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HomeMy WebLinkAboutHauling and Disposal of Solid Waste Services JUDITH T. TERRY >= L Town Hall, 53095 Main ftad TOWN CLERK P.O. Box.l M!,' Southold, New Yo�k'fr97J1 MA REGISTRAR OF VITAL STATISTICS BYO :'?!� �. • Fax (516) 765-1823 MARRIAGE OFFICER .j'iy .�� Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER •O,( FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 16, 1994 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 14, 1994, 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 a Southold Town Clerk Enclosures cc: Town Attorney ^ FOIk Z�- JUDITH T. TERRY Town Hall, 53095 Main Road P.O. Box 1179 TOWN CLERK Southold, New York 11971 REGISTRAR OF VITAL STATISTICS %YO Fax (516) 765-1823 MARRIAGE OFFICER .f]OI ��" Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER ''77 �l FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CI.,ERK 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 14, 1994: 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, 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; 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. Southold Town Clerk June 15, 1994 TULLY CONSTRUCTION CO. INC. GENERAL CONTRACTORS PHONE 446-7000 127-50 NORTHERN BOIJEE 'AKU AREA Conn 718 F,,USHING, New YORK 11368 June 25, 1994 OK' Town of Southold Office of the Town Clerk Town Hall, 53095 Main Road €it - IVEQ P.O. Box 1179 in I , "I Southold, New York 11971 6 -z;-t 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. Pe r K. Tully ecut:ive Vice President cc: Gerard M. Simons Kenneth W. Tully #tate of New York j County of Albany S ss On June 21St, 1994 before me, a Notary Public in and for said County and State, residin- therein, duly commissioned and sworn, personally appeared T. M. Tyrrell known to me to be Attorney-in-Fact of NATIONAL UNION FIRE INSURANCE: COMPANY OF PITTSBURGH, PA the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who execute the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the some. IN WrrNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year statedinthis certificate above. My Commission Expire 9-30-94 Notary Publico Albany County 360212--S-66 INFORMATION SCHEDULE L PERFORMANCE BOND _ KNOW ALL MEN BY THESE cal-led PRESENTS, thhat andLY CONSTRUCT.RELIANCEIIINSUON IIRANCENC.COMPANY & NATIONAL UNIOIRINPITTSSthe 6RG1H PA-OF ) the "Sureties are held and firmly bound to the Town of Southold (hereinafter called the "Owner") in the full. and gust sum of One Million and No/100---------------- dollars (5-1,()00,000.00-) good and lawful money of the United States of America, For the payment of which sum of money , well ,and truly to be made and done, the Principal binds himself, his heirs, executors , administrators and assigns and the Surety binds itself, its successors and assigns, Jointly and severally, Firmly by these presents . WHEREAS, the Principal has entered into a certain written Agreement bearing date on the 14th day of June 1951, with the Owner For the Town of Southold Solid Waste Haul-Disposal Services, a copy of which Agreement is annexed to and hereby made part: of this bond as though herein set Forth in full . NOW, THEREFORE, the conditions of this obligation are such that IF the Principal , his or its representatives or assigns, shall well and faithfully comply with and perform all the terms, covenants and conditions of said Agreement or, his (their, its) part to be kept and performed and all modifications, amendments, additions and alterations thereto that may hereafter be made, according to the true intent and meaning of said Agreement, and shall fully indemnify and save harmless the Owner Ecom all cost and damage which it may suffer by reason of failure so to do, and shall fully reimburse and repay the Owner for all outlay and expense which the Owner may incur in making good any such default, and shall protect the said Owner against, and pay any and all amounts, damages, costs and Judgments which may or shall be recovered against said Owner or its officers or agents or which the said Owner may be called upon to pay to any person or corporation by reason of any damages arising or growing out of the doing of said work, or the repair of maintenance thereof , or the manner of doing the same, or the neglect of the said Principal , or X1X&U4W1VVUtvits) agents or servants or the improper erpformance of the said work by the said Principal , or XPUM lC� 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 torte and effect; Performance Bond Schedule S .O .L. BIO (PROPOSAL) FORM Page 1 of 2 PROVI!0ED 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) �dlendar