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HomeMy WebLinkAboutSolid Waste Hauling & Disposal Services THf: STATE INSURANCE FUrl'. 199'':HURCH SlREET NEW YORK, N.Y. 1 OOu 7 212) 312-7368 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE RfCEIVlI) OCT j 3 1994 TOWN OF SOUTHOLD TOWN HALL 53095 MAIN RD POBOX 1179 SOUTHOLD NY 11971 SouIholcl Town ClMlo POLICY NUMBER *1041 321-9 DATE 9/28/94 CERTIFICATE NUMBER 472-930 ...................~~~iA$~W,;~t;m~%\l;~;i~~t~ ................ CERT~!=!CATE HOLDER LiCYi-iOLiJER TULLY CONSTRUCTION CO INC 127-50 NORTHERN BVLD FLUSHING NY 113681520 TOWN OF SOUTHOLD TOWN HALL 53095 MAIN RD POBOX 1179 SOUTHOLD NY 11971 THIS IS TO CERTIFY THAT THE POLICYHOLDER NAHED ABOVE IS INSURED WITH THE STAT: INSURANCE FUND UNDER POLICY NO. 1041 321-9 UNTIL 3/01/95, COVERING THE ENTIR: OBLIGATION OF THIS POLICYHOLDER FOR WORKERS' COMPENSATION UNDER THE NEW YORK WORK ERS' COMPENSATION LAW WITH RESPECT TO ALL OPERATIONS IN THE STATE OF NEW YORK EXCEPT AS INDICATED BELOW. IF SAID POLICY IS CANCELLED, OR CHANGED PRIOR TO 3/01/95 IN SUCH HANNER A' TO AFFECT THIS CERTIFICATE, 5 DAYS WRITTEN NOTICE OF SUCH CANCELLATIOi ;.JILL BE GIVEN ~n 'v i~-I::: CERTIFICATE HOLDER A~OVE. NOTICE BY REGULA-R. MAIL 51 ADDRESSED SHALL BE SUFFICIENT COMPLIANCE WITH THIS PROVISION. THE STATE INSURANC: FUND DOES NOT ASSUME ANY LIABILITY IN THE EVENT OF FAILURE TO GIVE SUCH NOTICE THIS CERTIFICATE DOES NOT APPLY TO BUILDING DEMOLITION. THIS CERTIFICATE DOES NOT APPLY TO THOSE JOB SITES WHICH ARE COVERED BY OTHE: INSURANCE AND ARE SPECIFICALLY EXCLUDED BY ENDORSEMENT. THE STATE INSURANCE Ft; h( rd~ DIRECTOR, INSURANCE FUND UNDERW .- FIRST CLASS U.S. POSTAGE PAID NEW YORK N.Y. PERMIT NO. 926 l~ ::LfD~~D.1I. ID P OlOl 1179 SOD'.OLD ., 11971 11 "l7i -eOlSq 1...11...111 .1..1...1. It 1111... h lu.I,I,I,I..I. It IM....I." . ,. '~~,,',,~, <i 1:0.;: 4c. ~. , .-. ~..~~;..- 'iiW~ .'1 .-- To ~p.n This Side - Slide Finger Under Thll Edg'-. '. . , JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFlCER RECORDS MANAGEMENf OFFlCER FREEDOM OF INFORMATION OFFlCER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 5, 1994 Peter K. Tully, Vice President Tully Construction Co., Inc. 127-50 Northern Boulevard Flushing, New York 11368 Dear Mr. Tully: Town Hall, 53095 Main Road P,O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Inasmuch as we now have an executed contract for the hauling and disposal of solid waste for the Town of Southold, I am returning herewith your Bid Bond. Very truly yours, ~~ Judith T. Terry Southold Town Clerk Enclosure . . "Ask Us' ~ Fuller & O'Brien, incorporated, Surety Bonds & General Insurance, P.O. Box 1099. Aibany. New York 12201 Phone: (518) 463.3181 I Mr. Kenneth A. Tully Tully Construction Co., Inc. 127-50 Northern Blvd. Flushing, New York 11368 .~ i L I ----.J Gentlemen: . Contractor: Tully Const. Co., Inc. Processing Date: Bid Date: Carrier: Owner: Town of 5-23-94 5-26-94 Express Southold, NY Project: Solid Waste Haul- Disposal SerVices E.c.P.: $2,300,000.00 B.B. Amount: $100,000.00 Co.(s) Reliance Enclosed you will rind a bid bond in the re 'red amou t covering the above captioned project. Kindly have the appropriate parties sign as indicate be 0\ Please notify us of these bid res Fuller & O'Brien, Inc. lag Signatures Timothy . Tyrrell Additional ReqUIrements: Kenneth .\ . . INFORMATION SCHEDULE K FORM OF BID BOND TULLY CONSTRUCTION CO., INC. KNOW ALL MEN BY THESE PRESENTS, that we, the under-signed, ---- as Principal, and RELIANCE INSURANCE COMPANY as Su.ety, a.e hereby held and firmlLl bound unto TOWN OF SOUTHOLD, NEW YORK One Hundred Thousand and No/100----~--_ sum of ($100,000.00) --___::-_________:.::.________ as Owner in the for the payment of which, will and truly be made, we he.aby Jointly and severally bind ourselves, Our heirs, executors, administrato.s, successo.s and assigns. Signed this ~~1L day of ~ ----____1 lS--2i. The condition of the above obligation is such that whereas the Principal has submitted to the Town of Southold a certain Bid, attached hereto and he.eby made a pa.t he.eof to enter into a cOntract in writing", fo. the hauling and disposal of solid waste; NOW. THEREfORE, " (a) If said Bid shall be .eJected or in the alte.nate, (b) If said Bid shall be accepted, and the Pr-incipal Shall execute end deliver an Agl'"eement in the fo.m of the Sampl p. Operating Agreement attached hereto (pc"oper-Iy completed in ACCo.dance with said Bid) and shall furnish ce.tifjcates of Insurance and a bond FOt" this faithful pe.formence of said Ag.eement, and for the pe\lment of all per-sons perfor-ming lebor- 0[" Fur-nishing materials in connection the.ewith, and shall in all other respects perform the Agreement created bu the acceptance of said Bid, then this Obligation shall be void, othe.wise the same shall remain in force and effect; it beIng expresslU understoOd and agreed that the liabl11tu of the Suretu for any and all claims hereunder Shall, in no event, exceed the penaJ amount of this obligation as herein stated. Form of Bid Bond BID (PROPOSAL) FORM Schedule 5.0.K Palle 1 of 3 . . The Surety, for value received, hereby stipulates and agrees that the obligations of said Suretu and its bond shall be in no way impaired or affected by anu extension of the-time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF. the PrinCipal and the Surety have hereunto set their hands and seals, and such or them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. TO LY INC. -. & I~ ..- (L.S,) Pri cipal Kenneth A. TuJ4y;- President- RELIANCE INSURANCE COMPANY sur~- " BU: vY~ -T:M.-TYtJn, Allirney-i-;;:F~------ Address of Surety: _llenn Cent,er Plaza ._Philadelphia.... PA..lWL__ SEA.I. (ACKNOWLEDGEMENT BY CONTRACTOR. IF A CORPORATION) STATE OF: NEW YORK ) Form of Bid Bond BID (PROPOSAL) FORM COUNTY ALBANY ) SSN: _____ On this 26th day of May lS~. bp.for"e me personalll.l-came" Kenneth A. tuHy to-~e knouon, who being duly sworn, did depose and say that he resides in Plandome Manor, New York . that he is the President. - of the 'fULLY CONSTRUCTION CO.. INC. corporation described in and which -executed t~~egorng instrument; that he knows the seal of the corporation: that the seal affixed to the instrument is such corporate seal; that il Was so affixed bu the order of the Board of Directors of the corporation; and thet he signed his neme there ~ by ke order. Notaru Public Albany Cau Comm. Exp. 9-30-94 Schedule 5.0.1< Page 2 of 3 .. .. . (AC BY CONTRACTOR. If A PARTNERSHIP) ) ) SSN:______________ COUNTY of _. 19___. __. to me before knOILln I me and On this__ pe["sonall!,l cam known to me to b and known to me 0 executed .the for of executed the and purposes same for a mentioned the firm of _____________ individual described in. and who oing instrument in the firm name . and he duly acknowledged to me that he 1n the behalf of said firm For the uses ein. Public (ACKNOWLEDGEMENT BY INDIVIDUAL STATE OF! COUNTY ) SSN: --- Notary Public fore me personally nown and known to the foregoing he seme. On this came be the person instrument end da!,l of . 19_. __I to me des~ribed in and who execut duly acknowledged that he executed Form of Bid Bond . BID (PROPOSAL) FORM Schedule 5.0.K Page 3 of 3 " . . RELIANCE INSURANCE CC):M:PANY PHIlADElPHIA, PENNSYLVANIA PRINClPAL'S ACKNOWLEDGEMENT-IF INDMDUAL OR FIRM Stale ol_ YOlk. County of On this ss: day 01 .19 . beIo<e me personally came to me known to be (the incIivIdU8I) Cone olthe film of ) described In .... who executed the -.. -"ment. .... he lheteupon duty acIcnowtedged to me !hat he executed lIIe same (as the ael .... deed of said finn~ NofaJy Public PRINCIPAL'S ACKNOWLEDGEMENT-IF A CORPORA nON Stale ol_ YOlk. County of Albany as: Onthis 26th daY of May .1994 .beIoremepersonallycame Kenneth A. Tully Plandome Manor. New York ::"'~'i:""'P~':!.t:lt,:!meduly_depDlel""says:Thathe~J'LLY CONSTRUCTION CO.. INC. a. ~dun d II :,Ib.d In .... wtIicIl -__ a. wllhin Instrumenl; !hat he ~ a. _ ol a. ... co,po,'Illiooo; lhat the ... aftiloed to the aid ~ Is _ -~..r; thet It was eo affoxed by _ olthe Board ol 0lrecI0nI ol!he aaId CClfJIOoatlon. and !hat he Iigned his name to !he aaId lmIIrument by Uke ordet. Alb C any ounty Comm. Exp. 9-30-94 SURETY COMPANY'S ACKNOWLEDGEMENT V~I~ Notaiy . State ol_ YOlk. County of Albany as: On this 26 t h day ol May . 1994 . beIonI me personalty came T. M. Tyrrell to_"'-wIlo,belngby-dulyawom,clclcIepose_aay:1IletheAllldeeIn Albany, New York : !hat he.. J\IIo.jA.. In Fa ol.. .......NCE llSURN<<:E COMPiI\HY." co,.~I.Ilo. deecribed...... wtlIclI__'*'!he loregolAg 11II1Lm Iftt lhat he ~ .. co,po,'" _ CII aalcI ~ ... .. ... .... to ... ............ _ co,po,... ... of said ~ I . nr, lhat . - 80 ..... .., .. ...~ .h ...d to .... .. I III ....._ ... .. ..,...... at..... -r -.~ ... he __ his -...... br" ~...... 'IJl f............ CII___ at....... ol.... yadl....II'--.. CI -+1 r 882 CII.. ~ at !he.....at....y-=-'!'~___ 'I ling '7 J..... 28 at.. ColIM-rJ1 f~at"""'at....YGIIc~....~ Law,..... to.. llIllRNlCE OOIIIMNY.... _............ II . .... 1 ...." ftU III ......,or D ........on d bonda. llDlNtbdJ _ 1eOOyo' -I". DU- II _ olher ~ko.. NquiNcI or pe.4LIBJdbrlolw; _...._ _....... ... not ~- . Albany County /1 Comm. Exp. 9-30-94 ~ ASSETS Cuh.... Bank 0ep0siIs .................... $ C3.181.362J Sec:uIItieo ...................... .. .. ... .. . . 3.139,765.232 ........ Go' --. (under 90 0ay3) ........... 9.541.(112 AccNecI............ Di.idend~ ............... 34.229.633 ~ Income Taxes ...................... 16,180.386 Olher"- .............................. 1.~-""" T_ AdmilIod Assets . __.................. $ 4.599.400.940 FInancial Statement December 31. 1993 UAB1UTIES ~""LossAdjustmenl"- ......... $ 2.519,849.366 u.-nect "'- ........... __ .... .. . .. .. 703.528.575 OlherTaxes ..... --........ __.......... __.. 6.527,322 0Iher liIIbiIities .... --..... __...... __.. __... 462.213.282 T_ UablIities . .......................... $ 3.692.118.545 SloIe 01 Walli...."", ) ss. CounlyollOng I CAPITAl AND SYBf>WS CapilaIPaldUp ............................ $ ~197 SUrplus ..... . .... .. .. .. ..... .. .. .. . .. .. __ 243.027.198 TolaI PoliqlloIdets' SUrplus .............:.. 907.282.395 T olaI LiablIlties. Capital .... Surplus .............. --...... ....... $ 4.599.400.940 Lo.___ W. ClIIlIlrom, being _ _ _ Tbet he Is 1IioI P. 'II.~ ollhe IlEUAHCE INSURANCE OO~ _ _ __,y Is a .4CN~ 1.'ln .., ..~~......... J1. _ J I .. In ho .'~ _ . ..., br'" or...... 01... C _.~-AI. .. .....-;tuMIa. and ... duty ,-.'........n..n ................:.: .n_~ . N. ..- Ulto8llld~_~.....duIr. ~ ftD.........,underalCh ......__11 .1....._ ~.ld..._iSduIy. r....'IIO__IInIy_...AclolC. ._olV~1 ll13.1l182,_a....._ 131 u.s.c. SlI301 ... eeq.);.......... .'1'11 Is . .... _ _ ......- I' 1 n lnt ol... __ .... 1IIl', I ol_ ....._lyon...31. d8y ol Dece..h.1993. !. s-n1O___this31I1dayol-..1994. ~9. t:./. ~ t;4___ ~ ~ v..._ or..,.............. .NU.. L ~0 ~ 1.0 C~UAL TY IN::;Ut(AN~t:. . BINDER . LIBER1Y rt& MUTUALJMi WITH RESPECT TO GL COVERAGE. THIS POLICY PROVIDES 0 Claims Made iii Occurrence 'iURED ~p,:l A ttA~hM T .1G:t ADDRESS Pending the issuance of the policy or policies of the type or types described below. LIBERTY MUTUAL INSURANCE GROUP agrees to insure the insured. but only for the coverages indicated. in accordance with the provisions of the policy or policies in current use by it. The limit of the Company's Liability or Amount of Insurance against each such coverage shaH be stated herein. subject to all the terms of the policy having refer- ence thereto. and no insurance is provided for coverages for which no such limit or amount is stated. Issuance of the executed policy or pOlicies voids this binder as of the effective date of such policy.__ This binder may be cancelled (1) by the company by written notice to the insured at the address shown above stating when thereafter such cancellation shall be effective, or (2) by the insured by mailing written notice to the company stating when thereafter such cancellation shall be effective. This binder shall be effective on 5/05/94 at 12:01 A.M., and unless previousiy cancelled, shall expire on 7/04/94 at 12:01 A.M., Standard Time, at the address of the' insured. POLICV SY MBOl. POLICV NUMBER (TO BE ASSIG"":O) TYPE OF POLICY LOCA nON NUMeEI't LOCATIONS TO WHICH BINDER APPLIES TP 3.6 miles of asphalt concrete resurfaci on Route 1-678 Queens CO~\ ,,' , ~~(_:::. Contract #D256067\ ~')~ , ',J- ~~ , ~~~ ',' ";,.. 'j)\ ., ~. ~\ \ /r \;;.~-\ \ 0."; \G- ,. , , LIMITS OF LIABILITY FOR WORKERS' COMPENSATION, EMPLOYERS' LIABILITY AND GENERAL LIABILITY: '\, WOR~~~OCy~~~,Etl~r~m AND =l SPECIAL PROVISIONS OR AMOUNTS OF INSURANCE FOR OTHER CASUALTY Owners' and Contractors' Protective Liability STATES COVERED LIMIT Of liABILITY - COVERAGE B BODilY INJURY Fri ACCIDENT S EACH ACCIDENT BODilY INJURY fJV DISEASE S POLICY LIMIT BODILY INJURY fJV DISEASE S EACH PERSON DESIGNATION OF CONTRACTOR: Tully Construction Co., Inc. 127-50 Northern IDvd. Flushing, NY 11368 81 & PO LIMITS OTHER LIMITS FIRE LEGAL * MEDICAL UAS. Per Fire PAYMENTS * PERSlAOV. INJURY Pet_ororg. POL. SYM LOC. NO. GEN'I. AGGREGATE Other than ProdJComp Op PRODUCTSICOMP. OPS AGGREGATE EACH OCCURRENCE TP 1 2,000,000 1,000,000 DEDUCTIBLE $ Retroactive Oat. is as defined in the policy ..d is the .am. _ the Mfecttve date unl... otherwtee ~ h.....n. RETROACTIVE DATE: * SUbject to 0CCUf'f1IttCe limit This binder when duly counlet8lgned is lMued on behalf of LIBERTY MUTUAL I NSURANCE GROUP, herein referred to as the Company as respects the indicated ~erages under forms customarily written in such Company. SAUS IE' AND SALES amCE Gault 216 POLICY I$SUI.. MflCE OIIorN. New Castle I New TYI'ElIIY DATE TF I 5/12/94 Approved By: Jim Wenhold - Lynbrook BAU Liberty Mutual Insurance Group ~. ~~L.C~-- ~.~~... ....~.... ..,,,..,.'" J""""Uu.,,:~.__ By A.'hori............. t . . ~~ __ _ 0.;.........;.. 1 t ~ 1\ j.iberty Mutual Insurance Gmaa !'IV., '::'0')0.!..'::' CAJi,.UAL TV INSUHANCE . BINDER . LIBERTY fa MUTUAL~ WITH RESPECT TO GL COVERAGE, THIS POLICY PROVIDES 0 Claims Made I] Occurrence VREo TULLY CONSTRUCTION CO., INC. 127-50 N0R'I'HF.'RN RT.Vn ADDRESS 1>T,TJ~HTN(1, NY 11 :>6!l Pending the ~ssuance of the policy or policies of the type or types described below. LIBERTY MUTUAL INSURANCE GROUP agrees to insure the insured. but only for the coverages indicated. in accordance with the provisions of the policy or pOlicies in current use by it. The limit of the Company's Liability or Amount of Insurance against each such coverage shall be stated herein. subject to all the term. of the policy having refer- ence thereto. and no insurance is provided for coverages for which no such limit or amount is stated. Issuance of the executed policy or policies voids this binder as of the effective date of such policy. _ This binder may be cancelled (1) by the company by written notice to the insured at the address shown above stating when thereafter such cancetlation shall be effective. or (2) by the insured by mailing written notice to the company stating when thereafter such cancellation shall be effective. This binder shall be effective on 4/30/94 at 12:01 A. M., and unless previously cancalled, shall expire on 7 /30/94 at 12:01 A.M., Standard Time. at the address of the insured. ,"OLley SYMBOL POLICY NUMBER (TO Be:: ASSIGNED) TYPE OF POLICY LOCATION NUM8ER LOCATIONS TO WHICH BINDER APPLIES TH Umbrella Excess Liability 1 127-50 Northern IDvd., Flushing, NY LIMITS OF LIABILITY FOR WORKERS' COMPENSATION. EMPLOYERS' LIABILITY AND GENERAL LIABILITY : WOR~~~O~~W~,Et:rsT~~ AND ~ SPECIAL PIIOVlSIONS 011 AMOUNTS OF INSUIlANCE FOil OTHl!II CASUALTY POLICIES STATES COVERED LIMIT, OF LIABILITY - COVERAGE B BODILY INJURY f1'f ACCIDENT S BODILY INJURY SV DISEASE S BODILY INJURY f1'f DISEASE S EACH ACCIDENT POLICY LIMIT EACH PERSON BI & PO LIMITS OTHER LIMITS FIRE LEGAL * MEDICAL LIAS, Per Fire PAYMlINTS * PERSlAOV. INJURY ....._CH"Org. POL SYM LOC. NO. GEN'L AGGREGATE Other than ProdIComp Op PAOOUCTSlCOMP, OPS AGGREGATE EACH OCCURRENCE TH 1 10,000,000 10,000,000 10,000,000 DEDUCTIBLE $ AetroKt~ Date is .. defined in the polley and is the aam. .. the effective date unl... otherwtMltatad .......n. RETROACTIVE DATE: * Subject 10 _Iknlt This binder when duly countersigned is Issued on behallol LIBERTY MUTUAL INSURANCE GROUP, herein referred to eo the Company eo respects the. Indicated coverages under forms customari.y written In such Company. Approved By: Jim Wenhold - Lynbrook BAU SALES ItP MID SALES OfFICI: ~-ZV~~L.C.~,-.....K~ f.! J., .................... MCRETARY JPAESlOENf r:OUDteni~ ReJH'eHII18tivfl G t 21 POUC\'lSSlItllComer N_ Castle TYl'lO IV t.."berty Mutualluswanc:e Group o_;~.~... ,_,'... . . . 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 andlfirmly bound-to--the Town of Southold (hereinafter called the "Owner") in the full and just sum of dollars ($______) good and lawful money of the United States of America, for the payment of which sum of money, well and truly to be made and done, the Principal binds himself, his heirs, executors, administrators and assigns and the Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a Agreement bearing date on the ,199~, with the Owner Southold Solid Waste Haul-Disposal Services, Agreement is annexed to and hereby made part though herein set forth in full. certain written day of for the Town of a copy of which of this bond as NOW, THEREFORE, the conditions of this obligation are such that if the Principal, his or its rep~esentatives o~ assigns, shall well and faithfully comply with and perform all the terms, covenants and conditions of said Agreement or his (their, its) part to be kept and performed and all modifications, amendments, additions and alterations thereto that may hereafter be made, according to the true intent and meaning of said Agreement, and shall fUlly indemnify and save harmless the Owner from all cost and damage which it may suffer by reason of failure so to do, and shall fUlly reimburse and repay the Owner for all outlay and expense which the Owner may incur in making good any such default, and shall protect the said Owner against, and pay any and all amounts, damages, costs and judgments which mayor shall be recovered against said Owner or its officers or agents or which the said Owner may be called upon to pay to any person or corporation by reason of any damages arising or growing out of the doing of said work, or the repair of maintenance thereof, or the manner of doing the same, or the neglect of the said Principal, or his (their, its) agents or servants or the improper performance of the said work by the said Principal, or his (their, its) agents or servants, or the infringement of any patent or patent rights by reason of the use of any materials furnished or work done as aforesaid or otherwise, then this obligation shall' be null and void, otherwise to remain in full force and effect; Performance Bond BID (PROPOSAL) FORM Schedule 5.0.L Page 1 of 2 . . PROVIDED HOWEVER, the Surety, for value received, hereby stipulates and agrees, if requested to do so by the Owner, to fully perform and complete the work mentioned and described in said Agreement, pursuant to the terms, conditions, and covenants thereof, if for any cause the Principal fails or neglects to so fully perform and complete such work and the Surety further agrees to commence such work of completion within ten (10) calendar days after written notice thereof from the Owner and to complete such work within ten (10) calendar days from the expiration of the time allowed the Principal in the Agreement for the completion thereof; and further PROVIDED HOWEVER, the Surety, for value received, for itself and its successors and assigns, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by an extension of time, modification, work to be performed thereunder, or by any payment thereunder before the time required herein, or by any waiver of any provisions thereof, or by any assignment, subletting or other transfer of any work to be performed or any monies due or to become due thereunder; and said Surety does hereby waive notice of any and all of such extensions, modifications, omissions, additions, changes, payments, waivers, assignments, subcontracts and transfers, and hereby expressly stipulates and agrees that any and all things done and omitted to be done by and in relation to assignees, subcontractors, and other transferees shall have the same effect as to said Surety as though done or omitted to be done by or in relation to said Principal. IN WITNESS WHEREOF, the Principal has hereunto set his (their, its) hand and. seal and the Surety has caused this instrument to be signed by its and its corporate seal to be hereunto affixed this day of 188'f. (If Corporation add Seal and Attestation) Principal By: ------------------------- Attest ------------------------ Add Corporate Seal Surety ------------------ By: --------------------- Attest Address of Surety Performance Bond BID (PROPOSAL) FORM Schedule 5.0.L Page 2 of 2 . . INFORMATION SCHEDULE M NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belied, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) ~ P. er K. Tully (Corporate Title) (if any) Vice President Bid on May 26,. 1994 Non-Collusive Certificate BID (PROPOSAL) FORM Schedule 5.0.M .. . . . . THIS July AGREEMENT, made on the 1st day of ,199~, 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 Tully Construction Co., Inc., having its principal place of business at 127-50 Northern Blvd., Flushing, New York 11368 , hereinafter called the "Contractor. WIT N E SSE T H: WHEREAS, Contractor has submitted to the Town a bid dated May 26, 199~ ("Bid") in response to the Town's Bid Solicitation for Hauling-Disposal Services ,("Solicitation"); and dated April 29, 1994 WHEREAS, the Town Board of the Town of Southold by resolution II 31 adopted on June 14, 1994 , authorized the Town Supervisor to enter into an agreement with the Contractor to perform certain services in connection with the handling of solid waste, NOW, THEREFORE, it is mutually covenanted and agreed by and between the parties hereto as follows: 1. DEF I N IT IONS Terms defined in the Bid Solicitation shall have the same meaning as if defined herein. II. SCOPE OF SERVICES The Contractor shall perform the ,services in accordance with the description of those services as set forth in the Solicitation. APPENDIX A-1 , . . . III. TERM OF AGREEMENT The term of this Agreement shall be Three (3) years commencing on July ~-, 199~. If the Town enters into an intermunicipal solid waste haul/disposal agreement the Town may terminate the agreement at any time during Agreement years two (2) and three (3) by giving six (6) months writt~ notice to the Contractor. 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 A. The Contractor shall receive monthly payments for services performed during the prior calendar month. The Contractor shall submit a request for payment on a Town approved voucher form along with Contractor's invoice which shall include a daily summary of tonnage hauled by Contractor to a Disposal Site and disposed by Contractor at a Disposal Site 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 ~-- ,. . . Cont.acto. o. to p.otect the Town f.om 1055 on account of any claims filed o. .easonably anticipated to be filed. VI. CONTRACTOR'S WARRANTIES AND REPRESENTATIONS Cont.acto. makes the following wa..anties and .ep.esentations: A. Cont.acto. .ep.esents that the Town has made no commitment unde. this Ag.eement with .espect to the volume of solid waste to be handled by Cont.acto. du.ing the te.m of this Ag.eement. B. Cont.acto. comply with all fede.al, state .egulations applicable to all of Cont.acto.. wa..ants that Cont.acto. shall and local laws, o.dinances o. the se.vices to be pe.fo.med by C. Cont.acto. .ep.esents that the info.mation fu.nished by Cont.acto. in the equipment schedules included in the bid is accu.ate and complete and Cont.acto. acknowledges that Town has .elied upon the accu.acy and completeness of that info.mation in the selection of Cont.acto. as the lowest .esponsible bidde.. D. The Cont.acto. .ep.esents that Contractor shall utilize its best efforts to insure that Minority and Women Owned Businesses (MBE's and WBE's) have the opportunity to participate as subcontractors under this Agreement. In the event the contractor subcontracts twenty-five percent (25%) or more of its work her~under, Contractor shall submit to the Town an MBE APPENDIX A-3 . . and a WBE Utilization Plan, prior to execution of this Agreement. E. . In the event the Contractor's Disposal Site is unable to receive and~dispose of the Town's waste for any reason (including failure to obtain or maintain necessary permits or licenses), Contractor shall be responsible for providing to the Town an alternate Disposal Site for the Town's use at no additional cost to the Town, and shall indemnify the Town against any additional hauling cost by the Town or its agent because of the location of the alternate Disposal Site. Under no circumstances shall a change in Disposal Site(s) or failure or inability to obtain or maintain necessary permits by the Contractor be considered a change in conditions. In the event the Contractor is unable to find an alternate Disposal Site(s), he shall be deemed to be in default of this Agreement and liable for damages, bond forfeitures and other expenses as provided in the Agreement. VII. INDEMNIFICATION INSURANCE/BONDS A. Contractor agrees to defend, indemnify and save harmless the Town of Southold against any and all liability, loss, damage, detriment, suit, claim, demand, cost, charge, attorney's fees and expenses of what ever kind or nature which the Town may directly or indirectly incur, suffer or be required to pay by reason of or. in consequence of the Contractor carrying out or performing under the terms of this Agreement, or failure to carry out any of the provisions, duties, services or requirements of this Agreement, whether such losses and damages APPENDIX A-~ . . a~e suffe~ed o~ sustained by the Town di~ectly o~ by its employees, licensees, agents, enginee~s, citizens o~ by othe~ pe~sons o~ co~po~ations, i~cluding any of Cont~acto~'s employees o~ agents who may seek to hold the Town liable the~efo~e. This obligation shall be ongoing, shall su~vive the te~m of this Ag~eement and include, but not be limited to, claims conce~ning non-sudden envi~onmental impai~ments. The Cont~acto~ shall join in the commencement of any action o~ p~oceeding o~ in the defense of any action o~ p~oceeding which in the opinion of the Town constitutes actual o~ th~eatened inte~fe~ence o~ inte~~uption with the Town's ~ights he~eunde~, including all appeals which, in the opinion of the Town, may be necessa~y. B. Cont~acto~ shall p~ocu~e and maintain the insu~ance desc~ibed in Section A of the Solicitation fo~ a pe~iod commencing on the date of this Ag~eement and te~minating no ea~lie~ than one yea~ fOllowing te~mination of se~vices unde~ this Ag~eement. All such insu~ance cove~age shall name the Town as an additional insu~ed and shall p~ovide that the cove~age shall not be changed o~ canceled until thi~ty (30) days w~itten notice has been given to the Town. All such insu~ance shall be issued by a company dUly autho~ized to t~ansact business in the State of New Yo~k and acceptable to the Town and shall include all ~ide~s and additional cove~age necessa~y to insu~e that .Cont~acto~ will be financially able to meet its obligations unde~ the fo~egoing indemnification. APPENDIX A-S . . C. Contractor sha 11 , fo.r the period of the performance of services hereunder, maintain a Performance Bond in the amount of one million-($l,OOO,OOO.OO) dollars wherein named obligee is Town of Southold. The Bond shall be in a form acceptable to the Town Attorney and issued by a surety licensed to do business in New York as a surety. VIII. FORCE MAJEURE If either party is delayed or prevented from fulfilling any of its obligations under this Agreement due to any act, event or condition, whether affecting the Town, the Contractor, the Disposal Site or any of the Town's or the Contractor's respective subcontractors or suppliers, to the extent that it materially and adversely affects the ability of either party to perform any obligation hereunder (except for payment obligations), and if such act, event or condition is beyond the reasonable control and is not also the result of the willful or negligent action, inaction, or fault of the party relying thereon as Justification for not performing an obligation or complying with any condition required of such party under the Agreement,. the time for fulfilling that obligation shall be extended day-by-day for the period of the uncontrollable circumstance; provided, however, that the contesting in good faith or the failure in good faith to contest such action or in action shall not be construed as willful or negligent action or a lack of reasonable diligence of either party. Subject to the foregoing, such acts or events shall include the following: APPENDIX A-6 . . (1) an act of God (but" not including r-Basonably anticipated weather- conditions for- the geogr-aphic ar-ea of the Town or- Disposal Site), hur-r-icane, landslide, lightning, ear-thquakB, fir-e, explosion, flood, sabotage or- similar- occur-r-ence, acts of a public enemy, extor-tion, war-, blockade or- insur-r-ection, r-iot or- civil distur-bance; (2) the failur-e of any appr-opr-iate feder-aI, state, county, town or- local public agency or- pr-ivate utility having jur-isdiction in the ar-eas in which the Tr-ansfer- Station or- Disposal Site is located to pr-ovide and maintain utilities, ser-vices, water- and sewer- lines and power- tr-ansmission lines which ar-e r-equir-ed for- the oper-ation or- maintenance of the Tr-ansfer- Station or- Disposal Site; (3) gover-nmental pr-e-emption of mater-ials or- ser-vices in connection with a public emer-gency or- any condemnation or- other- taking by eminent domain of any por-tion of the Tr-ansfer- Station or- Disposal Site; and (~) the pr-esence of hazar-dous waste upon, beneath or- migr-ating fr-om the Tr-ansfer- Station. It is specifically under-stood that none of the following acts or- conditions shall constitute uncontr-ollable cir-cumstances: (a) gener-al economic conditions, inter-est or- inflation r-ates, or- cur-r-ency fluctuations; (b) the financial condition of the Town, the Contr-actor-, any of its affiliates or- any subcontr-actor-; (c) union wor-k r-ules, r-equir-ements or- demands which have the effect of incr-Basing the number- of employees APPENDIX A-7 . . employed otherwise increase the cost to the Contractor of' operating its haul operation or the Disposal Site (d) equipment f'ailure; (e) any impact-nf' prevailing wage law, customs or practices on the Contractor's costs; (f') any act, event or circumstance occurring outside of' the United States, or (g) any change in law or in the permit conditions or status of' the Transf'er Station Disposal Site or alternate Disposal Site. IX. SUBCDNTRACTS Contractor shall not enter into any subcontracts in connection with the services to be perf'ormed by Contractor hereunder without the prior written approval by the town of' such subcontracts. All such subcontracts shall make express ref'erence to the terms and conditions of' this Agreement and shall obligate the subcontractor to comply with all applicable f'ederal, state and local laws, ordinances or regulations relating to the services to be perf'ormed under the subcontract. In the event the subcontractor is required to f'urnish any insurance or bonds f'or the benef'it of' Contractor, the Town shall also be named as an additional insured or obligee. X. PREVAILING WAGE RATES Contractor agrees to comply with the provisions of' the New York State Labor Law relating to the payment of' prevailing wage rates to the extent applicable, or the applicable State Law in the state of' disposal. In the event that at any time during perf'ormance under this Agreement the Contractor is required to increase the wages paid to any of' its employees as a APPENDI X A-8 . . result of such requirement, all costs ~esulting there from shall be borne exclusively by Contractor. XI. FORCED ACCOUNTING In the event the Town directs the Contractor, by written authorization signed either by the Town Supervisor or Town's Solid Waste Coordinator, to perform additional services beyond the scope of those described in this Agreement, the Contractor shall be compensated for such additional services on the following basis: TOTAL COMPENSATION FOR ADDITIONAL SERVICES DIRECT LABOR COST + DIRECT MATERIAL COST + OVERHEAD + PROFIT For the purposes of this Section: A. DIRECT-LABOR COST shall include hourly wages, including overtime premiums actually paid plus the following fringe benefits associated with those wages - group medical, group life insurance, pensions, FICA, uniforms, safety equipment or special tools. These fringe benefits shall be separately identified and shall not duplicate fringe benefits paid in connection with work performed within the scope of the Agreement. B. DIRECT MATERIAL COST shall be those costs actually paid by Contractor for materials utilized by Contractor in performance of the additional services. The costs for such materials shall not include sales tax for any materials which constitute personal property incorporated into the structures, buildings, or real property of the Town since such personal APPENDIX A-9 . . property is exempt from taxation under Section 1115 of the New York State Tax Law. C, OVERHEAD shall be 10% of the total of the Direct Labor Costs and the Direct Material Costs. D. PROfIT shall be 5% of the total of the Direct Labor Costs, the Direct Material Costs and the Overhead. XII. CONTRACTOR'S OPERATIONS AND PROCEDURES REPORTS Contractor will provide the operating plan and supporting data listed in Sections A and B of the Solicitation to the Town for review and acceptance. Contractor will update the plan as necessary and furnish copies of those updates to the Town. XIII, DEfAULT In the event the Contractor fails to perform its obligations under the Agreement, the Town may terminate the Agreement, procure the services from other sources and hold the Contractor responsible for any costs incurred, The Town also may deduct such costs from payments owing to the Contractor and/or draw upon the Performance Bond as full or partial reimbursement for such excess costs, The Town reserves the right to terminate the Agreement for just cause. XIV. 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 Contractor submits a Bid APPENDIX A-IO . . fo~ a Disposal Site fo~ which Cont~acto~ does not cu~~ently have all necessary federal and state permits, or which after the acceptance of the Bid loses its permitted status, Contractor shall, at its sole risk and expense, be responsible for obtaining and/or renewing its permits or providing the Town an alternate Solid Waste Disposal Site at . no additional cost (disposal plus any additional hauling) to the Town. The parties agree that this is a full service Agreement and failure of the Contractor to provide the identified Disposal Site or acceptable alternative Disposal Site, on or after the commencement date shall constitute a breach of this Agreement. The Contractor accordingly shall not be excused from its obligations hereunder by reason of any failure to obtain or maintain its permits at the identified Disposal Site. XV. LIMITATION OF 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 liability beyond those available by authorization of the Town Board as of the date of this. Agreement. XVI. DISPUTES/ARBITRATION Any disputes between the parties to this Agreement may be referred to arbitration by mutual agreement of the parties. Absent such an agreement, any actions or claims by either party hereto shall be commenced in Supreme Court, Suffolk County, New York. APPENDIX A-ll . . In the event the parties agree to arbitrate a dispute, such arbitration shall be conducted in accordance with the rules of the American-Arbitration Association. In no event shall any demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitations. An award rendered by arbitrators following any such arbitration shall be final and Judgment may be entered upon it in accordance with applicable law in any court having Jurisdiction thereof. XVII. MISCELLANEOUS A. This Agreement shall be governed by the laws of the State of New York. B. Contractor shall not assign, conveyor otherwise transfer its rights or obligations under this Agreement without the prior written consent of the Town. C. This Agreement, including all Exhibits and documents referred to herein, along with the Specifications, Solicitation and the Bid, and all Appendices and Exhibits thereto, represent the entire agreement between the Town and Contractor relating to the Services to be performed hereunder. This Agreement may be modified only by written agreement of Contractor and the Town. D. To the extent of any inconsistency among the documents constituting the agreement of the parties, the priority among those documents shall be: APPENDI X A-12 . . 