS AND OPTIONS The Town of Southold, New York, reserves and holds at its discretion the fbllowing rights and options upon issuing this Bid Solicitation: 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 tbr 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 tbr 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. 21 SECTION B BID SPECIFICATIONS (TECHNICAL/MANAGEMENT) 1.0 SECTION B BID SPECIFICATIONS TECHNICAL,'IVIANAGE MENT REQUIREMENTS This request for bids is issued tbr the Town of Southold, State of New York. Town Hall, 531)95 Main Road, Southold, New York, 11971 (Telephone 1516) 765-1800) The effort, shall be known as the Town of S0uthold Solid Waste Haul Disposal Service. The Town of Southold desires to issue an Agreement with a qualified Contractor to haul a portion of its Solid Waste. The Town will need to dispose of approximately 10,000 12,500 tons of solid waste during the agreement years. The Contractor will ensure the Town that solid waste will be hauled from the Town of Southold's transfer Station to the TOH RRF. 2.0 3.0 'HAUL Provide equipment, labor, maintenance, management and policies to operate a transportation system for hauling solid waste from the Town of Southold transfer Station to the TOH RRF 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. [SEE NOTE AT END OF SECTION 6.21 PROGRAM GOALS AND OBJECTIVES The goal of this project is the continued safe and reliable hauling of the solid waste materials 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 haul operations proceed according to the provisions of this document and subsequent agreements/amendments are upheld. POTENTIAL REGULATORY AND OPERATIONAL CHANGES During the term of the Agreement, there may be a number of regulato~ and operational changes which may affect the quantities and types of solid waste received at the Town of Southold Transfer Station and delivered to the Disposal Site; the manner in which solid waste is handled by the Town prior to the loading of waste for transfer; and the equipment maintained and used by Town forces in the handling of waste to be transtbrred. 23 4.0 4.1 5.0 5.1 This Agreemer~t will not provide any guarantees with respect to the volume of waste to be hauled andor disposed of by Contractor or the specific operational techniques and/or equipment to be employed by the Town in the handling of waste at the Town transfer station. The Town reserves the right to designate another public body, private or public agency, group or authority to act in its behalf tbr administration of the Agreement at any time during the term of Agreement. CHARACTER OF THE SOLID WASTE 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 waste types generated in private households, and, therefore, can include broken furniture, small appliances, and other wastes generated in a private home or apartment as allowed under 6NYCRR Part 360- 1.2(a) regulations and the Garbage, Rubbish and Refuse Law, Chapter 48 of the Code o f the Town of Southold. Commercial waste may also be included in the solid waste stream. It may include any waste which is typically disposed of in dumpster or roll-offtype container boxes at restaurants, small businesses, light industries, hospitals, office buildings etc. It should not 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 noncompliance loads will be compensated under Forced Accounting (Appendix A-9). Quality and Characteristics The Town Of Southold's historical solid waste quantities and characterization data are available tbr review at the Southold Town Solid Waste Management District, County Rt. #48 and Zack's Lane, Cutchogue, NY. 11935. Bidders are cautioned that actual quantities may differ significantly from these data. 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 [he noncompliance waste in accordance with local, state and Federal regulations. Compensation fbr 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 solid waste from the Transfer Station during the following hours: 24 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 Martin Luther King Da5' President's Day Easter Sunday Memorial Day Independence Day Labor Day Columbus Day Election Day Veteran's Day Thanksgiving Eve Thanksgiving Day !,~ Christmas Eve Christmas Day New Years Eve 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. Rexnoval of waste on Sundays is frequently not required during the winter months. The Contractor will be expected to provide enough containers to empty the Transfer Station tipping floor on a daily basis, deliveD' and staging of an adequate number of containers for this purpose will be coordinated with Transfer Station Staff as needed. 5.2 5.3 Loading Mode The Contractor shall fully prepare transfer containers for loading, including assuring that container covers or empty containers are left open. [SEE NOTE AT END OF SECTION 6.2.l Solid Waste will be loaded by the Town at its Transfer Station using a front end wheel loader. 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 provide sealed containers for loading. This setw'ice 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 setMces under the term of the Agreement. The Town of Southold shall immediately be notified of any major occurrences such as bodily inju~, of structural damage to the Town's Transfer Station. An Accident Report 25 5.4 6.0 6.1 6.2 will be submitted to the Town within twenty-tbur (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 Transtbr Station· All accident and,or damage reports will be included in reports to the Town NYSDEC Part 360 Permit to Operate The Town Of Southold operates the Transfer Station under a Next' York State Department of Environmental Conservation (NYSDEC) Part 360 Permit to Operate. A copy' of NYSDEC Permit is included as Appendix B. HAUL SERVICES For Solid Waste Hauling Sen,ices-Agreement, the following sen'ices will include the tasks, responsibilities and pertbrmance required as outlined herein. 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 sen'ices 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 solid waste from the Town transfer Station to the TOH RRF in accordance with all local, state, and Federal regulations. [SEE NOTE AT END OF SECTION 6.2.1 · Financial liability and maintenance responsibility of transport equipment, i.e., dump trailers, transfer trailers bulk material containers, vehicles, personnel and sen.'ices for open-top loading solid waste hauling activities. · Coordination of haul services with disposal services. Equipment The Contractor shall provide reliable refi.tse 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 sen,ices 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 solid waste 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 therel:bre responsible lbr familiarizing itself with the Town of Southold Transfer Station site, solid 26 6.3 waste, 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 tbr 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 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, detbrmed or punctured trailers, roll-offboxes, or other containers of waste materials shall not be utilized at any time. Suitable covers shall be provided and used while transporting solid waste in open-top transport equipment. The bidder shall clearly indicate [he 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 unit. The Contractor shall maintain its own off-site maintenance shop facilities for servicing the transport equipment and vehicle fleet, unless it elects to subcontract tbr these services. No major maintenance may be done at the Town of Southold Transfer Station site. NOTE: In the course of this Agreement, the Town may, at its discretion, provide 1 or more transfer trailers for use by the Contractor. The Tou'n warrants that any such equipment provided would be compatible with hauling vehicles (tractorsd generally standard in the waste hauling industry. In the event that the Town wishes to provide such equipment for use by the Contractor, the Contractor together with the Town shall develop an addendum to this agreement governing such use. Weighings The Town will compensate the Contractor for waste material hauled on a net tonnage basis (short tons = 2000 pounds). The certified weighings will be made at the Southold Town Transfer Station. 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 TOS RRF 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. 27 6.4 7.0 Routing Mode - Contractor's Responsibility Contractor will have the right to select the route(s) lbr travel from the Town of Southold transfer Station to the TOS RRF. 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 hannless 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. 