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Construction Debris Removal
JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 1997 Dear Bidder: Please replace Page 43 in your bid packet for Construction & Demolition (C&D) Haul Disposal Services with the enclosed Page 43. Thank you. Town of Southold The Haul-Disposal Service applicable unit price per ton for agreement year 1999-2000 is dollars and cents ($,, ). (C3) The Haul-Disposal Service applicable unit price per ton for agreement year 2000-2001 is dollars and cents ($,,, ). (C4) The Haul-Disposal Service applicable unit price per ton for agreement year 2001-2002 is dollars and cents ($ ). (C5) 3.2 EVALUATION UNIT BID PRICE FORMULA Evaluation Unit Bid Price = (C1)5,000+(C2)5,000+(C3/5,000+.5(C4)5,000+ 5(C5)5,000 20,000 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: Firm-Corporation Address By: Authorized Representative Date 43 The Haul-Disposal Service applicable unit price per ton for agreement year 1999-2000 is dollars and cents ($. ). (C3) The Haul-Disposal Service applicable unit price per ton for agreement dollars and year2000-2001is cents ($. ). (C4) The Haul-Disposal Service applicable unit price per ton for agreement year2001-2002is 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+(C4)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: Firm-Corporation Address By: Authorized Representative Date JUDITH T. TERRY 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 (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 1997 Dear Bidder: Please replace Page 43 in your bid packet for Construction & Demolition (C&D) Haul Disposal Services with the enclosed Page 43. Thank you. Town of Southold NOTICE TO BIDDERS CONSTRUCTION & DEMOLITION DEBRIS (C&D) HAUL-DISPOSAL SERVICES The Town of Southold will receive sealed bids for construction and demolition debris haul-disposal services until the time and at the location herein specified which will then be opened and publicly read aloud; PLACE: Office Of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 (516) 765-1800 DATE: Thursday, May 22, 1997 TIME: 1:00 P.M. EDST (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 construction and debris and disposing construction & demolition debris at the Contractor's Construction & Demolition Debris Disposal Site. The term of this Agreement shall be three (3) years commencing on July 10, 1997. The Town, at its sole discretion, shall have the option of renewing the Agreement for two additional one year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term. Bids must be made in writing on the forms furnished and shall be accompanied by a Bid Guaranty in the Form of certified check, money order, bank draft or standard form letter of credit made payable to Town of Southold, or bid bond, in the sum of one hundred thousand dollars ($100,000.00) wherein the named obligee shall be the Town of Southold. The successful Bidder shall be required to furnish a performance Bond, and insurance in accordance with the instructions in the Bid Solicitation. The bid 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.: 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 altowed to ask questions regarding the Bid Solicitation during a pre-bid conference to be held at 10:00 A.M., Monday, May 12, 1997 at: Southold Town Hall 53095 Main Road Southold, New York 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 (516) 734-7685. Judith T. Terry Town Clerk For further information regarding bidding requirements, contact Judith T. Terry (516) 765-1800. For information regarding Town Of Southold waste program and haul- disposal operations, contact James Bunchuck (516) 734-7685. 3 $50.00 non-refundable fee tc~tain specifications (no postage} BID - CONSTRUCTION ~. DEMOLITION (CF.D) HAUL DISPOSAL SERVICES BID OPENING: 1:00 P.M., Thursday, May 22, 1997 4/28 4/29 1. Trinity Transportation Corp.,1114 Adler Street, West Babylon, NY 11704 John Whitton 342-9673 fax 342-9676 2. Waste Management of New York, 123 Varick Avenue, Brooklyn, NY 11237 Lisiane Mahe 718-386-7900 4/30 3. Planet Waste Management, 45B Sea Cliff Ave., Glen Cove, NY 11542 516-671-7394 Gregory P. Oro 4/30 a,. JBH Transport, Inc., 82A Old Dock Rd., Yaphank, NY 11980-924-6347-fax 345-6658 5/5 5. 5/7 6. 5/9 7. 5/14 8. 5/15 9. JCS Enterprises, Inc. 55 New Street, Oceanside, NY 11572 516-763-9:1~3~ ~ Att:Jack Stuart Residenial Services, 300 East Shore Road, Great Neck, NY 11023 516-627-0711 Fax 487-1396 Robert Donno DEMO Busters Haulage, Inc., Moriches Middle Island Road, PO Box 554, Moriches,NY Stanley Morabito 874-2244 11955 Alta Recycling LLC, 60 Ganesvoort St., New York NY Melissa Cutler 212-255-3535 Tully Construction,127-50 Northern Blvd. Flushing Ny 800-558-8559 10014 10. 11. 12. ~RMATION PERFORMAN~ BOND Bond NO. 071906 T~INITY T~NSPO~ATIO~ coP. POlL~IONChereinaFt~ callsd ~b~ ~he "Bu~etg") are held and ~irmlg bou~d to the Tome o~ SouthoiO (hereinafter called the "Owner") in the ~ull sn~ just sum o~Ioj~oo/~oo dol~m~s CS~,OOO~OOO.OO) goo~ end which sum o~ monag, me~& and trulW to be maOe and e~e, :he Principal ~i.ds h~mseI~, his he~rs, exe~C~s, a~minis:rators ~H~AS, the Principal has ~tered into a certain written , lBS , wi~h Cbs O~er ~or ~he Town South~l~~ co~t~c:ion material and/or demoiiti~ de~l~ Haul- Disposal Serv:c~s, a copW o~ ~h~ch ~eement is annexe~ to herebg ma~m part o~ this bo~ as thigh herein set Forth in Full. NO~, ~R~FOR~. the conditions o~ this obligaCio~ a~e such the: IF the P~/nc!pal, his or /Cs representatives or assigns, shall well and ga!thfullg temple ~ith end perform all the terms, covenants sad conditions of said A9~eement or his (their, its) Dart to be kep~ and performed an~ al~ modifications, amendments, additions and alterations thereto that maW hereafter ~m ma~e, accor~ln~ to the ~rue intent and meaning o~ said A~reement, and sh~!i ~u~la indemni~g end save.harmless the Owner ~rom al~ cost and damage which i: mag su~sr bW reason'o~ ~ailure so to ~o, and expense which the Oaner mag ~ncu~ tn ma~ing good mew such de~ault, and shall ~otect :he sm~ O~et against, and paw sew an~ al~ a~unts, ~amageS, Costs and Judgments ah~ch maw o~ be ~ecovered against said Owner or tt~ aF~Lc~s ~ agents ~hich the said Omner mag be called upon to PaW :oanU parson or corporation bw reason oF ang damages arising or gro~ing out oF :he doing o~ said ~rk, or the repair oF mainC~unce thymuS, the manner of ~dcing the Same, Or the negl~t oF the said Principal, or his :their, its) agents or ssrvan~ or the 'imprope~ performance of Fha said ~ork bg the said Principal, or his Cthelr, its) agents or servants, or the infringement of anw patent or patent rights bg reason of the use of anW materials Furnished or uork done as aforesaid or oChermise, then this obligation shell De null ~nd void, otherwise to ~emsin in Full Force and effect; PerFOrmance Bond BID CPROPOSAL) FORM Schedule S.O..L Page I oF 2 ?lb!fy perform and comp!eta the ;work mentioner and described in ~l.d ~?eement,~purSuant to the ~terms, conditions, and covenants .t~ereof~ if for ang cause the P~incipal fails or neglects to so 'f~!~ i Perform and complete suOh work and the 5ure~y further a~ess, i~to. commence ouch work o~ completion mithin ten .~m~let8 such work within te~ (10~ calendar day~ fram the e.~p!ratlOn of the time ailo~sd tNe Principal in the Agreement for ~com~letion thereof; and i'..-"'P~OVIOED HOWEVER, the Suret~i~ for value received, Cur itself :a~¢itslsuccessors an~ assigns, ~ere~g stl~ulates and agrees chat the o~l~'ga~ion of s~id 5ure~y ahd its bond shall be in no t~pa~re~.. ,. or a~ac~ed b~ an ex~entsion of ~i~e, modification. ~crk .~o be ~erformed ~hereunder, or b~ any ~a~ment thereunder ~eof,!! or bg any assignment, ~ubiettind or o~her transfer of ~W'".mork to be performed or an~ monies due or to become due ~e:~e~n~r and said Suretg does hereby ~alve notice of any ~nd ~ .'"of !~ such s×%ens!ens, mcdlfiDatlons, omiCsions, additions, CM~.~es,~ ~awmencs, ~aivers, ~ssignmentS, subcontracts and ~: a!'l thin~s done and omitted ~o be done bw and in relation rd ,~.e!~neeP~ subcontractors end o~her ~ransferee~ shall have the ~ee~fec~ as to said Sure~y a~ though done or-omitted ~o be ~.~e bw or In relation tO sai~ Principal. ! ~~:':' · .i~ ::'IN ~W~TNES5 WHEreOF, the P~incipal has hereunto se: his ~'~C~o~e~.t Co be signed bg its A~Y~F~ , ant ~O~pb~t~ sesi to be mereun~ affixed this 10t~ da~ ~~S~TI~CO~ON 214 Bl~e~b~r~5 Ceot~l Islip, N~X~rk 11722 100 Ca~)us D:t~e, ~lo~ba]m~a;k, ~e~ ~etse7 ...... u/~32-0853 Schedule 5.C.L Page ~ of = Corp. Ack. STATE OF t ss.: COUNTY OF Onth~s'/o~ . . ~,/L~ · ....~.~: ...................................... cta~ oI .............. t~~'~. :ti .................... 19 ....... before me personally came ............................. ................... .......... of the........1T~...~!!~..~9][~T~9~....~9...~_.0~9~. ................................ the corporation described in and which executed the above fnstrument; 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(BXo~a~rd. o..f I]d~ c,,tor_s,___ ..°f said cor- poration, and tkat he signed his name thereto by like order. (Seal) POWER OF ATTORNEY CAROLINA CASUALTY INSURANCE COMPANY JACKSONVILLE, FLORIDA 126 No. NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS: that CAROLINA CASUALTY INSURANCE COMPANY ("Company") a corporation duly organized and existing under the laws of thc State of Florida, having its Principal office in Jacksonville, Florida, has made, constituted and appointed, and does by these presents make~ constitute and appoint AD_th©ny J. R©m~ano or Thomas Bean or Fred Nicholson or Gerard S. Macho±z or Eleanor Douaera of Uniondale~ New York 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, Secretary and Treasurer, or either of them, are hereby authorized to execute on behalf of the 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 in 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 be issued. IN 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 ,~ O~ day of ~-x3 , 19F/,-~'. Q Attest: ~~/~~) Car°ling Casualty ln'~urxance C°mpany By By 9_ichael g.//~fi~ad, CPCU', CLU Betty ~. ~utJerland Secretary Presidenrf/ WARNING: THIS POWER INVALID IF NOT PRINTED ON GREEN "MONITOR" SECURITY PAPER. STATE OF FLORIDA) COUNTY OF DUVAL) SS Sworn to before me,'~ Notary Public in the State of Florida, this O day of ~~ , 19 ~"~", by B~rrv c~ ~,,~-horl~'n'awno~m~;??~m~'rOs~a,e :5b~'tetary of CarolinaGasualty Insurance CoAnpany. C0~,75 ~' Sc5 ) i 5,,3 ',£C~55873 ] Notary Public, State of Fdl6~:ida at Large ,MS C~;: !55 ¢)'; i . l-r. 3.25,1997ClERTiFiCATE 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 forth therein, who executed the bond to which this Power of Attorney is attached, is in full force and effect as of this date. Gi',en under my hand and the seal of the Company, this IOg~ day of Bgtty C{ ~atherland , Secretary Corp. Ack. STATE OF ? ss.: COUNTY OF NAS.SA~I On this ........... ~.t~ .............................. day of ............ ~X 19_.?~.., before me personally came ELEANOR DOUDERA to me known, who, being by me duly sworn, did depose and say; that he resides in ................................................... SuIq'0LK COUI~L~, NL~ YORK ATTORNL~-IN-FACT ............................................................................................................ that he is the .................................................................................................................... of the ............ ~L~...~....~....~ .......................... the co~oration desc~bed in and which executed the above instrument; that he knows the seal of said corporation; tMt the s~l affixed ~ ~a~d instrument is such co.orate ~eal; that it was so affixed by order of the Board of Directors of said cor- IRIS RUBIN DAVID~N potation, and ~at he si~ed his name thereto by like order. NO~ ~ S~te M ~ Y~k (Seal) CAROLINA CASUALTY INSURANCE COMPANY STATEMENT, DECEMBER 31, 1996 (AMOUNTS IN THOUSANDS) STATUTORY BALANCESHEET Admitted Assets Bonds Common & Preferred Stocks Cash & Short Terra Investments Other Investments Premiums Receivable Investment Income Receivable Reinsurance Recoverables Other Assets 125,578 13,017 14,322 9,410 7,972 2,088 7 1,237 Total Admitted Assets $ 173,631 Liabilities & Surplus Loss & LAE Reserves Unearned Premium Reserves Drafts Outstanding Other Liabilities 82,785 15,835 2,604 10,450 Total Liabilities $ 111,674 Capital Stock Additional Paid In Capital Unassigned Surplus 3,687 27,090 31,180 Total Policyholders' Surplus $ 61,957 Total Liabilities & Surplus $ 173,631 Officers: President: Senior Vice President: Vice President: Vice President: Vice President: Vice President: Corporate Secretary: Michael J. Snead John S. Hill Charles E. Estes Barbara B. Murray Carroll D. Starmer Alan P. Toth Betty C. Sutherland Directors: Anthony J. Del Tufo Robert S. Gorin Edwin L. Heer John S. Hill Michael J. Snead Carroll D. Starmer Edward A. Thomas ~ ~,~ 2{rD/E ...... . 3004~493~ From JUL J 1 IY97 [] Your Intern.l 8Ul;n~ Relerence information miT° '~ ' ~,~.~ .~ ~ 7&~ -/goo Far HOLD at FedEx Location check here For Saturday Oelivery check hem 3 0 0 4 3 3 4 9 3 3 xpress Package Service Peckagesum~er 15fllfls ~e"~,~r~'~m.~"~,~ [] Packaging '~'~edEx [~ FedEx Fe~x F~d[x ~ler [~ Tube ~Pkg ~ Special Handling Y Does mis ~ipmen, co.in dangero, goa~? ~ [P~ent "- O0 $ ~! Release Signature ~ue~tions? Ceil 1.800,Go'FedEx ACORD CERTIFICA , 'OF LIABILITY IN URA':-': PRODUCER NPA Associates, LTD. 225 Wireless Blvd Hauppauge, NY 11788 INSURED Trinity Transportation Corp. 214 BlydenburghRoad Central Islip, NY 11722 '-~'~'C~:RTIFIC~T'1~' I~ 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. COMPANIES AFFORDING COVERAGE COMPANY A National Union Fire / Sedgwick COMPANY B Tri-City COMPANY c Hartford Insurance Company LTR i A B C GLA1216906 10/28/96 10/28/97 AUTOMOSILE LIABILITY X--"~ ANY AUTO GARAGE LIA $1LITY ANY AUTO EXCESS LIASILITY OTHER BA1353650 NUG346035 12WECY6385 10/28/96 10/28/96 10/29/96 10/28/97 10/28/97 10/29/97 GENERAL AGGREGATE $ 2,000.~000 PRODUCTS - COMPiOP AGG ~ct in Genl Agg EAC~ OCCURRENCE $ 1~000~000 CCMSINED SINGLE LIMIT 1,000,000 EODILY INJURY $ AUTO ONLY - EA ACCIDENT EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE WCSTATU- OTH- a 10,000~000 $ 10,000,000 100,000 500,000 100,000 EIA/AIGRI~ #102010 EVIDENCE OF INSURANCE FOR BID AWARD. CERTIFICATE HOLDER INCLUDED AS ADD'L INSURED WITH RESPECTS TO GENERAL LIABILITY ONLY. RE: MSW AND C & D TOWN OF sOUTHOLD TOWN HALL 53O95 MAIN ROAD P.O. BOX 1179 SOUTHOLD, NY 11971 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE ~LIL-09-1997 09:47 P.02 TRINITY TRANSPORTATION CORPORATION 214 BLYDENBURGH ROAD CENTRAL ISLIP, NY 11722 (S16) 342-9673 FAX (516) 342-9676 FROM: Pages (including cover sheet) Message: TOTAL P. 02 NO, 7829 P. 1/2 Aon Risk Services 333 Earle Ovington Blvd. PO Box 9338 Uniondale, NY 11553 PHONE: 516-794-7000 FAX: 516-794-7089 OR 794-7092 FAX TRANSMISSION: ~ DATE: ~ TO: FROM: ELEANOR DOUDERA, Assistant Vice President Aon Risk Services - Uniondale, NY Very truly yours, Eleanor Doudera Aon Risk Services 333 Earle Ovington Blvd. PO Box 9338 Uniondale, NY 11553 PHONE: 516-794-7000 FAX: 516-794-7089 OR 794-7092 FAX TRANSMISSION: PAGES FROM: ELEANOR DOUDERA, Assistant Vice President Aon Risk Services - Uniondale, NY ~: /7{t,w; 7' a~r ' Very truly yours, Eleanor Doudera 071906 lam~u~ mo~ oF ~e ~ico~ -~titmm o~ A~ici, ~ ~e p~m~: ~ ~hich ~m ~ ~eW, ~el~ s~ ~ulw ~ bO ~e s~ ~e, ~he , ~ , with the ~er ~=r ~e To~ 0~ Principal, ~ nas Ccitt, i~) ~en~ ar ~an~ ar C~a 'lmp~e~ ~u~s~ ~ w~M ~o~ ms a~o~smid or o~i~, ~ Chis o~ll~mclon s~ll 08 ~ll an~ void, oche~wl~ Co r~aAn in ~ull JUL, 9. 1997 10:24~ AO] ISK $~RVIC~g ?¢...%.,. .. · !F~u. ~:o~m and --'~m~l~te the two.~ me~CsOned and .dem¢~i~ed in :~.~..~eC~'~ £~ For an~ cause th~ ?~inc~ai Cal~s o~ neglects ~=, so '~g ': ~erForm and complete s~h work and the 5urecw ¢ur~nar ;~-COml~Lecion t, hereo~; and l .~',, ' .' ,..j'. :'."P~OVIOEB HO~EVE~, ~he ~uret6'~, Eo~ va~ue ce~&ve~, For · ~.~p~'lFe~ o~ a~rect~d ~g an exte~ion o~ time, modiFicatiOn, ~ork .C~.'Csm~ ~equir~ hera~n O~ b~ anw ~a~ver oF ang prov,s~ons ~0~,.' Or CW ang assignment, ~ubleCclng or ocher t~mns~e~ or ~%/'.mcfW to be ~er~o~med or anU m~nles due or to become due 'b.,f/..'.' ' '~ · 'T'r ;"'~.N ;'~TNE~ WNER~OF, =he P~inci~al has hereunto sec his '~te seal to ~e her~nc~ a~r:xe~ chis' 1~ daw Pr~ncipal Attest 100 Camptm Drl~'ms F/or1~- Park. New Jarsey ...... u/~32-0853 tm ~c~ -o ~ Schedule ~O~AL) ?O~.rl Page 2 o? 2 ?OWER O~ ATTORNEY CARO~ C.~I'~ XNSLrIL~'~CI~ COMP.~iY JAC~O~ FLOPJ])A NOTICE; The warning {found elsewhere i,. this Power of Attorney ~ the validity ~ereof. l'{ta.~ review carefully. i~NO',V ALL M£N BY THESE PRESE!V~: ma CAROLINA ~U~ INS~CE COMP~Y duly o~an ~ and ~x~dng ~ ~o laws of tho S~ of ~ori~ ~vin~ ~ Pt n~ o~ n 3ac~onvi ~ ~odda, h~ ~d~ con~t{tuted and ap~in~,~d d~ by ~e ~ ~k% ~t{~ ~ean or ~red ~lcholson or. Gerard 5. ~ac~oLz or Eleanor Douder~ o~ Uniondale~ New York , i~ ~e and law~{ A~t ~ Auom~-in-F~ wi~ ~l ~w~ ~d authori~ s~al, ac~l~ {ed de{ive~ any ~& all bonds and ~er~akings a~d ~o bi~d ~ Comfy ~mby ~ ~[y a~ to ~e ~ =~t ~ ~ Po~r ~ Auumey ~ ~ ~nt to ~ ~inut~ of ~e S~ai ~ of ~e B~ of Di~n of ~iina ~uaI~ I~ ~y ~d un ~ 30, 1~, ~ RESOLVED: ~Tba~ ~ following Ot~lcars of the Caulina Casualty irma-ante Company. Chairman of ti~ goam, President, ~:cmtaty and T~r, o! ~itl~' of ~ a~ he.by aathori~d to ~--,'.-e on }~haff of th~ Carolina c.~,~{ty l llsur'~lC~ Comuauy. '. Fowe~ of AUorany antbofizln§ and qtmtfying tt~ Atmomny-in-Fac~ hanoi therein to execu~ bonds on behalf of the Cuoiina C~tt~ty [~uraa~ C~mpany, aig} father, that ~he ~ ~ of the G:nup~ay m~uioued, am hete~y authorized to aR--.x ti~ ~o{]:torate ~ of {:he said Coln~ny to Powers of At~ofltoy RF..SOLVE~ FURTHER, ~ Fowez ofAuarnmy limia tl~ g:~ o~ those named therein :o the bonds ~ u~e~akiug:{ specifically named thcrtm, and they We no au~ority ~o bind the company ~t=:pt in :h~ m,nner ~ to rile =tout therein RESOLV,:r~ Y-U .'RTHER, ti~ ?owe~ of Atton',ey mvok~s all prcvious powers is'~ued in behalf of the mtmruey-in-fact nameat above. RESOLVED FLrR'T'rlER, :.~,u 'Jg signamr& of my authoriztd o~car mad rig ~ of ~e ~m~y ~y ~ ~=~ by h~imile m ~y ~nu~ly ~x:~ Tae Comply ~y ~nfinu~ ~ ~ ~r ~ p~ ~in ~ ~ ~mile si~ of ~y ~n or ~ who shall ha~ ~cu ~u~ o~r or o~ of ~c ~m~ny, ao~i~6 ~ h~ ~ ~y ~y ~vc ~ Co ~ sun ~ ~e rime when su~ ins~men~ ~h~l ~ i~ed. IN WITNESS V,5'iERY. OF C.uotina Ca~uy [~un.n~ ?~pany ~ ~ ~ p~ ~ ~ si~¢ m~ ~ OF ~0~ ~ CO~ OF D~) the unde~i%n~ ~ of C~O~NA ~U~ INSU~H~ C0~, DO H~Y ~ t~at z~e ~m~ing is a jusg ~ ~ ~d ~mpI~ ~y of o~g~ Puw~ of A~mey; ~g ~o ~d Paw~ of Atm~y ~ not ~n ~oked or full fo~ and ~fftct u of ~ Given uud~ my ~and ~ ~e ~ of thc ~m~y, ~ 10~ ~y of Bond No, 07t906 and the ~e~ binds ltSelff, i~ ~~ ~d assi~s, ~oN~oi~ ~c:i~ matsti~l an~/~ ~oli~i~ ~e~ls Naul- here~W ~ p~ ~ ~ts b~ as thigh ~ln set ff=~ in ~ull. ~W, ~O~E, the c~lti~ ~ ~is =~li~ti~ ~I such shall ~ul~y l~emni~y ~hd ~.~mless ~ O~nm= ~r~ all shall ~ulLy .=eim~e a~ ~u~ the O~e~ flor all ~law and de~aul:, u~ s~L1 ~Ce~ ~ sa&~ ~nt a~i~t, and paw anw a~ ~11 a~, ~uma~, ~ an~ J~ ~i~ maw or shall cotpo~ ~ ~ o~ l~ ~es ~ls&~ or ~i~ out the doing ~ ~i~ ~k, ar the ~pair a~ ~/n~a~ Ch~eaff, the ~nner o~ ,dcing the ~e, a= ~ ~l~t a~ the s~id P~Snc~pul, 0~ his Cc~r, ~3 agen~ ~ s~un~ o~ Cna COheir, i~) ~8~ or ~ncs, ~ c~ l~Ln~: o~ anw For~ and o Sr.h~uZs S. 0 ..L Pugs ! ~ a N0.7823 P. 5/0 "' ~l.puZ'ace~ ~nd egre=~, ~[ re~ue~te~ ~o do sO ~U the Owner. ~b-.V. ;~ffo~m end comp!eC~ the ~work'me~CioneC ~nd .de~c~ed ~n ~.~ ~eemen~, pursuant co ~he (COrms, COn~OmS, an~ covenants :~e~ %f fa~' any cause ~ P~%nc~pal ~al%s or neglects ~c .~m~l.e.ke such ~rk ~it,in te~ ~lO) Calenda~ da~s ~rom ~p.~t%On Of the time allowe~ t~e P~lncl~ai in t~e Agreemen~ For :~'~.Com~letlon thereof; an~ '.'h :'."~IBZO HO~EVZ~. the 5uret~'[, flor va~ue received, flor 't~e...Obl~a:lon c~ sa~d 5uret~ ahd ~t~ bond s~ll~e in nc · ~i~pa'lre~ or affected ~ an exte~ion of ~i~e, ~odirica~ion. .~'' ~e' p~ormed thereunder, or b~ any pa~menc chere~ncer before ~'~ ~.'~i~ required her~ln, o~ ~r anw ~aiver O~ anw pcovi~Zo~S ~ e~O~.' Or C9 an~ assignment, ~ublettlng or ocher tranSre. ~/'.wa~' an~ monies ~ .... ~o be per~armed or due Or ~ become ~ue ~ ~'...*{og ~ such ex~sns~ons, moClffi~a~lons omissions. _additiOns, ~.~9~s ,~' pa~nCs ~a lverS, assignments ' Su~cOnt, ac~ ~'nsf~r~ and here~ ex~ressl~ ~:ipu~:es end agrees that ~' a~'l-~.~h~ngs ~one an~ ~mi~ted [o be ~one b~ and In relation ~gnee~, subcontractors and o~he~ transferees shall have ~he ~'e"~:~eC: ~ :o said Surer9 ~ though ~One or-omitte~ :c '.',.':'.'iP' ::.:'TN !'~J!TNESS tdHrRrOr, the P~lncipai ~as hereunto sec his ~'~,, ~!CS) han~ and seal and the 5urat~ has causeO chis ~U~a'Ci seal to be ~ereun:4 a~ixee :~is 1~ dag · ~[~ ' = ' 7 , : ' 100 Ca~ptts Drive, Flo~ham Park. Schedule Pag~ ~ oF POWER OF A.T'EOR~EY CAROLINA CASUALTY INSURANCE COMPAHY JACK~ON~ILLF~ FLORIDA NOTICE; T'ne warning found elsewhere in this Power of Attorney affects the vnlldity thereof. Please review carefully. I,~NOW ALL MEN BY THESE PRESENTS: that CAROLINA CASUALTY INSURANCE COMPANY ("compnny") m corporalion duly organized and :xi.~ing u~er tho laws of tho State of Florida, having iu Prin¢i~l offico in Jacksonville, Florid-',, has made. constituted and appoint~d,,and do~ by the. se pr~ents mak~ cor~tltute and ap. point A~t. hon¥ J. Roma.D.o o~ T?i..Olllas Bean or Fred N~.cholson or. Gerara $. Macl~o.tz or Eleanor Doudera o: Uniondale~ New 'fork ~ta true and lawf~i A~ent and Attoree),-in-Fuct. wlth full power and aulhorily hereby confnrred in its name, plac~ and stand, to execute, seal, acknowledge and deliver:. · .ny and all bonds and under,cakings and tO bind the Core.ny tl~reby a~ f~lly an~ to the same ~tent a~ {f such bonds bad been duly nxec~ted ~m:l acknow[od$od by thc regularly olec~d officnrs of the Company ~t its principal offic~ in their own. pro~:r This Power of Attorney is sraotod ~ursuant to th~ Miaot~s of the Sp~ial Meeting of the Board of Dire-mrs of Carolina Casualty Insurance Company held on March 30, 1966, ~o wit: RESOLVED: "That ~ following GrOcers of the Carolina Casualty Irmurancn Company, Chnh'man of the Boa~i President, Sccr~ta~'y and Tma~u~r, ot oithef of tirol, m h~l'~by anthofiz~d to ~ On b~Mif of the Carolina C~ualiy IOSU~C~ Company.. Powers of Attorney authorizing and qualifyin~ b'~ Attorlmy-M-Fect nam~I therein ,,,, e,x~'uto bon~ on behalf of the Carolina Casualty [nsuran~ Company, and fu~l~r, that the seid Offiem, s of tl~ Company montlnne, d. ~ hereby authorized to affix coq~orote ~:al of the maid Company to Powe~ of A=omey ~e~ted pmu,%nt KF.~O{,,VF.D FURTHER, tM$ Pow~ of ARomay limi~ the mom of th°~ {~ therein to the bon~ a~i ufldct~ai~iugs s~c~fically named therein, and they hove no authority to bind {he company ~pt in ,Ama manner mad to the ext~ut therein stated. RESOLVED FURTHER, thi~ Power of Attorney evokes all previou~ Ixm, ers i~ued in behalf of the attomey-in-fac~ named above. REqOLVED FURTHER, ~het tho $ignature of any aothoriz~ offi~r and t~ ~ of ~g ~mp~y my ~ ~x~ by fa~imile m any ~wer of aRomey or ce~fi~on ~of an~oHzing ~e ex~ and ~1~ of ~y bond, ~n~n~ ~/~cc, or o~ surc~ysMp oMigatio~ of thc ~m~ny; and such si~a~m and ~ wh~ so ~nually ~x~ ~e Comply my ~nfinue ~ ~e ~r ~ p~ ~in ~d the fa~imile $ign~ of~y ~n or ~o~ who shall ha~ ~cn such o~cer or o~ of ~e ~ny, ao~i~8 ~ ~ ~ they ~y have ~ to ~ such ~ tbs t{m~ when su~ inst~menrs shall ~ Ii'4 WITNESS WHEREOF Carolina Ca.?salty Imursnc~ ?~,~pany las cau,~d ~ pmsena to ~ si~ a~ att~tcd by iU a~opri~ offi~rs and iu co~ratc sca{ he.unto a~ed th~ ~ ~y of ~' ,19~ CO~ OF S~om to before me,~'Nom~ Public {n ~ S~m of ~odd~ ~0 ~ ~y of ~ ,19 ~, by J CO~L%i~3~< NO. C~,: ] Not~ ~lic l, the undemi$ne~ ~m~ of CARO~NA ~SU~ INSU~N~ COMPANY. DO j as% tee, ~ ~ ~mp[:t: ~y of or{gi~ Po~¢r of A:om~y; ~ ~ said Pow~ a~ thai ~ authority of ~e A~y-ln-F~ ~t ~rth ~in, who ex~ t~¢ ~4 to which full fo~.~ and effect ms of this da~. Given under my hand and the ~.al of thc Company, this lOth day of , 19 97 . Betty C{ ~r. herland , Scar:my -JUt. 9. 1997 Ii:£6AM A0N ;K SBRVICES N0.7829 P. 2/2 BOND Bor~ No, 071906 Chereir~Ftet calleo the "Owner") in tN ~u~l ant Just sum Off Oli~DI~SON AuP_OO/_IOO dol~are CS~) goc~ and ~hloh cum ~' eenew, well ar~ Crulu to bo ma~e Principal ~lnde hil~e~,"hls heirS, exe~ors, a~miniscrato~s Joln~lw ~nd 'severa!IU, Flrmlg bU ~e presents. , lab , with the O~qer ~Or the S~uthoid conscruccto~ materla~ and/or ~emOliC/~ de~lS D~epo~al Services, · copw o~ which R~eemanC Is annexe~ ~h~ l~ ~he Princi;~, hie or ice rep~o~n~ac~vos or shaZ~ we~2 nn~ ~a!ch~ull~ com;~ with afl~ pe~o~ all ~8 terms, covenants an~ condlcion~ o~ said a~ent Or his (:heir, afldiCions and'alteraclons thereto that maw hereafter be according to the ~e tnt~c a~ meaning of salO Atrovent, and sha~l ~ully lndemni~g and ~.ha~mleas :~ Omnar ~r~all and damage which it maw s~f~ bu ~uson'oE fail~ so ~ ~o, and ~hall ~u~lg .reimburse and rePaW the O~r ~or ali outlaw and default, and nha~l ~otecC t~ sal~ O~er against, and paw uaw a~d ~11 a~s, ~ummges, c~C= and judg~nts ~ich mau or bo ~covmred against said O~er ~ its ~Flc~m ~ agents or Mhlch c~ sai~ Omnet mag be ca/Le~ ~on :o ~U co a~ person or the doing o~ ~ni~ u~k, or the ~pair o~ ~tn~a~ thymuS,. the ~nner o~ ,dcing the S~e, or ~e neglect o~ :he ~aid Principal, or h~s Coheir, its) agen~ or servan~ or the p~ormance OF :~s ~mid ~ork bu the said Principal, tChel~, i~) age. Cs or seF~n~s, or the t~ringem~t of wftu patent or patent rights bW ~na~n o~ ~he use off uaw materials ~u~/shed or m=~ ~o~ es a~o~said or o~e~L~, ~n Chis ~or~ and ef~ec:i Schedule :.UL. ~. i~7 10:24AM NO. 7823 P, 5/6 .~m~ l.e.~ ~uch w~rk wi thin te~ ~.~at~on o~ the time allowed the P~inc~al in the ag~eemen~ For : .~:',... '.,'j:, :":"P~I~KU HOWeVeR, =he Su~et6'3 ~o~ v~kue ~e~ived. f~= itself 'C~e...~i~'g~,,o oF sasd $u~eCW abc tis ~ond shall be in nc wa~ '~:~pF~.~e~ or affected ~W an exte~ion oF time, modification. ~k :~a~; and said =ureCW doss ha~ebg ~.'..'".~F ~ such extensionS, ~c~EiCatlons, .', .':~' ::."t.N :W~TNE~S wHEREOF, :he P~inci~al ~as hereunto sec his 214 Bl~d~h ]~ CaaCr~l, I8 ,]~:?, ~ york 1172 IOO ~ Dr~ve, Flor]mm Park, ~ Je~se~ ' ' u/~32~853 Schedule 5.C.L POWER OF ATTORMEY CAROLINA CASUALTY INgUR~NCE COMPANY JACI~ON'V~ ~ ~'; FLORIDA NOTICe..: I'he warning fcumd ~be~'~ in this Power of Attorney a~em me validity ~lereoL Please review carefully, Ki'40W ALL MEN BY THF~E PRESE~I~: th~ CAROLINA CAIUALTY INSURANCE COMPANY ('Company") s duly or~nniz~d Ind exi.~ing aad=r lll~ laws of thn Sa~ of P!nri~, lmvln$ ils Prlnci[~,l_o~c= in Jac~onviilo, Florida, h~ made, constituted lnd ap~in~:L,znd dca by ~ese pi. espn_ ~s ~k~ coo. s~il~ ~ 2p..ooint~ Al1 ~.hony J. Roma. no or Thoma~ Bean or Fred Nzchol$on or. Ger~r~ $. Ma¢~olz or Eleanor Doudera of Uniondale, New York iU rxue a~,cl lawful A~:nt and A-omcy-in-Fuc~. with full l~w~r ~ma aull~oriq hc~by conferred Jn J~ name, place and st~d. to execute, seal, acknawlad~e and deliver. any and al! bond~ and u~er~akings end to bind ,,he Camlmny m~mby as fully a~ to We same ~en~ as if such bonds bad been duly cxecumd ~d adanowledsed by thc regularly ¢1c¢~4 offic=r~ of t.~ Company ~l i~s princil~i o~c= in ~h=ir own. Wol.ir This Power of A"arney is ~i'an~d pursuant to ~e Minutes of mc St:~"cial Met. lin§ of ~h~ Board of Dircc~rs of C.~'~lina C~ualty Instu'anc~ Compaay held on Ma~ch 30, 1966, m I~=,SOLV~3: "That ~ following Offlce~ of ~ and T~u~, or cit~ of ~ ~ ~y a~,~ ~ ~ aa ~lf of ~ ~1~ ~I~ I~U~ ~m~y, '. Powc~ cf A~m~ a~ ~ q~ ~ ~-~-F~ ~ ~n m ~ bon~ ~ ~f of ~ ~llna therein, ~d they ~ve no au=ofi~ ~ bind ~c ~m~y RESOLVED FURTi:'IER, ',.~,et :he Signature of ~y a~orfi~d officer arid 11~ s~l o~ ~he Company may be at¥=~d by facsimile w ~y .~wc: of a~tomcy or cenifi,'~dort ',hereof au~oriziag ~h~ execution and delivery of any ~oad. uncle:taking, recognizance, or other surc,'ysWF obligatio~ of u~,c Company; and such si.~Irc ~ scsi wh~ so use~ $11all ~v¢ thc same farc~ ami effec~ ~ ll',ou~'~ manually ,tl~xcd. 'I2~c Comp~ay may mntinue to usa ~r u~ p~s ~,.'r~in ~ fl~ facsimile si~mm o/any p~r~on or ~rso~,~ w~o shall have ~cn su~ o~r ;r o~ cf ~e ~m~ny, ~i~g ~ h~ ~ ~cy ~y ~a~ ~ ~o ~ su~ ~ me ~i~c when su~ inz~mena sball ~ ~. IN wr'i~ESS WHEREOF Carolina C,uualt~ [i~utanc~ Company ~ ~ m~ p~ena o~rs and iu c~r:tc s~ ~emunto ~cd ~ ~ TM ~y of ~' , t9~, ~Ch~ CO~ OF Swam ~ befo~ me,~ Nom~ ?ubllc in ~ S~ of ~o~ ~ ~y ~f ~~ ,19 ~, j ~sL cm~ ~ ~d ~mp~ m~ of ~g~ Pow~ uf A~mey; ~ mc said P~ of Attorney full fo~ and effect ~ of~ Given un~ my hanC a~ the ~ of :he ~m~y, ~ i0~ ~y of THiS AGRS--'MENT, mode on the l..0th day oF June !997, by end between the Town af Sauthold, o municipal corporation OF ~he State oF New York having its principal place oF business of 5309.5 Main Rood, Southoid. New York hereinafter called the "Town" and Trinity Transportation Corp. , hereinafter called the "Contractor." WITNESSETH .'VHcR,.A... Contractor has submitted Fo the Town a bid dated May 20 , t997 ("Bid") in response to the Town's Bid Sciiciictic;n for Construction Material and/or Demolition Cebds Hauling-Disposal ~ervices dctec May · ~997, ("Solicitation"); WHEREAS, the Town Board of the Town of Soufhold by resolution I0 odopfedon June 10, 1997 authorized the Town Supervisor to enter into an agreement with the Contractor fo perform cerfoin sen4ces in connection with the handling of solid waste, NOW, THE,REFORE, it is mutually covenanted and agreed by and between the porfies hereto os follows: I. DEF!NITIONS - Terms defined in the Bid $oiicifation shah have ihe sc. me meaning as if ,~efined herein. APPENDIX Il. SCOPE OF ~ERvlcEs - The Contractor shall perform the services in accordance with the description of those services as set forth in the Solicitation. ill. TERM OF AGREE~MENT - The Term of this Agreement shoilk be three (3) years commencing on July ,/¢ , ~,~,~'. The Town, at ifs sole discretion, shall hove the option of renewing the Agreement for h,vo (2) additional one (1) year terms by giving Contractor written notice of ifs intention fo renew cf least fhir'h/(30) days pdor fo the expiration of the term. iv. ?~IC.':- SCHEDUL?COMPENSAT1ON - The unit bid price schedule for the services Jo be furnished by Contractor is found in Section C - 3.1.3.2 Confrcctcr'~ bid which is inc~rcorafed into this Agreement. v. = ~,'¢'t,~ENT$ - The Contractor shall received monthly payments ~or services performed during the/dar calendar month. The Contractor st, all s~.omif c reauest far =oymenf on G Town approved voucher form ctong with Contractor'; invoice which s~otl (nclude o doily summon/of tonnage hauied by Contractor ~.t ~ Discosoi Sit cs applicable. Such payments shall be made within sixty (50) do,/s of the Town's cpprov~:i of Contractor's invoice. The Town shcil be entitled fo deduct ~om (any payment owning fo Contractor any sums expended by the Town ;o cure any default or other Agreement non-compliance by APPENDIX sums expended bg the To~n non-oomp~ienc~ by Contractor or ~o deffau!t ac other Agreement protect the Town from loss on reasonably anticipated to be cf any claims filed or CONTRACTOR'S WARRANT~E$ ANO ~EPRE~ENTAT!ONS ac~ounc filed. Contractor makes the following warranties and representations: Contractor represents that the Town has made with respect to the volume of handled by nc commitment under this Agreement c~nsaructi=n material and/or demc!iticn debris to be and !ccc! Laws, ordinances 5he services to be performed represents that equipment schedules -=~"~='~--= acui£cab!e zo all -= furnished by Contractor in the the bid is accurate and complete and Contractor acknowledges Town has relied upon the accuracg and completeness of 5'- ~ontrac~or as informa~ion in . no ee!ecticn or .~spcne~ ..... ~der. shall informecion included Ln that that the iciest shai~ utiliz~ its ~ ~ ' '~' _ oee~ efforts ts insure thet ~lnorl~W and Women 2~ned ~usinees~e (~BE's and ~BE's) have the oppor%unitW co APPENdiX A-] and a WBE Utilization Plan, E. In the Contractor shall submit to the Iown an MBE prior to execution of this Agreement. event the Contractor's Disposal_.~_c~"= is unable to receive and dispose of the Town's construction material and/cT demolition debris for ang reason (including failure to obtain or maintain nscessaru permits or licenses), Contractor shall be responsible for providing to the Town an alternate Oispcea! 5its fcc the Town's use at no additional cost to the iown, and shall indemnifg the iown against ang additional hauling cost bg the iown or its agent because of ~he !ooatlTn of S, ~-- a maintain neceesarw permits bW the chan~e_n conditions. ~,,~- the event default of this ~gresment and liable for damages, forfeitures and ocher expenses as provided in the ~greemenc. VII. INOERNIF!CATION INSURANCE/BONOS Contractor agrees to defend, Town of Scuthold against ang and save harm!ass the lc~s, damage, Contractor be oonside~e~ a the Contractor is unable to deemed := be in bond indemnifg and all !iabi!itw, detriment, suit, claim, demand, cost, charge, and expenses of whaC ever kind or nature ~hioh the iown maw d~ ..... g or indiTectlg incur, surfer or be~_gu_~_~-= ,~-=~ to paW bW reason of or in consequence of the Contractor carruin~ ~= =~rrW ou~ anU cf the provisions, duties, services or requirements c~ this ~grsement, whether such losses an60ameges are suffered or sustained by the Town directly or bg its employees, licensees, agents, en6inesrs, citizens or bW other persons or corporations, including any cf Contractor's ~mploweee obligation shall be ongoing, shall survive the term of this Agreement and include, but not be limited to, claims concer~ing non-sudden environments! impairments. ?he Contractor Shall join in the commencsmen~ cf ang ~, ......... ,,~= = =~CS-- intsrruocicn · - ' - ~- :'~ =!~ appeals which, ~. Contractor shall insurance described in Section commencing on the date of this Agreement earlier than one year following termination with the ~own's in 5he opinion cf the procure and maintain the the Solicitation for a period and zermina~ing nc of se~ices under this Agreement. Al! such ineurmnce coverage shall name the ?own as an additional insured and shall provide tha~ the coverage shall not be changed or canceled until ~hir~ (20) daws ~rittem notice has been given to the /own Al! such insurance shall be issued bW a company duly authorized to transact business in the a?r-~IX a-5 the foregoing indemnificaCion. C. C~ntractor shall, the amount of five hundred theussnd for the period of the maintain a Performance Bond in ($500,000,00) dollars wherein The Bond shall be in a form acoep~ab!e to the Iown At~mey and issued by a surs~W licensed to do business in New York as a surerg. VIIi. FORCE MAJEURE ..... ct_ng the iown, the ~illful or negligent action, inaction, or fault of the ~arty relying ther~o~ as justification for no~ performing an obligation ~r c~m~!ying mi~h anq con, it!on required of such par~U under the sx~enCad d~g-cy-day for ~he ~eriod of ~he unconcrollabIe foregoing, antlctpated ~eether iown or Disposal earthquake, ~ire, ocourrence~ acts O~ insurrection, stats, CCUntW, such accs or events shall lnciuds the following: an act of Sod (but not including reasonably conditions for the geographic area of the Site), hurricane, landslide, lightning, explosion, flood, sabotage or similar a public enemy, extortion, war, blockade or riot or civil disturbance; (E) the failure of any appropriate federal, town or loom! public agency or private utility jurisdiction in the areas in which the Transfer Station or _?_ Ls located ~- provide and maintain utilities, Oispcsa! ~,~= ~. .~ .... ncr Disposal 5i~ · condemnation cr other taking by portiom Of or migrating from the /tensEst Station. i{ is speciFicallu understsod that foilcming ac~s or circwmetances: (a) inflation ra~ss, or pr~-emDtLon eminenc domain beneath none cf the renditions shall constitute uncontrollable ~enerai economic c~nditions, inter,st or currency fiuctuaticns; (b) the financial the C=ntractcr, any of i~s affi!iECes cr AP?'~'~ I X a-7 which have the effect of increasing the number of employees employed otherwise increase the cost to the Contractor cf operating its haui operation or the Oisposai Sits Cd) equipment failure; (e) ang impact cf 'prevailing wage law, customs or practices on the Contractor's costs; (f) ang act, event Or circumstance ccouuring outside of the United Statss, or (~) anU change in law or in the permit conditions or status cf the iransfer Station Oisposal Site or alternats Oisposai Site. SUBCONTRACTS Contractor shall not enter into any subc~nuracts in osnnectlon with the sarvicss to be performed bW Contractor and local laws, services ~o be performed under the subcontract. in the event the subcontractor is r~-guired furnish ang insurance or bonds for the benefit of Contractor, Town shall also be named as an additional insured or ob!i~ee. X. to the tsrms and conditions of this Agreemen~ and shall obii~ats to cmmp!g with al! applicable ~edera!, state ordinances cc regulations rela~ing to the the PREVAILIN6 WAGE RATES Contracuor agrees co comulg mith the provisions cf the New York State ~abcr Law relating to the pagmen~ cf ~cevailing wage caues to the extsnt app!ica~!e, or tbs ap~!icab!e Sta~e Law in the s~at~ cf diepcsa!. In ~he event the~ cequirad ~o increase the ~a~es paid to ang o6 its emp!ovees as a result of such requirement, ail c~sts resulting there from shall be borne e×olusiveiU bU Contractor. written authorization signed either bg the Town's Solid begond the Contractor shall be the fo!irwinG basis: i~TAL CSMPENSATi~N FOR AO~i/iONAL SERVICES In the event the Town directs ~he Contractor, bg Town Supervisor or Waste Coordinator, tn perf~rcm additional services scope of those described in this aqreement, the compensated for such additional services on includinG ~ring~ benefits aasociatsC with those wages ~rcup life insurance, pensions, ~ ~ur~oses of this ..... ==~-~on.. g. DiRE£T L~BCR C2ST she!! ~nciuds hcurlU ~aGee, over%ime premiums ac~-=~iW ~ai~ ~ius the r~l_~w.nG - group medical, safe~ equipment or special tools, these fringe benefits shall be separate!g identifis~ and shall not duplicate fringe benefits paid connection with ~ork performed within the sco~e of the AGreement. ac~uai1g oe!d bu C~nt._c~ for macariais u~!lized oW Con~rsc~cc in performance of the additional services. The costs for such materials shall not !nc!ute sales tax for ang mater!als which ....~,~s~.'~,,~=~_._ personal proparr~ inc~rporata~ in~o the structures AP?-~]qOIX A-E2 buildings, or proparzW is exsmpt fcom taxation York Stats /ax Lam. C. OVERHEAO shall real propertW cf the /cmn since such personal be lO~ of the total of the Oirect Labor Costs and the Oirsct Material Costs. O. PROFIi aha!i be 5k of the to~a! of the Oirsct Labor Costs, the Oirsct Material Costs and the Overhead. ×i[. CONTRACTU~'~ OPER~7iONS ~NO PROCEOU~E5 REPORTS ×ili. OEF.-~ULT ~n ~he avem~ obligations under the Agreement, procure the ~greement, the iown maw terminals the services from ocher sources end hold the deduct such costs from ~ayments o~±ng ~o the Contractmr and/or the Agr~emen~ for Jus~ cause. Xiv. 5E~v!CE ~ne Co~trac~cr shall be obli~a~ed to provide the a?P~NOIX A-!O POP 80ispo58! 5~t~ Per mhioh Cofitr~oto? does not currsnt!w.have ail necsssar~ federal and state permits, or which after the acceptance of the Bid loses its permitted status, Contractor shall, at its sole risk and expense, be responsible for cbtainin~ and/or renewing its permits or providing the Town an alternate Oisposal Site at no additional cost (disposal plus emu additional hauling) to the iown. ihs parties agree that this is a full service Agreement and failure of the Contractor tc provide the identified Oispcsal Sits or acceptable alternative Oisposa! Sits, on or after the commencement data shall constitute a breach of this A~rsemen~, ihs £~n~rectcr ac~or~inglw shall not be ex.used cr meimtsln its permits a% 5he identified Oisposal Si~s. 7he Ccn~raccor agrees that this Agreement shall be available for the purposes of this agreement and the~ the iown incurs no liabilitu beuond those available bU authorization of the iown Board as of the date of this ~resment. ~nU disputes between the parties to this ~gresment maw be referred to arbitration b~ mutual agresmen~ of the either partW hereto shall be commenced in Supreme Court, Suffolk In the event the parties a~ree to arbitra~s a APPENDIX A-il dispute, such arbitration shall be conducted in accordance with the to!es of the ~merican ~rbitration ~saociation. in no event shall ang ~emand for arbitration be made after the date when institution of legal or equitable proceedings baaed on.such claim or dispute would he barred bg the applicable statute of limitations. ~n award rendered bg arbitrators following ang SuCh arbitration shall be final and Judgment mag be entered uDon it in thereof. ×Vii, !~ in ang court having ~urisdiction Mi~CELL~NEOU~ A. 7his ~Grsement shall bT governed bW the lams othe?'~!ee transfer its rights or obligations under this C. /his ~gresment, including al! Exhibits documents r~fsrrsd 50 herein, along with the Specifications, Solicitation and the Bid, and ali aupendioes and Exhibits thereto, re~rss~nt the entire agreement betmeen the To~n and Contractor rela~ing to ~he Services to be ~erformed Th~= Agreement may be modified omig bW -- wr_~_n a~r~sment cf Concr~ctor and the iomn. documents constituting the agreement of the parties, ~h~ pricri~ amon~ those documents sba!! bT: !. ~nis A~r'eement; 3. =.. Contractor's Bid. E. Without limiting anu Exhibits hereto; /he Solicitation including which the ic~n may have at law or under this Agreement, is adjudged bankrupt or makes an assignment creditors or a receiver is appointed for ang insolvencU arrangement proceedings if the the Contractor the benefit of instituted bg or chis Agreement, consistent mith mill neither smpioyes of against the Contractor, the Town mew terminate accruing thereto including, Compensation, Unemplowment but not ~enefits, Con~ractor agrees that it will conduct itself !os s~a~us, said statue being that of an hc!d themselves out nor claim to be an officer the icwn cf SouEhold nor make ~ c~a_m to ang ri~h~ ~ ~==~ ' Worker's Social ~ecuritu retirement membership or credit. S. Iff ang provision off thia Agreement shell for ang reason be held Zo be invalid or unenforcsabts, the invatiditg or unenfforoe~bilitu off such provision shall no~ afffsct ang of the ?~maining pr~visicns of ~his ~reemen~ and this Agreemen~ shall be enffcrced as if such invalid and unenf~rcsabls provision had nco baen contained herein. C=nr--aczor a~D-eee t,,~a.-. i~ shall no= diecrimina=e ~.P?ENOIX A-!=- and the= it shall cause there to be no discrimination against ang amplogea who is emplcged in the work, or against ang applicant for such empl~gment, because of race, religion, color, sex, age, marital status, handicap or national origin in ang manner New York. These requirements shall include, but not be limited to, the following: emplcgmant; upgrading, demotion or transfer; recruitment or recruitment advertisinG; lagcff or termination; rates of ~raining. XViii. ~ag or other forms of compensation; and selection for NOT!CE~ ~i~_ notices recuirs~. ~o be ~_v_=n hereunder shall If fo ~he 1'own: Supervisor of ihe Town of Southoid Town Hcil 53095 Mcin Rood Saufhaid, New York 11971 With Solid Waste Ccordincfcr Town cf $oufhcid .53095 Mcin Rood $cufhold, NY 11971 If fo the Contrccfcr:. Trinity Transportation Corp. 214 Blydenburgh Road Central Islip, NY 11722 ~cn W. Cochrcn. Supervisor BY: Tr, i, nity TraQsp~tation Corp. APPENOIX A-i.~ JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 16, 1997 Gina Core, President Trinity Transportation Corp. 214 Blydenburgh Road Central Islip, New York 11722 Dear Ms. Core: Transmitted herewith are the agreements for the Haul-Disposal Services for MSW and C&D for the Town of Southold. Please sign all four copies, and return the copies marked "Town" to me in the enclosed self-addressed envelope. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures JUDITH T. TERI%Y TOWN C~,F, RK REGISTRAR OF VITAL STATISTICS Y'-3UqRIAGE OFFICER RECORDS M-~%AGE,'%iENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southoid, New York 3.1971 F~.x (516) 765-i823 Telephone ( 516) 765-1800 OFFICE OF THE TOWN Cf.~,RK TOWN OF SOUTHOLD June 13, 1997 Gina Core, President Trinity Transportation Corp. 214 Blydenburgh Road Central Islip, New York 11722 Dear Ms. Core: The Southold Town Board, at a regular meeting held on June 10, 1997, accept your bids for haul and disposal services for solid waste and construction and demolition debris for a three year term, commencing on July 10, 1997. Certified copies of the resolutions are enclosed. The contracts are being drawn by the Town Attorney, and I will be sending them to you within the next few days. Please secure the required insurance and bonds and transmit same to me at your earliest convenience. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures claims ~iled cr cesscnebIW anticipated to be Filed. Vi. C~NT~ACTOR'~ WARRANTIES ~NO ~ ...... aN.AL._N~ ~he ~ervlces ~ ~e ~erfcrmed bW the even~ .a__ur~ t obtain or m~in~im nec~ssarW mermits anw ad,it!cna! hauling Vii. save harmlss~ the /cmn of 5cuthcld agai~sn amy and all !ia~i!ity, a~e suffered cs ~u~lned by uhe Tc~n ~icec;lg or b~ l~ employees, licensees, agents, engineers, citizens cr by- other or a~ents ~ho may seek t~ hold the ?o~n liable therefore, ibis cb!i~aticn shall be ongoing, sha![ survive the term cf this Agreement and include, bu~.nc~ be limited to, claims comcerning non-sudden environments! impairments. The Contractor shall join in the cummencsment of any action cr proceeding cr in the defense cf any action ~r mb!ch, commencin~ cn :he dace of ~his AgreEment end tsrzinat!n~ no this Agrmsment. Ali such insurance c~ver~ge shall ~me Cbs as an additional insured and shall provide that ~he coverage shall not be chan~sd or canceled un,ii thir%~ (~C) days State cf Ne~ York and accspuabIe :s the lown and ~ha!! include all riders and additicnai c~verage nec~sear~ t~ insure AR~--N~iX A~ · merformance cf services 'ne.