1. This Agr-eement; 2. Exhibits her-eto; 3. The Solicitation including Appendices; ':I. Contr-actor-'s Bid. E. Without limiting any other- r-ight and/or- r-emedy which the Town may have at law or- under- this Agr-eement, if the Contr-actor- is adjudged bankr-upt or- makes an assignment for- the benefit of cr-editor-s or- a r-eceiver- is appointed for- the Contr-actor- or- any insolvency ar-r-angement pr-oceedings ar-e instituted by or- against the Contr-actor-, the Town may ter-minate this Agr-eement. F. Contr-actor- agr-ees that it will conduct itself consistent with its status, said status being that of an independent contr-actor- and, Contr-actor-, its employees or- agents will neither- hold themselves out nor- claim to be an officer- or- employee of the Town of Southold nor- make claim to any r-ight accr-uing ther-eto including, but not limited to, Wor-ker-'s Compensation, Unemployment Benefits, Social Secur-ity or- r-etir-ement member-ship or- cr-edit. G. If any pr-ovision of this Agr-eement shall for- any r-eason be held to be invalid or- unenfor-ceable, the invalidity or- unenfor-ceability of such pr-ovision shall not affect any of the r-emaining pr-ovisions of this Agr-eement and this Agr-eement shall be enfor-ced as'if such invalid and unenfor-ceable pr-ovision had not been contained her-ein. H. Contr-actor- agr-ees that it shall not APPENDIX A-13 . . discriminate and that it shall cause there to be no discrimination against any employee who is employed in the work, or against any applicantf~r 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 payor other forms of compensation; and selection for training. XVIII. NOTICES All notices required to be given hereunder shall be made in writing by first class mail addressed as follows: APPENDIX A-l~ . ; . . If to the Town: Superv~sor of the Town of Southold Town Hall 53095 Main Road Southold, New York 11971 With a copy to: Solid Waste Coordinator Town of Southold 53095 Main Road Southold, New York 11971 If to the Contractor: Kenneth Tully, President Tully Construction Co. Inc. 127-50 Northern Blvd. Wi th ilrloi)iggtcN ew York 11368 Peter K. Tully, Vice President IN WITNESS WHEREOf, the parties ereto have executed TOWN :1l this Agreement on the day and year first By: Thomas H. Wickham Supervisor By: President APPENDIX A-15 . . TULLY CONSTRUCTION CO. INC. GENERAL CONTRACTORS PHONE 446.7000 AREA COilE 71H 127.50 NORTHERN BOULEVAr~l) FLUSHING. NEW YORK 11368 June 25. 1994 Town of Southold Office of the Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 RECEIVED JUN 2" 100.1 .....J 1.......-,. Attention: Judith T. Terry Southold Town Clerk Regarding: Town of Southold Insurance and Performance Bond Your Letter of June 16, 1994 Dear Ms. Terry, Enclosed please find the required Performance Bond for the above referenced contract. Insurance Certificates are being mailed directly to the Town. We anticipate starting the date designated in the contract documents and would expect to schedule the contract signing on Friday, July 1, 1994. If you have any questions. please feel free to call. Very truly yours, Tully Construction Co. Inc. //r- Pe r K. Tully ecutive Vice President cc: Gerard M. Simons Kenneth W. Tully 'Skl.tio Of( New York I oQ;.dy 01 Albany { ss: . . On June 21st, 1994 . before me, a Notary Public in and for said County and. State, residing therein. duly commissioned. and sworn, personally appeared T. M. Tyrrell known 10 me \0 be Attorney-in-Fact of NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA the corporation desaibed in and that executed the within and foregoing instrument. and known to me to be the person who eXe<:uted the. said instrumenl in behalf of the said corporation. and he duly acknowledged to me that such corporation executed. the same. IN WITNESS WHEREOF. I haye hereunto set my h(l'nd and aUixed my official seal. the day and year stated. in this c;er1ifi.cate above. Ny Co--;wcion Ezpir- 9-30-94 o~ ~i5 ~otcry ;::;blic Albany County 380212-0-66 ~ . 1. . . INFORMATI9N SCHEDULE. L PERFORMANCE BONO KNOlll ALL MEN -- BY THESE PRESENTS, that TULLY CONSTRUCTION CO.. INC. (hln'"einafter called 1fJJ~" ';Prl'2.qt,eal") and i llELIANCE INSllRANCECOMPAlfY & NATIONAL UNION FIRE IN~~M!l~ti'Relf."'n: 01' . . . the "Sur-et:.ftsll) ar-e held and fi["mly bound to the Toum of Southo.ld (her-einafter called the "Oumer-") in the full and Just sum of One Million and No/100-------------_ dollar-s ($.1.000,000.00-) good and la~ful money of the United States of Amer-ica, fo[" the payment of which sum of money, ~ell.and tr-uly to be made and done, the Pr-incipal binds himself, his heir-s, executor-s, administr-ator-s and assigns al1d the Surety binds itself, its successor-s and assigns, Jointly and sever-ally, flr-mly by these pr-esents. WHEREAS, the Pr-lncipal has enter-ed into a certain written AJ,r-eement bear lng date on the 14th day of' une . lSS~. with the Owner- for the Town of Southold SOLId Waste Haul-Disposal Ser-vices, a copy of which Agreement is annexed to and her-eby made part of this bond as though her-ein set forth in full. ' NOlll, THERE?ORE, the conditions of this obligation ar-e such that if the Principal, his or- its r-epr-esentatives or- as~igns, shall well and faithfully comply with and per-form all the ter-ms, covenants and conditions of said Agreement or his (their-, its) part to be kept and per-for-med and all modifications, amendments, additions and alterations thereto that may hereafter- be made, accor-ding to the true intent and meaning of said Agreement, and shall (ully indemnify and save har-mless the Owner fr-om ell 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 O~ner mey 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 mayor 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- corpor-ation by reason of any damages arising or- growing aut of the doing of said work, or the repair of maintenance thereof, or the manner- of doing the same, or the neglect of the said Principal, or- ""'1'll""'15JOllii1iXlC, its) agents or ser-vants or the improper ~nce of the said wor-k by the said Principel, or ~ , its) agents or servants, or the infr-ingement of any patent at" patent rights by r-eason of' the use of any materials furnished or work done as afor-esaid or otherwise, then this obligation shall be null and void, otherwise to ramain in f'ull for-ce and effect; Performance Bond BID (PROPOSAL) FORM Schedule 5.0.L Page 1 of 2 . " PROVIDED HOWGV~ the Surety, for value r~eived, hereby stipulate5 and agrees, if requested to do so by the Owner, to fully perform and complete the work mentioned and described in said Agreement, pursuant to the terms, conditions, and covenants thereof, if for any cause the Principal fails or neglects to so fully perform and complete ,such work and the Surety further agrees to commence such work of completion within ten (10) :=.slendar days after written notice thee-eof from the Owner and to complete SUCh work within ten (10) calendar days from the -expiration of the time allowed the Principal in the Agreement for the completion thereof; and fUrther PROVIDED HOWEVER, the Surety, for value received, for itself and its successors and assigns, hereby stipulates and agrees th~t the obliaation of said SUrety and its bond shall be in no way impaired or affected by an extension of time, modification, work to be performed thereunder, or by any payment the..eunder before the time required herein, or by any waiver of anY provisions thereof, or by any assignment, subletting or other transfer of any work to be performed or any monies due or to became due thereunder; and said SUrety does hereby waive notice of any and all of such extensions, modifications, omissions, additions, changes. payments, waivers, assignments, subcontracts and transfers, and hereby expressly stipulates and agrees that any and all things done and omitted to be done by and in relation to assignees, subcontractors, and other transferees shall have the same effect as to said Surety as though done or omitted to be done by or in relation to said Frincipal, IN WITNESS WHERE07. the Frincipal has hereunto set ~ ~ its) hand and. seal and the Surety has caused this instrument to be signed by . its Attorney-in-Fact and its corporate seal to be hereunto affixed this 2~ day of June , lSS":!, . (If Corporation add Seal and Attestation) TULLY CONSTRUCTION CO., INC. Prine' By: Add, Corporate Seal RELIANCE~CE COMPANY _ Suc-ety <;: \.---., T. M. Tyrre 1, Attorney-in-Fact ~ Witness: C ~~ By: Addt"ess of Surety 4 Penn Center Plaza, Phlladelnhia. PA NATIONAL UNION/FIRE INSURANCE COMPANY OF sue-et". ? / _/ - pmSBURGH, PA Add Corpora te Seal BU : ~ .{~----------- T. M. TyrT"ln. ~7eY-in-Fact III~-....." Witness: Ci' ~ Address of Surety 70 Pine Street, New. Yorl.<, NY Perf'ot"mllnce Bond BID (PROPOSAL) FORM Schedule 5.0.L Page a or a . .' , ' RELIANC~SURANCE CO.ANY PHILADELPHIA. PENNSYLVANIA PRINCIPAL'S ACKNOWLEDGEMENT-IF INDIVIDUAL OR FIRM State 01 New York. County 01 On this ss: <lay 01 .19 . bel"", me per$ONIlly came to me known to be (the individual) (one 01 the firm 01 ) describeclln and whO axecuted the wilhin InstrumenL and he thereupon duly acl<nowledged to me that he axecuted the same (as the act and deed 01 said firm). Notary Public PRINCIPAL'S ACKNOWLEDGEMENT-IF A CORPORATION State 01 New York. County 01 Albany ss: On this 2ls t day 01 June . 19 94 . belore me personally came Peter Tully to me known. who. being by me duly sworn. deposes and says: That he resIcIes in Flushing, New York ; that he is Secretary 01 TULLY CONSTRUCTION CO. INC the corporation described in and which executed the within instrument; IhaI he knows 1Ii.- seat 011h8 saia Ce>rpofation; that the seal affixed to the said Instrument is such corporate seal; that it was so affixed by order 01 the Board 01 Directors 01 the said corporation. and that he signed his name to the said instrument by like order. Alb C any ounty Comm. Exp.9-30-94 SURETY COMPANY'S ACKNOWLEDGEMENT ;JAIL ~ NotarY Pu i State 01 New York. County 01 On this 21st T. M. Tyrrell to me known. who. being by me duly swom, did depose and say: That he resides in Albany, New York ; that he is Allomey-in-Fact 01 ... REUANCE INSURANCE COMPANY. the corporation clescribed in and which axecutecl the loregoing instrument; that he knows tile COqIOrale .... of said company; IhaI the .... a/Iixed to said ~ is aucIl corporate seal 01 said company; - II _ lID ..... .., ... ..-., g...- 10 IIillIIn acconIance _ ... by-laws 01 said CCNpOl"dt..; that he aigned Ilia name theralo .., like aulIlotItr: _... SUpar'~.....1dent 01 ~ 01 the Slate 01 _ York ha, "'--10 ChapIer 882 01 the Laws 01 ... SIaIa 01-. York for ... yoIar 1_ _ . .~ ""'sI Chapier 28 01 the CcN.IO'" '11 Laws 01... SIaIa 01_ York known as the Insurance Law. IssueclIo ... RelIANCE INSURANCE COMPANY Ilia _lIficaIe IhaI said compa", Ie quaJllied 10 beCOIll. sunlIy or guarantor on ell bonds, underlakIngs, recognlzances, guarartlea and other obligations requirecI or pemlilled .., law; and that aucIl ceI1Ificate has no! been.- Albany County Comm. Exp.9-30-94 Albany day 01 June ss: ,19 94 ,belore me personally came ;0L.#~ Notary Ie ASSETS Cash and Bank Depoolls .................... $ (3,181,362) ~ ................................. 3,139,785.232 Premium 8aIances (WIder 90 DaysI .... . . .. . .. 9.541.D12 AccIued.... and DIvidends ............... 34~.633 FadenlI "-'e T_ ...................... 11,180,388 0Iher~ .............................. ,__...... ToIaf AdmIIecI "- ..................... $ 4.599.400.940 FInanclaI Statement December 31, 1993 UABlunES LossesandLoeaAdjuslment~ ......... $ 2,519.849.366 Unamed Pr-.ms ............ ............ 700 ~S75 OlherT_ ............................... 8.527.322 ~'IAP-~ ............................ ~'1~~ ToIaf........... ...... ............ ......... $ 3.892.118.545 Slate oIWW.."... Counly 01 King )ss. ) CAPITAl AND SURPLUS Capital PaId Up ............................ $ Surplus .. ................ ............ .... ToIaI PoIicyholders'SurpIus ................ ToIaIl.I8blIities. Capital and Surplus ............................. S 4.599.400.940 6&4.255.197 243.027.198 907""''''''' La...._ W. CaIIoto_. being duly _ _ ThaI he II \lice PI, ,.t, -. 01 lie REl.IN<<:E INSURANCE COMPANY; .... _ COh.p..., II a -COI'pOI8tion duly '"w-Ued. ..... end . aliI! It In bush.. as. ....., by virtue of Ihe laws 01 "Co&..mcM,~""" 01 PeI..aaytvania. and has duly DOl'....,............' ~ 'Il~ ........ofuld t:a~non...""'~," ....10 IIIIid ...~~ 8nd "duly. ... j tit KID""" under aICh iIwI; - - """-'" _ _ : J .R , _ and Ie duly __ to act _..., __ lie Act 01 c:ongo.. 01....1 .lb.. 13, 1812. _ .__ (31 u.s.c. ~ 8l ~ _ lie 1er8goio... Is a full. ..... _ COfI'8Ct __ 01 lie __ ""'_ 01 _ ""'-"Y on lie 31. day 01 Dee.! .~. 1993. - 'I"~~ i, \ . ~~' 8I)R..1827 3/94 QUANCE INSUIUNCE CO~ANY ". HEAD OFFICE. PHILADElPHIA. PENNSYLVANIA POWER OF ATTORNEY ICNIIIW' A!,I.....SV THE$E PRESENTS. Thot tho RWANCE INSURANCE COMPANY. · ..........-lholv oopnIHcI UIl!hll'........ ...... 01 '~...... IIonloy ........ 00_ ..... oppoint F. E. 0'Brien. ./r.. T. R. TyrNI. T. aL T...... A. L ... c:... ~'.J. =-.'Cr:~~~;. :....:..:.:.~;,~AIb..:~~~-:,;, i:ncI~~.~~_~ "'. ". .. . . ," '. cotMMf, . ..filIiIt_",1he___llouohbondaondu-ioato-- "'lrlll:!iitt'il7tlll .... .. .... . aIgnocI by on ...-_ Oi&w of lhoREUANCE INSURANCE COMPANY"'" _od ..... .tt_ by .... ........ ......' .. ". '. .. ,edflee- end' ~.._&~.. ill: that Ite .-id Attorney(eHn-FiKt may do in pureu..-.ce hereof. Thlo ""_ .. A_ ia grontod unci... ond bV outhority 01 Article VII 01 the By-Laws 01 R~E INSURANCE COY'ANY whioh bec8rM eff~w September 7. 1978. wNoh pIOvillione .r. now in tub fo,"" end effect. reeding .,.....: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKING 1'r....:...,~~.~.~.,":.~tl::1tB:=. C.:t=,::'t~~~ .:::::":.t~~ot,c;"'Qir~.. ........ .,.'............... ......"'..l/IQo. to :::=:-::.~-=.b.=-Cbl 0:.. '::~=~~==y(O::~::':.:.:==:~..\t.H.!.:...~~_ :r:~.~~~~~~=::F=Znr:r~11~1- 3. Att.omeYt:"'Fect aheI' MY. pow.r .nd ,authority to execute affidavits required to b..tteched to bond... r~. contract. of indemnity or o1her condidonlll or obligatory unden-.mg. and they .haII .so ha..,. power -end -1IUthoritY- to certify the -fi....... --.ternent of -the Company end to copi.. of the By.1.8wa of the Company or any article or section thereof. This ~w,er~ ~... ~ and .eated by feesimile undar and by authority of the following Resolution ttdopted by tM'''', of ~ of RWANCE':lNSUftANCE COMPANY at. meeting held on the 5th dey of June. 1979. tit which.. quorum w" JlNHftt. ..:'..,~ has not boon _od or repoaIed: .,,~ I lll!!!! _ .... ~ 01 _ __ ..... olli""", ..... me .... 01 .... ~ .....1Ie ""iBJj' "ifi .. ..'....-e.. ................bY III - .iI.. __"''''''''PoIM.,. . . ..' ............. '.' ... . " .... ,......., '._.' . .... ......".,... ." .1Ie........~..1I......4JH..." __-"-__ .u,,-'. '. .. c'. ' .... ~n~ '.' . ......f. r........,..!_ ....~.........i!iIiIli6.. ;~!"!"::'!:!~ rn _II~ 'If" . '....uid.flJldng........ it'. ..tt..d..... - - -. IN wnrlllr",I~,IOI'.""lIIlJ"~ ~ COMI'ANY .... Cl8UlIOd _ .......... '" -..... by iW ~ It .' ~ r I ..........__10__......,.- 1 cIoyol April. Il184 - . RWANCE INSURANCE CONfANY cz(,~, /kI..l.r -IJ-- STAlI.,OF- ">~.J4~" COUIiW.,Nll ~ ,... l... Vice PrMident On_ I .et ~ 111M _,,-..I QoooIN L& . to ....~.~...... ~ I ~ I iI_tllIUlIINe'r.lHlIURANCE COMPANY, ......... - he 0lI....,...........,. I..I~ . .jf~Jdil.aJ.~. _ ........... .... <it... _I'.n tharoto. ..... _ VII......... 1. 2. - a elf .'............ ~.... 1he RolIciIudon. _ _ -. _ atIII in lull forc:e. ~_ I VAL&OA~NIc ~ ~~~~ CIlrGlr:~!:~~l~""~ V R.-s.- PIIIIad....hlo Mv Q,...... ";'" =: _"..,. 1&. 1IiIM ..~....... "1. II...... ~I~lN$\lf!NoICE COMPANY. do 1tInby00lltlly_1ho........ _ forooalnllia. -..... -' aopy 0111 ...........Mlnn!4 I~!.W_..~ lNIURANCE cOIWANY. ......Ia _In,.._ - _. III~WMIIttD"I~""~"lIIIt""'-"'" _1110 _.. ooIdO".III_ _ 21st ....,;1_ 1994 ~~ -...... ". BDft-'U' &L III.J . , " riational Union Fire Insurance Company of Pittsburgh, Pa. Executive Offices 70 Pine Street New York. NY 10270 . ~,. , FINANCIAL STATEMENT as of December 31, 1993 ASSETS Bonds ..................................................................... $3,703,811.658 Stocks...................................................., ,.............., 1,016,975,283 Collateral Loans ..................................................... -().. Cash and Bank Deposits ....................................... 343,609,365 Agents Balances or Uncollected Premiums .......... 1,562,593,538 Funds Held by Ceding Reinsurers......................... 14,238.n6 Reinsurance Recoverable on Loss Payments....... 418.876,551 Company's Interest in Assets of AIUA and A1UOA.....................................,................... 83,299,650 Other Mmitted Assets ........................................... 849,194.787 TOTAL ASSETS...................................... 7,992,599,808 LIABILITIES Reserve for Losses and Loss Expenses................$5.053.153.507 Reserved for Unearned Premiums......................... 925.746,528 Reserve for Expenses. Taxes. Ucenses and Fees ............................................ Reserve for Unauthorized Reinsurance ............:.... Funds Held Under Reinsurance Treaties............... Other Uabililies....................................................... Capital Stock ....................,..................................,.. Surplus ................................................................... 9.807.588 84.064.012 92.936.174 425.441.600 4,478.750 1.396.971.649 TOTAL POLICYHOLDERS' SURPWS ................................................ 1.401.450.399 TOTAL LIABILITIES AND POLICYHOLDERS' SURPLUS............... 7.992.599.808 Bonds and stocks are valued in accordance with the basis adopted by the National Association of Insurance Commissioners. Securities carried at $411.566.906 in the above Statement are deposited as required by law. CERTIFICATE EUZABETH M. TUCK. Secrelaly and MICHAEL J. CASTEW. Comptroller of the National Union Fire Insurance Company of Pittsburgh, Pa. being duly sworn. each for himself deposes and says thai they are the above described officers of the said Company and that on the 31st day of December, 1993, the Company actually possessed the assets set forth in the foregoing statement and that such assets were available for the payment of losses and claims and held for the protection of its policyholders and creditors, except as hereinbefore indicated. and thai the foregoing statement is a correct exhibit of such assets and liabilities of the said company on the 31st day of December. 1993, according to the besfof their infonnation. knowledge and belief. respectively. ~ 'k _-r~ Sea'etaty , /J~?th ~/~ " -, STATE OF IIEW YORK OOUNTY OF NEW YORK } SS.: On"" ao ~'" AprI .19 1M .-'me_ "'___"''''__Rre_~ '" -..... Pa.. to me __ _to be... _ end oftIoIrII ~ T r---V MnIIn. end ackIMllllrllrf.;! cI that they executed the looogoIng -- -... - "'- COIJIOl-' - by allhadly"'-- JOSEPH 8. NOZZOUO Nokuy l'ubIic, SIalo <II f'oIow YOlk No.Ol-N04652754 Qualified in We&tl:l I ,. County T...".,., FvntM'l:.ktn_ ::tl. 1996 . . POWER OF ATTORNEY Ameriua Home Aauraace Compu)' Natioaal Uaioa Fire Ia.uraaee Compaa)' of Pittab.' gb, PL PriDcipelIlODd Offtl;c: 70 Pille Slreet, New York, N.Y. 102' KNOW ALL MEN BY TRESE PIU. '&NTS: No. 01-B-32589 That American Home ~" {'..umpmy, a New y"" corporation, and National Uni\ Fire 1Mnf <ICe CO"'p"ny at PitUt>urgh. 1>&.. . PellDay1vuia __j)OoaUaa, lIIlls -=h ~ appoint ".U:. O'BriCII, Jr., T.R. Tyn~, T.M. TyrrdJ, c.c. LeadI, Pol. ClyDe, A.L Getz. IU. FlIrIoalo 1'.~O'BriCII, III: .-( Alba" N"", York- ita 11''''' 1Ilid lawful AIIomey(f)-,""~lId, with full utbority to execute on, ita behalf bonds, II1IdcrtaIdDp, ,....,."i7"...- and otht.' CXlIIdr1IcII at ;""""'n;ty and wrilinp olII;phWy in tbc IIlItWI: thcnlof; issued in tbc coune at ita h...._. and to bind tbc n:spcctiV' company tbcn::by. IN WITNESS WH&RJ:01'. American Home AIIuraDce Company and National Union Fire InIuraDce CnnIpony at PittJlburgh. fa. haw ClIcll ~ tbcoc pn:acD1a @) ~~ ~ ...~ thia.l1lLday afMalch 1994. ~~' STATE 01' NEW YORK ) COUNTY OF NEW YORK).. ~~OJ;~ '^-"" On tbia 1lIl day at Ma:n:h 1~ bcIbIe me came tbc above named officer at American Home AIIuraDce C""'P"ny and National Union Fire Insunmce CnnIpony ol Pittsburgh. PL, to me penona1Iy kDowD to be tbc iadividuaI and officer PAUlmE K. WllL:AMS dc:8cribed berdn, and ac:IlJIowIecI&e tII8t he euc:uted tbc Notaly Publlc. S'ot. of Now YorI/ foregoing instrument and IIfIixed tbc aeaII ol said No. 31.4972606 . .. , QUIIlified in New York Courtfy <XlIJlOratioDl thereto by authority olbiJ ofIic:e. Cattlficat. FUed in New Yook County Conwnission Expires October t 1991 CERTIl'ICATE -..... of P_ ......... by ... ....... of ~ of _ _ __ ~y ... _ U... Pia ..... .... C r..,. of -.p. ... oa "'yll, 1976: "RSSOLVBD,.IM""" '--- 01... ~... PI ... .. or..,-VICe ..........k,........,. ~ _-0&. ~"""'~J"""'lW:tto nprMNl _.x tw ad oa ......rot.. c....,to.......... . ~ "-...... IIIG _ . -. aM 0IIIIIr 00II&IaGtI 01'" .~~ .................,. ia.. MIUn -.or, "'10_ _... _....... ... of... c....,. ........ - 11 ~ ofllo ..,_: -aBSOLVBD, .. ..... --... - ... baa of ... .... ... ... ... of....,. J V..,...... lit .., ... Pow. fIl ~ or to .., _....._~...~ .. ......,__of~.__-..__ .~ ........_..._........ "iadUw upoa .. eoq..,. ...... .. ..... willi. ...... lit ...,. ~.. .. ~.lo;.., nT _' I or __ ...... fIl'. . I 01'.... . ~' ,.... DIlbIn .1beNof, "RIlSOLVBD. .... .., _ ~ .. .... ....... a __ __ .... ... ......... __ IIiII .. iD ... _y _ ia _ __..._ _. oaid _10"'___'" _ofdolively_by_ _~.' r. fIIizobeda ... 1\ock, Sec-.y of _ _ _ c...., ... of NeIioMt U... Pia . ...,. c...., of _ ......... _y COdify tbet 11M foreaoiiw excerpI8 01__-1. .' ........,......... ofDinclon of..... ~CfII CI.' . ..... Pawen 01 Ataur.,............. tIaerwi&o. am _ ............ ........ _ ... ............... ... _ of ~ _ .. .... _........ IN wrrNBSS WHIlIUlOP, Ilia.. __ "'lIll' '"""'... _.... ....1imiIo -' of_ ....,....- S(i) dIiI 2ls t ." of June .1994. Nt .~uJ..- flU""""'" M. 1'ul:k. Secnary '. S~~.of New York I os; CoUnty 01 Albany { . . On June 21st, 1994 . beloo-e me. a Notary Public in and I", said County and State. residing therein. duly commissioned and sworn. personaUy appeared T. M. Tyrrell. knownlo me lo be AtlOmey.;n-Fact of NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA the o.....-wtion desaibed in and that executed the within and foregoing instrument. and-known to me to be tbe person who executed the - said illswmen' in hehaU of the said COI'pOration. and he duly acknowledged to me that such corporation executed. the sume. IN WITNESS WHEREOF. I baTe hereunto set my hand and. affixed my official seal.. the day and year slated in this certificate above. ),(y ('"....-....i--on Expir..... 9-30-94 N~~ 3S02 1 Z-e.-e.& Albany County . National Union Fire Insurance Company of Pittsburgh, Pa. Executive Offices 70 Pine Street New York, NY 10270 . FINANCIAL STATEMENT as of December 31, 1993 ASSETS Bonds ..................................................................... $3,703,811,658 Stocks..................................................................... 1,016,975,283 CoIIa!en11Loans ..................................................... ..(}.. Cash and Bank Deposits ....................................... 343,609,365 Agents Balances or Uncollected PnlmIums .......... 1,562,593,538 Funds Held by Ceding Reinsurers......................... 14,238,n6 Reinsurance Recoverable on Loss Payments ....... 418,876,551 Company's Interest in Assets of A1UA and A1UOA......................................................... 83,299,850 Other Admitted Assets ........................................... 849,194,787 TOTAL ASSETS ...................................... 7,992,59S,808 LIABIUTIES Reserve for Losses and Loss Expenses ................ $5,053,153,507 Reserved for Unearned Premiums......................... 925,746,528 Reserve for Expenses, Taxes, Ucenses and Fees ............................................ Reserve for Unauthorized Reinsurance ............:.... Funds Held Under Reinsurance Treaties............... Other Uabilities....................................................... Capital Stock .......................................................... Surplus ............ ....................................................... 9,807,588 84,064,012 92,936,174 425,441,600 4,478,750 1,396,971,649 TOTAL POLICYHOLDERS' SURPLUS ................................................ 1,401,450,399 TOTAL UABIUTIES AND POUCYHOLDERS' SURPLUS............... 7,992,599,808 Bonds and stocks are valued in accordance with the basis adopted by the National Association of Insurance Commissioners. Securities carried at $411 ,566,906 in the above Statement are deposited as required by law. CERTIFICATE EUZABETH M. TUCK, Secretary and MICHAEL J. CASTEW. Comptroller of the National Union Fire Insurance Company of PilIsburgh, Pa being duly sworn, ea$ for himself deposes and says that they are the above described officers of the said Company and that on the 31st day of December. 1993. the Company actually possessed the assets set forth in the foregoing statement and that such assets were available for the payment of losses and claims and held for the protection of Its policyholders and creclitOls, except as hereinbefore indicated, and that the foregoing statement is a correct exhibit of such assets and liabilities of the said company on the 31 st day of December, 1993, according to the best' of their information. knowledge and belief. respectively. ~ 'k .-j~ ,-- 0 Secrvtary . ~p~ ~ STATE OF IEWYORK COUNTY OF NeoN YORK } ss.: Ont1lo 30 ~al ApdI .-1.84._......... "___al"_ ~_~ of PUt:.L .",.. PL. to.... ~~~ .....10 be the 1ndhrI'" " and ___ ~ r ~'* ..... MIl ... a .. 11 ~ lilt .., lIIGiIClIMd 1he fIlrwlIl*'Il_ond_.._al__-__by ......,. al_ oIIco. ....n'7'QI"lIIQA\ JOSEPH B. NOZZOUO NolaI}' PubGc. _ of New y"", No.Ol-N0C6S27S<C Qualified in W~ ul r County Tf!rm ExoiresJon. 31. 1996 . . INFORMATI~N SCHEDULE'L PERFORMANCE BONO KNOlII ALL MEN -. BY THESE PRESENTS, that TULLY CONSTRUCTION CO.. INC. Ch=.einaf'ter called 1j:);l~" ';Pr.!.'l.ql:,ea1") and iPLIANCEINSuRANCECOMPAliY & NATIONAL UNION FIRE IN~~mlif1RalF."1l!' OF the "Suret:dJet) are' held and firmly bound to the Town of Southold (hereinafter called the "Owner") in the full and just sum of One Killion and No/100-----------____ dollars ($,1.000.000.00-) good and ~awful money of the United States of America, far the payment of which sum of money, well,and truly to be made and done, the Principal binds htmself, his heirs, executors, administrators ~nd assigns and the Surety binds itself, its successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, the PrinCipal has entered into a certain written Ay,reement bear ing date on the 14th dau of' une , lSS~, with the Owner far the Town of Southold Solid lIIaste Haul-Disposal Services, a cOPu of which Agreement 15 annexed to and hereby made part of this bond as though herein set forth in full. NOlll, THEREFORE, the conditions of this obligation are such that if the Principal, his or its representatives or assigns, shall well and faithfully comply with and perform all the terms, covenants and conditions of said Agreement or his (their, its) part to be kept and performed and all modifications, amendments, additions and alterations thereto that may hereafter be made, according to the true intent and meaning of said Agreement, and shall ~ully indemnify and save harmless the Owner from all cost and damage which it may suffer by reason of failure so to do, and shall fUlly reimburse and repay the Owne~ for all outlay and expense which the Owner may incur 1n making good any such de(ault, and shall protect the said Owner against, and pay any and all amounts, damages. costs and Judgments which mayor shall be recovered against said Owner or its officers or agents or which the said Owner may be called upon to pay to any person or corporatiOn by reason of any damages arising or growing out of the doing of said work, or the repair of maintenance thereof. or the manner of doing the same, or the neglect of the said Principal, or''''''l.'''~~ its) agents or servants or the 1mproper -performance of the said work by the said Principal, or ~ ~ its) agents or servants, or the infringement of any patent or patent rights by reason of' the use of any materials furn1shed 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 BlD (PROPOSAL) FORM Schedule 5.0.L Page 1 of"f! PRO'lIDED HOWEV~ the Surety. for value .ei'Jed, hereby stipulates and agrees, if requested to do so by the Owner, to fully perform and complete the work mentioned and described in said Agreement, pursuant to the terms. conditions, and covenants thereof. if for any cause the Principal fails or neglects to 50 fully perform and complete .such work and the Surety further agrees to commence such work of completion within ten (10) ~41endar days after written notice the~eof from the Owner and to complete such work within ten (10) calendar days from the -expiration of the time allowed the Principal in the Agreement for the completion thereof; and further PROVIDED HOWEVER. the Surety, for value received. for itself and its successors and assigns, hereby stipulates and agrees th~t the obligation of said Surety and its bond shell be in no way impaired or aFfected by an extension of time. modification, work to be performed thereunder, or by any payment the..eunder before the time required herein, or by any waiver of any provisions thereof. or by any assignment, subletting or other transfer of any work to be performed or any monies due or to become due thet"eunder; and said Surety does hereby waive notice of any and all of such extensions, mOdifications, omissions, additions, changes, payments, waivers, assignments, subcontracts and transfers, and hereby expressly stipulates and agt"ees that any and all things done and omitted to be done by and in ~elation to assignees. subcontractors, and other tt"ansferees shall have the same effect as to said Surety as though done or omitted to be done by or in ~elation to said P~incipal. IN WITNESS WHEREOF, the Principal has hereunto set ~ ~ its) hand an~seal and the Su~etu has caused this instrument to be signed by . its AttorneY-in-Filct and its corporate seal to be hereunto affixed thi~ 2!!t- day of June lSS't . (If COt"poration add Seal and Attestation) TULLY CONSTRUCTION CO., INC. Princip By: Address 1..11, S~S'retary a./7'~ RELIANCE~NS~~CE COMPANY Suretu (';'Y[ '- By' Y . T. M. Tyrre ,Attorney-in-Fact ~ Witness: G! '1 ~ of' Surety 4 Penn Center Plaza, Philade11>hia. PA RATIONAL UNI9H' FIRE IlISUlWlCE COMPANY OF suC'"et0 - ____. PITTSBURGH, PA T. M. Attorney-in-Fact .~II r ~ W1.tness: Add COt"porate Seal Add Cot"pa~ate Seal By: Address of' Surety 70 Pi.ne.St~eet, New. York, NY Performance Bond BID CPRdPOSALJ FORM Schedule 5.0.L Page a of a . . RELIANC.INSURANCE C~PANY PHILADELPHIA. PENNSYLVANIA PRINCIPAL'S ACKNOWLEDGEMENT-IF INDIVIDUAL OR FIRM Slate 01 New York. County 01 ss: On this day 01 ,19 . before me ~11y came to me known to be (Ihe indlvldua~ (one 01 the IIrm 01 ) described In and who executed the within instrumen~ and he thereupon dufy acknowledged to me thai he executed the same (as the act and _ 01 said 1Irm). Notary Public PRINCIPAL'S ACKNOWLEDGEMENT-IF A CORPORATION Stale 01 New York. County 01 Albany ss: On this 21st day 01 June ,19 94 ,before me personally came Peter Tully to me known. who. being by me duly swom,deposes and says: thai heresides In Flushing, New York ; thai he is Secretary 01 TULLY CONSTRUCTION CO INC tile corporation described In and _ executed the within Instrument; thai he knows the seaJ orthe sBia corpo;.,tion; that the seal allixed to the said instrument is such corporate seal; that it was so affixed by order 01 tha Board 01 Directors 01 the said corporation, and that he signed his name 10 the said Instrument by like order. Alb C ~ any ounty ~ Comm. Exp.9-30-94 Notary Pu . SURETY COMPANY'S ACKNOWLEDGEMENT . State of New York. County of Albany June so: On this 21st day 01 ,19 94 ,before me personalty came T. M. Tyrrell to me known. who. being by me duly swom, did depose end say:TheI he resides in Albany. New York ; thai he is AlIomey-In-FacI 01 the RELIANCE INSURANCE COMPANY, tile corporation described in and which executed the foregoing insl1ument; that he knows the COfJIlII'8te seal 01 said company; that the seal affixed to said inslrulMnl is sucII corporate seal 01 said CClmplIIly;' that it _ lilt dIIIlId by ... ~ granlecIto him in IICCORIance with the by-Iawa 01 said COfl)ClIdoI,; that he signeclllis name ___ by .... eulIIorllIr, _the ~"lb.dent 0I1neurlIMe 01 the Stale 01_ York ..... ~ to a.pter 882 01 the ~ 01 ... Slate 01_ York lor ... ,... 1l13l1' con8IIIuIno ClMIpIer 28 01 the Consalldalecl La_ 01 the SIaIe 01 _ York known as ... IrI8uraIIce ' Law, _ to the RELIANCE IISIJfW<<:E COMPANY Ilis certllicate that said CllIIlplIIly is quaIIIled to become surety .... ~ on .. bonds, uncIerlaIclngs. recognizlInces; ~ and olIler obIIgaIions required or .......- by law; and that sucII ~ has nor been revoked. Albany County ~ Comm. Exp.9-30-94 C~ry c ASSETS Cosh and Bank Deposits .................... $ (3.181,362) Securities ................................. 3.139,765.232 Premium 8aIances C,-90 DaysI ........... 9,541.D12 Accrued In_ and DIvldends ............... 34.229.633 Federal Income Taxes .... .... .............. 16.180,388 Other"- ....... .......... ............. 1-866039 Total AdrniIted Assets ..................... $ 4.599.400.940 financial Statement December 31,1993 UABlLmES l.osses and Loss Adjustmenl Expense ......... $ 2.519.849.366 Unearned Premiums ........................ 703.528,575 Other Texas ............................... 6,527,322 Other Uabilities ............................ 462.213.282 Total Uabl1ities ........................... S 3.692.118.545 CAPITAL AND SURPLUS CapiIaI PaIcI Up ............................ $ Surplus ......... ....... ........ .......... Total PoIicyholders'SurpIus ................ Total Uabllities. Capital andSurplus ............................. S 4~.4O(l940 664.2SS. 197 24." 027.198 907282.395 Slate of Wuhington ) County of King ) ss. lewnInce W. Cartstrom. being cIuIy _ _ ThM he is Vice "'..side,,1 '" lhe RELIANCE INSURANCE COMPANY; lllat said -."",,'1 is . -corporation cIuIy organlzed. 8ldsling. and ~ In __ as. surely by.Wtue 01 the Ia_ '" the Commohweollh of Pennsylvania. and has cIuIy complad _ alIlhe reqlIil...._.... 01 the _ 01 said _,,_ applicable to said company and is cIuIy .- 10 act as surely ...... ouc:h Iaws;lhat said company has _ complied _ and is duly quaIIIIed to act as surety under the Act 01 Congress '" Seplember 13, 1982. as amended 131 use. S9301 at. seq.); lhat the Ioregoio'll is . fun. true and correct statement '" the financial condition '" said compeny on tha 31st dltt '" December, 1993. Sworn 10 beIonl me Ihis 31st dltt '" March. 1994. ~9. Janis.J. CIossIand. Notary Public:. SIaIe '" WasIlingal. County '" King. My Commissiu.. Expifes FebnIa<y 5. 1996. BOR-1827 3/94 (\ r'\ .'_ 'I '-' RELIANCE~SUKANCE COMPANY .. '. HEADO.fFI!=E. !'HJlAD~. PENNSYLVANIA POWER OF ATTORNEY KNOW "",-MlNfJf'flltEliE PRESENTS. ThIll the RELIANCE INSURANCE COMPANY. 0 ..".~duIy Clfgl!lilad .......-.... "'-.- ~r,._."lJ:..... d"tl.!.:Ft~ili..~=:=:::~cr:-itaJr~.~ T"""'.. T.. '." ..".. l...' ....<<1,.,....... ~~-=~,.r:rJfllIIr=tD-~~-If:':..-::::'=~~;,Wt~.~"~'.- '.. "'1/0 . ........... .. Ell!1lllva 0IIlaar of the RElJANCE INSURANCE COf/fI'ANY _ _ - - ........ of ...... _'___".4 ._itaNld AnomayIaHn-Faot.....,do i,,_ _f. TIlle 1'0_ of 1._10 ~ ...... ""II.'" ~ of _ VII of the By-La_ of ~ INSURANCE C_ANY w_ ....,.. .__ 5____7. 1578. which _A".... _ now In'" _ _ offoct. .......... fIiIiwr. ARTICLE VII . EXECUTION OF BONDS AND UNDERTAKING *~~I.~!t~~1i~1:~:.~::'?~~~1ft~.. ...;~1/'1..........~ .., - ...................to___A_ftI';lIlIInFaot._..--........-... '. .......~ 2. A~ _ _po_ _ outIiority. oubiootto the __ _.,.",)" of_!!.. _ .~.., ." , .......... to "'_.................. of the Company. .....__~ ~ .....ItiJ lI'lof IWtiiIi .' .' '.. ., '" '.. la tM ......~...~~D........ Ie not_fllar ~ for '1M wlktityof..,b0Nt8 end~. rJUlf1lJ.I1..l1J." _Ant I - 'tv and ............' lI11r. lMY in the natu,. tMnof. 3, Attomoyl.l-in-Foct.hIlI _ power"'" outhority to ..._ _ nquired to be -'>ad to bonde. """'ll"iz-. 0_ 01 indemnity or other .onditionol or __rv undonokiftllO ond they _ .... _ powo' ..... authority to .or1llythe f_ -.- of tho Company end to oopi.. of ' the 8y-Levn of the Company or any article or ..clion the,...'.. Th. Powor of AttorneY i. "gftld _ ....ed by focoimil. under _ by authority of the following Rosolution ocIoptod by the Boord of DiNotore of REUANCE INSURANCE COMP'ANY at. meeting held on the 5th day of June. 1979. at which. quorUm W. $.....t, and.Nict RuoIUIion hoe not._ _..,.,....ed: . "Rlla"," 1hl!t the ~ '" ~. di'l!ClOn and olfioon _ tho.... of tho ~ mov." affix... ~ IIIIY. """" ~~~~~:~.~,:~_~jb'~~l:t~~A~-=u.~~rt- IN WlTNDS __OF. tho RELIANCE INSURANCE COMPANY ... """"" - __ to " oignod by ita Vioo Pn II '" ond ita ....,......... ~ be herolo offixod. "" , day of ........ ,- ST"TE OF POflftIYIvorio CownvOF PtilllLlJlNa I... RWANCE INSURANCE COM'ANY ~ /kL~ -/J-- Vtee Preaident On "" , day of April. ,_ potMNlIy _.orad CIlIoIoo.L.......... '0 .... known to " tho Vioo ",.11'," of the RlUMICE INSURANCE COII/IWI'I. ............wIodgod thot he ..._ed - .......,.. tho forogoifto _ .... ....... tho _ of NId corporation _ _ _ 1._ VII. -... 1. 2. - 3 of the ..,...... of oaid Company,'" 1M R.. di"hrn. .. tonh thInin. are ... in full force. e folvn~ W~ NOTA1W.$iAL VAlDIOA WORTHAM. ~ NlIIC ClIy 01 PllIIl ~ - .'io. ",.., Courilr Comm'II'O"" New. 11. 1_ I. _ ..........__ of._RIll'~It!I!Il;lI'!ANC;1t COW~ honI>Y ~ thot tho ~ and.. foregoing i. 0 tNo - 00"- oopy .fol'o_of~'n" ......-......,..,.. II:EINSURAHet '/111'(..............."""*"--- IN.~5 __: It'- _ ~my._ _ affixed the_ of oaid Company_ 21st day of ,June 1994 ~ BDR-''''' fd. 3/13 Notory PubIio in _ for S_ of ........'/1'>- Reaidino at Philltft-,hi. a~~ Secretory . .Americaa Home Auunuce Comllauy Nadoual Uuiou Fire mlunace Compauy of Pittlb.. Ih, PL PriDcip8I Boad 0ftIce: 70 PiDc Street, New York, N.Y. 102'. ' . · POWER OF ATIORNEY , ' No, 01-B-32~89 KNOW ALL MEN BY TBESJ: PRI'.J:NTS: l'bllt Amaiaul:a.- A.nn {, ('.-..nY, a Nl:W Y"L oorporaOon, aDd lialiooa1 UBi, " Pire lnsuiYoce Om1PO"Y of PiUlburgh. 1'a., al'elauylvania '''''"~ doeI eKb bae11y appoiDt .-P,L O.B....Sr.. ToR. Tync4. T.M. Tyrrell. c.c. Lada, P.J. C1)'11e, A.L Getz. K.J. PurloB..I'.~.O'..... In: ..of ,\Ibu" New York- ill true> 1Wd IawfiIl AUomey(r)-.\a-Pact, widl Aill authority to execute OIl U. bcbalf boDds. IIIIdertakiDp, """"I"i7Jl........ &lid otht. __ of i........"ity aDd writiDp t1bIip''''"Y in tbe _ tbaeof, iaued in tbe ~ of U. "'...._. aDd to bind tbe leIpeCti... <:on1Illl'lf tbereby. IN WITNESS WllEUOI'. American Home "-raDce C""'P"I\Y aDd NatioDaI UniOD Fire InIunDce C""1pII"Y of Pitbilurp, PL haw eKh ~""'" tbe8e ...~ ~~ ~~ 4..;~ STATE 01' NEW YORK ) COUNTY 01' NEW YORK}.. ~~ iJJ;~ . "'" On du.1lIl day of Much 1~ bcIf'cn me CllIIIC tbe lIbove DlUIICld aIfker of American :a.