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: Maintenance safety procedures - guards and Shields on dynamic equipment, guards, railings, electrical lockouts, vehicle wheelblocks, audio vehicle backup alarms, vehicle wheel chocks, etc. Employee safety orientation, education, teaching, first-aid training. cardiopulmonary resuscitation, etc. Noise and dust control, ear protection, respirators, hard-hats, safety' shields, glasses, protective clothing, sanitary facilities, etc., Fire and explosion preventions, control, equipment (fire blankets, extinguishers. first aid hoses, etc.) and persmmel escape alternatives. e. Traffic flow control patterns. Accident or injury reporting system (the Town shall received copies of al 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 28 8.0 pertbrmance of the Agreement. The obligation exists twenty-tbur {24) hours a da)'. each and every day throughout the term of the Agreement. The Town of Southold shall not have any responsibility tbr 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. OPERATIONS AND PROCEDURES The Contractor will be required, prior to commencement of operations, to provide the lbllowing operational plans to the Town lbr review and acceptance. Revisions, modification's, and updates shall be forwarded to the Town throughout the term of the Agreement. Organization personnel and structure, showing the chain of comn'tand, names and telephone numbers and staffing requirements. Operational plan - shifts, hours, etc. Safety. disaster, and emergency procedures. Transportation plan, includiug available transport equipment, vehicle fleet and resen, e 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. 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. 8.1 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 operations which may be required by Town, County, State or Federal law. 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 records shall be considered essential to the operation. The Contractor shall keep these data in an organized fashion that allows lrbr 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. 29 Itl the event tile Town requires additional .mtbm~ation fbr reporting purposes, the Contractor will supply same. The Town, or its designee, may call upon the Contractor at anytime tbr an oral rex Jew of any technical matter. The Contractor shall file and update the following intbm~ation as specified herein. Items Haul Equipment (Schedule H) Haul Accident Report (Appendix C) Licenses, Permits and Inspection Reports All Bid Intbnnation Schedules Due as changes occur on occurrence on occurrence as changes occur 30 SECTION C CONTRACTOR BID FORM 31 SECTION C TOWN OF SOUTHOLD SOLID WASTE HAUL SERVICES CONTRACTOR BID FORM 1.0 INTENT The undersigned hereby recognizes that these documents are complementatT and are intended to provide for uniformity in bid evaluations. The tbrmal Agreements resulting fi'om this Bid Solicitation shall be in a tbrm provided by the Town. These documents are intended to depict complete Solid Waste Haul Sen'ices Agreement and therefbre any discrepancies contained in the documents, of the omission from the documents of express reference to any xvork which obviously was intended under the Agreement, shall not excuse or relieve the Bidder from furnishing the same. No oral statement shall in ,'my manner or degree modif,v 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 GENE1La~L BID STATEMENT TO: TOWN OF SOUTHOLD STATE OF NEW YORK 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 Bidders: 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, genera! conditions, bid specifications, and addenda, has familiarized itself xvith the sites of work, and hereby proposes to furnish all necessary services, permits, labor, materials, equipment, vehicles, and tools required to perform and complete the work in strict accordance with all of the bid documents written by or on behalf of the Town of Southold for this project. The undersigned Bidder agrees to abide by all conditions stated, intended, or 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 Solid Waste Haul 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 32 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 rnay incur as a result of the Contractor's thilure to 'perform ali acts necessary to the execution of the Agreement as pro~ ided iii 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: as follows: During the pert-brmance of this Agreement, the Contractor hereby agrees The Contractor shall not discriminate against any employee or applicant tbr emplo3anent because of age, race, creed, color, sex, marital status, national origin, physical disability, and shall take affirmative action to ensure that the5' are afforded equal employment opportunities without discrimination because of age, race, creed, color, sex, marital status, national origin or physical disability. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assigmnent, promotion, upgrading, demotion, transfer, layoft; or termination, rates of pay, or other tbrms of compensation, and selection training or retraining, including apprenticeship and on-the-job training. The Contractor shall comply with the provisions of Sections 290 through 301 of the Executive Law, Shall furnish all intbrmation and reports deemed necessary by the State Commission tbr Human Rights under these nondiscrimination clauses and such sections of the Executive Law, and shall permit access to his books, records, and accounts by the State Commission for Human Rights. the Attorney General. and the Industrial Commissioner for purposes of investigation to ascertain compliance with these 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 ora 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 efl:brts 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. 33 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 maimer that such provisions will be binding upon each subcontractor or vendor as to operations to be pertbrmed 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 belief: 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. 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. 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 rights 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 afuresaid conditions, to complete operations of the aforementioned Solid Waste Haul 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 fur in Section C-3. 34 The undersigned submits herewith a bid guaranty within the form prox ided b5 the applicable bid documents in the amount of $100,000.00 for any option or combination thereo~r~ In the event this proposal is accepted, and the undersigned tails, within ten (10) calendar days after date of receipt of Notice Of Award from the Town to execute and deliver an Agreement in the tbnn provided by the Town or fails to execute and deliver evidence of proper insurance coverage and performance bond in the amounts required and in the prescribed tbnn within ten (10) days after Notice of Award, the bid guaranty Shall be forfeited and be retained by the Town toward the satisfaction of liquidated damages and not as a penalty. Otherwise, the total amount of bid guaranty liquidated will be returned to the Bidder. The undersigned acknowledges the receipt of the tbllowing addenda, but it agrees that it is bound by all addenda whether or not listed herein and whether or not actually received, it being the Bidder's responsibility to receive and have knowledge of all addenda. ADDENDUM NUMBER AND DATES Number I - Dated: Number 2 - Dated: Number 3 - Dated: Number 4 - Dated: Number 5 - Dated: The Bidder has completed the Contract Bid Form and Unit Price Schedules in both words and numerals in accordance with these bid requirements. 3.0 UNIT PRICE BID SCHEDULE SOLID WASTE HAUL-DISPOSAL SERVICES SOUTHOLD TOWN, NEW YORK 3.1 COMPENSATION The undersigned hereby submits the following price bid to furnish Solid Waste Haul Sen, ices to Southold Town, New York for the terms July 1, 2002_ 2006. 'Z. oO.~ through December 3 l, HAUL SERVICES The Haul Service applicable unit price per ton for agreement year 2.,OOZ. - is ~g~_NTEEKI .