~=,'n'-. me.~, maintain a 9srFormance Bmnd Ln the amcun~ mf one z .... n_(:l,OOO,OCO.O0) ~o!iame ' -0~ ~ne~_.n named acaeot~bis. ~o the Tcmn A~tor~eW an~ issued .~', a sure~U Iicsneed ~IIt. FORCE M~JEURE the JLrDIT~ T. TERRY TOWN CLEi~ REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 13, 1997 Charles Gusmano Director, Business Development WM of New York, lnc, DBA Waste Management of New York 123 Varick Avenue Brooklyn, New York ]1237 Dar Mr. Gusmano: The Southold Town Board, at a regular meeting held on June 10, 997, accepted the bid of Trinity Transportation Corp., at a unit bid price of $56.03 per ton, to Haul and Dispose of Municipal Solid Waste from the Southold Town Disposal Site. The Board also accepted Trinity's bid at a unit bid price of S56.03 per ton to Haul and Dispose of Construction and Demolition Debris. Thank you for submitting your bid for these services. Very truly yours, Judith T. Terry Southold Town Clerk JUDITH T. TEHItY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone ( 516) 765-1800 OFFICE OF THE TOWN CI,ERK TOWN OF SOUTHOLD June 13, 1997 Peter K. Tully, President Tully Environmental, Inc. 127-50 Northern Boulevard Flushing, New York 11368 Dear Mr. Tully: The Southold Town Board, at a regular meeting held on June 10, 1997, accepted the bid of Trinity Transportation Corp., at a unit bid price of $56.03 per ton, to Haul and Dispose of Municipal Solid Waste from the Southold Town Disposal Site. The Board also accepted Trinity's bid at a unit bid price of $56.03 per ton to Haul and Dispose of Construction and Demolition Debris. Thank you for submitting your bid for these services. Very truly yours, Judith T. Terry $outhold Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southo]d, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 10, 1997: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Trinity Transportation Corp., Central Islip, N.Y., at a unit bid price of $56.03 per ton, to provide equipment and labor for hauling construction and demolition debris and disposing of construction and demolition debris at the Contractor's Construction and Demolition Debris Site. The term of this Agreement shall be three (3) years commencing on July 10, 1997. The Town, at its sole discretion, shall have the option of renewing the Agreement for two (2) additional one (1) year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term; and be it FURTHER RESOLVED that Supervisor Jean W. Cochran be and she hereby is authorized and directed to execute an Agreement between the Town of Southold and Trinity Transportation Corp. for the aforesaid services, all in accordance with the approval of the Town Attorney. Judith T. Terry ~r Southold Town Clerk June 11, 1997 MICHAELI, BERGER, CPA ~ACK M. ROSENTHAL KATHRYN T. REEVES KATHLEEN ).ROTONDO, CPA ALICE NELSON OFFICE MANAGER MICHAEL J. BERGER AND CO. CERTIFIED PUBLIC ACCOUNTANTS 3425 VETERANS MEMORIAl. HIGHWAY RONKONKOMA, NEW YORK 11779 NAIM W GORYEB J1978-]985) June 4, 1997 Trinity Transportation Corporation 214 Blydenburgh Road Central Islip, New York 11722 Attention: Pa~ricia DiMattee Dear Patricia: Please be advised that we are in r. ne process of completing work on the Financial Stacemen~s for Trinity Transportation Corporation, for the year 1996. In the meantime, we have enclosed a copy of the 1996 CorporaTe Federal Income Tax Return for this corporation. The Financial Statements will follow shortly. Very truly yours, Michael J. Berger and Co. Kathryn T. Reeves KTR: amr enclosure Fo~ 11'20S U.b. ~llbme Tax Return for an S Coq.. a'tlRSn Do not file thio form unleas the corporetloa has timely filed Form 2.553 to etect to he an S (:~pMetfon. · See separate Inet.,~:~o~e, For calendar year 19961 or ta~ year be~lnnin~ i 1996. endln(~ ,19 OMO NO. 1545-0130 1996 Paid Preparer'~ Use Only 3 F Checl( applicable boxes: (1) [ ] InitlaJ retum (2) ~ Rnal return (3) [~ Change in a~tdmss (4) [] Amended return H Enter number of shareho~dem in the co, ben st end of the tax year .................................................. · Caution'. include only t~ade or business income end expenses on lines la thmuc~h 21. See the insa~c~dons for more informelJon. laGrossmc~ptsorsmes 17~149~646I b Lss.~returnsandmk3',vencesI I cam · 1c 7~149z6461 I 2 Cost of goods sow (Schedule A. line 8) .......................................................... cN 3 Gross prof~ Subtract line 2 f~3m line lc .......................................................... 7~t49r6461 ~O 4 Net gain (loss) from Form 4797. Pa~ Il. line 20 (attach Form 4797) .............. 5 Other income (loss) (attach schedule) ........................... .;,~%-'~ Ii, ...................... 6 Totel ,nco.. I,oasl. Comb,ne,nee 3 th<u h ................... ................... · ~l 7 Co~penss~onofo~,=~ ............................... /'~----'%.X,".~. ........................... ? ~5~174, . Se,e .send.eges<,...mp.ym..= ., ......... ............................ r I 9 Repairs end maintenance ......................... ~,t~.. _~.'~,~,,r ................................ 2 T R ~ 11 ents .................................................................................... 15r0001 D ~ j 12 Taxes and licenses ............................................... S*i~.~...S_m.%.T'~.N'F:N~..1... 2 9 5 / 1 2 4 J E T 13 Interest ......................................... : ................... 283~8581 Do ': ........ . ............ Cs T b Oepresiat~on claimed on Schedule A and asewhere on return ............... I I ~ c Subtract line 14b f~=m line 14a ................................................................. 190 O R 15 Depletion (Do not deduct oil and gas depletion.) .................................................. y ~6 ^~ve<sing ................................................................................ 922 ~ 17 Pension, profit-shanng, etc., pans .............................................................. AT 18 Employee benefit p.3grams ................................................................... 1 T 19 Other deductJons (attach schedule) .................................. ~.~...Sq~'~NF~,~,.2... 266 ~ 20 Total deductions. Add the amounts shown in the Par itght column f~' lines 7 ~mugb 19 .................. · 1 'L 9 21 O~[ne~ income (less) fmm trade or business ac~viites, Subtm. ctllne20fromllne6 ........................ -558 ~73 22 Tax: a Excess net Pesave income tax (attsch schedule) .................... T A b Tax from Schedule D (Form 112OS) .................................. X c Add lines 22~ and 2.Zb (sea p~ge 13 of the ins'm~o~ons for additlonai taxes) ........ N b Tax depostted with FO~m 7(:O4 ............................... "'''"" 23bl D o Credit f~r Federal tax paid on fuels (attach Form 4136) ..................... 23c F d Add lines 23a through 2,3c .................................................................... A y 24 Estimated tax penalty. Chaclc ~f Form 2220 is attm:hed ........................................... · [] ME 25 Taxdue. lfthetoteJofliees22cand241slargm'than[ine23d, enter emount owed. N See I:~ge a of the in~m~,on~ for ~el~:~ med~od of ~:~m~nt ..................................... 0 T ~ O~erpaym~ot. If line ~ ~ I~'~j~- th~n the ~ of lines .~o end ~4, eflt~' em~nt mt~id ................ $ , ZZ Enter amount of line ~ ~*ou w~nt: CledRed to ~'/' ~lmcted ~ · I ~nded , Here ~ s~.,tu,, o,o,,c., · ie.a,.r. 3 /01 /97 '. Scon3oratien IRS TRINITY TRANSPORTATION CORPORATION 11-3180115 10/19/93 O~hor- 214 BLYDENBURGH ROAD D Oateincomora. tecl S e~,i,,,,~o~,,o, wise. CENTRAL ISLIP, NY 11722 10/19/93 4200 or type., $ 3 ~ 960 z 711 I Form 1120S (1996) TRINITY TRANSPORTATION CORPORATION 11-3180115 Page 2 I Schedul~'~i I Cost of Goods Sold (see page 14 cf thetnslzuclions) ~nven~ et b~innlng ~ ye~ ..................................................................... 2 Pumhases ..................................................................................... 3 ~ of la~r ................................................................................... 4 A~d~onal s~on ~ ~ (a~ch ~h~ule) ........................................................ 5 ~ ~ (a~ch ~h~u[e) ...................................................................... 6 T~I. Add Iin~ 1 ~mugh 5 ....................................................................... 7 I nven~ at end ~ y~ .......................................................................... 8 ~ ~ go~ ~ld. Su~ ~ine 7 ~m line 6. E~er hem and on ~ge 1, line 2 .............................. 9a Ch~k ~1 meth~s us~ ~ v~i~ ct~i~ inve~: (I) ~ ~ ~ d~b~ in R~u~ons ~n 1.471~ (ii) ~ ~w~ ~ ~t or ~ ~ ~b~ in R~ulaflons s~on 1.471~ (iii) ~ ~h~ (sp~ meth~ us~ and a~cn ~lanaflon) ~ b Ch~k E them w~ a w~own ~'~bno~' g~s ~ d~db~ in R~u~ ~n 1.471-2(c) ............................... > ~ c Ch~k E the ~FO Inven~ m~ was ~o~ this ~ y~ ~r any g~s (E ch~k~, ~h ~ 9~) ........................... > ~ in~n~ ~m~uI~ un~ ~0 .................................................................... ~ f Wes th~ ~n~ eha~ in d~lnm~ qu~, ~[ or v~u~flon~ ~een o~ni~ ~ ~ i~n~ ................... ~ Y~ [f ~,' a~h exp~na~n. ~'~B~ ~her Info~on [] No [] No Check methed of ascounting: (a) ~ Cash (b) [] Accrual (c) [] Other (specify) · Refer to the list on page 24 of the ins'a~c~ons and state the corpom~on's principal: (a) Businessactlvity · TRUCKING (b) Product or service · Cid the corporat/on at the end of the tax year ~wn, directly or indlrestiy, 50% or mom of the voflng stoci( of a domestic cor~3omfion? (For rules of attfibuiton, see section 267(c).) If 'Yes,' attach a schedule showthg: (a) name, address, and employer Idenltflcation number and (b) pementage owned ................................................................................... Was the corpomtk3n a member of a conttolled group subject to the provisions of section 15617 .................................... At any t/me dudng calendar year 1996, did the corporat/on have an Interest in or a signature or other autho~ty over a financial account in a /or~CJn coun~/(such as a bank account, sesurlt/es account, or other financial ~___,3-"-?_,nt)? (See page 14 of the in..-~ucflons for exceptions and filing r~quimment~/or Form TD F 9Q-22.1.) ............................................................................. If 'Yes,' enter the name of the/omign count1'y · {~ullng the tax yew-, did the corl3oratlon race/va a cllst~bu~on f~om, or was ~t the grantor of, or ~ansferor to. · f~n tn Jar? If 'Yes,' see page 14 of the inst~ucllons for other/orms the cowomlton may have to file .......................................... Check this box if the corporation has filed or ~ required to file Form 8~64, Apl3#cation f~e Reg/stmtion of a Tax Sheller ............................................................................................... · [] Check this box if the corporation issued bubllcty off.ed c~ebt Ins~'umants ~ o~tglnal Issue discount ............................ ~' [] if so, the coq3omti~3n may have to file Form 82~1, Information Return f~r Publicly Off~m~ Original Issue Discount Ins~uments. 9 If the cor~3retion: (a) filed its elestion to be an $ corporat/on after 1986, (b) was a C co~n beton it etested to be an S corporation or the c~'pomtion ascluimd an asset with a basis detem~ned by ~ to its basis (or the ~ of any other prolse~y) in the hands of a C cor~3oratton, and (c) has net unmal~ed built-in gain (detlned in secdon 1374(d)(1)) in excess of the net recognized built-in gain from 13rtor yanm, enter the as{ unrealized bulll-in gain r~<:iuced by net recognized buill-/n gain tram p~lor years (see page 14 of the Instmc~ona) ......... · $ 10 Check th~ box if the cor~3eation had subchenter C earnings and p~oll~ at the close of the tax y~r (see F~c~e 15 of the instructions) .... · [] Designation of Tax Matters Person (see page 15 of the insa'ucllons) X X Enter betow the shareholder designate~ as the tax matters pemon ~T'Mp) ~r the tax year of this tatum: Name of ~[~ ,de~j/ng llasignated TMp PATRICIA D IMATTEO number of TMp 120-52-8898 AdOr~asof ~61 OLD BROOK ROAD ~esignatedTMP FDiX HiLLSr NY 11746 ,Form ~t20S (t99S) 11-3180115 TRINITY TRA~o~TATION CORPORATION Page 3 I SchedUle=:KiI Shareholders' Shares of income, Credits, Deductions, etc. (a) Pm rem share items (b) Total amount I I Orcllnary income (lass) tram trails or buslneas acitvittes (page 1, line 21) ..................... I --558f473 2 Net Income (loss) f~3m rental reel estate acav~es (attach Form 8825) ....................... 2 i b E. xper~ses fTom other rental act~vitlas 3b N C ¢ Net income (loss) ft~m other rental acitvit[es. Subt~ct line 3b f~om line 3a .................... o a Interest Income ................................................................. 4a / b Dividend income ................................................................ 4b ¢ Royalty income ................................................................. 4c L o d Net short-term ~ap~ai gain (loss) (attach Schedule 0 (Form 1120S)) ........................ 44 $ s · Net long-term capital gain (loss) (attach Schedule D (Form 1120S)) ........................ 4e f Other p~3lio income (loss) (attach schedule) ......................................... 4f 5 Net gain (loss) under section t231 (other than due to casualty or theft) (attach Fern1 4797~ ....... 6 Other Income (loss) (artec, schedule) ................................................ 6 7 Chantabla contributions (attach schedule) ................... -~,E. -q TATEMENT.. 3.. 7 1 f 4 2 5 BT E ~ 8 SestJon 179 expense deduction (attach Form 4562) ..................................... 8 DO u N 9 Oeducl~ons re~ated to po~31io income (loss) (itemize) ................................... 9 ca 10 Other deductions (atlach sshedula) ................................................. 10 ~ ~ 11 a Interest expenseon investment dedts... 11a VET E N R b (1) Investmem income included on lines 4a, 4b, 4~, and 4f above .......................... 11b(1) eTS T T (2) Investment expenses irm.-Juded on line 9 above ...................................... 11b{2) 12a Credit for alcohol used as a fuai (atlach Form 6478) ..................................... 12a (1) From partnersh{ps to which sec'don 42(j)(5) appiles for pmpe~y placed in so. Ice before 1990. (2) Other than on line 12b(1) for property pieced in so.ice before 1990 ..................... 12b{2) ~c (3) From partnerships to which seciton 420)(5) applies for prope~'ly pieced In se~tce after 1989.. 12b(3) E (4) other than on line 12b(3) for pt13perty placed In sewtce after 198g ..... e .................. r ¢ Qualified rehabilitaiton expenditures related to rental real estate s (attach Form 3468) .............................................................. 12c d Cred~ (other than credr= shown on lines 12b and 12c) r~ated to ran~ resJ estate act~v~Jes ................................................. 12~ · Cred~Ls re{eted to other rentaJ ac~vrdes ............................................... 12~ 13 Other credits ................................................................... 13 ~ 14t Be~afion edlu~mant on pto~er~ ~laced in s~tice after 1~8~ .......................... 1~ 116~707 A b Adjusted gain orloes uNE i ............................................................ o F T ¢ Depleiton (other than oil and gas). 14¢ EE .................................................. T R ~ d (1) C~'oas income from oil, gas, or geothermal prope~es ...... 14d(1) o~ (~ Bedu~loes alluvia ~ oli, ges, or g~hherm~l ~ .............................. ~ · other edlu~man~ arml ~ ~refi~rence it~me la~¢ll schedula} ............................. o T C Tota~ gross Income from sources outside the United Sates (attach schedule) ...... E X d Total applicabla deductions and losses (attach schedule) .... 15d m $ e Total foreign taxes (chesl~ one): · [] Paid [] Accrued... f Reduction in loxes availabla for credit (attach schedula) .................................. , ~1 Other foreign tax Informatlon (attach schedule),.. ~ ..................................... 15~1 16 Sec~on 59(e)(2) exoehottures: a Type · 17 Tax-exempt Interest income ....................................................... 17 18 Other tax-exempt income ......................................................... 18 T lg Nondeductible expenses,.. 19 1 4 ! 1 8 4; s ! 20 Total property clisthbuitons (including MaSh) other than dividends reborted on line 22 below ...... 20 i 22 Total div~ctenct dtstnbuttons paid f~om accumulated earnings and pmfifs ..................... 22 i 23 In~ (Ios~). (Redoired only If Scl~:loia M.-I must be complmed.) C~mblna lines 1 through 8 ~ in cotumn (bi. From the result, s~bl~'~ct the sum of lines 7 through 11a, 15e, and 16b ........... 23 --559r898' Form 1~20S (1996) TRINITY TKA · I ,S~hedU[~I Balance Sheets per Assets I Cash ..................................... 2a Trade notes and accounts receivable ............ b Less allowance for bad debts .................. 3 ~nventortes ................................. 4 U.S. Government obligations ................... 5 Tax-exempt securities ............. 6 Other current assets (attach schedule). 7 Loans to shareholders ............. 8 Mortgage and real estate loans ...... 9 Other Investments (attach schedule) .. los Buildings and other depreblable aesets b Less accumulated depreciation ...... 11e Oepleteble assets ................. b Less accumulated depletion ......... 12 Land (net of any amor~zefion) ....... 13a Int~ngtble assets (amort~abte only)... b Less accumulated amorl~zetlon ...... 14 Other assets (attach schedule) ......... c,~.. ~ 15 Total assets ............................ UabilRles and Shareholders' Equify 16 Accounts payaPte ................... 17 Mortgages, notes, bonds payable m ess :hen ' /ear 18 Other current liabilities (attach scheomel . -q-'2...-. lg L.~ans from shareholdem .................... 20 Mortgages, notes, bonds payable n ' year cr more . 21 Other Uabllifles (attach schedule) ............ 22 Capital stock ....................... 23 Paid-in or capital surplus ............... 24 Retained earnings .................. 25 Less cost of treasury stock ............. 26 Total liabilities and sherehblde~' e~u~l ...... .ST..5. CORPORATION .1-3 ! 80 ! 15 Page 4 Bs?inninc~ of tax year End of tax year a) (b) i (c) 600 = :l 174r 728 220~50 ' lt543r438 t 220'750i ~ 1,543,438 ! ~3,792 ~ ....... 4,311,366 385J 885 300 : 300~ 170i 160t$34. , -8,~ '~4,700 130 1901 .110 .... t550 3,960,722 2.192,282 436/595 11/2~4 2,9!,3,532 30C -50),992 I( ) ~ 2~498,247 ! 3.960,-'' Reconciliation of Income (Loss) per Books With Income (Loss) per Return are not reduired to complete this schedule if the total esters on line 15, column (d), of Schedule L ~re less than $2.5,CX30.) I Net income (Ioss) perboo~ .................... -574/082 5 mcomemcordedonix~3ksthtsyesrnot 2 income included on Schedule K,. lines 1 through 6, Inbluded on Schedule K, Iines 1 thrc4Jgn not recorded on books this year (itemize): 6 (itemize): a Tax-exempt intem~t$ 3 Expenses recorded on books this year not Included $ Deductions i~cluded on Schedule K~ lines 1 on Schedule K, lines 1 through 11a, 15e, and 16b through 11e, 15e, em:t 16b, not cha~ed (itemize): against book .income this year (itemize): a Depreciation $ a Oepmbla~on $ b Travei and entertainment $ SEE STMT 8 1~184 1~,.184 ? .AddllnesSand6 ..................... 0 4 Add lines 1 throuc, lh 3 ......................... --559 t 898 8 mc~me{]ossHScneauteK, llne23).Une~l,s~lineT. --559 ! 89 8 Analysis of Accumulated Adlustmentl Account, Other Adluitments Account, and Shareholders' Undistributed Taxable Income Previously Taxed (see page 22 of the insmJcUonsl Balance at beginning of tax year ................. Ordinary Income from page 1, line 21 ............. Other addltfons .............................. Loss from page 1, line 21 ...................... Other reductions .... S~. S T.2¥'~Iv~}~'T.. 9.. Combine lines 1 through 5 ..................... Distribuifons other than dNidand dist~b~Jons ....... 558~47~1 !5~609).( -6~9t~911---- -609r991! For~ 4562 ~Depreciation and Amortizatio,. (Including Information on Usted Property) · See separate instructions. ~ Attach this form to your return. CMa NO. 1545-0172 1996 s.quo.~..o. 67 TRINITY TPJ~NSPORTATION CORP. All Business Activities Pa~tiii{;~,;':i Election To Exoense Certain Tanoible Prooertv (Section 1791 (Note: ,fveu~ .... "qst,(~ ..... Maximum dctlar limitation. If an enterprise zone business, see page 2 of the ine~uc~ons ...................... 1 Total cost of section 17g property placed In service. See page 2 of the insimctions .......................... i 2 Threshold cost of section 179 property before reduction in IIm~ation ..................................... 3 Reduction in limitation. Subtract fine 3 ~m line 2. If zero or less, enter -0- ................................ Dollar limitation for tax year. Subtract line 4 from line 1. If zero or less, enter -0-. If married fillnq separately, see page 2 of the instroctfons.. (a} :~sc":)l';- :'e'er;el'/ --. Ih) 2;a: ::~.'ess.aa~~.v. (O~ :ec:e3cot~ Identl/¥ing number [1-3180115 7 Usted property. Enter .~mouqt ¥:.--..,ne 27 7 8 Total elected cost of secaon 179 property. Add amounts in column (c), lines 6 and 7 ......................... ' --~' ~ 9 Tentative deduction. Enter the sma,er of line 5 or I{ne 8 .............................................. 9 / 10 Carryover of disallowed deduction from 19(35. See page 2 of the ins~'uctJons ............................... 10 11 Businees income limitation. Enter the smatler of busines.s income (not less then zero) or line 5 (see instructions) 12 Section 179 expense deduction. Add lines 9 end 10, but c~o not enter more than line 11 ........ ,.,,, .... 13 Carryoverofd[saJloweddeduc~ontolgg7. Addllnesgand 10~leesllne12 .......... · 113 I ipart I; MACRs Deoreciatlon For Assets Placed In Service ONLY During Your 1996 Tax Year Section A-General Asset Account Election 14 you are maldng the etection under sec~on 168(i)(4) to group any assets placed in sen4ce dudng the tax year into one Section B-General Deoreciatlon System (GDS) (See page 3 of the insm~ctlons.) I (b)~'o.,..n~(c) e..,.,o.~.~.~.~,o. (d)~.~o= ()co.v~,o.IR,~o~..v · 5~1,~59__..~.,.0'; HY 200DB ~.~.~0 T.O~ uv ...... ~Q~DB 25 frs. 3iL 27.5 Ws. MM 39 ~-s. MM aM .~ 2§.-year h Residential rental oroperty ~rooerty 6-'., Sectlon.~:~l¥? ,Depreciation System ~OS) (see paqe 4 of the i~st~uc-aons.) 16a Class IlO b ~:~-?ear ..... ___2 ,~s. $1L C 40-vear I ! I 40yin. I MM I S/L iiParl~iltiiii Other Depreciation (Do Not Include Usted Property.) (see paqe 4 of the Instmc~ons. I 17 GDS and ADS deducttons for a,.~sets placed in service in tax yeers beginning befora1996 .................... 117 I 903,163 18 Pn3party subject to section 168(0(1) election ..................................................... 18 i !9 ACRS and otherdepreciatlon .................. , .......... 19 iPart!il~ii Summary (See paqe ~ of the instroc~ons.) 21 Total. Add deductions on line 12, lines 15 and 16 Jn cc~umn (g), and lines 17 through 20. Enter here and on the appropriate lines of your return. Pertnemhlpa end S co¢l:xorattons-see inmc~ons ......... ]'~ (,(~;~:~: ~ :~-:9 0 22 For ~ssets shown adore and p~eced in service dultng the c~rmn( year. smer :he portion of the basis attrib~ta~e to set,on 2~3A costs 22 For Fopar~vork Reduction Act Hoflc~ see page 1 of the ~ Inat~cttons. .-'orm 4562 TRINITY TRANSPO~rAT!ON CORP. 11-3180115 ~,~2 Listed Property-Automobiles, Certain Other Vehicles, Cellular Telephones, Certain Computers, and Property Used for Entertainment Recreation or Amusement Note: For any vehicle for which you am using the stsndara mileage rate or deducing lease expense, c~mplete only Se(;tlon A-Deoreclatlon and Other Info.etlon (Caution: Sea page 5 ortho Inst~ucttons for limitations for automol3iles.) 23a Do wu have evidence to SUDPO~ the busnJInveat use claimed? ~ Yes ~-~ NO~ 23b If 'Yes,' la the evidence wntten? ~ yes ~ No 24 Pmpedy used more than 50% in a quaJified business use (See paqe 5 of the ins~uctions.): COMPUTER i t I ! / J 11/12/931 100.00~ 1,1941 [,[~4f 5.001 20~DBMd [63 11/~.5/9~l ~.00.00~ 651J 651 5.00 200DBM; 89 '~ Property used 50% or less in a quaihled buaines~ use (Sea paqe 8 of the instructions.): 27 Add amounts in column (I}. Enter the total here and on line 7, paqe 1 SeCtion B-information on Use of Vehicles Com01ete this section for vehicles used by a sole p~opdetor, partner, or other 'mom than 5% owner,' or raiated 28 Tots~ buslnees/investment miles driven dutmg Vehicle I Vehicle 2 Vehicle 3 Vehicle 4 Vehicle 5 Vehicle 6 the year (DO NOT include commuting miles) 29 To~ commuting miles driven dudng the year. 30 Total other personal (noncommuting) miles driven .............................. 31 TotaJ miles driven during the year. Add lines 28 through 30 ..................... Yes No Yes No Yes No Yes No Yes No Yes No 32 Was the vehicle available for pemonei use during off-duty houm? ................... 33 wes the vehicle used pdmanly by a more than 5% owner or raiatad pas~on? ......... 34 Is another vehicle ay&liable for personal use? ................................ Section C-Questions for Employers Who P~)vlde Vehicles for Use by Their Employees Answer these questions to determine if yo~ meet an exception to comloteting Section B for vehicles used by empfoyess who are not mom than 5% ownem or retatad pamons. 35 r ~ ~U maintain'a written policy statement that prohibits all pemonai use of vehicles, including commuting, by your employees? .................................................................................... 36 Do y~3u maintain a written poticy st~mment that p~ohtbits personal use of vehicles, except commuting, by your employees? See page 6 of the inct~uctions for vehicles used by corporate offleam, directors, or 1% or more owners ....................... 37 Do you treat all use of vehicles by empioyess as personal use? .................................................... 38 Do you provide more than five vehicles to your employees, obtain information from your employees about the use of the vehicles, and retain the inf~'mation received? ....................................................... 39 Do you meet the requirements concerning qualified automobile demonslration use? See page 6 of the InsPections ............... Note: ff your answer to 35 35 37 38, or 391s -yes,' you need not complete Sec~on EI for the covered vehicles. Amortt=ntlon (e) (b) (c) 40 Amordz~tion af costs that beqins du~qr~ your 1996 tax yee~ 41 Amortization of costs that beqan b,~;~,,~ 1~ .......................... 42 TotaI. Enter here and on 'Other Oeductions' ~, "Ottter Exmen~s' llne of your mtum ....... 142 I DAA SCHEDULE K-1 (Form 1120S) Shareholder's identi~in~l number · 0 9 5 -5 0--'7 9 1 8 eharehoJder's name, address, and ZiP code DOMINICK TESTA 674 SALISBURY PARK DRIVE WESTBURY, NY 11590 Shareholder Share of Income, Credits, Deuuctions, etc. No. 1545-0130 · s...,.,et. ,.et.,,:.o.e. 1996 For caiendar yeer 19g6 ortax year ,1996, and endlnc~ ,19 Corporation's Identifying number · 1 1-- 3 18 0 1 15 Corporation's name, address, and ZIp code TRINITY TRANSPORTATION CORPORATION 214 BLYDENBURGH ROAD CENTRAL ISLIP, NY 11722 Shareholder's pementage of stock ownemhip for tax year (see insm~ctions f,x Schedule K-l) ............................. · IntemaJ Revenue Service Center where comomtton flied its return · HOLTSVILLE f NY Tax shelter registration number (see instructions for Schedula K-l) ......................... · Check applicabte Poxes: (1) [] Rnai K-I (2) [] Amended K-I 33.3333%% 1 2 0 · L d . $ ? I i lla NMN VET ENR b T T b R E O T c d 13 $XT C (a) Promteshere~ems Ordinary income (loss) from t~ade or ~usmeas ac~tles .................... Net income (loss) from mn'iai mai estate activities ......................... Net Income (loss) from other rental activities ............................. Portfolio income (loss): Interest ......................................................... Dividends ....................................................... Royalties ........................................................ ~ Net shore-term c~l gain (Io~1 ..................................... ~et long-term o~ihal ~n (loss) ...................................... Other ~:~lfo Income (k:~.q} (al~:h mhedule) ........................... ~' Net gain (loss) under snction 1231 56 (other than due fo casuait~ or theft) .................................... Other Income (loss) (attach schedule) ................................ Cherffable contributions (attach schedule) ........ SEE..LINE..23 .... Ssction 179 expense deduciton ..................................... Deduc'~ons related to portfolio income (loss) (attach schedule) ............. Other deductions (attach schedule) .................................. Interest expense on investment debts ................................ (1) Investment Income included on lines 4a, 4b, 4c, and 4f above .......... (27 Inveetnlent expenses Included on line 9 above ...................... Credit ~3r alcohol used as fuel ...................................... Low-income housing credit (1) From section 42(J)(5) perfo~shlps f~' property I~Ced In ss~lce hef~xe 1990. (2) Other than on line 1213(1) fi3r ptope~y placed in semite POIT~m 1990 ........ (3) From section 42(J)(b') perlnemhlps f~ papery placed In sen~:e after 1989 ., (4) Other than on line 12b(3) for moperty placed in sm'vice aff~' lg89 ......... Qualified rehabllltatton expenditures related to rental reel estate activities ................................... Credits (other than credits shown on lines 12b and 12c) r~ated fo rentel real estate ac~vifles ................................................... Credits related to other rentsi acWities ................................. Other creclits... Depresiat~on adjustment on property placed in se~ice ~ 1986 ............. Adjusted gain or loss ............................................... Depletion (other than oll and gas) ..................................... (1) Gross income from oil, gas, or geobhermel properties ................... (2) Deductions allocable to oil, gas, or geothermal properties ................ s · Other acl!ustments and tax prefomnce items (attach schedule~ ............... For Paperwork Reduction Act Not~e, see ~ 1 of foztructlon./or FCmlt 1120S. 11a I ~)Amount -186 (c) Form 1040 filers enter the amount in columr~(b) on: Sch. B, Part I, line 1 Sch. l~, Per~ II, line 5 Sch. E, Part I, line4 Sch. iD, line 5, col. (f) or (g) Sch. D, line 13, cot. (f) or (g) 475 Sch. A, Iine 15or16 Form 4952, line 1 Form 6478, line 10 Form 8586, line 5 38/902 } } ISee page 7 of ~e Shareh~der's Ins~ons for } Schedule K-1 I(,r-orm 11~S) $ct~:~.uie ~-1 (Form 1120S) (1996) TRINI ~O, ANSPORTATION CORPORATIC' (b) ~meunt F 15a o e b E d A x f E 16 b 17 16 19 r° E (a) I~'o rata share items Name of foreign country or U,S. posse.~d, on I, ii!!ii!!ii'. Total gmsc income from s~uroes outside the United StAtes (attach sch) .......... 115ct Total applicable deductions and losses (at'~ach schedule) .............. IlS~ TotAI fomign tAxes (check one): · E]PaJd [~Accmed ............ I 15el Reduc~on In taxes available fl3r credit (attach schedule) ...................... Other fore~n tax informatton (attach schedule) ............................. Sec~on 5g(e)(2) expenditures: · Type · Amount ........................................................... Tax-exempt Interest income ........................................... Other tax-exempt Income ............................................. Nondeductible expenses .............................................. Property dlsthbuitons (Including cash) other tYmn dividend dts~ibu~ons reported to you on Form 1OgG.-OIV ...................................... Amount of Icon repayments for'L~ens From Shareholdem'. .................. Recapture of Iow-lncome housing cmdrc From sec~on 42(J)(5) pagalemhips ...................................... Other than on llne 22a ............................................... 11-3180115 Page ? (c) FormlO4Ofllare enter the amount incalumn (b) on: Form 1116, Checl( boxes Form 1116, Part I Fom3 1116, Par~ II Form 1116, Part III See inst~. ~3r Form 1116 Form 1040, line 8b See pages 7 and 8 ofthe Shareholder's Ins~ucflons for Schedule K-1 (Form 1120S). Form 8611, llne 8 SupplementAJ in~3rm~iton required to be reported sepamt~y to each sharellotder (attAch eddl~onaJ schedules ~f mom st:~ce is needed): LINE 7 CHARITABLE CONTRIBUTIONS VARIOUS .................................................... $ 475 TOTAL $ 475 ,SHAREHOLDER 1 : DOMINICK TESTA 095-50-7918 SCHEI~ULE K-1 · '(Form 1120S) Internal Revenue Service beginning Shareholder's ident~in~l number · 1 ~) 0--5 2 --8 8 9 8 Shereholder's name, address, end Z~P code PATRICIA D IMATTEO 61 OLD BROOK ROAD DIX HILLS, NY 11746 Shareholder~J~hare of Income, Credits, · See separate info,lone. For calender year 19o~6 or tax year ,1~6, and ending Deaucfl~ns, etc. co~x.tlon's ide.mymg numbs' ~ 11- 3180115 ~n's name, add~, a~ ~P ~e OMEI NO. 1545-0130 1996 TRINITY TRANSPORTATION CORPORATION 214 BLYDENBURGH ROAD CENTRAL ISLIP, N~ 11722 Shareholder's percentage of Stock ownemhip for tax yesr (ssa Instracitons for Schedule K-I) ............................. · Internal Revenue Service Center where corpore~on filed ~ tatum · HOLTSVILLE ( N~ Tax shaiter reglstraUon number (see ins~-uc~o~ for Schedu{e K-I) ......................... · Check applicable boxes: (1) [~] Final Ko1 (2) [] Amended K-I 33.3333% £ b L d f 5 7 10 NaN 11a T T 12a b d 13 (a) Pm rem sham items Ominas, income (loss) from ~ede or business actlv~es .................... 1 Net income (loss) from rental real estate astJvitles ......................... Net income (lOss) f~3m ot~er rental actNi~es ............................. :3 ] Por~/olio income (loss): interest ......................................................... Dividends ....................................................... Royalties ........................................................ Net short-term capital gain (loss) ..................................... Net long-term capital gan (Io,,~) ...................................... Other port/olio income (los.s) (attach schedule) ........................... Net gain (loss) under Section 1231 (other than due to casua~ or theft) .................................... Other income ) .................................. 8 Chari~bte conMbutions (attach s~hedule) ........ S'~E..T,T~..2q ...... Section 179 expense deduct~3n ....................................... Deductions related to portf~io income (loss) (attach schedule) ............... Other deduc~ons (attach echedule) .................................... interest expense on investme~ debts .................................. (1) investment Income included on lines 4a, 4b, 4(3, end 4f above ............ (2) Investment expenses included on line 9 above ........................ Credit for alcohol ueed as fuet ........................................ Low-4ncome houaing c~ (1) From section 42(])(5) pe~lemhips for prop~ pieced in sen/ice be~xe t990. (2) Other than on line 12b(1) f~ property placed In ss~ce before t9g0 ........ (3) From sec~on 42(J)(5) pertnemhlps for prope6y placed tn es~,tce after 1989.. (4) Other than ~1 line 12b(3) ~ properly pieced in sstwlce after 1989 ......... Qualified rshahilltatton expenditures related to rental real estate activities ................................... Credits (other than credita shown on lines 12b and 12c) related to rental mai estate ectJvitie~ ................................................... Credita related to other rental activities ................................. Other crecflts ..................................................... J ~ b Adjusted gain or loss ............................................... 14b s x T C Depletion (other then oil end gas) ..................................... T E (1) Gross income from oil, gas, or geotllerrnai pml:~'tles ................... d(1) ~[ EF S · (2) Deductions eilocalNe~ oil, gas, orgeothermai ;mope~es ................ Other adtustmenta and tax ~,~.,~nce items (attach schedule) ............... For Paponvork Reduction Act Notice, see page 1 ~f tna~fl~tfxx~ts f~, F~m 1120~ SHAREHOLDER 2 (b) ,~rn~nt -186~ 158 475 (c) Form 1040 filers enter the amount In column (b) on: Sch. B, P~rt I, line 1 Sch. B, Part II, line 5 ach. E, Part l, line 4 Sch. D, line 5, col. (f) or (g) Sch. D, line 13, col (f) or (g) Sch. A, line 15 or 16 Form 4952, line 1 Form 6478, line 10 } } Form 8586, line 5 } } } 38/902 See page 7 of the I S hareholder% Insf~'ucflons for } Schedule K-I I(Form 112OS1 and Ins~uc~ons for Form 6251. ~le K-I (F~m 1120~) 1996 KFA S. CH'ED.U LE K-1 (Form 11205) Shareho, lae~ ~e~inninc~ Share of Income, Credits, · See separate Instructions, For calendar year 1996 or tax year ,1996, and endlr~ Shareholder's Identlfyinc~ number · 1 2 8 --5 8 --5:3:2 5 Shareholder% name, address, and ZJP code GINA CORE 535 SPLIT ROCK ROAD SYOSSET, NY 11791 Deu ui~llmns, etc. ,19 OMB NO. 1545-0130 1996 Cm'por~on'sldenttf~l~ .um~11-3180115 Corporation's name, eddress, Md dP code TRINITY TPJLNSPORTATION CORPORATION 214 BLYDENBURGE RO~ CENT~ ISLIP, ~ 11722 Shareholder's pementage of stocl~ ownership for tax year (see Ins~uctions for Schedule K-I ) ............................. · 3 3.3 3 3 3 % Internal Revenue Service Cemar wnare corporation filed its return · HOLTSVILLE f NY Tax shelter regisVation number (see instruc~one for Schedule K-l) ......................... · Checl( applicable boxes: (1) ~ Flnal K-1 (2) [] Amended K-1 (a) Pro ram share items (b) Amount (c) Form 1040 fllem enter the amount in column (b) on: I Ordinary income (IDes) from ~rede or buslnesa activities .................... I --186~157 see pages 4 and 5 of t~e 2 Net income (loss) from rental real estate activities ......................... 2 } Sharerlolder*s Instructions tor Schedule K-I (Form 1120E). 3 Net income (loss) from other rental activities ............................. 3 ~ 4 Porftol[o income (loss): o a interest ......................................................... 4a $ch. B, Part I, line I E b Dividends ......................................... ...; ........... 4b SCh. B, Pa~t I1, line 5 \ c Royalties ........................................................ 4c $ch. E, Par: I, line 4 oL d Net short-term caprtsJ gain (loss) ..................................... 4d $ch. D, line 5, col. (f) or (g) s · Net long-term capital gain (loss).. 4e Sch. D, line 13, col. (f) or (g) f Other portfolio Income (loss) (attach schedule) ........................... 4f [Enter on applicable line of your returr 6 Other income (loss) (attach schedule) ..... I 6 (Enter on a. oplicat31ellneotyour returr 7 Charffaiole contributions (attach schedule) ........ SEE..LTN~..23 ...... 7 4 7 5 Sch. A, line 15 or 16 E I 8 Scot,on 179 expense deduotion... 8 u N 9 Deductions reiated to pottf~31io income (loss) (attach schedule) .... g (Form 1 10 Other deductions (attach schedule) .................................... 10 N M N 1 la Interest expense on investment debts .................................. 11a FO~m 4952, line 1 VET E N R b (1) Investment income included on lines ,la, 4b, 4c, and 4f above ............ b{1) } see Sharet~older's Instructions T T (2) Investment expenses included on line 9 above ........................ 1~2) 12a Credit for alcohol used as fuel ........................................ 12a Form 6478, line I0 b LOw~ ncom e hou td ng c~redrc (1) From section 420)(5) po~memhlpa for prepare/piased In service before lggO. b(1) (2) Other than on line 12b(1) for property ~acad In sa'vice before lg90 ........ ! b{2) } Form 8586, line 5 a© (3) From section 42(J)(5) pmlnerships for property pieced In se~lce after lg89 .. : b(3) } E (4) Other than on line 12b(3) for pmparty ptaced In service after lg89., b(4) ~- c Qualified renat3tllta~on e;q3endltures e related to mrttai real estate co~,,ities ................................... 19.. d Credits (other than cmclits shown on lines 12b and 12c) related to rental mai } see page 7 of me shareholder's estate ac~vifie~ ................................................... 12¢1 } (Form 112081. · Credits related to other rerRai ac'dvifias ................................. 12e } 13 Other credits ..................................................... 13 See page 7 of the A 14a Depreciation adluetment on proper[I/placed in service after 1986 ............. 14a i 3 8 ! 9 0 3 } Shareholder's j3 r b Adjusted gain or loss ............................................... s x T C Depletion (other than oil and gas) ..................................... 14¢ T E } Schedule K-1 a "~ d (1) Gross d(1) } (Form 1120S) .......... end Ins~uc~ons ~ F (2) Deductions allocable to oil, gas, or geothermal moper'des ...... d(2) } for Form 6251. s e Other adiustments and tax oref~nce items (attach schedule) ............... 14e For P~ ~fworl( Reduction N:t 1~3tlce, m ~ 1 of I~'u~ons for F.m,m 1120..q. Soahedule K-1 (Form 112Ob') 1996 SHAREHOLDER 3 SchedUle K-1 (Form 1120S) (1996) TRINI ~-~J',AN S PORTAT I ON CORPOKATIC (a) PTO rata ·hare items ; 15a o a b E d A × f E 16 b 17 18 19 H E b Type of Income · Name of fl3raign coun137 or U.S, poscesSlOn · Total gross income ~Yom sources outrode the United States (·ttach sch) .......... Total applicable deduc~3ns and losses (attach schedule) ..................... Total foreign taxes (chscl~ one): · [] Paid [] Accrued ................... Reduction In taxes ·vail·hie for credit (attach schedule) ...................... Other fondsn tax Info~mation (attach schedule) ............................. · ·stUn 59(e)(2) expenditures: · Type · Amount ........................................................... Tax-exempt Interest Income ........................................... Other tax-exempt Income ............................................. Nondeducl~ble expenses .............................................. Property dls~ibutions (Including cash) other than dividend dlslflb~ons reported to you on Form 1099-DIV ...................................... Amount of h3an repayments for fl_o~ns From Shereholdem'. .................. Rscaptum of Iow-income housing credit: From sec~on 42(J)(5) parker·hips ...................................... Other then on line 22· ............................................... 11-3180115 Page ? (c) Form 1040 filer· enter (b) Amount the amount In column (b) on: Form 1116, Checi( b<3xes Form1116, Part l Form1116, Pert Il Form t116, Partlll See lnstnfl3rForm 1116 1040, line 8b See pages 7 and 8 of the Shareholder's Inst~c~dons ~3r Schedule K-1 (Form 1120S). Form 8611, fine 8 Supplemental Informatton required to be reported separately to each shareholder (attach eddltJonai schedules If more space ~s needed): LINE 7 CHARITABLE CONTRIBUTIONS VARIOUS .................................................... TOTAL $ 475 $ 475 SHAREHOLDER 3 : GINA CORE 128-58-5325 :EDERAL STATEMENTS PAGE I Client 206801 TRINITY TRANSPORTATION CORPORATION 11-3180115 STATEMENT 1 FORM 1120S, LINE 12 TAXES AND LICENSES LICENSES AND PERMITS ....................................... PAYROLL TAXES .............................................. ROAD TAXES ................................................. STATE TAX .................................................. TOTAL $ 48,788 133,764 57,290 55,282 $ 295,124 STATEMENT 2 FORM 1120S, LINE 19 OTHER DEDUCTIONS AMORTIZATION .............. AUTO AND TRUCK EXPENSE .......... BANK CHARGES .................... CONSULTANT FEES ................. DUES AND SUBSCRIPTIONS .......... EQUIPMENT RENTAL ................ FUEL ............................ INSURANCE ....................... LEGAL AND PROFESSIONAL .......... MOVING EXPENSES ................. OFFICE EXPENSE ............................ ROAD EXPENSES ........... SUBCONTRACTING ........ TELEPHONE ............. TOLLS ................. TRUCK REPAIRS ......... UNIFORMS .............. UNION ................. TOTAL $6O 15,738 8 040 1 150 1 442 15 470 571 510 442 560 16 804 4 721 18 869 17 978 2,671 168 39 613 66 428 427 945 2 744 155 026 $4,477,266 STATEMENT 3 FORM 1120S, SCHEDULE K, UNE 7 CHARITABLE CONTRIBUTIONS VARIOUS .................................................... $ 1,425 TOTAL $ 1,425 199~ I~EDERAL STATEMENTS PAGE 2 Client206801 TRINITY TRANSPORTATION CORPORATION 11-3180115 STATEMENT 4 FORM 1120S, SCHEDULE L, LINE 6 OTHER CURRENT ASSETS EMPLOYEE LOANS ..................................... LOANS RECEIVABLE ................................... TOTAL BEGINNING ENDING $ 3,600 $ 0 10,192 0 $ 13,792 $ 0 STATEMENT 5 FORM 1120S, SCHEDULE I., LINE 9 OTHER INVESTMENTS INVEST. IN SUBSIDIARY .............................. TOTAL BEGINNING ENDING $ 0 $ 32,000 $ 0 $ 32,000 STATEMENT 6 FORM 1120S, SCHEDULE~ MNE 14 OTHER ASSETS SECURITY ........................................... TOTAL BEGINNING ENDING $ 2,550 $ 1,550 $ 2,550 $ 1,550 STATEMENT 7 FORM 1120S, SCHEDULE L, UNE 18 OTHER CURRENT LIABILITIES P/[ TAXES PAYABLE .................................. STATE TAX PAYABLE .................................. BEGINNING ENDING $ 0 $ 814 27,000 10,480 $ 27,000 $ 11,294 TOTAL 19B6 Client 206801 TRINITY TRANSPORTATION CORPORATION 11-3180115 STATEMENT 8 FORM 112OS, SCHEDULE M-l, LINE 3 EXPENSES ON BOOKS NOT ON SCHEDULE K PENALTIES .................................................. POLITICAL CONTRIBUTIONS .................................... TOTAL $ 10,384 3,800 $ 14,184 STATEMENT 9 FORM 112OS, SCHEDULE M-~ LINE 5 OTHER REDUCTIONS CONTRIBUTIONS .............................................. $ PENALTIES .................................................. POLITICAL CONTRIBUTIONS .................................... 1,425 10,384 3,800 TOTAL $ 15,609 · suI te~uatuuoJ!AU:l /,llnJ. AN jo ~uauJ~BeueW Auedmos) f e:lU~UJUOd]AU3 -d~oD uo!le~JodsueJj. · DUi Ie~.U~UUOJ!AU: ,~lln.L AN jo ~,uauJabeu eW ' d.