- A8IIuce ('.ompal\Y aDd NaliODal UniOD Fin: InIunDce C^"\P'"I\Y of Pitllbur&h. PL, to me penoII&1Iy IaIown to be tbe iadividuaI aDd officer PAULmE K, WILL:AMS deIcribed ben:in, aDd lIdaxJwJed&ed dIat lie ew-""'" tbe Notety Pub!;,. Stot. of Now V"'" fore&oing iDsttumcDt aDd .m-t tbe -. of said No, 31-4972606 . .. au.lifted in New York Coul'tly corporations thereto by authority of IWI oIIice. c.ttifl,ol. Filed in New Y o,k COU"tv Commission Expires October t 199 t CERTII'ICAn: ~ of -_""- ........ by .... -.. of Diooo-. of -... _.- - ~ .... _ u.... ..... ~ (' . , of Pill . _.flit, Pa. 011. Wa,. II, 1976: "IUIIOLVBD," 1M ....-. _01......... h '" ~.<< U)' ViDe .........,........., II, .... .... to""" ,II. ,_.. "'10"'- .....far....lteMlfol..- ow :rID.......... ... -LS..11C _' -.......OOlIIIIIW:ltIol... .3........-.L.~~ .,...-. ...... ... to .... ....... 1M ~.. .... ol.. ,.. I J."" II' liD. oil ill...,. ...-....; "RBSOLVBD........ 'l '-" - . .' of__........ o0oi of.... (' . J _ M _10.., _ _of -"''''10.., _ ....... _ by ...... ......, _ _ of -.., ... u4!r~ -.. _ _ iJ - -, ... _ o0oi _ M ..... ... ~ upoa .. (" ..... 11I1..... _ .... willi ....... to .., ~ .. - " 1"1; _' --.. __ ..... of'. . J ......... _u _ I ill 1M -Ibenof; "UISOLVBD, ... gy _ -..,....... _.. . __ 00ItilI0aIi0a ..... .... ........ r .~ - oliII M ia .- _y -. ia _ ....._....... _, eaid _10'" _....._.... _ of-..,. _by.... -'-J............. 1,_ BIiuIM6 Y. Tuck, .See..., of ~ a- .&---- ~ ... of ~ U... Fire L.__~." ... IIJ 01 PllbA ..... ... tIo ....,. oedit)' ....... ........ ...... of- "- .. ...... ~ .. .... ot~ of... f g II g J ." J. ... .. ....... of -.., ___...-~. ... _ &ad -. &ad... _.... 11-.....- &ad.... _of -..,.......... _...-. IN WII1QISS WHIlIUIOP....... _ _..,..........._............ Mal of_~ S@) dIia 21st 4ayof June .1'JliL, Nt .""~ R1i~ M. Tuc:t, S-....)' " , THE S--. TE INSURANCE FUtf> 189 CHURCH STREET, NEW YORK, N. Y.l0007 (212) 312-9000 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE EMPLOYER CERTIFICATE HOLDER I POUCV NUMBER TOWN OF SOUTH HOLD 1041 321-9 TOWN HALL 53095 MAIN ROAD PO BOX 1179 SOUTH HOLD , NY 11971 TULLY CONSTRUCTION CO INC 127-50 NORTHERN BVLD FLUSHING, NY 11352 UNIT PE~~O~ <f?~'!NDTO 03 - 0 1 - 9 5 CERTIFICATE NUMBER D"6~~~!J4 U-850302 THIS IS TO CERTIFY THAT THE EMPLOYER NAMED ABOVE IS INSURED WITH THE STATE INSURANCE FUND UNDER THE ABOVE NUMBERED POLICY COVERING THE ENTIRE OBLIGATION OF THIS EMPLOYER FOR WORKERS' COMPENSATION UNDER THE NEW YORK WORKERS'COMPENSATION LAW WITH RESPECT TO ALL OPERATIONS IN THE STATE OF NEW YORK. IF SAID POLICY IS CANCELLED OR CHANGED IN SUCH MANNER AS TO AFFECT THIS CERTIFICATE, 5 DAYS WRITTEN NOTICE OF SUCH CANCELLATION OR CHANGE WILL BE GIVEN TO THE CERTIFICATE HOLDER ABOVE. NOTICE BY REGULAR MAIL SO ADDRESSED SHALL BE SUFFICIENT COMPLIANCE WITH THIS PROVISION. THE STiWlf!U~~~~EMlil'~BfldrMn!IJ:I~~Jl::I:lNNe GIVE SUCH NOTICE. RECEIVED JUIl 2 3 1994 Southold Town C""",, J/.~ ""<!O'l'r._. H. JAC08S DIRECTOR INSuRANCE FUND UNDSlWRmNG Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This Is to Certify that I TULLY CONSTRUCTION CO., INC. 127-50 NORTHERN BLVD. FLUSHING, NY 11368 L ~ Nament address of InsUred. LlBERlYfe MUTUAL" I ~ Is. althe Issue dale of !his C8ltificale, Insured by the Company under the poIicy(ies) listed below. The insurance aIlorded by the listed policy(l8S) is subjed to aD their terms, exclusions and conditions and is not altered by any requir_m, term Of condition of any contract Of other document wlh respect to which this certificate may beissued TYPE OF POLICY EXP.DATE POLICY NUMBER LIMIT OF LIABILITY u. WORKERS COVERAGE AFFORDED UNDER we EMPLOYERS UABIUlY COMPENSATION LAW Of 1liE FOllOWING STATES: Bodily Injury By-, Each Accident Bodily Injury By Disease Poliey limit Bodily Injury By Disease ~~~M GENERAL UASIUTY Genal Aggrogale - OIf1or than Product&/Completed Operations 2.000 000 IXJ OCCURRENCE ProdUdllCompletod Opnlions Aggrogale 4/30/95 TBl-121-083233-014 1,000,000 o ClAIMS MADE I RETRO DATE I Bodily IoilMY oncl Pnlporty Damagol.iobility Per 1 000 000 Occ:unonce POlIOI1Ol end Advor1ising Injury Per_ l 000.000 09*ati>n Other 0If10r AUTOMOBILE UABlUTY Eech kcident - SIngle limn 1 000 000 B.t... P.O. CombinOd IXI OWNED IXI NON-OWNED 4/30/95 AS2-121-083233-024 IXI HIRED Each Ao:idont or Oa:unenc:e Each Ao:idont or Oa:unenc:e "THER !]mbl'ella 4/30/95 BI,PD,PI de AI Liability $10,000,000 Ea. Occ. Excess THl-121-083233-034 Genel'aJ. A~gl'~ate Limit 10,000,000 Liabili ty Pl'od.Comp ./Op.Agg.Lmt. 10,000,000 DDITIONAL COMMENTS RECEIVED RE: Solid waste haul and disposal sel'vices JUN 27 1994 ADDITIONAL INSURED: The Town of Southold and its agents Southold Town C/m t:~"lllOllCEoOHlO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR IOIOWING THAT HE IS FACILITATING A D AGAI'ISl' AN INSURER, ~ AN APPlICATION OR FILES A ClAIM CONTAINING A FAlSE OR DECEPTIVE TEMENT IS GULlY OF INSURANCE FRAUO. OF ,,__ ~ (NClT N'I'lJCMI.E UN.E&S A NlIIIIER Of' DAYS IS ENTERED BELOW.) IIEFORE THE STATED EllPlRATlON DATE 't:MPN4Y Wll.1IOT CAIlC8.. OR REIIUCE THE INSUIWICE AfFORDED UNDER THE oIIlI7IE POllCES lJfTI. AT lEAST 30 DAYS ~Of'SUCIlCN<<:alATlONHAS8EENIIAlEDTD: EXCEPT FOR NON-PAYMENT OF PREMIUM. I OFFICE OF THE TOWN CLERK I f U~. ''IE TOWN OF SOUTHOLD, TOWN HALL LM, 53095 MAIN ROAD, P.O. BOX 1179 AUTHORIZED REPRESENTAT SOUTHOLD, NY 11971 6/22/94 tf Lak Success 216 L ATTN: JUDITH T. TERRY - TOWN CLERKJ DATE ISSUED OFFICE Liberty Mutual Insurance Group r1~. .--J . . JUDITH T. TERRY TOWN CLERK . REGISTRAR OF VITAL srATISTICS MARRIAGE OFF1CER RECORDSMANAGEMENTOFF1CER FREEDOM OF INFORMATION OFF1CER Town Hall, 53095 Main Road P.O. Box 1179 Soulhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 16. 19911 Peter K. Tully. Vice President Tully Construction Co. Inc. 127-50 Northern Boulevard Flushing. New York 11368 Dear Mr. Tully: The Southold Town Board. at a regular meeting held on June 111. 19911, accepted your unit bid price of $66.53 per ton. for Solid Waste Haul and Disposal Services. A certified resolution confirming the acceptance of your bid is enclosed. Enclosed are instructions from the bid document with regard to furnishing the Town of Southold with the required Insurance and Bonds. Please deliver these documents within the next ten (10) days. and notify this office so we may make an appointment to execute the Agreement in the form set forth in Appendix A of the bid documents. Very truly yours. ~~ Judith T. Terry Southold Town Clerk Enclosures cc: Town Attorney . JUDITHT. TERRY TOWN CLERK . REGISTRAR OF VITAL SfATISTICS MARRIAGE OFFICER RECORDS MANACEMEm' OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 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 1'. 199': RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Tully Construction Co.. Flushing. New York. at a unit bid price of $66.53 per ton. to provide equipment and labor for hauling solid waste and disposing solid waste at the Contractor's Solid Waste Disposal Site. for a term of three (3) years. commencing on July 9. 19911. If the Town enters into an intermunicipal solid waste haul/disposal Agreement. the Town may terminate the Agreement at any time during Agreement years two (2) and three (3) by giving six (6) months written notice to the Contractor. 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 Thomas Wickham be and he hereby is authorized and directed to execute an Agreement between the Town of Southold and Tully Construction Co. for the aforesaid services, all in accordance with the approval of the Town Attorney. ~ ~~ Judith T. Ter~ Southold Town Clerk June 15. 199' .- ---'(':'~ c . . \ 7.0 BID GUARANTY Each Bid must be accompanied by a bid guaranty (Section C, Schedule 5.0.K), without condition or qualification, which shall be in the sum of one hundred thousand dollars ($100,000.00). The guaranty may be certified check, bank draft, money order, standard form irrevocable letter of credit, or a bid bond in the form attached. The bid bond shall be secured from a surety company authorized to do business in the State of New York as a surety. No Bid will be considered unless it is accompanied by the required guaranty. Certified check, money order or bank draft must be made payable to the order of the Town of Southold. The bid bond shall name the Town as the obligee. Cash deposits will not be accepted. The bid guaranty shall ensure the execution of the Agreement and the furnishing of the surety bond or other required bonds by the successful Bidder, all as required by the Agreement Documents. All guaranties will after the execution of the insurance and other Agreement successful Bidder. be returned within ten (10) days Agreement and required bonds, Documents are received from the B.O EXECUTION OF AGREEMENT, FURNISHING OF BONDS The successful Bidder, or its legally representative, shall be required to appear in person (10) days of the Notice of Award by the Town at the time designated by the Town to execute the Agreement Agreement Documents for Haul/disposal services. authorized within ten place and and other The successful expense, procure, execute documents within ten (10) Town. Bidder shall, at its own cost and and deliver to the Town the following days of formal Notice of Award by the 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-7 . . a claim against the reserves any and all result of his failure bid bond provided. The Town specifically other rights against the Contractor as a to perform as required by these documents. 9.0 CONSIDERATION OF BIDS or all deemed The Town of Southold reserves the right to bids for haul and disposal services if such to be in the best interests of the Town. reject any action is To be considered responsive to this Bid Solicitation, each Bidder shall: A. Provide equipment, labor, maintenance and management services to haul and dispose of solid waste from the Town of Southold Transfer Station to Contractor designated Solid Waste Disposal Site(s) as set forth in Section B Bid Specifications. B. Reserve and provide a minimum available of 15,000 tons (52 weeks/year) yearly, for seasonal and other peak periods. capacity allowing C. Provide evidence of all current valid state and federal permits, licenses, local ordinances, etc., required by law to receive solid waste at the designated Disposal Site(s). D. Provide evidence of capability to perform bid specifications. physical and financial services described in the 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. A-a ',:"";,,,;,~ ,.:,;.., "''' ""'''.-''.'. .;:1 . . 11.0 ACCEPTANCE OF BID The acceptance of a Bid will be a Notice of Award signed by a duly authorized representative of the Town, and no other act of the Town shall constitute the acceptance of a Bid. The acceptance of a Bid shall bind the successful Bidder to execute the Agreement and other Agreement Documents. 12.0 ASSIGNMENT The successful Bidder to whom any Agreement shall be let, granted, or awarded shall not assign, transfer, convey, sublet, or otherwise dispose of the Agreement or of his right, title, or interest therein or his power to execute such Agreement, to any person or corporation without the prior written consent of the Town. 13.0 LIMITATION OF FUNDS AVAILABLE The Contractor specifically agrees that any Agreement shall be deemed executory only to the extent of the funds appropriated for the purpose of the Agreement and that no 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. 1':1.0 INSURANCE AND BONDS 1':1.1 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: A-9 . . (1) Worker's Comoensation Insurance - A Policy covering the operations or the Contractor in accordance with the provisions or Chapter~1 or the Laws or 191~ as amended, known as the Worker's Compensation Law, covering all operations or the Contractor, whether perrormed by him or by his subcontractors. The Agreement shall be void and or no errect unless the person or corporation making or executing same shall secure compensation coverage ror the benerit or, and keep insured during the lire or said Agreement such employees in compliance with provisions or the Worker's Compensation Law. (2) General Liabilitu (Comorehensive Form) Insurance - Contractor's liability insurance issued to and covering legal liability or the Contractor with respect to all work perrormed by him under the Agreement. The Following ,insurance coverage shall be included: (a) Indeoendent Contractor's Liabilitu - Covering work subcontractors. Protective perrormed by (b) Comoleted Liabilitu. Ooerations or Product (c) Contractual Liabilitu. (d) Broad Form Prooertu Damaae. (e) Personal Inluru. NOTE: Ir any or the rating classirications embody property damage exclusions C or U, coverage ror eliminating such exclusions must be provided. Coverage ror the above will be required in not less than the rollowing amounts: SINGLE LIMITS OF LIABILITY: $1,000,000.00 AGGREGATE LIMITS OF LIABILITY: $10,000,000.00 A-10 , . . (3) Automobile Liabilitu Insurance - Policy shall include coverage for all owned as well as non-owned and hired vehicles, and limits shall not be less than the following amounts: BODILY INJURY LIABILITY Aggregate: $3,000,000.00 Each Person Each Occurrence $1,000,000.00 PROPERTY DAMAGE LIABILITY Aggregate: $3,000,000.00 Each Occurrence $1,000,000.00 1~.2 Bonds Prior to the execution of the Agreement, the successful Bidder shall furnish to the Town a Performance Bond wherein the named obligee is the Town of Southold. The Performance Bond's purpose is to secure the faithful performance of the Agreement. The bond amount shall be set forth in Section A-B.O. The bond shall be executed by a surety company approved by the Town authorized to do business in the State of New York and with an office or representative in Suffolk County, New York. The form shall be acceptable to the Town of Southold and shall have a term through the completion of services. As an alternative to the Performance Bond, the successful Binder may furnish a certified check, bank draft, money order, or a standard form irrevocable letter of credit. Certified check, bank draft or money order must be made payable to the order of the Town of Southold. The standard form irrevocable letter of credit shall be in a form acceptable to the Town of Southold. In the from any of its Town of Southold .vent the Contractor subcontractors, said as a dual obligee. secures a Performance Bond bond shall also name the Should the Town designate another public or private agent or 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 provi~ions, duties, services or requirements of such Agreement, A-II ~~ . . whether such losses and damages are surrered or sustained by the Town directly or its employees, licensees, agents, engineers, citizens or by other persons or corporations, including any or the Contractor's employees and agents who may seek to hold the Town liable thereror. This indemnity shall include any and all claims, penalties or other losses or damages incurred by the Town as a result or enrorcement or other proceedings by rederal, state or local government agencies relating to Contractor's Disposal SiteCs) operation. This obligation shall be ongoing, survive the term or the Agreement and include, but not be limited to, claims concerning non-sudden environmental impairments. The Bidder agrees to Join in the commencement or any action or proceeding or in the derense or any action or proceeding which in the opinion or the Town constitutes actual or threatened interrerence or interruption with the Town's rights hereunder, including all necessary appeals which may be necessary, in the opinion or the Town. 16.0 PAYMENTS Contractor shall receive monthly payments ror services perrormed during the prior calendar month upon submission or an invoice Cwith a Town voucher) that shall contain an itemized list or municipal solid waste haul trips rrom the Town or Southold Transrer Station including the tonnage or municipal solid waste and the manirest number ror each load or municipal solid waste removed. Such payments shall be made within sixty (60) days or the Town's approval or Contractor's invoice. Contractor's monthly invoice shall include a daily summary or tonnage received by Contractor at the Transrer Station. The Town shall be .entitled to deduct rrom any payment owing to Contractor any sums expended by the Town to cure any derault or other non-compliance by Contractor. 17.0 DEFAULT In the event the Contractor rails 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 rrom 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, 199~. If the Town enters into an intermunicipal solid waste haul/disposal agreement the Town may A-12 . " '-~;,<,...~-;;..;; ..._--~....._j~~~~~ /~~_.ff:?O___.._...... . ;f~~j~... /r.~q_m_ . /!~~i.__-/LOQ........... ... ... .i~.:-f.J14._.~5~._._ /ffP-fY." ~-:tpo __m.m.. mii_/g~_~~ -._m_..mm+j_.___.___m~-.--. . .m___._.~ m.~ IfT~~/f-~ ~f-> Itfr=?'t,r/ f'.;5Z; /~__~ /m:.~~rm-~-sv. Jf'0 -17 )?!}!-iIJ .... ~~ . rfl----"~.-~tJ:Xifu-. ..--. /1f/'1 L-.-..~ /fY W ._..._..._UoZtJ~oo~M . , .. . ..m ~ ~J7fr , ,.. ..~~ ----.-:i . ~ .mn ~ . .- ---i1... ....- ........- _n __nm. Iff-f- ~-=r~_~I!~._m___._.m... .... .. !1f15" ~ 1~JL-~g ,;?;.___ /~~ff7'iLz~.f?" /l'j1.1-fJtJ.Z5t2~-= l~q~f'~1 7':Z.l!0 ... .....; --__H_.P.,_?!~~~ 'I I Ii I; e 'l-Id. . ~~ ---'i!i4tft::!:~:~& - . . ... ..u......__... /f'f3jt. fs- ,fr ff ,f'o /91y~ ~7!' 68 /t?t?~-7'7 ~rf y-"/ /tJf7-ff ~cf;,7// Ifff-ff ~tJ.f3 .._m.._ ~rf53 ~&;. '-..-...------ . .-..~.."..,,-, -,._-, r!i- .6 -~~~ /ff~fl.- ~C-f) /'1ts:-fd:> 3160 let~J>1' -33.0(;> /7r~ ff ...3~{c. /ffR~f<l ..3~.Is- d:l.~f ~AeL._ ~~=.: (7 /~ 07J /161 /1.17 dtL).C57 OZ/-..1f /?~3 -MU- . . . 5UJ 5JQ..4 ... -" ...--- I . ~tf, ztt ~ to~. "z. 3 72. . ~ " 6 8-. ~I 1/ 1.s:0:5 - ~ ~ ..71, ")0 . 410,t/j [&-J 111 . .~ .'1'" ~~ i\~_m. (. 6<./-. ~ 0 a. b{, tr 0 _3. (.6 ,'7<1- 6'S~.~ 4 6 g.. '7 It .- ,~ g- a ~ ('4./1 --;:;r-------- '{P6 0, ~3 JJ F Sa ~~1;1;;. - ()~b JotJ. (/ (~. Ol> ~. I 1, ()'O ~. I '1. 0<> 4. :;..3. ~ 0 ~I :;.. ~. b-D -~/9'.1~ - /. 30. 00 ;2-. ~/. 50 -~ . ;53. ClO - if. ?<I-.6~ 6' .3t..I5: $32,V-rs 3/.50 I -1 J 7.()'O /J1az ~d.N ( 1 (9, Sd I. Ib.~O 2, (<t. S't') -1r" 8'.!J 2. (7,M. 3, ,;}o.ro 5. Iq.~1 ;'7 (;g- ~t/. Q2lS. $-0 4. .10. 01 - '!.j; ~b.n:> 5- , dl,J9 ~ ~ - 1$ f) o. De - .~ lB. If?:. . FEE: $50.00 (not refundable) . (Postage: $2.90) BID - SOLID WASTE HAUL/DISPOSAL SERVICES BID OPENING: 1:00 P.M., Thursday, May 26, 199/1. 1. Town Clerk's copy. 2. Dodge Reports 3. Brown's Letters /I. Henry Pope, SWMTF member 5. William Cremers, SWMTF member ./11 6. R.J. Wallace & Associates, P. O. Box 714, Rocky Point, NY 11778-0714 -2.90 due Robert Wallace, (516) 929-0878 5/11 7. I'Tully Const. Co., 127-50 Northern Blvd., Flushing, NY Peter Tully, .Pres. /11 8. ./ Jet Sanitation, 228 Blydenburgh Rd., Central Islip, NY Patricia Di M 1\1Tt.'"o 9. Town Attorney 11368-(718)446-7000. v 11722-234-7100 ~ 5/1210. Atlantic Waste Disp., 20 Exchange PI., 51st Floor, N.Y., N.Y. 10005 800-377-7424 Bill Galligan v11. N.F. Sanitation Service, P.O. Box 1498, Southold, N.Y. 11971 765-2868 J Roy A. Schelin - Owner 12.V MMC Corp. P.O. Box 2005, St. James, N.Y..11788 286-6800 Michael Malene - Owner .,r j/12~3.V Star Recycl~ng Inc., 123 Varvick Ave., Borrklyn NY 718-t..!J6-:-7~ FAX 718-628-7090 5/161/1.'" PIB~~~nt, 45B Sea Cliff Ave., Glen Cove, N.Y.11542 671-7394 Richard Zambelli - Pres. (Christopher Louth-Ciaccio) 5/1715.,.{Quality Resource Corp. 1983 Marcus Ave., Suite 121, Lake Success NY 11042 516-352-9600 FAX 352-9689 Glenn A. LaMay, Vice Pres. V 11237, Anthony Lomangino, CEO v v 16. . . JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFf1CER RECORDSMANAGEMENTOFf1CER FREEDOM OF INFORMATION OFf1CER Town Hall, 53095 Main Road P.O. Box Il79 Southold, New Yor!< 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 19, 1994 . TO: All Bidders RE: Solid Waste Haul & Disposal Services Solicitation Southold, New York ADDENDUM NO.1 Contract Document Revision(s) Submission Requirements: 1. Pg. A-7, Par. 8.0, Execution of Agreement, Furnishing of Bonds. Performance Bond - A Performance Bond shall be in an amount of five hundred thousand dollars ($500,000). 2. Pg. A-l0, Par. 14.0, Insurance and Bonds, 14.1(2). General Liability. Coverage for the above will be required in not less than the following amounts: SINGLE LIMITS OF LIABILITY: One Million Dollars ($1,000,000). AGGREGATE LIMITS OF LIABILITY: Five Million Dollars ($5,000,000). 3. Pg. 13, Par. 20.0, Subcontacts. Delete (2) u..eqtlit'e-tne-El~pasll"'Site-€a"tt-lIete..-te-ftt.."~h-te-€a"tt-lIete"-8"d tne-:r aW"-1I-pe..fa..mll"ee-ha"d-gtlll"1I"teetng-tne-8"1Ii+tlbi+ity-af-tne-El~pas8'"Site tn..atlgMtlt-tne-te..m-af-tne-Ag..eeme"h 4. I nformation Schedule J, Pg. 7, I V. Attachments. Delete reference to "performance bond". . . JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL ST A TlSTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 . Soulhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL TO:. TULLY CONSTRUCTION CO. FROM: JUDITH TERRY, TOWN CLERK DATE: M~ 25, 1994 1/.f.- K5-? - J"/5lJ Number of Pages (including cover): 3 If total transmittal is not received, please call (516)765-1801. . COMMENTS: . . JUDITHT. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 REGIS'IRAR OF VITAL STATISl1CS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD .. May 19, 1994 TO: All Bidders RE: Construction Material and/or Demolition Debris Haul & Disposal Services Solicitation ADDENDUM NO. 1 Contract Document Revision(s) Submission Requirements: 1. Pg. 1><7, Par. 8.0, Execution of Agreement, Furnishing of Bonds. Performance Bond - A Performance Bond shall be in the amount of two hundred fifty thousand dollars ($250,000). 2. Pg. A-10, Par. 14.0, Insurance and Bonds, 14.1(2). General Liability. Coverage for the above will be required in not less than the following amounts: SINGLE LIMITS OF LIABILITY: One Million Dollars ($1,000,000). AGGREGATE LIMITS OF LIABILITY: Five Million Dollars ($5,000,000). 3. Pg. 13, Par. 20.0, Subcontracts. Delete (2 ) Ill"eqtl it-e-the-9 ~pese"'Site-€:entt"8etel"-to- ftll"n~h-te-€:entl"eetol"-8ncl the-=J" ewn-8-pel"f6l"m8nee-bencl-gtl81"8nteeifolg-the-ev8HebHi+y-ef-the_9~pos8'"Site thl"etlghetlt-the-tel"m-ef-the-Agl"eemenh 4. Information Schedule J, Pg. 7, IV. Attachments. Delete reference to "performance bond". . . . JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 REGISTRAR OF VITAL SfATIsncs MARRIAGE OFFlCER RECORDSMANAGEMENTOFFlCER FREEDOM OF INFORMATION OFFlCER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 19, 1994 . TO: All Bidders RE: Solid Waste Haul & Disposal Services Solicitation Southold, New York ADDENDUM NO.1 Contract Document Revision(s) Submission Requirements: 1. Pg. A-7, Par. 8.0, Execution of Agreement, Furnishing of Bonds. Performance Bond - A Performance Bond shall be in an amount of five hundred thousand dollars ($500,000). 2. Pg. A-l0, Par. 14.0, Insurance and Bonds, 14.1(2). General Liability. Coverage for the above will be required in not less than the following amounts: SINGLE LIMITS OF LIABI L1TY: One Million Dollars ($1,000,000). AGGREGATE LIMITS OF LIABILITY: Five Million Dollars ($5,000,000). 3. Pg. 13, Par. 20.0, Subcontacts. Delete (2) I1reqlftre-the-9i-spllsaI-Stte-E:llnttolleter~te-fttrni-sh-te-E:llnttolletor_lInd the-111wn-a-perftlrmanee-bond-glfllrllnteeiflg-the-IIVllifebHity_1lf-the_9i-spoSIII-Stte thrlllfghlllft-the-term-llf-the-Agreemenh- Ii. Information Schedule J, Pg. 7, IV. Attachments. Delete reference to "performance bond". ............~...~.......................................................... TRAI'fSMISSION . RESULT REPORT ..............(MAY 25 '94 04:33PMl............ SOUTHdI!!' TOI4'l HALL 516 765 1823 CRUrO) ................. :................................................................................................................................................................................ MODE TOTFl.. F'ERSOI'R... LAEIEL PAGES 03 DATE STI'RT TIME MAY 2S 04:31PM REMOTE TERMINFlL IDENTIFICATION TIME RE- SULTS OK S FILE NO. 011 El ECM .................................................................................................................................................................................................................. 01'45" )lREDlJCTION SlSTANDARD DlDETAIL FlFII'E MlMEMORY ClCONFIDENTIFl.. $lTRFtlSf'ER PlPOLLING +lBATCH r ,p ~"I5 "137 022 ~ Certified Mail Receipt No Insurance Coverage Provided __ Do nol use for International Mail 1!Illl'A':lS (See Reverse) 8o,tto Richard Zambelli, Pre m nt street & No. 45B Sea Cliff Ave p.O., Slate & ZIP Code GI n Cove NY - 11542 $ .29 1.00 Special DtN Restricted _m i IoWhom& .- Retum Receipt ~ Olde, & Address " ~ lOTAl Postage r::i & Fees 51 FostmarkorDate ... E .f ~ JTT ~ 1.00 $ 2.29 P 11"15 '37 024 ~ Certified Mail Receipt ~. No Insurance Coverage Provided __ 00 not use for Int~rnational Mail 1!Illl'A':lS (See Reverse) 8o"'to Michael Malene MMC Cor oration Street & No. Post... Certified Fee .29 1.00 Restricted RetumR i to Whom & .- Return Rece ~ Date, & " "'TOrA.l~ -.- I Postmark Of Date ... E .f ~ JTT .00 P 11'5 '37 019 ~Certlfled Mall Rtl.celpt No I_ranee eow_ P'rovided -Do not uee for InlematloneJ Mail -;; (See FIeverse) Sontto Peter -T\llly, Pres. Tull Construction Co. Street & No. 127 50 Northern Blvd p.O., Stale & ZIP Code - ,p ~95 '37 021 ~ Certified Mail Receipt No Insurance Coverage Provided â„¢ Do not use for International Mail - l!Illl'ollllli (See Reverse) 8o"'toGlenn laMay, VP u lit Resource Cor Slreet& No. 1983 Marcus Ave Suite 12 p.O., State & ZIP Code Lake Success - NY 11042 $ .29 1.00 Certified Fee Rest Retum 1il toW"'" .- Retum ~ D_,& " , TOTAL ~ e:i & Fees ! Postmark or Date E .f ~ JTT $ P ""IS '37 025 ~Certified Mail Receipt No Insurance Coverage Provided â„¢ Do not use for International Mail == (See Reveree) 8o"'to Roy Schelin North Fork Sanitation Street & No. POBox 1498 p.O., State & ZIP Code Southold, NY 11971 $ .29 1.00 Post... Certirll!ld Fee Special DellV9? Fee 1.00 $ 2.29 JTT _ P1395 937 01a ~Certlfled Mall ReceIpt No Insurance Coverage Provided no Do not use for International Mall -;; (See Reverse) 80.... Patricia DeMatteo StfeeI& No. 228 Blydenburgh Rd P.O., State & ZIP Code . P /1"15 "137 023 ~ Certified Mail Receipt ~~ No Insurance Coverage Provided -.ili Do not use for International Mail ~=s (See Reverse) Senlto . Anthony LOplangmo, 0- J n lnc. Slreet & No. Brookl n NY 11237 $ .29 1.00 Post... Certified Fee 2.29 JTT P /195 "137 01b ~ Certified Mail Ref ~ No Insurance Coverage P",- .....;00 not use for International 1!Illl'.lIIB (See Reverse) 80",,, I a 19an Atlantic Waste Dis sal Street & No. p.o., Stille & ZIP Code PI 51 Fie w York NY - 10005 $ . L _1.0 1.2 $ 2.2' JTT P 6'5 '37 D],7 . Certified Mail Recel ~ ranee Coverage Prow No InIU for International M _ Do not use --;; (See Reverse) - t a lace 80.... Rober & Associa R J Wall ce Sueet & No. r .-",~",-"",-,;."~--".",=",,",,,,,,,,,...,-- I . Complete item. 1 and/or 2 for addltlonel "rYlce.. . Carnt*M ItemI 3. .nd 4a 81 b. . PfInt your name and add,... on the rev'.... of this form IlO th8t we can NUn thiI card to you. . AUKh thft form to the front of the mallplec8, Of on the back if apace _not_. . . - Writll'1tdImfttceipt Requuted" on the m11l1piece below the article number . Rft.tm Receipt Fee wlH provide you the IIgMture of ~ person dellvt tt.datlIoft.tellw . Article ....reued to: 1 also wish to receive the following services (for an extra f..l: 1. D Addressee's Address 2. 0 Restricted Delivery Consult ostmaster for fee. 48. Article Number ,'( P 895 937 024 4b. S.rvic. Type D Regi.t.r.d IXI C.rtified Exprell Mail ;i; MieRael Malene '-. MMe. Corporation P O.Box 2005 St . } s N,Y 11788 D Insured D COD o Retum Receipt for r h n isa ate of Delivery . . ddr....... Add.... (Only If r.quested nd f.. I. p.ldl 8. PS Form . Nov.mber 1990 ~U."OPO:11101 217_ DOMESTIC RETURN RECEIPT I also wish to receive the following services (for llin extra f..): 1. 0 Addressee's Address . Complete Item. 1 and/or 2 for additional Hrvlces. . Com... heme 3. and ... 6. b. . Prlnt your ntme and addre.. on the reverse of tN. form 10 that we cen mum thiI c.rd to you. . Attach thiI form to the front of the m.llpiece. or on the blick if .pece does not permit. . Write "Return Receipt Reque.tad" on the mlllp6ece below the .rttc. number. 2. 0 Restricted Delivery . The Return Receipt Fee will provide you the .ignMure of the perRn dellYe ~to enct the dtte of deflyery. Consult stma8ter for fee. 3. Article Addressed to: 4a. Article Number Glenn LaMay. VP Quality Resource Corp 1983 Marcus Ave., Suite 121 Lake Success NY 11042 4b. Servic. Type D Regist.red ~ C.rtlfi.d D Exprs.. M.i1 o Insured D COD o Return Receipt for Mere ise 7. Date of Delivery 5. . .. ""'''. 8. Addr....... Addr... (Only requ.sted and fee is paid) 8. PS F<lmI .1I~v""'r1990 ;.I1S.ClIPOl'.'-"". . I)OMESnCUt&Tll.N RECEIPT . Complete item. 1 and/or 2 for additlontll .ervice.. . Comptete lterM 3, end 41 6. b. . Print Your neml end addr... on the reve"e of thia form 10 that we cen return tN. cerci to you. . Attach thla form to the front of the m.ilp&ece. or on the blick If ap.ce doea not permit. . Write "Return R,"*pt Requeated" on the rnellpiece below the .rtlc" number . The Return Receipt Fee will provide you the aigneture of the person dellvere to end the date of delivery. 3. Article Addressed to: I also wish to receive the following services (for an extra f..): 1. 0 Addressee'. Address 4.. 2. D R..tricted D.liv.ry Consult ostmaster for fee. Article Number Peter Tully, Pres. . Tully Construction Co. 127"50 Northern Blvd l Flus"ing NY 11363 P 95 9 7 4b. Service Type D R.gi.t.r.d gj C.rtified o Express Mail 19 o Insured DCOD o Return Receipt for M r h I 7. Date of Delivery ~ Form 8. Addressee's Address IOnly If requested .nd f.. I. p.id) 5. Signature 6. Signatur . Nov.mber 1990 ~u." opo, ,.,-",_ DOMESTIC RETURN RECEIPT ,..",,,,.- ) ( f r I i r , .: """"'~=.. ND : . CComPlete It.me 1 end/or 2 for edditionel ..rvle.. . omplete It.m. 3, end 41 .. b. . . Print yQur neme end eddre.. on the rev f ~I r.tum this cerci to you. er.. 0 m' form so thet w. can ;o:.~~h ~~~rmto th. front of the meilpl.ee, or on the beck If .p.ce : Write "R.wm Receipt: RlCfUHted" on the mllilpiece beklw the emeal number to ~ :u~-:r:=lrv-:ry~'" provld. you the signlture of the-person deilv. . 3. Article Addressed to: Patricia DiMatteo Jet Sanitation 228 Blydenburgh Central I slip NY I also wish to receive the following services (for an extra fool: 1. 0 Addressee'. Address 40. 2. 0 Ro.tricted Dolivory Consult stmaster for fee. Article Number I Rd 11722 4b. Servico Typo o Registered 0 Insured KJ Cortifled 0 COD o Express Mail 0 Return Receipt for M rch n 7. Date of Delivery k 5. Signature (Addressee) 8. Addr'..e.'s Ad ond foo 10 pold) 'I 1 6. Signature (Agent) PS Form , November 1990 il'U.8.GPO:1.1-217.oee DOIlltESI!<: !JllURtLRECEIPl'- E DE : . Complete Item. 1 and/or 2 for edditlonel ..rvlce.. . Completlltem8 3. end 4a .. b. . print your name end eddrlss on the r.v..... of this form .0 that we cen retum this elrd to you. . Attach this form to the front of the mel1ptece, or on the beck If Ipec. doe. not permit. . Write "Ratum R.celpt: Requested" on the meDplecI tMJk)w the Iftk:Ie number. . The RetUrn Receipt Fee will provide you the .igMture of the pe n dellv.re to end the dete of delivery. 3. Article Addressed to: I also wish to receive the following services (for an extra fool: 1. 0 Addro..ee'. Addro.. 2. 0 Restricted Delivery Consult ostm8lter for fee. . Article Number P 895 937 017 !Obert Wallace . .J. Wallace & Associates o Box 7111 . ocky Point NY 11718-07111 4b. Sorvico Typo o Registered IKI Cortifiod o Expre.. Mail 7. Date of Deliv o In.ured o COD o 5. 8. 6. gnature (Agent) PS Form . Novomber 1990 ..u... QPO: '10'-28'_ DOMESTIC RETURN RECEIPT I 01.0 wi.h to rocoivo.1bil" f~ following service. (for an {eXtra-' :~- fee): r'.. t~;~\it' 1. 0 Addressee'. AdJ..~.. <. :~:\ ~.. -~, lc.4fi , 2. 0 Restrictod Delivory" ')(" ,ei>' Consult stmaster for fee. (: 4a. Article Number P 895 937 023 . Cornplett item. 1 .nd/or 2 for addItIonel ..rvlces. . Complete ItemS 3. and ... . b. . PrInt your neme and eddreu on the revet'H of this form 10 that we can mum this cerd to you, . Attach thI. form to the front of the mellpiece, or on the back If .pact! does not permit. . Write "RlrtUm Receipt: Requested" on the mailpiece tMJk)w the ertlel. number . The Retum Receipt Fee will provide you the signature of the person dellv. to .-w:t the dete of deli 3. Article Addressed to: Anthony Lomangino. CEO Stt Recycling Inc. 12 Varrick Ave Br klyn NY 11237 4b. Service Type o Rogi.tored 0 In.ured ~ Cortifiod 0 COD o Express Mail 0 Return Receipt for r I 7. Date of Delivery MAY , 8. Addressee's Address (Only If requeated:1' ond f....1. poid) I" 6. Sign sture (Agent) PS Form c ~.~ ESTlC RETURN RECEIPT I, ,',< ovember 1990 il' U.8. GPO: 1.1 m.oee ~~"-~~..'- '''-'"~"-.-.",,,"" SENDER: . Complete item. 1 and/ 2 . Complete item. 3, and 0;' ~o; eddftJonal services. . Print your neme end Idd . retum thil cerci to you. res. on the rev..... of this form . Attech this form t th fr doe. not permit. o. ant of the meilpiece, or on the b . Write "Return Rec.ipt: Requelted" . Th. R.tum Receipt F.. will on the mellpiec;:. below tt: to end the date of delivery. provide you the algnature of the 3. Article Addressed to: Bill Galligan AtJantice Waste Disposal 20 Exchange PI, 51 Floor New York NY 10005 I ) I i I " f,! ~ I~ 5~(~~ 6. Slgneturo (Agont) PS Form .1~, Nd~Jrit~~ 1b~ il'U.8. OPO: 1.1~~ SENDER: . Complete lteml 1 .nd/or 2 for eddItIon.1 ."vlce.. . Comptete item. 3, end 4e .. b. . Print your neme III'Id Rdr... on the rever.. of this form se: retum this Clrd to you. . AttlCh thl. form to the front of the manpiece, or on the b:: dOlI not permit. . Write "RlrtUm Receipt: Requ.sted" on the mellpiece below tt-r . The Raturn Receipt Fee will provld. you the slgnatur. of the : to .nd the dati of delivery. 3. Article Addressed to: ::: Roy Schelin North Fork Sanitation POBox 11198 Southold NY 11971 / ~\ 1ft ~~ ~l .~ 'I ... -t 5. Signature (Addressee) 6. Signoturo (Agont) ~ PSF~19~ -~~ <1 \it SENDER: . comp&ete Items 1 Ind/or 2 for additional ..rvlclS. . Complete lteml 3, snd 4e .' b. . Print your nlm. and Rdreft on the rIv..... of this form retum this card to you. . Attach this form to the front of the mailpleee. or on the doe. not penmt. . Write "Retum Receipt Requested" on the mellplece below . The Return Receipt F.. will provide you the signature of ii to and the date of d.llvery. 3. Article Addressed to: Richard Zambelli, Pres. Planet Waste Management lISB Sea Cliff Ave Glen Cove NY 115112 v ~ :;~ ;,' ',~. 5. .U"", .",: ' . . JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 REGISTRAR OF VITAL SfATISTICS MARRIAGE ornCER RECORDSMANAGEMENTOrnCER FREEDOM OF INFORMATION OrnCER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 19, 19911 . TO: All Bidders RE: Solid Waste Haul & Disposal Services Solicitation Southold, New York ADDENDUM NO.1 Contract Document Revision(s) Submission Requirements: 1. Pg. A-7, Par. 8.0, Execution of Agreement, Furnishing of Bonds. Performance Bond - A Performance Bond shall be in an amount of five hundred thousand dollars ($500,000). 2. Pg. A-l0, Par. 111.0, Insurance and Bonds, 111.1(2). General Liability. Coverage for the above will be required in not less than the fOllowing amounts: SINGLE LIMITS OF LIABILITY: One Million Dollars ($1,000,000). AGGREGATE LIMITS OF LIABILITY: Five Million Dollars ($5,000,000). 3. Pg. 13, Par. 20.0, Subcontacts. Delete (2) Ilreqtlit"e-the-9ispllslII-Site-€1l"t'rlletor-to-ftIr"ish-to-€1l"t'rlletor-1I"d the-:r llw"-a-performll"ee-bll"d-gtlarll"toe""g-the-lIyaHebHity-llf-the-9isposlIl-Site thrlltlghlltl t-the-torm-llf-the-Agreeme" to ~ II. Information Schedule J, pg. 7, IV. Attachments. Delete reference to "performance bond". ~ . , . . . . . JUDI11f T. TERRY TOWN CLERK REGISTRAR OF VITAL STAnSTICS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 11, 1994 R. J. Wallace & Associates P. O. Box 714 Rocky Point. New York 11778-07111 Please remit: > AMOUNT DUE = $2.90 postage Cost for mailing Bid Solicitation for Solid Waste Haul-Disposal Thank you . . . u. lilY 1 1 19M ... CIIIIII - - "J WaOatt & ~JOtiatd P.O. Box 714 Rocky Point, New York 11778-0714 (516)929-0878 May 8, 1994 Office of the Town Clerk Southold Town Hall 53095 Main Rd. Southold, New York 11971 Re: Solid Waste Haul- Disposal Dear Sir/Madame: Pursuant to the Notice to Bidders on the Solid Waste Haul-Disposal Service Contract I hereby request a full copy of the Bid Solicitation be mailed to me at the above address. I enclose herewith my check for the $50.00 fee. I thank you for your anticipated cooperation. Sincerely yours, It .lcdtf~.1.- R~l: J. Wallace FROM (COMPANY NAME) ~O UTtiD <-l> ADDRESS .r:=pSJOFS CITY SEJ:Y~A~{q $ .T C' u.-.u (J-1 f) fA...! STATE )JL( PHONE SHIPMENT VALUATION . DATE Clfa b ZIP CODE IREQUIREDJ !{77( RECEIVER 1rv:?Vy,J.:3 METHOD OF PAYMENT :A'i'iIJ,'IIFr-; TMA II UNLCSS OIHFRWIS[ N01FD, o ~~L~DEf{ ){1 ~~L~EIVER AIRBORNE ACCOUNT NO BILL o 3m PARTY 00 PAID IN o ADVANCE CHECK NO, / AMOUNT fJlII 1,'jG Rrf[h'f-NCC iWII r /If'rCA[1 ON INVOICf-; THANK YOU FOR SHIPPING WlTH AlRBORNEEXPRESSI -It'-9Y RO~Lfo SFNDl:R'<; ropy AiRBORNE' fXPRI..... ...... + , >""",,~ EXECUTIVE OFFICES P.o. BOX 662, SEATTLE, WA 9811 j c.]~ ..