~")OkLgiZ.5 '~ ~o/ dollars and 35 cents ($ 17 o_go The Haul Service applicable unit price per ton tbr agreement year 9009 is cents {$ I-7 ~ The Haul Service applicable unit price per ton for agreement year '745D. L~' is ~g. gqj"¥ve~"~Obblq, fL~ ~ °r'7/I ~ cents ($ I-]°c-7 The Haul Service applicable unit price per ton ~br agreement .,,'ear $ook, is, -- cents ($ I'-Ju~'~ ). (C4) The Haul Se~4ce applicable unit price per ton tbr agreement year -1 / 6 t~ cents ($ ~,-/~--~xl ). (C5) ). (Cl) dollars and ). (C2) dollars and ). lC3) 7.,003' - dollars and dollars and 3.2 EVALUATION UNIT BID PRICE FORMULA Evaluation Unit Bid Price = (C 1) 10,000+(C2) 10,000+(C3) 10,000+.5(C4) 10,000+.5(C5) 10,000 40,000 tons Evaluation Unit Bid Price = $ The evaluation unit bid price fonnula is designed to evaluate years four and five at .5 the evaluate of each of the first three (3) years. Bidder: Tv; Fifm-Corp6ration Authorized RepresentaUve Address Date 4.0 BID SECURITY ACKNOWLEDGEMENT I have attached the required bid security to this bid. 36 5.0 INFORMATION SCHEDULES Dated: [ agree to furnish and include the following intbrmation schedules itl addition to the intbrmation submitted with this proposal, as a part of this bid: Certification that the Bidder does not currently owe taxes, or other outstanding funds, or have pending or is currently invob,'ed in any litigation-involving the Town of Southold, State of New York (Schedule A, attached hereto). Location and address of the Bidder's main office and the main office of parent companies (if applicable) and Certified Statements of Ownership (Schedule B, attached hereto). Identification of Surety Company and its Agent. and xvritten certification from the Surety verifying the bond specified herein will be provided (Schedule C, attached hereto). 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). Detailed financial statement for the Bidder, and if applicable, for parent companies (Schedule E, attached hereto). Statement of Bidder's Qualifications and related experiences (Schedule F, attached hereto). G. Major Subcontractors - (Schedule G, attached hereto). H. Equipment- (Schedule H, attached hereto). I. Maximum Specified Capacity- (Schedule f, attached hereto). Information oil Bidder's Solid Waste Disposal Site(s) (Schedule J attached hereto). K. Form of Bid Bond (Schedule K, attached hereto). L. Performance Bond (Schedule L, attached hereto). Name of Bidder: Address of Bidder: M. [ ~ Operation Plan (Schedule M, attached hereto). - 37 Corporate Seal (If a Corporation) Incorporated under the laws of the State of Names and addresses of officers of the corporation: (President) Name iSecretary) Name Address (Treasurer) Name Address (If an individual or partnership) Names and addresses of all principals or partners Address Title 38 INFORMATION SCHEDULE A Town of Southold Bid Project Solid Waste Haul Services This Bidder (Bidder s legal name) herein certifies that as a Bidder, it does not currently owe delinquent taxes or other outstanding Funds, of having pending or currently involved in any litigation involving the Town of Southold, State of New York. Name ofJ~dder: _ 'Ir-,' ~; l- (Authorized Signature) NOTE: (I) (2) If blank not applicable, fill in with N/A If bidder owes the Town taxes or is involved in any litigation, a statement of explanation will be attached hereto. Tax/Litigation Certification BID (PROPOSAL) FORM Schedule 5.0.A Page I of 1 39 INFORMATION SCHEDULE B Town of Southold Bid Project Solid Waste Haul Services The following is intbrmation on the undersigned Bidder's office locations: Bidder's Main Office Manager's Name (Contact) Bidder's Parent Corporation Main Office Manager's Name (Contact) Parent Fim~'s Legal Name Street Address (Box Numbers) City State Zip Firm's L~gal Namb Street Address (Box Numbers) City State Zip Telephone Number The Bidder herein certifies that the is partially/wholly owned subsidiary of Telephone Number ' ]Firm Parent Firm This is owned Parent Firm By or is a public/private stock corporation. Bidder Office Locations/Ownership Certification BID (PROPOSAL) FORM Schedule 5.0.B Page I of 2 4O INFORMATION SCHEDULE B - (Continued) Name of ~lder: t c', A, ~' ~ Date: Note: (l) Any attachments or modifications to this form shall be labeled Schedule 5.0.B, and properly' integrated into the Bid Form, (2) If blank not applicable, fill ill xvith N/A. Bidder Office Location/Ownership Certification BID (PROPOSAL) FORM Schedule 5.0.B Page 2 of 2 41 INFORMATION SCHEDULE C Town of Southold Bid Project Solid Waste Haul 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 Pertbnnance Bond, specified in the Contract Documents, in the event the Bidder enters into an agreement with the Town. The Surety Company herein certifies that such Company is licensed to do business in the State of New York. (L.S.) Principal (SEAL) Surety Company By: Bidder Office Location/Ownership Certification BID (PROPOSAL) FORM Schedule 5.0.C Page I of I 42 INFORMATION SCHEDULE D Town of Southold Bid Project Solid Waste Haul Services The Bidder herein certifies that the below named individuals are the current registered corporate officers, along current permanent addresses, and designates their authority' to execute an Agreement on behalf of the firm Officer's Name (~:,oe._ Co[~- Officer's Name Subsidiat? Parent Corporate Title ¢c~.~: ¥,....7[' Corporate Title Address $?~:t- '~ ,..u,. ~ Address City $ ,1.,., ~ ~.~-,-rr City State, Zip ~'-t State. Zip Officer's Name "'~q4't-: ~_: ,. ~; M ~.~.,- Officer's Name Subsidiary t Parent Corporate Title $~,..4,1' / /"r-, ~, ~. Corporate Title Address G~ e, ~,', ~v.~t~- ~ Address City' t'~'~ 4 ~4;~, ~ _ City State, Zip vO h' State, Zip Officer's Name Officer's Name Subsidiary Parent Corporate Title Corporate Title Address Address City City State, Zip State, Zip Current Corporate Officers BID (PROPOSAL) FORM Schedule 5.0.D Page l of 2 43 INFORMATION SCHEDULE D - {Continued) Officer's Name Subsidiary Corporate Title Address City State, Zip Corporate Seal Officer's Name Parent Corporate Title Address City State, Zip Name/~r ~ ~r-lt ,,..{- ~ ~.,~ By: Date: NOTE: If blank not applicable, fill in with N/A Current Corporate Officer BID (PROPOSAL) FORM Schedule 5.0.D Page 2 of 2 44 INFORMATION SCHEDULE E Town of Southold Bid Project Solid Waste Haul Services STATEMENT OF BIDDER'S FINANCIAL CONDITION This Bidder agrees to provide for any subsidiary and parent finn, and hereto attaches a current or the most recent audited financial Statement{s) including as a minimum the firn~s 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 currently has an available line of credit in the amount of $ . A supporting documentary evidence attached to this form is supplied by: Name Address Date The undersigned Bidder certifies to the validity of statement and agrees to furnish any other infornmtion 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 I of 2 45 INFORMATION SCHEDULE E - (contilmed) The undersigned hereby authorizes and requests any person, firm or corporation to furnish an3, intbrmation requested by Town of Southold, New York in verification of the firu~s financial condition. Dated at This/(.a' '~ da3' °fx~ N~me of Bidder ~4y' J T~,,. Title State of New York, County of is 5,=,--'t,/' /Tc~.q3 · of Title ak,_ being dui>' swom deposes and saws that~r~ Na'me of Orgfinization and that the answers to the foregoing questions and all statement therein contained are true and correct. Sworn to me this My Commission expires: day of ~ ,20 O~ JEANIE BORGESANO I~I'ARy PU,,BLI .C, State of New ~ NOTE: ( 1 ) (Bidder may submit additional information desired as Schedule E attachments.) (2) If blank not applicable, fill in xvith N/A Bidder's Financial Condition BID (PROPOSAL) FORM Schedule 5.0.E Page 2 of 2 46 INFORMATION SCHEDULE F Town of Southold Bid Project Solid Waste Haul Services The Bidder herein certifies that it is qualified to per/brm the work covered by this proposal, and that it 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 City State Zip 3. State incorporated: k,) ~" Year incorp.: ~ '~ 4. New York State; Business License No.: -fl~' II- 5. No. Years in contracting business under above name: ~ 6. Has firm ever defaulted on a contract? Yes No v// 3,'ears. 7. Gross Value - work under current contract: $,4,R,~,~- ,g/,m,'t ..//~,,e, 8. Number of Current Contracts: 10. Has Firm ever failed to complete work awarded? Yes If yes, attach supporting statement as to circumstances. No Qualifications Summary BID (PROPOSAL) FORM Schedule 5.0.F Page 1 of 3 47 INFORMATION SCHEDULE F (continued) 11. Related Experience Reference (within previous 5 years) l 1. I Project Title: O~.vnel"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: Initial Bid Value: $ Final Complete Project Value: $ Brief Project Description: Qualifications Summary BID (PROPOSAL) FORM Schedule 5.0.F Page 2 of 3 48 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: 12. Principal Finn Members' Background/Experience (3 members minimum). Attach current resumes as Schedule 5.0.F supplement or give concise description by individual. Nameof~der: T't'jn[4 v '(Authon'~ed Sigfiature) t , 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 applicable, fill in xvith N/A. Qualifications Summary BID (PROPOSAL) FORM Schedule 5.0.F Page 3 of 3 49 INFORMATION SCHDULE G Town of Southold Bid Project Solid Waste Haul Services The Bidder hereby states that it proposes, if awarded an Agq'eement to use the tbllowing haul sub-contractors on this project. 