~os) uo!le~JodsueJ/ A].!u!J/ CONSTRUCTION MATERIAL AND/OR DEMOLITION DEBRIS (C & D) HAUL AND DISPOSAL SERVICES AGREEMENT DOCUMENTS TOWN OF SOUTHOLD STATE OF NEW YORK TOWN OF SOUTHOLD Prepared by: Solid Waste Task Force Technical Committee 53095 Main Road Southold, NY 11971 May, 1997 NOTICE TO BIDDERS CONSTRUCTION & DEMOLITION DEBRIS (C&D) HAUL-DISPOSAL SERVICES The Town of Southold will receive sealed bids for construction and demolition debris haul-disposal services until the time and at the location herein specified which will then be opened and publicly read aloud; PLACE: Office Of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 (516) 765-1800 DATE: Thursday, May 22, 1997 TIME: 1:00 P.M. EDST (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 construction and debris and disposing construction & demolition debris at the Contractor's Construction & Demolition Debris Disposal Site. The term of this Agreement shall be three (3) years commencing on July 10, 1997. The Town, at its sole discretion, shall have the option of renewing the Agreement for two additional one year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term. Bids must be made in writing on the forms furnished and shall be accompanied by a Bid Guaranty in the Form of certified check, money order, bank draft or standard form letter of credit made payable to Town of Southold, or bid bond, in the sum of one hundred thousand dollars ($100,000.00) wherein the named obligee shall be the Town of Southold. The successful Bidder shall be required to furnish a performance Bond, and insurance in accordance with the instructions in the Bid Solicitation. The bid 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.: Office Of the Town Clerk Southold Town Hale 53095 Main Road Southold, New York 11971 Upon payment of non-refundable fifty dollars ($50.00) Bid Solicitation may be picked up at: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Bidders will be allowed to ask questions regarding the Bid Solicitation during a pre-bid conference to be held at 10:00 A.M., Monday, May 12, 1997 at: Southold Town Hall 53095 Main Road Southold, New York 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 (516) 734-7685. Judith T. Terry Town Clerk For further information regarding bidding requirements, contact Judith T. Terry (516) 765-1800. For information regarding Town Of Southold waste program and haul- disposal operations, contact James Bunchuck (516) 734-7685. 3 TABLE OF CONTENTS GLOSSARY OF TERMS SECTION A - SUBMISSION REQUIREMENTS 1.0 Project Purpose 2.0 Schedule 3.0 Examination OF Agreement Documents 4.0 Information to be Submitted 4.1 Contractual Bid 4.2 Supplemental Information 5.0 Bid Format 5.1 Binding 5.2 Form Preparation 6.0 Submission of Bid 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 Construction and debris 4.1 Quality and Characteristics 5,0 Program Activities 5.1 Collection 7 10 11 11 12 13 13 14 15 15 15 15 16 16 16 17 17 18 18 18 19 19 19 2O 21 21 22 22 22 22 23 24 25 26 26 26 27 27 27 5.2 Loading Mode 5.3 Town of Southold Accident and Damage Policy 5.4 NYSDEC Part 360 Permit to Operate 6.0 Haul Services 6.1 Work Included 6.2 Equipment 6.3 Weighings 6.4 Routing Mode - Contractor's Responsibility 7.0 Disposal Services Program Activities 7.1 Work Included 7~2 Operational Capacity 7.3 Permit Requirements 7.3.1 Disposal Sites Inside State Of New York 7.3.2 Disposal Sites Outside State of New York 7.4 Weighings 8.0 Safety and Health Regulations 9.0 Operations and Procedures 9.1 Supporting Data SECTION C - TOWN OF SOUTHOLD CONSTRUCTION AND DEBRIS HAUL/DISPOSAL SERVICES 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 Information Schedule A Information Schedule B Information Schedule C Information Schedule D Information Schedule E Information Schedule F Information Schedule G Information Schedule H Information Schedule I Information Schedule J Information Schedule K Information Schedule L Information Schedule M 28 28 28 29 29 29 30 3O 31 31 31 31 32 33 33 34 35 35 37 38 38 42 42 43 44 44 5 SECTION D - APPENDICES Appendix A Sample Operating Agreement Appendix B New York State Department of Environmental Conservation Permit Appendix C Accident Report Appendix D Town of Southold SWMP (Executive Summary) Appendix E Town of Southold Overview of Transfer Station Operations 6 GLOSSARY OF TERMS ADMINISTRATOR - Shall mean the Coordinator of construction and demolition debris (or his agent) Of the Town of Southold, New York. AGREEMENT - Shall mean a Form operating agreement set forth 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, 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 10, of a calendar year to July 9, of the next calendar year. BIDDER - Shall mean any party or parties submitting in proper form a bid to perform the work as specified in the Agreement Documents. The successful Bidder selected by the Town to perform the specified work will thereafter be known as the Contractor. BID PRICE - Shall mean the unit cost to determine the ranking of bidders. BID SOLICITATION - Shall mean this document, specifications, and any bid addenda issued. COMMENCEMENT DATE - Shall mean July 10, 1997. CONSTRUCTION MATERIALS AND/OR DEMOLITION DEBRIS (C&D) - Shall mean solid waste resulting from the construction, renovation, equipping, remodeling, repair and demolition of structures and roads. Such waste includes, but is not limited to, bricks, concrete and other masonry materials, soil, rock, wood, wall coverings, plaster, drywall, non-asbestos insulation and roofing shingles. CONSTRUCTION MATERIALS AND/OR DEMOLITION DEBRIS (C&D) DISPOSAL SITES - Shall mean any site designated by the Contractor where construction and demolition debris is disposed of in a manner that minimizes environmental hazards and is permitted under the design and operation requirements of 6 NYCRR Part 360 or alternatively outside the State of New York, is permitted under design and operation requirements meeting the requirements of 1) that jurisdiction's applicable regulatory agency and 2) Town of Southold's minimum standards. GLOSSARY- I 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 perform the work, or the heirs, executors, administrators, agents, or successors thereof. COORDINATOR - Shall mean the coordinator of construction and demolition debris for the Town of Southold. COUNTY - Shall mean Suffolk County, State Of New York. DAILY - Sunday to Saturday, inclusive. EPA - Environmental Protection Agency (Federal). HAUL-DISPOSAL SERVICES UNIT PRICE - Shall mean the Contractor's compensation in dollars for each ton of construction and demolition debris actually hauled from the Town Of Southold Transfer Station to the Contractor-Designated Disposal Site and disposed of at the Contractor-Designated Disposal Site. HAZARDOUS WASTE - Shall mean (1) any "hazardous waste" as defined under the Resource Conservation and Recovery Act, 42 USC. Section 6901 et seq., or "hazardous substance" as defined under the comprehensive Environmental Response, Compensation, and Liability Act, 42 US.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 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 OWNER - Shall mean the Town Of Southotd, New York. Also may be referred to as the Town. PERMIT - Shall mean any and all permits, licenses, approvals, certificates of public convenience and necessity, Franchises or authorizations which must be issued by any Governmental Body having jurisdiction thereof to legally enable the Contractor to transport and/or dispose Of construction and demolition debris. PERMITTEE - Shall mean any person issued a valid permit to haul construction and demolition debris or to construct, establish, maintain or operate a construction and demolition debris Disposal Site. RCRA - Resource Conservation Recovery Act (Federal). SOLID WASTE - Shall mean all putrescible and non-putrescible materials or substances, including but not limited to garbage, refuse, rubbish, ashes, agricultural wastes, and offal. (Solid Waste does not include C&D waste, recyclables, hazardous, or infectious waste). SOLID WASTE DISPOSAL SITE(S) - Shall mean any site designated by the Contractor where solid waste is disposed of in a manner that minimizes environmental hazards and Is permitted under the design and operation requirements of 6 NYCRR Part 360 - Solid Waste Management Facilities, or alternatively outside of the State of New York, is permitted under design and operation requirements meeting the requirements of 1) that jurisdiction's applicable regulatory agency and 2) Town of Southold's minimum standards. Also may be referred to as Disposal Site(s). SUBCONTRACTOR - Shall mean an individual, firm or corporation having a direct contract with the Contractor for services, equipment, materials and/or labor. GLOSSARY-3 SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS AND AWARD BASIS 1.0 PROJECT PURPOSE The Town of Southold expects that it will receive and need to dispose of approximately 5,000 tons of construction material and/or demolition debris during the agreement year. It is possible that the Town of Southold will contract with another town to receive and dispose of their construction material and/or demolition debris. If this happens the quantity of wastes to be hauled and disposed of under this Agreement will increase. This Bid Solicitation will ensure Town of Southold's construction and debris will continue to be 1) hauled From the Town of Southold Transfer Station to Disposal Site(s) and 2) disposed of at permitted Disposal Site(s). 2.0 SCHEDULE The schedule below is an estimate of the time period leading up to the commencement of the Agreement. Its intent is to provide each Bidder with an idea of when certain events may occur. The dates given are guidelines and should not be construed as firm dates or deadlines due to the multiple parties involved in the decision making process. EVENT DATE Transfer Station Visits By Appointment Pre-Bid Conference May 12, 1997 Bid Opening May 22, 1997 Town Board Approval June 3, 1997 Agreement Executed On or Before June 25, 1997 Operations Commencement July 10, 1997 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, performance or furnishing of the work; (f) study and carefully correlate the Bidder's observations with the Agreement Documents; and (g) notify the Town Clerk of all conflicts, errors or discrepancies in the Agreement Documents. Reference is made to the following Appendices which contain supplemental information which is attached to and made part of the Agreement Documents: AppendixA: Sample Operating Agreement Appendix B: NYSDEC Part 360 Operating Permit Appendix C: Town of Southold Accident Report Reference is made to the following Appendices which contain supplemental information which is attached to the Agreement Documents solely for the convenience of bidders: Appendix D: Solid Waste Management Plan Summary Appendix E: 1996 Cumulative Waste Summary Reference is made to the Following information which is available for review by Bidders at the Town Clerk's Office during normal business hours - 8:00 P.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 form their own conclusions and opinions from this information and shall confirm any information 12 contained therein regarding facilities and equipment through site visits. The Town does not guarantee the accuracy of any information 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 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. 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 tlqe Bid is premised upon performing and furnishing the work required by the Agreement Documents, and that the Agreement Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performing and furnishing the work. Bidders will be allowed to ask questions regarding the Bid Documents during the pre-bid conference to be held at: Town Hall 53095 Main Road Southold, New York 11971 May 12, 1997 at 10:00 A.M. 4.0 INFORMATION TO BE SUBMI'FrED WITH PROPOSAL 4.1 Contractual Bid For the purpose of assisting the Town in determining the responsible Bidders for this Bid Solicitation, the Bidder is required to submit the following minimum information with his bid: i. Contractor Bid Form ii. Bid Security or Bid Bond iii. Information Schedules A through M as applicable iv. Supplemental Information as described in 4.2 4.2 Supplemental Information In addition to the aforementioned forms, the Bidder is required to submit the following supplemental information with his bid: Operational Plan: A plan describing the Bidder's assessment of the requested operation set forth in Exhibit M. This section shall be divided into the following subsections: o 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. o Disposal A detailed summary of requirements of site capacity, useful life, hours and days of the week, operation, etc., shall be included to provide the Town with general anticipated guidelines for performance under the Agreement. A copy of the current Permits to Construct and Permits to Operate shall be included. If the Construction and debris Disposal Site is located outside the State of New York, a copy of the current applicable laws and regulations governing the design, construction and operation of the Disposal Site shall additionally be included. 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 Disposal Sites. 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 number or identity of such subcontractor(s), the proposed change must be submitted to the Town for approval. No such change shall be made without the Town's approval. In addition, it is the policy of the Town of Southold to encourage the participation of Minority Business Enterprises (MBE's) and Women- Owned Business Enterprises (WBE's) on Town projects. For this reason, the Agreement will require Contractor to use its best efforts to include among its subcontractors MBE and WBE firms. In the event the successful Bidder intends to subcontract in excess of twenty-five percent (25%) of the work, the Bidder will be required to submit to the Town an MBE/VVBE Utilization Plan acceptable to the Town prior to the Town's execution of the Agreement. Disposal Site Subcontractor: In the event the Bidder does not own the Disposal Site identified in its Bid, the Bidder shall furnish a statement, signed by an authorized representative of the Disposal Site, which provides for Bidder's use of the site pursuant to this Bid Solicitation in accordance with the Agreement Documents. THE SUPPLEMENTAL INFORMATION REQUIREMENTS MAY BE SATISFIED BY INCLUDING A REFERENCE TO AN INFORMATION SCHEDULE (A-M) IF THE SCHEDULE PROVIDES THE INFORMATION REQUESTED AND IS INCLUDED IN THE BID. 5.0 BID FORMAT 5.1 Binding The document(s) if bound shall be in a manner that will provide for easy evaluation access (to lie flat when opened). Printing on both sides of the sheets, provided a quality paper is utilized that will prevent the type from showing through, is acceptable. Paper with substantial recycled content is preferred. 5.2 Form Preparation Bids shall be submitted in the form described in this Bid Solicitation. All blank spaces for bid prices shall be properly filled in, in ink or typed, in both words and numerals for all bid categories required. In the event a price shown in words and its equivalent shown in figures do not agree, the written words shall be binding on the Bidder. BIDS SHALL NOT BE QUALIFIED, MODIFIED, LIMITED OR RESTRICTED IN ANY WAY. In the event a specification is not applicable, it shall be so indicated. Incomplete bids may not be considered, depending on the nature of the missing information. 6.0 SUBMISSION OF BID Each Bidder shall submit six (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 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: 15 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 successful Bidder. 8.0 EXECUTION OF AGREEMENT, FURNISHING OF BONDS The successful Bidder, or its legally authorized representative, shall be required to appear in person within ten (10) days of the Notice of Award by the Town at the place and time designated by the Town to execute the Agreement and other Agreement Documents for Haul/disposal services. The successful Bidder shall, at its own cost and expense, procure, execute and deliver to the Town the following documents within ten (10) days of formal Notice of Award by the Town. Performance Bond - A Performance Bond shall be in an amount of one million dollars ($1,000,000.00). 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. 9.0 CONSIDERATION OF BIDS The Town of Southold reserves the right to reject any/or all bids for haul and disposal services if such action is deemed to be in the best interests of the Town. To be considered responsive to this Bid Solicitation, each Bidder shall: l? A. Provide equipment, labor, maintenance and management services to hau~ and dispose of construction and debris from the Town of Southold Transfer Station to Contractor designated Construction and debris Disposal Site(s) as set forth in Section B - Bid Specifications. B. Reserve and provide a minimum available 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 law to receive construction and debris at the designated Disposal Site(s). D. Provide evidence of physical and financial capability to perform services described in the bid specifications. 10.0 SELECTION OF CONTRACTOR Bids will be evaluated only if accompanied by the approved form of bid guaranty. Only bids solicited 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 Conservation Recovery Act and Federal Environmental Protection Agency guidelines will be accepted. The Town will review the bids and make a selection recommendation based on the evaluation criteria included in this Bid Solicitation or take such other action as it deems in its best interest. Any agreement awarded hereunder will be to the responsible Bidder whose Evaluation Unit Bid Price is the lowest. The Town of Southold reserves the right, in its sole discretion, to reject all bids submitted in response to this Bid Solicitation. 11.0 ACCEPTANCE OF BID The acceptance of a Bid will be a Notice of Award signed by a duly authorized representative of the Town, and no other act of the Town shall constitute the acceptance of a Bid. The acceptance of a Bid shall bind the successful Bidder to execute the Agreement and other Agreement Documents. 12.0 ASSIGNMENT The successful Bidder to whom any Agreement shall be let, granted, or awarded shall not assign, transfer, convey, sublet, or otherwise dispose of the Agreement or of his right, title, or interest therein or his power to execute such Agreement, to any person or corporation without the prior written consent of the Town. 18 13.0 LIMITATION OF FUNDS AVAILABLE The Contractor specifically agrees that any Agreement shall be deemed executory only to the extent of the funds appropriated for the purpose of the Agreement and that no liability shall be incurred by the Town beyond the funds appropriated on the date of execution of the Agreement by the Town for the said purpose. 14.0 INSURANCE AND BONDS 14.1 Insurance For the period 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 provided by companies licensed to do business in New York State and the state in which the Disposal Site(s) is (are) located. The Town of Southold and its agent shall be named as an additional insured and coverage shall not be changed or cancelled until thirty (30) days written notice has been given to the Town. Within ten (10) days of the Notice of Award, Contractor shall furnish to the Town, certificates of insurance, in a form satisfactory to the Town Attorney, evidencing such insurance. The kinds and amounts of insurance are as follows: A. Contractor's Insurance - Insurance for liability for damage imposed by law of kinds and in the amounts hereinafter provided covering all work under the Agreement, whether performed by Contractor or his subcontractors. The kinds and amounts of insurance are as follows: (1) Worker's Compensation Insurance - A Policy covering the operations of the Contractor in accordance with the provisions of Chapter 41 of the Laws of 1914 as amended, known as the Worker's Compensation Law, covering all operations Of the Contractor, whether performed by him or by his subcontractors. The Agreement shall be void and of no effect unless the person or corporation making or executing same shall secure compensation coverage for the benefit of, and keep insured during the life of said Agreement such employees in compliance with provisions of the Worker's Compensation Law. (2) General Liability (Comprehensive Form) Insurance - Contractor's liability insurance issued to and covering legal liability of the Contractor with respect to all work performed by him under the Agreement. The following insurance coverage shall be included: 19 of the Town of Southold The standard form 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 Contractor's Disposal Site(s) operation. This obligation shall be ongoing, survive the term of the Agreement and include, but not be limited to, claims concerning non-sudden environmental impairments. The Bidder agrees to join in the commencement of any action or proceeding or in the defense of any action or proceeding which in the opinion of the Town constitutes actual or threatened interference or interruption with the Town's rights hereunder, including all necessary appeals which may be necessary, in the opinion of the Town. 16.0 PAYMENTS Contractor shall receive monthly payments for services performed during the prior calendar month upon submission of an invoice (with a Town voucher) that shall contain an itemized list of construction and debris haul trips from the Town of Southold Transfer Station including the tonnage of construction material and/or demolition debris and the manifest number for each load of construction and debris removed. Such payments shall be made within sixty (60) days of the Town's approval of Contractor's invoice. Contractor's monthly invoice shall include a daily summary of tonnage received by Contractor at the Transfer Station. The Town shall be entitled to 21 deduct from any payment owing to Contractor any sums expended by the Town to cure any default or other non-compliance by Contractor. 17.0 DEFAULT In the event the Contractor fails to perform its obligations under the Agreement, the Town may terminate such Agreement, and the Town may procure the services from other sources and hold the Contractor responsible for any excess costs incurred and deduct from payments owing to the Contractor and/or draw upon the Performance Bond as full or partial reimbursement for such excess costs. The Town reserves the right to terminate the Agreement for just cause. 18.0 TERM OF AGREEMENT The term of this Agreement shall be three (3) years commencing on July 10, 1997. The Town, at its sole discretion, shall have the option of renewing the Agreement for two (2) additional one (1) year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term. 19.0 SERVICE AGREEMENT The Contractor shall be obligated to provide the Town with disposal services without regard to the permit status of its Disposal Site. In the event that Bidder wishes to submit a bid for a Disposal Site for which Bidder does not currently have all necessary federal and state permits, Bidder shall, at its sole risk and expense, be responsible for obtaining and/or renewing its permits or providing to the Town an alternate Construction and debris Disposal Site at no additional cost (disposal plus any additional hauling) to the Town. This is a full service Agreement and failure of the successful Bidder to provide the identified Disposal Site or acceptable alternative Disposal Site, on or after the commencement ~late for services under the Agreement Documents awarded hereunder shall constitute a breach of this Agreement. The Bidder accordingly shall not be excused from it obligations hereunder by reason of any failure to obtain or maintain its permits at the identified Disposal Site. 20.0 SUBCONTRACTS In the event Bidder does not own the Disposal Site identified in its bid prior to execution of the Agreement, Bidder shall: (1) furnish to the Town a copy of the signed Agreement between Bidder and the Disposal Site Contractor which provides for Bidder's use of the site pursuant to this Bid Solicitation in accordance with the Agreement Documents; 22 21.0 its discretion (2) require the Disposal Site Contractor to furnish to Contractor and the Town a performance bond guaranteeing the availability of the Disposal Site throughout the term of the Agreement; (3) require the certificates Contractor to provide insurance naming the Town as additional insureds on all policies maintained by Contractor. RIGHTS AND OPTIONS The Town of Southold, New York, reserves and holds at the following rights and options upon issuing this Bid Solicitation: 1. To award an Agreement to the candidate whose bid is judged to be the lowest responsible bid pursuant to Section 103 of the General Municipal Law of the State of New York. 2. To reject any and/or all bids. 3. To issue subsequent bid solicitations. 4. To issue additional and subsequent solicitations for statements of qualifications, and conduct investigations or interviews with respect to the qualifications of each Bidder. 5. To designate another public body, private or public agency, group, or authority to act in its behalf for evaluation and Agreement negotiations. 6. To designate another public body, private or public agency, group, or authority to act in its behalf for contract administration of this project at any time during the Agreement period. 23 SECTION B BID SPECIFICATIONS (TECHNICAL/MANAGEMENT) SECTION B BID SPECIFICATIONS TECHNICAUMANAGEMENT 1.0 REQUIREMENTS This request for bids is issued for the Town of Southold, State of New York, Town Hall, 53095 Main Road, Southold, New York, 11971 (Telephone (516) 765-1800) The effort, shall be known as the Town of Southold Construction Material and/or Demolition Debris Haul Disposal Service. The Town of Southold desires to issue an Agreement with a qualified Contractor to haul and dispose of a portion of its Construction and Debris. The Town will need to dispose of approximately 5,000 tons of construction and debris during the agreement years. The Contractor will ensure the Town that construction debris will continue to be; 1 ) hauled from the Town of Southold's transfer Station to disposal site(s), and; 2) disposed at permitted disposal site(s). The following general services are sought in this request: · HAUL Provide equipment, labor, maintenance, management and policies to operate a transportation system for hauling construction and debris from the Town of Southold transfer Station to Contractor designated disposal site(s) as set forth herein. Transportation equipment shall be in accordance with New York State Department of Transportation, Interstate Commerce Commission, United States Department of Transportation, as defined in the Code of Federal Regulations, or other applicable state and federal regulatory requirements. · Disposal Reserve capacity and provide equipment, labor, maintenance, management and policies to receive and dispose of construction and debris from the Town of Southold Transfer Station as set forth herein. The Contractor's New York State Construction and debris Disposal Site(s) must be in compliance with all State of New York Department Of Environmental Conservation's and U S. Government's Regulatory requirements, e.g., 6 NYCRR Part 360, Resource Conservation Recovery Act (RCRA), Environmental Protection Agency - Subtitle D, et al. Disposal Sites outside New York State shall be permitted by applicable 25 2.0 3.0 4.0 local, state and Federal laws including RCRA and Subtitle D and regulations deemed by the Town to be no less protective of the environment than those outlined in this specification. Disposal alternatives that will be considered include land disposal, incineration, composting, etc., as long as they comply with regulatory requirements and environmental standards. PROGRAM GOALS AND OBJECTIVES The goal of this project is the continued safe and reliable hauling and disposal of the construction and demolition debris from the Town Of Southold Transfer Station at minimum cost to the citizenry. It is also the objective of the Town of Southold to ensure that the disposal operations proceed according to the provisions of this document and subsequent agreements/amendments are upheld. haul- POTENTIAL REGULATORY AND OPERATIONAL CHANGES During the term of the Agreement, there may be a number of regulatory and operational changes which may Affect the quantities and types of construction and debris received at the Town of Southold Transfer Station and delivered to the Disposal Site. This Agreement will not provide any guarantees with respect to the volume of waste to be hauled and/or disposed of by Contractor. The Town reserves the right to designate another public body, private or public agency, group or authority to act in its behalf for administration of the Agreement at any time during the term of Agreement. CHARACTER OF THE CONSTRUCTION AND DEBRIS The wastes which are to be hauled and disposed of under terms of this bid solicitation are to include typical municipal wastes from a rural community. This will include all wood, sheet rock, shingles, insulation, concrete, bricks, metal, and other items generated by the construction industry. It could also include items generated by renovation activities such as broken furniture, small appliances, carpets, and other like items, as allowed under 6 NYCRR Part 360. It should not include typical household garbage other than what might be generated by construction work crews at construction sites during coffee breaks, lunch breaks, etc. Nor should contraction material and/or demolition debris include any wastes covered by special waste permits such as pathogenic or hazardous materials, but the Town cannot guarantee 26 4.1 5.0 5.1 that the waste stream does not contain same. Special costs associated with handling non-compliance loads will be compensated under Forced Accounting (Appendix A-9). Quality and Characteristics The Town Of Southold's historical construction and debris quantities and characterization data are included in the Appendices. 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 the noncompliance waste in accordance with local, state and Federal regulations. Compensation for such waste disposal services shall be provided for under Forced Accounting (Appendix A-9). The Town makes no specific representations in the foregoing disclosure. PROGRAM ACTIVITIES Collection The Town of Southold Transfer Station is open 7 days a week, except holidays, from 7:00 A.M. to 5:00 P.M. The Contractor will be expected to collect and remove construction and debris from the Transfer Station during the following hours: Monday through Friday 7:00 A.M. to 4:00 P.M., The Transfer Station is closed on the following holidays: New Year's Day Martin Luther King Day Lincoln's Birthday Presidents Day Easter Sunday Memorial Day Independence Day Labor Day Columbus Day Election Day Veterans Day 1/2 day before Thanksgiving Thanksgiving 1/2 day before Christmas Christmas 1/2 day before New Year's Day The Contractor must make transfer containers available for loading seven days a week, if requested, between 7:00 A.M. and 4:00 P.M. Removal of waste on Sundays is frequently not required during the winter months. 2? 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 Loading Mode The Contractor shall fully prepare transfer containers for loading, including assuring that container covers or empty containers are left open. Construction and Debris will be loaded by the Town at its Transfer Station using a front end wheel loader or backhoe. After loading, Contractor will bring transfer containers to the Town's truck scales for weighing to prevent overloading and to document haul and disposal tonnages. Contractor will then cover (tarp) his load prior to leaving the site. If required by any local, state or Federal regulations or law, the contractor shall line transport equipment with plastic prior to loading. This service shall be at the Contractor's expense and included in the unit price bid. 5.3 Town Of Southold Accident and Damage Policy The Contractor shall be required to prepare an Accident Report (See Appendix C) Of any accidents and/or damage that occur while performing services under the term of the Agreement. The Town of Southold shall immediately be notified of any major occurrences such as bodily injury of structural damage to the Town's Transfer Station. An Accident Report will be submitted to the Town within twenty-four (24) hours containing the date, time, location, and complete description of all incidents. The offending parts or representative/e thereof shall also be recorded and required to sign the accident/damage report prior to departing the Town of Southold Transfer Station. All accident and/or damage reports will be included in reports to the Town. 5.4 NYSDEC Part 360 Permit to Operate The Town Of Southold operates the Transfer Station under a New York State Department of Environmental Conservation (NYSDEC) Part 360 Permit to Operate. A copy of NYSDEC Permit is included as Appendix B. 28 6.0 HAUL SERVICES For Construction and Debris Haul-Disposal Services Agreement, the following services will include the tasks, responsibilities and performance required as outlined herein. 6.1 Work Included 6.0 The Contractor shall provide the following major essential services or equipment and any other nonspecified items, without limitations, to maintain a reliable haul services operation in a manner that will meet the needs of the Town of Southold. · Management and operation of a fleet to accommodate the transport of construction and debris from the Town transfer Station to Construction and Debris Disposal Site(s) in accordance with all local, state, and Federal regulations. · Financial liability and maintenance responsibility of transport equipment, i.e., dump trailers, transfer trailers bulk material containers, vehicles, personnel and services for open-top loading construction and debris hauling activities. · Coordination of haul services with disposal services. Equipment The Contractor shall provide reliable refuse handling and other essential ancillary equipment, along with personnel to operate and maintain a reliable haul services system in a manner that will satisfy the needs of the Town of Southold. The minimum level of haul services equipment acceptable to the Town to support the haul operation includes open-top trailers and bulk material containers. The Contractor will supply additional open-top trailers and containers, etc. The contractor must assure the Town that an adequate reserve supply of equipment exists to haul and dispose of the daily and seasonal construction and debris including unpredictable surges or delays due to inclement weather and that transport equipment storage requirements will meet the Town of Southold Transfer Station requirements. Each bidder is therefore responsible for familiarizing itself with the Town of Southold Transfer Station site, construction and debris, etc., to assure equipment compatibility. Transport equipment may be open-top bulk material containers, dump trailers, roll-off containers or opentop transfer trailers, provided that all such equipment 29 is suitable for convenient loading given existing configurations of the Town of Southold Transfer Station. Transport equipment shall be: 1) Registered with the State of New York Department of Motor Vehicles or equivalent agency; 2) designed to preclude spillage of waste; 3) loaded within their design capacity and New York State Department of Transportation regulations; 4) well maintained in good working order. Corroded, defective, bent, deformed or punctured trailers, roll-off boxes, or other containers of waste materials shall not be utilized at any time. Suitable covers shall be provided and used while transporting construction and debris in open-top transport equipment. The bidder shall clearly indicate the quantity and type of transport equipment/vehicles it plans to use, their availability date, state of repair, and that such units are compatible with the Town of Southold Transfer Station scales and New York State DOT regulations, United States Department of Transportation, as defined in the Code of Federal Regulations, or equivalent. The Contractor will promptly remove from use any transport equipment/vehicle that does not conform with these requirements and replace it with an acceptable unit. The Contractor shall maintain its own off-site maintenance shop facilities for servicing the transport equipmentand vehicle fleet, unless it elects to subcontract for these services. No major maintenance may be done at the Town of Southold Transfer Station site. 6.3 Weighings The Town of Southold will provide certified weighing at the Town of Southold Transfer Station. The Contractor will accept these weights for invoicing purposes. All weights will be generated on current certified weigh scales. 6.4 Routing Mode - Contractor's Responsibility Contractor will have the right to select the route(s) for travel from the Town of Southold transfer Station to the Disposal Site(s). Contractor warrants and guarantees that, in selecting and utilizing such route(s), Contractor will insure that it is not violating any applicable motor vehicle height (overpass clearance), motor vehicle weight restrictions, local ordinances or Interstate Commerce Commission regulations. Contractor will indemnify and hold the Town harmless from any claims, fines and other damages assessed upon or incurred by the Town as a result of any violations of applicable restrictions or regulations relating to the routes traveled by the Contractor. 7.0 DISPOSAL SERVICES PROGRAM ACTIVITIES 3O For Construction and Debris Haul-Disposal Service Agreement, the following disposal services will include the tasks, responsibilities and performance requirements as outlined herein. 7.1 Work Included The Contractor shall provide the following major essential services or equipment and any other nonspecified items, without limitations, to maintain a reliable disposal services operation in a manner that will meet the needs of the Town Of Southold. 7.2 7.3 · Liability insurance, performance and payment bonds. · Safety equipment. Operational Capacity The bidder shall identify in its proposal, the following information: · Disposal Site capacity. · Flexibility of Disposal Site capacity to allow for seasonal variances in waste generation and sufficient to permit service in the tonnages bid. · Hours and days of the week that the designated Disposal Site will be open for receiving construction and debris from the Town of Southold, including weekends, holidays and special closure periods. Permit Requirements Throughout the term of Agreement that may result from this Bid solicitation, the Contractor must maintain all current and valid local, state and Federal permits, licenses, or other authorizations, (either temporary and permanent) which are required by law to receive construction and debris at any and all Disposal sites designated by the bidder. Because of the varying terms of Construction and Debris Disposal Site permits, it is possible that a permit will expire during the term of Agreement. The responsibility of obtaining and/or renewing a permit to operate is solely upon the Contractor. In the event a Contractor fails to maintain or obtain any necessary current and valid local, state and Federal permits, licenses, or other authorizations, allowing 31 7.3.1 the lawful use of its designated Disposal Site then the Contractor will be solely responsible for obtaining the utilization of an alternate Construction and Debris Disposal Site at no additional cost to the Town including any additional hauling cost because of the location of the alternate Disposal site. Under no circumstances shall such a change in Disposal Site or failure or inability to obtain permits by the Contractor be considered a change in conditions. In the event the Contractor i§ unable to find an alternate Disposal Site, it shall be deemed to be in default of the Agreement and liable for damages, bonds forfeitures and other expenses as provided in the Agreement. In the event the individual and/or entity submitting a bid in response to this bid solicitation is not the individual and/or entity named as the permit holder on any necessary current and valid local, state or federal permits, licenses or other authorizations, required by law to receive construction and debris at any disposal site designated by the bidder or any alternate disposal site, the bidder is required to provide satisfactory evidence to the Town of Southold of a binding contractual relationship between the bidder and the permit holder which provides the bidder with the irrevocable right to utilize the construction and debris disposal site during the term of Agreement, or portion thereof, in a manner which is in complete compliance with this bid solicitation and the bidder's bid submission. The agreement between the bidder and the permit holder shall include provisions that: 1. Provide Town with the right to discuss operational matters with the permit holder whenever necessary. Require the permit holder to comply with directives of the Town which are consistent with and pursuant to the Agreement which shall result from this bid solicitation. Disposal Sites Inside State of New York The Contractor's Construction and Debris Disposal Sites, if located within the State of New York, must be in compliance with all State of New York Department of Environmental Conservation's and US. Environmental Protection Agency regulators requirements, e.g, 6 NYCRR Part 360, Resource Conservation Recovery Act (RCRA), Environmental Protection Agency - Subtitle D, et al. The Construction and Debris Disposal Site must have valid construction and operating permits in accordance with all applicable laws in the jurisdiction in which it is located. It shall be permitted to accept Town of Southold construction and debris without violating applicable law. It shall meet the design, construction and operating requirements of all applicable laws in the jurisdiction where the disposal site is operating. 32 7.3.2 7.4 Disposal alternatives that will be considered include land disposal, incineration, composting, etc., as long as they comply with all the above governing regulators requirements and environmental standards. The use of Construction and Debris Disposal Sites shall be subject to the approval of the Town of Southold based upon review of information submitted with the bid describing in detail the nature of the disposal process and other information reasonably requested by the Town. No Disposal Site shall be acceptable unless it poses no significant threat to the environment and its design, construction and operation complies with all applicable laws. Disposal Sites Outside State of New York The Contractor's Construction and Debris Disposal Sites, if located outside the State of New York must be in compliance with all the applicable local, state and Federal laws and regulations and U.S. Environmental Protection Agency regulatory requirements, e.g. Resource Conservation Recovery Act (RCRA), Environmental Protection Agency - Subtitle D, et al. The Construction and Debris Disposal Sites must have valid construction and operation permits in accordance with all applicable laws in the jurisdiction in which it is located. It shall be permitted to accept Town of Southold construction and debris without violating applicable law. It shall meet the design, construction and operating requirements of all applicable laws in the jurisdiction where the disposal site is operating. Bidder must clearly specify their intended disposal alternatives and support same with copies of appropriate experience, site location, permits, agreements et al., as outlined in this bid solicitation. The use of Construction and Debris Disposal Sites shall be subject to the approval of the Town of Southold based upon review of information submitted with the bid describing in detail the nature of the disposal process and other information reasonably requested by the Town. The Contractor shall be solely and completely Responsible for any and all liability relative to contractor's failure to dispose of construction and debris at an approved site. Weighings The Town will compensate the Contractor for waste material hauled and disposed of on a net tonnage basis (short tons = 2000 pounds). The certified weighings will be made at the Southotd Town Transfer Station. The Disposal Site will accept these weights for invoicing purposes. All weights will be generated on current certified weigh scales. In the event of any dispute over differences in net weights between the Town and Disposal Sites scales and weight records, the Town may make payment 33 8.0 upon the weight it deems to be most correct, until the dispute is reconciled. Any claims for differences must be filed in writing within sixty (60) days of occurrence or the Town's calculation shall be deemed final and binding between the parties. SAFETY AND HEALTH REGULATIONS The Contractor shall comply with all current Federal Department of Labor, Safety and Health Regulations under the Occupational Safety and Health Act, 1972 (PL 91-596) and Section 107, Agreement Work Hours and Safety Standards Act (PL 91-54). Specific consideration shall be given, but not limited to, the following major areas: Maintenance safety procedures - guards and Shields on dynamic equipment, guards, railings, electrical lockouts, vehicle wheelblocks, audio vehicle backup alarms, vehicle wheel chocks, etc. b. Employee safety orientation, education, teaching, first-aid training, cardiopulmonary resuscitation, etc. c. Noise and dust control, ear protection, respirators, hard-hats, safety shields, glasses, protective clothing, sanitary facilities, etc., d. Fire and explosion preventions, control, equipment (fire blankets, extinguishers, first aid, hoses, etc.) and personnel escape alternatives. e. Traffic flow control patterns. f. Accident or injury reporting system (the Town shall received copies of all reports and immediate verbal notification). g. Employee health safeguards. h. Mechanic's lien safeguard against work interference. The Contractor shall comply with all local, state and Federal regulations, laws and statutes which apply to the work and to safety in particular. The Contractor shall comply with New York State Department of Labor current requirements. The Contractor shall be solely and completely responsible for operational safety during performance of the Agreement. The obligation exists twenty-four (24) hours a day, each and every day throughout the term of the Agreement. 