~ (>, USE THIS AIRBIll FOR SHIPMENTS WITHIN THf'U4,& TO AND FROM PUERl'ORJCC), ABSENT A HIGHER SHIPMENT VALUATION, CARRJER'S UABlUTY IS L1MJTED TO $9.07 PER POUND PER PIECE. SPECIAL OR CONSEQUENTIAL DAI\.1AGES ARE NOT RECOVERABLE.. ,.SEE TERMS AND CONOITIONSON REVERSE SIDE OF THIS NON-NEGOTIABlE AIRBiLL. SCACAIRB FEOIONQ9t-083746-9 DROP OFF LOCATION o AiRBORNE TERMINAL o DROP BOX No. '( '-, STAll/fiG INC. ~~~~ R,C ,,"(C~<, eO~.rb ~~.; ~t" ~3 Varick Avenue, Brooklyn, New York 11237 . Telephone (718) 386-7900 . Fax (718) 628-7090 MAY 1 ).1994 - (LcA-iu",.0A'- C/,,-f1A-"<J.d ICIINR CI8Ik ~y II, 1994 Judith T. Terry, Southold Town Clerk Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Bids Specs for Hauling and Disposal of Solid Waste and Construction Waste Dear Ms. Terry: Pursuant to our telephone call with your office on Wednesday, May II, 1994 enclosed please find a check in the amount of $100.00 to cover bid specs on the following: Hauling and Disposal of Solid Waste for the Town of Southold Construction Waste for the Town of Southold Also enclosed, please find an airbill for overnight mailing of the bids. Should you have any questions, please contact us. Very truly yours, ~~ Chief Executive Officer ALlal Enc!. PROTECTING TOMORROW'S ENVIRONMENT TODAY ConlUm.f/ltl.Inl'~ LEGAL NonCE NOTICE 10 BIDDERS SOLID WASTE HAUL-DISPOSAL SERVICES NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that the Town of Southold will receive sealed bids for Solid Waste Haul-Disposal Services until the time and at the loca- tion herein specified, which will then be opened and publicly read aloud. PLACE: Office of the Town Clerk, South old Town Hall, 53095 Main Road, South old, New York 11971. (516) 765-1800. DATE: Thursday, May 26, 1994 TIME: 1:00 P.M. EDST (Late Bids WILL NOT be opened). The offer to be made in ac- cordance with this Bid Solicitation shall include a bid on the following: A Bid price per ton, to pro- vide equipment and labor for hauling solid waste and disposing solid waste at the Contractor's Solid Waste Disposal Site. The term of this Agreement shall be three (3) years commencing on July 10, 1994. If the Town enters into an intermunicipal solid waste haul/disposal Agreement, the Town may terminate the Agreement at any time during Agreement years two (2) and three (3) by giving six (6) months written notice to the Contractor. The Town, at its sole discretion, shall have the option of renewing the Agree- ment for two (2) additional one (I) year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the ex- piration of the term. Bids must be made in writing on the forms furnish- ed, and shall be accompanied by a Big Guaranty in the form of certified check, money order, bank draft or standard form letter of credit made payable to the 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 South old. The suc('~n"rll] Bidder shall he rcquir( I furnish a Per- formance Bond, and in- surance in accordance with the Instructions in the Bid Solicitation. The bid price shall not in- clude any tax, federal, state, or local, from which fhe Town of Southold is exempt. A Ridder may nol withdraw his bid within forty-five (45) days after the opening of the bids, but may withdraw his Bid at any time prior to the scheduled time for the open- ing of the bids. The Town reserves the right to reject any and all bids and to waive informalities, should this action be in the best in- terest of the Town of Soulhold. Bid Solicitation containing submission requirements, in- structions, technical specifica- tions, 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 al: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Bidders will be allowed to ask questions regarding the Bid Solicitation during a pre- bid conference to be held at 9:00 A.M., Thursday, May 12. 1994 at: South old Town Hall 53095 Main Road Southold, New York 11971 All bidders are encouraged roinspect the Southold Towll Transfer Station prior to the bid conference. Appointment-; to do so may be scheduled by calling James Bunchuck at (516) 734-7685. For further information regarding bidding re- quirements, contact Judith T Terry (516) 765-1800. For in. formation regarding Town of Southold waste program and haul-disposal operations, con- tact James BunchlH:k (SIt)) 734-7685. Dated: April 29, 1994 JUDITH T. TERRY SOUTHOLD mWN CLERK 1 X _'i <:; 'l)4() 'I COUNTY OF SUFFOI,K STATE OF NEW YORK ss: Patricia Wood, being duly sworn. says that she is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold. in Suffolk County; and that the notice of which the annexed is a printed copy. has been published in said Traveler-Watchman once each week for . . . . . . . . . . . . . . o". . . . . . . . . . . . . . . weeks successjvely. commencing ".,--. ,-, .... .-....... on the / day.. / of 19. .'<'':.. ............ , , " ,. ..,....- t- ..... 'i............. .'-............ Sworn to ,- :....< ..::... .day on thiE before of me fj)/(_c I ....... . .......... , 19. . .I"~-;('i:/:,!,~.'~_. .1 ;-"!;",:~__{ ~_.,:(, Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC. State of New YOItI No. 4806846 Qualified in Suffolk County Commission Expires /7 'I STATE OF NEW YORK) ) SS: tlt~ OF SUFFOLK) . t,-~__~______ 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 -----1-_ weeks successively, commencing on the -.5_day of MC4.f- 19~. LEGAL NUflLi', NOTICE TO BIDDERS SOLID WASTE HAUL-DISPOSAL SERVICES NOTICE IS HEREBY GIVEN. in accordance with the provisions of Section 103 of the General MLlllidpal Law, that the TO....,1l of Southold \,,'ilJ reeei ve sealed bids for Solid Wasle Haul-Disposal Services until the I.~me and af the ]ocalion herein speci- lied, whil.:h will thtn be opened and publicly read aloud. PLACE: Office of lhl' Town CierI- SOllthold Town Hall 53095 f\1ain R\Xld SOlJthold. New Yorl-: J 1971 (516) 765-1800 Thursdal, May 26. J994 1 :00 ]}.M. EDST (Late Aids WILL NOT he DA.TE TIi\1E: opened) The offer fa he made in accordance with this Bid Solicitation shall include a bid on the fOIlO\.viog' A bid price per ton, to provide cql~ipmcnt and labor for hauling solid waste and disposing solid waste at the Contractor's Solid Waste Disposal Site. The term of this Agreemenl shall be three (3) years commencing on July 10. 1994. If the Town enters inlo an intermunicipal solid waste ~aul/disposar Agrcemclll, lhe CHRISTINA VOLINSKI Ill. . : .tJ,1A,. LJeht(... NolIIry Public, Stala of Naw Yortt ~ No. 6004884 " ) Princlpai Clerk . Qualifiad in Suffolk County Commission Expires NO\l8mb4lr 23. 19....' " (""'l 1/ ."' / I; i ) Sworn tp before me th~ ' day of I it ( 1 \ I l!J It I " . - . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY. Town Clerk of the Town of Southold. New York. being duly sworn. says that on the. 29th day of April 1994. 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. Bid opening: Office. Notice to Bidders, Solid Waste Haul-Disposal Services. 1:00 P.M., Thursday, May 26. 1994, Southold Town Clerk's Judith T. Terry Southold Town Cler Sworn to before me this 29th day of April . 1994. JOYCE M. WILKINS Notary Public. State of New York No. 4962246. Suffolk CounJY _ Term Expires June 12.1~ II . . LEGAL NOTICE NOTICE TO BIDDERS SOLID WASTE HAUL-DISPOSAL SERVICES NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that the Town of Southold will receive sealed bids for Solid Waste Haul-Disposal Services until the time and at the location herein specified, which will then be opened and public read aloud. PLACE: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 (516) 765-1800 Thursday, May 26, 199' 1 :00 P.M. EDST DATE: TIME: (Late Bids WI LL NOT be opened) The offer to be made in accordance with this Bid Solicitation shall include a bid on the following: A bid price per ton, to provide equipment and labor for hauling solid waste and disposing solid waste at the Contractor's Solid Waste Disposal Site. The term of this Agreement shall be three (3) years commencing on July 10, 1994. If the Town enters into an intermunicipal solid waste haul/disposal Agreement, the Town may terminate the Agreement at any time during Agreement years two (2) and three (3) by giving six (6) months written notice to the Contractor. 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 the 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. II Page 2 - Solid w.e Haul-Disposal . 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 the bids, but may withdraw his Bid at any time prior to the scheduled time for the opening of the 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. 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 9:00 A.M., Thursday, May 12, 1994 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 T. Terry (516) 765-1800. For information regarding Town of Southold waste program and haul-disposal operations, contact James Bunchuck (516) 734-7685. Dated: April 29, 1994. JUDITH T. TERRY SOUTHOLD TOWN CLERK * * * . II Page 3 - Solid W.e Haul-Disposal . PLEASE PUBLISH ON MAY 5, 19911, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Traveler-Watchman Town Board Members Town Attorney Solid Waste Coord. Bunchuck Dodge Reports Brown's Letters Town Clerk's Bulletin Board ,; , , - , " '_~~'I.. .-e -572:)1 f ___ , . . ~/ ~f--:/ / ~/,/ '('"''''-- ..---------------. ---: LEGAL NOTICE NOTICE TO BIDDERS SOLID WASTE HAUL-DISPOSAL SERVICES NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that the Town of Southold will receive sealed bids for Solid Waste Haul-Disposal Services until the time and at the location herein specified, which will then be opened and public read aloud. PLACE: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 (516) 765-1800 Thursday, May 26, 1994 1 :00 P.M. EDST (Late Bids WI LL NOT be opened) offer to be made in accordance with this Bid Solicitation shall DATE: TIME: The include a bid on the following: A bid price per ton, to provide equipment and labor for hauling solid waste and disposing solid waste at the Contractor's Solid Waste Disposal Site. The term of this Agreement shall be three (3) years commencing on July 10, 199L1. If the Town enters into an intermunicipal solid waste haul/disposal Agreement, the Town may terminate the Agreement at any time during Agreement years two (2) and three (3) by giving six (6) months written notice to the Contractor. 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 the 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 Solicitati05. . Page 2 - Solid Waste Haul-Disposal 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 the bids, but may withdraw his Bid at any time prior to the scheduled time for the opening of the 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. 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 9:00 A.M., Thursday, May 12, 1994 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 T. Terry (516) 765-1800. For information regarding Town of Southold waste program and haul-disposal operations, contact James Bunchuck (516) 734-7685. Dated: April 29, 1994. JUDITH T. TERRY SOUTHOLD TOWN CLERK * * * Page 3 - Solid wa4ll Haul-Disposal . PLEASE PUBLISH ON MAY 5, 1994, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Traveler-Watchman Town Board Members Town Attorney Solid Waste Coord. Bunchuck Dodge Reports Brown's Letters Town Clerk's Bulletin Boa,'d ~ ( / / / ..----- . _...--" / ./ .~ /.'>-c0;/ L/ -- ;;( f/ LEGAL NOTICE NOTICE TO BIDDERS SOLID WASTE HAUL-DISPOSAL SERVICES NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that the Town of Southold will receive sealed bids for Solid Waste Haul-Disposal Services until the time and at the location herein specified, which will then be opened and public read aloud. PLACE: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 (516) 765-1800 Thursday, May 26, 1994 1 :00 P.M. EDST DATE: TIME: (Late Bids WI LL NOT be opened) The offer to be made in accordance with this Bid Solicitation shall include a bid on the following: A bid price per ton, to provide equipment and labor for hauling solid waste and disposing solid waste at the Contractor's Solid Waste Disposal Site. The term of this Agreement shall be three (3) years commencing on July 10, 1994. If the Town enters into an intermunicipal solid waste haul/disposal Agreement, the Town may terminate the Agreement at any time during Agreement years two (2) and three (3) by giving six (6) months written notice to the Contractor. 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 the 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. Page 2 - Solid Waste Haul-Disposal 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 the bids, but may withdraw his Bid at any time prior to the scheduled time for the opening of the 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. 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 9:00 A.M., Thursday, May 12, 1994 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 T. Terry (516) 765-1800. For information regarding Town of Southold waste program and haul-disposal operations, contact James Bunchuck (516) 734-7685. Dated: April 29, 1994. JUDITH T. TERRY SOUTHOLD TOWN CLERK * * * JIIIIII""'""" ... Page 3 - Solid watl Haul-Disposal . PLEASE PUBLISH ON MAY 5. 19911, AND' FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY. TOWN CLERK, TOWN HALL, 53095 MAIN ROAD, SOUTHOLD. NEW YORK 11971. Copies to the following: The Suffolk Times The Traveler-Watchman Town Board Members Town Attorney Solid Waste Coord. Bunchuck Dodge Reports Brown's Letters Town Clerk's Bulletin Board .- . . NOTICE TO BIDDERS Solid Waste Haul-Disposal Services The Town of Southold will receive sealed bids for solid waste 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 26, 199~ TIME: 1:00 P.M. EDST (LATE BIDS WILL NOT BE OPENED) The offer to be made in accordance with Solicitation shall include a bid on the following: this Bid A bid price per ton, to provide equipment and labor for hauling solid waste and disposing solid waste at the Contractor's Solid Waste Oisposal Site. The term of this Agreement shall be three (3) years commencing on July 10, 199~. If the Town enters into an intermunicipal solid waste haul/disposal Agreement, the Town may terminate the Agreement at any time during Agreement years two (2) and three (3) by giving six (6) months written notice to the Contractor. 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 cheek, 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 Performance Bond, and insurance in instructions in the Bid Solicitation. required to accordance furnish a with the ., . . " The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. A Bidder days aFter the any time prior may not withdraw his opening of the bids, to the scheduled time bid within forty-five (~5) but may withdraw his Bid at 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 ~:OO 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 9:00 A.M., Thursday, May 12, 199~ at: Southold Town Hall 53095 Main Road Southold, New York 11971 All bidders are TransFer Station prior so may be scheduled by encouraged to inspect to the bid conFerence. calling James Bunchuck the Southold Town Appointments to do at (516) 73~-7685. Judith r. 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) 73~-7685. " BIDDER'S SOLICITATION SOLID WASTE HAUL AND DISPOSAL SERVICES AGREEMENT DOCUMENTS MAY 1994 I I I I I I I I I I I I I I . - BIDDER'S SOLICITATION SOLID WASTE HAUL AND DISPOSAL SERVICES AGREEMENT DOCUMENTS TOWN OF SOUTHOLD STATE OF NEW YORK . - . TOWN OF SOUTHOLO Prepared by: Solid Waste Task Force Technical Committee 53095 lIain Road Southold, NY 11971 "l , . JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Soulhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 19, 1994 I> TO: All Bidders RE: Solid Waste Haul & Disposal Services Solicitation Southold, New York ADDENDUM NO.1 Contract Document Revision(s) Submission Requirements: 1. Pg. A-7, Par. 8.0, Execution of Agreement, Furnishing of Bonds. Performance Bond - A Performance Bond shall be in an amount of five hundred thousand dollars ($500,000). 2. Pg. A-l0, Par. 14.0, Insurance and Bonds, 14.1(2). General Liability. Coverage for the above will be required in not less than the following amounts: SINGLE LIMITS OF LIABILITY: One AGGREGATE LIMITS OF LIABILITY: Million Dollars ($1,000,000). Five Million Dollars ($5,000,000). 3. Pg. 13, Par. 20.0, Subcontacts. Delete (2) ut"eqtlH-e-the-Eli-5l'ossI-Site-€o"t1"setet"-te-ftl t""i-5h-te-€o"t1"setet"-s"6 the-T OW" -s -I'et"fflt"ms" ee-bo" 6-g tlS t"S" teeing -the-s v sHebHfty -of-the-El i-5l'ossl-S ite tht"Otlg hotl t-the-tet"m-of-the-Ag t"eeme"t. 4. Information Schedule J, Pg. 7, IV. Attachments. Delete reference to "performance bond". I I I I I I I I I I I I I I I I I = . . I . , NOTICE TO BIDDERS Solid Waste Haul-Disposal Services The Town of Southold will receive sealed bids for solid waste haul-disposal services until the time and at the location herein specified which will then be opened and publicl~ read aloud; PLACE: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 (516) 765-1800 DATE: Thursda~, Ma~ 26, 199~ TIME: 1:00 P.M. EDST (LATE BIOS WILL NOT BE OPENED) The offer to be made in accordance with Solicitation shall include a bid on the following: this Bid A bid price per ton, to provide equipment and labor for hauling solid waste and disposing solid waste at the Contractor's Solid Waste Disposal Site. The term of this Agreement shall be three (3) ~ears commencing on Jul~ 10, 199~. If the Town enters into an intermunicipal solid waste haul/disposal Agreement, the Town ma~ terminate the Agreement at an~ time during Agreement ~ears two (2) and three (3) b~ giving six (6) months written notice to the Contractor. The Town, at its sole discretion, shall have the option of renewing the Agreement for two additional one ~ear 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 Dn the fDrms furnished and shall be accDmpanied by a Bid Guaranty in the form of certified check, money order, bank draft Dr standard fDrm letter Df credit made payable to Town of Southold, or bid bond, in the sum of Dne hundred thDusand dDllars ($100,000.00) wherein the named Dbligee shall be the TDwn Df SDuthDld. The successful Bidder shall be Performance BDnd, and insurance in instructions in the Bid Solicitation. required to accDrdance furnish a with the I I I I I I I I I I I I I I I I I I I . , The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. A Bidder days after the any time prior may not withdraw his opening of the bids, to the scheduled time bid within forty-five (~5) but may withdraw his Bid at for the opening of bids. The Town reserves the right to reject any waive informalities, should this action be in of the Town of Southold. or all bids and to the best interest 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 ~:OO 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 Southold Town Hall 53095 Main Road Southold, New York Clerk 11971 Bidders will be allowed Solicitation during a pre-bid Thursday, May 12, 199~ at: to ask questions regarding the Bid conference to be held at 9:00 A.M., Southold Town Hall 53095 Main Road Southold, New York 11971 All bidders are Transfer Station prior so may be scheduled by encouraged to inspect to the bid conference. calling James Bunchuck the Southold Town Appointments to do at (516) 73~-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) 73~-7685. I I I I I I I I I I I I I I I I I . , TABLE OF CONTENTS GLOSSARY OF TERMS SECTION A - SUBMISSION REQUIREMENTS 1.0 2.0 3.0 '1:.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13 .0 1'1:.0 15.0 16.0 17.0 18.0 19.0 20.0 21.0 Project Purpose Schedule Examination of Agreement Documents Information to be Submitted '1:.1 Contractual Bid '1:.2 Supplemental Information Bid Format 5.1 Binding 5.2 Form Preparation Submission of Bid 6.1 Withdrawal of Bids 6.2 Questions & Addenda Bid Guaranty Execution of Agreement Consideration of Bids Selection of Contractor Acceptance of Bid Assignment Limitation of Funds Available Insurance and Bonds 1'1:.1 Insurance 1'1:.2 Bonds Indemnity (Hold Harmless) Payments Default Term of Agreement Service Agreement Subcontracts Rights and Options SECTION B - BID SPECIFICATIONS 1.0 Requirements 2.0 Program Goals and Objectives 3.0 Potential Regulatory and Operational Changes '1:.0 Character of the Solid Waste '1:.1 Quality and Characteristics 5.0 Program Activities 5.1 Collection 5.2 Loading Mode 5.3 Town of Southoid Accident and Damage Policy 5.'1: NYSDEC Part 360 Permit to Operate 6.0 Haui Services 6.1 Work Included 6.2 Equipment 6.3 Weighings l~ 3 A- A- 1 A- 1 A- 2 A~ 3 A- 3 A- '1: A- 5 A~ 5 A- 5 A- 6 A- 6 A- 6 A- 7 A- 7 A- 8 A- 8 A- 9 A~ 9 A- 9 A- 9 A- 9 A-11 A~11 A-12 A~12 A-12 A-13 A-13 A-1'1: B- 1 B~ 1 B- 2 B- 2 B- 2 B- 3 B- 3 B- 3 B- '1: B- '1: B- 5 B~ 5 B- 5 B- 5 B- 6 I I I I I I I I I I I I I I I I I I I 7.0 8.0 8.0 . , 6.~ Routing Mode - Contractor's Responsibility Disposai Services Program Activities 7.1 Work Included 7.2 Operational Capacity 7.3 Permit Requirements 7.3.1 Disposal State of Disposal State of B- 7 B- 7 B- 7 B- 7 B- 8 7.3.2 Sites Inside New York Sites Outside New York B- 8 B- g B-12 B-12 B-13 B-1~ 7.~ Weighings Safety and Health Regulations Operations and Procedures 9.1 Supporting Data SECTION C - TOWN OF SOUTHOLO SOLID WASTE HAUL/DISPOSAL SERVICES C- 1 1.0 2.0 3.0 ~.O 5.0 Intent General Bid Statement Unit Price Bid Schedule 3.1 Compensation 3.2 Evaluation Unit Bid Price Formula Bid Security Acknowledgment Information Schedules C- 1 C- 1 C- 6 C- 6 C- 7 C- 8 C- 8 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 SECTION D - APPENDICES Appendix A Appendix B Appendix C Appendix 0 Appendix E Appendix F Sample Operating Agreement New York State Department of Environmental Conservation Permit Accident Report Town of Southold SWMP (Executive Summary) Town of Southold Solid Waste Profile Chapter ~8 of the Code of the Town of Southold I I I I I I I I I I I I I I I I I I I . , GLOSSARY OF TERMS ADMINISTRATOR - Shall mean the CDDrdlnatDr Df cDnstructiDn and demDlitiDn debris (Dr his agent) Df the TDwn Df SDuthDld, New YDrk. AGREEMENT - Shall mean a fDrm Dperating agreement set fDrth b~ the TDwn and resulting frDm this Bid SDllcitatiDn between the TDwn Df SDuthDld and the successful Bidder tD be executed in 188~. AGREEMENT DDCUMENTS Shall include the nDtice tD bidders, instructiDns, bid sDlicitatiDn, bid fDrms, infDrmatiDn schedules, prDpDsal, pa~ment bDnd, bid bDnd, Agreement, perfDrmance bDnd, certificates Df insurance, glDssar~ Df terms an~ general cDnditiDns Dr special cDnditiDns, and an~ addenda. the Agreement DDcuments will fDrm a part Df the Agreement. AGREEMENT YEAR - Shall mean the periDd frDm Jul~ 10, Df a calendar ~ear tD Jul~ 8, Df the next calendar ~ear. BIDDER - Shall mean an~ part~ Dr parties submitting in prDper fDrm a bid tD perfDrm the wDrk as specified in the Agreement DDcuments. The successful Bidder selected b~ the TDwn tD perfDrm the specified wDrk will thereafter be knDwn as the CDntractDr.l BID PRICE - Shall mean the unit CDSt tD determine the ranking Df bidders. BID SOLICITATION - Shall mean this dDcument, specificatiDns, and an~ bid addenda issued. COMMENCEMENT DATE - Shall mean Jul~ 10, 188~. CONSTRUCTION MATERIALS AND/OR DEMOLITION DEBRIS CC&D) - Shall mean sDlid waste resulting frDm the cDnstructiDn, renDvation, equipping, remDdeling, repair and demDlition Df structures and roads. Such waste includes, but is not limited tD. bricks, concrete and other masonr~ materials, soil, rock, wood. wall coverings, plaster, dr~wall, non-asbestos insulation and roofing shingles. CONSTRUCTION MATERIALS AND/OR DEMOLITION DEBRIS (CgD) DISPOSAL SITES - Shall mean any site designated b~ the Contractor where cDnstructiDn and demolition debris is disposed of in a manner that minimizes envirDnmental hazards and is permitted under the design and Dperation requirements Df 6NYCRR Part 360 or alternativel~ outside the State of New York, is permitted under design and operation requirements meeting the requirements of 1) that jurisdiction's applicable regulator~ agenc~ and 2) Town of SouthDld's minimum standards. GLOSSARY - 1 I I I I I I I I I I I I I I I I I I I . , CONTRACT DOCUMENTS - Shall have the same meaning as Agreement Documents. CONTRACT YEAR - Shall have the same meaning as Agreement Year. CONTRACTOR work, or successors - Shall mean the party contracting to perform the heirs, executors, administrators, agents, thereof. the or 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, ~2 U.S.C. Section 6901 et seq., or "hazardous substance" as defined under the comprehensive Environmental Response, Compensation, and Liability Act, ~2 U.S.C. Section 9601 et seq., or "hazardous waste" as defined under New York Environmental Conservation Law Section 27-0901 et seq., as each such law may be amended from time to time, and the regulations promulgated thereunder, and any analogous or succeeding federal, state or local law, rule or regulation and any 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 Southold to the successful Bidder that the intends to award an Agreement to the successful compliance with all their terms and conditions Documents. from the Town of Town of Southold Bidder subject to of the Agreement NYSDEC - New York State Department of Environmental Conservation. OSHA - federal Williams-Steiger Occupations Safety & Health Act of 1970, plus subsequent revisions. GLOSSARY - 2 I I I I I I I I I I I I I I I I I I I . , OWNER - Shall mean the Town of Southold, New York. referred to as the Town. Also may be 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 6NYCRR Part 360 - Solid Waste Management Facilities, or alternatively outside of the State of New York, is permitted under design and operation requirements meeting the requirements of 1) that Jurisdiction's applicable regulatory agency and 2) Town of Southold's minimum standards. Also may be referred to as Disposal Site(s). SUBCONTRACTOR - Shall mean having a direct contract equipment, materials and/or an individual, firm or corporation with the Contractor for services, labor. GLOSSARY - 3 I I I I I I I I I I I I I I I I I I I . , SECT! ON 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 approximatel~ 12,000 tons of solid waste during the agreement ~ear. It is possible that the Town of Southold will contract with another town to receive and dispose of their solid wastes. If this happens the quantit~ of wastes to be hauled and disposed of under this Agreement will increase b~ 10-15~. This Bid Solicitation will ensure Town of Southold's solid waste 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 mau 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 B~ Appointment Ma~ 12, 199't Ma~ 26, 189't Ma~ 31, 199't June 1't, 199't On or Before June 30, 199't Jul~ 10, 199't Transfer Station Visits Pre-Bid Conference Bid Opening Town Board Reviews Town Board Approval Agreement Executed Operations Commencement A-I I I I I I I I I I I I I I I I I I I I . , 3.0 EXAMINATION OF AGREEMENT DOCUMENTS, FAMILIARITY WITH THE WORK It is the responsibility of each Bidder beFore submitting a Bid to Ca) examine the Sample Operating Agreement and Agreement Documents thoroughly; Cb) visit the site of the Town of Southold TransFer Station; Cc) attend and be Familiar with the outcome of the pre-bid conFerence; Cd) 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; CF) study and careFully correlate the Bidder's observations with the Agreement Documents; and Cg) notiFy the Town Clerk of all conFlicts, errors or discrepancies in'the Agreement Documents. contain part of ReFerence supplemental the Agreement is made to the Following Appendices which inFormation which is attached to and made Documents: Appendix A: Sample Operating Agreement Appendix B: NYSDEC Part 360 Operating Permit Appendix C: Town of Southold Accident Report ReFerence is made to the Following Appendices which contain supplemental inFormation which is attached to the Agreement Documents solely For the convenience of Bidders: Appendix 0: Solid Waste Management Plan Summary Appendix E: Solid Waste ProFile Appendix F: Southold Town Code Chapter ~8 ReFerence is made to the available For review by Bidders at normal business ~ours; 8:00 A.M. Friday. Following inFormation which is the Town Clerk's OfFice during to ~:OO P.M. Monday through i. Pending drawings of 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 A-2 I I I I I I I I I I I I I I I I I .. ... .. . . , and opinions from this information and shall confirm an~ information contained therein regarding facilities and equipment through site visits. The Town does not guarantee the accurac~ of an~ information contained in these documents. Before submitting a Bid, each Bidder shall, at the Bidder's own expense, make or obtain an~ additional inspections, examinations, or studies and obtain an~ additional data and information which ma~ affect cost, progress, performance or furnishing of the work and which Bidder deems necessar~ 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 ommission of the Bidder to receive and examine an~ form, instrument or document, or make required inquiries and inspections, shall not relieve the Bidder from an~ obligation contained in the Agreement Documents. The Town will be Justified in rejecting an~ claim based on facts or conditions of which the Contractor should have been cognizant. The submission of a Bid will constitute an incontrovertible representation b~ Bidder that Bidder has complied with ever~ requirement of this Bid Solicitation, that without exception the Bid is premised upon performing and furnishing the work required b~ the Agreement Documents, and that the Agreement Documents are sufficient in scope and detail to indicate and conve~ 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: ~.O Town Hall 53085 Main Road Southold, New York 11871 Ma~ 12, 188~ at 8:00 A.M. INFORMATION TO BE SUBMITTED WITH PROPOSAL ~.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. ii. iii. iv. Contractor Bid Form Bid Securit~ or Bid Bond Information Schedules A through M as applicable Supplemental Information as described in ~.2 A-3 I I I I I I I I I I I I I I I I I I I . , 'l.t: Supplemental Information In addition to the aforementioned forms, the Bidder is required to submit the following supplemental information with his bid: i. Operational Plan: A assessment of the section shall be subsections: plan describing the Bidder's requested operation. This divided into the following 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 Solid Waste 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 Solid Waste 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 subcontractorCs) so identified. In the event that the Bidder desires to change the number or identity of such subcontractorCs), the proposed change must be submitted to the Town for approval. No such change shall be made without the Town's approval. A-'l I I I I I I I I I I I I I I I I I I I . , In addition, it is the policy of the Town of Southold to encourage the participation of Minority Business Enterprises CMBE's) and Women-Owned Business Enterprises CWBE'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 C25~) of the work, the Bidder will be required to submit to the Town an MBE/WBE Utilization Plan acceptable to the Town prior to the Town's execution of the Agreement. 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 CA-L) IF THE SCHEDULE PROVIDES THE INFORMATION REQUESTED AND IS INCLUDED IN THE BID. 5.0 BID FORMAT 5.1 Binding The documentCs) if bound shall be in a manner that will provide for easy evaluation access Cto 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 will not be considered. A-5 I I I I I I I I I I I I I I I I I I I . . 5.0 SUBMISSION OF BID Eacr Bidder shall submit six (5) 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: Office of the Town Clerk Town of Southold 53095 Main Road Southold, New York 11971 Bids received securely unopened. considered. prior to the time of opening will be kept No bid received thereafter will be 5.1 Withdrawal of Bids Any Bidder will be given permission to withdraw its Bid upon receipt of a properly notarized written request made no later than the time set for opening. At the time of opening of the bids, if such Bid is included, it will be returned to the Bidder unopened. No bid may be wLthdrawn after opening until execution of the Agreement or rejection of all bids as provided herein. 5.2 Questions & Addenda All questions about this Bid Solicitation must be submitted in writing to the following: Town Clerk Town of Southold 53095 Main Road Southold, New York 11971 No alterations to this Bid Solicitation will be considered valid unless in writing and issued as Addenda. All such addenda shall become part of the documents and all Bidders shall be bound by such addenda, whether or not received by the Bidders. All questions must be received at least ten (10) calendar days before bid opening in order to be answered. It shall be the Bidder's responsibility to make inquiries concerning any addenda issued. All addenda will be on file at the Town Clerk's office at least twenty-four (2~) hours before bids are opened. The Town will not be bound by oral ciarifications. A-5 I I I I I I I I I I I I I I I I I I I . . 7.0 BID GUARANTY Each Bid must be accompanied b~ a bid guarant~ CSection C, Schedule 5.0.K), without condition or qualification, which shall be in the sum of one hundred thousand dollars CS100,000.00). The guaranty ma~ 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 suret~. 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 after the execution of the insurance and other Agreement successful Bidder. be returned within ten (10) days Agreement and required bonds, Documents are received from the 8.0 EXECUTION OF AGREEMENT, FURNISHING OF BONDS The successful Bidder, or its legall~ representative, shall be required to appear in person (10) da~s of the Notice of Award by the Town at the time designated by the Town to execute the Agreement Agreement Documents for Haul/disposal services. authorized within ten place and and other The successful expense, procure, execute documents within ten (10) Town. Bidder shall, at its own cost and and deliver to the Town the following da~s of formal Notice of Award by the Performance Bond - A Performance Bond shall be in an amount of one million dollars CS1,OOO,000.00). This bond Cas 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 ma~ determine that such Bidder has abandoned the Agreement and the Town shall be entitled to take actIon for an~ and all damages it ma~ suffer as the result of such breach. The Town's rights in this regard shall include but not be limited to A-7 I I I I I I I I I I I I I I I I . . a claim against the ,ese,ves any and all ,esult of his failu,e bid bond p,ovided. The Town specifically othe, ,ights against the Cont,acto, as a to pe,fo,m as ,equi,ed by these documents. 8.0 CONSIDERATION OF BIDS 0, all deemed The Town of Southold ,ese,ves the ,ight to bids fo, haul and disposal se,vices if such to be in the best inte,ests of the Town. ,eject any action is To be conside,ed ,esponsive to this Bid Solicitation, each Bidde, shall: A. P,ovide equipment, labo" maintenance and management se,vices to haul and dispose of solid waste f,om the Town of Southold T,ansfe, Station to Cont,acto, designated Solid Waste Disposal Site(s) as set fo,th in Section B Bid Specifications. B. Rese,ve and p,ovide a minimum available of 15,000 tons (52 weeks/yea,) yea,ly, fo, seasonal and othe, peak pe,iods. capacity allowing C. P,ovide evidence of all cu"ent valid state and fede,al pe,mits, licenses, local ordinances, etc., ,equired by law to ,eceive solid waste at the designated Disposal SiteCs). D. P,ovide evidence of capability to pe,fo,m bid specifications. physical and financial services desc,ibed in the 10.0 SELECTION OF CONTRACTOR Bids will be evaluated only if accompanied by the app,oved fo,m of bid guaranty. Only bids solicited from fi,ms 0, combinations thereof, who have sufficient management, enginee,ing capabilities, ope,ating, and maintenance experience to fulfill the Town's goals and comply with the applicable local, state, fede,al laws, ordinances, ,egulations, e.g. New yo,k State Depa,tment of Envi,onmental Conservation, Resou,ce Conse,vation Recove,y Act and Fede,al Envi,onmental Protection Agency guidelines will be accepted. The Town will ,eview the bids and make a selection ,ecommendation based on the evaluation c,ite,ia included in this Bid Solicitation or take such othe, action as it deems in its best inte,est. Any agreement awarded ,esponsible Bidde, whose Evaluation The Town of Southold reserves the to ,eject all bids submitted Solicitation. 'hereunder will be to the Unit Bid Price is the lowest. right, in its sole disc,etion, in response to this Bid A-B I I I I I I I I I - . - - - ;;;;; - - . ~ ~ . . . 11.0 ACCEPTANCE Of BID The acceptance of a Bid will be a Notice of Award signed by a duly authorized representative of the Town, and no other act of the Town shall constitute the acceptance of a Bid. The acceptance of a Bid shall bind the successful Bidder to execute the Agreement and other Agreement Documents. 12.0 ASSIGNMENT The successful Bidder to whom any Agreement shall be let, granted, or awarded shall not assign, transfer, convey, sublet, or otherwise dispose of the Agreement or of his right, title, or interest therein or his power to execute such Agreement, to any person or corporation without the prior written consent of the Town. 13.0 LIMITATION Of fUNDS AVAILABLE The Contractor specifically agrees that any Agreement shall be deemed executory only to the extent of the funds appropriated for the purpose of the Agreement and that no 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. 