2. 3. 4. 5. 6. 7. 8. 9. 10. NOTE: Sub-Contractor' Contract Trade,, Individual Address Phone # Specialties By: Y~--'~~ Date: f (Autl{orized Signature) If blank not applicable, fill in with N/A Subcontractors BID (PROPOSAL) FORM Schedule 5.0.G 5O INFORMATION SCHEDULE H Town of Southold Bid Project Solid Waste Haul Services The Bidder states that it owns the tbllowing pieces of equipment that are available for use on the project, if awarded the agreement. Equipment Item Proposed Project Use Current Equipment Location By:/~,~~t Date: ~/~/d Z'/ NOT E: Any supplemental attachments or modifications to this form shall be labeled Schedule 5.0.H and shall be properly integrated into the Bid Fom~. If blank not applicable, fill in with N/A Construction Equipment BID (PROPOSAL) FORM Schedule 5.0.H 51 INFORMATION SCHEDULE I Town of Southold Bid Project Solid Waste Haul Sen'ices The Bidder hereby states that it will be prepared to haul up to the following Maximum Specified Yearly Capacities in tons of Town of Southold solid waste if awarded an agreement Contract Year Maximum Tons per Contract Year Maximum Specified Capacity BID (PROPOSAL) FORM Schedule 5.0.I 52 INFORM[ATION SCHEDLrLE J Town of Southold Bid Project Solid Waste Haul Services Are you willing to q3.eet with the Town of Southold to discuss 3'our short and long term hauling capabilities? Yes Ns No The undersigned hereby certifies that services, material, equipment to be furnished as a result of this bid will be in accordance with Town of Southold specifications applying thereto unless exceptions are indicated above and an explanation attached. By Signature Bidding Company Address & t ~ City State NAME AND TITLE Zip Phone No. Ct~ 3 ~t"x- CORPORATE SEAL 53 Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM INFORMATION SCHEDULE K FORM OF BID BOND Schedule 5.0.J Page 7 of 7 KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto Owner in the sum of as for the payment of which, will and 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 Toxvn of Southold a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, fur the hauling of solid waste; 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 off 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 per/brmance of said Agreement, and for the payment of all persons performing labor or furnishing materials in connection therexvith, 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 and 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. 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. Form of Bid Bond B[D (PROPOSAL) FORM Schedule 5.0.K Page 1 of 3 54 IN W[TNESS WHEREOF. the Principal and the Surety ha~e hereunto set their hands and seats, 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 3,'ear first set fbrth 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 o f the corporation described in and which executed the tbregoing instrument; that he knows the seal of 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 55 (ACKNOWLEDGMENT BY CONTRACTOR, IF A PARTNERSHIP) STATE OF: COUNTY: On this ) SSN: day of ,20 betbre me personally came , to me known, and kllown to me to be a member of the firm of , and known to me to be an individual described in, and who executed the tbregoing instrument in the firm name of and he duly acknowledged to me that he executed the same tbr and in the behalf of said fim~ ibr the uses and purposes mentioned therein. Notary Public (ACKNOWLEDGEMENT BY INDIVIDUAL CONTRACTOR) STATE OF: ) COUNTY: ) SSN: On this day of ,20 before me personally came , to me know, 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 56 INFORMATION SCBEDULE 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, lbr the pa)qnent 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 da)' of ,20 , with the Owner for the Town of Southold Solid Waste Haul-Disposal Se~,ices, a copy of which Agreement is annexed to and hereby made part of this bond as though herein set l:brth 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 fi.om all cost and damage which it may suffer by reason of failure so to do, and shall fully reimburse and repay the Owner for all outlay 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 sen, ants, 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 tbrce and effect; Perfonnance Bond BID (PROPOSAL) FORM Schedule 5.0.L Page 1 of 2 57 PROVIDED HOWEVER, the Surety, tbr the value received, hereby stipulates and agrees, if requested to do so by the Owner. to 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 fails or neglects to so fully perlbnn 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 for the completion thereofi and further PROVIDED HOWEVER, the Surety, for value received, for itselfi and its successors and assigns, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no may 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 perlbrmed 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 co assignees, subcontractors, and other transferees shall have the same effect as to said Surety as though done or omitted to be done by or in relation to said Principal. IN WITNESS WHEREOF, the Principal has hereunto sec 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) By: Attest: Principal Add Corporate Seal By: Attest: Address of Surety: Surety Perfbrmance Bond BID (PORPOSAL) FORM Schedule 5.0.L Page 2 of 2 58 INFORMATION SCHEDULE M OPERATIONAL PLAN The Bidder hereby states that it proposes to implement the following operational plan to haul Municipal Solid Waste (MSW) from the Town of Southold Transfer Stationl if awarded an Agreement. I. Haul Summarize the manpower and equipment you will make available to perform under this Agreement. Operational Plan BID (PROPOSAL) FORM Schedule 5.0.IVl Page Iofl 59 APPENDIX A SAMPLE OPERATING AGREEMENT 6O 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 20 , ("Bid") in response to the Town's Bid Solicitation for Solid Waste Hauling Ser~ ices dated ,20 , ("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 sen'ices in connection with the handling of solid waste, NOW, THEREFORE, it is mutually covenanted and agreed by and between the parties hereto as follows: I. DEFINITIONS - Terms defined in the Bid Solicitation shall have the same meaning as if defined herein. II. SCOPE OF SERVICES - The Contractor shall perform the sen'ices in accordance with the description of those sen'ices as set forth in the Solicitation. Ill. TERM OF AGREEMENT The term of this Agreement shall be Four and One-Half (4-1/2) years commencing on · 20 APPENDIX A-1 61 PRICE SCHEDULE 'COMPENSATION The unit bid price schedule tbr the services to be furnished by Contractor is tbund in Section C - ~.1," '> _ ~._. Contractor's bid which is incorporated into this Agreement. V. PAYMENTS A. The Contractor shall receive monthly payments for sen'ices pertbnned 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 to the TOH RRF and disposed by Contractor at the TOH RRF 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 pasqnent owning to Contractor any sums expended by the Town to cure any default or other Agreement non-compliance by Contractor or to protect the Town t¥om loss on account of claims filed or reasonably anticipated to be filed. VI. CONTRACTOR'S WARRANTIES AND REPRESENTATIONS Contractor makes the following warranties and representations: A. Contractor represents that the Town has made no commitment under this Agreement with respect to the volume solid waste 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 regulations applicable to ail of the sen, ices to be performed 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%) or more of its work hereunder, Contractor shall submit to the Town an and a WBE Utilization Plan, prior to execution of this Agreement. APPENDIX A-2 62 VII. INDEMNIFCATION INSURANCE/BONDS A. Contractor agrees to defend, indemnity' and save ham~less the Town of Southold against any and all liability, loss, damage, detrimeut, suit, claim, demand, cost, charge, attorney's tees 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 thilure to can'5' out any of the provisions, duties, services or requirements of this Agreement, whether such losses and damages are suffered or sustained by the Town directly or by its employees, licensees, agents, engineers. citizeus or by other persons or corporations, including any of Contractor's employees or agents who may seek to hold the Town liable therelbre. This