34 The Town of Southold shall not have any responsibility for means, methods, sequences of techniques selected by the Contractor for safety precautions and programs, or for any failure to comply with laws, rules, regulations, ordinances, codes or orders applicable to the Contractor furnishing and performing the services under the terms of the Agreement. 9.0 OPERATIONS AND PROCEDURES 9.1 The Contractor will be required, prior to commencement of operations, to provide the following operational plans to the Town for review and acceptance. Revisions, modifications, 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 and disposal operations. The biddeCs means of assessing inclement weather conditions (weather and road conditions), method of reporting to the Town and the alternatives shall be described. Supporting Data In the event the Town requires any information in support of Town held licenses and permits at the Town, County, State and Federal level, the Contractor will be required to furnish all licenses, permits and inspection reports regarding equipment and disposal sites which may be required by Town, County, State or Federal law. 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. 35 Operating (hauling and disposal) records shall be considered essential to the operation. The Contractor shall keep these data in an organized fashion that allows for easy retrieval and analysis. The Town, or its designee, may upon 24 hours notice inspect the contractor's records. Such records shall he kept, available by Contractor for a period of two (2) years after termination of this Agreement. In the event the Town requires additional information for reporting purposes, the Contractor will supply same. The Town, or its designee, may call upon the Contractor at anytime for an oral review of any technical matter. The Contractor shall file and update the following information as specified herein. Items Haul Equipment (Schedule H) Haul Accident Report (Appendix C) Disposal Accident Reports Licenses, Permits and Inspection Reports Part, 360 Permit All Bid Information Schedules Due as changes occur on occurrence on occurrence on occurrence as changes occur as changes occur 36 SECTION C CONTRACTOR BID FORM 3'/ SECTION C TOWN OF SOUTHOLD CONSTRUCTION MATERIAL AND/OR DEMOLITION DEBRIS SERVICES CONTRACTOR BID FORM 1.0 INTENT The undersigned hereby recognizes that these documents are complementary and are intended to provide for uniformity in bid evaluations. The formal Agreements resulting from this Bid Solicitation shall be in a form provided by the Town. These documents are intended to depict complete Construction and Debris Haul-Disposal Services Agreement and therefore any discrepancies contained in the documents, of the omission from the documents of express reference to any work which obviously was intended under the Agreement, shall not excuse or relieve the Bidder from furnishing the same. No oral statement shall in any manner or degree modify of otherwise affect the terms of the Agreement. Work or materials described in words which have a well known technical or trade meaning, shall be interpreted by such meaning. 2.0 GENERAL BID STATEMENT TO: TOWN OF SOUTHOLD STATE OF NEW YORK 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 Gentlemen: The undersigned Bidder has carefully examined the forms and content of the Bid Solicitation, including notice to bidders, bid bond, sample operating agreement, performance bond, certificates of insurance, general conditions, bid specifications, and addenda, has familiarized itself with the sites of work, and hereby proposes to furnish ali 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. 38 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 Construction and Debris Haul-Disposal services operations on the commencement date of any Agreement awarded hereunder, having completed all necessary prior preparations of operational planning, personnel hiring, equipment procurement, subcontractor contractual agreements, and ancillary facilities, etc., to assure a smooth and orderly acceptance of these duties. THIRD: To pay the Town any and all damages it may incur as a result of the Contractor's failure to perform all acts necessary to the execution of the Agreement as provided in the Bid Solicitation. It is recognized and agreed that the Town has the unconditional right to utilize the funds provided by the bid bond posted by the Bidder as a means of obtaining indemnification or, payment of such damages. FOURTH: During the performance of this Agreement, the Contractor hereby agrees as follows: The Contractor shall not discriminate against any employee or applicant for employment because of age, race, creed, color, sex, marital status, national origin, physical disability, and shall take affirmative action to ensure that they are afforded equal employment opportunities without discrimination because of age, race, creed, color-, sex, 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 39 Commission for Human Rights, the Attorney General, and the Industrial Commissioner for purposes of investigation to ascertain compliance with these nondiscrimination clauses and such sections of the Executive Law and Civil Rights Law. This Agreement may be forthwith cancelled, terminated, or suspended, in whole or in part, by the Town upon the basis of a finding made by the State Commission for Human Rights that the Contractor has not complied with these nondiscrimination clauses, and the Contractor may be declared ineligible for future Agreements made by or on behalf of the state or public authority or agency of the state, until he satisfies to the State Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these nondiscrimination clauses. Such findings shall be made by the State Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these nondiscrimination clauses and after verified complaint has been filed with the Commission, notice thereof has been given to the Contractor, and an opportunity has been afforded to him to be heard publicly before three members of the Commission. Such sanctions may be imposed and remedies invoked independently or in addition to sanctions and remedies otherwise provided by law. No laborer, workman or mechanic in the employ of the Contractor or subcontractor shall be permitted or required to work more than eight hours in any one calendar day, or more than five days in any one week except as otherwise provided in Labor Code Section 220. The Contractor shall include the provisions of clauses (a) through (e) in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within the State of New York. The Contractor will take such action in enforcing such provisions of such subcontract or purchase order as the Town may direct, including sanctions and remedies. FIFTH: By submission of this bid, the Bidder and each person signing on behalf of any Bidder certifies, and in case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury that to the best of his knowledge and 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. 40 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 aforesaid conditions, to complete operations of the aforementioned Construction and Debris Haul-Disposal Services operations in accordance with the Bid Solicitation requirements, which requirements are a part of this response, and that it or they will accept in full compensation therefore, the compensation provided for in Section C-3. The undersigned submits herewith a bid guaranty within the form provided by the applicable bid documents in the amount of $100,000.00 for any option or combination thereof. In the event this proposal is accepted, and the undersigned fails, within ten (10) calendar days after date of receipt of Notice Of Award from the Town to execute and deliver an Agreement in the form provided by the Town or fails to execute and deliver evidence of proper insurance coverage and performance bond in the amounts required and in the prescribed form within ten (10) days after Notice of Award, the bid guaranty shall be forfeited and be retained by the Town toward the satisfaction of liquidated damages and not as a penalty. Otherwise, the total amount of bid guaranty liquidated will be returned to the Bidder. The undersigned acknowledges the receipt of the following addenda, but it agrees that it is bound by all addenda whether or not listed herein and whether or not actually received, it being the Bidder's responsibility to receive and have knowledge of all addenda. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 1997 Dear Bidder: Please replace Page 43 in your bid packet for Construction & Demolition (C&D) Haul Oisposal Services with the enclosed Page 43. Thank you. Town of Southold The Haul-Disposal Service applicable unit price per ton for agreement year 1999-2000 is ~FT¥ J~R'f'/ -1-~i~6E cents ($ ). (C3) dollars and The Haul-Disposal Service applicable unit price per ton for agreement year2000-2001 is ¢'~F'T'.// ~1~ ~/~1~ ~.~£~' cents ($ ..,~'(o ¢ ). (C4) dollars and The Haul-Disposal Service applicable unit price per ton for agreement year 2001-2002 is 3.2 dollars and cents ($ 7 ). ¢5) EVALUATION UNIT BID PRICE FORMULA Evaluation Unit Bid Price = (C1)5,000+(C2)5,000+(C3)5,000+.5fC4)5,000+.5(C5)5.000 20,000 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: '~I W'/ T )/ '7'~/0A/.~,i)0~ 7/,'¢7-/ 0/,,/ Firm-Corporation 2/¢ Address Authorized Representative Date ADDENDUM NUMBER AND DATES Number 1 - Dated: Number 2 - Dated: Number 3 - Dated: Number 4 - Dated: Number 5 - Dated: 5 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 CONSTRUCTION AND DEBRIS HAUL-DISPOSAL SERVICES SOUTHOLD TOWN, NEW YORK 3.1 COMPENSATION The undersigned hereby submits the following price bid to furnish Construction and Debris Haul-Disposal Services, to Southold Town, New York for the terms July 10, 1997 through July 9, 2002. HAUL-DISPOSAL SERVICES The Haul-Disposal Service applicable unit price per ton for agreement year 1997-1998 is ~C"~ F-1'Y F'~V E7 cents ($ .~5 ¢~ ). (Cl) dollars and The Haul-Disposal Service applicable unit price per ton for agreement year 1998-1999 is ~--t ~'~'-"// ~-~V~ dollars and ~--1~ ~/~,~E cents ($ '---~5 ~ ). (C2) year 1 year2000-2001is The HauI-Di., year 2001-2002 is cents ($ The Haul-Disposal Service applicable unit price per ton for agreement is dollars and ($ ,). (C3) I-Disposal Service applicable unit price per ton for agreement dollars and cents .). (C4) iervice applicable unit price per ton for agreement dollars and ). (C5) )RMULA 40, 3.2 EVALUATION UNIT BID PRICE Evaluation Unit Bid Price = 000 Evaluation Unit Bid Price = $ The evaluation unit bid price formula is designed to evaluakyears four and five at .5 the evaluate of each of the first three (3) years. Bidder: Firm-Corporation Address By: Authorized Representative Date 4.0 BID SECURITY ACKNOWLEDGMENT I have attached the required bid security to this bid. 5.0 INFORMATION SCHEDULES I agree to furnish and include the following information schedules in addition to the information submitted with this proposal, as a part of this bid: Certification that the Bidder does not currently owe taxes, or other outstanding funds, or have pending or is currently involved in any litigation involving the Town of Southold, State of New York (Schedule A, attached hereto). 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). Identification of all currently registered parent bidding subsidiary corporate officers, and their addresses, and identification and certification of offices authorized to execute an Agreement on behalf of the firm (Schedule D, attached hereto). E. Detailed financial statement for the Bidder, and if applicable, for parent companies (Schedule E, attached hereto). F. Statement of Bidder's Qualifications and related experiences (Schedule F, attached hereto). G. Major Subcontractors - (Schedule G, attached hereto). H. Equipment - (Schedule H, attached hereto). I. Maximum Specified Capacity- (Schedule I, attached hereto). J. Information on Bidder's Construction and debris Disposal Site(s) (Schedule J, attached hereto). K. Form of Bid Bond (Schedule K, attached hereto). L. Performance Bond (Schedule L, attached hereto). M. Operation Plan (Schedule M, attached hereto). Dated: Name of Bidder: -F~I~JIT~ -r~%P~L"F~TIr~ Address of Bidder: 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 (Secretary) Name Address Address (Treasurer) Name (If an individual or partnership) Names and addresses of all principals or partners Address Tomn of Bouchold ~id Projsot C&D Haul - Disposal Services This Bidder -fP-~F¢4 'r~OlZ/~O~n~.e.n'=~ ~ certifies Chat as a (~idder's legal name) Bidder, it does no~ currenc!U owe delinquent taxes or ocher outscandin~ funds, or havin~ pendln~ or current!~ involved in anW lizigation involving the Tc~n of Scuchoid, Staze of Nam York. If blank ncc a~plicabia, fill in ~itb N/~ If bidder omes the Town taxes cr is invoived in ang litigation, a s~acamen5 of exrlanetlon mil! be at~sched hereto. Tax/Lizi~a:ion Cerzlficazicn ~cmedule B~3 (PRO?CS~L) FCR~ Town o~ Sou~hold Bi~ P~oject C&D Haul - ~isposal Services The fo!lowing is in~o~ma~ion on loca:!one: Bidder's ~aln she undersigned Bidder's office Bidder's P~ren~=-. ~/~ t Name Telephone Number Telephone Number The 5idder herein cercL_--ies ~hat %he -¢~_~t4~-~-~5~0~ Firm is ~a~ ~za~/g/whollg o~ned subsidiarg oE / Paren~ Firm This / is owned Parent Firm _- pu~_~~.pr.va~ scock COrpOration. Cer~/fica~/on B~O ~?ROPCS~L) FORM Schedule =~e - Cr shal:..~= l~be_~=~_ Schedui~ ~- ~ ~ ant' integrated_,,~o;-- zhe ~id Form, blank noz ~-=~= ., tNFORMA/~N SCHEDULE ~own of Sou~hold Bid Rrojec~ C&D Haul-Disposal Services This is identification that CJg~luA will be the SuresU Compang for -F~[~'F~ n-EAO$@~ITA~O~ the ~idder, on this project and that the named 5ur~U CompanU he~ein provides ~ritten certification that the named Compang wi!! provide the Performance Bond, specified in the Contract ~cumen~s, in %he ~vsnt ~he Bidder 9n~rs into that such York. w~n %~e /own. ~ne 5uretU Compang herein certifies Compang is !icense~ to dc business kn the Stats cf Ne~ P~_ncloa. Company By: BiD CPROPOSAL) F3R~ :LO0 Campus Dr±ye Florham Park, New Jersey 07932-0853 CONSENT OF SURETY May 22, 1997 TOWN OF SOUTHOLD 53095 Main Road Southold, New York 11971 RE: TRINITY TRANSPORTATION CORPORATION PROJECT: CONSTRUCTION MATERIAL AND/OR DEMOLITION (C & D ) HAULING AND DISPOSAL SERVICES E. C.P.: $~ BID DATE: MAY 22, 1997 DEBRIS Gentlemen: The undersigned, CAROLIN/~ CASUALTY INSURANCE COMPANY, is prepared to execute the required 100% Performance and Payment Bonds if the above named TRINITY TRANSPORTATION CORPORATION. ~s 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 ELEANOR DOUDERA, ATTORNEY-IN-FACT Corp. Ack. STATE OF NE~ YORK ~ SS. COUNTY OF NASSAU this 22nd ~ ~ MAY On any oi l'J ....., Delore me personally came ELF~k~OR DOI~DEIL~ to me known, who, being by me duly sworn, did depose and say; that he resides in ............................... that he is the of me the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the s~l affixed ~o ~aid instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said cor- poration, and that he ~i~ed his name thereto by like order. / ~' ~''~~Aug. 2 Ig__.// CAROLINA CASUALTY INSURANCE COMPANY STATEMENT, DECEMBER 3 l, 1996 (AMOUNTS IN THOUSANDS) STATUTORY BALANCE SHEET Admitted Assets Bonds Common & Preferred Stocks Cash & Short Term Investments Other Investments Premiums Receivable Investment Income Receivable Reinsurance Recoverables Other Assets $ 125,578 13,017 14,322 9,410 7,972 2,088 7 1,237 Total Admitted Assets $ 173,631 Liabilities & Surplus Loss & LAE Reserves Unearned Premium Reserves Drafts Outstanding Other Liabilities 82,785 15,835 2,604 10,450 Total Liabilities $ 111,674 Capital Stock Additional Paid In Capital Unassigned Surplus 3,687 27,090 31,180 Total Policyholders' Surplus $ 61,957 Total Liabilities & Surplus $ 173,631 Officers: President: Senior Vice President: Vice President: Vice President: Vice President: Vice President: Corporate Secretary: Michael J. Snead John S. Hill Charles E. Estes Barbara B. Murray Carroll D. Starmer Alan P. Toth Betty C. Sutherland Directors: Anthony J. Del Tufo Robert S. Gorin Edwin L. Heer John S. Hill Michael J. Snead Carroll D. Starmer Edward A. Thomas POWER OF A'ITORNEY CAROLINA CASUALTY INSURANCE COMPANY JACKSONVILLE, FLORIDA "' h6 "' No. NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS: that CAROLINA CASUALTY INSURANCE COMPANY ("Company") a corporation duly organized and existing under the laws of the State of Florida, having its Principal office in Jacksonville, Florida, has made, constituted and appointed, and d~es by these presents makq, constitutean,dap~oint Ant~hony J._Rom~ano or~ Thomas Bean or Fred Nicholson or Gerara S. Macno±z or E£eanor Douaera or Uniondale~ New York 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, Secretary and Treasurer, or either of them, am hereby authorized to execute on behalf of the 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 thc 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 in 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 thereQf 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 be issued. IN WITNESS WHEREOF Carolina Casualty Insurance Company has caused these presents to be signe~l and attested by its appropriate officers and its corporate seal hereunto affixed this ,~ ~4 day of ~..'O , 19,aA.O'''. · ~ Attest: .~ . /~ Carolina Casualty ln,~ur~ance~Company By ~,~ ~--4~~ By Betty ~. ~utt~erland {~ichael J.~n~ad, CPCU', CLU Secretarv ON GREEN "M~rN~IST~)d~/CURITY PAPER. WARNING: THIS POWER INVALID IF NOT PRINTED · STATE OF FLORIDA) SS COUNTY OF DUVAL) Sworn to before me,'a Notary Public in the State of Florida, this,,..~O t~ day of ~'~&~ 19 ~':""""""""~ by B~trv C ~rhorl~rlcJ:vnoi~[9.o. lvn4toi~e,~ll~e Sec'tetary of Carolina Casualty Insurance CoAnpany. · co .:}.! ¢5!1 3: :x:~ C ~23P;73 ] Notary Public, State of F~orida at Large ~, .',4.5 ,C' 3~: ~:~. ~ -J Fa~,. 2v, 1997Cn~E~RTiFiCATE 1, 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 Attorney is attached, is in full force aud effect as of this date. Given under my hand and the seal of the Company, this __ B~tty C{ ~utherland ,Secretary Corp. Ack. STATE OF YOP, K ? ss.: COUNTY OF I~SSAU On this .... ~.~E~ ....................... day o£ ....... l~Y 19~ .., before me personally came i~.~.ANOR DOUI)~P,A to me known, who, being by me duly sworn, did depose and say; that he resides in ~E~...~0~.~...~..~P~ ............................... that he is the ............ ~'!?O~!}{.~'A~T .......................... .~_ CAROLINA C~IJALTY INS~ CO~ of me me co~oration described in and which executed the above instrument; ~at he knows the seal of said corporation; that the s~l affixed ~ said instrument is such corporate seal; that it was so afffxed by order of the Board of Directors of said cor- ~. 4~1~9 (Sea]) ~ ~ ~ Q~u~n~ CAROLINA CASUALTY INSURANCE COMPANY STATEMENT, DECEMBER 31, 1996 (AMOUNTS IN THOUSANDS) STATUTORY BALANCE SHEET Admitted Assets Bonds Common & Preferred Stocks Cash & Short Term Investments Other Investments Premiums Receivable Investment Income Receivable Reinsurance Recoverables Other Assets 125,578 13,017 14,322 9,410 7,972 2,088 7 1,237 Total Admitted Assets $ 173,631 Liabilities & Surplus Loss & LAE Reserves Unearned Premium Reserves Drafts Outstanding Other Liabilities 82,785 15,835 2,604 10,450 Total Liabilities $ 111,674 Capital Stock Additional Paid In Capital Unassigned Surplus 3,687 27,090 31,180 Total Policyholders' Surplus $ 61,957 Total Liabilities & Surplus $ 173,631 Officers: Directors: President: Senior Vice President: Vice President: Vice President: Vice President: Vice President: Corporate Secretary: Michael J. Snead John S. Hill Charles E. Estes Barbara B. Murray Carroll D. Starmer Alan P. Toth Betty C. Sutherland Anthony J. Del Tufo Robert S. Gorin Edwin L. Heer John S. Hill Michael J. Snead Carroll D. Starmer Edward A. Thomas iNFORM~T!0N 5CHEDUL, E D Town of 5outhotd Bid Project C&D Haul - Disposal Services Ihe Bidder herein certifies ~nat the below named the current registered corporate officers, current permanent addresses, and designates execute an AGreement on behalf cf the firm individuals are along mith their their authoritW to Officer's Name SubsidiarW CorQorate m!c~e,' Address State, Zip Officer's Name Subeidiarw Corporate Title Citw State, Zip Officer's Name SubsidiarU Corporate Title Address Citw · State, Zip £or~crete -iti= ~ ~ -" ,~o~ State, Zip O~ficer's Name C~rporata Title State, Zip ~ nTq~ Officer's Name Address Staze, BIO (PROPOSAL) fORM PaGe INFORMATION 5CHEOULE 0 - (Continued) OFFicer's Name ~ubsidiary Corporate Iitle Address City Zip OFficer's Name Parent Corporate Title Address CitW State, Zip~ Name cf Bidder: 'I-~I~I~V 'iT~3$Pl),C'TA~0k3 ~--.~. blank not applicable, Fi!! in with N/A Uw~o? .... 3F~.c~ Schedule - 0.0 RO,~_A_) FORM ~_ _ - = Town of Southold Bid Project C&D Haul- Disposal Services STATEMENT OF BIOOER'$ FINANCIAL CONDITION This Bidder agrees to provide for ang subsidiarg and parent firm, and hereto attaches a CUrrent or the most recent Audited Financial Statement(s) including as a minimum the firms opinions, notes, revenue/expense statements, conditions of cash, etc. The attached statement provided includes: Accounting Firm Name f~ICR~q~ f~% 75~ . Co. ?o STatement Date ~-tl%-r~ /he bidder certifies tha~ he_~u~=nt~ ,.._ _~ has an av~ilabie !!ne of credit in the amount o~ $ A .. _v.denc_ attached ~o this form is succOc~in~ documentarw supplied Name Address ihe undersigned Bidder certifies to the veliditw of statement and agrees to furnish anW other information upon maquest that maW be required bg the Town of Southold, New York. F!nsncia! Condition FORM Page ! of ~ iNFORmS?iON SC~OULE [ - ~continue~) Town of 5cuthoid, financial condition. Oared at ~t ~$uP The undersigned herebW authorizes and requests anW person, firm or ~crporasion co furnish anW information requested bW New York in verifioecion of the firms This~O daw cf Name of ~idder Title 5tats of New York, Csuntv cf being duiW sworn deposes end saws chat he Name of Organization end chat the answers to the ~oregoing quescions and all s~acsmenc therein contained-ar_o true end COrrect. .... daw cf MW Commission expires NOTE: (1) (~) (Bidder maw submit additional information desired as Schedule E attachments.) If blank not applicable, fill in mith N/A Bidder's Financial Ccndision ~chmou!~ 5,D.~ ION SCHEOULE? Town of Southcid Bid Project C&D Haul - Disposal Services The mock covered bg broker on the qualifications, information and the Bidder herein certifies thac ic is qualified to perform the this proposal, and that behalf of others. the Bidder offers references in order that the Bidder's qualifications and experisnce. ic is not acting as a To substantiate these the following related Town mag evaluate ~uslness Address: ~1~ ~LW~K~O~ ~. SZaZe incorporated: ~o~ Year incorp. New York 5tat~; Business kicmnse No.: No. wears in contrac5ing business under above name: ~ qts. Has ~irm ever defau!~ed on a contract? Yes No Stoas Value - work under current contract: Numoer of Current Ccntraczs: ~ Br2sf descripzion general mock performed bW ~ ~ualifizacions Summarw Schedule B.O.F BiO (PRC?OSAL) FORM Page ! of ~ · 11. 11.1 iNFORMATION SCHEOULE F - (Continued) Has firm ever failed to complete work awarded~ Yes__ if Wes, attach support statement as to circumstances. Related Experience Reference (within previous S Wears) Project Title: ~R~T~ ~I~T O~ ~E~J¥O~ iNC. Owner's Name: Engineer: Project Acceptance initial 8!d Value: Project Initial 5ter~ Oats: Oa~e: Final Complete Project Value: Bris~ Project Description: Project Title: Engineer: Project Initial Start Oats: ........ .~1~ ProJec~ Acceptance ~ate: ~wal!Ficaclons Summ~mW 5ohedu!e 5,0-? BiO (PROPOSAL) FORM Page 2 c~ ~ INFORMATION SCHEDULE F (Continue:]) Initial Bid Value: Final Complete Project Value: Brief Project Description: 11 .S Project Title: Owmer's Name: address:~-f~UXTok) ST., Engineer: Address: Project Initial Start Date: Project acceptancs Date: Initial Bid Value: Final Complete Project Value: Brief Project Description: ~U~ QualiFications Summaru Schedule S.O.F BID (PROPOSAL) FORM Pa~e 3 :f = P~nc~al Fimm ~embe~s' ~ackg~ound/Ex~e~emce ¢3 members minimum). At~ach current resumes as Schedule supplement o? give concise descc!ption bw individual. I ~W suocLemen~ai a:tachmencs of ,,,od ...... ~ns ~ -~ - a.. be i · ~= - ~ a~d shall be .aoe~_d Schedule .... F, blank not applicable, Fill in I QualiF!ca~Zons 5ummacw 5chedui~ BiO (PROPOSAL) FORM Pa~e ~ cF ~ TRINITY TRANSPORTATION CORPORATION 214 Blydenburgh Road Central Islip, N.Y. 11722 (516) 342-9673 The following are some of the municipal projects that our company has been or is currently involved in: Town Of Brookhaven: Complete operation of transfer station facility: Our responsibilities include all the loading and transfer operations as well as hauling over 700 tons of MSW per day. All manpower & equipment is provided exclusively by Trinity Transportation Corp. Equipment Provided: 15 one hundred cubic yard walking floor trailers, 6 tractors, 1 Caterpillar 325L Grapple Loader, 1 Caterpillar 970 Payloader, 1 Komatsu 420 Payloader. Status: Operation currently in progress Contact: Dennis Lynch, Commissioner of Sanitation Town of East Hampton: Hauling & Disposal of 40 to 80 tons per day: Trinity Provides staged trailers at East Hampton's Facility which are pre- loaded and then hauled for disposal & returned. We have structured this program so that there are always empty trailers on site ready to be loaded. Equipment Provided: 10 one hundred cubic yard walking floor trailers Status: Operation completed February '97. Contact: Dave Paolelli, Commissioner of Sanitation Town of Smithtown: Transportation of Ash: Town Trinity provides ten wheel dump trucks and thirty five cubic yard dump trailers for the transfer of approximately 250 ton per day of Ash. Equipment Provided: 2 ten wheel dump trucks, 2 thirty five cubic yard dump trailers Status: Operation currently in progress Contact: John Zollo, Town Attorney of Riverhead: Hauling & disposal of MSW and Commingled Recyclables as hauler for East End Recycling. Trinity provides one hundred cubic yard walking floor trailers and tractors for the hauling and disposal of material. All material is live loaded at the site. Equipment Provided: 2 one hundred yard walking floor trailers Status: Operation completed December '96. Contact: John Reeves, Commissioner of Sanitation Town of Babylon: Hauling and/or disposal of various materials Trinity has been involved in numerous projects with the town of Babylon, including the hauling of MSW as well as Aggregate for their landfill closure project. Equipment Provided: Various pieces or rolling stock as the projects require. Status: Ongoing various projects Contact: Douglas Jacob, Town Comptroller In addition to the above referenced projects, Trinity does private hauling and disposal for numerous clients in the New York Metro Area. Materials we haul include: MSW, Demolition Debris, Screenings, Recyclabtes, Aggregate Products, Yard Waste, Compost, Mulch, Wood, Dirt, Ash, Concrete, Asphalt, Contaminated Soil, and various other materials. When considering Trinity Transportation for any of your disposal and/or hauling needs, please keep in mind that we own and operate over a hundred pieces of rolling stock and twenty pieces of heavy equipment. Further, our workforee and equipment capacity coupled with disposal capacity at over 30 permitted facilities in the region allow us to mobilize with as little as forty eight hours notice. !NFORM~TiON SCX~DUL,~ ~3 Town of Southold Bid Project C&D Haul - Disposal Services The Bidder herebw Agreememt to use Con,tact !, 7. states Chat it proposes, if awarded an the following haul subcontractors on Chis Trade/ Address Phone ~ Specialties i0. if blank ncc applicable, fill in with N/A Subcon~?accoce Schedule --i0 (PROPOSAL) FORM ~omn of Sowthold Bid Project C&D Haul - Disposal Smrvices The Bidde? states that it owns the Following pieces of equipment that are available for use on the project, if awarded the agreement. Equipment Item PcoOect Use Equipment Location gnW supplemental attachments or modifications to this Form shall be labeled Scheoule S.O,~ and shall be If blank not applicable, Fill in ~i%h Cons~?uc~ion Equiomen~ Schedule q.~.,, ~ '~ (PROPOSAL) FORM Trinity Transportation Corp. TRACTOR # #19 #21 #23 #25 #27 #29 #31 #33 #35 #37 #39 #41 #43 #45 #47 #-49 #51 #53 #55 #57 #59 ~61 #~5 ~7 #137 VIN # YEAR MODEL LICENSE 1M2AD25Y5PW001048 1993 CL PP8279 1M2AD27Y6PW001060 1993 CL PP8281 1M2AD37Y3RW001509 1994 CL PP8282 1M2AD37Y9RW001398 1994 CL PP8866 1M2AD37YXRW001877 1994 CL PR3609 1M2AD37Y3RW001879 1994 CL PR3610 1M2AD37Y1RW001878 1994 CL PR1435 1M2AD37Y4RW001874 1994 CL PR1434 1M2AD37YSRW001876 1994 CL PP1433 1M2P267Y2RM020646 1994 CL PR2950 1M2P267Y1RM020850 1994 RD PR3606 1M1AD37Y9RW001891 1994 RD PR4430 1M2AA12Y9RW035846 1994 CL PR3207 1M2AA13Y4PWO26354 1993 CH PR3208 1M1AA13YRW038369 1994 CH PR3209 1M1AA13Y4RW039810 1994 CH PR4432 1M2P267Y4RM020356 1994 RD PR4431 1M2AA14Y1SW049565 1995 CH PP8280 1M2AA14Y3SW049566 1995 CH PR7651 1M2AA14Y5SW049567 1995 CH PR7652 1M2B128C6EA010352 1984 DM 12356AD 1M2B156CXBA002612 1981 DM 12355AD 1WAUDCVG1HU304347 1987 AUTO TW6393 1WAUDCVGXHU304346 1987 AUTO TW6394 1M2P267Y8SM021788 1995 RD TX6941 R686S30778E341431 1979 RD TW6364 TTC-Tmctors 101 79086G 103 78923G 105 77322G 107 78932G 109 79203G 111 78922G 113 78930G 115 78929G 117 78931G 119 78921G 121 78936G 123 78927G 125 78934G 127 78933G 129 78935G 131 78937G 133 78928G 135 78925G 137 78924G 139 78926G 141 77024G 143 66267F 145 15488E 147 68874F 149 66394F 151 65585F 153 66105F 155 65590F 157 15487E I 159 65586F 161 76927G 163 15489E 165 77251G 167 65584F 169 17753F 171 66308F 173 17685F 175 66200F 177 66201F 179 77169G 181 77168G 183 77020~ 185 17280F 187 65589F 203 63843J 205 63842J 207 63389J 209 67691J 210 65887F 211 67723J 213 67689J 215 63716J 217 67724J 219 63388J 220 66158F 221 67742J 223 67846J 225 40771K 230 66934J 15 68554F 17 19051T 19 79048G 21 63766J 23 67883J 25 40495~ 27 67690J 29 41231K 31 40690K 33 41230K 35 4~58K 53 66800F I J INFORMATION SCHEDULE I Town of Southold Bid Project C&D Haul-Disposal Services The Bidder hereby states that it will be prepared to dispose of up to the following Maximum Specified Yearly Capacities in tons of Town of Southold construction material and/or demolition debris if awarded an Agreement. Contract Year 1997-1998 1998-1999 1999-2000 2000-2001 2001-2002 Maximum Tons per Contract Year I ~o, ooo. Name of Bidder: By: '~o.~' ~-- Date: Maximum Specified Capacity BID (PROPOSAL) FORM Schedule 5.0 1 INFORMATION SCHEDULE ~ Town of Southotd Bid Project C&D Haul-Disposal Services NOTE: IF A BIDDER INTENDS TO UTILIZE MORE THAN ONE DISPOSAL SITE, AN INFORMATION SCHEDULE J MUST BE COMPLETED FOR EACH DISPOSAL SITE. The following Disposal Bite: I. GENERAL A. Disposal Name: Address: is information on the undersigned Bidder's Site Location Phone: Disposal Site mailing address (if different than I) Address: II. CURRENT OPERATIONS A. Operations Permit 1. P~rmittee: ,,-2. No.: 3. State: ~. Date of Issue; 5. Date of Expiration: 6. Copg Enclosed: Bidder Disposal Site(s) BID (PROPOSAL) FORM Yes: No: Schedule S.O.J Page 1 of 7 INFORMATION SCHEDULE J - (Continued) Hours of Operations 1. What are the PERMITTEB operating hours? D~Y ~ .M. P .M. Mondaw to Tuesdaw to Wednesdag to ThuredaW to ?ridaw to Saturdaw to Sundaw to Are there anW PERMITTEO closure stipulated? periods What are the 4CTUAL operating hours? DAY A.M. R.M. Mondaw to Tuesdag to Wednesdag to Thursdaw to Fridag to Saturdaw to Sundag to What holidaw or other period ia the-Disposal Site twpicallw closed? DAY YES NO N~w Year's to Memorial to Independence to Labor to Thanksgiving ~o Christmas to Other (Speci~w) to Bidder Disposal Site(s) BID (PROPOSAL) FORM Schedule S.O.J Page 2 of 7 1 ol 1 IN~ORM~T~ON S~HEOUUE ~ - (continued) Will the ACTUAL operating hours in Question II.B.3 be extended up to the PERMITTEO operating hours in Question II.B.1 in order to accommodate Town of Southold construction material and/or demolition debris? Yes No Ace there, ang local agreements, ordinances, etc. which would prohibit extending the ACTUAL operating hours in Question II.B.3 up to the PERMITTEO operating hours in Question II.B.I.? Yes No C. What 1998 1999 2000 2001 2002 O. At the PERMITTEO levels in Question projected useful life in wears? is the PERMITTEO annual capacitw in cubic Wards? what is the E. What is the annual RECEIVINS level todag? Biddec Disposal Site(s) BIO (PROPOSAL) FORMS Schedule 5.0.J Page 3 off 7 '! IN?ORCA?ION SCHEDULE .3 - <Continued) At the RECEIVING levels in Question II.E., what is the pcoJected useful li~e in Wears? How much off the RECEIVING level in Question committed to under contract in cubic wards? 1998 1999 II.E. is 2000 2001 2002 Does ~o~: the Oisposel Site have special waste restrictions Gate Yes No Fee ($) Wastewater Treatment Sludge 3 Hazardous Waste Bidder Disposal Site(s) BID (PRO?OSAL) FORM Schedule S.O.J Page ~ o~ III. INFORMATION SCHEDULE J - (Continued) Are there ang existing municipalities which prohibit: Item I. Routing to site Weight limits between state roads and site 3. Number of vehicles Vehicle size S. C~D importation outside jurisdictional area 6. Host Community Benefits EXPANSION PLANS A. Application Permit 1. Permittee: No.: 3. StateF Date of Submission: 5. Copg Enclosed: S. Submission Statue: Agreements with local Yes N__o Yes No Expansion o~ current sits or new site Local Citizenrg reaction Regulatorg agencg Bidder Oisposal SiteCs) BID CPROPOSAL) FORM Schedule S.O.J Page S of 7 INFORMATION SCHEDULE J - (Continued) d. Litigation e. Likelihood to succeed If you are successful in Question III.A., what is the additional annual OESISN capacity in cubic yards (do not include figures from Question II.C.)? 1998 1999 2000 2001' 2002 At the ennual DESISN levels would be the projected useful in Question III.B., what life in years? Would you be willing to shame with the Town o~ Southold engineering reports utilized for the preparation of the Operating Permits on Expansion Application? Yes No Biddem's Oisposal Site(s) Engineer of Record Firm's Name Firm's Address Project Engineer Bidder Disposal Site(s) Schedule S.O.J BID (PROPOSAL) FORM Page 6 of 7 INFORMATION SCHEDULE J - (Continued) IV. ATTACHMENTS Attach copies of ell permits required of the disposal site{sD end a copy of the agreement, performance bond and insurance between bidder and permit holder to use the disposal site(s) during the term of this Agreement. Are you willing to meet with the Town of Southold to discuss your short and long term disposal capabilities? Yes__No The undersigned hereby certifies that services, material, or equipment to be furnished as a result of this bid will be in full accordance with Town of Southold specifications applying thereto unless exceptions are indicated above and an explanation attached. Bidding Company -~-QKDIT~ -F~T~OK) ~.. Address BL41 RO R City State Signature , Phone No, (~_q'l~o'~ '~q)_.-~67~ Zip Date CORPORATE SEAL Bidder Disposal SiTe(z) Schedule 5.0.3 BiO (PROPOSAL) FORM Page ? of 7 228 Blydenburgh Road Central Islip, Long Island, N. Y. 11722 Febmmyl8, 1997 Re; Trinity Transportation Corp. To Whom It May Concern, Jet Paper Stock Corp. owns a New York State, D.E.C pemfitted solid waste transfer and recycling facility under permit #I-47284~0720/0000341. The current permit expimlion date is March 4, 2001. Our facility is permitted for 500-650 tons per day of incoming material. As of this writing, there are NO contractual commitments for any material at this facility. Trinity Transportation is authorized to access our facility with MSW as well as reeyclable~ as is within our permit llinita, as needed. Sincerely, S. DiMatteo Manager I TYPE OF PER#IT ArticLe 15, TItLe 151 ArticLe 1S, TITLe 151 ArticLe 15, TITLE 151 IeLcnd WELLS Article 15, TitLe 27: FECT1VE DATE 6/9.6 EXRIRAT]OII OATE($) 3/4/01 Artictc ~61 ADDRESS OF PERNITTEE 228 ItYde,-~3ur~ control I~LIp~ NY llT~,Z 228 aL~enlo~rgh Rood L~T]~ OF PROJECT/FACiLITY C~NTY I T~ $uffo(K ]ILI~II ~1~1~ ~ ~1~ ~JVl~ WATERC~RSE ITELEPHG~E #eJIq~l NYTN C~OINAT[$ thl! Roger Evene AUTHO~ I ZED SIGNATURE ADORE$$ gldg, 40, IUNy, Rooe 219, Sto~y BrooK~ NY 11790-2356 OATE 1/16/96 Page 1 of 6 New York State Departmer~Df Envb'onmental Con.~.rvat~ B '~g 40 - SUNY, Stony B~ooB~lmw York 11790-2356 Tmephone (516) Facsimile (516) ~.~.~, 0373 Michael D. Z,~:.. Omni Recycling of Babylon, 114 Alder Street West Babylon, NY 11704 Inc. RE:1-4720-00643/00002-0 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing Regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact the Regional Regulatory Affairs Office, N.Y.S. Department of Environmental Conservation, State University of New York at Stony Brook, Building 40, Stony Brook, NY 11790-2356. Very truly yours, Susan V. Ackerman Environmental Analyst SVA:jr enclosure File NEW DEC PERMIT NUMBER 1-4720-00643/00002'0 FACiLITY/PROGRAM NUMBER(S) 52M19 E DEPARTMENT~NVIRONMENTAL CONSERVATION PERMIT Under the Enviroeme~ta[ EFFECT IVE.~ATE~\' ,~'?C'\ EXPIRATION DATE(S) TYPE OF PERMIT O New O Renewal O Modification O Permit to Construct I Permit to Operate Article 15, Title 5: Protection of Waters Article 15, Title 15: Water Supply Article 15, Title 15: Water Transport Article 15, Title 15: Long Island Wells Article 15, Title 27: Wild, Scenic and Recreational Rivers 6NYCRR 608: Water Quality Certification Article 17, Titles 7, 8: SPOEB Article 19: Air Pollution Control Article 23, Title 2?: Mined Land Reclamation Article 24: Freshwater Wetlands Article 25: Tidal Wetlar~ds Article 27, Title 7; 6NYCRB 360: Solid Waste Management Article 27, Title 9; 6NYCRR 375: Bazardous Waste Management Article 34: Coastal Erosion Management Article 36: FLoodplain Management Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control Other: PERMIT ISSUED TO TELEPHONE NUMBER Omni Recycling of Babylon, ]nc. ADDRESS OF PERMITTEE 114 Alder Street West Baby[on, NY 11704 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER Anthony E. Core, P.e. 114 Old Country Road, Mineola, NY 11501 NAME AND ADDRESS OF PROJECT/FACILiTY Omi Recycling of Babylon, ]nc. 114 Alder Street, West Babylon, between Alder and Plate, South of Pattan Avenue LOCATION OF PROJECT/FACILITY West Babylon WATERCOURSE NYTM COORDINATES COUNTY Suffolk TOWN Babylon Operation of a residential and co~ercial materials recycling Facility, which will receive residential commingled facility has a design capacity of 324,000 tons per year. This By acceptance of this permit, the permittee agrees that the permit is contingent upon strict con~p[iance with :he ECL, all applicable regulations, the General Conditions specified ($~ page 2) and any Special Conditions includecl as =art Of this permit. PERMIT ADMINISTRATOR: I ADDRESS ~"~J~ /~/ Ct~'~_'~'~ ~ BLdg. 40, $UNY, RO0~ 219, Stony Brook, NY AUTHCRIZE~ NATURE Page I of 6 Ins~ 1. The permitted site or i lity, including relevant records, is subject to in- spection at reasonable hours and intervals by an authorized representative of the DeparbYent of Envirc~.ental C~nservation (the Deparb~unt) to determine whether the permittee is cu~'plying with this permit and the FC~. Such represen- tat ire rray order the work suspended pursuant to RD 71-0301 and S~PA 401(3). A coCV of this permit, including all referenced maps, draNings and special conditions, rrust be available for inspection by the Depart~ent at all tirms at the project site. Failure to produce a copy of the permit upon request by a Deparb~unt representative is a violation of this permit. Permit Q~nges and Ftaae~als 2. The Depar~r~nt reserves the right to rrodify, suspend or revoke this permit v~en: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the E]~ and pertinent regula- tions is found; b) the permit v~s obtained by misrepresentation or failure to disclose relevant facts; c) ne~vrraterial infof, ution is discovered; or d) envirom'~ntal conditions, relevant technology, or applicable lan or regulation have rraterial ly changed since the permit was issued. The permittee rrust sub'nit a separate written application to the Depar~'~unt for renenal, rrcx:iification or transfer of this permit. Such application n-ust include any fo.~, fees or supplu~untal info.~ution the Depar~'~'ent requires, /~ay renewal, mDdification or transfer granted by the Depar~'entrrust be in writing. The permitteerrust submit a renev~l application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination Systa-n (S;~[:ES), I-~zardous V~ste Managu,unt Facilities (I-Y~=), rrajor Air Pollution Control (AFC) and Solid W~ste ManageTent Facilities (S~=); and b) 30 days before expiration of all other permit types. Unless expressly provided for by the Depar~'~ent, issuance of this permit does not rrodify, supersede or rescind any order or determination perviously issued by the Deparb,unt or any of the te.','s, conditions or requiru,~,ats contained in such order or determination. Other 6. Legal Cbl igations of Pem~ittee The permittee has accepted expressly, by the execution of the application, the full legal responsibility for all damages, direct or indirect, of whatever nature and by v~,uver suffered, arising out of the project described in this permit and has agreed to indu.,ify and save harmless the State frcrn suits, actions, d,~,uges and costs of every r~,~ and description resulting frcrn this project. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the in'pain"rent of any rights, title,.or interest in real or personal property held or vested in a person not a party to the permit. 8. The permittee is responsible for obtaining any other permits, approvals, lands easu,~nts and rights-of-way that rray be required for this project. Page 2 of 6 95-20~{ NEW YC~TATE DEPARTMENT OF ENVtRONA4ENTAL CONSERV~JN 2? For Article ( SPECIAL CONDITIONS Title 7;6NYCRR 360: Solid Waste Management SPECIAL PERMIT CONDITIONS On~ni Recycling Center Inc. PERMIT TO OPEI~ATE 1) Average total of waste received per day for any week shall ngt exceed 1300 tons per day for a two(2) shift working day.Any Storage of waste will require prior approval of the RSWE. There will be no storage of yardwaste at the facility. Ail yardwaste must be cleaned from the area at the end of each working day. The permittee shall not accept solid waste that originates from a municipality that has not completed a Comprehensive Recycling Analysis (CP~A) satisfying the requirements of 6 NYCRR Part 360-1.9 (f) and approved by the Department, and has implemented the recyclables recovery program determined to be feasible by the analysis unless, for the service area of the facility either: another municipality prepares such an analysis, the Department approves it and the analysis addresses the waste stream of that municipality, or a Department-approved local solid waste management plan that addresses all components of such analysis takes effect. 4) The permittee shall provide complete access and assistance to the generators of solid waste received at the facility in the development and implementation of a schedule and means of monitoring the waste stream entering the facility to monitor and record the input of recyclables. This is to include an annual analysis of the full waste stream entering the facility, including non-recyclable materials. 5) A list of municipalities serviced by the facility must be included in the first quarterly report with the status of the municipality's CRA. l= tko " '~ ~ '~' -- _ m_~l._=pl_l_=r does ~ currtnt!Q' ~ .... ~ subsequent quarterly reports must provide a similar listing on new municipalities being serviced by the facility. The Permittee shall, during operation of the Recycling Facility, promptly submit to the Department for its review and approval any reasonable supplementary information requested in writing by the Department. 6) This Permit to Operate is issued with the expressed understanding by the Permittee that it must immediately modify the quantities of yard waste accepted at the facility in accordance with the approved contingency plan, without prior hearing or judicial review, upon receipt of written notice from the Department that there exist at or emanating from the facility, odors of a magnitude that, in the sole discretion of the Department, justify such modification. 1-4720-00643/00002-0 FACILITY ID NUMBER Page 3 of 6 95-20-6 N[W YOTATE DEPARTMENT OF ENVIBON/~ENTAL CON SPECIAL CONDITIONS 27 Title 7;6NYCRR 360:Solid Waste Management ForArtide [ ] The processing and handling operations at the facility must be conducted in such a manner that any off-site migration of odors are not objectionable, as determined solely by the Department.. Any operational changes deemed necessary by Department personnel must be followed. In addition, any material on-site that is causing objectionable odor migration, as determined by the Department, shall be transported to another authorized solid waste management facility. 7) In the event, that any unauthorized or any other unacceptable waste is rejected, the date, name of shipper,license plate number and type of material rejected shall be recorded and reported to the RSWE upon request. 