1'1.0 INSURANCE AND BONDS 1'1.1 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 SiteCs) is Care) 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: A-9 I I I I I I I I I I I I I I C 1 ) (2) . . . Worker's Compensation Insurance - A Policy covering the operations of the Contractor in accordance with the provisions of Chapter ~1 of the Laws of 191~ 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. General Liabilitu (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: Ca) Independent Contractor's Liabilitu - Covering work subcontractors. Protective performed by Cb) Completed Liabilitu. Operations or Product Cc) Contractual Liabilitu. Cd) Broad Form Propertu Damaoe. Ce) Personal Inluru. NOTE: If any of the rating classifications embody property damage exclusions C or U, coverage for eliminating such exclusions must be provided. Coverage for the above will be required in not less than the following amounts: SINGLE LIMITS OF LIABILITY: $1,000,000.00 AGGREGATE LIMITS OF LIABILITY: $10,000,000,00 A-I0 I I I I I I I I I I I I I I . . (3) Automobile Llabilltu Insurance - Pollcy shall include coverage For all owned as well as non-owned and hired vehicles, and limits shall not be less than the Following amounts: BODILY INJURY LIABILITY Aggregate: $3,000,000.00 Each Person Each Occurrence $1,000,000.00 PROPERTY DAMAGE LIABILITY Aggregate: $3,000,000.00 Each Occurrence $1,000,000.00 1~.2 Bonds Prior to the execution of the Agreement, the successFul Bidder shall Furnish to the Town a PerFormance Bond wherein the named obligee is the Town of Southold. The PerFormance Bond's purpose is to secure the FaithFul perFormance of the Agreement. The bond amount shall be set Forth in Section A-B.O. The bond shall be executed by a surety company approved by the Town authorized to do business in the State of New York and with an oFFice or representative in SuFFolk County, New York. The Form shall be acceptable to the Town of Southold and shall have a term through the completion of services. As an alternative to the PerFormance Bond, the successFul Bidder may Furnish a certiFied check, bank draFt, money order, or a standard Form irrevocable letter of credit. CertiFied check, bank draFt or money order must be made payable to the order of the Town of Southold. The standard Form irrevocable letter of credit shall be in a Form acceptable to the Town of Southold. In the From any of its Town of Southold event the Contractor subcontractors, said as a dual obligee. secures a PerFormance Bond bond shall also name the Should the Town designate another public or private agent or 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 INDEMN~TY (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 provisions, duties, services or requirements of such Agreement, A-II I . . I I 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. I I I I 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. I I 16.0 PAYMENTS I 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 municipal solid waste haul trips from the Town of Southold Transfer Station including the tonnage of municipal solid waste and the manifest number for each load of municipal solid waste removed. Such payments shall be made within sixty (60) days of the Town's approval of Contractor's invoice. Contractor's monthly invoice shall include a daily 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. I I I 17.0 DEFAULT I In the event the Contractor fails to perform its obligations under the Agreement, the Town may terminate such Agreementl 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. I I I 18.0 TERM OF AGREEMENT ... The term of this Agreement shall be three (3) years commencing on July 10, 199~. If the Town enters into an intermunicipal solid waste haul/disposal agreement the Town may .. .. I A-12 I I I I I I I I I I I I I I I I - . . terminate the Agreement at any time during Agreement years two (2) and three (3) by giving six (6) months written notice to the Co~tractor. 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. 18.0 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 Solid Waste 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 date for services under the Agreement Documents awarded hereunder shall constitute a breach of this Agreement. The Bidder accordingly shall not be excused from it obligations hereunder by reason of any failure to obtain or maintain its permits at the identified Disposal Site. 20.0 SUBCONTRACTS In the event Bidder does not own the Disposal Site identified in its bid prior to execution of the Agreement, Bidder shall: (1) furnish to the Town a copy of the signed Agreement between Bidder and the Disposal Site which provides for Bidder's use of pursuant to this Bid Solicitation in with the Agreement Documents; Contractor the site accordance (2) require the Disposal Site Contractor to furnish to Contractor ancl the Toum a performance bond guaranteeing the availability of the Disposal Site throughout the term of the Agreement; (3) require the Contractor to provide insurance certificates naming the Town as additional insureds on all policies maintained by Contractor. A-13 I I I I I I I I I I I I I I I 21.0 its Bid . . RIGHTS AND OPTIONS The Town of Southold, New York, reserves and holds at discretion the following rights and options upon issuing this 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. ~. 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. A-1~ I I I I I I I I I I I I I I I 1.0 . . SECTION B BID SPECIFICATIONS TECHNICAL/MANAGEMENT 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 CTelephone C516) 765-1800) The eFFort, shall be known as the Town of Southold Solid Waste 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 Solid Waste. The Town will need to dispose of approximately 12,000 tons solid waste during the agreement years. The Contractor will ensure the Town that solid waste will continue to be; 1) hauled From the Town of Southold's TransFer Station to disposal siteCs), and; 2) disposed at permitted disposal siteCs). TDe Following general services are sought in this request: o HAUL Provide equipment, labor, maintenance, management and policies to operate a transportation system For hauling solid waste From the Town of Southold TransFer Station to Contractor designated disposal siteCs) 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 solid waste From the Town of Southold TransFer Station as set Forth herein. The Contractor's New York State Solid Waste Disposal SiteCs) must be in compliance with all State of New York Department of Environmental Conservation's and U.S. Government's Regulatory requirements, e.g., 6NYCRR Part 360, Resource Conservation Recovery Act B-1 I I I I I I I I I I I I I I 2.0 3.0 ii . . (RCRA), Environmentsl Protection Agency - Subtitie D, et ai. Disposal Sites outside New York State shail be permitted by applicable 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 reliable hauling materials from the minimum cost to the project is the continued safe and and disposal of the solid waste Town of Southold Transfer Station at citizenry. It is also the objective of the ensure that the haul-disposal according to the provisions of subsequent agreements/amendments are Town of Southold to operations proceed this document and upheld. POTENTIAL REGULATORY AND OPERATIONAL CHANGES During the term of the Agreement, there may be a of regulatory and operational changes which may the quantities and types of solid waste received Town of Southold Transfer Station and delivered Disposal Site. number affect at the to the This Agreement will not respect to the volume of disposed of by Contractor. provide waste any guarantees with to be hauled and/or 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. ~.O CHARACTER OF THE SOLID WASTE The wastes which are to be hauled and disposed of under terms of this bid solicitation are to include typical municipal wastes from a rural community. This will include all waste types generated in private households, and, therefore, can include broken furniture, small appliances, and other wastes generated in a private home or apartment as allowed under 6NYCRR Part 360-1.2(a) regulations and the Garbage, Rubbish and Refuse Law, Chapter ~8 of the Code of the Town of Southold. B-2 I I I I I I I I I I I I I I I ~.l 5.0 5.1 . . Commercial waste may also be included in the solid waste stream. It may include any waste which is typically disposed of in dumpster or roll-off type container boxes at restaurants, small businesses, light industries, hospitals, office buildings, etc. It should not include any wastes covered by special waste permits such as pathogenic or hazardous materials, but the Town cannot guarantee that the waste stream does not contain same. Special costs associated with handling non-compliance loads will be compensated under Forced Accounting (Appendix A-g). Quality and Characteristics The Town of Southold's historical solid waste 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 non- compliance waste in accordance with local, state and federal regulations. Compensation for such waste disposal services shall be provided for under Forced Accounting (Appendix A-g).. The Town makes no specific representations in the foregoing disclosure. PROGRAM ACTIVITIES Collection The Town of Southold Transfer Station is open 7 days a week, except holidays, from 7:00 A.M. to 5:00 P.M. The Contractor will be expected to collect and remove solid waste from the Transfer Station during the following hours: Monday through Friday 7:00 A.M. to ~:OO 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 B-3 I . . I I The Contractor must make transfer containers BVBilable for loading on Saturda~s and Sunda~s between 7:00 A.M. and ~:OO P.M.. The Contractor ma~ from time tn time be requested to remove solid waste on Saturda~s and/or Sunda~s between the same hours, but would not normall~ be expected to do so. I I I The Contractor will be expected to provide enough containers to empt~ the Transfer Station tipping floor on a dail~ basis. Deliver~ and staging of an adequate number of containers for this purpose will be coordinated with Transfer Station staff as needed. I 5.2 Loading Mode I The for empt~ Contractor shall full~ prepare loading, including assuring that containers are left open. transfer containers container covers or I Solid Waste will be loaded b~ the Town at its Transfer Station using a front end wheel loader or backhoe. I Contractor-enclosed (tarped) transport equipment weighed after loading to prevent overloading document haul and disposal tonnages. will be and to I 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. I I 5.3 Town of Southold Accident and Damage Policy I 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 an~ major occurrences such as bodil~ injury or structural damage to the Town's Transfer Station. An Accident Report will be submitted to the Town within twenty-four (2~) hours containing the date, time, location, and complete description of all incidents. The offending part~ or representative 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. B-~ I . . I I 5.~ NYSDEC Part 360 Permit to Operate I The Town of Southold operates the Transfer Station under a New York State Department of Environmental Conservation CNYSDEC) Part 360 Permit to Operate. A cop~ of NYSDEC Permit is included as Appendix 8. I I 6.0 HAUL SERVICES I For Solid Waste following haul responsibilities herein. Haul-Disposal Services Agreement, the services will include the tasks, and performance required as outlined 6.1 Work Included I The Contractor shall provide the following major essential services or equipment and an~ other non- specified items, without limitations, to maintain a reliable haul services operation in a manner that will meet the needs of the Town of Southold. I c, Management and operation of a fleet to accommodate the transport of solid waste from the Town Transfer Station to Solid Waste Disposal SiteCs) in accordance with all local, state, and federal regulations. I I c> Financial liabilit~ and maintenance responsibilit~ of transport equipment, i.e., dump trailers, transfer trailers bulk material containers, vehicles, personnel and services for open-top loading solid waste hauling activities. I I ,~ Coordination of haul services with disposal services. I 6.2 Equipment I The Contractor shall provide reliable refuse handling and other essential ancillar~ equipment, along with personnel to operate and maintain a reliable haul services s~stem in a manner that will satisf~ 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 suppl~ additional open-top trailers and containers, etc. 8-5 I I I I I I I I I I I I I I I I 6.3 . . The Contractor must assure the Town that an adequate reserve supply of equipment exists to haul and dispose of the daily and seasonal solid waste including unpredictable surges or delays due to inclement weather and that transport equipment storage requirements will meet the Town of Southold Transfer Station requirements. Each bidder is therefore responsible for familiarizing itself with the Town of Southold Transfer Station site, solid waste, etc., to assure equipment compatibility. Transport equipment may be open-top bulk material containers, dump trailers, roll-off containers or open- top transfer trailers, provided that all such equipment is suitable 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; ~) well maintained in good working order. Corroded, defective, bent, deformed or punctured trailers, roll-off boxes, or other containers of waste materials shall not be utilized at any time. Suitable covers shall be provided and used while transporting solid waste 'in open-top transport equipment. The bidder shall clearly indicate 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 equipment and vehicle fleet, unless it elects to subcontract for these services. No major maintenance may be done at the Town of Southold Transfer Station site. 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. 8-6 I I I 5.~ I I I I I 7.0 I I 7.1 I I I I 7.2 I I I . . Routing Mode - Contractor's Responsibilit~ 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 an~ 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 For Solid Waste Haul-Disposal Service Agreement, the following disposal services will include the tasks, responsibilities and performance requirements as outlined herein. Work Included The Contractor shall provide the following major essential services or equipment and any other non- specified items, without limitations, to maintain a reliable disposal services operation ill a manner that will meet the needs of the Town of Southold. o Liability insurance, performance and payment bonds. o Safet~ equipment. Operational Capacity The bidder shall identify in its proposal, the following information: o 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. o o Hours and days of the week that the designated Disposal Site will be open for B-7 I I I I 7.3 I I I I I I I I I I . . ~eceiving solid waste f~om Southold, including weekends, special closure periods. the Town of holidays and 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, Ceither temporary and permanent) which are required by law to receive solid waste at any and all Disposal Sites designated by the bidder. Because of the varying terms of Solid Waste 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 cu~rent and valid local, state and federal permits, licenses, or other authorizations, allowing the lawful use of its designated Disposal Site then the Contractor will be solely responsible for obtaining the utilization of an alternate Solid Waste 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 iiabie 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 ~eceive solid waste 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 solid waste disposal site during the term of Agreement, or portion thereof, in a manner which is in complete compliance with this bid solicitation and the B-8 I I I I I I I I I I I I I I . ... . . bidder's bid submission. The bidder and the permit hoider that: agreement between the shail include provisions 1. Provide Town with operational matters whenever necessar~. right to discuss the permit hoider the with 2. Require the permit holder to compl~ with directives of the Town which are consistent with and pursuant to the Agreement which shall result from this bid solicitation. 7.3.1 Disposal Sites Inside State of New York The Contractor's Solid Waste 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 Agenc~ regulator~ requirements, e.g., 6NYCRR Part 360, Resource Conservation Recover~ Act (RCRA), Environmental Protection Agenc~ - Subtitle D, et al. The Solid Waste 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 solid waste without violating applicable law. It shall meet the design, construction and operating requirements of all applicable laws in the jurisdiction where the disposal site is operating. Disposal alternatives that will be considered include land disposal, incineration, composting, etc., as long as the~ compl~ with all the above governing regulator~ requirements and environmental standards. The use of Solid Waste 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 reasonabl~ requested b~ 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 iaws. 7.3.2 Disposal Sites Outside State of New York The Contractor's Solid Waste Disposal Sites, if located outside the State of New York must be in compiiance with all the applicable local, state and federal laws and regulations and U.S. Environmental Protection Agenc~ regulator~ requirements, e.g. Resource Conservation 8-9 I I I I I I I I I I I I I . . Recovery Act CRCRA), Environmental Protection Agency Subtitle D, et al. The Solid Waste 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 solid waste 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. If the Solid Waste Disposal Site is a landfill, comply with the following minimum standards: . it must o Liner Sustem: All proposed landfills under the Agreement shall be provided with at least a single liner system to restrict the migration of leachate and prevent pollution of underlying soil or groundwater. Liner systems shall consist of low permeability soil admixtures, clays or synthetic materials. Liners are at a minimum to consist of materials having a demonstrated hydraulic conductivity and chemical and physical resistance not adversely affected by waste emplacement or sanitary landfill leachate, including synthetic geomembranes and soils such as clay Dr Dther semiimperviDus admixture. Liner systems may cDnsist Df an imperviDus liner cDmpDsed Df at least tWD feet Df clay with demDnstrated hydraulic cDnductivity Df 1 x 10-7 cm/sec Dr a synthetic single lining system Df a thickness Df at least 60 mils. Thicknesses dDwn tD ~O mils may be acceptable fDr cDmposite liners which include imperviDus clay. o FDundatiDn: The prDpDsed landFill shall be aeslgnea and cDnstructed Dn an apprDpriate fDundatiDn which prDvides Firm, relatively un~ielding planar surfaces tD sUPPDrt the liner system and which is capable Df prDviding suppDrt tD the liner and resistance tD the pressure gradient above and belDw the liner resulting from settlement, cDmpression or upliFt. .) Leachate CollectiDn: The proposed landfill shall be equipped by a leachate drainage and removal system. The leachate drainage system shall cDnsist Df collectiDn pipes and a 8-10 I I I I I I I I I I I I I I . . drainage iayer. The system shall be designed to ensure that the leachate head on the lIner does not exceed one foot at any time. A leachate removal system shall be provided to remove leachate within the drainage system to a central collection point for treatment and disposal. (~ Leachate Treatment and Disposal: shall be treated and disposed of in with all applicable laws, including pretreatment standards and limitations. Leachate accordance applicable discharge o Gas Collection and Ventin~: The proposed lanOtll1 snaIl De equIppeo WI n a suitable gas collection and/or venting system which complies with all air pollution requirements and other applicable laws. o 5urface Drainage 5wstems: The prop9sed landtlll sha 1 e DeSIgneD with an approprlate surface drainage system which isolates the landfill from adjacent surface water drainage in a controlled manner, as well as controlling run-off from the landfill itself. (~ Monitorinq 5wstem: The proposed landfill shall be equipped with appropriate systems to monitor groundwater quality, gas production, leachate volume, quantity, slope and settlement status. The number and location of ground water monitoring wells shall be sufficient to define and detect any potential migration of contaminants. However, no fewer than one upgradient monitoring well and two downgradient monitoring wells shall be provided in any event. A regular sampling and anaJysis program shall be in place to verify that no groundwater contamination results from the landfill. <> Closure: The proposed landfill shall have in place a written closure plan which conforms to applicable laws and standard industry practice. The closure plan shall be designed to insure that contamination does not spread from the landfill during the post closure period. B-11 I I I I I I I I I I I I I 7.~ 8.0 . . Bidder must ciearly 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 Solid Waste 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 solid waste at an approved site. Weighings The Town will compensate the Contractor for waste material hauled and disposed of on a net tonnage basis (short tons = 2000 pounds). The certified weighings will be made at the Southold Town Transfer Station. The Disposal Site will accept these weights for invoicing purposes. All weights will be generated on current certified weigh scales. In the event of any dispute over differences in net weights between the Town and Disposal Sites scales and weight records, the Town may make payment upon the weight it deems to be most correct, until the dispute is reconciled. Any claims for differences must be filed in writing within sixty (60) days of occurrence or the Town's calculation shall be deemed final and binding between the parties. SAFETY AND HEALTH REGULATIONS The Contractor shall comply with all current Federal Department of Labor, Safety and Health Regulations under the Occupational Safety and Health Act, 1872 (PL 81-586) and Section 107, Agreement Work Hours and Safety Standards Act (PL 8l-5~). Specific consideration shall be given, 'but not limited to, the following major areas: a. Maintenance safety procedures guards and shields on dynamic equipment, guards, railings, electrical lockouts, vehicle wheelblocks, audio vehicle backup alarms, vehicle wheel chocks, etc. b. Employee safety teaching, first-aid resuscitation, etc. orientation, education, training, cardiopulmonary 8-12 I I I I I I I I I I I I I I 3.0 . , c. Noise and dust control, ear protection, respirators, hardhats, saFety shields, glasses, protective clothing, sanitary Facilities, etc. d. Fire and explosion preventions, control, equipment CFire blankets, extinguishers, First aid, hoses, etc.) and personnel escape alternatives. e. TraFFic Flow control patterns. F. Accident or injury reporting system Cthe Town shall receive copies of all reports and immediate verbal notiFication). g. Employee health saFeguards. h. Mechanic's lien interFerence. saFeguard against work The Contractor shall comply with all Federal regulations, laws and statutes work and to saFety in particular. local, state and which apply to the The Contractor shall comply with New York Department of Labor current requirements. State The Contractor shall be solely and completely responsible for operational safety during perFormance of the Agreement. The obligation exists twenty-Four C2~) hours a day, each and every day throughout the term of the Agreement. The Town of Southold shall not have any responsibility For means, methods, sequences or 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 term of the Agreement. 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. c> Organization personnel chain of command, names staFFing requirements. and structure, and telephone showing the numbers and 8-13 I I I I I I I I I 8.1 I I I I . , ':, Dpecations plan - shifts, houcs, etc. ,~ Safety, disastec, and eme,gency p,oceduces. o T,anspo,tation plan~ including available t,anspo,t equipment, vehicle rleet and ,ese,ve capabilities. ,:, Inclement Weathe, Plan - Thls shall desc,ibe the bldde,'s plan should inclement weathe, alte, no,mal daily ope,ations as desc,ibed in the bidde,'s ope,ations plan. The inclement weathe, plan shall include hauling ope,ations and disposal ope,ations. The bidde,'s means of assessing inclement weathe, conditions (weathe, and ,oad conditions), method of ,epo,ting to the Town and the alte,natives shall be desc,ibed. Suppo,ting Data In the event the Town ,equi,es any info,mation in suppo,t of Town held licenses and pe,mits at the Town, County, State and Fede,al level, the Cont,acto, will be ,equi,ed to fu,nish all licenses, pe,mits and inspection ,epo,ts ,ega,ding equipment and disposal sites which may be ,equi,ed by Town, County, State 0, Fede,al law. In the event the Cont,acto, ,equi,es any info,mation in suppo,t of Cont,acto, held licenses and pe,mits at the Town, County, State and Fede,al level, the Town will coope,ate in fu,nishing such info,mation as it applies to the Southold Town ope,ations. Ope,ating (hauling and conside,ed essential to shall keep these data in fOe easy ,et,ieval and designee, may upon 2~ Cont,acto,'s ,eco,ds. available by Cont,acto, afte, te,mination of this disposal) ,eco,ds shall be the ope,ation. The Cont,acto, an o,ganized fashion that allows analysis. The Town, 0, its hou,s notice inspect the Such ,eco,ds shall be kept fa, a pe,iod of two (2) yea,s Ag,eement. In the event the Town ,equi,es additional info,mation fOe ,epo,ting pu,poses, the Cont,acto, will supply same. The Town, 0, its designee, may call upon the Cont,acto, at anytime fa, an o,al ,eview of any technical matte,. The Cont,acto, shall file and update the following info,mation as specified he,ein. B-l~ I . I I Items I Haul Equipment (Schedule H) Haul Accident Repoct (Appendix C) Disposal Accident Repocts Licenses, Pecmits and Inspection Repocts Pact 360 Pecmit. All Bid InFocmation Schedules I I I I I I I I I I I - B-15 .. Due as changes occur on occurrence on occurrence on occurrence as changes occuc as changes occur I I I I I I I I I I . .. SECTION C TOWN OF SoUTHoLD SOLID WASTE HAUL-DISPOSAL SERVICES CONTRACTOR BID FORM 1 . 0 I~ITHIT The undersigned hereby recognizes that these documents are complementary and are intended to provide for uniformity in bid evaiuations. The formal Agreements resulting from this Bid Solicitation shall be in a form provided by the Town. These documents are intended to depict complete Solid Waste Haul-Disposal Services Agreement and therefore any discrepancies contained in the documents, or 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 or 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. 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. C-l I I I 1 . I I I I I I I I . , The Undersigned Bidder also agrees as follows: FIRST: If this bid is accepted, Agreement and furnish to the Town performance bond, and insurance all calendar days. to execute the a satisfactory within ten (10) SECOND: To begin Solid Waste 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 unconditional right to utilize the funds by the bid bond posted by the Bidder as a obtaining indemnification or payment damages. has the provided means of of such FOURTH: During the performance of this Agreement, the Contractor hereby agrees as follows: a. 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 or 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. b. The Contractor shall comply with the provisions of Sections 290 through 301 of the Executive C-2 I . , I I Law, shall furnIsh all Information and reports deemed necessary by the State Commission for Human Rights under these nondiscrimination clauses and such sections of the Executive Law, and shall permit access to his books, records, and accounts by the State Commission for Human Rights, the Attorney General, and the Industrial Commissioner for purposes of investigation to ascertain compliance with these nondiscrimination cla~ses and such sections of the Executive Law and Civil Rights Law. I I I I c. 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. I I I I I I I d. No laborer, workman or mechanic in the employ of the Contractor or subcontractor shall be permitted or required to work more than eight hours in anyone calendar day, or more than five days in anyone week except as otherwise provided in Labor Code Section 220. I I e. 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 C-3 I I I I I I I I I I I I 2. I I I I I ... ~ - ~ . ... . , such provisions of such subcontract or purchase order as the Town may direct, inciuding sanctions or 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 penaity of perjury that to the best of his knowledge and belief: a. The prices in this bid have been arrived at independently without coilusion, 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. b. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder or to any competitor. c. No attempt has been made nor will be made by the Bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The undersigned also declares that it has or they have carefully examined the Bid Solicitation requirements and sample operating agreement and that it has or they have personally inspected the actual location of work, together with the local sources of supply, has or have satisfied itself or themselves as to all the quantities and conditions, and waives all 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 Solid Waste Haul-Disposal Services operations in accordance with the Bid Solicitation requirements, C-~ I I I I I I I I I I I I I I I I I I I 3. 'to 5. . .. which requirements are a part of this response, and that it or they wiii accept in fuii compensation therefore, the compensation provided for in Section C-3. The undersigned submits herewith a bid guaranty within the form provided by the appiicabie bid documents in the amount of $100,000.00 for any option or combination thereof. In the event this proposal is accepted, and the undersigned faiis, within ten (10) calendar days after date of receipt of Notice of Award from the Town to execute and deliver an Agreement in the form provided by the Town or fails to execute and deliver evidence of proper insurance coverage and performance bond in the amounts required and in the prescribed form within ten (10) days after Notice of Award, the bid guaranty shall be forfeited and be retained by the Town toward the satisfaction of liquidated damages and not as a penalty. Otherwise, the total amount of bid guaranty will be returned.~o the Bidder. The undersigned acknowledges the receipt of the following addenda, but it agrees that it is bound by all addenda whether or not listed herein and whether or not actually received, it being the Bidder's responsibility to receive and have knowledge of all addenda. ADDENDUM NUMBER AND DATES Number 1 - Dated: Number 2 - Dated: Number 3 - Dated: Number 't - Dated: Number S - Dated: The Bidder has completed the Contract Bid Form and Unit Price Bid Schedules in both words and numerals in accordance with these bid requirements. C-5 I I I I I I I I I I I I I I I I I I I . , 3.0 UNIT PRICE BID SCHEDULE SOLID WASTE HAUL-DISPOSAL SERVICES SOUTHOLD TOWN, NEW YORK 3.1 COMPENSATION The undersigned hereby submits the following price bid to furnish Solid Waste Haul-Disposal Services, to Southold Town, New York for the terms; July 10, 199~ through July 9, 1999. HAUL-DISPOSAL SERVICES The Haul-Disposal Service Applicable Unit price per ton for agreement year 199~-1995 is__________________ dollars and cents C$ ). CCl) The Haul-Disposal Service Applicable Unit price per ton for agreement year 1995-1996 is dollars and cents C$ ). C C2) The Haul-Disposal Service applicable unit price per ton for agreement year 1996-1997 is _________________ dollars and cents C$ ). C C3) The Haul-Disposal Service applicable unit price per ton for agreement year 1997-199B is dollars and cents C$ ). CC~) The Haul-Disposal Service applicable unit price per ton for agreement year 1898-1999 is dollars and cents C$ ). CC5) C-6 I I I I I I I I I I I I I I I I . . 3.2 EVALUATION UNIT BID PRICE FORMULA Evaluation Unit Bid Peice= (CI)12,000+(C2)12,000+(C3)12,000+.5(C~)12,000+.5(C5)12,000 ~B,OOO tons Evaluation Unit Bid Peice =$ The evaluation yeaes foue and (3) yeaes. unit bid peice fOemula is designed to evaluate five at .5 the evaluate of each of the fiest theee Biddee Fiem-Coepoeation Addeess By: Authoeized Repeesentative Date C-7 I I I I I I I I I I I I I I I I I I I . . 'f.0 BID SECURITY ACKNOWLEDGEMENT I have attached the required bid security to this bid. 5.0 INFORMATION SCHEDULES I agree to furnish and include the following information schedules in addition to the information submitted with this proposal, as a part of this bid: A. Certification that the Bidder does not currently owe taxes, or other outstanding funds, or have pending or is currently involved in any litigation involving the Town of Southold, State of New York (Schedule A, attached hereto). B. Location and address of the Bidder's m8in office and the main office of parent companies (if applicable) and Certified Statements of Ownership (Schedule B, attached hereto). C. Identification of Surety Company and its and written certification from the verifying the bond specified herein provided (Schedule C, attached hereto). Agent, Surety will be D. Identification of all currently registered parent bidding subsidiary corporate officers, and their addresses, and identification and certification of offices authorized to execute an Agreement on behalf of the firm (Schedule D, attached hereto). E. Detailed financial if applicable, for attached hereto). statement for the parent companies Bidder, and (Schedule E, 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) . C-B I I I I I I I I I I I I I I I I I I I . . J. Information on Bidder's Solid Waste Disposal Site(s) (Schedule J, attached hereto). K. Form of Bid Bond (Schedule K, attached hereto). L. Performance Bond (Schedule L, attached hereto). M. Non-Collusive Bid Certificate (Schedule M, attached hereto). Dated: Name of Bidder: Address of Bidder: By: Signature Ii tle 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-9 I I ( I I I I I I I Ie I I I I I I NOTE: L . . FAILURE TO COMPLETE ANY OF THESE INFORMATIONAL FORMS MAY BR THE BASIS FOR THE OWNER IN ITS SOLE DISCRETION TO DECLARE THE BIDDER SUBMISSIONS INFORMAL AND NOT AWARD THE WORK TO ANY SUCH BIDDER. THE OWNER RESERVES THE RIGHT AT ITS SOLE DISCRETION TO WAIVE INADVERTENT OMISSIONS ON THE FORMS OR TO REQUIRE THE BIDDER TO PROVIDE SUCH OMISSIONS AS THE OWNER MAY DEEM TO BE IN ITS BEST INTERESTS. I I I I I I I I I I I I I I I I . . INFORMATION SCHEDULE A Town of Southold Bid Project Solid Waste Haul-Disposal Services This Bidder herein certifies that as a (Bidder's legal name) Bidder, it does not currently owe delinquent taxes or other outstanding Funds, or having pending or currently involved in any litigation involving the Town of Southold, State of New York. Name of Bidder: By:______________________ Date: (Authorized Signature) NOTE: (1) IF blank not applicable, Fill in with N/A (2) IF bidder owes the Town taxes or is involved in any litigation, a statement of explanation will be attached hereto. Tax/Litigation CertiFication BID (PROPOSAL) FORM Schedule 5.0.A I I I I I I I I I I I I I I I I I . . INFORMATION SCHEDULE B Town of Southold BId Project Solid Waste Haul-Disposal Services The followIng is information on the undersigned Bidder's office locati ons: Bidder's Main Office Bidder's Parent Corporation Main Office Manager's Name (Contact) Manager's Name (Contact) Firm's Legal Name Parent Firm's Legal Name Street Address (Box Numbers) Street Address (Box Numbers) City State Zip City State Zip Telephone Number Telephone Number The Bidder herein certifies that the Firm is partially/wholly owned subsidiary of Parent Firm This is owned__________________________% Parent Firm By________________________________________________________________ or is a public/private stock corporation, Bidder Office Locations/Ownership Certification BID (PROPOSAL) FORM Schedule 5,0.B Page I of ;:: - !!!! I I I I I I I I I I I I I I I I I . . INFORMATION SCHEDULE B - (Continued) Name of Bidder: By:___________________________________ Date: Note: (1) Any attachments or modifications to shall be labeled Schedule 5.0.B, and integrated into the Bid Form. this form be property (2) If blank not applicable, fill in with N/A . !! Bidder Office Location/Ownership Certification BID (PROPOSAL) FORM Schedule 5.0,5 Page 2' of 2 I I I I I I I I I I I I I I I I I I I I . . INFORMATION SCHEDULE C Town of Southold Bid Project Solid Waste Haul-Disposal Services This is identification that oJill be the Suret~ Compan~ for _________________~_______________, the Bidder, on this project and that the named Suret~ Compan~ herein provides written certificatIon that the named Suret~ Compan~ will provide the Performance Bond, specified in the Contract Documents, in the event the Bidder enters into an Agreement with the Town. The Suret~ Compan~ herein certifies that such Compan~ is licensed to do business in the State of New York. (L. S. ) Principal (Sea 1) Suret~ Compan~ B~: Suret~ Verification BID (PROPOSAL) FORM 5clledule 5.0.C I I I I I I I I I I I I I I I I I I I . . INFORMATION SCHEDULE D Town of Southold Bid Project SolId Waste Haul-Disposal Services The Bidder herein certifies that the below named individuals are the current registered corporate officers, along with their current permanent addresses, and designates their authorit~ to execute an Agreement on behalf of the firm Officer's Name Subsidiar~ Corporate Title____~_____________ Officer's Parent Corporate Name Title Address Address -------------------------- ----------------------- Cit~_____________________________ Cit~__________________________ State, Zip_______________________ State, Zip____________________ Officer's Name Subsidiar~ Corporate Title__________________ Address Cit ~----------------------------- State, Zip_______________________ Officer's Name Subsidlar~ Corporate Title__________________ Address -------------------------- Cit ~----------------------------- State, Zip_______________________ Current Corporate Officers BID (PROPOSAL) FORM Officer's Parent Corporate Name Ti tle Address Cit ~-------------------- State, Zip____________________ Officer's Parent Corporate Name Ti tle Address Cit ~-------------------------- State, Zip____________________ Scheduie 5.0.0 Page 1 of 2 I I I I I I I I I I I I I I I I I I I . . INFORMATION SCHEDULE 0 - (Continued) Officer's Name Subsidiarlj Corporate Title_________________ Officer's Parent Corporate Name Title Address Address Citlj____________________________ Cit y-------------------------- State, Zip______________________ State, Zip____________________ Name of' Bidder: Corporate Seal By:________________________________ Date: ------------------------------ NOTE: If' blank not applicable, fill in wIth N/A Cuppe,nt Co~por8te Officer BID (PROPOSAL) FORM 5cl-,edule 5.0.0 Page 2 of 2 I I I I I I I I I I I I I I I I I I I . . INFORMATION SCHEDULE t Town of Southold Bid Project Solid Waste Haul-Disposal Services STATEMENT OF BIDDER'S FINANCIAL CONDITION 1. This Bidder agrees to provide for any subsidiary and parent firm, and hereto attaches a current or the most recent Audited financial StatementCs) 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 To Statement Date 2. The bidder certifies that he currently has an available line of credit in the amount of $___________________ A supporting documentary evidence attached to this form is supplied by: Name Address Date 3. The undersigned Bidder certifies to the validity of statement and agrees to furnish any other information upon request that may be required by the Town of Southold, New York. Bidder's FinancIal Condition BID CPROPoSAL) FORM Schedule 5.0.E Page 1 of 2 I I I I I I I I I I I I I I I I I I I . . INFORMATION SCHEDULE E - (continued) ~, The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by Town of Southold, New York in verification of the firms financial condition. Dated at This day of _______,188~ Name of Bidder Title State of New York, County of ____________________________________ ________________________ being duly sworn deposes and says that he is of Title Name of Organization and that the answers to the foregoing questions and all statement therein contained are true and correct. Sworn to me this day of ___________________, 188~. Notary Public My Commission expires NOTE: (1) (Bidder may submit additional information if desired as Schedule E attachments,) (2) If blank not applicable, fill in with N/A Bidder's Financial Condition BID (PROPOSAL) FORM Schedule 5, (1, E: Page 2 of 2 I I I I I I I I I I I I I I I ... . . . . INFORMATION SCHEDULE F Town of Southold Bid Project Solid Waste Haul-Disposal Services The Bidder herein certifies that it is qualified to perform the work covered b~ this proposal, and that it is not acting as a broker on the behalf of others. To substantiate these qualifications, the Bidder offers the following related information and references in order that the Town ma~ evaluate the Bidder's qualifications and experience. 