obligation shall be ongoing, shall survive the term of this Agreement and include, but not be limited to, claims concerning non-sudden environmental impairments, The Contractor shall join in the commencement of any action or proceeding or in the defense of any action or proceeding which in the opinion of the Town constitutes actual or threatened interference or interruption with the Town's rights hereunder, including all appeals which, in the opinion of the Town, may be necessary. B. Contractor shall procure and maintain the insurance described in Section A of the Solicitation for a period commencing on the date of this Agreement and tern~inating 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. APPENDIX A-3 63 C. Cootractor shall, for the period of the performance of services hereunder, maintain a Performance Bond in the amount of one million ($1,000,000.00) 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 TOH RRF 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 perfom~ any obligation hereunder (except for pa:~xnent 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 tbr not performing an obligation or complying with any condition required of such party under the Agreement, the time for fulfilling that obligation shall be extended day-by-day for the period of the uncontrollable circumstance; provided, however, that the contesting in good faith or the failure in good faith to contest such action or in action shall not be construed as willful or negligent action or a lack of reasonable diligence of either party. Subject to the foregoing, such acts or events shall include the following: (1) an act of God (but not including reasonable anticipated weather conditions for the geographic area of the Town or TOH RRF) hurricane, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts ora 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 TOH RRF 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 TOH RRF; APPENDIX A-4 64 (3) go~ ernmental pre-emption of materials or services in connection with a public emergency or any coodemnation or other taking by eminent domain of an3' portion of the transfer Station or TOH RRF: and 14) 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 sub-contractor; (c) union work rules, requirements or demands which have the effect of increasing the number of employees employed otherwise increase the cost to the Contractor of operating its haul operation (d) equipment lhilure; (e) any impact of prevailing wage law, customs practices on the Contractor's costs: (f) any act. event or circumstances occurring outside of the United States, or (g) any change in law or in the permit conditions or status of the Transfer Station Disposal Site or the TOH RRF. IX. SUBONTRACTS Contractor shall not enter into any subcontracts in connection with the services to be pertbnned 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 Labor La~v relating to the pa3xnent 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 requiremenk all costs be borne exclusively by Contractor. APPENDIX A-5 65 X[. 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 perlbm~ additional services beyond the scope of those described in this Agreement, the Contractor shall be compensated i-hr such additional sen'ices on the tbllowing basis: TOTAL COMPENSATION FOR ADDITIONAL SERVICES DIRECT LABOR COST + DIRECT MATERIAL COST + OVERHEADO + 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 off the Agreement. B. DIRECT MATERIAL COST shall be those costs actually paid by 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 York State Tax Law, 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. PROFITS shall be 5?/o 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 Toxvn 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 co' perform its obligations under the Agreement, the Town may tern~inate the Agreement, procure the ser¥ices from other sources and hold the Contractor responsible for any costs incurred. This Town also may deduct such costs from APPENDIX A-6 66 payments owing to the Contractor and/or draw upon the Pertbm~ance Bond as Full or partial reimburselnent for such excess costs. The Town reset:'es the fight to terminate the Agreement tbr just cause. XIV. SERVICE AGREEMENT The Contractor shall be obligated to provide the Town with hauling services to the TOH RRF only. Under the agreement the Contractor shall not be responsible tbr providing, and is not obligated or authorized to provide, a disposal site for MSW. Under the agreement, the Contractor shall not be obligated or authorized to deliver TOS MSW to any disposal site other than the TOH RRF. This agreement does not limit or restrict the ability of the Contractor and TOS to enter into a separate agreement(s) to arrange for an alternate disposal site(s) for TOS MSW in the event an emergency or other condition causes the TOH RRF to be temporarily unable to accept TOS MSW. XV. LIMITATION OF FUNDS The Contractor agrees that this Agreement shall be deemed executory only to the extant of the funds currently available for the purposes of this Agreement and 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, any actions or claims by either party hereto shall be commenced in Supreme Court, Suffolk County, New York. In the event the parties agree to arbitrate a dispute, such arbitration shall be conducted in accordance with the rules of the American-Arbitration Association. In no event shall any demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitations. An award rendered by arbitrators following any such arbitration shall be final and Judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereot: APPENDIX A-7 67 XVI[. MISCELLANEOUS A. This Agreement shall be governed by the laws of the State of New York. B. Contractor shall not assign, convey or otherwise transfer its rights or obligations under this Agreement without the prior written consent of the Town. C. This Agreement, including all Exhibits and documents referred to herein, along with the Specifications, Solicitation and the Bid, and all Appendices and Exhibits thereto, represent the entire agreement between the Town and Contractor relating to the Sen'ices to be pertbrmed hereunder. This Agreement may be modified only by written agreement of Contractor and the Town. D. To the extent of any inconsistency among the documents constituting the agreement of the parties, the priority among those documents shall be: 2. 3. 4. This Agreement: 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 an assignment for the benefit of creditors or s 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 held themselves out nor claim to be an officer or employee of the Town of Southold nor make claim to any right accruing thereto including, but not limited to, Worker's Compensation, Unemployment Benefits. Social Security or retirement membership or credit. G. If any provision of this Agreement shall for any reason he held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement and this Agreement shall be enforced as if such invalid and unenforceable provision had not been contained herein. APPENDIX A-8 68 H. Contractor agrees that it shall not discriminate and that it shall cause there to be no discrimination against any employee who is employee in the work, or against any applicant Ibr such employment, because of race, religion, color, sex, age, marital status, handicap or national origin in any maimer 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/bllowing: employment; upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other tbm~s 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 tbllows: [fto the Town: With a copy to: Superx, isor of the Town of Southold Town Hall 53095 Main Road Southold, New York 11971 Solid Waste Coordinator Town of Southold 53095 Main Road Southold, NY 11971 If to the Contractor: IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. TOWN OF SOUTHOLD By: Joshua Y. Horton, Supe~'isor By: APPENDIX A-9 69 APPENDIX B NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PERMIT · 70 7l 72 APPENDIX C Town of Southold Accident Report 73 ACORD. CERTIFICATE OF LIABILITY INSURANC ., ,_% 03/07/02 nMERRICK ROAD THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Trlnity Transportation Corp. 214 Bly~en~u=gh Rd Central I$1ip NY 11722 COVERAGES APB5273291 10/30/01 10/30/02 10/30/01 04/07/02 1000000 %000000 !X RE-ES~CN S 10000 10/30/01 10/30/'02 ~ 10000000 $ D EM PLOY E~$' L:~ B:L;'"F WC61569550 10/29,/01 10/'29/02 S_-~:C:-~CC:CEhT ~ 500000 i.