8) In the event that any hazardous or prohibited waste is accidentally accepted by the facility, it shall be contained properly secured immediately. The incident should be reported to the Environmental Monitor, and the RSWE and the Suffolk County Department of Health Services (SCDHS) shall be notified in writing within 48 hours of the incident. Prohibited wastes shall be removed to an approved disposal or treatment facility within 24 hours by a waste transporter authorized under 6NYCRR Part 364 to transport such waste. A written report of the incident shall be submitted to the Department within five(5) working days of disposal of the waste. 9) The Permittee shall notify the RSWE within 18 hours of any occurrence of an event which will cause the cessation of operations for a period 48 hours or more. Such an event would include a fire, spill, equipment or similar event. lo) Receipt of waste at this facility shall be limited to the following: Monday through Friday Saturday Sunday 7:00 a.m. 7:00 a.m. CLOSED to 5:00 p.m. to 5:00 p.m. ii) The Permittee shall require that all vehicles transporting waste to and from the site be appropriately enclosed or covered so as to prevent littering of roadways approaching the site. i2) 1-4720-006~3/00002-0 The Permittee shall regularly observe the condition of roads, both on-site and off-site providing immediate access to and from the facility to determine if litter from the facility or from vehicles usin~ the facility is beinq deposited thereon. The Permittee shall take such steps as may be necessary to properly maintain on-site access roads (such as, without limitation, mechanically cleaning, wettin~ and/or pavin~) . 1 FACILIT'! ID NUMBER Page 4 of 6 9S-20~[ '1--25c NEW YOTATE DEPARTMENT OF ENVIRONMENTAL CONSER'~)N 13) 14) SPECIAL CONDITIONS 27 For ArticJe (~ Title 7;6NYCRR 360: Solid Waste Management Waste tire storage, whether whole, shredded or baled, exceed 1000 tires at any time, without a 6NYCRR Part Waste Tire Storage. shall not 360 Permit fc Records are to be kept of all incoming and outgoing shipments and shall include: date; name of shipper; license plate number; tonnage or cubic yards. Records of the shipment of recyclable materials to materials brokers are to be kept separately in order to obtain estimates of the recycling effort. Shipping records are to be sent to the Regional Solid Waste Department, on a quarterly basis. 15) Environmental Monitorinq Requirements An account to fund the Environmental Monitor(s) shall be established with the Department as follows: (a) 1-472~3A~-0 The sum of $75,000 shall be paid the Department as follows. Within 10 days of the effective date of this permit, Permittee shall submit $37,500 to the Department to the address specified in pagragraph !5(e) below, and within 40 days and 7£ days respectively of the effective date of this permit, permittee shall submit additional payments of $18,750 each tc the address specified in paragraph 15(e) below. This sum is based on an estimate of annual Monitor program costs and is subject to quarterly revision. Subsequent quarterly payments shall be made for the duration of this agreement to maintain an account balance sufficient to meet the next nine months' anticipated expenses. Quarterly payments shall be made for the duration of this permit in accordance with the following provisions. (b) Costs to be covered by this fund include: (1) Direct personal service costs and fringe benefits of the Environmental Monitor(s) and full-time Monitor supervisor(s), including the costs of replacement personnel for the person(s) regularly assigned to these positions. (23 Direct non-personal service costs, including without being limited to purchase or lease of a vehicle if necessary and its full operating costs, and any appropriate chemical sampling and analysis. (3) Inflation increases and negotiated salary increases. (4) Indirect support or overhead costs at the New York State Department of Environmental Conservation Federally- APProved Indirect Cost Rate. 1 Page ~ of 6 27 For (c) SPECIAL CONDITIONS Article Title 7~6NYCRR 360:Solid Waste Management Upon written request by permittee, the Department shall make available to permittee any records (e.g., vouchers, time records) relating to such Monitor costs, consistent with applicable law. (d) As noted, the Department may revise the required payment on a quarterly basis to include all costs of monitoring to the Department. The quarterly revision may take into account factors such as inflation, salary increases, accrued interest to be applied to the balance, changes in operating hours and .procedures and the need for additional on-site Monitors and supervision of such Monitors by full-time Monitor supervisors Upon written request by the permittee, the Department shall provide permittee with a written explanation of the basis for any modification. (e) Within 30 days of written notice by the Department that a payment is due, payment shall be forwarded to the Department. Payment should be sent to: NYS Department of Envirornnental Conservation 50 Wolf Road - Room 593 Albany, N-Y 12233-1510 ATTENTION: Director of Environmental Monitors. Payments are to be in advance of the period in which they will be expended. (f) Upon termination, expiration, or surrender of this permit and payment of any outstanding costs, the unexpended balance, including interest, will be returned to the permittee (g) Failure to make the required payments shall be a violation of this permit. The Department reserves all rights to take appropriate action to enforce the above payment provisions. (h) The Monitor shall, when present at any permitted facility, abide by all of the permittee's health and safety and operational requirements and policies; provided, however, that this subparagraph shall not be construed as limiting the Monitor's powers as otherwise provided for by law and shall not result in the Monitor's being less protected than the Monitor would be if he or she were to abide by Departmental health and safety requirements. (±) The Department will review the monitor contribution on an annual basis, at the request of the permittee, using the Department's criteria and will adjust if appropriate. 1-4720-00643/00002-0 Page 6 of 6 N~..~/YORK STATE DEPART~NT OF ENVIRONMENTAL CONSERVATION Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone (516) 444-0375 Fax (516) 444-0245 Michael D. Zagata Commissioner April 17, 1996 Mr. Anthony E. Core, P.C. OMNI Recycling of Babylon Inc. 114 Alder Street W. Babylon, NY 11704 Dear Mr. Core: Please be advised that Permit Condition No. 5 of Special Permit Conditions of the renewed Permit to Operate dated 4/1 5/96 has been amended as follows: 'A list of municipalities serviced by the facility must be included in the first quarterly report with the status of the municipality's CRA. All subsequent quarterly reports must provide a similar listing including municipalities being serviced by the facility. The Permittee shall, during operation of the Recycling Facility, promptly submit to the Department for its review and approval any reasonable supplementary information requested in writing by the Department.' This letter is an amendment to the original permit and, as such must be kept with the permit and made available at the facility. All other terms and conditions remain as written in the original permit. If you have any questions, please call Mathew Eapen at (516) 444-0375. Sincerely, Robert Green Regional Permit Administrator SA:ek cc: Susan Ackermann Mathew Eapen Jeanne Compitello File 52M1 9. INFORMATION $CH~OUL~ K ~ID BONO i' '.":KNOW ALL MEN BY THBSE P.~£SENTS that me, the undersigned, ~i.~TRINIT~ TRANSPORATION ~0N of, -~:214'Bl~denbur~h Road, Central lslip,~ev York 11722 a5 PUi~CiDal, :Ftor~ Park, N~ Jersey 07932~853 a5 5u~e~, a~ h~bW held ~ ' ': ~ OF SOoIa0~, 53095 ~ Road, · '~iT~i~' bound um~O S~thold, N~ York 11971 " ' ' ' O~ uu~ TaOuS~ ~ ~u/Iuu .as Om~er 1~ '~um 'o~ · ($i00,000.00) ~Y.T~ ~or :he paument ~l='N,'i ~ill a~ trul~ be ~ade ~e hereb~ Joinllg 'and ~ ... , · ~d":a~s ~i~5 Signed Chis 22nd ~y .)~e co~'dit~on o~ :he above :b~i~ation Is such ~hat ~here~ ~nci'pal bee submitted to :he Town oF Southold ~ Ce:rain '~C"~aC~d hereto and herebW m~de a pa~t hereof ~o en:e: .~ ~: : '..'.,} )~ s~ld Bid 5hal~ be ~eJected ~ ~n the alternate I~ said Bid shall be ~ccepted, ~nd the P~ncip~l 5hall . :. ~amp~e OPe~atinO ~r~ ~ment ettached hereto completed in acco~d~ ~ce ~lth s~id B~d) ~nd sh~ll ~urnish certi?ic~:es c' insurance ~nd e bond ~or this ~aith~ul performance )~ said Agreement, and ~or ~he Dawmen~ O~ al~ Derson~ pec~ocmin~ labcc oc ~urnlshin~ ma~ecia~ In conn=c~l ~n therewith, an~ sha~l in all acceptance o~ said 8i then chis obligation shali be void, otherwise the ~ame shall remain in Force and e~fect~ it being expr~ssl~ understood snd a~reed that th~ liabilit~ of ~he Suret~ for an~ ~nd ali ' hereunder shall, In n~ event, excee~ ~he pensl amount ~ - of thi~ obligation ~ ~er~in Bond Schedule S.O.K Page ! OF 3 The SuretW, For velu~ received, here3U -stipulates and agrees that the obligations o~ said Sur~W and its bond shall be in no wa~ impaired or affected bw anw extension of the time[within which the Owner maw accep~ such Bid; and said 5~ret~ does hereb~ ~aive notice o~ an~ Such extension, ..'~et~ th~l.r hands and 'j ~'i~"... ~:'~' '"" ~.(. Principal the Principal and the Sure=W have hereunto seals, and such dE ~hem as are corporations a~fixed and these the daw and gear iL.E.) , ~:~:.. '.,,;' . · j~C[NO~EDGE~ENT BY CONTRACTOR, [F A CORPORATION) ?~.~.,:..';.L{ ~~ ." ; that he is the ,?;~?:...~-,. · ~- o~ :~e ' ~ ~S~O~O~ CO~O~ ~.~a~.lon descr~oeO In and whlch executed :he toregoing ~~n:; that he ~no~s the s~al oF Che corDora:ion; the: ~;-'aO :~rr~xed bg the order o~ the Board ~f Directors ~'O~;BLd Bono Schedule 5.0 ?. IF ~ ) 5SN: !~n.:ii:~h~s._ daw off ~ be~o~e me ~sOn~ came ' " . - , tO me known, an~ 'k~w~ ko .me to be a member o? t~e firm o~ - .:~6d'i~'~Own to me :o be an i~dividua& described in, and wgo ~XeC~t:~d the ~oregoing InStrument in the ~lrm name '~ i,, !i .... and h~ dulw acknowledged :o me that he ~x~'~&~ the s~me ~or and ~n thp beha~ o~ sa&d g~rm ~or the uses ~d"pU~poses mentioned therein. · ~.. ~ ~-.' '. · ~U "ii~':i"~.::::,i":: ti" ' .......... }i':' " ~ ~.:.'~si' __ daw o~ ., ~ .... before m~ persona~ly :~ '~ , to me known ~nd known co :~ t'he: person ~esc?~bed In ~d who executed the ~ore~o~ng ~:~:~:'~dm~nt ~nd du:g ~cknou, ledged Cha: he executed the-same. ) $SN: POWER OF ATrORNEY CAROLINA CASUALTY INSURANCE COMPANY JACKSONVILLE, FLORIDA 126 No. NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS: that CAROLINA CASUALTY INSURANCE COMPANY ("Company") a corporation duly 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 ap~oint Anthony ,.3-. Romano or Thoro. as Bean or Fred Nicholson or Gerar~ S. Macholz or Eleanor Doudera of Uniondale~ New York 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 thc 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, Secretary and Treasurer, or either of them, are hereby authorized to execute on behalf of the 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 in 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 be issued. IN WITNESS WHEREOF Carolina Casualty Insurance Company has caused these presents to be sign~e~l and attested by its appropriate officers and its corporate seal hereunto affixed this -,,~d) ~ day of ~.~,-,,d , I9c/,..,~'. Q Attest: .-'-x .4 ~ Carolina Casualty ln~,ur~ance Company By ~ .~_~ By /~ ~.~f Betty (f. ~utherland ~lichael J.///Snead, CPCU', CLU Secreta ,, Pr 'd.e,,n WARNING: THIS POWER i~qr~rALID IF NOT PRINTED ON GREEN MO~h~I~r~R S~/CURITY PAPER. STA PLORIDA COUNTY OF DUVAL) SS Sworn to before me,'~ Notary Public in the State of Florida, this 0 day of ~'t~"~<~d.../ , 19 ~"~-, by B~r~v C . rrhorlhnrl, vnoFf;l~gt~t~f~,lllte, lt~mliae 5ectetary ofCaro naGasualty Insurance Company. t~O~,,. ~_~... ,, .',.3. ~2~8/. Notary Public, State of F~o,~i~ia at Large ~ CERTIFICATE I, 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 full force and effect as of this date. Given under my hand and the seal of the Company, this __ 22nd day of MAY . ,19 97 ~--~ B~tty C{ ~utherland , Secretary Corp. Ack. STATE OF ? ss.: COUNTY OF NASSAU On this ........................... ..2.~ ............. day of ............ !~Y 19.._?~., before me personally came to me known, who, being by me duly sworn, did depose and say; that he resides in ................................................... Suy~OI~ couwrY, ~ YORK ..................................................................................................... that he is the ................................................................................................................ of the the co.option descend in ~nd whi~ ex~ut~ the a~ve instrument; ~at he knows the se~l of s~id co~or~tion; ~t the s~ ~ffix~ instrument is such co~or~te seal; t~ it w~ so affixed by order of the Board of Directo~ of ~id cor- poration, and that he si~ed his name thereto by like order, m~ ~u~N (Seal) CAROLINA CASUALTY INSURANCE COMPANY STATEMENT, DECEMBER 31, 1996 (AMOUNTS IN THOUSANDS) STATUTORY BALANCE SHEET Admitted Assets Bonds Common & Preferred Stocks Cash & Short Term Investments Other Investments Premiums Receivable Investment Income Receivable Reinsurance Recoverables Other Assets 125,578 13,017 14,322 9,410 7,972 2,088 7 1,237 Total Admitted Assets $ t73,63t Liabilities & Surplus Loss & LAE Reserves Unearned Premium Reserves Drafts Outstanding Other Liabilities 82,785 15,835 2,604 10,450 Total Liabilities $ 111,674 Capital Stock Additional Paid In Capital Unassigned Surplus 3,687 27,090 31,180 Total Policyholders' Surplus $ 61,957 Total Liabilities & Surplus $ 173,631 Officers: President: Senior Vice President: Vice President: Vice President: Vice President: Vice President: Corporate Secretary: Michael J. Snead John S. Hill Charles E. Estes Barbara B. Murray Carroll D. Starmer Alan P. Toth Betty C. Sutherland Directors: Anthony J. Del Tufo Robert S. Gorin Edwin L. Heer John S. Hill Michael J. Snead Carroll D. Starmer Edward A. Thomas INFORMATION SCHEDULE L PERFORMANCE BOND Bond Ne. 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 Southcld (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 himsel'f, ~his heirs, executors, administrators and assigns and the Surety binds itself, its successors and assigns, Jointly and severally, firmly bu these presents. WHEREAS, the Principal has entered into a certain written Agreement bearing date on the daU of , 19S , with the Owner for the Town of Southold construction material and/or demolition debris Haul- Disposal Services, a copy of which Agreement is annexed to and hereby made part of this bond as though herein set forth in full. NOW, THEREFORE, the conditions of this obligation ars such that if the Principal, his or its representatives or assigns, shall well and faithfully complU with and perform all the terms, covenants and conditions of said Agreement or his (their, its) part to be kept and performed and all modifications, amendments, additions and alterations thereto that may hereafter be made, according to the true intent and meaning of said Agreement, and shall Fully indemnify and save harmless the Owner from all cost and damage which it maU 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 sai~ work, or the repair of maintenance thereof, or the manner of doing the same, or the neglect of the said Principal, or bis (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 anU 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 eFFectl Performance Bond Schedule S.O.L BID (PROPOSAL) FO~M Page 1 of ~ ..... .,,.~ stipulates end agrees, if requested to do so bg the ~uliu ca.form and ~ i~-~ ' . _ - ' ~omp_-~- tme mock mentioned and described in said Agreement, pursuant to the terms, conditions, and covenants thereof, if ~or ang cause the Principal Eaits cc neglects co so fullW perform and complete such mork and the SurerW further agrees to commence such mock of completion within ten (!0) calendar dews a .... mcitten notice thereof ~cam the Owner end complete such mock mithin ten (10) calendar daws ~com the excitation, of the ~_me a!tomed the Principal in the Agreement fcc the completion thereof; and further ?ROV[OEO HOWEVER, the SuretW, ~ar value received, for end its successors end assigns, herebW s~ipu!atee and agree-~ ~hat the obl!gacion of said SucetW and its bond shall be in no maW _mpazr_~ or affected bW an extension of mime, modification, co be performed themeundec, cc bg ang paymen~ :hemeunoec be~ome ang mock to be performed cc ang monies due ac to become due thereunder; and said Surecg ~oes herebu moire no,ice of anw and ail of such ='-= ~ ~:='- -; ~ ' ~x__n_~ns, mo~;~ l~a;.on_, omissions, addicLoms changes, pagmen~s, ~aivecs, assignments, subcontracts and and~_~ chimcs done and omitted to be done by and ~n relation ~o assignees, subcontractors, and o~hec transferees shall have the same effect as to said SwcecW as Chow;h done cc omitted co be done bg or in relation to sai~ Principal. IN W~TNESS WHEREOF, the Principal has hereunto sec his Ctheir, its) hand e~d sea! and the SuretW has caused chis instrument to be signed bW i~s , and ~ce corporate seal to be hereunto affixed this daw of (If Corporation add Seal and Attestation) Principal Add Corporate Sea! PerZormanoe 3and Schedule S.C.L INFORMATION SCHEDULE M OPERATIONAL PLAN The Bidder hereby states that it proposes to implement the following operational plan to haul and dispose of Construction Material and/or Demoliton Debris (C&D) from the Town of Southold Landfill if awarded an Agreement. I. Haul Summarize the manpower and equipment you will make available to perform under this Agreement. II. Disposal Summarize the identity and location of the primary and secondary sites you plan to use for disposal of the construction material and/or demolition debris. Describe the arrangements between your company and the disposal site for use of the site. Describe any treatment the C&D will undergo during transport or upon arrival at the disposal site. Attach copies of the permits to construct and ~ermits to operate the disposal site. Site No. 1 NAME LOCATION CONTACT PERSON AND PHONE NO. ;.~T"R ~'l~R-ff~o Operational Plan Schedule 5.O.M Bid (Proposal) Form 1 of 2 ARRANGEMENTS FOR USE TREATMENT OR UNUSUAL CONDITIONS ,'~:x~T~,~ C~' V,.~oD '~ Site No. 2 NAME OlY/L~I LOCATION CONTACT PERSON AND PHONE NO. ARRANGEMENTS FOR USE TREATMENT OR UNUSUAL CONDITIONS OPERATIONAL PLAN Schedule 5.O,M Bid (Proposal) Form 2 of 2 APPENDIX A SAMPLE OPERATING AGREEMENT THIS AGREEMENT, made on the cloy of 1997, by ancl between the Town of Southolcl, a municipal corporation of the State of New York having its principal place of business at 53095 Main Roack Southolcl, New York: hereinafter collect the "Town" and hereinafter called the "Contractor." WITNESSETH WHEREAS, Contractor has submitted to the Town a bid dated , 1997 ("Bid") in response to the Town's Bid Solicitation for Construction Material and/or Demolition Debris Hauling-Disposal __, 1997, ("Solicitation"); Services dated 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 cedain services in connection with the handling of solid waste, NOW, THEREFORE, it is mutually covenanted and agreed by and between the parties hereto as follows: I. DEFINITIONS - Terms defined in the Bid Solicitation shall have the same meaning as if defined herein. APPENDIX II. SCOPE OF SERVICES - The Contractor shall perform the services in accordance with the description of those services as set fodh in the Solicitation. Ill. TERM OF AGREEMENT - The Term at this Agreement shallk be three (3) years commencing on July . The Town, at its sole discretion, shall have the option of renewing the Agreement for two (2) additional one (1) year terms by giving Cantractor written natice of its intention to renew at least thirty (30) days prior to the expiration af the term. IV. PRICE SCHEDULE/COMPENSATION - The unit bid price schedule for the services fo be furnished by Contractor is found in Section C ~ 3.1,3.2 Contractor's bid which is incorporated into this Agreement. V. PAYMENTS - The Contractor shall received monthly payments for services performed during the prior calendar month. The Contractor shall submit a request for payment on a Town approved voucher form along with Contractor's invoice which shall include a daily summary of tonnage hauled by Contractor at a Disposal Sit as applicable. Such payments shall be made within sixty (60) days of the Town's approval of Contractor's invoice. The Town shall be entitled to deduct from any payment owning to Contractor any sums expended by the Town fo cure any default or other Agreement non-compliance by APPENDIX A-2 by the Town sums expended non-compliance by Contractor or to of anw claims filed or account tiled. to cure anw default or other Agreement protect the Town from loss on reesonablw anticipated to be VI. CONTRACTOR'S WARRANTIES AND RE?RE$~NTATIONS Contractor makes the following warranties and Contractor represents that the Town has made no commitment under this Agreement with respect to the volume of construction material and/or demolition debris to be handled bw Contractor during the term of this Agreement. B. Contractor warrants that Contractor shall complw with all federal, state and local laws, ordinances or regulations applicable to all of the services to be performed bw Contractor. C. Contractor represents that the information furnished bw Contractor in the equipment schedules included in the bid is accurate and complete and Contractor acknowledges that Town has relied upon the accuracw and completeness of that information in .the selection of Contractor as the lowest responsible bidder. 0. The Contractor represents that Contractor shall utilize its best efforts to insure that Minoritw and Women Owned Businesses (MBE's and WBE's) have the opportunitw to participate as subcontractors under this Agreement. In the event the contractor subcontracts twentw-five percent ¢25~) or more of APPENDIX A-3 its work hereunder, and a WBE Utilization Plan, E. In the Contractor shall submit to the Town an MaE prior to execution of this Agreement. event the Contractor's Disposal Site is unable to receive and dispose of material and/or demolition debris for failure to obtain or maintain necessarW the Town's construction anW reason (including permits or licenses), Contractor shall be responsible for providing to the Town an alternate Disposal Site for the ?own's use at no additional cost to the Town, and shall indemnifw the Town against anW additional hauling cost bv the Town or its agent because of the location of the alternate Disposal Site. Under no circumstances shall a change in Disposal Site(s) or failure or inabilitu to obtain or maintain necessarU permits bu the Contractor be considered change in conditions. In the event the Contractor is unable to find an alternate Disposal SiteCs), he shall be deemed to be in default of this Agreement and liable for damages, bond forfeitures and other expenses as provided in the Agreement. VII. INDEMNIFICATION INSURANCE/BONDS A. Contractor agrees to defend, indemnifw and save harmless the Town of Southold against anW and all liabiiitw, loss, damage, detriment, suit, claim, demand, cost, charge, attorneW's fees and expenses of what ever kind or nature which the Town maw directlw or indirectlw incur, suffer or be required to PaW bw reason of or in consequence of the Contractor carrwing out or performing under the terms of this Agreement, or failure to carrw out anw of the provisions, duties, services or APPENDIX requirements oF this Agreement, whether such losses and damage~ are suffered or sustained bg the Town directlw or bw its emplogees, licensees, agents, engineers, citizens or bg other persons or corporations, including anw of Contractor's emplowees or agents who maw seek to hold the Town liable therefore. This obligation shall be ongoing, shall survive the term of this Agreement and include, non-sudden environmental impairments. The Contractor ~hall join in action or proceeding proceeding which in the threatened interference Town, mag including all appeals be necessarW. B. Contractor shall but not be limited to, claims concerning the commencement of anW or in the defense of any action or opinion of the Town constitutes actual or or interruption with the Town's rights which, in the opinion of the 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 wear 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) daws written notice has been given to the Town All such insurance shall be issued bg a companw dutw 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 financlallw able to meet its obligations under APPENDIX the foregoing indemnification. C. Contractor shall, performance of services hereunder, for the period of the maintain e Performance Bond in the amount of five hundred thousand ($S00,000.00> 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 Iown, the Contractor, the Disposal Site or any of the Town's or the Contractor's respective subcontractors or suppliers, to the extent that it materially and adversely affects the ability of either party to perform any obligation hereunder Cexcept for payment obligatione~, 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 partg relying thereon as justification for not performing an obligation or complying with any Agreement, the time extended day-by-day condition required of such partg under the for fulfilling that obligation shall be for the period of the uncontrollable circumstance~ faith or the action shall lack of provided, however, that the contesting in good failure in good faith to contest such action or in not be construed as willful or negligent action or a reasonable diligence of either party. Subject to the ~P?ENDIX anticipated weather Town or Disposal earthquake, fire, foregoing, such acts or events shall include the ~olloming: an act of 6od (but not including reasonablw conditions for the geographic area of the Site), hurricane, landslide, lightning, explosion, flood, sabotage or similar a public enemw, extortion, war, blockade or insurrection, riot or civil disturbance; (8) the failure of anW appropriate federal, state, oountu, town or local public agencu or private utilitw having jurisdiction in the areas in which the Transfer Station or Disposal Site is located to provide and maintain utilities, services, water and sewer lines and power transmission lines which are required for the operation or maintenance of the Transfer Station or Disposal Site; C3) governmental services in connection with condemnation or other taking bw pre-emption of materials or a public emergencw or anw eminent domain of anw portion of the Transfer Station or Oisposal Site; and (~> the presence of hazardous waste upon, beneath or migrating from the Transfer Station. I~ is specificallw understood that none of the following acts or circumstances: Ca) inflation rates, condition of the anU subcontractor; conditions shall constitute uncontrollable general economic conditions, interest or or currencu fluctuations; (b) the financial Town, the Contractor, anW of its affiliates or (c) union work rules, requirements or demands APPENDIX which have the effect of increasing the number of emplouees emploged otherwise increase the cost to the Contractor of operating its haul operation or the Disposal Site (d) equipment failure; (e) ang impact of prevailing wage law, customs or practioes on the Contractor's costs; (f) ang act, event or circumstance occurring outside of the United States, or (g) anw change in law or in the permit conditions or status of the Iransfer Station Disposal Site or alternate Disposal Site. IX. SUBCONTRACTS Contractor shall not enter into ang subcontracts in connection with the services to be performed bw Contractor hereunder without the prior written approval bw 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 complw 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 anv 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 complg with the provisions of the New York State Labor Law relating to the pagment of prevailing wage rates to the extent applicable, or the applicable State Law in the state of disposal. In the event that at ang time during performance under this Agreement the Contractor is APPENDIX A-8 ~equi~ed ~o ~ncreaee the wages pa~d to any o~ Its employees as a result of suoh requirement, all ODerS resulting there from shall be borne exclusivelu bu Contractor. ×I. FORCED ACCOUNTING In the event the Town directs the Contractor, bg written authorization signed either bu the Town Supervisor or Town's Solid Waste Coordinator, to perform additional services begond the scope of those described in this Agreement, the Contractor shall be compensated for such additional services on the following basis: TOTAL COMPENSATION FOR ADDITIONAL SERVICES DIRECT LABOR COST + DIRECT MATERIAL COST + OVERHEAD + PROFIT For the purposes of this Section: A. DIRECT LABOR COST shall include hourlg wages, including overtime premiums actuallg paid plus the following fringp benefits associated with those wages - group medical, group life insurance, pensions, FICA, uniforms, safetg equipment or special tools. These fringe benefits shall be separatelg identified and shall not duplicate fringe benefits paid in connection with ~ork performed within the scope of the Agreement. 8. DIRECT MATERIAL COST shall be those costs actually paid bg Contractor for materials utilized bg Contractor in performance of the additional services. The costs for such materials shall not include sales tax for ang materials which constitute personal propertg incorporated into the structures, APPENDIX buildings, or real propertw of the Town since such personal propertw is exempt from taxation under Section ills of the New York State Tax Law. C. OVERHEAO shall be 10~ of the total of the Direct Labor Coats and the Oirect Material Costa. O. PROFIT shall be S~ of the total of the Direct Labor Costs, the Oirect Material Costa 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 nscessarw and furnish copies of those updates to the Town. XIII. DEF4ULI In the event the Contractor fails to perform its obligations under the Agreement, the Town maw terminate the Agreement, procure the services from other sources and hold the Contractor responsible for anw costs incurred. The Town also maw deduct such costs from pagmente owing to the Contractor and/or draw upon the Performance Bond aa full or partial reimbursement for such excess costs. The Town reserves the right to terminate the Agreement for Just cause. XIU. SERVICE A6REEMENT The Contractor shall be obligated to provide the Town with disposal services without regard to the permit status of its Disposal Site. In the event that Contractor submits a Bid APPENDIX A-10 may be parties. either County, EOE ~ Oi6pO6fi! ~i~8 ~0~ which ContFaotoF does not currentlw have all necessaru federal and state permits, or which after the acceptance of the Bid loses its permitted status, Contractor shall, at its sole risk and expense, be responsible for obtaining and/or renewing its permits or providing the Town an alternate Disposal Site at no additional cost (disposal plus emu additional hauling) to the Iown. The parties agree that this is a full service Agreement and failure of the Contractor to provide the identified Disposal Site or acceptable alternative Disposal Site, on or after the commencement date shall constitute a breach of this Agreement. /he ~ontractor aocordinglu shall not be excused from its obligations hereunder bU reason of anU failure to obtain or maintain its permits at the identified Disposal Site, XV. LIMIIAIION OF FUNDS The Contractor agrees that this Agreement shall be deemed executoru onl~ to the extent of the funds currentlU available for the purposes of this Agreement and that the Iown incurs no liabilltu beuond those available bU authorization of the Iown Board es of the date of this Agreement. XVI. DISPUIES/ARBITRA/ION AnU disputes betmeen the parties to this Agreement referred to arbitration bu mutual agreement of the Absent such an agreement, emu actions or claims bu partw hereto shall be New York. In the event commenced in Supreme Court, Suffolk the parties agree to arbitrate APPENDIX A-l/ 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 bu arbitrators following any such arbitration shall be final and Judgment maw be entered upon it in accordance with applicable law in any court having jurisdiction thereof. XVII. MISCELLANEDUS A. This Agreement shall be governed by the laws of the State of New York. 8. Contractor shall not assign, convey or otherwise transfer its rights or obligations under this Agreement without the prior written consent of the Town. C. This Agreement, including all Exhibits and documents referred to herein, along with the Specifications, Solicitation and the Bid, and all Appendices and Exhibits thereto, represent the entire agreement between the Town and Contractor relating to the Services to be This Agreement mag be modified only by Contractor and the Town. performed hereunder. written agreement of documents constituting the agreement of the parties, among those documents shall be: 1. This Agreement; APPENDIX A-i~ To the'extent of any inconsistency among the the priority Exhibits hereto; The Solicitation including Appendices; Contractor's Bid. the Contractor the benefit of Contractor or instituted bw or this Agreement. consistent with independent contractor will neither emplowee of E. Without limiting anw other right and/or remedw which the Town maw have at law or under this Agreement, if is adjudged bankrupt or makes an assignment for creditors or a receiver is anw insolvencw arrangement against the Contractor, the appointed for the proceedings are Town maw terminate Contractor agrees that it will conduct itself its status, said status being that of an or agents offioe~ or anW right limited to, Worker's Social Securitw or and, Contractor, its emplouees hold themselves out nor claim to be an the Town of Southold nor make claim to accruing thereto including, but not Compensation, Unsmplogment Benefits, retirement membership or credit. G. If anw prevision of this Agreement shall for anu reason be held to be invalid or unenforceable, the invaliditw or unenforcesbilitw of such provision shall not affect anw 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. Contractor agrees that it shall not discriminate APPENDIX A-13 and that it shall cause there to be no discrimination against any employee who is employed in the work, or against any applicant for such employment, because of race, religion, color, sex, age, marital status, handicap or national origin in any manner prohibited by the laws of the United States or of the State of New York. These requirements shall include, but not be limited to, the following: employment; upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of paw or other forms of compensation~ and selection for training. ×VIII. be made NOTICES All notices required to be given hereunder shall in writing by first class mail addressed as follows: APPENDIX A-I~ If to the Town: Supervisor of the Town of Southold Town Hall 53095 Main Road Southotd, New York 11971 With a cody fo: Solid Waste Coordinator Town of Southold 53095 Main Road Southold, NY 11971 If fo the Contractor: tN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. TOWN OF SOUTHOLD BY: Jean W. Cochran, Supervisor BY: APPENDIX A-15 APPENDIX B NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PERMIT New Yark State Oegarcment cf =_.~viranmental Consenzaticn Legal Mfair$. ~uilding -t0 - ~UNY, ~[ony Sreok. NY 11T=.O-ZS.~6 Teiephene: (516) 4-4.Z-~=~5 Facsimile: (516)'~ '~ The .~ZonoraNe J'~.~ ~. Cocir*.m Stzpe.'-risor, Tow~ o~ou~otd & _~a~"tiiuc~ ~.t~ Scot,tuber, '.993, md. in ~ditien. ~e Tow~ ~ tommy ~ ~e 5ilo~''~ operating condition: L. The To,~m mus~ :,~m'giy '¢drh ~ .%'Y'C~q. Subaaz-.~ ]6O-t (C~ ?~c~) md 360- ~ ~ (T~r ~c=~e~s ~ o~5 N-~ ~ 360 (~e ,3~:b~ 9.,,: ~'...~, _,~.~- .... ~ The To~m sh:~il apply for ~d rec~ve a .aer'mit for ~e tmm-z~ r~atian before ~e ~xpir-a~on ~f r. his mmparazy aur~oriz~riom 7. The Taw~ ~ submk by D~ember 3 l, 1996, to ~he D~a.nzn~ ~-~r. be.,- l.)a for Part 3~0 r~m'azion sppraval ,for d~e subjem u'ans~er 15.c~, or. 2.)~ impiem~r,~on schedule for the prepam.tior4 r.,hmirral and obr=i,ing permit for ~e subje~':- ~'~.n~'er f,-~iiiry, r. r. be eveaz the de:~_q~e~ by ~¢ Depm ~¢n~ ~o be ~propriam, rmmlt b a ~rh~ =~msion ofr_~ ~emporary mthofi~fio- In no ~ze=t, how~z~, ~h~il 199'/. .~LEC, .~f~ C.'mhs Enc. L..Kiley .:_ £ava .¥L Carae~er~ APPENDIX B-2 AP?ENOIX C Tomn of Southold Accident Report TOWN OF SOUTHOLD ACCIDENT REPORT Date of Accident: / / Oral Report Date: / / Location of Accident: 8riel Description of Accident: Time of Accident : AM/PM To: Time: : AM/PM Check if continued on separate sheet Action Taken: Additional Action Required & BW Whom: Date of this Report:__/__/__ Department: ANY POLICE REPORT PREPARED REGARDING THIS aCCIDENT MUST ATTACHED. Forward Accident Report to Solid Waste Coordinator Southold Town Solid Waste District P.O. Box 968 Cutchogue, New York 11835 APPENDIX - C 8E APPENDIX 0 Town o? Southald SWMP (Executive Summing) This is a S, rmma~y of the update to the Solid Waste Management glan (~'~141~) for Board on Septam~er 25, 1990, and a final SWMP on January 22, 1991. Sinom the adoption o~ the S'w~, 'there have been a n, rmher of changes in solid waste maz~agemen= in Southold and on Long Island. ch~nges in ~olid ~=~ g~e~cion, r~c!ing ~ia=i~s, r~a=o~ co~n=s, ~d a~il~le c~ci~ aU other soli~ '~ste ~acili=im~ co~i~ ~=h c~ge~ in the cost of out-of-To~ h~iag ~d processing ~ =he pr~'~=e sec=or. Thesa ~acnor~ ~ve rm~t~ in a c~ge in =he T~'~ 9re~e~ processing ai=m~ative ~or =he resid~l wasnm r~m~ining a~er =educ~ion, reuse, ~d rm~c!ing. S.1 Town The Town oE $outbcld is a ==al t=wn of appru~ely 54 square milos in sas=em Suffolk Co,u=lCycn Long Island. It is bo.-~-eredby ~he P~co~ic ~ays along wi~h uke To~ o~ Riverhead ~o ~he wes=, co. rises the No~h 'East End' o~ Long Isi~d. it also t~cludem the N~m~e= of Fi~herm !z!~d, a ~i! isl~ co~i~ covering approxi~=e!y fo~ s~e The Town supports a large agricultural con. unity, as well as a seasonal =Jurist population and a n,,~her of weekend/part-time residents. Of the various conlnuni=ies in the Town, the larger residen=ia! areas ars pr~ma-~!y located in Sou=hold, Cu~ohoque, Gr~enDor~, a~d Mattituck. The Town possesses diverse ecological resources includiag beaches, bays, estuaries, !akme, fr~shwauer and ~idal wetlands, and the upland environment. These resources are ~he result of nauur=l physiology and existing develo.ument paCts_--as, and are Lm~or~-anc for their preservational, social, aesthetic, and recreational value. The Town cum~rssam 5.3% of Suifolk CounTy's land ar~a, but only l.~% of tbs Counuy's population. ?he largest single land use in ~he ?own is vacant Land 51{.hR/4 APPENDIX D are: News~ager o Plastic containers o Hajor household a~!iances Metal oon=aine=$ o Bulk Metals o Household hazardous waste Clear glass o Was=m oil o Leaves Green glass o Old clothes o Brush Brown glass o Bat=eries o Wood chide Tires o Mixed PaDer {other t~ ca-~board} Cardboard in accordance with its solid w~sce ~-~gement planning effort, s, the Town has implemenued a mandato~! curbside recTclable col!et=ion program fur those residence whose solid wasne is coi!ecu~d by. carters. Residen=s ~hat use car~ars are r~=quired to segara=e green, brown, and clear glass, plascic (~D~E ~i and tin and al%uninum {commlng!ed), newspaDer, a~d card~oard. Col!ac=ion cf recyclabies ~rcm customers is currenuly Derformed once avery other week. Coi!ec~ion by Town pe_--~i==~i careers is Drov~ded ~or resid~n=ia!, cc~nercial, insui~uu~:nal, and industrial =ls=omers on an indlv~dual ¢on=rac~ basis. Ccrmnercia!, insuitutional, and industrial w-a~m generators can also deliver ~heir own was~es to ~he landfill ~rovided =hey are 9ermitted by ~he Town. Residen~ may also droD off ~heir was~es a~ ~he solid waste complex wi~h a It i~ est~.~ed ~a~ aDDroxima=ely 107 ~ons Der day of municipal solid waste was gene=scad in the Town in 1992. This volume is ~ased on 1992 scale house da~a from the solid waste complex and includes =ecyc!abies. ~"ucure waste ~rojec=ions have ~een formulated based on the 1992 data and weighted ~oDu!aticn eszi~natas ~hrough the year 2015, and are as i989 123 44,$9~ 1992 107.7 39,313 1995 12~.~ 46,!94 2000 134.2 48,995 2005 1~4.1 52,5~3 20~0 154.4 56,3~4 20i5 1~5.3 60,348 ~i{~R/4 SNMP ~-3 S.3 Al=erda=ives in for~ating the Town's original Plan (final SWMP January 1991), a nu~er of alternative processing me=hods and imp. l~=ation alternatives had been evaluau~d. The alternatives have been reconsidered in terms of environmental soundness, applicsloili=y, effectiveness and cost, and are presented in =h/s SWMP update. They include: Waste Reduction Household .Hazardous Waste R~moval Hater~als Recycling Comp=sting Cons:too=ion and Demolition Debris (C&D~ Recycling ,~zld Clearing Debris Recycling Waste-rD-Energy ~educ~ion/Recove~I Hunici~a! Solid Waste Com~osting Landfill Disposal Clean Fill Disposal Methods o~ Processing/Disposal Other Waezes .~!though =he State ,has set a goal of 50% reduction, reuse, and re~Zc!ing as a ~enc~nark for resource recove~--./ systams, i= has been concluded as Darn of ~he 70%. The a!=arnaciv~s ~ha~ were Drmviously evai'~ in the original ~w~ !ong-~e~ processing or dispose! of ~he r~si~ Dot,ion of ~he was~a o Conuiau~ !~dfii!ing (no longer ~ alta~tive withes the Use o~ a new, double-lined Town land~_a adjacent to existing (no longer a viable al%emotive) Processing ac the Brook~kaven com~osting~energy recovery = ~-, no= been LmDlamentad a= =his time) Processing a= Huntinq~on energy recovery facili~! Processing at an in-Townml.xed solid wamte {~ co,DeWing faci!i~y ~onger a vi~le a!t~a~ive) ( no O Yard waste exchange arrangement with a =own having an energy, recove~f faoi!i=y (re-eva!uau~d ~his ~as= year with the =owns of ~riva=e sector Drocsssing/di~posat (iacluding possible use of Hem=s=ead's existing energy recovery z ~ ~. Long haul to another - ~ c~erauions) recovery Waste reduction refers to ~he reduction of solid waste prior to disDosai. Thin is an um~or=ant consideration since it ~y af~Z the siziag or ~itude of in~vi~,~ oDerations ~d facili=ies. ~c=ion of ~e ~l~e of ~ta could be achieved =~ugh To~ suDDor= of legisla=ion ~d other ~ni=ia~ives ~= aim to enco~age =esidenti~, c~ercial, ind~tri~, ~d ~stitutio~! This would e~ec~ively r~ucm ~ke provisions a~nisnr~=ion, ~d ~in~cing. the legislative a~pec~s of wa~e reduc=ion, the To~ will continue ~aw~ ~=oDomed by ~he Co~, Sta~a, ~d F~eral gover~en=s ~a~ Reduce the votu~e and ~yDe of packaging materials, consti:ut.~d of plastics which are essen=ially nonreusa~le, and nonrec.;cla~lm ~speci&!!y ~hose F~Dand the current beverage conCainer deposit law := include a w~_der array of containers o ~ncourage greater use of rmc?cled maCerials, or Droduc~s Dackaged in re~/cled or recycla~ie ~tmria!s o 9romo~ethe deve!oDmen= o~ household hazardous waste o kssis= a~d encourage indus=riai, =om~ercial, and ins~i:utiona! genera=ors to under~s r~-.uc=ion a~d recycling ~rcgrams Assist a~da~couragehcmeowners =o undertake backyard co~%:osning and ~n Leave grass c!iDDings on =he lawn The Town w~_!! continue to supDo=~ legislative efforts ts establish deposi=s un ~azteries as a means of reducing ~he ccncentra=icn cf metals in various in addition =s !egis!a=ive acnions, all sectors of :he Town con~erciai, in~:riai, and ip~=i:'a~ionat esuablishments) will he encouraged ky =he T~wn to r~duce 1027 The mazarials =argeted _=or source separation, curbside collection, and marketing include paper (newspaper ~d =or.ga=ed c~o~d), color s~rmgated glass, tin ~d al~{=~, plas=ic~ (~ ~d ~E), ~d ~errous ~d nonferrous metal containers. Leaves, ~sh ~d l~d clearing debris ~e also source separated ~or the p~ose o~ co--sting. Ia a~=ion, cans~c=ion ~d d~IiCion d~ris, w~Ce goo~ (~jor h~s~id aDDli~ces), Cites, ~d hu~ehold hazardous ~ste ~ ke~C sea.ace ac =he Collection Canter. ~ ~rev~ously ~s~s~, c~-=ci~/in~ =o~c or ~us ~sne is =~cly r~aCed facilities. Racvc!inc: Ma~cr Kouseho!d kDuliances As wi=h the ini~iai ~-~g, the updated ~.~g's resource r~covery system racom:hands ~ha~ discardedmajcrhousaholda~piiances (also referred =o as 'whi~a goods') continue to he t~m~..ormri!¥ stoc.kpilmd and =ransfsrrsd on a r-~ratar basis to privaUa recycling facilities, whi~e goods, comprising approxlma=siy 1% of the waste stream, i~c!ude discardS, refrigerators, washing ,machines, d---./ers, scores, euc. Depending on markets, i: is possible tg~at revenues could be ganer=t~d from ~his material. Re~;c!inc~ Tir~s k designated ~ortion of =he solid waste complex is used =: ta,rp.-orari!y suoc.kpi!e tires ~ur shi$~ent :~ ai~ropriats repr~ces~ing or recyc!izg ~aci!i=ies. The temporary stoc~ile operagions should be sized to s~cc~ile up :o 1,000 tires at any given time. Using an assumed, generally accepted generation rate of one ~ire per person per year for the Town's population of 20,002, approx:-ma=eiy 20,000 tires Der year could r-~re disposal. Alternatively, using ~n est=mated _=accor for Zires ia :he residential was~a ~raam of 0.~4 ~ons per day (based =n 1990 scale house daua), with an assumed weight of 25 pounds Der tire, an average of appro~!~nely !9,000 tires per year would requir~ proper disDcsa!. Based un these ascl.matas,,i-. may be ne=essay! to size a tire s~ockl:i!e and ~-._ans~__==- operation to ?h%~dla between ~9,000 and 20,000 tires per year. This would shipments per year {!,000 =ires per shipment), or a~prox!mat~iy cna shipme~u ava~! 2 and !/2 wee.