1. Bidder's Legal Name:_______________________________________ 2. Business Address:__________________________________________ Street Cit~ State Zip 3. State incorporated:_______________ Year incorp.____________ ~. New York State; Business License No.: 5. No. years in contracting business under above name:____~rs. 6. Has firm ever defaulted on a contract? Yes No 7. Gross Value - work under current contract: $ B. Number of Current Contracts: 8. Brief description general work performed b~ firm:__________ ----------------------------------------------------------- ----------------------------------------------------------- ----------------------------------------------------------- Qualifications Summary BID (PROPOSAL) FORM Schedule 5.0.F Page 1 of ~ I I I I I I I I I I I I I I I I I . . INFORMATION SCHEDULE F - (Continued) 10. Has firm ever faiied to compiete work awarded? Yes No If yes, attach support statement as to circumstances. 11. Related Experience Reference (within previous 5 years) 11.1 Project Title: ---------------------------------------------- Owner's Name: ----------------------------------------------- Address: --------------------------------------------------- Engineer:___________________________________________________ Address: ---------------------------------- Project Initial Start Date: --------------------------- Project Acceptance Date: ----------------------------- Initial Bid Value: $ -------------------------------------- Final Complete Project Value: $_____________________________ Brief Project Description:__________________________________ ---------------------------------------------------------- ----------------------------------------------------------- 11.2 Project Title: ------------------------------------------- Owner's Name: ----------------------------------------- Address: ---------------------------------------------------- Engineer:____________________________________________________ Address: ----------------------------------------------------- PrOject Initial Start Date: --------------------------------- Pr'oJect Acceptance Date: ------------------------------------ - . . Qualifications 5ummary BID (PROPOSAL) FORM Schedule 5,[),F Page 2 of '-i I I I I I I I I I I I I I I I I I I . . INfORMATION SCHEDULE F - (ContInued) Initial Bid Value: $ ---------------------------------------- Final Complete Project Value: $_____________________________ BrieF Project Description:__________________________________ ------------------------------------------------------------ ------------------------------------------------------------ 11.3 Project Title: ---------------------------------------------- Owner's Name: ----------------------------------------------- Address: --------------------------------------------- Engineer:___________________________________________________ Address: ---------------------------------------------- Project Initial 5tart Date: --------------------------------- PrOject Acceptance Date: ---------------------------------- Initial Bid Value: $ ---------------------------------------- Final Complete Project Value: $_____________________________ BrieF Project Description:__________________________________ ------------------------------------------------------------ ----------------------------------------------------------- ----.------------------------------------------------------- . - !!!!! QualiFications Summary BID (PROP05AL) FORM Schedule 5.0.F Page 3 of 'i I I I I I I I I I I I I I I I I I I I I . . INFORMATION SCHEDULE F - (Continued) 12. Principai Firm Members' Background/Experience (3 members minimum), Attach current resumes as Schedule 5.0.F supplement or give concise description by individual. Name of Bidder: By:____________________ Date:___________ (Authorized Signature) NOTE: Any supplemental attachments or modifications to this form shall be labeled Schedule 5.0.F, and shall be properly integrated into this Bid Form. If blank not applicable, fill in with N/A Qualifications 5ummar~ BID (PROPOSAL) FORM 5chedule 5.0.f Page ~ of ~ I I I I I I I I I I I I I I I I I I I . . INFORMATION SCHEDULE G Town of Southold Bid Project Solid Waste Haul-Disposal Services The Bidder hereby Agreement to use project. states that the following it haul proposes, if awarded an subcontractors on this Subcontractor! Contract Individual Address Phone # Trade! Specialties 1. 2. 3. -------------- ------------- --------- -------------------- 'I. -------------- ------------- --------- -------------------- 5. -------------- ----------- -------- ------------------ 6. -------------- ------------- --------- ------------------- 7. -------------- ------------- --------- -------------------- 8. -------------- ------------- --------- -------------------- 8. -------------- ------------- --------- -------------------- 10. -------------- ------------- --------- -------------------- Name of Bidder: By: ________________________ Date (Authorized Signature) NOTE: If blank not applicable, fill In with N!A Subcontractors BID (PROPOSAL) FORM Schedule 5.0.5 I I I I I I I I I I I I I I I I I . . I . . INFORMATION 5CHEDULE H Town of 5outhold Bid Project 50lid Waste Haul-Disposal 5ervices The Bidder that are agreement. states that it owns the following pieces of equipment available for use on the project, if awarded the Equipment Item Proposed Project Use Current Equipment Location Name of Bidder: By:_______________________ Date:________ NOTE: Any supplemental attachments or modifications form shall be labeled 5chedule 5.0.H and properly integrated into the Bid Form. to this shall be If blank not applicable, fill in with N/A Construction Equipment BID (PROP05AL) FORM 5chedule 5.0.H I I I I I I I I I I I I I I . . INFORMATION SCHEDULE I Town of Southold Bid Project Solid Waste Haul-Disposal Services The Bidder up to the of TOl"n of hereby states that. it will be prepared to dispose of Following Maximum SpeciFied Yearly Capacities in tons Southold solid waste iF awarded an Agreement Contract Year Maximum Tons per Contract Year 199'1-1995 1995-1996 ------------------------ 1996-1997 ----------------------------- 1997-1998 ------------------------- 1998-1999 ----------------------------- Name of Bidder: ------------------------------------------------- By:_____________________________________ Date: MBximum 5pecified CepBcity BID (PROPOSAL) FORM Schedule 5.0,1 I I I I I I I I I I I . . . INFORMATION 5CHEDULE J Town of 5outhold Bid Project 50lid Waste Haul-Disposal 5ervices NOTE: IF A BIDDER INTEND5 TO UTILIZE MORE THAN ONE 50LID WA5TE DI5P05AL 5ITE, AN INFORMATION 5CHEDULE J MU5T BE COMPLETED FOR EACH DI5P05AL 5ITE. The following is information on the undersigned Bidder's 50lid Waste Disposal 5ite: I. GENERAL A. Disposal 5ite Location Name: ------------------------------------------- Address: ----------------------------------------------- ------------------------------------------------------ Phone: ------------------------------------------------- B. Disposal 5ite mailing 1) address (if different than Address: ----------------------------------------------- -------------------------------------------------------- II. CURRENT OPERATION5 A. Operations Permit 1. Permittee: 2. No. : 3. 5tate: 'I. Date of Issue: S. Date of Expiration: 6. COPid Enclosed: ------------------------- ------------------------- -------------------------- ------------------------- ------------------------ Yes: No: -------- ---------- Bidder 50lid Waste Disposal Site(s) BID (PROP05AL) FORM Schedule S.O.J Page 1 of 7 I I I I I I I I I I I I I I . . INFORMATlnN ~~HEOULE J - (Continued) B. Hours of Operations 1. What are the PERMITTED operating hours? DAY r'L..!:L... ~ MONDAY ------ to ------ Tuesdalj ------ to ------ Wednesdalj ------ to ------ Thursdalj ------ to ------ Fridalj ------ to ------ Saturdalj ------ to ------ Sundalj ----- to ------ 2. Are there anlj PERM TITED closure periods stipulated? -------------------------------------------------- -------------------------------------------------- 3. What are the ACTUAL operating hours? DAY r'L..!:L... ~ Mondalj ------ to ----- Tuesdalj ------ to ----- Wednesdalj ------ to ----- Thursdalj ----- to ----- Fridalj ----- to ----- Saturdalj ------ to ---- Sundalj ------ to ----- 'i. What holidalj or other period is the Disposal Site tljpicalllj closed? DAY YES NO New Year's ------ to -~----- Memorial ------ to ------ Independence ------ to ------ Labor ------ to ------ Thanksgiving ------ to ------ Christmas ------ to ----- Other CSpeciflj)______ to ------ Bidder Solid Waste Disposal SiteCs) BID CPROPOSAL) FORM Schedule 5.0.J Page 2 of 7 I I I I I I I I I I I I I I I I . . INFORMATION SCHEDULE J - (continued) 5. Will the ACTUAL operating hours in Question II.B.3 be extended up to the PERMITTED operating hours in Question II.B.l in order to accommodate Town of Southold solid waste? Yes No 6. Are there any local agreements, ordinances, etc. which would prohibit extending the ACTUAL operating hours in Question II.B.3 up to the PERMITTED operating hours in Question II.B.l.? Yes No C. What is the PERMITTED annual capacity in tons? 199'1 1995 1996 1997 1998 D. At the PERMITTED levels in Question II.C., what is the projected useful life in years? ------------------------------------------------------- ------------------------------------------------------- E. What is the annual RECEIVING level today?______________ Bidder Solid Waste Disposal 5ite(s) BID (PROPOSAL) FORMS Scheljule 5.0.,J Page 3 of 7 I I I I I I I I I I I I I I I I I I I . . INfORMATION SCHEDULE J - (Continued) F. At the RECEIVING levels in Question II.E., what is the projected userul lire in ~ears? G. How much or the RECEIVING level in Question II.E. is committed to under contract in tons? 199'f 1995 1995 1997 1998 H. Does the Disposal Site have special waste restrictions ror: Yes No Gate Fee ($) 1 . Construction/Demolition 2. Asbestos 3. Wastewater Treatment Sludge 'f. Hazardous Waste Bidder Solid Waste Disposal Slte(s) BID (PROPOSAL) FORM Schedule 5.0.J Page 'f or 7 I I I I I I I I I I I I I I I I I I I . . INFORMATION SCHEDULE J - (Continued) I. Are there an~ existing municipalities which prohibit: Agreements with local Item Yes No 1. RoutIng to site 2. Weight lImits between state roads and site 3. Number of vehicles 'to VehIcle size 5. SolId waste importation outside jurisdictional area 5. Host Communit~ Benefits III. EXPANSION PLANS A. Application PermIt 1. Permittee: 2. No. : 3. State: 'to Date of Submission: 5. Cop~ Enclosed: 5. Submission Status: Yes No a. Expansion of current site or new site b. Local Citizenr~ reaction________________ c. Regulator~ agenc~_______________________ Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM Schedule 5.0.J Page 5 of 7 I I I I I I I I I I I I I I I I I I I . . U,fTIRf-1ATI liN ~;r:HFrJl IfE J - 0:: Cnnti nued) d . Lit i gat ion _______________________________ e. Likelihood to succeed B. If you are successful in Question IILA., what is the additional annual DESIGN capacity in tons (do not include figures from Question II.C.)? 188'! 1885 1886 155f 1888 C. At the annual DESIGN levels in Question III.B., what would be the projected useful life in years? D. Would you be willing to share with the Town of Southold engineering reports utilized for the preparation of the Operating Permits on Expansion Application? Yes No E. Bidder's Disposal Site(s) Engineer of Record Firm's Name Firm's _Address Project Engineer_______________________________________ Bidder Solid Waste Disposal SiteCs) BID (PROPOSAL) FORM Schedule 5.0.J Page 6 of 7 I I I I I I I I I I I I I I I I I I I . . INFORMATION 5CHEDULE J - CContinued) IV. ATTACHMENT5 Attach copies of all permits required of the disposal siteCs) and a copy of the agreement, performance bond and insurance between bidder and permit holder to use the disposal siteCs) during the term of this Agreement. Are you willing to meet with the Town of 5outhold 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 50uthold specifications applying thereto unless exceptions are indicated above and an explanation attached. Bidding Company _______________________________________ Address City -------------------------------------------------- 5tate Zip By~_________________________________________________________~____ CPlease Print or Type) NAME AND TITLE 5ignature~_______________________________________________________ Phone No. -------------------------------------------------------- Date ------------------------------------------------------------ CORPORATE 5EAL Bidder Solid Waste Disposal 5ite(s) BID CPROP05AL) FORM 5chedule 5.0.J Page 7 of 7 I I I I I I I I I I I I I I I - . . INFORMATION SCHEDULE K FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Suret~, are and hereb~ held firml~ bound unto _______________________________ as Owner in the sum of of for the pa~ment which, will and trul~ be made, we hereb~ jointl~ and severall~ bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this da~ of ---------------------, 18 The condition of the above obligation is such that whereas the Principal has submitted to the Town of Southold a certain Bid, attached hereto and hereb~ made a part hereof to enter into a contract in writing, for the hauling and disposal of solid waste; NOW, THEREFORE, (a) If said Bid shall be rejected Dr in the alternate, Cb) 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 (properl~ completed in accordance with said Bid) and shall flJrnish certificates of insurance and a bond for this faithful performance of said Agreement, and for the pa~ment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created b~ the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressl~ understood and agreed that the liabilit~ of the Suret~ for an~ and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. Form of Bid Bond BID (PROPOSAL) FORM Schedule 5.0.K Page 1 of 3 I I I I I I I I I I I I I I I I I I I . . The Suretu, for value received, herebu stipulates and agrees that the obligations of said Suretu and its bond shall be in no wau impaired or affected bU anu extension of the time within which the Owner mau accept such Bid; and said Suretu does herebu waive notice of anu such extension. IN WITNESS WHEREOF, the Principal and the Suretu have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed bU their proper officers, the dau and uear first set forth above. (L.S.) Principal Suretu BU: Address of Suretu: SEAL (ACKNOWLEDGEMENT BY CONTRACTOR, IF A CORPORATION) STATE OF: ) COUNTY ) SSN: On this daU of ___________________, personallu came '_____________________, to me dulU sworn, did depose and sau that that 18___, before me known, who being he resides in he is the ------------------------------------, ________________________ of the _________________________________ corporation described in and which executed the foregoing instrument; that he knows the seal of the corporation; that the seal affixed to the instrument is such corporate seal; that it was so affixed bU the order of the Board of Directors of the corporation; and that he signed his name thereto bU like order. Notaru Public Form of Bid Bond BID (PROPOSAL) FORM Schedule 5.0.K Page 2 of 3 I I I I I I I I I I I I I I I I I I I . . (ACKNOWLEDGMENT BY CONTRACTOR, IF A PARTNERSHIP) ) STATE OF: COUNTY OF:_________________________________) SSN: On this _____ da~ of ____________________, 19___, beFore me personall~ came __________________________, to me known, and known to me to be a member of the Firm of ______________________ and known to me to be an individual described in, and who executed the Foregoing instrument in the Firm name of______________________. and he dul~ acknowledged to me that he executed the same For and in the behalF of said Firm For the uses and purposes mentioned therein, Notar~ Public (ACKNOWLEDGEMENT BY INDIVIDUAL CONTRACTOR) STATE OF: ) COUNTY ) SSN: On this ____ day of _____________, 19___, beFore me personall~ came _________________________________, to me known and known to be the person described in and who executed the Foregoing instrument and dul~ acknowledged that he executed the same. Notar~ Public Form of Bid Bond BID (PROPOSAL) FORM Schedule 5.0.K Page 3 of 3 I I I I I I I I I I I I I I I I I I I . . INFORMATION SCHEDULE L PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS, that Cher-einafter- called the "pr-incipal") ~~d------------------------ Cher-einafter- cailed the ;;-Suret\d;;-)-ar-e--held~nd-Fir;;;l\d-bound-to--the TOlDn of Southold Cher-einafter- called the "Owner-") in the full and just sum of _________________________________ dollar-s C$___________) good and lawful money of the UnIted States of Amer-ica, for- the payment of which sum of money, well and tr-uly to be made and done, the Pr-incipal binds himself, his heir-s, executor-s, administr-ator-s and assigns and the Sur-ety binds itself, its successor-s and assigns, jointly and sever-ally, fir-mly by these pr-esents. WHEREAS, the Pr-incipal has enter-ed into a Agr-eement bear-ing date on the ________________________, 199~, with the Owner- Southold Solid Waste Haul-Disposal Ser-vices, Agr-eement is annexed to and her-eby made par-t though her-ein set for-th in full. cer-tain wr-itten day of for- the Town of a copy of which of this bond as NOW, THEREFORE, the conditions of this obligation ar-e such that if the Pr-incipal, his or- its r-epr-esentatives or- assigns, shall well and faithfully comply with and per-for-m all the ter-ms, covenants and conditions of said Agr-eement or- his Ctheir-, its) par-t to be kept and per-for-med and all modifications, amendments, additions and alter-at ions ther-eto that may her-eafter- be made, accor-ding to the tr-ue intent and meaning of said Agr-eement, and shall fuily indemnify and save har-mless the Owner- fr-om all cost and damage which it may suffer- by r-eason of failur-e so to do, and shall fully r-eimbur-se and r-epay the Owner- for- all outlay and expense which the Owner- may incur- in making good any such default, and shall pr-otect the said Owner- against, and pay any and all amounts, damages, costs and judgments which mayor- shall be r-ecover-ed against said Owner- or- its officer-s or- agents or- which the said Owner- may be called upon to pay to any per-son or- cor-por-ation by r-eason of any damages ar-ising or- gr-owing out of the doing of said wor-k, or- the r-epair- of maintenance ther-eof, or- the manner- of doing the same. or- the neglect of the said Pr-incipal, or- his Ctheir-, its) agents or- ser-vants or- the impr-oper- per-for-mance of the said wor-k by the said Pr-incipal, or- his Ctheir-, its) agents or- ser-vants, or- the infr-ingement of any patent or- patent r-ights by r-eason of the use of any mater-iais fur-nished or- wor-k done as afor-esaid or- other-wise, then this obligation shall be null and void, other-wise to r-emain in fuli for-ce and effect; Per-for-mance Bond BID CPROPOSAL) FORM Schedule 5.0.L Page 1 of 2 I . . I I PPOVIDED HOWEVER, the Surety, for value receIved, hereby stipulates and agrees, if requested to do so by the Owner, to fully perform and complete the work mentioned and described in said Agreement, pursuant to the terms, conditions, and covenants thereof, if for any cause the Principal fails or neglects to so fully perform and complete such work and the Surety further agrees to commence such work of completion within ten (10) calendar days after written notice thereof from the Owner and to complete such work within ten (10) calendar days from the expiration of the time allowed the Principal in the Agreement for the completion thereof; and further I I I I PROVIDED HOWEVER, the Surety, for value received, for itself and its successors and assigns, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by an extension of time, modification, work to be performed thereunder, or by any payment thereunder before the time required herein, or by any waiver of any provisions thereof, or by any assignment, subletting or other transfer of any work to be performed or any monies due or to become due thereunder; and said Surety does hereby waive notice of any and all of such extensions, modifications, omissions, additions, changes, payments, waivers, assignments, subcontracts and transfers, and hereby expressly stipulates and agrees that any and all things done and omitted to be done by and in relation to assignees, subcontractors, and other transferees shall have the same effect as to said Surety as though done or omitted to be done by or in relation to said Principal. I I I I I IN WITNESS WHEREOF, the Principal has hereunto set his (their, its) hand and seal and the Surety has caused this instrument to be signed by its ________________________, and its corporate seal to be hereunto affixed this day of _______________, 188~. I I (If Corporation add Seal and Attestation) Principal By: I Attest I Add Corporate Seal Surety ~~---------------------------- By: ----------------------------- I Attest ------------------------------ Address of Surety ----------------------------- . - Performance Bond BID (PROPOSAL) FORM Schedule 5.0.L Page 2 of 2 I I I I I I I I I I I I I I I I I I I . . INFORMATION SCHEDULE M NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at b~ the bidder independentl~ and has been submitted without collusion with an~ other vendor of materials, supplies or equipment of the t~pe described in the invitation for bids, and the contents of this bid have not been communicated b~ the bidder, nor, to its best knowledge and belied, b~ an~ of its emplo~ees or agents, to an~ person not an emplo~ee or agent of the bidder or its suret~ on an~ bond furnished herewith prior to the officiai opening of the bid. (Signed)_________________________ (Corporate Title) eif any)_______________________ Bid on Non-Collusive Certificate BID (PROPOSAL) FORM Schedule 5.0.M I I I I I I I I I I I I I I I I I . . THIS AGREEMENT, made on the day of ,l99~, 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. WIT N E SSE T H: WHEREAS, Contractor has submitted to the Town a bid 199~ ("Bid") in response to Hauling-Disposal Services ,("Solicitation"); and WHEREAS, the Town Board of the Town of Southold by resolution # adopted on ________________________, authorized the Town Supervisor to enter into an agreement with the Contractor to perForm certain services in connection with the handling of solid waste, NOW, THEREFORE, it is mutually covenanted and agreed by and between the parties hereto as Follows: I. DEFINITIONS Terms deFined in the Bid Solicitation shall have the same meaning as iF deFined herein. II. SCOPE OF SERVICES The Contractor shall perForm the services in accordance with the description of those services as set Forth in the Solicitation. dated the Town's dated Bid Solici tation For APPENDIX A-l I I I I I I I I I I I I I I I . . . II]. TERM OF AGREEMENT The term of this Agreement shall be Three (3) years commencing on July 10, 188~. If the Town enters into an intermunicipal solid waste haul/disposal agreement the Town may terminate the agreement at any time during Agreement years two (2) and three (3) by giving six (6) months written notice to the Contractor. 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 furnished by Contractor is found in Section C - 3.1, Contractor's bid which is incorporated into this Agreement. V. PAYMENTS A. The Contractor shall receive monthly payments for services performed during the prior calendar month. The Contractor shall submit a request for payment on a Town approved voucher form along with Contractor's invoice which shall include a daily summary of tonnage hauled by Contractor to a Disposal Site and disposed by Contractor at a Disposal Site 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 to be 3.2. , I I I I I I I I I I I I I I I I . . Contractor or to protect the Town from 1055 on account of any claims filed or reasonably anticipated to be filed. VI. CONTRACTOR'S WARRANTIES AND REPRESENTATIONS Contractor makes the following warranties and representations: A. Contractor represents that the Town has made no commitment under this Agreement with respect to the volume of solid waste to be handled by Contractor during the term of this Agreement. B. Contractor warrants that Contractor shall comply with all federal, state and local laws, ordinances or regulations applicable to all of the services to be performed by Contractor. C. Contractor represents that the information furnished by Contractor in the equipment schedules included in the bid is accurate and complete and Contractor acknowledges that Town has relied upon the accuracy and completeness of that information in the selection of Contractor as the lowest responsible bidder. D. The Contractor represents that Contractor shall utilize its best efforts to insure that Minority and Women Owned Businesses (MBE's and WBE's) have the opportunity to participate as subcontractors under this Agreement. In the event the contractor subcontracts twenty-five percent (25~) or more of its work hereunder, Contractor shall submit to the Town an MBE APPENDIX A-3 I I I I I I I I I I I I I I I I I - - . . and a WBE Utilization Plan, prior to execution of this Agreement. E. In the event the Contractor's Disposal Site is unable to receive and dispose of the Town's waste for any reason (including failure to obtain or maintain necessary permits or licenses), Contractor shall be responsible for providing to the Town an alternate Disposal Site for the Town's use at no additional cost to the Town, and shall indemnify the Town against any additional hauling cost by the Town or its agent because of the location of the alternate Disposal Site. Under no circumstances shall a change in Disposal Site(s) or failure or inability to obtain or maintain necessary permits by the Contractor be considered a change in conditions. In the event the Contractor is unable to find an alternate Disposal Site(s), he shall be deemed to be in default of this Agreement and liable for damages, bond forfeitures and other expenses as provided in the Agreement. VII. INDEMNIFICATION INSURANCE/BONDS A. Contractor agrees to defend, indemnify and save harmless the Town of Southold against any and all liability, loss I damage I detr iment, sui t I claim I demand I cost, charge, attorney's fees and expenses of what ever kind or nature which the Town may directly or indirectly incur, suffer or be required to pay by reason of or in consequence of the Contractor carrying out or performing under the terms of this Agreement, or failure to carry out any of the provisions, duties, services or requirements of this Agreement, whether such losses and damages APPENDIX A-'f I I I I I I I I I I I I I I I I I . . I . . are suffered or sustained by the Town directly or by its employees, licensees, agents, engineers, citizens or by other persons or corporations, including any of Contractor's employees or agents who may seek to hold the Town liable therefore. This obligation shall be ongoing, shall survive the term of this Agreement and include, but not be limited to, claims concerning non-sudden environmental impairments. The Contractor shall Join in the commencement of any action or proceeding or in the defense of any action or proceeding which in the opinion of the Town constitutes actual or threatened interference or interruption with the Town's rights hereunder, including all appeals which, in the opinion of the Town, may be necessary. B. Contractor shall procure and maintain the insurance described in Section A of the Solicitation for a period commencing on the date of this Agreement and terminating no earlier than one year following termination of services under this Agreement. All such insurance coverage shall name the Town as an additional insured and shall provide that the coverage shall not be changed or canceled until thirty (30) days written notice has been given to the Town. All such insurance shall be issued by a company duly authorized to transact business in the State of New York and acceptable to the Town and shall include all riders and additional coverage necessary to insure that Contractor will be financially able to meet its obligations under the foregoing indemnification. APPENDIX A-5 I I I I I I I I I I I I I I I . . - - . . C. Contractor shall, for the period of the performance of services hereunder, maintain a Performance Bond in the amount of one million ($1,000,000.00) dollars wherein named obligee is Town of Southold. The Bond shall be In a form acceptable to the Town Attorney and issued by a surety licensed to do business in New York as a surety. VIII. FORCE MAJEURE If either party is delayed or prevented from fulfilling any of its obligations under this Agreement due to any act, event or condition, whether affecting the Town, the Contractor, the Disposal Site or any of the Town's or the Contractor's respective subcontractors or suppliers, to the extent that it materially and adversely affects the ability of either party to perform any obligation hereunder (except for payment obligations), and if such act, event or condition is beyond the reasonable control and is not also the result of the willful or negligent action, inaction, or fault of the party relying thereon as Justification for not performing an obligation or complying with any condition required of such party under the Agreement, the time for fulfilling that obligation shall be extended day-by-day for the period of the uncontrollable circumstance; provided, however, that the contesting in good faith or the failure in good faith to contest such action or in action shall not be construed as willful or negligent action or a lack of reasonable diligence of either party. Subject to the foregoing, such acts or events shall include the following: APPENDIX A-6 I . . I I (1) an act of God (but not including reasonabl~ I anticipated weather conditions for the geographic area of the Town or Disposal Si te) , hurTicane, landslide, lightning, I I earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enem~, extortion, war, blockade or insurrection, riot or civil disturbance; I (2) the failure of an~ appropriate federal, state, count~, town or local public agenc~ or private utilit~ I having Jurisdiction in the areas in which the Transfer Station or I Disposal Site is located to provide and maintain utilities, services, water and sewer lines and power transmission lines I which are required for the operation or maintenance of the Transfer Station or Disposal Site; I (3) governmental pre-emption of materials or services in connection with a public emergenc~ or an~ I condemnation or other taking b~ eminent domain of an~ portion of I the Transfer Station or Disposal Site; and (~) the presence of hazardous waste upon, beneath I or migrating from the Transfer Station. It is specificall~ understood that none of the I following acts or conditions shall constitute uncontrollable circumstances: (a) general economic conditions, interest or . - - - inflation rates, or currenc~ fluctuations; (b) the financial condition of the Town, the Contractor, an~ of its affiliates or an~ subcontractor; (c) union work rules, requirements or demands which have the effect of increasing the number of emplo~ees APPENDIX A-7 I I I I I I I I I I I I I I I ... ... ... . . employed otherwise increase the cost to the Contractor of operating its haul operation or the Disposal Site (d) equipment failure; (e) any impact of prevailing wage law, customs or practices on the Contractor's costs; (f) any act, event or circumstance occurring outside of the United States, or (g) any change in law or in the permit conditions or status of the Transfer Station Disposal Site or alternate Disposal Site. IX. SUBCONTRACTS Contractor shall not enter into any subcontracts in connection with the services to be performed by Contractor hereunder without the prior written approval by the town of such subcontracts. All such subcontracts shall make express reference to the terms and conditions of this Agreement and shall obligate the subcontractor to comply with all applicable federal, state and local laws, ordinances or regulations relating to the services to be performed under the subcontract. In the event the subcontractor is required to furnish any insurance or bonds for the benefit of Contractor, the Town shall also be named as an additional insured or obligee. X. PREVAILING WAGE RATES Contractor agrees to comply with the provisions of the New York State Labor Law relating to the payment of prevailing wage rates to the extent applicable, or the applicable State Law in the state of disposal. In the event that at any time during performance under this Agreement the Contractor is required to increase the wages paid to any of its employees as a APPENDIX A-8 I I I I I I . . . . result of such requirement, all costs resulting there frOm shall be borne exclusively by Contractor. XI. FORCED ACCOUNTING I In the event the Town directs the Contractor, by written authorization signed either by the Town Supervisor or Town's Solid Waste Coordinator, to perform additional services beyond the scope of those described in this Agreement, the Contractor shall be compensated for such additional services on the following basis: TOTAL COMPENSATION FOR ADDITIONAL SERVICES DIRECT LABOR COST + DIRECT MATERIAL COST + OVERHEAD + PROFIT ~ - - - - For the purposes of this Section: A. DIRECT LABOR COST shall include hourly wages, including overtime premiums actually paid plus the following fringe benefits associated with those wages - group medical, group life insurance, pensions, FICA, uniforms, safety equipment or special tools. These fringe benefits shall be separately identified and shall not duplicate fringe benefits paid in cDnnectiDn with wDrk perfDrmed within the sCDpe Df the Agreement. B. DIRECT MATERIAL COST shall be thDse CDsts actually paid by CDntractDr fDr materials utilized by CDntractDr in performance of the additiDnal services. The CDStS fDr such materials shall not include sales tax fDr any materials which constitute persDnal property incorporated into the structures, buildings, or real property of the Town since such personal APPENDIX A-9 . ~ .. . . property is exempt from taxation under Section 1115 of the New York State Tax Law. C. OVERHEAD shall be 10% of the total of the Direct Labor Costs and the Direct Material Costs. D. PROFIT shall be 5% of the total of the Direct Labor Costs, the Direct Material Costs and the Overhead. XII. CONTRACTOR'S OPERATIONS AND PROCEDURES REPORTS Contractor will provide the operating plan and supporting data listed in Sections A and B of the Solicitation to the Town for review and acceptance. Contractor will update the plan as necessary and furnish copies of those updates to the Town. XIII. DEFAULT In the event the Contractor fails to perform its obligations under the Agreement, the Town may terminate the Agreement, procure the services from other sources and hold the Contractor responsible for any costs incurred. The Town also may deduct such costs from payments owing to the Contractor and/or draw upon the Performance Bond as full or partial reimbursement for such excess costs. The Town reserves the right to terminate the Agreement for Just cause. XIV. 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 Contractor submits a Bid APPENDIX A-lO I I I I I I I I I I I I I I . - . . fo~ a Disposal Site for which Contract Dr dDes nDt currently have all necessary federal and state permits, Dr which after the acceptance of the Bid loses its permitted status, Contractor shall, at its sole risk and expense, be respDnsible for obtaining and/or renewing its permits or providing the Town an alternate Solid Waste Disposal Site at nO additional cost (disposal plus any additional hauling) to the Town. The parties agree that this is a full service Agreement and failure of the Contractor to provide the identified Disposal Site or acceptable alternative Disposal Site, on or after the commencement date shall constitute a breach of this Agreement. The Contractor accordingly shall not be excused from its obligations hereunder by reason of any failure to obtain or maintain its permits at the identified Disposal Site. XV. LIMITATION OF 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 liability beyond those available by authorization of the Town Board as of the date of this Agreement. XVI. DISPUTES/ARBITRATION Any disputes between the parties to this Agreement may be referred to arbitration by mutual agreement of the parties. Absent such an agreement, any actions or claims by either party hereto shall be commenced in Supreme Court, Suffolk County, New York. APPENDIX A-II I . . . . - .. In the event the parties agree to arbitrate a dispute, such arbitration shall be conducted in accordance with the rules of the American Arbitration Association. In no event shall any demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitations. An award rendered by arbitrators following any such ... . arbitration shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. XVII. MISCELLANEOUS A. This Agreement shall be governed by the laws of the State of New York. B. Contractor shall not assign, conveyor otherwise transfer its rights or obligations under this Agreement without the prior written consent of the Town. C. This Agreement, including all Exhibits and documents referred to herein, along with the Specifications, Solicitation and the Bid, and all Appendices and Exhibits thereto, represent the entire agreement between the Town and Contractor relating to the Services to be performed hereunder. This Agreement may be modified only by written agreement of Contractor and the Town. D. To the extent of any inconsistency among the documents constituting the agreement of the parties, the priority among those documents shall be: APPENDIX A-I2 . . . . 