%E: A~i Locations, All Operations CERTIFICATE HOLDER ACORD 25-.S (7/97) CANCELLATION cD ACORD CORPORATION 1998 ACORD. PI~ODUCER ' PHONE J ~,NNj., ~U: 516-799-8222 Bender Ins. AgT, Inc. BR#Z 'VEHICLE SCHEDULE. CODE: i SUB CODE: AGENCY CUSTOMER ID CSR JS 08/07/01 10/30/00 j 10/30/01 I X ~GE~CV~EL I VEHICLE DESCRIPTION VEH# I Y~'R~MAKS: MACK 001 11979l MODEL: RD CITY. ETATE, ZIP IS~IA ~ WHERE G~GED 002 19Sl, MODEL: 10-WHEELER BODY 'EYe^GE -' COStN~ bPS: T~.CTOR ~' J 5'7 V.].N.: R686530778 ....... ,6 s 49500 ~OW'NG I.~ I ,ST*~'T ~ --3000 [~ LIAS ~ MED PAY & LABOR FT COMP -- rx ~,P ~U.,NS ,S.~C MOTOR COFL ~ COLE $ ~137 [ ~ COLE BODY 'PfPE: TRACTOR ~ ~ J I SYM/A~E V.LN.: 1M2B156CXBA002612 16 075 36499 II LIAS UNINsMED PAY ~ SPEC&I~BOR FT COMP AA [~ STAMT PIP ~ MOTOR COFL F~n,V COLE I s #61 COST N~N 80000 FARTHESTTERM ~ COMP~ COFL 3000 3000 COLE BODY 003 L~995:~oD~L: JO~L~Z~7/~ )IV'I'N': 4 $ 40000 ] WHEREGA~GEDj C'~.STATE. ZIP IS~IA ~ [~ TERR075 G~/~CW :; 68'99c~ssicI FACTOR .[S~TCP~ ~OiUSll FARTHEST TERM ~ . =H,C, * ~,~ ~NO~,~' ~ I~L~ io~oUC~-'L~s ~I~c¥[~COM~I I~ ~D TOWORWSCHOOL USE , X~COMM'L I COVE~GES~ DD'L X ~ MOTOR ~ TOWiNg COMP ~ ~ ~A'~ S 3000 ' UNINS SPEC I 15 MILES OR OVER ~ FARM : SERVICE J X P~P ~ MOTOR ~ COFL ~ ' X, COLE ' S ~7~T r s 3000 COLE 00~ : [99~m MOO~L: C~ i V.~.N.: [~2~37~00187~ ~ ,ms 80000 m ~R,VE TO WO.~SC.O0~__USE X ! ~OMM,L 005 1994! MODEL: CL 006 1994 MODEL: 007 1994, MODE I SLA/~DIA DRIVE TO WORK/SCHOOL USE AC ORD. 129 {3/~3)a X COLE S ~27 S 3000 COLE BODY TYPE: TRACTOR ~ ,~J SY~AGE COST NEW V.I.N.: 1M2AD37YXRWO 0187 ~ 4 80000 1075 120000 ; 36499 I 075 120000 36499 : I RETAIL I X LIAB m~ ~ m $ ~BC" ~ ~ ~O''~ ' ~ -- ST 'MT 3000 075 120000 36499 : I COMM'L ~GES[ V ADD'LPIP' dNDRINS m CSp DEDUCTIBLES ~C','m m- , sPEC i VEHICLE DESCRIPTION (con't.) VEH ~ i YEAR . MAKE: MAC~ 008 ,19931 TL : BODY ;~ ~:~ SyM/AGE COST ~4EW I TY.E: TRACTOR , IV.LN.: 1M2/tD27YSPW001048 /; I 5 ,$ 80000 TERR i GVWIGCW i CLA~S I SiC FACTOR SEATCP' RADIUS FARTHEST TERM I I 075 120000 3~499 UNDERISMILESI ~L~SU~E RETAIL I X' LIAB MEDPAY ~ &t~,BOR ; F'T COMP ~ ~A ) : STAMT S3000 15bI{LESO~O~ERm FARM : SERVICE I X PIP m X~MOToRUNINS ~ C~L I I ~/ COLL I S ~[~ S3000 COL[ BODY SYIWAG E COST NEW VEH # , yEAR i MAKE: ~'-.~C~'~ i TYPE: TRACTOR '~ 7.-,J , 009 ~1993! ~DEL:I CL I VJ.N.: 1M2~27Y6PW001060 5 S 80000 m TERR ) G~IGCW ~ C~S SIC [ FACTOR :SEATCP; ~omus FARTHEST TERM ORNETOWOR~SCHOOL COMM'L ADDL P ~ MOTOR ~ F ' ' ~p I DEDUCTIBLES I .. I A-V ' "I .... , I SPEC  TOWING UNINS I SPEC ' ~ ~ COLL , S ~21 : $3000 COLL ~cK ~.E: T~CTOR ~ ~ VEH# [ YEARLM~E: 010 ; 1994. MODEC: CL V.LN.; 1M2AD37Y8RW001876 I 4 IS 80000 CITY, STATE. ZIP ISLAR-DIA NY WHERE GARAGED ~RIVE TO WORK/SCHOOL USE UNDER 15 MILES PLEASURE 15 MILES OR OVER FARM 013.I 1994 MODEL: CL TERR GV'~VIGCW i CL~S I SiC [ FACTOR I SEAT CP' RADIUS FARTHEST TERM I 075 120000 36499 I r ~ ' C)'~ECX UNDRINS I ' I I ~J Mpt SPEC RETAIL LIAB MEDPAY &~BOR FT COMP , ~ ~ STAMT LS3000 SERVICE ] ~ ~ PIP ~ ~ UN[NS SPEC MOTOR COFL ~ ~ COLL ~3~ [ S3000 COLL aooY ~ ~ m S~AGE ; COST N~ m WPE: ~C~OR mVJ.N.: [~2~37~3~001509 ; ~ rS 80000 CITY, STATE. ZIP ISL2tNDIA NY WHERE GARAGED V,~m,~m~ I YEAR [ MAKE: ~ACK ~ 11994' ~OCEL: CL CITY, STATE, ZIP ISLANDIA NY I WHERE GARAGED I 075 ' ~64~ ! ' i~ ' CHE¢. ~ ~ DEDUCTiELES , .~Cv TOWING VEH~ m Y~Rm~KE: ~ ~ t~ ~PE: T~TL~ /~7 SY~AGE COVE' G S X ME PA¥ ,. .OR :X,OOMP ooo PIP MOTOR COFL ~ I X COLL ~:~23 I S3000 COLL m BODY T~CT0~ : V.LN.: 1M2~37YgRW001398 4 S 80000 ~ [ ' ~000 ' S3000 COLL TERR ; G~/GCW C~S SIC m FACTOR ' S~T CP ~DIUS FARTHEST TERM 68499 m 075 X: CC~,,M'L ~-~VE~GESI X ,I~rAIL ~ L~AS '~ VEH~ I YEAR I ~KE= ~ ,~O~'~ IBODy ~'~kTT."~.'~ I , ~PE: /~/ ; SY~AGE , COST N~ Cia, STATE, ZIP IS~IA ~ jTERR m~ ~ G~/GCWi smc FACTOR S~TCP' ~DIUS; ; FARTHEST TERM WHERE GA~GED 0 7 6 8 4 9 9 ' m iDO,Lp,p , V UNDRNNS m ~ I p OEDUCT)BLES , , I m m sP~g ;l~, STATE, ZIP [S~IA ~ m TERR , G~/GCW [ C~SS SIC FACTOR , S~T CP' ~OIUS FARTHEST TERM ACORD 12g (3/S3)a. ' ' ATFACHTO BUSINESS AUTO SECT[ON · . ' · VEHICLE DESCRIPTION (con't.) 017 ;19941MOO~L: D~ ~V.I.N.: 1M2P267Y2~020646 4 ~5 80000 WHERE G~GED 075 120000 [ 36499 ~ I ~ CHECK . ~ ; DEDUCTIBLES , XlACV ~ 15MIL~SOROVER FARM SERVfCE i~ ~ P ; X ~OTOR ICOFg ~ F%~ tOLL /~37 S 3000 018 r[gg~'~D~L: D~ ~ [~2~267Y[~020850 80000 ~ row~.~ ~ COM..~ St*UT tS3000 UNDER 15 MILES PL~SURE R~AIL ~ LIAS ~ MED PAY ~ & ~BOR ~19 m 1995m ~=; w~KI~ m v.m.N.: 1E1UiX289S~G17623 : 3 ~ S 50000 WHERE G~OEOC~, STATE, ZIP IS~IA ~ mi TERR )075 ~ G~/Ocw 68~99c~ s,cmj FACTOR,ms~cP; ~=us :. FARTHESTTERM ~ 199~0EL: WAr.KiNG Iv'I'N': 1E1UlX285SRG17635 m 3 ms 50000 m &~BOR ) m FT~) COMP --~ ~ '~ STAMT ~ P~P m ~MOTCR ~ SPECcoFL ~ ~ ~ , COLL S ~03~ 30~ CQL~ ' ~ ~ ~ , m TOWING mm ~ FT -- m ST kMT ~ 0 0 0 ACORO. 1.29 (3~3)a AT~ACH TO BUSINESS AUTO SECT[ON VEHICLE DESCRIPTION (~n't.) . . ' ' VEH ~ ; yEJ~R I MAKE: '~]AST I BODY TYPE: T~%TLE~ ~ ;J 7 024 1995 MODEL: W2%LKING ~ V.LN.; 1EiIIIX289SRG17640 I 3 [3 5oooo -- -- ~ ~ :ow,.G r~Fm ~Z i : 1'3000 m v.m.N.: l~lUlX280SRG17641 m 3 ) S 50000 WHW~a~A~GEO m 075 ~ m 68499 , ~026 [ 1995) MODEL: W~KING v.m.N.: 1EiUlX282SRG17642 ] 3 S 50000 WHERE GARAGED 075 Ir 68499 15 MILES OR OVERi ;FARM : ISERV,C~m x,P,~ ~X MOTOR ~COFC ) m~ VEH~ m ~m~: A~OC~ ~: T~UC~ C~,ST~TE, Zm ISLANDIA NY WHERE GARAGED DRIVE TO WORFJSCHOOL i use UNDER 15 MILES PLEASURE . 029 · 1995' MODEL: ; WHERE GA~GED I SLA/TDIA i SIC FACTOR ISF~TCP' RADIUS I FARTHEETTERM 'X DOLL i$ ~!07T $3000 COLLI ! V.I.N.: 1WAUDCVG,Y. HD'304346 , 6 i s 8oooo 075TERR I G~/OCW 33499D~S s,c=,l FACTOR SEATCP RADIUS ]: FARTHESTTERM X' COt~,t, rL ~L~_~[:/ERA~ES~ A DE P ~J UNDmNS DEGUCTIELEE I [AC, SExy,cE X P'~ X;UOTC~ I ~ , CCF~ ~ I x COLL ~113T s3000 CaLL TYPE: T~ILER ~ )1~ m SY~AGE j COSTNEW V.LN.: 7~ ~ 3 ~ S 50000 ~1 TERR G~IGCW ~ C~S5 SIC I FACTOR S~TC"I ~DIUS I. FARTHEST TERM I 075 [ 68499 ; CHECK ~ O,Lp,p ~ UNORNS~ : CaVE.GEE AOTOWING MOTOR F ] ILSP ~DUCTIeLES ~ m Acv ~ ~OMP~ c oFL ~ LIAB MEDPAY a~SOR "T COMP ~ )~ STAMT S3000 x , x m gOTOR ~ COFL F~,V DOLL · S ~llST S3000 COLt TERR m G~/GCW m c~ss sic , FACTOR S~T DP' ~DIUS , FARTHEST TERM m m m m o7~ m 6849~ m , DR ETO WOR SDHOO I use CH~C~ I I i UNDnrNS COVERAGE$1~ AOD'LP~P ~ MOTOR , ; ~/ UNDER15MILES ~ PLEASURE ~ ~ RETAIL L~AB MEDPAY ; ; UN NS SP~C WHE~EGA~,~GED ISLANDIA NY Cl~, STATS, ZIP WHERE GARAGED ISLA/TDIA NY TERR I GVW/GCW CLASS i SlCi CHECK ~ ' P _~_ MOTOR ; IF ~ LSP ~ 68499 I i s #133T i '3000 COLt i, SY AGE i COST NEW F~CTOU SE,~rc.P[ ~mUS i i ~V m y m CaLL i, ~1 '~ qT I s ~ non CALL, ' ACORD 1'29 (3~3)a ATTACHTO EJJSINESS AUTO SECTION VEHICLE DESCRIPTION (con't.) VEH# I yEAR iMAKE: EAST 032 J 1995, MOOEL: WALKING I~.STATE. Zm I SL/tNDIA '1 033! 1995 MODEL: WALKING I TYPE: TAAI[.ER 1E1U1X283 SRG17648 3 ~ 50000 TERRV.I.N.; G~WVIOCW J CLA~S [ SIC FACTOR SEAT CP' RADIUS J FARTHEET TERM 075 ' 63499 PiP ~ ,N,.s sPED -- [,WF~ ~ MOTOR COFL F7,¥ COLL I S #135T BODY SYM/AG E I I ~PE= TP. AILER ~ )27 COSTNEW V.I.N.: 1E1UiX285SRG17649 3 I $ 50000 OR~VE TO WORK/SCHOOL USE ~ COMM'L -- UNDER 15 MILES ~USE PLEASURE RETAIL 15 MILES OR OVER ~ FARM SER¥1CE 035 1995 MODEL: WALKING ICITY, STATE, Z/P ISLA/~DIA NY WHERE GARAGED DRIVE TO WORK/SCHOOL/USE TERR O75 X I 68499 : TOWING I ' FT T~'.E: TP. AILER ,~ ~ ~ SY~AGE COST N~ V.LN.: 1EiU1X281SRG17650 I 3 50000 G~IGCW C~SS SIC [ FACTOR S~T CP ~DIUS F~THESTTEEM 68499 MEDPAY &~OR FT COMP;' I ~ I STA~tT~ __ MOTOR COFL ~ COLL ~ $ ~5~ $3000 COLL l~°.~ TRAI~.Et '~ 129 ISY~A~ COS~ N~ V.LN.: 1E1U1X283 SRG17651 I 3 I $ 50000 I TERR I ~VW/GCW Ic~,s~ is/c! FACTOR S~TCP ~o,usm F~THESTTERM I 075 I m 68499 m i m CHECK UNDR NS ~ ; DEDUCTIBLES SPEC COLL 0"17 !19951'~OOEL: WALKING ....... lZl~lX2SlS~17664 3 { s S0000 . WHERE GARAGED r 075 ~ ' 68499 : I ,~ , r0w~o ~Fr . X co~P ~ ]Sr~MT S~000 UNDER 15 MILES ~ PL~SUR~ ; R~AIL I~ LIABI~ MED PAY I I & ~BOR ; WHE~EG~GED IS~IA ~ ~ m / 075 6~000 . ~ 6R499 P DR~ETOWOR~SCHOOL. USE I X ~OMM'L COVE~G~,~ 00'L ~ MOTO" ~ ~SP X ~ C~,STATE. Zm IS~IA ~ ' ~ ACORD' 129' (3~J3)a ATTACH TO BUSINESS AUTO·SECTION VEHICLE DESCRIPTION (~n't.) I BODY COST NEW yE., I YE*R I M.KE= ~C× ~,E= T~CTOR ~ ~ IEY~°E,I 040 [ 19931MOOEL: C~ [ V.LN.: 1M2~13Y4PW026354 [ 5 Is 47000 ~ O~OE~ 075 ' 36499 ~ , ~ ~UN~S ~ SP~C ~ IX C0LL ,S ~45 ~3000 ~,~: T~CTOR CI~,STATE, Z[P ~A ~ 136499 , m 15 M'LESOR OVER m ; FArM I SERVICE p)p I~ ~OToRUNINS ~i SPECcoFL m ~.v COLL ' S ~47 , S3000 COLL 042 m1994mMoDaL: cH rV.~.N.: 1Ml~13Y4RW039810 m 4 ms 68500 ~ , mwmNo ' , ~ mm~ m.ooo ~,e: T~CTOR 043 ~1994~o~u: CL IV.I.N.: 1M1~37YgRW001891 I 4 ~ 68500 m--TERR G~IGCW = C~ s,cm FACTOR $EATCP~ ~omus FARTHESTTERM CI~,STATE, ZIP ~S~[A ~ // WHERE GA~GED ~0G~S~~ ' 36499 m m VEH~ ~ Y~R [ ~KE: ~CK m~PE: T~CTOR ~ ~) j SY~OE COSTNeW my.,...= 1M2P867Y4~020356 m4 68500 WHEREGA~OEO m075 ' ' 36499  c.~c~ ' i~ pep ~NDRmNS , ~ m LSP DEDUCTIBLES ' CV ' SPEC ~.~V~OWO.~SC.OOL, US~ m COM~,'~ ~ CO~OES~ ~'~ m x .