~, ~ri=h allowances _=or more _=requenu shipmenus ~uri~g certain peak periods. Recvclinc: Kousahold ~azardous Waste Gasoline o SDot Removers Herbicides o Stain and Varnishes Kerosene o Wood ~reservatives Paints o Unknown/UnlabeledConCai~ers The resource recovery system in the Town's uDdac~ MWMP reco~ends chac the Town work toward {ml,~emenUing an extsnsive public awareness, 9ar~ioiDacion, and education Dro%or~m designed to provide information on the ~-~?or~ance o~ proper!Y clisDosing hazardous materials and the procedures to be followe~. The Town's S.T.O,~. pro%-ram is consistent with the New York State Solid Waste M2unagemen= Plan ~uidelines since i: can ef~mctively kelp reduce =he quantity c~ hazardous wa~es entering the waste s~ream, kddi~ionally, the $.T.O.~. progr~m is exDectmd to increase envircr~z~n~&i consciousness and encourage resi~enus ~D segregate and r~cyc!e washes r~her than discard them. it ~s estimated thau apDroxima=ely 1% of the waste s:ream will ~e covered by this' elemen=. Re~/c!inc: Constrict!on and Qemo!ition Oebris The development, planning, ~a_--mitting, and caDital cos= of & cunatruc",ion ~nd de, lit!on debris 9rocessing ~ac!!i~? is ccs=-e(~c=ive ~f i~ is h~ by ~ha Driva=~ sector r~=her =h~ =he T:~n. Conse~ently, as with =he initial ~P tl disDosat ~acili=ias, excel= on { ~or~ ~a~i~. ~e r~c!ing/Dr:cmssiag of ~his ~sce shoed b~ome =he r~s~o~ili~ o~ ~e ~ri~ca s~or, ~ ~ =he casa in mos= To~s on Long Isi~d. This ~uld hei~ =o ~:e ~e ef~icien~ o~ r~cling =~s ~=eri~. Concrete, rocks, bric~, asD~=, l~er, ~d 9alle=a c:~mrci~ly genera=~co~=~ac~ion ~d d~li~ion d~_s ~= c~d be recovered by =his ~1~ e!~en=. Cons=~acuion ~d d~li%ion ~=~s ~rom r~siden=s ~d con~rac~or~ ~e h~ed in =he s~e ~er. ~i~8R/4 !~27 ~MP OVERVIEW OF TRANSFER STATION OPERATIONS CUMULATIVE WASTE SUMMARY THROUGH DECEMBER CUMULATIVE RECYCLING SUMMARY THROUGH DECEMBER 1996 APPENDIX E OVERVIEW OF TRANSFER STATION OPERATIONS 1. DESCRIPTION OF RESOURCES No changes to the District's funding mechanisms or management structure is anticipated at this time, although development of a long-range plan for the District is now underway. 2. WASTE RECEIVING AND TRANSFER The Town transfer station operates under a temporary permit from the DEC (pending approval of plans for a new/re-designed transfer station). It receives municipal solid waste generated within the Town by residential and commercial sources. Approximately 10,000 tons are received annually. The waste is delivered individually both by residents and small commercial contractors bringing their own waste (self-haulers) as well as by commercial garbage carters. All waste to be transferred is deposited into a cement pit, or trench, inside the existing collection building where it resides until the long-haul trailer(s) arrive to be "live-loaded." The trench can hold approximately 300 cubic yards of waste. Permit conditions require ail waste to be removed within 48 hours of being received. Upon arrival and weighing at the scale, transfer trailers drive in a temporary loading "slot" located outside the collection building approximately 75 yards from the trench containing the waste to be loaded. The transfer trailers rest on an asphalt surface approximately 4 feet below the loading grade. All loading is done with a front end bucket loader fitted with hydraulic clamps to grab and hold the garbage. Waste is packed, or pressed down, into the trailer by the payloader bucket. Once filled with waste, the transfer vehicles pulls out of the slot and proceeds to the scale to be weighed. If too much weight is on the trailer, the truck will return to the loading slot where the payloader operator will remove enough waste to bring the truck to a legal weight. If more waste can be accepted, the operator will add it to the load. Upon being properly loaded, the truck witl "scale out," receiving a weight ticket, and pull off to a convenient location where the driver will tarp the load. PLEASE NOTE: The New Transfer Station Currently Being Planned Will Allow for Indoor Loading and Tarping of the Waste. The Town Anticipates Construction of the New Station Will Be Completed Sometime in 1998. Appendix E 3. RECYCLING OPERATIONS a) Following is a description of key elements of Southold Town's source separation and recycling program. 1. Procedures for implementing the current program. Collection Methods, Recyclables are brought to the Collection Center in two ways: a) self-hauled by residents, and b) hauled from curbside by private carters. a) Self-hauled recyclables are accepted during the Collection Center's regular hours, 7:00 am - 5:00 pm, Monday through Sunday. Self-haulers deposit the following items at the recycling drop-off station: 1) glass bottles separated by color, 2) tin and aluminum cans into separate 2-cu. yard containers; 3) plastic containers; 4) polystyrene (PS)(#6 plastic); 5) mixed paper; and newspaper (ONP). Corrugated cardboard is also accepted, but at an outdoor "bunked' away from the main recycling drop-off station. The glass is deposited into 2-cu. yd containers. When full, the glass containers are carried via forklift from the drop off station to roll-off containers located at a below-grade stcrage area outdoors, approx. 60 feet to the north of the main collection building; the tin/aluminum cans are brought to an outdoor "bunker" (a 30' by 40' paved area enclosed on 3 sides by movable concrete block walls 4' in height); the plastic is hand-sorted to remove HDPE and PET containers, which are then baled in one of two small vertical downstroke balers. The remaining plastic consists of a mix of #2 color containers and other miscellaneous plastic. This mix is removed in a container via forklift and dumped in another outdoor bunker; the PS is placed into bags set up in one of two PVC frame bins at the drop-off station. There are separate PS bags for "peanuts" used in shipping packages, block used to pack electronic equipment, and food service containers. Mixed paper is dropped off into 4-cu. foot size gaylord boxes, which are then loaded via forklift into a van-type trailer for hauling to the recycter. Corrugated cardboard is deposited in an outdoor "bunker" to hold until there is enough to load an open-top trailer for hauling to the recycter. The corrugated bunker is shared with carters bringing in corrugated from curbside. ONP is deposited into small carts used to transport the paper to roll~ff containers stationed at the outdoor storage area. The ONP is then hauled out under arrangement with a private firm. b) Private carters deliver source-separated curbside recyctabies consisting of all the same items as self-haulers, with the exception of polystyrene (#6 plastic). The glass bottles (also separated by color) are delivered directly to the roll-off containers at the bi-level drop area; the tin/aluminum cans, plastic containers, and corrugated cardboard are brought directly to the outdoor "bunkers" that were mentioned above, the curbside plastic comes in at too fast a rate to allow it to be sorted to extract the valuable HDPE and PET. It is merely loaded loose into an open top trailer for hauling to the recycter. The haulers bring mixed paper to the same gaylord boxes used by the self-hauling public. They bring ONP directly to the mil-off in the bi-level area mentioned above. Processin,q Design/Description - The facility to which self-haulers bring their recyclables is a section of a large building (the Collection Center) that also houses an enclosed facility for the residential and commercial delivery of garbage, a mechanic workshop, and the Center's central office. The main residential self-hauler recycling drop-off area is on a covered concrete slab 50' by 25', open on one 50' side. It contains containers and bins for the drop off of glass (sorted into clear, green, and brown), plastic, tin and aluminum cans, and polystyrene. It also contains the vertical balers used to bale HDEP and PET plastic, which is separated from the mixed plastic stream by facility staff. The corrugated is deposited at an outdoor bunker that is also used by haulers delivering corrugated from curbside. Mixed paper is deposited, by both self-haulers and curbside haulers, to the gaylord boxes that are lined up along one Wall of the residential garbage drop-off floor. Curbside glass and ONP are delivered to roll-offs located in the bi-level drop area; curbside cans, plastic, and corrugated are delivered to the outdoor bunkers. 4. ACCOMPLISHMENTS/NEW ISSUES a) The 19S6 period saw several significant and unique developments that contribute towards the MSW management goals set out in the SWMP. 1 ) Acquisition of Yard Waste Processin,q Equipment. tn anticipation of rgceiving ultimate approval of the Town's compost plan, the District acquired the necessary equipment to process and compost all of the yard waste currently generated within the Town. 2) Enhancement of Source-Separation Recyclinq Pro.qram The Town adopted a design concept for a new transfer station that reinforces its ability to handle existing source-separated recyclables from both self-haulers and carters, and which provides for future expansion of the source-separation program. This demonstrates the Town's commitment to source-separation as the operating principle behind all of its recycling efforts, and as the means to achieving the recycling rates envisioned in the SWMP. Southold is unique in this regard. 3) Addition of Polystyrene to Source-Separated Recyclinq Program. Southold became the first Town on Long Island to initiate a Town-wide polystyrene recycling program by participating in a pilot-project sponsored by the American Plastics Council (APC) and the County of Suffolk. Starting in May 1996, the recycling center collected and shipped to a Long Island vendor 3 grades of polystyrene (~ plastic). Approximately 2 tons of this extremely light material (600 cu. Yds) were collected and moved. One of the grades, packaging 'peanuts," were delivered directly to package shipping outlets for re-use. 4) "Cans for Kids" Proqram. The Town initiated a drop-off program to collect 5¢ deposit aluminum beverage cans for use by a local youth environmental organization. We estimate approximately $15,000 worth of these cans are delivered to the recycling center each year. The Town solicited and received the cooperation of local beverage distributors and sales outlets to accept cans delivered by youth group members who will use the income to fund group activities, which include nature area cleanups, ecosystem study sessions, and recreational camping and field trips. The drop off facility is designed to keep cans sorted into the required brand-name groupings, thus making it easier for the group to redeem them. b) Issues with a potential effect on MSW haul and disPosal arrangements are listed below. Item Issue New Transfer Station Town plans to construct a new facility for receiving and transferring waste and recyctables adjacent to the existing transfer station. A conceptual design has been approved. Engineering specifications for the new station will be completed by early summer and submitted to the Town for approval and permit application to the DEC. Construction is expected to begin late in 1997. Existing loading patterns will be changed to accommodate construction activities. The Town will work with the contractor in advance to address any changes in loading arrangements, including any effects on the location where long-haul trailers are to be staged for loading or the time or days of week available for loading. · Permit for Full Scale Yard Waste Compost Facility DEC approval of plan submitted in 1995. (May depend on ultimate approval of Closure Plan). Town continues with previously approved small-scale composting program as well as volume reduction of excess yard waste (shredding and chipping) for give-away program or use on~site as ground cover or slope-stabilizing medium. · Capping and Closure of Landfill The Town is planning to begin capping and closure operations of the now inactive landfill (which is adjacent to the transfer station) within the next two years. This activity may have minor impacts on SW transfer operations due to increased traffic at the site or occasional diversion of resources to activities other than loading MSW. The Town will notify the contractor in advance if it appears that such impacts may result in delayed or postponed loading operations. evw~ranf ~ PPFNDI'~ F · · · · · APPENDIX E $50.00 non-refundable fee to o~ai~ specifications (no postage) // BID - CONSTRUCTION & DEMOLITION (C&D) HAUL DISPOSAL SERVICES BID OPENING: 1:00 P.M., Thursday, May 22, 1997 4/28 4/29 2. 4/3O 3. 4/30 4. 1. Trinity Transportation Corp.,1114 Adler Street, West Babylon, NY 11704 r, John Whitton 342-9673 fax 342-9676 ~.~z~ Waste Management of New York, 123 Varick Avenue, Brooklyn, NY 11237 Lisiane Mahe 718-386-7900 Planet Waste Management, 45B Sea Cliff Ave., Glen Cove, NY 11542 516-671-7394 Gregory P. Oro JBH Transport, Inc., 82A Old Dock Rd., Yaphank, NY 11980-924-6347-fax 345-66,r 5/5 5. 5/7~ 5/9 7. 8. JCS Enterprises, Inc. 55 New Street, Oceanside, NY 11572 516-763-9:130~ ~- ~/ Residenial Services, 300 East Shore Road, Great Neck, NY 516-627-0711 Fax 487-1396 DEMO Busters Haulage, Inc., Moriches Middle Island Road, Stanley Morabito 874-2244 Att:Jack Stuart 11023 Robert Donno PO Box 554, Moriches,I 11955 10. 11. 12. RECEIVED MAY 1; 1997 Southold Town Clerk ALTA RECYCLING LLC DEMOLITION & WASTE SERVICES May 12, 1997 Town of Southhold 53095 Main Road Southhold NY 11971 RE: File No. 152665 Construction & Demolition Debris Haul Disposal Services Bid Closes: 05-22-97 To Whom It May Concern: Our company is interested in bidding the above referenced contract as a prime contractor. I have enclosed a check for $50.00 for plans and specifications. Please send the documents to my attention at the following address: Alta Recycling LLC 60 Ganesvoort Street New York, N.Y. 10014 I can be reached at (212) 255-3535, should you require additional information Sincerely, Alta Recycling, LLC Melissa Cutler 60 GANSEVOORT STREET, NEW YORK, NY 10014 212-255-3535 FAX: 212-255-1211 April 29, 1997 RECEIVED APR 1997 Southold Town C~r~ Town of Southold Judith Terry, Town Clerk 53095 Main Road South. hold, N.Y. 11971 Dear Ms. Judith Terry, Enclosed please find a deposit in the amount of $ 100.00 to cover the cost of Bid specs on the following two (2) Bids: -CONSTRUCTION & DEMOLITION DEBRIS HAUL-DISPOSAL SERVICES -SOLID WASTE HAULoD1SPOSAL SERVICES For your convenience please feel free to use our Federal Express account # 1245-1798-2 when fowarding this information to us. I would appreciate your prompt attention to this matter. Sincerely, /~/~' Sales Manager GPO/ck 123 Vaflck Avenue Brooklyn, New York 11237 Phone 718/386.7900 Fax 71~628.7090 A Wasle Management Company April 28, 1997 Tom of Southold 53095 Main Road Southold, NY 11971 RE: Bids Dear Town Clerk: WM of New York, Inc. is interested in receiving a copy of two bids that is out: 1) Solid waste haul disposal services a check in the amount of $ 50.00 is enclosed 2) Construction & Demolition debris haul disposal services a check in the amount orS 50.00 is also enclosed also enclosed is a copy of our fedex form if you can kindly send this out at our expense. division of WM of New York, }nc. LEGAL NOTICE NOTICE TO BIDDE~ CONSTRUCTION & DEMOLITION (C&D) HAUL-DISPOSAL SERVICES The Town of Southold will receive sealed bids for Construction and Demolition Debris HauI-Dlspo~l Services until the time and at the lo- cation herein specified which will then he opened and publicly read aloud: PLACE: Office of the Town Clerk 'Southold.Town Hall 53095 Main Road Southold, New York 11971 (516) 765-1800 DATE: Thursday, May 22, 1997 TIME: 1:00 P.M. EDST (I.ATE 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 construction and demolition debris and disposing of construction and demolition debris at the Contractor's Construction and Demolition Debris Disposal Site. The term of this Agreement shall be three (3} ycnes commencing on July 10, 1997. The Town, at its sole discretion, shall have the option of renewing the Agreement for two (2) additional one (1) year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the Bids must be made in writing on the forms furnished and shall be ac- compenied 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 re- quired 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 I~cal, 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 sched- uled time for the opening of bids. The Town reserves the fight to reject any and all bids and to waive in- formalities, should this action be in the best interest of the Town of Southold. Bid Solicitation containing sub- mission requirements, instructions, technical specifications, and bidding forms may be examined free of charge at the following location on weekdays from 8:00 A.M. to 4:00 EM.: Offic~ of the Town Clerk Southold Town Hall 53095 Main Road Sour, New York 11971 Upon payment of a non-refundable fifty dollar ($50,00) fee Bid Solidta- don 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 ques- tions regarding the Bid Solicit$11oa dating a pre-bid conference to be held at 10:00 A.M., Monday, May 12, 199'7 at: Soethold Town Hall 53095 Main Road 8~athold, New York 5.1971 All bidders are encouraged Io in. spe~ the Southold Town Transfer ~ prior to the bid conf~. Al~tmcnts to do so may be ndlad- uled by calling James Bunchuclt at (516) 734-7685. further information regarding Fo~ bidding requirements, contact Judith Terry (516) 765-1800. For information regarding Town of Southold waste pro- gram aad haul-disposal operations, contact James Bunchuck (516) 734- 7685. Dated: April 5., 1997. JUDITH T. TERRY SOUTHOLD TOWN CLERK 8951-1TMA24 STATE OF NEW YORK) ) SS: of Mattituck. in said County. being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES. a Weekly Newspaper. published at Mattituck. in the Town of Southold. County of Suffolk and State of New York. and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for ~ weeks s]t,cc_essively. ~ommencing on thcZq dayof~ 19~. Principal Clerk STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of $outhold, New York, being duly sworn, says that on the 17th day of April 1997, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971. Legal Notice, Notice to Bidders, Construction & Demolition (C&D) Haul- Disposal Services, bid opening 1:00 P.M., Thursday, May 22, 1997, Southold Town Clerk's Office. Sworn to before me this 10th day of April 1997. Notary Public Judith T. Terry Southold Town Clerk JOYCE M. WILKIN8 Notary Public, State of New ~or. 4952246, Suffolk County rm Cq:~ires June 12, 19 ~ LEGAL NOTICE NOTICE TO BIDDERS CONSTRUCTION & DEMOLITION (C&D) HAUL-DISPOSAL SERVICES The Town of Southold will receive sealed bids for Construction and Demolition Debris Haul-Disposal Services until the time and at the location herein specified which will then be opened and publicly read aloud: PLACE: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 (516)765-1800 DATE: Thursday. May 22, 1997 TIME: 1:00 P.M. EDST (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 construction and demolition debris and disposing of construction and demolition debris at the Contractor's Construction and Demolition Debris Disposal Site. The term of this Agreement shall be three (3) years commencing on July 10, 1997. The Town, at its sole discretion, shall have the option of renewing the Agreement for two (2) additional one (1) year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term. 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. The 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 th e scheduled time for the opening of bids. The Town reserves the right to reject any and all bids and to waive informalities, should this action be in the best interest of the Town of Southold. Page 2 - C&DQuI-Disposal Services Bid Solicitation containing submission requirements, instructions, technical specifications, and bidding forms may be examined free of charge and at the following location on weekdays from 8:00 A.M. to 4:00 P.M.: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Upon payment of a non-refundable fifty dollar ($50.00) fee 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 Solicitations during a pre-bid conference to be held at 10:00 A.M., Monday, May 12, 1997 at: Southold Town Hall 53095 Main Road Southold, New York 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 (516)734-7685. For further information regarding bidding requirements, contact Judith Terry (516)765-1800. For program and haul-disposal 7685. Dated: April 1, 1997. information regarding Town of Southold waste operations, contact James Bunchuck (516)734- JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON API~II_ 2~1, 1997, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Solid Waste Coordinator Bunchuck Dodge Reprts Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board BIDDER'S SOLICITATION CONSTRUCTION MATERIAL AND/OR DEMOLITION DEBRIS (C & D) HAUL AND DISPOSAL SERVICES AGREEMENT DOCUMENTS TOWN OF SOUTHOLD STATE OF NEW YORK TOWN OF $OUTHOLD Prepared by: Solid Waste Task Force Technical Committee 53095 Main Road Southold, NY 11971 May, 1997 NOTICE TO BIDDERS CONSTRUCTION & DEMOLITION DEBRIS (C&D) HAUL-DISPOSAL SERVICES The Town of Southold will receive sealed bids for construction and demolition debris haul-disposal services until the time and at the location herein specified which will then be opened and publicly read aloud; PLACE: Office Of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 (516) 765-1800 DATE: Thursday, May 22, 1997 TIME: 1:00 P.M. EDST (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 construction and debris and disposing construction & demolition debris at the Contractor's Construction & Demolition Debris Disposal Site. The term of this Agreement shall be three (3) years commencing on July 10, 1997. The Town, at its sole discretion, shall have the option of renewing the Agreement for two additional one year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term. Bids must be made in writing on the forms furnished and shall be accompanied by a Bid Guaranty in the Form of certified check, money order, bank draft or standard form letter of credit made payable to Town of Southold, or bid bond, in the sum of one hundred thousand dollars ($100,000.00) wherein the named obligee shall be the Town of Southold. The successful Bidder shall be required to furnish a performance Bond, and insurance in accordance with the instructions in the Bid Solicitation. The bid 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 informalities1 should this action be in the best interest of the Town of Southold. Bid Solicitation containing submission requirements, instructions, technical specifications, and bidding forms may be examined free of charge and at the following location on weekdays from 8:00 A.M. to 4:00 P.M.: Office Of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Upon payment of non-refundable fifty dollars ($50.00) Bid Solicitation may be picked up at: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Bidders will be allowed to ask questions regarding the Bid Solicitation during a pre-bid conference to be held at 10:00 A.M., Monday, May 12, 1997 at: Southold Town Hall 53095 Main Road Southold, New York 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 (516) 734-7685. Judith T. Terry Town Clerk For further information regarding bidding requirements, contact Judith T. Terry (516) 765-1800. For information regarding Town Of Southold waste program and haul- disposal operations, contact James Bunchuck (516) 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 Information 50 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 100 Selection Of Contractor 11.0 Acceptance of Bid 12.0 Assignment 13.0 Limitation Of Funds Available 14.0 Insurance and Bonds 14.1 Insurance 14.2 Bonds 15.0 Indemnity (Hold Harmless) 16.0 Payments 17.0 Default 18.0 Term of Agreement 19.0 Service Agreement 20.0 Subcontracts 21,0 Rights and Options SECTION B - BID SPECIFICATION 1.0 Requirements 2.0 Program Goals and Objectives 3.0 Potential Regulatory and Operational Changes 4.0 Character Of The Construction and debris 4.1 Quality and Characteristics 5.0 Program Activities 5.1 Collection 7 10 11 11 12 13 13 14 15 15 15 15 16 16 16 17 17 18 18 18 19 19 19 20 21 21 22 22 22 22 23 24 25 26 26 26 27 27 27 5.2 Loading Mode 5.3 Town of Southold Accident and Damage Policy 5.4 NYSDEC Part 360 Permit to Operate 6.0 Haul Services 6.1 Work Included 6.2 Equipment 6.3 Weighings 6.4 Routing Mode - Contractor's Responsibility 7.0 Disposal Services Program Activities 7.1 Work Included 7.2 Operational Capacity 7.3 Permit Requirements 7.3.1 Disposal Sites Inside State Of New York 7.3.2 Disposal Sites Outside State of New York 7.4 Weighings 8.0 Safety and Health Regulations 9.0 Operations and Procedures 9.1 Supporting Data SECTION C - TOWN OF SOUTHOLD CONSTRUCTION AND DEBRIS HAUL/DISPOSAL SERVICES 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 Information Schedule A Information Schedule B Information Schedule C Information Schedule D Information Schedule E Information Schedule F Information Schedule G Information Schedule H Information Schedule I Information Schedule J Information Schedule K Information Schedule L Information Schedule M 28 28 28 29 29 29 30 30 31 31 31 31 32 33 33 34 35 35 37 38 38 42 42 43 44 44 SECTION D -APPENDICES Appendix A Sample Operating Agreement Appendix B New York State Department of Environmental Conservation Permit Appendix C Accident Report Appendix D Town of Southold SWMP (Executive Summary) Appendix E Town of Southold Overview of Transfer Station Operations GLOSSARY OF TERMS ADMINISTRATOR - Shall mean the Coordinator of construction and demolition debris (or his agent) Of the Town of Southold, New York. AGREEMENT - Shall mean a Form operating agreement set forth by the Town and resulting from this Bid Solicitation between the Town of Southold and the successful Bidder to be executed in 1997. AGREEMENT DOCt IMENTS - 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. ]'he Agreement Documents will Form a part of the Agreement. AGREEMENT YEAR - Shall mean the period from July 10, of a calendar year to July 9, of the next calendar year. BIDDER - Shall mean any party or parties submitting in proper form a bid to perform the work as specified in the Agreement Documents. The successful Bidder selected by the Town to perform the specified work will thereafter be known as the Contractor. BID PRICE - Shall mean the unit cost to determine the ranking of bidders. BID SOLICITATION - Shall mean this document, specifications, and any bid addenda issued. COMMENCEMENT DATE - Shall mean July 10, 1997. CONSTRUCTION MATERIALS AND/OR DEMOLITION DEBRIS (C&D) - Shall mean solid waste resulting from the construction, renovation, equipping, remodeling, repair and demolition of structures and roads. Such waste includes, but is not limited to, bricks, concrete and other masonry materials, soil, rock, wood, wall coverings, plaster, drywall, non-asbestos insulation and roofing shingles. CONSTRUCTION MATERIALS AND/OR DEMOLITION DEBRIS (C&D) DISPOSAL SITES - Shall mean any site designated by the Contractor where construction and demolition debris is disposed of in a manner that minimizes environmental hazards and is permitted under the design and operation requirements of 6 NYCRR Part 360 or alternatively outside the State of New York, is permitted under design and operation requirements meeting the requirements of 1) that jurisdiction's applicable regulatory agency and 2) Town of Southold's minimum standards. GLOSSARY o 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, or the heirs, executors, administrators, agents, or successors thereof. COORDINATOR - Shall mean the coordinator of construction and demolition debris for the Town of Southold. COUNTY - Shall mean Suffolk County, State Of New York. DAILY - Sunday to Saturday, inclusive. EPA - Environmental Protection Agency (Federal). HAUL-DISPOSAL SERVICES UNIT PRICE - Shall mean the Contractor's compensation in dollars for each ton of construction and demolition debris actually hauled from the Town Of Southold Transfer Station to the Contractor-Designated Disposal Site and disposed of at the Contractor-Designated Disposal Site. HAZARDOUS WASTE - Shall mean (1) any "hazardous waste" as defined under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., or "hazardous substance" as defined under the comprehensive Environmental Response, Compensation, and Liability Act, 42 USC. 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 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 OWNER - Shall mean the Town Of Southold, New York. Also may be referred to as the Town. PERMIT - Shall mean any and all permits, licenses, approvals, certificates of public convenience and necessity, Franchises or authorizations which must be issued by any Governmental Body having jurisdiction thereof to legally enable the Contractor to transport and/or dispose Of construction and demolition debris. PERMITTEE - Shall mean any person issued a valid permit to haul construction and demolition debris or to construct, establish, maintain or operate a construction and demolition debris Disposal Site. RCRA - Resource Conservation Recovery Act (Federal). SOLID WASTE - Shall mean all putrescible and non-putrescible materials or substances, including but not limited to garbage, refuse, rubbish, ashes, agricultural wastes, and offal. (Solid Waste does not include C&D waste, recyclables, hazardous, or infectious waste). SOLID WASTE DISPOSAL SITE(S) - Shall mean any site designated by the Contractor where solid waste is disposed of in a manner that minimizes environmental hazards and Is permitted under the design and operation requirements of 6 NYCRR Part 360 - Solid Waste Management Facilities, or alternatively outside of the State of New York, is permitted under design and operation requirements meeting the requirements of 1 ) that jurisdiction's applicable regulatory agency and 2) Town of Southold's minimum standards. Also may be referred to as Disposal Site(s). SUBCONTRACTOR - Shall mean an individual, firm or corporation having a direct contract with the Contractor for services, equipment, materials and/or labor. GLOSSARY-3 SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS AND AWARD BASIS 1.0 PROJECT PURPOSE The Town of Southold expects that it will receive and need to dispose of approximately 5,000 tons of construction material and/or demolition debris during the agreement year. It is possible that the Town of Southold will contract with another town to receive and dispose of their construction material and/or demolition debris. If this happens the quantity of wastes to be hauled and disposed of under this Agreement will increase. This Bid Solicitation will ensure Town of Southold's construction and debris will continue to be 1 ) hauled From the Town of Southold Transfer Station to Disposal Site(s) and 2) disposed of at permitted Disposal Site(s). 2.O 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 May 12, 1997 Bid Opening May 22, 1997 Town Board Approval June 3, 1997 Agreement Executed On or Before June 25, 1997 Operations Commencement July 10, 1997 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 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, performance or furnishing of the work; (f) study and carefully correlate the Bidder's observations with the Agreement Documents; and (g) notify the Town Clerk of all conflicts, errors or discrepancies in the Agreement Documents. Reference is made to the following Appendices which contain supplemental information which is attached to and made part of the Agreement Documents: AppendixA: Sample Operating Agreement Appendix B: NYSDEC Part 360 Operating Permit Appendix C: Town of Southold Accident Report Reference is made to the following Appendices which contain supplemental information which is attached to the Agreement Documents solely for the convenience of bidders: Appendix D: Solid Waste Management Plan Summary Appendix E: 1996 Cumulative Waste Summary Reference is made to the Following information which is available for review by Bidders at the Town Clerk's Office during normal business hours - 8:00 P.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 form their own conclusions and opinions from this information and shall confirm any information 12 contained therein regarding facilities and equipment through site visits. The Town does not guarantee the accuracy of any information 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 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. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Bid Solicitation, that without exception the Bid is premised upon performing and furnishing the work required by the Agreement Documents, and that the Agreement Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performing and furnishing the work. Bidders will be allowed to ask questions regarding the Bid Documents during the pre-bid conference to be held at: Town Hall 53095 Main Road Southold, New York 11971 May 12, 1997 at 10:00 A.M. 4.0 INFORMATION TO BE SUBMI'I-I'ED WITH PROPOSAL 4.1 Contractual Bid For the purpose of assisting the Town in determining the responsible Bidders for this Bid Solicitation, the Bidder is required to submit the following minimum information with his bid: i. Contractor Bid Form ii. Bid Security or Bid Bond iii. Information Schedules A through M as applicable iv. Supplemental Information as described in 4.2 13 4.2 Supplemental Information In addition to the aforementioned forms, the Bidder is required to submit the following supplemental information with his bid: Operational Plan: A plan describing the Bidder's assessment of the requested operation set forth in Exhibit M. This section shall be divided into the following subsections: o ~.aul 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. o Disposal A detailed summary of requirements of site capacity, useful life, hours and days of the week, operation, etc., shall be included to provide the Town with general anticipated guidelines for performance under the Agreement. A copy of the current Permits to Construct and Permits to Operate shall be included. If the Construction and debris Disposal Site is located outside the State of New York, a copy of the current applicable laws and regulations governing the design, construction and operation of the Disposal Site shall additionally be included. 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 Disposal Sites. 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 number or identity of such subcontractor(s), the proposed change must be submitted to the Town for approval. No such change shall be made without the Town's approval. In addition, it is the policy of the Town of Southold to encourage the participation of Minority Business Enterprises (MBE's) and Women- Owned Business Enterprises (WBE's) on Town projects. For this reason, the Agreement will require Contractor to use its best efforts to include among its subcontractors MBE and WBE firms. In the event the successful Bidder intends to subcontract in excess of twenty-five percent (25%) of the work, the Bidder will be required to submit to the Town an MBENVBE Utilization Plan acceptable to the Town prior to the Town's execution of the Agreement. iv. Disposal Site Subcontractor: In the event the Bidder does not own the Disposal Site identified in its Bid, the Bidder shall furnish a statement, signed by an authorized representative of the Disposal Site, which provides for Bidder's use of the site pursuant to this Bid Solicitation in accordance with the Agreement Documents. THE SUPPLEMENTAL INFORMATION REQUIREMENTS MAY BE SATISFIED BY INCLUDING A REFERENCE TO AN INFORMATION SCHEDULE (A-M) IF THE SCHEDULE PROVIDES THE INFORMATION REQUESTED AND IS INCLUDED IN THE BID. 5.0 BID FORMAT 5.1 Binding The document(s) if bound shall be in a manner that will provide for easy evaluation access (to lie 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. 5.2 Form Prepa~tion Bids shall be submitted in the form described in this Bid Solicitation. All blank spaces for bid prices shall be properly filled in, in ink or typed, in both words and numerals for all bid categories required. In the event a price shown in words and its equivalent shown in figures do not agree, the written words shall be binding on the Bidder. BIDS SHALL NOT BE QUALIFIED, MODIFIED, LIMITED OR RESTRICTED IN ANY WAY. In the event a specification is not applicable, it shall be so indicated. Incomplete bids may not be considered, depending on the nature of the missing information. 6.0 SUBMISSION Of BID Each Bidder shall submit six (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 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: 15 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 successful Bidder. 8.0 EXECUTION OF AGREEMENT, FURNISHING OF BONDS The successful Bidder, or its legally authorized representative, shall be required to appear in person within ten (10) days of the Notice of Award by the Town at the place and time designated by the Town to execute the Agreement and other Agreement Documents for Haul/disposal services. The successful Bidder shall, at its own cost and expense, procure, execute and deliver to the Town the following documents within ten (10) days of formal Notice of Award by the Town. Performance Bond - A Performance Bond shall be in an amount of one million dollars ($1,000,000.00). 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. 9.0 CONSIDERATION OF BIDS The Town of Southold reserves the right to reject any/or all bids for haul and disposal services if such action is deemed to be in the best interests of the Town. To be considered responsive to this Bid Solicitation, each Bidder shall: 17 A. Provide equipment, labor, maintenance and management services to haul and dispose of construction and debris from the Town of Southold Transfer Station to Contractor designated Construction and debris Disposal Site(s) as set forth in Section B - Bid Specifications. B. Reserve and provide a minimum available 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 law to receive construction and debris at the designated Disposal Site(s). D. Provide evidence of physical and financial capability to perform services described in the bid specifications. 10.0 SELECTION OF CONTRACTOR Bids will be evaluated only if accompanied by the approved form of bid guaranty. Only bids solicited 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 Conservation Recovery Act and Federal Environmental Protection Agency guidelines will be accepted. The Town will review the bids and make a selection recommendation based on the evaluation criteria included in this Bid Solicitation or take such other action as it deems in its best interest. Any agreement awarded hereunder will be to the responsible Bidder whose Evaluation Unit Bid Price is the lowest. The Town of Southold reserves the right, in its sole discretion, to reject all bids submitted in response to this Bid Solicitation. 11.0 ACCEPTANCE OF BID The acceptance of a Bid will be a Notice of Award signed by a duly authorized representative of the Town, and no other act of the Town shall constitute the acceptance of a Bid. The acceptance of a Bid shall bind the successful Bidder to execute the Agreement and other Agreement Documents. 12.0 ASSIGNMENT The successful Bidder to whom any Agreement shall be let, granted, or awarded shall not assign, transfer, convey, sublet, or otherwise dispose of the Agreement or of his right, title, or interest therein or his power to execute such Agreement, to any person or corporation without the prior written consent of the Town. 18 13.0 LIMITATION OF FUNDS AVAILABLE The Contractor specifically agrees that any Agreement shall be deemed executory only to the extent of the funds appropriated for the purpose of the Agreement and that no liability shall be incurred by the Town beyond the funds appropriated on the date of execution of the Agreement by the Town for the said purpose. 14.0 INSURANCE AND BONDS 14.1 Insurance For the period 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 provided by companies licensed to do business in New York State and the state in which the Disposal Site(s) is (are) located. The Town of Southold and its agent shall be named as an additional insured and coverage shall not be changed or cancelled until thirty (30) days written notice has been given to the Town. Within ten (10) days of the Notice of Award, Contractor shall furnish to the Town, certificates of insurance, in a form satisfactory to the Town Attorney, evidencing such insurance. The kinds and amounts of insurance are as follows: A. Contractor's Insurance - Insurance for liability for damage imposed by law of kinds and in the amounts hereinafter provided covering all work under the Agreement, whether performed by Contractor or his subcontractors. The kinds and amounts of insurance are as follows: (1) Worker's Compensation Insurance -A Policy covering the operations of the Contractor in accordance with the provisions of Chapter 41 of the Laws of 1914 as amended, known as the Worker's Compensation Law, covering all operations Of the Contractor, whether performed by him or by his subcontractors. The Agreement shall be void and of no effect unless the person or corporation making or executing same shall secure compensation coverage for the benefit of, and keep insured during the life of said Agreement such employees in compliance with provisions of the Worker's Compensation Law. (2) General Liability (Comprehensive Form) Insurance - Contractor's liability insurance issued to and covering legal liability of the Contractor with respect to all work performed by him under the Agreement. The following insurance coverage shall be included: 19 of the Town of Southold. The standard form 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 Contractor's Disposal Site(s) operation. This obligation shall be ongoing, survive the term of the Agreement and include, but not be limited to, claims concerning non-sudden environmental impairments. The Bidder agrees to join in the commencement of any action or proceeding or in the defense of any action or proceeding which in the opinion of the Town constitutes actual or threatened interference or interruption with the Town's rights hereunder, including all necessary appeals which may be necessary, in the opinion of the Town. 16.0 PAYMENTS Contractor shall receive monthly payments for services performed during the prior calendar month upon submission of an invoice (with a Town voucher) that shall contain an itemized list of construction and debris haul trips from the Town of Southold Transfer Station including the tonnage of construction material and/or demolition debris and the manifest number for each load of construction and debris removed. Such payments shall be made within sixty (60) days of the Town's approval of Contractor's invoice. Contractor's monthly invoice shall include a daily summary of tonnage received by Contractor at the Transfer Station. The Town shall be entitled to deduct from any payment owing to Contractor any sums expended by the Town to cure any default or other non-compliance by Contractor. 17.0 DEFAULT In the event the Contractor fails to perform its obligations under the Agreement, the Town may terminate such Agreement, and the Town may procure the services from other sources and hold the Contractor responsible for any excess costs incurred and deduct from payments owing to the Contractor and/or draw upon the Performance Bond as full or partial reimbursement for such excess costs. The Town reserves the right to terminate the Agreement for just cause. 18.0 TERM OF AGREEMENT The term of this Agreement shall be three (3) years commencing on July 10, 1997. The Town, at its sole discretion, shall have the option of renewing the Agreement for two (2) additional one (1) year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term. 190 SERVICE AGREEMENT The Contractor shall be obligated to provide the Town with disposal services without regard to the permit status of its Disposal Site. In the event that Bidder wishes to submit a bid for a Disposal Site for which Bidder does not currently have all necessary federal and state permits, Bidder shall, at its sole risk and expense, be responsible for obtaining and/or renewing its permits or providing to the Town an alternate Construction and debris Disposal Site at no additional cost (disposal plus any additional hauling) to the Town. This is a full service Agreement and failure of the successful Bidder to provide the identified Disposal Site or acceptable alternative Disposal Site, on or after the commencement ~late for services under the Agreement Documents awarded hereunder shall constitute a breach of this Agreement. The Bidder accordingly shall not be excused from it obligations hereunder by reason of any failure to obtain or maintain its permits at the identified Disposal Site. 20.0 SUBCONTRACTS In the event Bidder does not own the Disposal Site identified in its bid prior to execution of the Agreement, Bidder shall: (1) furnish to the Town a copy of the signed Agreement between Bidder and the Disposal Site Contractor which provides for Bidder's use of the site pursuant to this Bid Solicitation in accordance with the Agreement Documents; 22 (2) require the Disposal Site Contractor to furnish to Contractor and the Town a performance bond guaranteeing the availability of the Disposal Site throughout the term of the Agreement; (3) require the certificates Contractor to provide insurance naming the Town as additional insureds on all policies maintained by Contractor. 21.0 RIGHTS AND OPTIONS The Town of Southold, New York, reserves and holds at its discretion the following rights and options upon issuing this Bid Solicitation: 1. To award an Agreement to the candidate whose bid is judged to be the lowest responsible bid pursuant to Section 103 of the General Municipal Law of the State of New York. 2. To reject any and/or all bids. 3. To issue subsequent bid solicitations. 