1. This Agreement; 2. Exhibits hereto; 3. The Solicitation including Appendices; ~. Contractor's Bid. E. Without limiting any other right and/or remedy which the Town may have at law or under this Agreement, iF the Contractor is adjudged bankrupt or makes an assignment For the beneFit of creditors or a receiver is appointed For the Contractor or any insolvency arrangement proceedings are instituted by or against the Contractor, the Town may terminate this Agreement. F. Contractor agrees that it will conduct itselF consistent with its status, said status being that of an independent contractor and, Contractor, its employees or agents will neither hold themselves out nor claim to be an oFFicer or employee of the Town of Southold nor make claim to any right accruing thereto including, but not limited to, Worker's Compensation, Unemployment BeneFits, Social Security or retirement membership or credit. G. IF any provision of this Agreement shall For any reason be held to be invalid or unenForceable, the invalidity or unenForceability of such provision shall not aFFect any of the remaining provisions of this Agreement and this Agreement shall be enForced as iF such invalid and unenForceable provision had not been contained herein. H. Contractor agrees that it shall not APPENDIX A-13 I I I I I I I I I . . . . discciminate and that it shall cause thece to be no disccimination against any employee who is employed in the wack, oc against any applicant fOe such employment, because of cace, celigion, coloc, sex, age, macital status, handicap oc national ocigin in any mannec pcohibited by the laws of the United States Oc of the State of New YOck. These cequicements shall include, but not be limited to, the following: employment; upgcading, demotion oc tcansfec; ceccuitment oc ceccuitment advectising; layoff oc tecmination; cates of pay oc othec focms of compensation; and selection fOe tcaining. XVI I I. NOTICES All notices cequiced to be given heceundec shall be made in wciting by ficst class mail addcessed as follows: APPENDIX A-l't I I I I I I I I I I I I I I I . . If to the Town: Supervisor of the Town of Southold Town Hall 53095 Main Road Southold, New York 11971 With a copy to: Solid Waste Coordinator Town of Southold 53095 Main Road Southold, New York 11971 If to the Contractor: With a Copy to: IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written TOWN OF SoUTHDLo ----------------------------- Thomas H. Wickham Supervisor ------------------------ ----------------------------- APPENDIX A-IS ,I f --'. r I I I I I I ~ I I I ... '....- I,"" U ~, .~, :.. e,1 '.:. ~ :.io:. '_ ..... I.,;, e TB \!.; J .........,. . , vCT 82 '93 is;:.:; t'i)"S EnV.(OHS. ! P... N~ YoM< :Stal"" D~~l'lm:::m ;:;1 Erw:ronm&iliAI ContJar.sl!on ~~"' #H,.f.~~~Y. Stnny .a.o.~l<,.. f'"",~ 'r;:),"i( 11~~ .::.&...~.r ~",h1.o.:..: l~....o) l'i~"7-l.J,J4~ FACSn!!~: (SlG) 4H-0373 ' ~ ~ ,:.". October 8, 1993 VIJ!.. 'r'!"~'!::'''.~'}:..snd J]., S.. !'"'"~ Frank Isler, Esq. S~ith, Finkalctain, LUndb~r9, ISlqr and Yar.aboaki 456 Grifting ~V&nu. P.o. !Sox 389 RiverhGll.d, Ne~ ~ork 11901 Thomu C. Jllrllng Cornml..lo"., ~Gr ~o~u or ao~thold ~ran$tor 8tatlon racility Id~~tlticeticn Ho. S2 ~ 92 [)oar Mr. ruler: Purcu~nt to I!!(2} of the SOPt0mbcr4, 1991 Decision an~ OrQQr of 'Depu-ey CO=i8!3.!.cner Edward Q'SU1'livCln,o::;;c Nc. 1-.1020, the Deparbent hsreby approves operation Of the temporary tre.nster st<=.ticn at th.: Cutcncgue Bite for a one year psriCld Of time etfective S!lturoay, October 9, 1993, Ccnntructl.Cn of sa id transt$r station hl:ls been certifi!)Q by the TOwn Engineering Inspac:tor, J.!:IIles Richter, todQV, OctaDers, 1993. OperQticn at thn taCility \:ill be ~s deteil.ad .in the Enginearing RGpcrt pr~parect by OVlrka &: BartiJ.ucci dated SaptQlllhl!lr, 1993, anq in I1dditic.., the. '}'own r:.ust comply with tho fOllowing OporQting conditions: :1. The T01.r.1muet COllitllj-" Idell 6 NYCR.~ subparts ,3600'1 (General Prcviuiol'ls) l1nd 360-11 ('rranst'er Stations) of " tlYCRlI Part '3.fiO (e!!Qcti,a October 9, 1993), exoept as specifically m~ditiod by thie 4uthorL:atioll and the apprcved Engineering Report: lltId Plans. 2. 72 hourn ThE> Town sh.!:ll not otoro "'llstos at the f1lCility Illora than f~c~ the time or acc~pta~ce of such wasto. , 3. The 'r'o'm she.ll tt!.k... ~ll naCiilBsary steps to, Control nui6ancu3 SWct: C&5 blc....1ng Pil.t:>orB, V(;ctc,:,s, dust. and cdor:s. 4. 'the Town Ii; authorized t.o OP€t..~t2 the facility fro:n the. hou~s of 7:0D a.m. to 5;00 p.~., ~8v~n (7) days per wae~. 5. Th", 'I'c\m 18 prr.'hibited frotl receiving at thi" tacility haz&.!:'dous ...,,;;,to Z!!: do fined in 6 NYCP-R Part J 71 oi: rcqlll~ t.2d :::edica 1 ,I.',-,,;t.o ~G diltined in 6 l/YCP_'l. P~.rt ',)60, Approval must bo qrant:ad in advQnce, i~ ~~itlr.q b1' tho P.Gql0nal Solid Wa~te Enginesr, to ~Ccep~ non-ha=~~'doU8 i~du~tri~l wacte a~,tho facility. 1+ r P c.:1:; 'l>fj- r~ Poet.lt-Ilra"o tn.' !.:H...f':rrd:.l~ fll!;mc. ""7~ I. ...,,,_ '__ .....1 Pac;:s 1 ot 2. --, .- '. '(I ~ ... . - - -\C - - - - I .. ; .- ~- - -J , J . OCT 0::3 'S:; 16: 16 I'.YS ErIV.CQI6. , P.5 , r Frank ISler, Eaq. ReI" ~O~ C~ S~u~h~l~ ~r~~r~= at~tiOD ~aQilit~ !cent1!io:~io~ No. SP. ~ S2 (Cont'd.) October S, 1993 Thi!3 ~u~!"1o:'"izc.t~.cn is: ccnd,1t.ioncd upon the Tcn~n' s strict' adhere:ncG ;;'0 \:.h.. condJ.l:icnc; tl~ cutiinfld aha....... c.nd failura to do &0 :- may result in & revcc~~io~ o! thl~ author1z~~ion. V/?;Z;: ~.y~. COWEN, P.E. RGgion~l Dir~ctor REC/MEC/= Eno. ~-agr;o 2 of 2. .:&out~ol~1~9~ t4 P ()aJ D I X - l~ I I I I I I I I I I I I I I I . . . TOWN OF SOUTHOLD ACCIDENT REPORT Date of Accident: 1 1 Time of Accident___:___AM/PM Oral Report By:_____________________ To:____________________ Date: ____1____1____ Time:_______ __________ AM/PM Location of Accident: ------------------------------------------ Brief Description of Accident: ----------------------------- -------------------------------------------------------- ----------------------------------------------------------- ----------------------------------------------------------- ------------------------------ -------------------------------------------------------------- ----------------------------------------------------------------- ---------------------------------------------------------------- ---------------------------------------------------------------- ___ Check if continued on separate sheet Action Taken: ---------------------------------------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- Additional Action Required & By Whom:____________________________ ----------------------------------------------------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- ------------------------------------------------------------------- Date of this Repqrt:____I____/____ By:______________________ Department:________________________ ANY POLICE REPORT PREPARED REGARDING THIS ACCIDENT MUST BE ATTACHED. Forward Accident Report to Solid Waste Coordinator Southold Town Solid Waste District P.O. Box 862 Cutchogue, New York 11835 APPENDIX - C I I (/ I I I I I I t I I I I I I I ( l- I . ~ . S.O SUMMARY This is a Summary of the update to the Solid Waste Management Plan (SWMP) for the Town of Southold. The Town's initial draft SWMP was adopted by the Town Board on September 25, 1990, and a final SWMP on January 22, 1991. Since the adoption of the SWMP, there have been a number of changes in solid waste management in Southold and on Long Island. The update to the SWMP has been necessitated by several factors, including changes in solid waste generation, recycling initiatives, regulatory constraints, and available capacity at other solid waste facilities combined with changes in the cost of out-of-Town handling and processing by the private sector. These factors have resulted in a change in the Town's preferred processing alternative for the residual waste remaining after reduction, reuse, and recycling. S.l Town Setting The Town of Southold is a rural town of approximately 54 square miles located in eastern Suffolk County on Long Island. It is bordered by the Peconic Bays and Gardiners Bay to the south, and the Long Island Sound to the north. The Town, along with the Town of Riverhead to the west, comprises the North Fork of the "East End" of Long Island. It also includes the Hamlet of Fishers Island, a small island community covering approximately four square miles. The Town supports a large agricultural community, as well as a seasonal tourist population and a number of weekend/part-time residents. Of the various communities in the Town, the larger residential areas are primarily located in Southold, Cutchogue, Greenport, and Mattituck. The Town possesses diverse ecological resources including beaches, bays, estuaries, lakes, freshwater and tidal wetlands, and the upland environment. These 'resources are the result of natural physiology and existing development patterns, and are important for their preservational, social, aesthetic, and recreational value. The Town comprises 5.3% of Suffolk County's land area, but only 1.5% of the County's population. The largest single land use in the Town is vacant land (40%), while 6168R/4 1027 S-l I I f I I I I I I ~ I I I I I I I t-... I . . the second largest land use is agricultural land (25%). Other land use such as residential, commercial, and industrial account for much of the remaining land. S.2 Current Solid Waste Management The Town owns and operates a solid waste complex on County Road 48 - Middle Road in Cutchogue that receives most of the municipal solid waste generated and disposed of in the Town. This includes waste from residential, commercial, institutional, and agricultural sources. The solid waste complex consists of an inactive landfill that ceased operations on October 8, 1993, a multimaterial residential recycling drop-off area, a bi-Ievel multi material recycling area for deliveries by carters, a collection center, a permanent household hazardous waste storage facility, a yard waste composting operation, temporary transfer operations for garbage, rubbish, C&D debris and concrete, and a holding area for household appliances and tires awaiting transfer to processing facilities. On October 8, 1993 the Town ceased landfilling operations and implemented a State authorized temporary transfer operations for garbage, rubbish, C&D debris, and concrete. The temporary transfer operations are expected to be in place for the 6 to 12 month period needed to permit, construct and start-up a new permanent transfer station. A Part 360 Engineering Report and Permit Application for the new permanent transfer station describes the design features and operations of the proposed facility. Concurrent with the temporary transfer operations on October 9, 1993 the Town initiated a special bag program for residential garbage. Residential garbage must be placed into special bags to be accepted at the Town's solid waste complex. Residents who drop off garbage and carters that collect garbage from noncommercial customers can deliver only the special bags to the Town for disposal by the transfer operations. Commercial waste can be charged by weight and does not need to be placed in the bags. Recyclable materials are prohibited from being placed in the special bags. It is anticipated that over the long-term the cost of the bag will encourage waste reduction and increase recovery of recyclable materials. The Town's recycling program has been in effect at the solid waste complex for several years and has been steadily increasing in scope. Use of the recyclables collection center is free. The materials included in the recycling effort are: 6168R/4 1027 S-2 I I { I I I I I I t I I I I I I I J-. I . . o Newspaper o Plastic containers o Major household appliances o Metal containers 0 Bulk Metals o Household hazardous waste o Clear glass o Waste oil o Leaves o Green glass o Old clothes o Brush o Brown glass o Batteries o Wood chips o Tires o Mixed Paper (other than cardboard) o Cardboard } - , L, I / In accordance with its solid waste management planning efforts, the Town has implemented a mandatory curbside recyclable collection program for those residents whose solid waste is collected by carters. Residents that' use carters are required to separate green, brown, and clear glass, plastic (.f,:~~#l ~~d~#2), tin and aluminum (commingled), newspaper, and cardboard. Collection of recyclables from customers is currently performed once every other week. Collection by Town permitted carters is provided for residential, commercial, institutional, and industrial customers on an individual contract basis. Commercial, institutional, and industrial waste generators can also deliver their own wastes to the landfill provided they are permitted by the Town. Residents may also drop off their wastes at the solid waste complex with a permit. It is estimated that approximately 107 tons per day of municipal solid waste was generated in the Town in 1992. This volume is based o@cale house data from the solid waste complex and includes recyclables. Future waste stream projections have been formulated based on the 1992 data and weighted population estimates through the year 2015, and are as follows: Year Tons oer dav Tons oer vear 1989 123 44,895 1992- 107.7- 39,313 1995 126.6 46,194 2000 134.2 48,995 2005 144.1 52,583 2010 154.4 56,364 2015 165.3 60,348 6168R/4 1027 5-3 I I {, I I I I I I ~ I I I I ( . . , The 1989 data is presented to illustrate the effect that waste reduction, recycling and reuse efforts have had in the Town of Southold during the last few years. There has been an approximately 13% decrease in the municipal solid waste received at the complex (including recyclables) since 1989. An identification of the major categories of the waste stream received at the solid waste complex has been conducted as part of the planning effort, and is presented below by percent of weight for the major component categories of the waste stream. Waste Catee:OTV % Bv Weie:ht Household garbage Construction and demolition debris Sand/sod Concrete Rubbish Scrap Metal Land clearing Brush Leaves/mulch/grass Agricultural debris Household Recyclables Other (includes sludge, tires, shellfish debris, woodchips, waste oil and batteries) TOTAL 37.0 17.0 3.3 1.0 6.7 1.5 4.1 10.9 9.2 1.6 5.0 <2.4 100% In addition, a compositional analysis of the material components performed in 1989 was updated to reflect the 1992 household waste stream. This breakdown is as follows: Waste ComDOSition % bv Weie:ht Paper Plas tics Food Ferrous Metals Nonferrous Metals Batteries Glass Wood Rubber Dirt and Fines Yard Waste Bulky Waste Misc. TOTAL 29.09 6.54 10.53.... 6.88 1.28 0.06 5.41 5.08 2.11 3.74 20.41 3.36 5.08 100%* -Totals may not add to exactly 100% due to rounding. 6168R/4 1027 5-4 I I f\ I I I I I I f I I I . } . . S.3 Alternatives In formulating the Town's original Plan (final SWMP January 1991), a number of alternative processing methods and implementation alternatives had been evaluated. The alternatives have been reconsidered in terms of environmental soundness, applicability, effectiveness and cost, and are presented in this SWMP update. They include: o Waste Reduction o Household Hazardous Waste Removal o Materials Recycling o Agricultural and Yard Waste Composting o Construction and Demolition Debris (C&D) Recycling o Land Clearing Debris Recycling o Waste-to-Energy Reduction/Recovery o Municipal Solid Waste Composting o Landfill Disposal o Clean Fill Disposal o Methods of Processing/Disposal of Other Wastes Although the State has set a goal of 50% reduction, reuse, and recycling as a benchmark for resource recovery systems, it has been concluded as part of the updated plan that, given the characteristics of its waste stream, the Town could target a reduction/reuse/recycling (including composting) goal that will exceed the State's goal. The alternatives that were previously evaluated in the original SWMP for long-term processing or disposal of the residual portion of the waste stream were: o Continued landfilling o Use of a new, double-lined Town landfill adjacent to existing landfill o Processing at the Brookhaven composting-energy recovery facility (has not been implemented) . o Processing at Huntington energy recovery facility o Processing at Babylon energy recovery facility Processing at an in-Town mixed solid waste (MSW) composting facility (no longer a viable alternative) o o Yard waste exchange arrangement with a town having an energy recovery facility (re-evaluated this past year with the towns of Huntington/Smithtown) o Private sector processing/disposal (including possible use of Hempstead's existing energy recovery facility and recently proposed private sector facilities) o Long haul to another facility (component of temporary transfer operations) 6168R/4 1027 S-5 I I ( I I I I I I ~., I I I I I I I i I . . SA Description of Proposed Plan Based upon a reconsideration of the analysis of alternatives conducted for the Town's initial SWMP, the updated SWMP for the Town is also expected to result in the effective management of the Town's solid waste in an environmentally sound. cost-effective manner that reflects the social and economic characteristics of the Town, particularly with regard to its rural nature as a farming community with a relatively small population. The updated SWMP retains the "resource recovery system" contained in the initial SWMP, and expects that the system could effectively dispose of more than 50% of the Town's total waste stream through elements of reduction. reuse, recycling, household hazardous waste removal. and yard waste composting. However, this updated SWMP includes new recommendations for the disposal of the residual waste through the transfer of this portion of the waste stream to existing permitted processing/disposal facilities with sufficient available capacity. S.4.1 ProDOsed Resource Recovery Svstem As with the initial SWMP, this updated Plan contains a number of elements comprising a resource recovery system that could reduce/recycle/reuse more than 50% of the total waste stream. The resource recovery system includes waste reduction, intensive household and commercial/institutional recycling, major household appliances recycling, tire recycling. household hazardous waste recovery. construction and demolition debris recycling, and composting of yard waste that includes leaves. brush and land clearing debris. The specific materials addressed in the updated SWMP's resource recovery system include: o o o o o o Newspaper Magazines CorrugatedlBrown Bags Other Paperboard Office Paper PET, HOPE and Other Plastics Yard Wastes Sand/Sod Ferrous Metals o Nonferrous Metals o Three Colors of Glass o Wood and Lumber o Asphalt o ConcretelBrick o Tires o Dirt o Textiles o Household Hazardous Wastes o Batteries (Vehicle and Household) o o o The following sections describe the components of the Town's resource recovery system. 6168R/4 1027 5-6 I I { I I I I I I t I, I I I I I I ( l- I . . Waste Reduction Waste reduction refers to the reduction of solid waste prior to disposal. This is an important consideration since it may affect the sizing or magnitude of individual operations and facilities. Reduction of the volume of waste could be achieved through Town support of legislation and other initiatives that aim to encourage residential, commercial, industrial, and institutional establishments to reduce waste generation at the source or point of packaging. This would effectively reduce the volume of waste that the Town would need to make provisions for with regard to collection, processing, disposal, administration, and financing. Regarding the legislative aspects of waste reduction, the Town will continue to support laws proposed by the County, State, and Federal governments that strive to: o Reduce the volume and type of packaging materials, especially those constituted of plastics which are essentially nonbiodegradable, nonreusable, and nonrecyclable o Expand the current beverage container deposit law to include a wider array of containers o Encourage greater use of recycled materials, or products packaged in recycled or recyclable materials o Promote the development of household hazardous waste removal programs o Assist and encourage industrial, commercial, and institutional generators to undertake reduction and recycling programs o Assist and encourage homeowners to undertake backyard composting and to leave grass clippings on the lawn The Town will continue to support legislative efforts to establish deposits on batteries as a means of reducing the concentration of metals in various products and residues of solido waste processing. Batteries constitute an easily removable source of potential contamination from the waste stream. In addition to legislative actions, all sectors of the Town (public, commercial, industrial, and institutional establishments) will be encouraged by the Town to reduce 6168R/4 1027 5-7 I I ( I I I I I I t.. I I I I I I I ~. I . . the generation of waste which would ultimately become the responsibility of the Town to handle and dispose. This can be accomplished through local and regional public education programs coordinated by the State. For example, homeowners and landscapers will be encouraged to reuse grass clippings, leaves, and chipped brush as compost and mulch on-site rather than bagging and disposing these materials at a solid waste management facility. Residents will be encouraged to leave grass clippings on the lawn and consideration will be given to excluding grass from the Town solid waste complex. The special bag program makes it economically desirable for residents not to dispose of grass at the solid waste complex. The Town's new special bag program is an economic incentive program that has been used successfully by other communities in reducing the amount of waste going to ultimate disposal facilities. This program has been in place since October 9, 1993 and is an important component of the Town's resource recovery system in terms of waste reduction and financing of the transfer operations. The NYSDEC estimates that implementation of statewide and local waste reduction efforts, along with continued and expanded voluntary programs and other legislative actions, could'reduce solid waste generation by approximately 8% to 10%. This estimate is contained in the State's 1987 Solid Waste Management Plan (and updates) as a statewide goal and is incorporated as one of the goals of the Town's proposed Plan. It is estimated that over the long-term approximately 10% of the Town's waste stream would be reduced by this element of the proposed Plan. It should be noted that between 1989 and 1992, the Town's waste stream decreased by 13%. Household and Commercial/Institutional Recvcling Program A comprehensive recycling program which would provide for the recovery and utilization of reusable "waste" resources is a major component of the updated SWMP. This includes a mandatory source separation program for recyclable materials generated in the residential, commercial, industrial, and institutional sectors of the Town, which is currently in operation. Recyclable materials are currently source separated and collected, or privately dropped off, in a segregated manner. 6168R/4 1027 S-8 I I f' I I I I I I ~' I I I I I I I t- I . . The materials targeted for source separation, curbside collection, and marketing include paper (newspaper and corrugated cardboard), color segregated glass, tin and aluminum, plastics (PET and HOPE), and ferrous and nonferrous metal containers. Leaves, brush and land clearing debris are also source separated for the purpose of composting. In addition, separation should be required for construction and demolition debris, white goods (major household appliances), tires, and household hazardous waste. As previously discussed, commercial/industrial toxic or hazardous waste is currently regulated for proper handling and disposal by Federal and State law. These materials should not be handled by the Town and would be recycled or processed at private sector facilities. Recvcling: Maior Household Accliances As with the initial SWMP, the updated SWMP's resource recovery system recommends that discarded major household appliances (also referred to as "white goods") continue to be temporarily stockpiled and transferred on a regular basis to private recycling facilities. White goods, comprising approximately 1 % of the waste stream, include discarded refrigerators, washing machines, dryers, stoves, etc. Depending on markets, it is possible that revenues could be generated from this material. Recvc ling: Tires It is recommended that a designated portion of the solid waste complex be used to temporarily stockpile tires for shipment to appropriate reprocessing or recycling facilities. The temporary stockpile operations should be sized to stockpile up to 1,000 tires at any given time. Using an assumed, generally accepted generation rate of one tire per person per year for the Town's population of 20,002, approximately 20,000 tires per year could require disposal. Alternatively, using an estimated factor for tires in the residential waste stream of 0.64 tons per day (based on 1990 scale house data), with an assumed weight of 25 pounds per tire, an average of approximately 19,000 tires per year would require proper disposal. Based on these estimates, it may be necessary to size a tire stockpile and transfer operation to handle between 19,000 and 20,000 tires per year. This would correspond to an average annual transfer arrangement of approximately 20 shipments per year 0,000 tires per shipment), or approximately one shipment every 2 and 1/2 weeks, with allowances for more frequent shipments during certain peak periods. 6168R/4 1027 S-9 I I { I I I I I I t I I I I I I I l- I . . There are private processing markets currently available that would accept the tires for recycling. Approximately 1% of the total waste stream is covered by this Plan element. Recvcling: Household Hazardous Waste Successful and effective household hazardous waste removal programs, known by the acronym S.T.a.p. (Stop Throwing aut Pollutants), have been shown to be environmentally sound elements of solid waste management systems. A s.T.a.p. program allows for convenient and safe disposal of hazardous chemical wastes found in homes. Although household hazardous wastes typically comprise less than 1% of a municipality's total waste stream, the removal of these materials from the waste stream is important and it is recommended as part of the Town's updated SWMP. These wastes wil1 continue to be removed from the waste stream to prevent them from entering, and potentially impacting, the environment. Removal of these wastes also reduces the risks and hazards associated with processing or disposing these wastes at solid waste management facilities. Continued operation of the Town's permanent S.T.a.p. program wil1 provide residents with a continuous, environmentally safe disposal alternative for unwanted chemical products originating in the home. The daily operation provided by this permanent, fun-time facility make participation in the S.T.a.p. program more convenient than periodically scheduled S.T.a.p. days. The permanent facility, centrally located in the Town, provides residents with a convenient drop-off site for these materials. For an area the size of Fishers Island, the development of a full-time S.T.a.p. program and permanent facility would be both impractical and unnecessary. Consequently, it is recommended that a minimum of two collection "events" per year be held on Fishers Island to remove this material from the waste stream. The S.T.a.p. program wil1 allow for the collection of such household hazardous wastes as: o Adhesives o Alcohol o Antifreeze o Brake Fluid o Charcoal Lighter Fluid o Cleaning Solvents o Degreasers o Fertilizers o Paint Removers o Paint Thinners o Pesticides o Petroleum Based Solvents o Photographic Chemicals and Supplies o Plant and Insect Spray o Pool Chemicals o Solvents 6168R/4 1027 S-IO I I ( I I I I I I t I I I I I I I ~ I . . o Gasoline o Herbicides o Kerosene o Paints o Spot Removers o Stain and Varnishes o Wood Preservatives The resource recovery system in the Town's updated SWMP recommends that the Town work toward implementing an extensive public awareness, participation, and education program designed to provide information on the importance of properly disposing hazardous materials and the procedures to be followed. The Town's S.T.O.P. program is consistent with the New York State Solid Waste Management Plan guidelines since it can effectively help reduce the quantity of hazardous wastes entering the waste stream. Additionally, the S.T.O.P. program is expected to increase environmental consciousness and encourage residents to segregate and recycle wastes rather than discard them. It is estimated that approximately 1 % of the waste stream will be covered by this element. Recvcling: Construction and Demolition Debris The development, planning, permitting, and capital cost of a construction and demolition debris processing facility is still expected to be more cost-effective if it is handled by the private sector rather than the Town. Consequently, as with the initial SWMP it is recommended in the updated Plan that this waste no longer be accepted at Town disposal facilities, except on a temporary basis, the Town will provide the transfer service. The recycling/processing of this waste should become the responsibility of the private sector, as is the case in most Towns on Long Island. This would help to maximize the efficiency of recycling this material. Concrete, rocks, bricks, asphalt, lumber, and pallets are among the components of C&D debris that can be processed and recycled. It is estimated that approximately 15% of the waste stream is comprised of commercially generated construction and demolition debris that could be recovered by this Plan element. It is recommended that reSidentially (homeowner) generated clean material remain the responsibility of the Town for a three to five year period. Over the long-term, private recycling and disposal options are to be used by the generators of this waste. In the meantime, temporary transfer services to private sector facilities have been contracted by the Town under the state authorized temporary emergency transfer operations for these materials. 6168R/4 1027 S-11 I I ( I I I I I I t I I I I . iii f . . Recvcling: Yard Waste ComDosting According to the New York State Solid Waste Management Plan guidelines and the New York State Solid Waste Management Act, composting is one of a variety of methods to reduce the waste stream and promote recycling of resources. Accordingly, the Town's updated Plan recommends the expansion of the existing yard waste composting operation to accommodate all of the Town's leaves, brush, and as much of the land clearing debris as can be recovered for composting. The remainder of the land clearing debris would be handled by the private sector recovery efforts. The Town will continue to promote backyard and on-site composting of 'yard waste by homeowners and landscapers as a method.of minimizing the required size of the Town's yard waste composting operation. Landscapers should be encouraged by the Town to maintain their own compost piles, or .perform this service on-site for their customers. Larger landscaping or land clearing operations should chip brush for ground cover and other uses. It is further recommended that the Town implement a public education program to increase the local demand for end products from both backyard and Town compost operations. Grass will not be composted by the Town; however, residents will be encouraged to leave grass clippings on the lawn or backyard compost this material. S.4.2 Proposed Residual Waste Management The recommended resource recovery system portion of the Plan discussed above is expected to effectively reduce/recycle/reuse (including composting) more than 50% of the Town's total waste stream, provided that relatively high participation rates are achieved and markets are available. The updated SWMP recommends private sector hauling and processing and/or disposal of the residual waste remaining after implementation of the proposed resource recovery system in multiyear stages with each stage preceded by a SWMP reanalysis and update to determine whether more cost-effective options are available. The Town will also continue to evaluate opportunities involving developing intermunicipal agreements. Approximately every five years, again depending on the nature of solid waste activities, costs, and other factors . the Town will bid contracts(s) for private hauling/disposal services or enter into an intermunicipal agreement for disposal/processing of the Town's residual waste. 6168R/4 1027 5-12 I I I I I I I I I I I I I I I . . Southold Town Collection Center 1883 HI GHLI GHTS Landfill Activity............................... .Page 1 Recycling Activity.............................. .Page 2 S . T . 0 . P. Program................................. Page 3 EXHIBITS Material Summary by Month Material Summary (Year's totals Only) APPENDIX E - 1 I I I I I I I I I I I I I I I . . Southold Town CollectIon Center 1993 HIGHLIGHTS Landfill Activitu 1. All landfilling of solid waste ended as of close of business on October 8. Beginning October 9, the garbage and rubbish portions of the Town's MSW was being shipped to one or more permitted facilities in Pennsylvania. Also beginning October 9, the C&O portion of the Town's MSW was being shipped to Westhampton, NY for processing and eventual disposal. 2. The landfill of purchased $':18,000. used approximately cover material at 10,000 cubic yards a cost of roughly 3. While landfilling continued, garbage, rubbish, & C&D were each deposited in separate sections of the elevated area (approx 5-7 acres) in middle of the dump, with a view toward making this section a consistently graded plateau that would be relatively easy to cover with earth, pending final closure. This has been done. There is not now nor has there been in the past a formal "progression plan" for the landfill. ':I. Total incoming waste of 38,182 tons for the year was down 3% from 39,313 tons in 1992. this reduction was concentrated in areas of landclearing (-38%), rubbish (-22%), household garbage (-21%), brush (-18%), and C&D (-17%). Increases were noted in shellfish (':189%), sludge (13':1%), sand/sod (non- purchased) (96%), household recyclables (28%), agricultural (13%), and leaves & mulch (7%). 5. As a result of regulatory requirements related to hauling garbage, the handling of sludge from the Greenport treatment facilities was interrupted as of October 9 pending a decision that the sludge may be included in Southold's MSW shipments. AF'PENDI X E - 2 I I I I I I I I I I I I I I I . . Southold Town Collection Center 1883 highlights Page 2 Landfill Activitu (Cont'd) 6. By year's end, the yard waste area was being rearranged to allow for orderly staging of all brush for grinding, and windowing of the product. Near elimination of the backlog of stored brush has allowed the reorganization of this area to proceed successfully. 7. All woodchip material that had been stored in the old sand borrow pit has been removed and used as cover or given away. The sand pit is empty. 8. New construction in '83: Temooraru transfer station for loading household garbage and rubbish. Consists of a 12' by 60' asphalt pad with a 7-foot concrete block wall on 2 sides. SWAP Area - slab and lean-to type enclosure built to hold items brought for re-use. Concrete slab for a 2nd cardboard compacting container. Fencino - to contain papers from transfer operations; 12 feet high, 175 feet long. Loadinq Platform - for loading newspaper and mixed paper. Recuclinq Activitu 1. In 1883, 15.5% of Southold's total waste stream was recycled, including 17% of the household garbage. With the adoption of the "garbage by the bag program," by December these figures rose to 28% and 3~% respectively. By weight, 3,031 tons of recyclables were collected in 1883 vs. 2,337 in 1882, a 30% increase. Brush compost (up ~~8%), cardboard (115%), newspaper (35%), mixed paper (31%), and plastic (22%), and glass (13%) led the increase. Only clean wood A~PENDIX E - 3 I I I I I I I I I I I I I I I I . . Southold Town Collection Center 1993 HIGHLIGHTS Page 3 Recuclino Activitu (cont'd) (-~8%), lear mulch (-27%), cans (-3%), and brown glass (-3%) showed decreases. the decrease in lear mulch is because the Fuel Harvesters tub grinder was undergoing rrequent repair early in the year when the previous raIl's leaves are normally processed. 2. The landrill produced 1,2~9 tons or brush compost, an increase or almost ~50% rrom 1992 (228 tons). This was a result Or the increased productivity Or the new tub grinder which, since November, was able to process virtually 100% Or incoming brush and landclearing, as well as the entire stockpile Or brush that had built up when troubles with the old tub grinder began. 