~'OTO" m , m m x , mcoM~, m co~ ' OT~ ' 68499 ~ m , m ~.a~.,~,,m~ m~ P~S.~ ~ COMM'~~mCHEOLiAB ~' MEO'PAY~ ONDRmNS COFL m BODY m J DRIVE TO WORKYSCHOOL'~USE × I CO~,~M'L i ADD'L PIP )~y~ MOToRUNORINS I__1 F --! LEP !___DEDUCTIBLES X <V I~.lC_m CoMPm__mm CSPECoF L , c.~c~ 075 ' ~oo'~p,~ ~ ~,,o~o. , ~ ~ ~s~ X ~ i ACORD' 129. (3/S3)a A't-r AC34 TO. BUSINESS AUTO. SECTION VEHICLE DESCRIPTION (~n't.) , oDY 185 VEH # : yEAR MAKE: E-~.ST I TYPE: T1R.A-r T,ER ~ SYMIAGE ~ COST N~ 048 199 MOOEd: W~KING V.LN.: 1EiU1Y285SRF17056 ~ 4 ~ 50000 GARAGED 075 ' 63499 1994 VJ.N.: 1S8~3921R0008244 4 50600 UNDER 15 M~LES 15 MILESOROVER I FARM tHr~ii~v.~TATE, ZIP ISLARDIA NY uss 05~1Y~94 MODEL: DUM~ SIC FACTOR SE~ATCP' RADIUS ' FARTHEST TERM ~GESI X' :LS~ I 0EDUCTISLES , I XlCCM~' SPEC PIP I X i MOTOR $3000 COLL i TYPE: TP. AILER ~ I~ I COST N~ ~ V.LN.: 1S8~4524R0008303 4 ~oo,~.lP x [ ~,#sF LS~ OED~CT,.~ES ; x' ACV ' x co.P sPEc RETAIL LIAB t X] MEDPAY ~ &~BOR FT [ X COMP ~ m STAMT ] $3000 15 M~LES OR OVER I i FARM VEH # YEAR MAKE: SUMMIT 051 119941 MODEL: WALKING ~J 15 MILES OR OVER ~ FARM SERVTCE I ~%~'~ T~.[LE~ ...: 1S8AL4521R0008260 , 4 I 50600 ] TOWING ' MED PAY~ ~ & ~SOR ~ FT UNINS SPEC MO~O. ~CO~ ~COLL ~77~ 63000 COLL ~PE: T~ILER I~ ,69941M°OEL: W~.~XmN~ Iv.,...=168~4616~0008~s I 4 is ~o6oo WHERE GARAGED ] 075 ' 68499 CHECK ; UNORINS ~ ; ~ I DEDUCTIBLES XI SPEC , BODY I TYPE: m~,j~Cm01~. ..~ j~w~ , $Y~AGE I COSTN~ IV.LN.: l~Z~12YgRW035846 , 4 ~S 80000 075 ~ 36499 I ] MEDPAY ~ &gABOR ' m FT ~ COMP ~ ~ ; STAMT I $ ~ m~.~: m=~.~ ~/~ sv~ m cosT.~w ;WHE~EGA~ED ISLANDIA NY DR[VETOWORK/SCHOOL USE ~ ~ti UNOER 15MILES , PLF~ASURE J · VEH N , YEAR MAKE: ' EAST DRIVE TO WORK/SC HOOL USE ~ UNDER 1SMILES ~ PLEASURE EAST ACORD 129. (3/93)a .. ATrACH TO BUSINESS AUTO. SECT[ON BODY W.N.: 1E1UIX282 SRG17639 - I 3 I $ "1 60000 VEHICLE DESCRIPTION (~n't.) COMP ~ ~_ST~M* :*3000 COLt I $ ~iO'~T I *3000 COLt VEH~ ! yEAR I MAKE: ~ACK IBODY 'tYPE: TRACTOR 057 1995 MODEL: CH I¥.LN.: 1M2A~14YiSW049565 ~',~ I SY/~*~AGE [ COST NE1N I 3I $ 80000 i TERR I OV¥11GCW CLASS CITY, STATE, ZIP ISLA~TDIA ~Ty : WHERE~ARA~ED 0?5 I ! 36499 DRIVE TO WORK,SCHOOL [~E OOMM'L ' COVE~GES X I ADD'L PiP ; X MOTOR F ~58 1985 MODEL: F-700 V.tN.: lFD~74~A49248 ~ ~ , SYM/AGE , COETNEW 4 I * 15000 CITY, STATE, ZIP ISLANDIA N~ WHERE GARAGED DRIVE TO WOR~JSCHOO[. USE ~; UNDER 15 MILES ~ PLEASUR~ 15 MILES OR OVER FARM 059 1995 MOOEL: CH CITY, STATE, ZIP ISLANDIA NY DRN,E TO WORK/SCHOOL ~ ~ 1995 IV~3OEL: CH CiTY, STATE, ZiP ISLA/TDIA NY {DRIVE TO WORKJECHOOL USE 061 1995: MODEL: RD688S TERR GVW/GCW c~s sic I FACTOR SEAT CP ~lUS ) FARTHEST TERM o. oooo OR,.I ,o3499 I I TOWING I M ~ AMT V.LN.: [~2~[4YSS~049567 ?0000 COFL V.LN.: 1M2~14YSSW0~g566 3 ~ s 70000 075 m ; 36499 : A LABOR COMP ~ I STAMT ~000 COFL F~N ~ COLL I S ~55 : S3000 COLL ! ,YHEREGARAGED ISI~A/qDIA NY - h 075 ' 56000 RN36499 WHEREGA~GED IS~IA ~ : : ] ·nvs nnnnn i Rfl499 m ' SEAT CPI P. AEIUS FARTHEST TERM I I s~_j~ ST ~MT O o ~ __ I BODY EYM~AGE COST NEW m m, m : 0~5 ' 80n~O 68~99 m CHECK DEDUCTIBLES , ACORD' 129. (3~3)a ' ATTACH TO BUSINESS AUTO.$ECTtON ' · VEHICLE DESCRIPTION (con't,) VEH# I YEAR 'MAKE: SI~]~CTEC 064 11995 MODEL: AWO4596100 i EDDY 2OC:/ TYPE: TI~ILER '~ SYM/AGE : COST NEW I VJN.: 1S9WA4523SS188200 9 ~$ 49371 ~J.~ STATE, ZIP IST. J~-DIA ~ , TERR : G~IGCW C~S ] SIC FACTOR S~TCP ~OlUS ~ F~THESTTERM E GA~GED 075 : 30000 68499 , , ON~NS ~ I ~ I X COLg 'S ~209T 'SS000 COLL 065 : 1995 MODEL; AWO4596100 V.LN.: 1S9WA%525SS188201 3 s ~9371 CITY, STATE, ZIP ISLA-NDIA ATY . TERR i GVYWGCW ! CL~E SIC FACTOR SEATCP RADIUS, FARTHEST TERM WHEREGARAGEO i 075 ~ 80000 [ 68499 I : : VEH~ I Y~R J ~KE: SPECTEC J~PE:BODY T~ILER ~ ~ SY~AGE i COSTN~ 066 ~ 19951 MODEL: AWO4596100 ~ VJ.N.: 1S9WA4527SS188202 ' 3 ~ S 49371 UNINS ~ SPEC ~ ~ ~ COLL ~ -- ~ ~ MOTO~ COFL ~ S %217T S3000 CO~ V.LN.: [Sg~X~520SS[8820~ 3 ~937[ o~/~cw ~ c~ss sic FACTOR S~TCP ~IUS FARTHUST TERM 80000 ~ 68~99 cKr¥,STATE, ZIP ISLA.NDIA NY WHERE GARAGED TERR 075 SPECTEC 067 1995! MODEL; AWO4596100 DRIVE TO WOR~/SCHOO(. I USE UNDER 15 MILES[~ PL~SU~E ISMILE$OROVER ~ FARM I~ ~ 19951 MODEL: AWO4596100 C~STATE, ZIP IS~IA ~ TERR 075 COMM'L COVERAGES X I UNDRIN3 : r ~ L  TOWING RETAIL LIAB UNINsMED PAY &LABORsPEC FT COMP I ! A~ I__ STAMT ~ SERVICE ~ P,P ~ MOTOR COFL ~ ~ COLL [ S ~219T s~000 COLL :VJ.N.: 1S9WA4522SS188205 3 )s 49371 075 ~ soooo 6~4~ ~ ~ ~ ~ COVE~GES ADD'L PIP ~ MOTOR I r ~ '--m ~ I X r1~' ~ .... ~ C OF L RETAIL ~ L~AB MEDPAY &~BOR COMP ~ AA : STAMT m S3000 SER%rCE ~ PiP ~ UNINSMoTOR cSPECoF L F~V : X COLL ms ~221~ s3000 COLL 069 i199~ MODEL: AWO4596100 WHE~EGA~.~GED ISLAiN-DIA NY : I I DRIVE TO WORFJSC.OOL a USE C.ECK ~ ~ UNDRBN$ DEDUCTI.LES ,kc,, ~[_ COMP~ ~t i ACORD. 129' (3/93)a ATTAC~ TO' BUSINESS AUTO SECTION VEHIC~.E DESCRIPTION (con't) 080 1996 MODEL: WA~K~NG ~PE: TRAILER -- : V.J.N.: 1S8A/D3434T0009072 2 ~ $ 45500 C STATE. ZIP ISLA/~DIA NY TERR I G'~VIGCW I CLASS ':J~m~ GAP~OEO 075 I 65499 I -- -- ~TOWrNO ~ Fm ~ ~ ~ VEH# Y~R I ~KE: S~IT I ~PE: T~IL~R ~ ~ SY~AGE 081 1996' MODEL: D~ I v.J.N.: 1S8~3436T0009073 2 C~Pf. STATE. Z'P ISLA.N"DIA NY I TERR W.BRE ~.~ED ! 0 7 5 D~"VETOWOR~SC.OOL USS ' x l COMM'L CC~VE.~OESI UNOER 'SMILES I PL~SURE ~ RETAIL ~ LIAB VEH ~ Y~R I mE: S~IT 083 ~1995~MOOEU: W~KING 15 MILES OR OVER ~ ~ARM '~ SERVICE . X r PIP WHEREGA~GED 1075 SIC I FACTOR SEATCP] RADIUS I FARTHESTTERM ~ 53000 ' $ 3000 COLL 45500 G%~I/GCW ' CMS I SIC FACTOR I 68499 II  UNDRNS ~ DEDUCTIBLES I X lACV 'rYPE: TP. AILER ~- ; SY~AGE V.LN.: 1S8~3438T0009074 2 SEATCPI RADIUS IFARTHEETTERM r SPEC ~X COMPi~ C Of L ' 53000 i $3000 COLL {~ 45500 · GV~V/GCWuNDR NEll 68499C"~SS SiC ii FACTOR I SEAT CPi '~.D,USII FARTHEST TERM ADDLP~P X~ MOTOR L~ f i I -p DEDUCTIBLES A" I SPEC ' I ~ ~ I xl~' ~COMP~COFL M~D PAY & ~BO~ ft x s3ooo CO l V.LN.: 08392 : 3~S ~9500 80000 68499 ADD'L PIP X~ MOTOR ~F iSIC ; FACTOR I SEAT CP ~DIUS i FARTHESTTERM ~ COLL ~ '$3000 ~ r TYPE: TRAILE~ ~ ~7 I SYM;AGE I COET NEW I V.LN.: 1SgD5323XSS188271 I 3 $ 38731 ! 075 8oooo I e8499 I I E~GES~ ADD'LPIP J Moron ,~ F LSP ~ p~p ' ; UNINS SPEC r ~ MOTOR C Of L F~ CCLL IS 3 0 0 0 COLL GV~N/GCW I CLa~S SIC FACTOR I SEAT CP RADIUS FARTHEST TERM '~[ UNDRINS DEDUCTIBLES ~ SPEC MOTOR COFL I ET~V! X COLL I s i S 3000 COLL WHERE GA~GED 07M I ~R499 ~ VEH # I YEAR . MAKE: FORT~ ACORD '1.29 (3/93)a A'Iq'ACH TO. BUSINESS AUTO SECT[ON VEHICLE DESCRIPTION (~n't.) I 072 11995 MODEL: I' EDDY ~ ~ , SWk~E ~YPE: TP. AI LER O~ i COST N~ iV.~.N.: lS8;tL4526S0008936 3 I $ 49500 TATE. ZIP ISIJ~'TDIA NY GARAGED J I ISMILESOROVER : I FARM VEH# i YEAR IMAKE: SU~IT 073I 1995 MODEL; WALKING TERR GV1NIGCW CLASS ISiC ; FACTOR SEAT CPI RADIUS I 075 90000 6~499 FARTHEST TERM ' RETAIL J~ L~S IX: MED PAy TOWING ~ FT &~BOR ~ X COMP -- M i ST.'~MT $3000 MOTOR COFL x tOLLm$ ff205T ms3000 COLL ~ ~.~: T~ILER ; V.LN.: 1S8~4524S0008935 3 S 49500 WHERE GARAGEDCITY' STATE' ZIP ISL~t~'~TDTA ~q~' ITM0?5 80000G~'Gcw i cLAss68499 SIC FACTOR IS~TCPi ~DIUS : FARTHESTTERMm ~ , X · COMM'L CHECK ' m , ~ UNDRINS ~COMP AA MT 153000 FARM ~ COLL [ S #207T :3000 COLL VEH# YEAR I MAKE: SITN~IT ; TYPE: T~%ILER , - ~ SY~AGE COSTN~ 074 ~995[MO0~: W~KING V.La.: lS8~4523S0008718 ~ I 49500 I T~RR m ~,GCW m C~S ) FACTOR ;S~TCPI ~IUS FARTHEST TERM CI~,STATE, Z[P ~ ~ m sic w.~.~EO m075 m m 68499 m m ~ m DRmVETOWOR~CHOOL mUSE COMM': [~G~Sl X)~DD'LPaP XF ~m~ ~ F ~ LSP D.DUCTmL~S X ~C~ ~ COUP'~ C m BODY SY~AGE COST N~ VEH~ Y~R ~KE: SPECTEC : ~PE T~ILER ~ ~ 075 1995 ~oE~: W~KING :V.LN.: 1S19DS3239SS18821~ s ~9500 I TERR i GVWlGCW FrY, STATE. ZIP ISLANDIA NY i WHERE GARAGED 075 DRIVETOWORFJSCHOOL USE I X COMM'L ~ERAGE$ DD'L I ~ Y~R ) M~E: SPECTEC F LSP ~UCT'B"~S~z~ Acv ,~ co~P, FT X; COMP MT I $3000 FTW COLL 5 I $3000 CCLL I SY~WAGE J COST NEW 4 ~ s 16~500 __ SPEC 6 : s 20000 CLASS 68499 68499 F LSP i DEDUCTIBLES I X ! .~c¥i i C~MP~ m : i COFLSPEC FT , COMP I-- ~) iSTAMT 000 iF~'~lx'COLL $ ~lgT I53ooo COLL) ~: ~ ; SY~AGE COSTN~ ' CITY STATE ZIP i TERR I GVW/GCW I c~s$ ; Sic I FACTOR ,S~TCP, ~ClUS FARTHESTTERM IWHE~EG~GEDIST'~j~IA NY I°75 I m m~fi499 ) DRIVE TO WOR~SCHOOL; USE ~ COMM'L CHEC~ UNDR N~ : DEDUCTIBLES ~ ' ACV ~'~"E~ ~D~'L "IP ~ MOTOR mm. ;mco..m ~ ~ 1SMILESOROVER m FARM : SER%~CE ~ PIP ~ ~ MOTOR m m COFL ~v COLL : S ~9 m ~3~ COL[ ~q lqq~mMODEL; W:T.WT~G mV.LN.: ~q~:~43Omq009071 ~ ~ mS 4550A 07~ ~Aqq m ACORD: 1.29' (3/~3)a A'ti'ACH TO BUSINESS AUTO. SECTION · · VEHICLE DESCRIPTION (~n't.) 088 i 'J989I MODEL; S~V~'r GY BODY I T',mE: TRAILER !V.LN.: 1HgDGG3DIK1022017 RE GA~AGED 075 68~99 __ bCE --~USE __ COMM'L ~COVERAOSS --X ACCLPIP ' X MOTOR ~ ~ ~SP AC, ~ ~ j u.~SM,L~s ~ ~L~SU.~ m"ET~3L, Xm L,ABm x mMEDPAY 'I&~BoRTOWING FT :--X COM. m ~ ST~UT s3000 ~PE: T~TT.