4. To issue additional and subsequent solicitations for statements of qualifications, and conduct investigations or interviews with respect to the qualifications of each Bidder. 5. To designate another public body, private or public agency, group, or authority to act in its behalf for evaluation and Agreement negotiations. 6. To designate another public body, private or public agency, group, or authority to act in its behalf for contract administration of this project at any time during the Agreement period. 23 SECTION B BID SPECIFICATIONS (TECHNICAL/MANAGEMENT) SECTION B BID SPECIFICATIONS TECHNICAL/MANAGEMENT 1.0 REQUIREMENTS This request for bids is issued for the Town of Southold, State of New York, Town Hall, 53095 Main Road, Southold, New York, 11971 (Telephone (516) 765-1800) The effort, shall be known as the Town of Southold Construction Material and/or Demolition Debris Haul Disposal Service. The Town of Southold desires to issue an Agreement with a qualified Contractor to haul and dispose of a portion of its Construction and Debris. The Town will need to dispose of approximately 5,000 tons of construction and debris during the agreement years. The Contractor will ensure the Town that construction debris will continue to be; 1 ) hauled from the Town of Southold's transfer Station to disposal site(s), and; 2) disposed at permitted disposal site(s). The following general services are sought in this request: · HAUL Provide equipment, labor, maintenance, management and policies to operate a transportation system for hauling construction and debris from the Town of Southold transfer Station to Contractor designated disposal site(s) as set forth herein. Transportation equipment shall be in accordance with New York State Department of Transportation, Interstate Commerce Commission, United States Department of Transportation, as defined in the Code of Federal Regulations, or other applicable state and federal regulatory requirements. · Disposal Reserve capacity and provide equipment, labor, maintenance, management and policies to receive and dispose of construction and debris from the Town of Southold Transfer Station as set forth herein. The Contractor's New York State Construction and debris Disposal Site(s) must be in compliance with all State of New York Department Of Environmental Conservation's and U.S. Government's Regulatory requirements, e.g., 6 NYCRR Part 360, Resource Conservation Recovery Act (RCRA), Environmental Protection Agency - Subtitle D, et al. Disposal Sites outside New York State shall be permitted by applicable 2.0 3.0 4.0 local, state and Federal laws including RCRA and Subtitle D and regulations deemed by the Town to be no less protective of the environment than those outlined in this specification. Disposa~ alternatives that will be considered include land disposal, incineration, composting, etc., as long as they comply with regulatory requirements and environmental standards. PROGRAM GOALS AND OBJECTIVES The goal of this project is the continued safe and reliable hauling and disposal of the construction and demolition debris from the Town Of Southold Transfer Station at minimum cost to the citizenry. It is also the objective of the Town of Southold to ensure that the disposal operations proceed according to the provisions of this document and subsequent agreements/amendments are upheld. haul- POTENTIAL REGULATORY AND OPERATIONAL CHANGES During the term of the Agreement, there may be a number of regulatory and operational changes which may Affect the quantities and types of construction and debris received at the Town of Southold Transfer Station and delivered to the Disposal Site. This Agreement will not provide any guarantees with respect to the volume of waste to be hauled and/or disposed of by Contractor. The Town reserves the right to designate another public body, private or public agency, group or authority to act in its behalf for administration of the Agreement at any time during the term of Agreement. CHARACTER OF THE CONSTRUCTION AND DEBRIS The wastes which are to be hauled and disposed of under terms of this bid solicitation are to include typical municipal wastes from a rural community. This will include all wood, sheet rock, shingles, insulation, concrete, bricks, metal, and other items generated by the construction industry. It could also include items generated by renovation activities such as broken furniture, small appliances, carpets, and other like items, as allowed under 6 NYCRR Part 360. It should not include typical household garbage other than what might be generated by construction work crews at construction sites during coffee breaks, lunch breaks, etc. Nor should contraction material and/or demolition debris include any wastes covered by special waste permits such as pathogenic or hazardous materials, but the Town cannot guarantee 26 4.1 5.0 5.1 that the waste stream does not contain same. Special costs associated with handling non-compliance loads will be compensated under Forced Accounting (Appendix A-9). Quality and Characteristics The Town Of Southold's historical construction and debris quantities and characterization data are included in the Appendices. 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-complianca waste (hazardous, regulated medical or special wastes), the Contractor shall notify the Town and dispose of the noncompliance waste in accordance with local, state and Federal regulations. Compensation for such waste disposal services shall be provided for under Forced Accounting (Appendix A-9). The Town makes no specific representations in the foregoing disclosure. PROGRAM ACTIVITIES Collection The Town of Southold Transfer Station is open 7 days a week, except holidays, from 7:00 A.M. to 5:00 P.M. The Contractor will be expected to collect and remove construction and debris from the Transfer Station during the following hours: Monday through Friday 7:00 A.M. to 4:00 P.M., The Transfer Station is closed on the following holidays: New Year's Day Martin Luther King Day Lincoln's Birthday Presidents Day Easter Sunday Memorial Day Independence Day Labor Day Columbus Day Election Day Veterans Day 1/2 day before Thanksgiving Thanksgiving 1/2 day before Christmas Christmas 1/2 day before New Year's Day The Contractor must make transfer containers available for loading seven days a week, if requested, between 7:00 A.M. and 4:00 P.M. Removal of waste on Sundays is frequently not required during the winter months. 2? 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 Loading Mode The Contractor shall fully prepare transfer containers for loading, including assuring that container covers or empty containers are left open. Construction and Debris will be loaded by the Town at its Transfer Station using a front end wheel loader or backhoe. After loading, Contractor will bring transfer containers to the Town's truck scales for weighing to prevent overloading and to document haul and disposal tonnages. Contractor will then cover (tarp) his load prior to leaving the site. If required by any local, state or Federal regulations or law, the contractor shall line transport equipment with plastic prior to loading. This service shall be at the Contractor's expense and included in the unit price bid. 5.3 Town Of Southold Accident and Damage Policy The Contractor shall be required to prepare an Accident Report (See Appendix C) Of any accidents and/or damage that occur while performing services under the term of the Agreement. The Town of Southold shall immediately be notified of any major occurrences such as bodily injury of structural damage to the Town's Transfer Station. An Accident Report will be submitted to the Town within twenty-four (24) hours containing the date, time, location, and complete description of all incidents. The offending parts or representative/e thereof shall also be recorded and required to sign the accident/damage report prior to departing the Town of Southold Transfer Station. All accident and/or damage reports will be included in reports to the Town. 5.4 NYSDEC Part 360 Permit to Operate The Town Of Southold operates the Transfer Station under a New York State Department of Environmental Conservation (NYSDEC) Part 360 Permit to Operate. A copy of NYSDEC Permit is included as Appendix B. 28 6.0 HAUL SERVICES For Construction and Debris Haul-Disposal Services Agreement, the following services will include the tasks, responsibilities and performance required as outlined herein. 6.1 Work Included 6.0 The Contractor shall provide the following major essential services or equipment and any other nonspecified items, without limitations, to maintain a reliable haul services operation in a manner that will meet the needs of the Town of Southold. · Management and operation of a fleet to accommodate the transport of construction and debris from the Town transfer Station to Construction and Debris Disposal Site(s) in accordance with all local, state, and Federal regulations. · Financial liability and maintenance responsibility of transport equipment, i.e., dump trailers, transfer trailers bulk material containers, vehicles, personnel and services for open-top loading construction and debris hauling activities. · Coordination of haul services with disposal services. Equipment The Contractor shall provide reliable refuse handling and other essential ancillary equipment, along with personnel to operate and maintain a reliable haul services system in a manner that will satisfy the needs of the Town of Southold. The minimum level of haul services equipment acceptable to the Town to support the haul operation includes open-top trailers and bulk material containers. The Contractor will supply additional open-top trailers and containers, etc. The contractor must assure the Town that an adequate reserve supply of equipment exists to haul and dispose of the daily and seasonal construction and debris including unpredictable surges or delays due to inclement weather and that transport equipment storage requirements will meet the Town of Southold Transfer Station requirements. Each bidder is therefore responsible for familiarizing itself with the Town of Southold Transfer Station site, construction and debris, etc., to assure equipment compatibility. Transport equipment may be open-top bulk material containers, dump trailers, roll-off containers or opentop transfer trailers, provided that all such equipment 29 6.3 6.4 7.0 is suitable for convenient loading given existing configurations of the Town of Southold Transfer Station. Transport equipment shall be: 1) Registered with the State of New York Department of Motor Vehicles or equivalent agency; 2) designed to preclude spillage of waste; 3) loaded within their design capacity and New York State Department of Transportation regulations; 4) well maintained in good working order. Corroded, defective, bent, deformed or punctured trailers, roll-off boxes, or other containers of waste materials shall not be utilized at any time. Suitable covers shall be provided and used while transporting construction and debris in open-top transport equipment. The bidder shall clearly indicate the quantity and type of transport equipment/vehicles it plans to use, their availability date, state of repair, and that such units are compatible with the Town of Southold Transfer Station scales and New York State DOT regulations, United States Department of Transportation, as defined in the Code of Federal Regulations, or equivalent. The Contractor will promptly remove from use any transport equipment/vehicle that does not conform with these requirements and replace it with an acceptable unit. The Contractor shall maintain its own off-site maintenance shop facilities for servicing the transport equipmentand vehicle fleet, unless it elects to subcontract for these services. No major maintenance may be done at the Town of Southold Transfer Station site. Weighings The Town of Southold will provide certified weighing at the Town of Southold Transfer Station. The Contractor will accept these weights for invoicing purposes. All weights will be generated on current certified weigh scales. Routing Mode - Contractor's Responsibility Contractor will have the right to select the route(s) for travel from the Town of Southold transfer Station to the Disposal Site(s). Contractor warrants and guarantees that, in selecting and utilizing such route(s), Contractor will insure that it is not violating any applicable motor vehicle height (overpass clearance), motor vehicle weight restrictions, local ordinances or Interstate Commerce Commission regulations. Contractor will indemnify and hold the Town harmless from any claims, fines and other damages assessed upon or incurred by the Town as a result of any violations of applicable restrictions or regulations relating to the routes traveled by the Contractor. DISPOSAL SERVICES PROGRAM ACTIVITIES 3o For Construction and Debris Haul-Disposal Service Agreement, the following disposal services will include the tasks, responsibilities and performance requirements as outlined herein. 7.1 Work Included The Contractor shall provide the following major essential services or equipment and any other nonspecified items, without limitations, to maintain a reliable disposal services operation in a manner that will meet the needs of the Town Of Southold. · Liability insurance, performance and payment bonds. · Safety equipment. 7.2 Operational Capacity The bidder shall identify in its proposal, the following information: Disposal Site capacity. · Flexibility of Disposal Site capacity to allow for seasonal variances in waste generation and sufficient to permit service in the tonnages bid. · Hours and days of the week that the designated Disposal Site will be open for receiving construction and debris from the Town of Southold, including weekends, holidays and special closure periods. 7.3 Permit Requirements Throughout the term of Agreement that may result from this Bid solicitation, the Contractor must maintain all current and valid local, state and Federal permits, licenses, or other authorizations, (either temporary and permanent) which are required by law to receive construction and debris at any and all Disposal sites designated by the bidder. Because of the varying terms of Construction and Debris Disposal Site permits, it is possible that a permit will expire during the term of Agreement. The responsibility of obtaining and/or renewing a permit to operate is solely upon the Contractor. In the event a Contractor fails to maintain or obtain any necessary current and valid local, state and Federal permits, licenses, or other authorizations, allowing 31 7.3.1 the lawful use of its designated Disposal Site then the Contractor will be solely responsible for obtaining the utilization of an alternate Construction and Debris Disposal Site at no additional cost to the Town including any additional hauling cost because of the location of the alternate Disposal site. Under no circumstances shall such a change in Disposal Site or failure or inability to obtain permits by the Contractor be considered a change in conditions. In the event the Contractor is unable to find an alternate Disposal Site, it shall be deemed to be in default of the Agreement and liable for damages, bonds forfeitures and other expenses as provided in the Agreement. In the event the individual and/or entity submitting a bid in response to this bid solicitation is not the individual and/or entity named as the permit holder on any necessary current and valid local, state or federal permits, licenses or other authorizations, required by law to receive construction and debris at any disposal site designated by the bidder or any alternate disposal site, the bidder is required to provide satisfactory evidence to the Town of Southold of a binding contractual relationship between the bidder and the permit holder which provides the bidder with the irrevocable right to utilize the construction and debris disposal site during the term of Agreement, or portion thereof, in a manner which is in complete compliance with this bid solicitation and the bidder's bid submission. The agreement between the bidder and the permit holder shall include provisions that: 1. Provide Town with the right to discuss operational matters with the permit holder whenever necessary. Require the permit holder to comply with directives of the Town which are consistent with and pursuant to the Agreement which shall result from this bid solicitation. Disposal Sites Inside State of New York The Contractor's Construction and Debris Disposal Sites, if located within the State of New York, must be in compliance with all State of New York Department of Environmental Conservation's and U.S. Environmental Protection Agency regulators requirements, e.g., 6 NYCRR Part 360, Resource Conservation Recovery Act (RCRA), Environmental Protection Agency - Subtitle D, et al. The Construction and Debris Disposal Site must have valid construction and operating permits in accordance with all applicable laws in the jurisdiction in which it is located, it shall be permitted to accept Town of Southotd construction and debris without violating applicable law. It shall meet the design, construction and operating requirements of all applicable laws in the jurisdiction where the disposal site is operating. 32 7.3.2 7.4 Disposal alternatives that will be considered include land disposal, incineration, composting, etc., as long as they comply with all the above governing regulators requirements and environmental standards. The use of Construction and Debris Disposal Sites shall be subject to the approval of the Town of Southold based upon review of information submitted with the bid describing in detail the nature of the disposal process and other information reasonably requested by the Town. No Disposal Site shall be acceptable unless it poses no significant threat to the environment and its design, construction and operation complies with all applicable laws. Disposal Sites Outside State of New York The Contractor's Construction and Debris Disposal Sites, if located outside the State of New York must be in compliance with all the applicable local, state and Federal laws and regulations and U.S. Environmental Protection Agency regulatory requirements, e.g. Resource Conservation Recovery Act (RCRA), Environmental Protection Agency - Subtitle D, et al. The Construction and Debris Disposal Sites must have valid construction and operation permits in accordance with all applicable laws in the jurisdiction in which it is located. It shall be permitted to accept Town of Southold construction and debris without violating applicable law. It shall meet the design, construction and operating requirements of all applicable laws in the jurisdiction where the disposal site is operating. Bidder must clearly specify their intended disposal alternatives and support same with copies of appropriate experience, site location, permits, agreements et al., as outlined in this bid solicitation. The use of Construction and Debris Disposal Sites shall be subject to the approval of the Town of Southold based upon review of information submitted with the bid describing in detail the nature of the disposal process and other information reasonably requested by the Town. The Contractor shall be solely and completely Responsible for any and all liability relative to contractor's failure to dispose of construction and debris at an approved site. Weighings The Town will compensate the Contractor for waste material hauled and disposed of on a net tonnage basis (short tons = 2000 pounds). The certified weighings will be made at the Southold Town Transfer Station. The Disposal Site will accept these weights for invoicing purposes. All weights will be generated on current certified weigh scales. In the event of any dispute over differences in net weights between the Town and Disposal Sites scales and weight records, the Town may make payment 8.0 upon the weight it deems to be most correct, until the dispute is reconciled. Any claims for differences must be filed in writing within sixty (60) days of occurrence or the Town's calculation shall be deemed final and binding between the parties. SAFETY AND HEALTH REGULATIONS The Contractor shall comply with all current Federal Department of Labor, Safety and Health Regulations under the Occupational Safety and Health Act, 1972 (PL 91-596) and Section 107, Agreement Work Hours and Safety Standards Act (PL 91-54). Specific consideration shall be given, but not limited to, the following major areas: Maintenance safety procedures - guards and Shields on dynamic equipment, guards, railings, electrical lockouts, vehicle wheelblocks, audio vehicle backup alarms, vehicle wheel chocks, etc. b. Employee safety orientation, education, teaching, first-aid training, cardiopulmonary resuscitation, etc. c. Noise and dust control, ear protection, respirators, hard-hats, safety shields, glasses, protective clothing, sanitary facilities, etc., d. Fire and explosion preventions, control, equipment (fire blankets, extinguishers, first aid, hoses, etc.) and personnel escape alternatives. e. Traffic flow control patterns. f. Accident or injury reporting system (the Town shall received copies of all reports and immediate verbal notification). g. Employee health safeguards. h. Mechanic's lien safeguard against work interference. The Contractor shall comply with all local, state and Federal regulations, laws and statutes which apply to the work and to safety in particular. The Contractor shall comply with New York State Department of Labor current requirements. The Contractor shall be solely and completely responsible for operational safety during performance of the Agreement. The obligation exists twenty-four (24) hours a day, each and every day throughout the term of the Agreement. 34 The Town of Southold shall not have any responsibility for means, methods, sequences of techniques selected by the Contractor for safety precautions and programs, or for any failure to comply with laws, rules, regulations, ordinances, codes or orders applicable to the Contractor furnishing and performing the services under the terms of the Agreement. 9.0 OPERATIONS AND PROCEDURES The Contractor will be required, prior to commencement of operations, to provide the following operational plans to the Town for review and acceptance. Revisions, modifications, 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 and disposal operations. The bidder's means of assessing inclement weather conditions (weather and road conditions), method of reporting to the Town and the alternatives shall be described. 9.1 Supporting Data In the event the Town requires any information in support of Town held licenses and permits at the Town, County, State and Federal level, the Contractor will be required to furnish all licenses, permits and inspection reports regarding equipment and disposal sites which may be required by Town, County, State or Federal law. 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. 35 Operating (hauling and disposal) records shall be considered essential to the operation. The Contractor shall keep these data in an organized fashion that allows for easy retrieval and analysis. The Town, or its designee, may upon 24 hours notice inspect the contractor's records. Such records shall he kept, available by Contractor for a period of two (2) years after termination of this Agreement. In the event the Town requires additional information for reporting purposes, the Contractor will supply same. The Town, or its designee, may call upon the Contractor at anytime for an oral review of any technical matter. The Contractor shall file and update the following information as specified herein. Items Haul Equipment (Schedule H) Haul Accident Report (Appendix C) Disposal Accident Reports Licenses, Permits and Inspection Reports Part 360 Permit All Bid Information Schedules Due as changes occur on occurrence on occurrence on occurrence as changes occur as changes occur 36 SECTION C CONTRACTOR BID FORM 3'7 SECTION C TOWN OF SOUTHOLD CONSTRUCTION MATERIAL AND/OR DEMOLITION DEBRIS SERVICES CONTRACTOR BID FORM 1.0 INTENT The undersigned hereby recognizes that these documents are complementary and are intended to provide for uniformity in bid evaluations. The formal Agreements resulting from this Bid Solicitation shall be in a form provided by the Town. These documents are intended to depict complete Construction and Debris Haul-Disposal Services Agreement and therefore any discrepancies contained in the documents, of the omission from the documents of express reference to any work which obviously was intended under the Agreement, shall not excuse or relieve the Bidder from furnishing the same. No oral statement shall in any manner or degree modify of otherwise affect the terms of the Agreement. Work or materials described in words which have a well known technical or trade meaning, shall be interpreted by such meaning. 2.0 GENERAL BID STATEMENT TO: TOWN OF SOUTHOLD STATE OF NEW YORK 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 Gentlemen: The undersigned Bidder has carefully examined the forms and content of the Bid Solicitation, including notice to bidders, bid bond, sample operating agreement, performance bond, certificates of insurance, general conditions, bid specifications, and addenda, has familiarized itself with the sites of work, and hereby proposes to furnish all necessary services, permits, labor, materials, equipment, vehicles, and tools required to perform and complete the work in strict accordance with all of the bid documents written by or on behalf of the Town of Southold for this project. 38 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. The Undersigned Bidder also agrees as follows: FIRST: If this bid is accepted, to execute the Agreement and furnish to the Town a satisfactory performance bond, and insurance all within ten (10) calendar days. SECOND: To begin Construction and Debris Haul-Disposal services operations on the commencement date of any Agreement awarded hereunder, having completed all necessary prior preparations of operational planning, personnel hiring, equipment procurement, subcontractor contractual agreements, and ancillary facilities, etc., to assure a smooth and orderly acceptance of these duties. THIRD: To pay the Town any and all damages it may incur as a result of the Contractor's failure to perform all acts necessary to the execution of the Agreement as provided in the Bid Solicitation. It is recognized and agreed that the Town has the unconditional right to utilize the funds provided by the bid bond posted by the Bidder as a means of obtaining indemnification or, payment of such damages. FOURTH: During the performance of this Agreement, the Contractor hereby agrees as follows: The Contractor shall not discriminate against any employee or applicant for employment because of age, race, creed, color, sex, marital status, national origin, physical disability, and shall take affirmative action to ensure that they are afforded equal employment opportunities without discrimination because of age, race, creed, color-, sex, 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 39 Commission for Human Rights, the Attorney General, and the Industrial Commissioner for purposes of investigation to ascertain compliance with these nondiscrimination clauses and such sections of the Executive Law and Civil Rights Law. This Agreement may be forthwith cancelled, terminated, or suspended, in whole or in part, by the Town upon the basis of a finding made by the State Commission for Human Rights that the Contractor has not complied with these nondiscrimination clauses, and the Contractor may be declared ineligible for future Agreements made by or on behalf of the state or public authority or agency of the state, until he satisfies to the State Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these nondiscrimination clauses. Such findings shall be made by the State Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these nondiscrimination clauses and after verified complaint has been filed with the Commission, notice thereof has been given to the Contractor, and an opportunity has been afforded to him to be heard publicly before three members of the Commission. Such sanctions may be imposed and remedies invoked independently or in addition to sanctions and remedies otherwise provided by law. No laborer, workman or mechanic in the employ of the Contractor or subcontractor shall be permitted or required to work more than eight hours in any one calendar day, or more than five days in any one week except as otherwise provided in Labor Code Section 220. The Contractor shall include the provisions of clauses (a) through (e) in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within the State of New York. The Contractor will take such action in enforcing such provisions of such subcontract or purchase order as the Town may direct, including sanctions and remedies. FIFTH: By submission of this bid, the Bidder and each person signing on behalf of any Bidder certifies, and in case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury that to the best of his knowledge and 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. 40 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 aforesaid conditions, to complete operations of the aforementioned Construction and Debris Haul-Disposal Services operations in accordance with the Bid Solicitation requirements, which requirements are a part of this response, and that it or they will accept in full compensation therefore, the compensation provided for in Section C-3. The undersigned submits herewith a bid guaranty within the form provided by the applicable bid documents in the amount of $100,000.00 for any option or combination thereof. In the event this proposal is accepted, and the undersigned fails, within ten (10) calendar days after date of receipt of Notice Of Award from the Town to execute and deliver an Agreement in the form provided by the Town or fails to execute and deliver evidence of proper insurance coverage and performance bond in the amounts required and in the prescribed form within ten (10) days after Notice of Award, the bid guaranty shall be forfeited and be retained by the Town toward the satisfaction of liquidated damages and not as a penalty. Otherwise, the total amount of bid guaranty liquidated will be returned to the Bidder. The undersigned acknowledges the receipt of the following addenda, but it agrees that it is bound by all addenda whether or not listed herein and whether or not actually received, it being the Bidder's responsibility to receive and have knowledge of all addenda. ADDENDUM NUMBER AND DATES Number 1 - Dated: Number 2 - Dated: Number 3 - Dated: Number 4 - Dated: Number 5 - Dated: 5 The Bidder has completed the Contract Bid Form and Unit Price Schedules in both words and numerals in accordance with these bid requirements. 3.0 UNIT PRICE BID SCHEDULE CONSTRUCTION AND DEBRIS HAUL-DISPOSAL SERVICES SOUTHOLD TOWN, NEW YORK 3.1 COMPENSATION The undersigned hereby submits the following price bid to furnish Construction and Debris Haul-Disposal Services, to Southold Town, New York for the terms July 10, 1997 through July 9, 2002. HAUL-DISPOSAL SERVICES The Haul-Disposal Service applicable unit price per ton for agreement year 1997-1998 is dollars and cents ($ ). (C1) The Haul-Disposal Service applicable unit price per ton for agreement year 1998-1999 is dollars and cents ($ ). (C2) 4') The Haul-Disposal Service applicable unit price per ton for agreement year 1999-2000 is cents ($. dollars and ). (C3) The Haul-Disposal Service applicable unit price per ton for agreement year 2000-2001 is cents ($ dollars and ). (c4) The Haul-Disposal Service applicable unit price per ton for agreement year2001-2002is cents ($. ). (C5) 3.2 EVALUATION UNIT BID PRICE FORMULA Evaluation Unit Bid Price = (C1)5,000+(C2)5,000+(C3)5,000+.5(C4)5,000+.5(C5)5.000 20,000 tons dollars and 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: Firm-Corporation Address By: Authorized Representative Date 43 4.0 BID SECURITY ACKNOWLEDGMENT have attached the required bid security to this bid. 5.0 INFORMATION SCHEDULES I agree to furnish and include the following information schedules in addition to the information submitted with this proposal, as a part of this bid: Certification that the Bidder does not currently owe taxes, or other outstanding funds, or have pending or is currently involved in any litigation involving the Town of Southold, State of New York (Schedule A, attached hereto). 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). Identification of all currently registered parent bidding subsidiary corporate officers, and their addresses, and identification and certification of offices authorized to execute an Agreement on behalf of the firm (Schedule D, attached hereto). E. Detailed financial statement for the Bidder, and if applicable, for parent companies (Schedule E, attached hereto). F. Stater~ent 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). J. Information on Bidder's Construction and debris Disposal Site(s) (Schedule J, attached hereto). Form of Bid Bond (Schedule K, attached hereto). Dated: L. Performance Bond (Schedule L, attached hereto). M. Operation Plan (Schedule M, attached hereto). Name of Bidder: Address of Bidder: 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 individual or partnership) Names and addresses of all principals or partners C&D Haul - Disposal Services This Bidder herein certifies tha5 as a (~idder's ~ega~ name) Bidder, i~ does not curren~!W mwe deiinquen~ taxes or ocher outstanding ~unds, o? havin~ pending oF current!~ involved in ang !!cigar!on involvin~ the Town of Sow~hoid, Staum cf Ne~ York. Name of Bidder: NOTE: I~ blank ntt applicable, fill in with N/~ ~ bidder o~ee the Town taxes oc ~s ~nvo~ved ~n an~ ~itigac/on, a s~azemen~ of explanation ~ill be attached hereto. C&D Haul - ~isposal Services The fol!owimg is information on the undersigned Bidder's office locations: Bidder's Main O~ice Manager's Name (Con;acc) Persn~ ~irm's Legal Na~e Telephone Number Ac ..... LSCX Telephone Number The Bidder herein certifies :hat %he This ix owned Persnc Firm Paren~ Firm 8iOder Off,cs _oca~_~ s/Ou¢ .... sh_~ ..... OP~.-=) FORM Schedule 5.0,-- ==c=' i%--- ~ Name Oats: NO%e: blank not applicable, ~i!t IN?OR~AT'.'0N SCHEOULE C .-own of Southold Bid Project C&D Haul-Disposal Services This is identification that will be the Surety Company for the Bidder, on this project and that the named Surety Company herein provides written certification that the named Surety Company will provide the Performance Bond, specified in the Contract Oocuments, in ~he event the Bidder enters into an York. (L,S.) Principal Surety Company (Seal) By: iNFORmaTION ~CHEDUL.~ 0 Town of Southold Bid Project C&D Haul - Disposal Services The Bidder herein certiffies that the below named the current registered corporate officers, along execute an Agreement on behalf off the ffirm with their authoritg --.. 5ubsidiarg Corporate li:ls Citu ~tate, Zip. Subsidiar~ Corporate Title Address Citu State, Zip. State, Zip Officer's Nam~ Parent Corporate Tizle CitW State, Zip OffFicer'$ Name Subsidiaru Corporate Title Address State, Zip Officer's Name Parent Corporate Title Address Citg INFORMATION SCHEOULE 0 - (Continued) Officer's Name Officer's Name Subsidiary Parent Corporate Title Corporate Title City City State, Zip State, Zip Name of Bidoer: Seal NOTE: if blank nc% applicable, Fill in ........... c~ Sched~ls =.O.O E;~ (PROPOSAL) FORM ?-:~=- -- of 2 Town of Southold Bid Project C&D Haul- Disposal Services STATEMENT OF BIOOER'S FINANCIAL CON0iTION /his Bidder agrees to provide for any subsidiaru and parent firm, and hereto attaches a Current or the mos~ recent Audited fimancial Statement(s) including as a minimum the firms opinions, notes, revenue/expense statements, conditions of cash, etc. The attached statement provided includes: Accounting Firm Name Address Financial Period Statsmen~ Oats /he bidder certifies that he-u.~, r-=._n~_=~,, has an available !Lne of credit in the amount of S A supporting documentarU evidence attaohed to this form supplied Name Address Date The undersigned Bidder cartifiss to the va!iditg cf statement and agrees to furnish ang other information upon request that maW be required by the Iown of Southold, New York. ~/dder's Financial Condition c- ~ ,t~ BiO (F~OPOSAL) FORM, ?a~e ! of ~ ~N. ORM .~ON SCHEOULE= - (continued) The undersigned hecebW authorizes and requests ang person, firm or zorporetion to furnish ang information requested bW Town of Southoid, New York in verification of the firms financie! oondition. Dated at This__ daw of ,i~,'==u Name of ~idder State of New York, CountW of bein~ du!g sworn deposes and saws shat he is of Neme of Organization and that the e~swer~ to the ~oregoing cuestioms end s!l s~atemen~ therein contained = = ,,~ -~- true s-~ Correos. Commission expires NOTE: ¢1) (2) (B.~c.~ maw subm.~ additional information desired as Schedule E attachments.) If blank not applicable, fill in with N/A BiO ~PROPOSAL} =n-~ - 7own of Southc!d Bid Project C&D Haul- Disposal Services work covered bw bmokec on the qualifications, informal!on and the Bidder herein certifies that it is qua!i~ied to perform the this proposal, and thaC behalf of others. the Bidder offers references in order that Bidder's qualifications and experience. 'lc is not acting as a To substantiate Chess the following ce!ated the Town maw evaluate ! Legal Name: 3 6 7 8 ~--.e . Year incor~. New York State; Business License No.: No. Wears in contracting business under above name:__ ~as ~irm ever de~autted on a contract? Yes No Gross Value - work under turmeric contract: Br2ef description general womk ~erfommed bW firm: U~'S . ~ual~=~-=-'~cn_~ ~ummary Schedule ~ O.f BiO (PRCPOS~L) FORM P~ge~ of ~ iNFORMATION BCHEOULE F - (Continued) 10. Has firm evec failed co complete work awardedm Yes if yes, attach support statement as to circumstances. 11. Related Experience Reference (within previous S years) t1,1 Project Title: Owner's Name: Address: Engineer: Address: Project Initial Scare Oats: initial ~id Value: $ Final Compists Project Value: Brief Project Oascri~tion: No 11,2 Project Title: Owner's Name: Address: Engineer: Address: Project Initial Start Oats: Project Acceptance Sate: (PROPOSAL) FORM P~ge B cf ~ iNFORMATION SCHEOUL, E F - (Con~!nw~d) Initial Bid Value: S Final Complete Project value: Brief Project Description: 11.3 Project Title: Owner's Name: Address: Engineer: Project Project initial Final Brief Initial Start Oats: Acceptance Oats: Bid Value: ~ Complete Project Value: Project Oescri~c~on: Qualifications Summarw Schedule 5.0.F BIO (PROPOSAL) FORM Page 3 ~=~, ~. t2. Principal Firm Members' Background/Experience (3 members minimum). At,ach cumrent resumes ss Schedule 5.0.F supplement o? give concise ~escrlp~ion by individual. Name oF Bidder: By: 0ace: (Au~hoc/ze~ Signature) ~u suocY~mencai a~tsohmencs cc ,o~ ...... ~ns _,a__ be labeled Schedule 5 C.~, ' '' ' Frc~er!W in:egraced ~nco thle Bid Form. ..... nK ncc aoclicab!e, Fill in wi~h N/~ Town of Southold Bid P?oject C&D Haul - Disposal Services The Bidder pmojecc. Con,tact inoivi~uai !. states Chat it pmoposes, if awarded an the following haul subcontractors on this Trade/ Address Phone # Specialties Name of Bidder: (Authorized Signature) in with N/~ Schedule 5.0.~ iown of Southo!d Bid Project C&D Haul- Disposal Services The Bidder states that it owns the foliowin~ pieces o2 equipment that ars available for use on the project, iF awarded ~he Proposed Equipment Item Project Use 5quipmsnt Location Name cf Bidder: Date: Any supplemental attachments er modifications to this form shall be ~=' i a be .~oe.e_ Schedule S.O.H and shall properly integrated into ~be Bid Form. blank not ap~iicable, fill in w!~h N/~ Oonssruc~!on Equigmen~ Schedule ~..n.~,~ BiO (PROPOSAL) FORM INFORMATION SCHEDULE I Town of Southold Bid Project C&D Haul-Disposal Services The Bidder hereby states that it will be prepared to dispose of up to the following Maximum Specified Yearly Capacities in tons of Town of Southold construction material and/or demolition debris if awarded an Agreement. Contract Year Maximum Tons per Contract Year 1997-1998 1998-1999 1999-2000 2000-2001 2001-2002 Name of Bidder: By: Date: Maximum Specified Capacity BID (PROPOSAL) FORM Schedule 50. I INFORMATION SCHEDULE J Town of Southold Bid Project C&D Haul-Disposal Services NOTE: IF A BIDDER INTENDS TO UTILIZE MORE THAN ONE DISPOSAL SITE, AN INFORMATION SCHEDULE J MUST BE COMPLETED FOR EACH DISPOSAL SITE. The Following Disposal Site: I. 6ENERAL A. Disposal Neme: Address: is information on the undersigned Bidder's Site Location Disposal Site mailing address (i~ different than I) Address: II. CURRENT OPERATIONS A. Operations Permit 1. P~rmittee: -~-2. No.: 3. State: 4. Date o~ Issue: 5. Date of Expiration: 6. Copg Enclosed: Bidder Disposal Site[s) BID [PROPOSAL) FORM Yee: No:. Schedule S.O.J Page 1 of 7 INFORMATION SCHEDULE J - (Continued Hours of Operations i. What are the PERMITTED operating hours? DAY A. M. P. M. Monday to Tuesday to Wednesday to Thursday to Friday to Saturday to Sunday to Are there any PERMITTED closure stipulated? periods What ere the ACTUAL operating hours? DAY A,M. P.M, Monday to Tuesday to Wedneedag to Thursday to Friday to Saturday to Sunday to What holiday or other period is the-Disposal typically closed? DAY YES Nil] Nem Year's to Memorial to Independence to Labor to Thanksgiving to Christmas to Other (SpecifW) to Bidder Disposal Site(e) BIO (PROPOSAL) FORM Schedule S.O.J Page 2 off 7 Site i 1 1 1 1 1 1 INFORMATION SCHEDULE J - (continued) Will the ACTUAL operating hours in Question II.B.3 be extended up to the PERMITTEO operating hours in Question II.B.1 in order to accommodate Town o~ Southold construction material and/or demolition debris? Yes No Are there, anu local agreements, ordinances, etc. which would prohibit extending the ACTUAL operating hours in Question II,B.3 up to the PERMITTED operating hours in Question II,B.I.? Yes No What 1998 1999 2000 2001 2002 At the PERHI/TEO levels in Question II,C., projected useful life in wears? is the PERMITTED annual capacitw in cubic Wards? what is the E. What is the annual RECEIVIN6 level todag? Bidder Disposal Site(s) Schedule 5.O.J BID (PROPOSAL) FORMS Page 3 of ? INRO~M~?ION SCH~DUL~ J - (Con~in~d) At the RECEIVING levels in Ouestion II.E., projected useful li~e in wears? what is the How much o~ the RECEIVING level in Question committed to under contract in cubic Wards? 1998 1999 II .E. is 2000 2001 2002 Does the Oisposal Site have for: 1. Asbestos 2. Wastewater Treatment 3. Hazardous Waste special waste restrictions Gate Yes No Fee ($) Bidder Oisposal Site(s) Schedule 5,0.J BIO (PROPOSAL) FORM Page ~ of 7 INFOR~ATION S~HE~ULE J I. Are there ang existing municipalities which prohibit: Item 1. Routing to site Weight limits between state roads and site 3. Number of vehicles Vehicle size S. C&O importation outside jurisdictional area 6. Host Communitw Benefits III, EXPANSION PLANS A. Application Permit 1. Permittee: No.: 3. Stete? 5. Oate of Submission: 5. Copu Enclosed: 6, Submission Status: (Continued) Agreements with local Yes N__qo Yes No Expansion of current site or new site Local Citizenrg reaction Regulatorg agencg Bidder Disposal Site(s) BiO (PROPOSAL) FORM Schedule 5.O,J Page 5 of 7 INFORMATION SCHEDULE J - (Continued) d. Litigation e. Likelihood to succeed If you are successful additional annual DESISN capacity not include figures from Ouestion 1998 2000 2001 2002 in ~uestion III.A., what is the in cubic yards (do II.C.)7 At the annual DESISN levels in ~uestion III.B., what would be the projected useful life in years? Would you be willing to share with the Town of Southold engineering reports utilized for the preparation of the Operating Pemmits on Expansion Application? Bidder's Disposal Firm's Name Firm's Address Project Engineer No SiteCs) Engineer of Record Bidder Disposal Site(s) Schedule 5.O.J BID (PROPOSAL) FORM Rage 5 of 7 INFORMATION SCHEDULE J - (Continued) IV. ATTACHMENTS Attach copies of all permits required of the disposal site(s) and a copg of the agreement, performance bond and insurance between bidder and permit holder to use the disposal sits(s) during the term of this Agreement. Are gou willing to meet with the Town of Southold to discuss your short and long term disposal capabilities? Yes No ihe undersigned herebw certifies that services, material, or equipment to be furnished as a result of this bid will be in full accordance with Iown of Southold specifications applwing thereto unless exceptions are indicated above and an explanation attached. Bidding Companu Address Citw State Zip BU. (Please Print or Igpe) Signature NAME ANO TITLE Rhone No, Date CDRPDrAIE SEAL Bidder Oiepoe~l Site(e) Schedule 5.0.J BID (PROPOSAL) FORM Page 7 of 7 INFORMAIION SCHEDULE FORM DF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, firmlw bound unto sum of as Suretw, the undersigned, Principal, and are hereby held and as Owner in the for the payment of which, will and truly be made, we hereby Jointly and severally bind ourselves, our heirs, executors, administrators, successors and essigns. Signed this daW of , 1$ The condition of th~ above obligation is such that whereas the Principal has submitted to the Town of Southold a certain Bid, attached hereto and herebu made a part hereof to enter into a contract in writing, for the hauling and disposal of construction material and/or demolition debris; NOW, THEREFORE, (a) If said Bid shall be rejected or in the alternate, Cb) Form of Bid Bond BID CPROPOSAL) FORM If said Bid shall be accepted, and the Principal shall execute and deliver an Agreement in the form of the Sample Operating Agreement attached hereto (properlu 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 paument of all persons performing labor or furnishing 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 expresslg understood and agreed that the liability of the Surstu for anU and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. Schedule 5.0.K Page 1 of 3 The Sure,W, for value received, herebW stipulates and agrees that the obligations of said SureCW and its bond shall be !n no wag impaired or affected bg anW extension of the time within mhioh the Owner mag accept such Bid; and said Buretg does harshW meive notice of ang such extension. IN WITNESS WHEREOF, the Principal and the 5urscW have hereunto set their hands and seals, and such of uhem as are corporations have caused their corporate seals to be hereuc affixed and these presents to be signed by ~heir proper officers, the daw and wear first eec forth above. (l=) Sure~W SEAL (ACXNOWLEO~ERENT BY CONTRACTOR, STATE OF: COUNTY iF ~ CORPORgTi0N) BSN: On th~_ daw of before me persona!!g came , co me known, who being dulW sworn, did depose and sag thac he resides in ; that he is the of uhe corporation described in and which exacucad the fcrego!ng instrument; tha% he knows zhe seal cE the coT=dca;ion; tha~ the seal af~ixed CO the instrument ia such corporate sea!; chac it was so affixed b~ ~he order of ~he Boar= cf Oirec~ors cf the corporation; and tha~ he si~ned his name thereto bg like order. Form cf Bid Bond Schedule 5.O.K STATE OF: COUNTY OF: ) BBN: On this daw of , !