3. Arrangements were made with a hauler ror Marcal Paper Mills to stage a trailer at the collection center ror mixed paper recyclables, which are shipped to Marcal. Previously, large amounts Or paper had to be accumulated at the collection center berore the hauler would come to pick it up. This resulted in signiricant storage and handling dirriculties. Adoption Or the "garbage bag" program has resulted in enough tonnage Or mixed paper to Justiry keeping a trailer here. ~. The addition Or a 2nd garbage compactor and container enables the Town to move the large tonnage Or cardboard that has resulted rrom adoption or the "garbage bag" program. S.T.n.p ProQram 1. The Town collected and shipped 121 55-gallon drums or household hazardous wastes in 1993. This is down rrom 138 drums in 1992, a 12% drop, and down rrom 181 drums in 1981, or 33%. the drop in 1993 was largely due to the ability to recycle empty aerosols, some or which used to be removed through the program at $5~0 per drum. In 1882, the Town gained approval to bulk paints and thinners which resulted in the decrease in the number or drums rrom 1881. APPENDIX E - ~ I I I I I I I I I I I I I I I I . Southold Town Collection Center 1993 HI GHLI GHTS Page Y: S.T.D.P Procrram (Cont'd) 2. At a minimum of $190/drum, has saved at least $3,230 costs in 1993 vs. 1992. APPENDIX E - 5 . this means that the Town in shipping and disposal I I I I I I I I I I I I I I I I . . Southold Town Collection Center Material Summary by Month Southold Town Collection Center Material Summary (Year's Totals Only) December 1993 APPENDIX E - 6 12.>>-eJ Sovrnoc..o TOWN COUECnOH CENTER 1m ClUI..lA T1VE MATEFIAL SlAlUARY QnJi.MflW 1m AlaItIy AI~"" SIIIlm.., lh TONS] J1nIU{1IHOVEAlBER 3D ~. I I DECEMBER I no "CHANGE I TOlII %etltngt ""Chlnge'/om TOTAl.. fROM YTO .IAN FE. MAR Am, MAY JUNE JULY AUG SEPT OCT NOY . I To", FromNov Oec1en TONS LAST YEAI\ \1 l- Item I Ctl.rgl8ble I I Glrb801(antIOd.9'93): I -Cln"DtOS 173.25 211.12 I 19~.O1 .5.7" NlA ... .. NlA -Clrlo'bywelghl 21.u~ 289.38 I 242.53 .1I.2Tt NlA ,..... NlA -lIf.hOYle<l(e.D8gs, 32B.... 235.39 I 195.21 .17.1" NlA ,..... NlA BrU5h 1B8.82 16U1 HlU3 $8068 70a711 228.23 1n"8 214.53 152.15 138.62 278..11 I ..11.46 '7.7% .330% 35'5."- .17.''1 . cao '17.13 313.5 ""11 848.18 521100 560.02 '815' '('2.9 57UO 50'28 3959. I 25115 .388% -eO.5% I 15550'5 .17.0'1 ConCfel. .., 5.le 'SO 21.88 1332 20"22 2922 23983 12.Be JOe8 ".70 I 083 -981% -97.8% I elUe )9.1.. lln<lcltlllng 11898 3303 37(111 37(111 180'8 1011.'7 15'.711 6872 11090 90." '3.27 18.35 -576'4 -900% I 102388 -3(1'" Rutlt>lSh{mtxed) 1858' euo lIao 15315 284'9 25$55 191.11 21959 191.15 WI 07 'f1409 1'0,13 U8% -425% I 20'051 -22.0" ScupMtt.1 3UII 8U7 .025 30.75 32.17 58.51 39..2 56.B' 5'.B3 10Ul9 38.18 31.93 _1U'4 2..1% I 00801 .,~ n.. 211.30 20.00 20.00 20." 20.00 20.00 9.77 10.00 10.00 15.00 18.00 22.00 22.2% .e(l'lfo I 215.51 ..,.." TOTAl.: 9B'.32 710..2 801.48 1$00.83 1838.25 1432.00 1082.31 1312,to 1103,211 17"8.38 1888.5" 1512.80 -11.2'4 -1'.3% I 1$6t3.71 ...,~ I NcJo.ct1.rgQ8bll I I AgrlcullYf.1 138.32 IIBt 80B5 189.. '" 2.72 '.25 39.7B 7Ull 10417 1238. 5'57 -559% -51.5% I 713.17 12.8% G.rb.gt(bll'OfIlOc:tll) '1119." 01800 082.32 1238.51 1105'0 1339,15 145871 157811 1355.03 357.27 NlA NlA NlA NlA I 11430.00 .21.4" Gr," 1300 0.00 0.58 114.35 207.88 11U7 7U1 102.49 110.07 6B.78 555 0.51 -90.B'4 -329% I 751129 .18.0.. llllVulLluldl 233.22 5011 107.27 589.$8 313.12 91.1' "8.29 .7.82 37.91 10U6 87010 599.30 -106'4 -126'4 I 281111." ..~ SandlSod 140.8" 0.2.4 .2333 1883 3'8.77 21t.54 t3.3. 221.77 281.50 6o.ll2 427.80 291.19 -31.11'4 U7'4 I 250457 n.t" Shtlrnsh 1.32 0.41 0.11 0.00 14.72 IUO 8520 n01 73.62 65.50 5883 5H8 .8.5" 13545'4 I '52.00 '10.2" SIU(l~ 10.30 000 18099 12711 7U1 21.82 ea98 128.ll. 'HO 21.88 0.00 2.g8 ERR .797% I 731.79 13<1.1. WoodChlpl 18.01 5..8 11.15 10.85 8.17 14.71 19.18 111.18 23,77 1Ut ,eo 8.05 38.8% -12.0" I 113.50 .1U" Houuhold I Recydablu 1811."1 100.... 1111.70 182.'0 20395 111H3 23011 228.85 25585 265.2B 318." 331.80 '.1% 87.7% I 2787.14 27.1" WUII 00 (ION) '.18 HO U5 .... ... 1.19 8.115 7.17 1.89 5.94 t.42 4.67 -27.3% 18.2% I 70.02 13." I TOTAl' 1848.3.4 1253.N 191..00: 2245.111 22110.15 2071.87 20tB.18 2426.60 2288.96 1071.51 1818.58 1347.83 -18.6% .418" I 22"88.32 .1.." I GAANO TOTAl: 2B34.68 196U8 27'7.51 37.48.02 .412'.'0 .1503.87 3180.'9 37311.50 3372.25 282.1.87 328312 2880.43 -12.9'4 -30.8% I 3818210 ..... I WailtOIl I (g.lIon~1 1175 1205 1355 1880 1810 1880 1885 1985 '03' 1830 1188 1280 .28.3" 183" I 1'2<C41 1U.. . I ~TOldC5 (Jot' 55 I glltdrUlI'Il1 12 " 0 " " 0 .. 21 11 0 11 0 -100.0'4 ERR I 121 -11.2'4 I - -,~ - - - - - - IIIIIII-I _ - - - - II . . . \. SOUl-HOLD TOWN COLLECTION CENTER , r 1993 YEAR-END MATERIAL SUMMARY . I I . I 1993 I 1992 % CHANGE I TOTAL I TOTAL I TONS I TONS . I I Item I I Chargeable I I . I I Garbage (after Oct. 9 '93): I I - carter bags I 583.38 I NJA . - carter by weight I 746.83 I NJA - self-hauled (all bags) I 759.04 I N/A Brush I 3545.45 I 4295.71 -17.5% . C&D I 5550.45 I 6687.51 -17.0% Concrete I 619.75 I 445.61 39.1% Landclearing I 1023.88 I 1608.99 -36.4% ~ Rubbish (mixed) I 2040.58 I 2614.79 -22.0% Scrap Metal I 608.91 I 589.79 3.2% fires I 215.51 I 230.18 -6.4% . I I TOTAL: I 15693.78 I 16472.58 -4.7% I I . Non-chargeable I I I I Agricultural I 713.67 I 634.09 12.6% . Garbage (before Oct. 9) I 11430.90 I 14536.49 -21.4% Grass I 756.29 I 922.45 -18.0% LeaveslMulch I 2898.44 I 2713.32 6.8% . Sand/Sod I 2504.57 I 1279.10 95.8% Shellfish I 452.00 I 76.71 48.9.2% Sludge I 731.79 I 312.56 134.1% . Wood Chips I 163.50 I 204.10 -19.9% Household I I Recyclables I 2767.14 I 2100.16 27.6% - Waste Oil (tons) I . 70.02 I 61.48 13.9% - - I I TOTAL: I 22488.32 I 22840.46 -1.8% I I GRAND TOTAL: I 38182.10 I 39313.04 -3.0% I I Waste Oil I I - (gallons) I 19246.00 I 16844 14.3% f I Toxies (# of 55 I I gal drums) I 121 I 138 -18.2% I I , I III. _ _ _ _ _~ _ -------- ~ 1 Southold Town Solid Waste Stream 1993 Total Waste Stream: 38,182 tons AGRICULTURAL 714 MSW 15.560 (garbag~ rubbish) . . , ;, : CLEAN FILL 2,505 METAUTIRES 825 C&D/CONCRETE 6,170 (shellfish. sludge) OTHER 1.184 HH RECYCLABLES 2,837 . i ! . YARD WASTE 8.387 (brush, leaves. grass . landeleaTing) Source: Landfill Sea/ehouse Jan 20, 1994 .11....... " I I \ I \ I I I I I I I I -- I I I I - . ,. (l ( ( ( l ... . . ~ 48-1 GARBAGE, RUBBISH AND REFUSE ~ 48-1 Chapter 48 GARBAGE. RUBBISH AND REFUSE ~ 48-1. Definitions. ~ 48-2. Dumping prohibited generally. ~ 48-3. Town refuse disposal area. Ii 48-4. Fees; issuance and duration of permits and licenses. Ii 48-5. Conveyance and transportation of refuse. Ii 48-6. Penalties for offenses. Ii 48-7. Revocation of permit and/or license. ./ GENERAL REFERENCES Outdoor burning - See Ch. 36. Junkyards - See Ch. 54. Littering - See Ch.. 51. Scavenger wastes - See Ch. 75. Ii 48-1. Definitions. Words . and terms used in this chapter shall have the following meanings: PITTENDANT - Any employee of the Town of Southold placed in charge of a town refuse disposal area under the direction of the Town Board. CANS - Shall be a recyclable and shall mean rinsed- clean containers, with or without labels, comprised of aluminum, tin, steel or a combination thereof which contain or formerly contained only food andlor beverage substances. "Cans" shall not mean oil, paint, pesticide or aerosol cans. [Added 2-5-1991 by L.L. No. 1-1991] 4801 10-25-93 --. .~ -- ~ ,~ ~-~ ""'. &.. / I I I ~ 48-1 I I I I I I I I I I. I I I . SOUTHOLD CODE ~ 48-1 . ( CARDBOARD - Shall be a recyclable and shall mean clean, dry corrugated cardboard, flattened and stacked. [Added 11-26-1991 by L.L. No. 26-1991] COMMERCIAL SELF-HAULERS- Those businesses, trades or other commercial enterprises which transport the refuse and/or recyclables generated in the operation of their business, trade or commercial enterprise for ( deposit at the Town of Southold refuse disposal area. [Added 11-26-1991 by L.L. No. 27-1991] GLASS - Shall be a recyclable and shall mean all clear (flint), green and brown (amber) colored glass containers rinsed clean. "Glass" shall not mean wired glass, crystal, ceramics, plate, window, laminated or mirrored glass or light bulbs. [Added 2-5-1991 by L.L. No. 1-1991] ILLEGAL DUMPING- The deposit by any person of garbage, rubbish, refuse or waste in any public place within the Town of Southold, including its inland waters, other than in containers designated for that purpose. [Added 9-10-1993 by L.L. No. 20:1993] NEWSPAPER - Shall be a recyclable and shall include unsoiled newsprint and all newspaper advertisement. "Newspaper" shall not include phone books, junk mail, plastic bags, cardboard boxes, brown paper bags, magazines, catalogs or glossies. [Added 2-5-1991 by L.L. No. 1-1991] NONRECYCLABLE WASTE - The end product of solid waste remaining after the extraction of recyclable materials, hazardous waste, construction and demolition debris and landclearing debris. "Nonrecyclable waste" results primarily from the handling, preparation and storage of food and includes but is not limited to putrescible solid waste such as animal and vegetable waste. [Added 9-10-1993 by L.L. No. 20-1993] PERSON - An individual, an association, a partnership or a corporation. 4802 10-25-93 ~ ( ( l -,' RIll. ,..,' ~ ,'~ - - I<.IIE:I ........-.-.--... =<i' ...... I I I \ I I I I I I I I I I I I :( <. . = {.' . . r ; .... S 48-1 GARBAGE, RUBBISH AND REFUSE S 48-1 :( PLASTICS - Shall be a recyclable and shall mean all food, beverage or household containers such as soda, detergent: bleach, milk, juice, shampoo or Cooking oil bottles, rinsed clean. "Plastics' shall not mean caps, appliances, plastic with metal parts, six-pack rings, biodegradable bags, fiberglass, waxed cardboard containers, vinyl or styrofoam. [Added 2-5-1991 by L.L. No. 1-1991] RECYCLABLE - Any can, glass or plastic container Or newspaper as defined in this section. [Added 2-5-1991 by L.L. No. 1-1991] RECYCLABLE WOOD [Added 2-5-1991 by L.L. No. 1-1991]: A Clean, untreated, finished lumber products or remnants containing no nails or other metals; or B. Logs not greater than four (4) feet in length and six (6) inches in diameter. REFUSE - Shall have the same meaning as "nonreCYclable waste.' "Refuse" shall not include cans, glass, plastics or newspaper, as further defined herein. [Amended 10-9-1984 by L.L. No. 9-1984; 2-5-1991 by . L.L. No. 1-1991; 9-10-1993 by L.L. No. 20-1993] REFUSE DISPOSAL AREA - The sanitary landfill site owned and operated by the Town of Southold located north of County Route 48 at Cutchogue, New York, and any premises designated by the Town Board as a "refuse disposal area" of the town for the disposal of refuse by the residents of the town. [Amended 10-9-1984 by L.L. No. 9-1984] . RESIDENTIAL SELF-HAULERS _ Those residents who transport their refuse and/or recyclables for deposit at the Town of Southold refuse disposal area. [Added 11-26-1991 by L.L. No. 27-1991] TOWN GARBAGE BAG - A plastic bag bearing the logo of the Seal of the Town of Southold, of such size and -- '~' ~ ./ ~----- 4803 3-25-94 '5" --- -.- -- I I I ~ 48-1 I I I . SOUTHOLD CODE ~ 48-2 design as shall be detennined by the Town Board, to be used for the disposal of nonrecyclable waste. [Added 9-10-1993 by L.L. No. 20-1993; amended 2-8-1994 by L.L. No. 1-1994] ~ 48-2. Dumping prohibited generally. [Amended 7-31-1973] I I I I I I I I I I A No person shall collect, store, accumulate, throw, cast, deposit or dispose of or cause or permit to be collected, stored, accumulated, thrown, cast, deposited or disposed of any refuse and/or recyclable upon any premises or upon any street, highway, sidewalk or public place within the Town of Southold, except when authorized by the Town Board. [Amended 3-24-1992 by L.L. No. 9-1992] B. Nothing contained herein shall be construed so as to prevent: (1) The temporary accumulation of refuse by a resident of the town upon premises occupied by him, to the extent that such accumulation is ordinary and necessary for his personal household requirements. (2) The disposal of refuse at any refuse disposal area maintained or authorized by the Town of Southold. (3) The proper use of receptacles placed upon the streets or other public places in the Town of Southold for the depositing of refuse; provided, however, that such public receptacles shall not be used for the deposit of accumulated household garbage. (4) The engaging in secondhand junk and auto parts activities and businesses when a license therefor has been obtained pursuant to the provisions of the Southold town ordinance licensing and regulating 4804 3-25-9. ~~ . ( C' C" ( l " .. , ~ /' ~ , <:2. ~ Ja..J ='" &::"~ 1 . . 1 1 i r - s 48-2 GARBAGE, RUBBISH AND REFUSE S 48-2 1 secondhand junk and auto parts activities and businesses. 1 (Cont'd on page 4805) 1 1 T .~ 1 ~ 1 1 T 1 1.. 1 -- 1 I. <- ~ I~I 1 1 1 Editor's Note: See Ch. 54, Junkyards. ~~~ 1 4804.1 3_25_94 (.. :#. &.:: -... --- I I I I I I I I I I I I I I I I ... \ <. ~ . . ;7 -L ~ 48-2 GARBAGE, RUBBISH AND REFUSE * 48-3 { C. Nonrecyclable waste and town garbage bags. [Added 9-10-1993 by L.L. No. 20-1993J (1) Nonrecyclable waste shall be deposited only at designated areas within the town disposal area. (2) Town garbage bags shall be available at designated areas in the town. (3) The size and design of the town garbage bag shall be determined by resolution of the Town Board. (4) The fee for each size of the town garbage bag shall be determined by resolution of the Town Board. (5) No person shall: (a) Duplicate or imitate a town garbage bag. (b) Give, sell or issue in any manner a duplicated or imitated town garbage bag. -r ~ ~ 48-3. Town refuse disposal area. A. [Amended 2-5-1991 by L.L. No. 1-1991J No person shall deposit or cause to be deposited in or on any refuse disposal area maintained by the Town of Southold any substance of any kind except in the areas designated by and under the direction of the attendant in charge, whether such direction is given personally or by another person by his authority or by a sign or signs erected in the refl,lse disposal area by the authority of the Town Board or such attendant. (1) Residential self-haulers and commercial self- haulers. [Amended 11-26-1991 by L.L. No. 26-1991; 11-26.1991 by L.L. No. 27-1991J (a) No cans, as defined herein, shall be deposited at any Town of Southold disposal area unless such cans are separated from any and all solid waste, trash, rubbish, vegetative yard waste, cardboard, glass, metal or paper. Such cans are 4805 10-25-93 -- .. .~ , -~ ",' ~ lCK .... rlIIJ( ~ ~~ I I I \ * 48-3 I I I I I I I I --- I I I I I -- . SOUTHOLD CODE ~ 48-3 . ( to be deposited only at designated areas within such town disposal area_ (b) No cardboard, as defined herein, shall be deposited at any Town of Southold disposal area unless such cardboard is separate from any and all solid waste, trash, rubbish, vegetative yard waste, cans, glass, plastic, metal or paper. Such ( cardboard is to be deposited only at designated areas within such town disposal areas. (c) No glass, as defined herein, shall be deposited at any Town of Southold disposal area unless such glass is separated from any and all solid waste, trash, rubbish, vegetative yard waste, cans, cardboard, metal or paper. Such glass is to be deposited only at designated areas within such town disposal area and in the area designated for the particular color of glass (i.e., clear, amber or green). (d) No plastic, as defined herein, shall be deposited at any Town of Southold disposal area unless such plastic is separated from any and all solid waste, trash, rubbish, vegetative yard waste, cans, cardboard, glass or paper. Such plastic is to be deposited only at designated areas within such town disposal area or transfer station. (e) No newspaper, as defined herein, shall be deposited at any Town of Southold disposal area unless such newspaper is separated from any and all solid waste, trash, rubbish, vegetative 4806 10-25_93 .. ( ( " l _.- ,./ ~ ~ --~ ~ '~I ~---...I' '# -.: I I \ I \ I I I I I I I I --- I I I I I I .- ,. ....\. (. r .~ { (. 1aiIr", *48-3 . . GARBAGE, RUBBISH AND REFUSE * 48-3 yard waste, cans, cardboard, glass or plastic. Such newspaper is to be deposited only at designated areas within such town disposal area. (I) N onrecyclable waste. [Added 9-10-1993 by L.L. No. 20-1993] [IJ Residential self-haulers. Nonrecyclable waste generated by residential self-haulers shall be disposed of only in a town garbage bag as defined herein and deposited only at designated areas within the town disposal area. ~ [2J Commercial self-haulers. Nonrecyclable waste generated by commercial self- haulers may be either: [aJ Disposed of in a town garbage bag and deposited at designated areas within the town disposal area; or [bJ Disposed of at the designated areas within the town disposal area upon paying the appropriate charge as set by Town Board resolution for the weight of nonrecyclable waste deposited. (2) Private residential refuse haulers/carters. la) The owners or occupants of all residences within the town which utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of this chapter shall place recYclables in separate rigid containers at curbside for collection on such day'or days as the licensee serving such residence shall designate. ~. ~ 1<-= ..............JLJ 4806.1 10-25-93 "'Ii. ..... _.~ ~ I I I I I I I I I I I "~"-.;'~?~ ...t-,t'",.., "~~~~!:~:": ~:,..~' ." ".'. J., ~,,::_ . -'~-'~ -~~- -,::;-~". :~: C.'~~ ~.....__ ." ,.,....,..: r~~.':'" . .~... .' ~ 48-3 . SOUTHOLD CODE ~ 48-3 (b) It shall be unlawful for any person to place out for collection any container in which refuse is mixed with recyclables. (c) It shall be unlawful for any person to collect refuse from a residence which is mixed with recyclables or thereafter to commingle different types of recyclables or to mix recyclables with refuse. (d) Recyclables collected by private residential refuse haulers/carters and transported to the landfilllcollection center shall be deposited in areas designated by appropriate landfill personnel. (e) Nonrecyclable waste. [Added 9-10-1993 by L.L. No. 20-1993] [1] The owners or occupants of all residences within the town which utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of this chapter shall place nonrecyclable waste in town garbage bags for collection on such day or days as the licensee serving such residents shall designate. [2] It shall be unlawful for any person to place out for collection any nonrecyclable waste which is not in a town garbage bag. It shall be unlawful for any person to collect nonrecyclable waste from a residence which is not in a town garbage bag. [3] Nonrecyclable waste in town garbage bags collected by private residential refuse haulers/carters and transported to the landfiillcollection center shall be deposited only in areas designated by appropriate landfill personnel. ~ 4806.2 10-25_93 . (\ ~) ~ (. " '. -- ,/ Ie: .~ . '-- --~ ..... e..;::::,..;., ._ I I I , \ r - I I I ( I I I I -r , ..~ I I I I { . - {.. -. . . 948-3 GARBAGE, RUBBISH AND REFUSE 948-3 (3) Private commercial refuse haulers/carters_ [Added 11-26-1991 by L.L. No. 27-1991] (a) The owners or occupants of all commercial es- tablishments within the town which utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of this chapter shall place recyclables in separate rigid containers at curbside for collection on such day or days as the licensee serving such business shall designate. (b) It shall be unlawful for any commercial estab- lishment to place out for collection any container in which refuse is mixed with recyclables. (c) It shall be unlawful for any commercial estab- lishment to place out for collection. any container in which one type of recyclable is mixed with any other type or types of recyclables. (d) It shall be unlawful for any private commercial refuse hauler/carter to collect refuse from any commercial establishment which is mixed with recyclables or thereafter to commingle different types of recyclables or to mix recyclables with refuse. (e) . Recyclables collected by private commercial refuse haulers/carters and transported to the landfill/collection center shall be deposited in areas designated by appropriate landfill personnel. B. No garbage, refuse, rubbish or other material that does not have its origin within the Town of Southold shall be deposited or disposed of in the town refuse disposal area. [Added 7-31-1973] .- - ,~ ........... ------ 4806.3 12-25_93 - ~...&._-_. - I . I I ~ 48-3 SOUTHOLD CODE ~ 48-4 I C. No garbage, rubbish, refuse or other material that does not have its qrigin within the Town of Southold shall be conveyed or transported over any street within the town for delivery to the town refuse disposal area. [Added 5-3-1988 by L.L. No. 11-1988'] D. No vehicle shall be permitted to transport refuse into any refuse disposal area maintained by the Town of Southold unless such vehicle displays a valid permit and/or license issued pursuant to the provisions of this chapter, except that vehicles owned and operated by any of the following entitled shall be permitted to transport refuse into any refuse disposal area maintained by the Town of Southold, provided that at least one (1) valid permit and/or license has been issued to the particular entity: the State of New York, the County of Suffolk, the Village of Greenport and fire districts, school districts and park districts located within the Town of Southold. [Added 7-24.1979 by L.L. No. 1-1979; amended 10-9.1984 by L.L. No. 9-1984; 12.7.1993 by L.L. No. 25-1993] E. The attendant at the town refuse area is authorized to prohibit the disposal of discarded motor vehicles and/or discarded fuel tanks having a capacity in excess of five hundred fifty (550) gallons at the refuse disposal area. [Added 7.15.1986 by L.L. No. 7-1986; amended 9-23-1986 by L.L. No. 12-1986] I I I I I I I - ~ 48-4. Fees; issuance and duration of permits and licenses. [Added 10-9-1984 by L.L. No. 9-19842] A. The fees for the issuance of permits and/or licenses for vehicles transporting refuse into any refuse disposal area maintained by the Town. of Southold shall be as follows: I Edito.... Note: This local law also renumbered (OnDer' Subsections C and D alii D and E. respectively. 2 Edito.... Note: This loca1law also renumbered (onnell' It 48-4 and 48-S as If 48-5 and ,,&-G. respectively. 4806.4 12-25 -93 ~ -- . <l c a; &- '-l IC. .~ . '-- --- .... ~~ ..... I I I I I I I I I I I E--..~."..:;;;:.,.:.. \~~~~.:~~~;~ """"'::'~':~:''''';-;'',~ -"~":_'i'''~' ": _,_..r, "-"">_h . ...-"........->" ._'~::}:::.;:-.;. . .."~.;_:;~>(',,:..-.. - . ~ L ~ .z- .}. &. ~ -- . . 948.4 GARBAGE, RUBBISH AND REFUSE 948.4 (1) [Amended 10.23-1990 by L.L. No. 23-1990] Resident landfill permit: for noncommercial vehicles of less than one-ton capacity owned by a resident and/or taxpayer of the Town of Southold and transporting only household refuse, provided that such vehicle displays a valid resident landfill permit issued in accordance with the following: (Cont'd on page 4807) - --- I <xl ~ ......... 4806.4.1 12-25 -93 - ___L' --. I I \ I \ I I I I I I I I -- I I I . . . r' t ~ 48-4 GARBAGE. RUBBISH AND REFUSE ~ 48-4 . (a) A resident landfill permit shall be issued by the Town Clerk or a person designated by her to all persons who are qualified residents of the Town of Southold. Persons applying for a resident landfill permit shall be requested to sign an application in affidavit form and submit for inspection the follow- ( ing as proof of residence: [1] A valid tax receipt stub for the current year for any taxable real property within the Town of Southold assessed in the name of the applicant [2] A valid motor vehicle registration in the name -~ ----- of the applicant and to an address located within the Town of Southold or to an address corresponding to the address of a validated tax receipt stub for the current tax year for any taxable real property within the Town of Southold affixed to the application. r [3] Such other proof of residence as is satisfactory ~ to the Town Clerk. (b) The Town Clerk or a person designated by the Town Clerk shall inspect such application to determine that the applicant is a qualified resident of the town. Upon approval of the application, a resident landfill permit shall be issued and inscribed with the vehicle license registration number. Such permit shall not be transferred to any other vehicle. (c) Resident landfill permit for motor vehicles shall be permanently aff"1xed to the left side of the front bumper of such vehicle. -- I~' <- (d) The fw for the issuance of a resident landfill permit shall be such fee as shall be prescribed by a resolution of the Southold Town Board. - (2) [Added 2-26-1991 by LL No. 3-1991] Lessee landfill permit: for noncommercial vehicles of less than one-ton capaci ty owned by a lessee in the Town of Southold and ~-~ <... 4807 5 - 25.91 ~ &::- ~ ~. -' IIIL I I I I I I I I I I I ---- I I--:r": t I I I . . * 48-4 SOUTHOLD CODE * 48-4 (6) Commercial and household garbage, and rubbish, including but not limited to furniture, fixtures, television antennas, carpets, awnmgs, boats and other like objects. C. Effective January 1, 1993, in addition to the fees established in * 48-4A and B, there shall be a fee of ten dollars ($10.) per item on appliances, including but not limited to white goods, refrigerators, washers, dryers, stoves, dishwashers, ovens and the like. [Added 11-29-1988 by L.L. No. 29-1988; 12-8-1992 by L.L. No. 31-1992] D. Issuance and duration of permits and/or licenses. All permits and/or licenses provided for in this chapter shall be issued by the Town Clerk. All annual permits (including those previously issued) shall expire one (1) year from the date of the issuance thereof. E. Refund of fees. In the event that the Town Clerk has heretofore issued permits for vehicles transporting refuse into the town (Cont'd on page 4811) 4810.2 10-25-93 -... ........ ( ( - ..-- ( -- '~. ( '-- _-..JI L -"" ...... . I I I I I I I I I I I I I I I I I . . ~ 48-4 SOUTHOLD CODE ~ 48-4 transporting only household refuse, provided that such vehicle displays a valid lessee landfilI permit issued in accordance with the folIowing: (a) A lessee landfilI permit shalI be issued by the Town Clerk or a person designated by her to alI persons who lease or rent property within the Town of Southold but do not qualify as residents as defined in ~ 48-4A(1) hereof. Persons applying for a lessee landfill permit shalI present an application in affidavit form, signed by the lessee and the owner of the property, setting forth: [1] The location of the leased or rented property. [2] The persons occupying the same. [3] The term of such tenancy. (b) Upon a determination by the Town Clerk or person designated by her that the applicant is entitled to a lessee landfill permit and upon the payment of the permit fee, such permit shalI be issued and inscribed with the vehicle license registration number and shalI be affixed to the vehicle in the same manner as provided in ~ 48-4A(1Xc) hereof. (c) The fee for the issuance of a lessee landfill permit shalI be twenty-five dolIars ($25.). (3) [Added 3-26-1991 by L.L. No. 9-1991] Guest landfilI permit for noncommercial vehicles of less than one-ton capacity owned by a guest of a resident in the Town of Southold and transporting only household refuse, provided that such vehicle displays a valid guest landfill permit issued in accordance with the folIowing: (a) A guest landfill permit shalI be issued by the Town Clerk or a person designated by her to alI persons who are qualified residents of the Town of Southold. as defined in ~ 48-4A(1) hereof, for use by guests temporarily residing in the dwelling of such resi- dent. A resident applying for a guest landfill permit shalI present an application in affidavit form, signed by the applicant, setting forth: 4808 5 - 25 - 91 -- II!L. ( ( ( -- ,~ ( '-- _-..1 <... ,... .... I I I I I I I I I I I -- -- I I I . . ~ ~ 48-4 GARBAGE, RUBBISH AND REFUSE * 48-4 r -~ [IJ The location of the property to be occupied by the guests. [2J The names and permanent addresses of the guests. [3J The length of time of the guest occupancy. (b) Upon a determination by the Town Clerk or person designated by her that the applicant is entitled to a guest landfill permit and upon the payment of the permit fee, such permit shall be issued and inscribed with the vehicle license registration number and shall be affixed to the vehicle in the same manner as provided in * 48-4A(l)(c) hereof. (c) The fee for the issuance of a guest landfill permit shall be twenty-five dollars ($25.). (4) Per-load fee of two dollars ($2.) for each noncommercial vehicle of less than one-ton capacity which possesses no permit. [Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No_ 3-1991; 3-26-1991 by L.L. No. 9-1991] (5) Per-load fee of thirty dollars ($30.) for each single- axle truck which does not possess a permi t. [Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L. No. 31-1992] (6) Annual fee of sixty dollars ($60.) for each commercial vehicle transporting liquid septic waste. together with an additional fee of three cents ($0.031 for each gallon of liquid waste discharged. [Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L. No. 31-1992] . (7) Annual fee of sixty dollars ($60.) for each commercial contractor's vehicle of less than one-ton maximum gross vehicle weight. [Amended -~ ----- r 1. (. -- '~ . . ~ --.... (l 4809 10-25-93 ~ ----- ~ -.... -- ......... I I I I I I I I I I I I I I I I , \, . . S 48-4 SOUTHOLD CODE S 48-4 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L. No. 31-1992] (8) Annual fee of sixty dollars ($60.) for each farm vehicle of one-ton or more capacity transporting agricultural waste. [Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L. No. 31-1992] (9) Per-load fee of sixty dollars ($60.) for each double- axle truck which does not possess a permit. [Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L. No. 31-1992] (10) Annual fee of two hundred twenty dollars ($220.> for each single-axle vehicle transporting solid waste (garbage). [Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L. No. 31-1992] (Il) Annual fee of two hundred twenty dollars ($220.) for each commercial contractor's vehicle of more than one-ton capacity. [Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L. No. 31-1992] (12) Annual fee of six hundred dollars ($600.) for each double-axle and/or compactor-type vehicle transporting solid waste (garbage). [Amended " 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L_ No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L. No. 31.1992] 4810 10-25_93 ~~ -" .. ( ( ( ( l , ......:;:or .- ../ -- "c:.: ____-iiLl ~ ~~ I I I I I I I I I I I -~ . ~ -"~' -'$-~. :.>i<--' ...~>Ir.... ...,).. ... - -,. "" "' y . . ! -L-__ . . ~ 48-4 GARBAGE, RUBBISH AND REFUSE ~ 48-4 (13) Annual fee of six hundred dollars ($600.) for each commercial contractor's double-axle and/or tractor- trailer combination of more than one-ton capacity. [Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L. No. 31-1992] B. [Added 11-29-1988 by L.L. No. 29-19884; amended 6-20-1989 by L.L. No. 11-1989; 3-13.1990 by L.L. No. 2-1990; 2-5-1991 by L.L. No. 1-1991; 11-24-1992 by L.L. No. 29-1992; 10-5-1993 by L.L. No. 23-1993] Effective October 9, 1993, in addition to the fees established in ~ 48-4A of this chapter, there shall be a fee of three and five-tenths cents ($0.035) per pound on loads containing the following: (1) Heavy brush, landscaping and yard wastes, including but not limited to stumps, branches, shrubs, plants, trees, bushes and the like, but not including leaves and grass clippings. (2) Construction debris, including but not limited to scrap and waste material discarded as refuse resulting from construction. (3) Wood, including but not limited to timber, logs, boards and the like, unless such wood is designated by the landfill attendant as recyclable wood. (4) Demolition debris, including but not limited to waste and rubble resulting from remodeling, demolition and extensive repair of structures, waste cement, concrete, masonry work, bricks, tile, sheetrock, plaster, wood, shingles and the like. (5) Rubbish, including but not limited to furniture, fixtures, television antennas, carpets, awnings, boats and other like objects that are not considered normal everyday household waste. 4 Editor's.Note: This local law also redesignated Cormer Subsections B, C and D as Subsections D. E and F. respectively. 4810.1 IO-2S-93 -... -- ~-- , 'll.- .... .... ~.Io.__'" I I I \ I I I I I I I I --- I I . iiii . . ,~ - ~ 48-4 ~ 48-6 GARBAGE, RUBBISH AND REFUSE ( landfill site at Cutehogue, and the fees paid therefor exceed the fees provided for herein, the Town Clerk is hereby authorized to refund such excess fees to the holders of such permits and/or licenses. F. Amendment of fees. Notwithstanding any of the provisions hereof, the Town Board may, by resolution. change, modify or repeal any of the fees set forth in ~ 48-4 hereof. ~ 48-5. Conveyance and transportation of refuse. [Amended 3- 24-1992 by L.L. No. 9-1992] No person shall conveyor transport refuse and/or recyclables through the streets or public places of the Town of Southold in any cart, wagon or vehicle or by any other means unless adequate care is taken to prevent the spilling of refuse and/or recyclables in such public places and streets. ---- 7~ r ~ fi 48-6. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973; 2-7-1989 by L.L. No. 2-1989; 2-5-1991 by L.L. No. 1-1991] A. Illegal dumping. Any person committing an offense of illegal dumping under this chapter shall, upon conviction thereof, be guilty of a violation punishable as follows: (1) For a first offense: (a) A fine of not less than one thousand dollars ($1,000.) and not more than one thousand five hundred dollars ($1,500.); (b) Imprisonment for a term not exceeding ten (10) days; or (c) Community service of forty (40) hours to be per- , formed within thirty (30) days of the date of sentencing. (2) For a second offense: ..:- '<K ( _____ _a.J. 4811 6-25-92 <- ~ --- -- ~ I I I I I I I I I I I -- I I I I I . . \ \ ~ 48-6 SOUTHOLD CODE ~ 48-7 (a) A fine of not less than two thousand five hundred dollars ($2,500.) and not more than five thousand dollars ($5,000.); (b) Imprisonment for a term not exceeding thirty (30) days; or (c) Community service of one hundred twenty (120) hours to be performed within ninety (90) days of the date of sentencing. B. Recycling offenses and other offenses. Any person committing a recycling offense or any other offense against this chapter other than an offense of illegal dumping shall be subject to a civil penalty enforceable and collectible by the town in the amount of one hundred dollars ($100.) for each offense. Any person committing a second and/or subsequent offense within twelve (12) months of the date of the first offense shall be subject to a civil penalty enforceable and collectible by the town in the amount of two hundred dollars ($200.). Such penalty shall be collectible by and in the name of the town for each day that such offense shall continue. C. In addition to the above.provided penalties, the Town Board may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. ~ 48-7. Revocation of permit and/or license. [Added 5-3-88 by I..I.. No. 12-1988] A. Permits and/or licenses issued under the provisions of this chapter may be revoked by the Town Board of the Town of Southold after notice and hearing for violation of the provisions of this chapter. B. Notice of the hearing for revocation of a permit and/or license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid. to the permittee and/ 4812 6-25-92 III -- ~ ( () "~ ~ C"" ~" (1 -- '~. ~_.IiiIOO.I L ~ &.:. I I I I I I I I I I 1.2..,..... .-. - ., ~ "," ,. . ~:t"..;. ~~~...-". ~~~~.. I~.--:,':,..c: ~~i_t~~:_ ;. - -~ _l.~~,:l1:~~;;~<""" I~tf:? . .-'r;:'~.~;-r- ';~~:.!k'-...'-- . . " -" ~ 48-7 GARBAGE. RUBBISH AND REFUSE ~ 48-7 -, "I or licensee at his last known address at least five (5) days prior to the date set for the hearing. Said hearing shall be conducted in a m.anner wherein the accused permittee andlor licensee is afforded full due process of the law. C. At the conclusion of said hearing and as a result of the evidence adduced therein. the Town Board may, in its discretion, revoke the said permit and/or license or, in lieu thereof. suspend the subject permit andlor license for a specified period of time, censure the permittee and/or licensee or impose a fine, not to exceed two thousand dollars ($2.000.). ) :. ~ 4813 I. l" . 91 -- -- ~~ '- ..... ... ...:: ..1.. ... . . JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New Yark 11971 Fax (516) 765-1823 Telephone (516) 765-1801 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER 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 APRIL 5, 19911: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for Solid Waste Hauling and Disposal Services, to begin on July 10, 1994, all in accordance with the bid specifications. ~~* Southold Town Clerk April 6, 19911 . . COUNCILMEN ,'L:J~ ,f. 'It"'il/.' '? ,)-;~-.O~-~U r .{/")-~~ y<-s.;~. OO,,~ ,'-~".... .-..., \. ~~ ."".".-..' ......"....:-........'. ~~ -;.:::'::1:' ., -, ;...:. '.,.;;::l ,', ",' .. <, l .'iJ,.::: \ ',;i.'.' ==e'~ ,~"" i',} ~ I'.:? 'f",..',"'-' ~ ~ ' "~ '-.,,-, .... ; '""~"'-"'W"'l- , -., . >~V '\,~ "1 '-<f. ";-.\> ,,>.. J ~ -<~- " Town Hall. 53095 Maln Road p, O. Box 1179 Southold. New York 11971 Telephone (516) 765 .. 1891 Fax (516) 765 .. 1823 SUPERVISOR Thomas H. Wickham Joseph J. Llzewski Allee J. H ussle Joseph L. Townsend. Jr. Ruth D. Oliva Justice Louisa P. Evans TOWN BOARD TOWN OF SOUTHOLD To: Supervisor and Town Board From: Alice Hussie Date: Narch 28,1994 Re: Time frame for approval of Bids for solid waste and C&D hauling and disposal The Sol id Waste Task Force Technical Sub-Committee proposes the following dates and actions for your information: April 13- SWTF completes bid specifications 14-18 - Review by Town Attorney and Town engineer 19 - Town Board meeting and discussion May 2 - Legal notices to newspapers 5 - " " published 12 - Pre-bid conferences 26 - Bid opening June 14 - Acceptance of Bid(s) July 10 - Contract in effect . . ~1J ~vj~ : . StUfF ~~ <i~ I: JW14~~.. 0J1 ~ 01 ~f~ fl~;r: 3- 1 'I ~ 'fo.t .~ 13 -jU/1F ,~~ /4/ It ~ 11 1^1/v1 ~ v rrM/lf ~ 1'1- 7/3 ~ Il1d ~ ~ J.rr! 7 ~df~ / ~ It. - ~.j...d. - IMM ~ t a11W..J'. 2'- iLcL ~~ . _ 9).W..fl / t/ - f~ ~ Of a cceft./,;UL~ i ~ ~ (. (~. . J~ 10 - Stut kk , )J. JI/tSS/E ~