~ ~ ) b--~ m SY~AGE ) COST N~ 089 [994; MODEL: S~ G~ m VJ.N.: [~[~[Z28~5~79 m s 50600 ~C~,STATE, ZIP IS~IA ~ TERR, G~,~cw Ic~s )s,cIFACTORs TcPm~DIUS FARTHESTTERM I 090 1987' MODEL: I VE.~ J 'rEAR JMAKE: EAST 091 119861MODEL: TRAT?,~R CKFY, STATE, ZIP ISLANDIA NY WHERE GARAGED 1174 9 ~)RIVE TO WORK/SCHOOL I USE ! UNDER 15 MILES ~ PLEASURE I III I MODEL: ~s MILES OR OVER ~ I s3ooo COLE v.r...: 1EiF2T283GRK06804 ~-'%~ I s 40000 r 68~99 II I m COMM'L ~GES ADD'L PIP ~MOToRU DRINS m F LSP ~ DEDUCTIBLES I X'ACV r SPEC RETAIL ~ LIAB ~ MED PAY ~ TOWING ~ COMP~ ~u~.s &~o~ cou~ ~ UT IS3000 COFL r Z COLE ~Z~ [~3000 COL~ , TERR , CHECK I DRWE TO WORKJECHOOL USE TERR i u.o.,~s ~°w'"°Moron ~soR ~ l ~ IF ~ I TYPE: FACTOR SEAT CP' RADIUS I FARTHEST TERM ' ~ L_ S~EC I DEDUCTIBLES I ACV COMP C OF L MODEL: sic I FACTOR 'SEATCP! RADIUS I FARTHESTTERM I I : :~ L AB ~ MED PAY SER','rCE ~-- PTP UNINS I MOTOR F [~ LSP DEDUCTIBLES j ~cv I , ~,o~.lP~- ' ' COFiSPEC ITYPE: SYM/AGE I COST NEW I TERR GVW/GCW VEH# i YEAR MAKE: MODEL: SPEC C OF g CITY. STATE. ZIP WHERE GARAGED DRIVE TO WORK/SCHOOL , USE TERR ' GVWIGCW CLASS SIC FACTOR I D OF L F~YV 20LL ~ I s CCLL ACORD' 129' (3/S3)a ' ATTACH TO' BUSINESS AUTO S ECT~ON I~ Crossways Park Drive CODE: SUB CODE: E VEHICLE SCHEDULE IBen~er Ins. A~y, Inc. BR~ 10/30/00 10/30/01 CSR JS 08 07~01 VEHICLE DESCRIPTION MODEL; WHERE GAR. AGED : J J I ~~KE; Trinity ~ ~PE: ~ -- ~O~ 01 2002 M~ ~VJ.N.: 1TgSC42282B656034 68499 J ~ TO WORWSCHOOL J USE ~~ .... ~DD'L PiP ~59~~ , ~p ' DEDUCTIBLES ~ I A~ . ~ .~ 1.l SP~ ' ~ ~" I~ sY~A~: COST~,W MODEL: I V,I.N.: TERR i GVW/GCW CITY, STATE. ZIP WHERE GARAGED I~JNDER15MILES / PLEASURE I RETAIL LIAS MEDPA¥ &LABOR ~_ F LSP DEDUCTIBLES I AC'.' I ;COMP[~ SPEC DR,VETO WOR~JSCHOOL, USS I ~Ob,~,'L CO~E~S, ~DD~ ~p~ ~lOTO~ ~l ~ I LSP i--DEDUCTIBLES ; :'C', ~ COMP' :~S~L IUNDER 15 MILESI !PLEASURE [ RETAIL I LIAB J I bled PAY I. I & ~BOR TERR GV~/IGCW CLASS SIC FACTOR I SEAT CPI RADIUS i FARTHEST TERM CITY. STATE. ZIP J , WHERE GARAGED I VEHI~ J YEAR:MAKE: TYPE: I I MODEL. ; V.I.N.; DRIVE TO WORKJSCHOOL USE SYM/AGE COST I FARTHEST TERM I ACORD 129: (3~3~a ~ ACORI~ CORPORATION 1g~3 TRINITY TRANSPORTATION CORPORATION 214 BL YDENBURGH ROAD ISL4NDIA, N}' 11749 (631) 342-9673 FA.¥(631) 342-9676 Resume: Martin Doyle Iffork experience in the solid waste industry 23 )'ears. Frown 19~-1982 workedJbr Donno Sanitation Inc. asa route supervisor. From 1982-1995 worked for' BFI lnc. as a tran.~fer station manager and hauling coordinator. Frown 1995-2002 and ,'till currently employed b)' TriniO' D'ansportation Corp. as the manager qf Hillside Compost Corp., a )ard waste and compostingfaciliO' located in D'emont P.4 which is wholly owned b)' Trinity Transportation Corp. TRINITY TRANSPORTATION CORP. z 14. BLYDENBURGH ROAD CENTRAL ISUP, NY I 1722 Tel. (516) 34Z-9673 Fax (516) 34Z-9676 TRINITY TRANSPORTATION CORP. RESUME OF PROJECTS 2002 TOWN OF BROOKEIAVEN, LONG ISLAND, NEW YORK Complete operation of MSW transfer station facilitY. Our responsibilities include acceptance of material from collection vehicles, all loading and transfer operations as well as hauling over 700 tons of MSW per day. All manpower and equipment is provided exclusively by Trinity Transportation Corp.. Equipment Provided: 18; one hundred cubic yard walking floor trailers, 7: on-road tractors. 1: Caterpillar 325L Grapple Loader. 1: Caterpillar 970 Payloader. 1; Komatsu 420 Payloader. 2: sx~ itch tractors. S~ Date: April l. 1996 Status: Under contract until FebmaD', 2000 with 2 additional 1 )'ear options for extension. Extensions have been exercised through Febman.~ 2002. Contact: Mr. Paul Roth, Commissioner of Sanitation Mr. Don Knohs. Assistant Deput?y ComnUssioner of Sanitation TOWN OF EAST HAMPTON, LONG ISLAND, NEW YORK Hauling and Disposal or 40 to 100 tons per da'~' of MSW. Trinity provides staged trailers at East Hampton's Facilib, which are pre-loaded. Trinity Transportation provides long haul and disposal of material. Equipment Provided: 10: one hundred cubic yard walking floor trailers Start Date: 1994 Status: Our operations ended April l. 1997. Serviccs resumed 1998 to 1999. An extension through to 2001, was To~vn Board approved. Re-bid. March 2001: awarded to Trinity Transportation. Extension requested to 2003. Contact: Dave Paolelli, Comtmssioner of Sanitation TOWN OF SMITHTOWN, LONG ISLAND, NEW YORK Transportation of Ash from incinerator operations. Hauling of ash residue from the Smithtown/I-Iunting~on Incinerator to the Babylon Landfill. Equipment Provided: 2; ten wheel dump trucks and 2: tractors with dump trailers. Status: Operation since 1995 to November 1999. Contact: John Zollo. Town Attorney TOWN OF SMITHTOWN, LONG ISLAND, NEW YORK Transportation and disposal of Yard Waste through an IMA with the Town of Bab'~lon. Providing 100 cubic yard walking floor trailers with transportation and disposal of bagged yard waste. Approximately 250 tons per day. Equipment Provided: Approximately 10 tractor trailer loads per day. Status: Operation currently in progress since Janua~, 1997. Contact: John Trent, Town of Smithrown Engineering Dept. TOWN OF RIVERHEAD, LONG ISLAND, NEW YORK Hauling and disposal of MSW and co-mingled rec¥ciablcs as sub-contractor to East End Recycling Corp.. Trinity provided one hundred cubic yard walking floor trailers and tractors for the hauling and disposal of MSW. In addition, Trinily arranged for the transportation of recyclables for separation and marketing. Equipment Provided: 2 - 5 one hundred cubic yard walking floor trailers. Status: Operation completed in 1996. Contact: John Reeves, Commissioner of Sanitation TOWN OF SOUTHOLD, LONG ISLAND, NEW YORK Transportation and disposal of MSW and C&D materials. Trinity Transportation provides 100 cu. yd. walking floor trailers for the hauling and disposal of all Town generated MSW and C&D materials. TOWN OF SOUTHOLD, cont'd Equipment provided: 100 cu. yd. trailers and transportation adequate to handle volume generated. Status: Started Ma)' 1997 to present Contact: Mr. James Bunchuck. Landfill Supervisor OMNI OF WESTBURY (as subcontractor to TOWN OF HEMPSTEAD, LONG ISLAND) TriniV,~ Transportation provides long haul and disposal services to the prime contractor, Omni of Westburv. Materials hauled include: yard wastes, and various rec3.'clables. Equipment provided; 100 cu. yd. trailers and tractors as needed. Status; providing sub-contracting services since 1995 to present, as needed and if requested. Contact: Mr. Anthony Core. PresidenL Omni of WestbuD' OMNI OF BABYLON, LONG ISLAND, NY Transfer station. NYS~ DEC licensed. Trinity Transportation provides long haul and disposal services for ALL facili6' commodities; MSW. mixed rccyclablcs. C&D debris, yard wastes and concrete/aggregates. Equipment: 100 cu. yd. walking floor trailers, flat bed and van trailer service for baled materials. and dump trailers. Status: Since 1995 to present Contact. Mr. Brad Meyers. Facilit) Manager TOWN OF HEMPSTEAD, NEW YORK Transfer of ash residue from Hempstcad FaciliW. (Rcf-Fucl) to Brookhavcn Landfill. as interim operator Approximately 30 loads per day', 1500 tons per day'. Equipment; Tractors and dump trailers. Status; May 2001 to September 2001. (Emcrgcn~ services performed for vendor dcfanlt). Contact~ Mr. John Pinto. Deputy Comanissioner TOWN OF HEMPSTEAD, NEW YORK Transfer of MSW material from Hcmpstead's Merrick Transfer facili~ to HempstcaWs. Ref-Fucl facility. Approximately 15 - 20 loads per day. Equipment; 100 yard wa]king floor trailers and tractors Status~ May 2001 to Present. (emergency services provided for vendor default). Contact: Mr. John Pinto, Dcpu~' Coimnissioncr TRINITY TRANSPORTATION CORP. 214. BLYDENBURGH ROAD CENTRAL ISLIP, NY I I 722 Tel. (516) 34Zo9673 Fax(516) 3a. 2-9676 John Whitton ~ Trinity Transportation Corp.; General Manager since Ma) 1996 Responsibilities include: dispatching, interaction with all customers tncluding Municipal accounts. oversees daily operations of all facets of compan3. Omni Recycling of Babylon Corp.; Facility Manager 1995 - 1996 Responsibilities included; dail3 operations of 1250 ton per day re,cling/transfer facility. Managed all incoming and outgoing materials flox~. Arranged for transportation services for all outgoing materials. Patricia DiMatteo; Jet Sanitation Service Corp.; Manager 1976 - Present Responsibilities include: dispatching, communication wifl~ customers, posting account information, sen'ice complaints~ interaction w~th drivers, office oversite. Trinity Transportation Corp.: Sect3-Treas 1996 - Present Respons~bditics inchide: Payroll. dispatch~ office accounting. Omni Recycling of Babylon Inc4 Sect3.' - Treas. 1996 - Present Responsibilities include: Capital eqmpment purchases, accounts payable daily operations.