~ , before me personallW came , to me known, end knomn ~o me to be a member of ~he firm of and known to ms to be an individual described in, and who executed ~he foregoing instrument in ~he Firm name of and he duig acknowledged to me thac he executed the same fcc an~ in ~he behalf of said firm ~or the uses and purposes mentioned therein, (~CKNOWLEDGEMEN? ='-' ~N0!V~0UAL CONTRACTOR) COUNTY ~a~ ~f , ~= before me personaLi~ came to me known and know~ be the person described in ~nd who execu~e~ zhe ~oregcing instrument and dul~ acknowledged that he executed the same. Ncter~ Public INFORMATION SCHEDULE L PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the "principal") and (hereinafter called the "Surety") are held and firmly bound to the Town of Southold (hereinafter called the "Owner") in the full and just sum of dollars ($ ) good and lawful money of the United States of America, for the payment of which sum of money, meal and truly to be made and done, the Principal binds himsel'f, his heirs, executors, administrators and assigns and the Surety binds itself, its successors and assigns, Jointly and severally, firmlW bw these presents. WHEREAS, the Principal has entered into a certain written Agreement bearing date on the daw of , lBS , with the Owner for the Town of Southold construction material and/or demolition debris Haul- Oisposal Services, a copy of which Agreement is annexed to and hereby made part of this bond as though herein set forth in full. NOW, THEREFORE, the conditions of this obligation are such that if the Principal, his or its representatives or assigns, shall well and Faithfully comply with and perform all the terms, covenants and conditions of said Agreement or his (their, its) part to be kept and performed and all modifications, amendments, additions and alterations thereto that mag 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 bg reason of failure so to do, and shall fully reimburse and repay the Owner for all outlaw and expense which the Owner maw incur in making good any such default, and shall protect the said Owner against, and paw any and all amounts, damages, costs and judgments which maw or shall be recovered against said Owner or its officers or agents or which the said Owner mag be called upon to Paw to any person or corporation by reason of anW damages arising or growing out of the doing of sai~ 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 Ctheir, its) agents or servants, or the infringement of any patent or patent rights bw 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 Schedule S.O.L BID (PROPOSAL) FORM Page 1 of 8 fuiiu perform and ~ _ _~mp .... the work mentioned and described in said Agreement, pursuant to the terms, conditions, and covenants ~,-.~o~, if for anw cause the Principal rails or neglects to so fui!W perform and complete such work and the Surety further agrees to commence such work of completion within ten (!0) ~a:enoar days alta? written notice thereof from the Owner end to complete such work within ten (10) calendar daws from the expiration DP the *i ~_me allowed the Principal in the Agreement for the completion thereof; and further PROVIDED HOWEVER, the Surety, fcc value received, for itself and its successors and assigns, hersbW stipulates and agrees chat the obligaclon of said SuretW and its bond shall be in no maW _mpalr~ or affected by an extension of time, modification, work to be per.--crmed ~'~-~ '~, ~ne__und_. before ~n~._uno_. ac bw anw pagmen~ ~' ~= =~ Che rime required he~_~n: cc bg anW maivec o~ anW provisions anV wcrk to be performed cc ang monies due cc co become due ..... un~e., and said SuceCg odes hecebu_ wa_v~ = no~_.e of anV and ail O~ such = '-= ~ .... changes, pagmen~s, waivers, assignments, subcontracts and transfers, _n~= ~ herebu .... exoress/u s:Loulaces and agrees cha~ anW and ail ch/rigs done and omi:ted ~o be done bg and Ln relation ~o assignees, subcontractors, and o~hec transferees shall have the same effect as ~o~ said ~wcecW as though done cc omitted co be dcne bg or ;- relation to said Principal IN Wi~ ~m .N~__ WHEREOF, the Principal has hereunto set his (their~ i~s) hand and seal and the Surety has caused t~is instrument to be signed by its , and ica corpora~s seal to be hereunto affixed this daw of (IF Corporation add Seal and Attestation) Attest Principal Add Corpcrace Sea! By: Attes~ Address cf Surety Performance Bond Schedule S.C.L BIO {PROPOSAL) FORM PaDs 2 cf 2 INFORMATION SCHEDULE M OPERATIONAL PLAN The Bidder hereby states that it proposes to implement the following operational plan to haul and dispose of Construction Material and/or Demoliton Debris (C&D) from the Town of Southold Landfill if awarded an Agreement. I. Haul Summarize the manpower and equipment you will make available to perform under this Agreement. II. Disposal Summarize the identity and location of the primary and secondary sites you plan to use for disposal of the construction material and/or demolition debris. Describe the arrangements between your company and the disposal site for use of the site. Describe any treatment the C&D will undergo during transport or upon arrival at the disposal site. Attach copies of the permits to construct and permits to operate the disposal site. Site No. 1 NAME LOCATION CONTACTPERSON AND PHONENO. Operational Plan Schedule 5.O.M Bid (Proposal) Form 1 of 2 ARRANGEMENTS FOR USE TREATMENT OR UNUSUAL CONDITIONS Site No. 2 NAME LOCATION CONTACT PERSON AND PHONE NO. ARRANGEMENTS FOR USE TREATMENT OR UNUSUAL CONDITIONS OPERATIONAL PLAN Schedule 5.O.M Bid (Proposal) Form 2 of 2 APPENDIX A SAMPLE OPERATING AGREEMENT THIS AGREEMENT, made on the day of 1997, 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 , 1997 ("Bid")in response to the Town's Bid Solicitation for Construction Material and/or Demolition Debris Hauling-Disposal , 1997, ("Solicitation"); Services dated and WHEREAS, the Town Board of the Town of Southold by resolution No. adopted on authorized the Town Supervisor to enter info an agreement with the Contractor fo perform certain services in connection with the handling of solid waste, NOW, THEREFORE, it is mutually covenanted and agreed by and between the parties hereto as follows: I. DEFINITIONS - Terms defined in the Bid Solicitation shall have the same meaning as if defined herein. APPENDIX A-1 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 shallk be three (3) years commencing on July , __. The Town, at its sole discretion, shall have the option of renewing the Agreement for two (2) additional one (1) year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term. IV. PRICE SCHEDULE/COMPENSATION - The unit bid price schedule for the services to be furnished by Contractor is found in Section C - 3.1,3.2 Contractor's bid which is incorporated into this Agreement. V. PAYMENTS - The Contractor shall received monthly payments for services performed during the prior calendar month. The Contractor shall submit a request for payment on a Town approved voucher form along with Contractor's invoice which shall include a daily summary of tonnage hauled by Contractor at a Oisposal Sit as applicable. Such payments shall be made within sixty (60) days of the Town's approval of Contractor's invoice. The Town shall be entitled to deduct from any payment owning to Contractor any sums expended by the Town to cure any default or other Agreement non-compliance by APPENDIX A-2 sums non-compliance account Filed. expended bw the Town bv Contractor or to any claims Filed or to cure any default or other Agreement protect the Town from loss on reasonably anticipated to be VI, CONTRACTOR'S WARRANTIES AND REPRESENTATIONS Contractor makes the Following warranties and representations: A. Contractor represents that the Town has made no commitment under this Agreement with respect to the volume of construction material and/or demolition debris to be handled by Contractor during the term of this Agreement. B. Contractor warrants that Contractor shall comply with all Federal, state regulations applicable to all of Contractor. C. Contractor Furnished by Contractor in the and local laws, ordinances or the services to be performed by represents that the information equipment schedules included in the bid is accurate and complete and Contractor acknowledges that Town has rslied upon the accuracy and completeness of that information in .the selection of Contractor as the lowest responsible bidder. 0. The Contractor represents that Contractor shall utilize its best efforts to insure that Minority and Women Owned Businesses (MBE's and WOE's) have the opportunity to participate as subcontractors under this Agreement. In the event the contractor subcontracts twenty-five percent (25~) or more of APPENDIX its work hereunder, and a WBE Utilization Plan, E. In the Contractor shall submit to the Town an MBE prior to execution of this Agreement. event the Contractor's Disposal Site is unable to receive and dispose of material and/or demolition debris for failure to obtain or maintain necessary the Town's construction any reason (including permits or licenses), Contractor shall be responsible for providing to the Iown an alternate Disposal Sits for the Town's use at no additional cost to the Town, and shall indemnify the Town against any additional hauling cost bu the Town or its agent because of the location of the alternate Disposal Site. Under no circumstances shall change in Disposal Bite(s) maintain necessary permits change in conditions. In find an alternate default of this or failure or inability to obtain bg the Contractor be considered the event the Contractor is unable Disposal Site(s), he shall be deemed to be Agreement and liable For damages, a or a to in bend forfeitures and other expenses aa provided in the Agreement. VII. INDEMNIFICATION INSURANCE/BONDS A. Contractor agrees to defend, indemnify and save harmless the Town of Southold against any and all liability, loss, damage, detriment, suit, claim, demand, cost, charge, attorney's fees and expenses of what ever kind or nature which the Town may directly or indirectly incur, suffer or be required to pay by reason of or in consequence of the Contractor carrying out or performing under the terms of this Agreement, or failure to carry out anU of the provisions, duties, services or APPENDIX A-~ requirements of this Agreement, whether such losses and damages ars suffered or sustained by the Town directly or by its employees, licensees, agents, engineers, citizens or bg other persons or corporations, including anW of Contractor's employees or agents who maw 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 hereunder, including all appeals /own, maW be necessarW. B. Contractor shall or interruption with the Town's rights which, in the opinion of the 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 wear 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) daws written notice has been given to the /own All such insurance shall be issued bw 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 APPENOIX A-S the foregoing indemnification. C. Contractor shall, for the period of the performance of services hereunder, maintain a Performance Bond in the amount of five hundred thousand ($S00,000.00) 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. FDRCE MAJEURE If either party is delayed or prevented from fulfilling anu of its obligations under this Agreement due to any or condition, whether affecting the Town, the the Disposal Site or any of the Town's or the respective subcontractors or suppliers, to the act, event Contractor, Contractor's extent that either payment it materially and adversely affects the ability of party to perform any obligation hereunder (except for obligations), and if such beyond the reasonable control and willful or negligent action, inaction, relying thereon as justification for not act, event or condition is is not also the result of the or fault of the party performing an obligation or complwing with ang condition required of such partg under the Agreement, the time for fulfilling that obligation shall be extended day-by-daw for the period of the uncontrollable circumstance; faith or the action shall lack of provided, however, failure in good not be construed reasonable diligence that the contesting in good faith to contest such action or in as willful or negligent action or a of either party. Subject to the APPENDIX Foregoing~ anticipated weather To~n or Disposal earthquake, Fire, occurrenca~ acts oF such acts or events shall include the Follo$1n~: an act of God (but not including reasonablw conditions For the geographic area of the Site), hurricane, landslide, lightning, explosion, Flood, sabotage or similar a public enemy, extortion, war, blockade or insurrection, state, having Disposal which are riot or civil disturbance; (8) the failure of any appropriate federal, county, town or local public agency or private utititw jurisdiction in the areas in which the Transfer Station or Site is located to provide and maintain utilities, water and sewer lines and power transmission lines required For the operation or maintenance of the Transfer Station or Disposal Site; (3) governmental services in connection with condemnation or other taking by pre-emption cf materials or a public emergency or any eminent domain of any portion of the Transfer Station or Disposal Site; and (~) the presence of hazardous waste upon, beneath or migrating From the TransFer Station. I~ is specificall~ understood that none of the following acts or conditions shall constitute uncontrollable circumstances: (a) general economic conditions, interest or inflation rates, or currencw Fluctuations; (b) the Financial condition of the Town, the Contractor, anu of its affiliates or anU subcontractor; (c) union work rules, requirements or demands APPENDIX 4-7 which have the emplowed otherwise operating its haul effect of increasing the number of emplowees increase the cost to the Contractor of operation or the Disposal Site (d) equipment failure; (e) anW impact of prevailing wage law, customs or practices on the Contractor's costs; (f) anw act, event or circumstance occurring outside of the United States, or (g) anw change in law or in the permit conditions or status of the Iransfer Station Disposal Site or alternate Oisposal Site. IX. SUBCONTRACTS in connection Contractor shall not enter into anw subcontracts with the services to be performed bw Contractor hereunder without the prior written approval bw the town of such subcontracts. Ali such subcontracts shall make express reference to the terms and conditions of this Agreement and shall obligate the subcontractor to comp!w 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 anW insurance or bonds for the benefit of Contractor, the Town shall also be named as an additional insured or obligee. X. R~EVAILING WAGE RATES Contractor agrees to complw with the provisions of the New York State Labor Law relating to the pawment of prevailing wage rates to the extent applicable, or the applicable State Law in the state of disposal. In the event that st anU time during performance under this Agreement the Contractor is APPENDIX A-8 required to increase the wages paid to anW of its emplouees as a result of such requirement, all costs resulting there from shall be borne exclusivelw bw Contractor. XI. FORCED ACCOUNIING tn the event the iown directs the Contractor, bw written authorization signed either bw the Town Supervisor or Town's Solid Waste Coordinator, to perform additional services bewond the scope of those described in this Agreement, the Contractor shall be compensated for such additional services on the following basis: TOTAL COM?ENSATION FOR ADOITIONAL SERVICES DIRECT LABOR COST + OIRECT MATERIAL COST + OVERHEAD + PROFIT For the purposes of this Section: A. OIRECT LABOR COST shall include hourl~ wages, including overtime premiums actuallw paid plus the following fringe benefits associated with those wages - group medical, group life insurance, pensions, FICA, uniforms, safetw equipment or special tools. These fringe benefits shall be separatelw identified and shall not duplicate fringe benefits paid in connection with ~ork performed within the scope of the Agreement. 8. DIRECT MATERIAL COST shall be those costs actuallu paid bg Contractor for materials utilized bg Contractor in performance of the additional services. The costs for such materials shall not constitute personal include sales tax for anW materials which propertu incorporated Into the structures, APPENOIX buildings, or real propertw of the Town since such personal propertw is exempt from taxation under Section lllS 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. O. PROFIT shall be S~ 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 Town, ×III. obligations Agreement, necessar~ and furnish copies of those updates to the DEFAULT In the event under the procure the the Contractor fails to perform its Agreement, the Town maw terminate the services from other sources and hold the Contractor responsible for ang costs incurred. The Town also maw deduct such costs from pagments owing to the Contractor and/or draw upon the Performance Bond as full or partial reimbursement for such excess costs. The Town reserves the right to terminate the Agreement for Just cause. XIV. SERVICE AGREEMENT The Contractor shell be obligated to provide the Town with disposal services without regard to the permit status of its Disposal Site. In the event that Contractor submits a Bid APPENDIX A-10 all necessar~ ffedaral acceptance off the Bid which Contractor does not currently have and stats permits, or which after the loses its permitted status, Contractor shall, at its sole risk and expense, be responsible for obtaining and/or renewing its permits or providing the Town an alternate Disposal Site at no additional cost (disposal plus any additional hauling) to the Town. The parties agree that this is a full service Agreement and failure of the Contractor to provide the identiffied Oisposal Site or acceptable alternative Disposal Site, on or sifter the commencement date shall constitute a breach of this Agreement, The Contractor accordingly shall not be excused from its obligations hereunder by reason of any failure to obtain or maintain its permits at the identified Disposal Site, XV. LIMITATION OF FUNDS The Contractor agrees that this Agreement shall be deemed executory only to the extent of the funds currently available for the purposes of this Agreement and that the Town incurs no liabilitg begond those available by authorization of the Town Board as of the date of this Agreement, XVI. DISPUTES/ARBITRATION Ang disputes between the parties to this Agreement mag be referred to arbitration by mutual agreement of the parties. Absent such an agreement, any actions or claims by either party hereto shall be County, New York. In the event commenced in Supreme Court, Suffffolk the parties agree to arbitrate a APPENDIX A-11 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 ~ollowing any such arbitration shall be final and Judgment mag be entered upon it in accordance with applicable law in any court having Jurisdiction thereof. XVII. MISCELLANEDUS A. This Agreement shall be governed bu the laws of the State of New York. B. Contractor shall not assign, oonvey 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 8id, and all Appendices and Exhibits thereto, represent the entire agreement between the Town and Contractor relating to the Services to be This Agreement may be modified only by Contractor and the Town. performed hereunder. written agreement of 0. To the'extent of any inconsistency among the documents constituting the agreement of the parties, the priority among those documents shall be: 1. This Agreement; APPENDIX A-1E Exhibits hereto; The Solicitation including Appendices; Contractor's Bid. E. Without limiting anw other right and/or remedg which the Town maW have at law or under this Agreement, if is adjudged bankrupt or makes an assignment for the Contractor the benefit of Contractor or instituted bw or this Agreement. ?. consistent with creditors or a receiver is anw ineoivencw arrangement against the Contractor, the appointed for the proceedings are Town maw terminate Contractor agrees that it will conduct itself its status, said status being that of an independent contractor and, Contractor, its emplowees will neither hold themselves out nor claim to be an empiowee of the Town of Southold nor make claim to accruing thereto including, but not limited Compensation, Unemplowment Benefits, Social retirement membership or credit. G. If anw provision of or agents officer or anw right to, Worker's Securitw or this Agreement shall for anw reason be held to be invalid or unenforcseble, the invaliditw or unenforceabilitw of such provision shall not affect anW 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. Contractor agrees that it shall not discrimlnete APPENDIX A-13 and that it shall cause there to be no discrimination against anw emplowee who is emploged in the work, or against anw applicant for such employment, because of race, religion, color, sex, age, marital status, handicap or national origin in anw manner prohibited bw the laws of the United States or of the Stats of New York. These requirements shall include, but not be limited to, the following: emplowment; upgrading, demotion or transfer; recruitment or recruitment advertising; laWoff or termination; rates of Paw or other forms of compensation; and selection for training. XVIII. be NOTICES All notices required to be Given hereunder made in writing bw first class mall addressed as follows: shall APPENDIX ~-1~ If to the Town: Supervisor of the Town of Southold Town Hall 53095 Main Rood Southold, New York 11971 With a copy to: Solid Waste Coordinator Town of Southold 53095 Main Road $outhold, NY ! 1971 if to the Contractor: iN WITNESS WHEREOF, the parlies hereto have executed this Agreement on the day and year first above written. TOWN OF SOUTHOLD BY: Jean W. Cochran, Supervisor BY: APPENDIX A-15 APPENDIX B NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PERMIT New York State Oepartment of =nvironmental Conser/~den Legsl Affairs..~uildincJ za - SUNY, Stony .~raak, NY Telephone: (516) 44~,0345 Facsimile: (S16) De= £user4scr Ed,~'z-c O'S~v~ DEC J'o. ~020, ~d :~e Tc'~'~ :~ cf ~ber i. ;.996. for ~ t. Uae :ow~ m,us~ ~v ~am ~ .~'YCi~% Suboar-4 ]604 .~._.__ P~v~cua) :mc se,~en (T) ~7s ;~r week. 'Cae Tog, re. sbail a.ogiy for ~d rec,-ive s pe.-mk for '.be ~er s-.~do: before e×pirazion of r. bis ~e.m.oarary tutb. or/z~don. 7. The Toy, n2 for P~ 360 ~o: sc~le for ~e pe~ for ~e ~99Z T.m ~u~or:,zadort is c::dido:~ u.oon ,..b.e Towu's outlined ~ove amd ~iiur= :o do so may P_suit in 3.~.Y E. COW-_'~' ', ?Z-. .R..~T_Zo mil ~' ~tres:..:r Ezc. CC, 7 T_.. .~ C~v~ 5L APPENDIX B-2 ~own o~ Sou~hold 4cciden~ Date o~ Accident: Oral Report Date: / / / / TOWN OF SOUTHOLD ACCIDENT REPORT Time of Accident To: Time: : Location oF Accident: Brief Description of Accident: : AM/PM AM/PM · Check if continued on separate sheet Action Taken: Additional Action Required & BU Whom: Date of this Report:__/__/__ Department: ANY POLICE REPORT PREPARED REGARDING THIS ACCIDENT MUST ATTACHED. Forward Accident Report to Solid Waste Coordinator Southold Town Solid Waste District P.O. Box 988 Cutchosue, New York 11935 APPENDIX - C BE APPENDIX 0 Town o~ Southold SW~P (Executive Summ~w) SUMMARY This is a S,m~ry of the update to the Solid Waste Management Plan (~WM~) for the Town of Sou=hold. The Town's initial draft S~aR(P was adopted by the Town Board on September 25, 1990, and a final SWMP on January 22, 1991. Since the adoption of the S'~IP, 'there have been & number of changes in solid waste management in Sou=hold and on Long Island. changes in solid waste genera=ion, r~c'.,cling ~d a~il~le ~ci~ a= =he cos= of ou=-of-To~ h~i~g ~d processing by ~he pri'~ce sec=ur. These for the resid~l waste r~ining al%er reduction, reuse, ~d re~c!ing. $.1 Town in ess=s_-,-= Suffolk County on Long Island. It is bo,'~-ered ~y ~he ~econ~: Bays Gardiners Bay =o the souUh, and =he Long Island Sound to =he north. The Town, along with the Town of Riverhead to =he west, comprises the North Fork of the "East End' of Long island. It also includes the ~amlet of Fishers Island, small island community covering approximately four square miles. The Town supports a large agricultural con~lni=i,, as well as a seasonal tourist pcDu!a=ion and a cumber cf weekend/part-time residents. Of the -~.rious co~itie~ ia the Town, the larger r~sidenuia! areas are ~r~ms-ily located in Sou=hold, Cu:chogue, Greenpor~, and Mat=ituck. The Town possesses diverse ecological resources includiag ~eaches, bays, estuaries, lakes, ~reshwacsr and tidal wetland, and the upland envirur~en=. These resources are '.2~e r~su!: o~ nauural physiolop~ and existing develoDmenn pat=m_.~n~, ~nd are i~oor=mn= ~or their preset;eric=si, social, aesthetic, and recrmational value. The Town =omi:rimes 5.3% o~ Suffolk County's land area, ~=u.: only 1.5% of ~he Counuy's pcpu!&tion. The Iargesu siagle land use i~ =he T~-~n is ,n~o~.n: land S"~ SUMMARY- ! APPENDIX O effort are: NewsDaper o 91astic containers o Major household aDDliances Metal containers o Bulk Metals o Household haza~ous waste Clear glass o Was~m oil o Leaves Green glass o Old clothes o Brusk Brow~ glass o Bat=eries o Tirms o ~x~ Pa~er (other In accordance ~rith its solid waste management pla~4ng efforts, the To~a% has imDlemented a ma~daco~! curbside rmc~.;clable col!sc=ion pro%-ram for those residence whose solid waste is col!ec~ed by car,.ers. ~esidents tha~ usa car~ers are required =o separate green, brown, and clear glass, ~iancic (HDPE ~l ar.d $2}, =in and al~uninum (cozening!ad}, newseaDer, and cardboard. Cot!et=ion of recyclabi~s from custamers is ,,w- , c,~.en=~y Derformed once avery other week. Cot!sc=ion by. Town ~e~rait=a~ c~srs is Drov~dmd for rmeiden=iai, commercial, ins=ituuional, and indus~ria! customers on an iadiv~dual ¢on~racn basis. Cc~=nerciai, insn~=u~ionai, and industrial w~tm genera=ors can also deliver their wastes to ~he landlii! grov~ded they are De.--~li;:ed by =he Town. Residenus also droD off =heir was~es a= =he solid waste comDlex with a It is esc~'~.~t~I ~haC apDrox~m~taly 107 ~on~ ~er day of municiDal solid was~a was genera~ ia ~he T~ in 1992. ~s ~1,~- is ~ o~ 1992 scum ~rum the ~olid waste co~iex ~d includes r~c!~les. ~Curm ~rujectio~ ~ve been fo~la=ed bas~ on the 1992 ~ca ~ weigh=~ as~Zms through =he year 2015, ~d ~e as 1989 !23 44,S95 1992 107.7 39,313 1995 !2~.6 46,!94 2000 134.2 48,995 2010 154.4 56,364 S.3 Alternatives In formulating the Town's original 91an (final SWMP January 1991), a number o~ alternative processing methods and ~mplmmen=ation alternatives had been evaluated. The alternatives have been reconsidered in terms of environmental soundness, a~.licability, e~fectiv~ness and cost, and are Dresented in this SWMP update. They include: Waste Reduction Household Hazarclous Waste Removal ~=erials Recycling Agricultural and Yard Waste Comics=lng Cons=ruction and Demolition Debris (CAD) Recycling Land Clearing Debris Recycling Waste-to-~ner~y Reduction/Recovery Municipal Solid Was~s Com~os=ing Landfill Disposal C!ea~ Fill Disposal Methc~ of ~rocessing/DisDosa! of Although =he Stats has set a goa~ of 50% r~duc=ion, reuse, and rm~.tc!ing aa benc.~k for resource r~cove_~.! systems, it bas been concluded as par= of =he o Con=iaued l~dfil!iag (no longer ~ Use ~ a new, double-lined Town landfill adjacent t: existing ' '~ {no longer a viable al-_ernative) ~rocmssing a= ~he Brookhavsn com~osting-energy recovery. = ~-~ ~a¢,..~y {has no= ~een ~p. lemented a= t.%is time) o ~rccessing at Huntington energy rscovery facili~y c ~rccessing at ~abylon energy recovery 9rccmssing a~ an in-Town mixed solid was=a {MSW} com~os=ing faci!i~y (no longer a viable a!tmrna=ive) Yard wests exchange arrangement wi~h a =own hav~ng an energy, r~covery ~aci!i=y (re-eva!ua=ad =his ~ast year wi~h the ~owns o~ Huntingr. onl¢.~'ni~htown~ Private se=ocr processing/disDosal {inclu~iag ~cssible uae of pri'~a=e sec=ur ~aci!i:ies) Long haul ~o another facility (component o~ ~am~orary ~ransfar r ecovet~.; system. Waste reduction refers to Che reduction of solid waste prior Co disposal. This is ~ ~or=~= considerauion since i= ~y a~ec= =he sizing or of in~.~ opera=ions ~d facilities. ~ction of ~e voi~ of ~sta could ~o enco~age residential, co~ercial, ind~Cri~, ~d ins=i=u=io~i es~lis~encs ~o =~ucm ~te generacion a= the so.ce or ~oin= o~ This would e~fec=ively r~ucm ~he ~l~e o~ ~s=e =~= the To~ ~d ne~ ~ke D=ovisio~ for with r~d to collection, ~rccessing, a~inlscration, ~d fin~cing. Regarding =he legislative asuec=s, of waste r~uocion, the ~own wl~~'~ conciaue supporn laws proDose~ by eke County, State, and Federal governments ~ac Reduce Eke volume and =y~e of packaging mat~riai~, cons=i=u=ad of Dias=ica which are assential!y nonreusabie, and nonrec, zclable _spec.a~.y =hose ~o~biodegra~ia, -ixl:and =ks current beverage container deposit taw =o [nc!ude a w~_der array of containers o ~ncour~ge greater uae of recycled mater!sis, or pr=duc~s packaged in re~.zc!ed or recyc!able materials ~ Promote=he development of household hazardous waste removal programs Assist ~d encourage iadus=rial, co~ercial, and institutional generators to under, aka r~duc=ion and recycling progr~ o Assis= and sncourage hcmeowner~ Co under~ake backyard compassing and ~u leave grass c!ipDing$ on ~he lawn .~r.e Town '~-!! continue to supporu legislative efforts ~= esuablish deposits on bat=arias an a means of r~ucing the concentration of necal~ in ,rarious produc=s and residues of solid waste processing. Bat=er!es constitute ~ e~ily in addition to legistati'~e actions, all sectors of the Town (public, cu~nercial, ~a~rial, a~d ~ns=itu=iona! es=ablishmencs)· ~ w~.~ be encouraged by =he Town to r~/uce S'~MP The materials :arge=ad for source seDate=ion, curbside co!lac=ion, and marketing include paper (newspaper and corrugated ca3:dboard], color segregated glass, tin and a!um{num, plastics (.~/T and HDPE), and ferrous and nonferrous metal containers. Leaves, brush and land clearing debris ara also source separated for the .uur~ose of com~:sting. In addition, con~=ruction and demolition debris, white goods (major k~usehold a~liances), tires, and household hazardous waste ara kept separate a= =he Co'~lec=ion Can=er. .%m previously diseased, comueroial/industr~.al toxic or hazardous waste is curr~nc!y ragu!atari for proper handling and dis.~osal ~y Federal and State law. These mauarials should not be handled by the T~,n and are recycled or processed at Dr'.vats sec'.or facilities. Ra~;clinc: Ma~cr Mouseho!d ADD!lances As with =he i"-i~ial ~P, the updated ~'s resource recovery systam recc~nend~ ~ha~ ~sc~d~ ~j~r ho~id ~gli~cms (also raferr~ gcc~") c~ntinue ~o ~m t~r~i!y s~=c~il~ ~d :r~mfmrr~d on a r~i~ basis' wasne s~rm~, i~c!ude ~sc~d~ r~frigera~or~, '~shi~g ~chiaes, euc. DeDen~ng on ~kets, ~= is ~ssible ~ revenues could be genera=~ ~rcm this A designated ~crtion of the solid waste complex is used =s =~.T. orari!y suoc.~i!a =ires for shipment :o a~ropriate =e~'ocassing or re~c!iag facilities. The =~or~j stoc~ile oDeracio~ shoed be siz~ =o stcc~ile uD :o 1,000 =ires a= ~y given ~. Using ~ ass~, gener~ly accepted general!on rate of one ~ir~ Der ~erson ~er ye~ for the To~'s population o~ 20,002, a~ro~uely 20,000 tir~s Der ye~ could r~rm ~s~s~. ~=e~=ive!y, using ~ es=Sma~d 1990 scala ho~e ~ua), ~=h ~ ~ weigh= o~ 25 90~ Der ~ir~, ~ average of aDDrox~nely 19,000 =ire~ ~er ye~ ~uld r~irs Dro~er ~sDcsa!. ~asad un opera,ion ~o ~a between t9,000 ~d Z0,Q00 =ir~s ~er y~. This would shipments per ye~ (1,000 =~r~s ~er shining), or apgr~xi~iy one shipman= eve~I 2 ~d 1/2 wee~, ~h aii~ces ~or ~rm ~r~en~ s~Cs ~ng certain peak per,ods. ~ S~MMAHY- 9 Recvclin=: Household Hazardous Waste o Gasoline o $9ot Removers o Eerbicides o Stain and Varnishes o Kerosene n ~od ~reser~acives o Paints o Unknown/Unla~eled Contaiaers The resou:ce rKov~ry ~;sC~m ia the Town's up~C~ recommend~ Chac the Town work coward ~-~31~-~ncing an ex~ensive public awareness, pa-~cicipation, and education program designed ~o Drove_de information on =he {~p. ortance of properly disposing hazarcloum materials and =he procedures Co be follow~. The Town's S.T.O.P. pro~,-mm is consistent wi~h ',,he New York State Solid Was=e FzunagemenC Plan guidelines since i= can effectively help rmduce the quan=i~y of hazardous wastes entering =he was=e scream, kddi=iona!!y, the $.T.O.P. Drogr=-m is ex-petted Co increase environnenCal consciousness a~d encourage residence =o ~agregate and r~cyc!e was~es r~:her =hen discard ~hem. It is estimated thau approximately 1% of the waste s=r~am will he covered by chis alemen=. Re~/c!inc: Constriction and Demolition Debris The development, planning, ~e_--~i~ing, a~d capita! cos= of a demolition debris processing ~aci!i:y is cosz-e~ec=ive ~f i~ is handled by is reco~end~ in ~he u~ed 9!~ t~ t~ '~a no longer be disposal faci!i=ims, except on · :amDor~ basis. The r~cling/processing c in most To~s on Long Isl~d. This ~uld held =: ~]ze r~cling t~s ~=mri~. Concr~c~, rock, br!c~, aspiC, !~er, co~ercial~ genera~ co~ac=io~ ~d d~li~iun ~_s Ci~= c~d be r~over~d by this PI~ e!emen~. Consurac=ion ~d d~li=ion ~as from residents ~d ~27 ~'~MP ~Y-1! OVERVIEW OF TRANSFER STATION OPERATIONS CUMULATIVE WASTE SUMMARY THROUGH DECEMBER CUMULATIVE RECYCLING SUMMARY THROUGH DECEMBER 1996 APPENDIX E OVERVIEW OF TRANSFER STATION OPERATIONS 1. DESCRIPTION OF RESOURCES No changes to the District's funding mechanisms or management structure is anticipated at this time, although development of a long-range plan for the District is now underway. 2. WASTE RECEIVING AND TRANSFER The Town transfer station operates under a temporary permit from the DEC (pending approval of plans for a new/re-designed transfer station). It receives municipal solid waste generated within the Town by residential and commercial sources. Approximately 10,000 tons are received annually. The waste is delivered individually both by residents and small commercial contractors bringing their own waste (self-haulers) as well as by commercial garbage carters. All waste to be transferred is deposited into a cement pit, or trench, inside the existing collection building where it resides until the long-haul trailer(s) arrive to be "live-loaded." The trench can hold approximately 300 cubic yards of waste. Permit conditions require all waste to be removed within 48 hours of being received. Upon arrival and weighing at the scale, transfer trailers drive in a temporary loading "slot" located outside the collection building approximately 75 yards from the trench containing the waste to be loaded. The transfer trailers rest on an asphalt surface approximately 4 feet below the loading grade. All loading is done with a front end bucket loader fitted with hydraulic clamps to grab and hold the garbage. Waste is packed, or pressed down, into the trailer by the payloader bucket. Once filled with waste, the transfer vehicles pulls out of the slot and proceeds to the scale to be weighed. If too much weight is on the trailer, the truck will return to the loading slot where the payloader operator will remove enough waste to bring the truck to a legal weight. If more waste can be accepted, the operator will add it to the load. Upon being properly loaded, the truck will "scale out," receiving a weight ticket, and pull off to a convenient location where the driver will tarp the load. PLEASE NOTE: The New Transfer Station Currently Being Planned Will Allow for Indoor Loading and Tarping of the Waste. The Town Anticipates Construction of the New Station Will Be Completed Sometime in 1998. Appendix E 3, RECYCLING OPERATIONS a) Following is a description of key elements of Southold Town's source separation and recycling program, 1. Procedures for implementing the current program. Collection Methods. Recyclables are brought to the Collection Center in two ways: a) self-hauled by residents, and b) hauled from curbside by private carters. a) Self-hauled recyclables are accepted during the Collection Center's regular hours, 7:00 am - 5:00 pm, Monday through Sunday. Self-haulers deposit the following items at the recycling drop-off station: 1 ) glass bottles separated by color;, 2) tin and aluminum cans into separate 2-cu. yard containers; 3) plastic containers; 4) polystyrene (PS)(#6 plastic); 5) mixed paper; and newspaper (ONP). Corrugated cardboard is also accepted, but at an outdoor "bunker" away from the main recycling drop-off station. The glass is deposited into 2-cu. yd containers. When full, the glass containers are carded via forklift from the drop off station to roll-off containers located at a below-grade storage area outdoors, approx. 60 feet to the north of the main collection building; the tin/aluminum cans are brought to an outdoor "bunker' (a 30' by 40' paved area enclosed on 3 sides by movable concrete block walls 4' in height); the plastic is hand-sorted to remove HDPE and PET containers, which are then baled in one of two small vertical downstroke balers. The remaining plastic consists of a mix of #2 color containers and other miscellaneous plastic. This mix is removed in a container via forklift and dumped in another outdoor bunker; the PS is placed into bags set up in one of two PVC frame bins at the drop-off station. There are separate PS bags for "peanuts" used in shipping packages, block used to pack electronic equipment, and food service containers. Mixed paper is dropped off into 4-cu. foot size gaylord boxes, which are then loaded via forklift into a van-type trailer for hauling to the recycler. Corrugated cardboard is deposited in an outdoor 'bunker'' to hold until there is enough to load an open-top trailer for hauling to the recycler. The corrugated bunker is shared with carters bringing in corrugated from curbside. ONP is deposited into small carts used to transport the paper to roll-off containers stationed at the outdoor storage area. The ONP is then hauled out under arrangement with a private firm. b) Private carters deliver source-separated curbside recyclables consisting of all the same items as self-haulers, with the exception of polystyrene (#6 plastic). The glass bottles (also separated by color) are delivered directly to the roll-off containers at the bi-level drop area; the tin/aluminum cans, plastic containers, and corrugated cardboard are brought directly to the outdoor "bunkers" that were mentioned above, the curbside plastic comes in at too fast a rate to allow it to be sorted to extract the valuable HDPE and PET. It is merely loaded loose into an open top trailer for hauling to the recycler. The haulers bring mixed paper to the same gaylord boxes used by the self-hauling public. They bring ONP directly to the roll-off in the bi-level area mentioned above. processinq Desi~/Description - The facility to which self-haulers bring their recyclables is a section of a large building (the Collection Center) that also houses an enclosed facility for the residential and commercial delivery of garbage, a mechanic workshop, and the Center's central office. The main residential self-hauler recycling drop-off area is on a covered concrete slab 50' by 25', open on one 50' side. It contains containers and bins for the drop off of glass (sorted into clear, green, and brown), plastic, tin and aluminum cans, and polystyrene. It also contains the vertical balers used to bale HDEP and PET plastic, which is separated from the mixed plastic stream by facility staff. The corrugated is deposited at an outdoor bunker that is also used by haulers delivering corrugated from curbside. Mixed paper is deposited, by both self-haulers and curbside haulers, to the gaylord boxes that are lined up along one Wall of the residential garbage drop-off floor. Curbside glass and ONP are delivered to roll-offs located in the bi-level drop area; curbside cans, plastic, and corrugated are delivered to the outdoor bunkers. 4. ACCOMPLISHMENTS/NEW ISSUES a) The 1996 period saw several significant and unique developments that contribute towards the MSW management goals set out in the SWMP. 1) Acquisition of Yard Waste Processin,q Equipment. In anticipation of r~ceiving ultimate approval of the Town's compost plan, the District acquired the necessary equipment to process and compost all of the yard waste currently generated within the Town. 2) Enhancement of Source-Separation Recyclin,q Pro,qram The Town adopted a design concept for a new transfer station that reinforces its ability to handle existing source-separated recyclables from both self-haulers and carters, and which provides for future expansion of the source-separation program. This demonstrates the Town's commitment to source-separation as the operating principle behind all of its recycling efforts, and as the means to achieving the recycling rates envisioned in the SWMP. Southold is unique in this regard. 3) Addition of Polystyrene to Source-Separated Recyclinq Proqram Southold became the first Town on Long Island to initiate a Town-wide polystyrene recycling program by participating in a pilot-project sponsored by the American Plastics Council (APC) and the County of Suffolk. Starting in May I996, the recycling center collected and shipped to a Long Island vendor 3 grades of polystyrene (#6 plastic). Approximately 2 tons of this extremely light material (600 cu. Yds) were collected and moved. One of the grades, packaging "peanuts," were delivered directly to package shipping outlets for re-use. 4) "Cans for Kids" Pro,qram. The Town initiated a drop-off program to collect 5¢ deposit aluminum beverage cans for use by a local youth environmental organization. We estimate approximately $15,000 worth of these cans are delivered to the recycling center each year. The Town solicited and received the cooperation of local beverage distributors and sales outlets to accept cans delivered by youth group members who will use the income to fund group activities, which include nature area cleanups, ecosystem study sessions, and recreational camping and field trips. The drop off facility is designed to keep cans sorted into the required brand--name groupings, thus making it easier for the group to redeem them. b) Issues with a potential effect on MSW haul and disPosal arrangements are listed below. Item Issue New Transfer Station Town plans to construct a new facility for receiving and transferring waste and recyclables adjacent to the existing transfer station. A conceptual design has been approved. Engineering specifications for the new station will be completed by early summer and submitted to the Town for approval and permit application to the DEC. Construction is expected to begin late in 1997. Existing loading patterns will be changed to accommodate construction activities. The Town will work with the contractor in advance to address any changes in loading arrangements, including any effects on the location where long-haul trailers are to be staged for loading or the time or days of week available for loading. Permit for Full Scale Yard Waste Compost Facility DEC approval of plan submitted in 1995. (May depend on ultimate approval of Closure Plan). Town continues with previously approved small-scale composting program as well as volume reduction of excess yard waste (shredding and chipping) for give-away program or use on-site as ground cover or slope-stabilizing medium. Capping and Closure of Landfill The Town is planning to begin capping and closure operations of the now inactive landfill (which is adjacent to the transfer station) within the next two years. This activity may have minor impacts on SW transfer operations due to increased traffic at the site or occasional diversion of resources to activities other than loading MSW. The Town will notify the contractor in advance if it appears that such impacts may result in delayed or postponed loading operations. ovwtranf APPENDIX E APPENDIX E JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTYIOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 1, 1997: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the removal of Municipal Solid Waste and Construction and Demolition Debris. Judith- T. Terry Southold Town Clerk April 2, 1997