days after written notice thereof From the Owner and to complete such work within ten C10) 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 thereunderi 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 XKW Xr-IM(iW 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 21st day of June 199`f . TULLY CONST_RUCTI_ON CO. , INC. Princ' CIF Corporation add ,- Seal and Attestation) By : e �e'j Tully, S c� rete A3I Witns ,L7! RELIANCE NS CE COMPANY_ Surety Add Corporate Seal 6y : Tyrre 1, Attorney-in-Fact ACX Witness• Address of Surety 4 Penn Center Plaza, Philadelphia, PA NATIONAL UNION FIRE INSURANCE COMPANY OF Surety / PITTSBURGH, PA Add Corporate Seal By: T. M. Tyrr At orney-in-Fact ASS Witness: Address of Surety 70 Pine Street, New York, NY Performance Bond Schedule S.O .L BIO (PROPOSAL) FORM Page 2 of 2 ' RELIANCE INSURANCE CCJMPANY PHILADELPHIA,PENNSYLVANIA PRINCIPAL'S ACKNOWLEDGEMENT—IF INDIVIDUAL OR FIRM Stale of New York County of as: On this day of .19 ,before me Personally came to me known to be(the individual)(one of the firm of ) described in and who executed the within instrument and he thereupon duly acknowledged to me that he executed the same(as the act and deed of said firm). Notary Public PRINCIPAL'S ACKNOWLEDGEMENT—IF A CORPORATION State of New York,County of Albany as: On this 21st day of June .19 94 ,before me personally came Peter Tully to me known,who,being by me duly sworn,deposes and says:That he resides in Flushing, New York , that he is Secretary of TULLY CONSTRUC�IgN CO., INC the corporation described in and which executed the within instrument; that he knows the sea o the san8 corpo}ation; that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of the said corporation,and that he signed his name to the said instrument by like order. Albany County Comm. Exp.9-30-94 SURETY COMPANY'S ACKNOWLEDGEMENT PutVi State of New York.County of Albany ss: On this 21st day of June t9 94 before me personally came T. M- Tyrrell Alban New York tome known,who,being by me duly sworn,did depose and say:That he resides in y ; that he is Attorney-in-Fact of the RELIANCE INSURANCE COMPANY. the corporation described in and which executed the foregoing instrument that he knows the corporate seal of said company, that the seal affixed to said instrument is such corporate seal of said company;that it was so affixed by the authority granted to him in accordance with the by-laws of said corporation; that he signed his name thersb by like authority;that the Superintendent of Insurance of the State of New York has,pursuant to Chapter 882 of the Laws of the State of New York for the year 1939 constituting Chapter 28 of the Consolidated Laws of this State of New York known as the Insurance Law,issued to the RELIANCE INSURANCE COMPANY-his certificate that said company is qualified to become surety or guarantor on all bonds, undertakings, recognizanctm guarantees and other obligations required or permitted by law; and that such certificate has not been revoked Albany County Comm. Exp.9-30-94 Notary Pic Financial Statement December 31,1993 ASSETS LIABILITIES Cash and Bank Deposits .................... $ (3.181,362) Losses and Loss Adjustnhent Expense ......... S 2.519,849,366 Securities ................................. 3.139.765232 Unearned Premiums ........................ 703.528575 Premium Balances(under 90 Days) ........... 9,541012 Other Taxes ............................... 6,527,322 Accrued Interest and Dividends ............... 34,229,633 Other Liabilities ............................ 462213282 Federal Inane Taxes ...................... 16.180,388 Total Liabilities ........................... S 3.692.118.545 Other Assets .............................. 1.402.866.039 Total Admkied Assets ..................... S 4.599.400.940 CAFnITAL AND SURPLUS CaptatPaid Up ............................ $ 664255.197 Surplus .................................. 243.027.198 state d Washington ) Total Po icylholders'Surplus ................ 907282.395 Cantly W�q ) SS Total Liabilities,Capital and Surplus ............................. S 4599.4(10.940 Lawrence W- Carlstnim. being duly sworn, says That M Is We President of Me RELIANCE INSURANCE COMPANY; that said company is a •corporation duty organized,existing,and engaged in business as a surety by v rt"of the laws of the Commonwealth of Pennsylvania,arid has duly complied with 60 the requirements of the laws of said commonwealth applicable to said company land la duly qualified 10 as as surety under Much laws,that said company hes also complied with and is duty qualified to act as surety under the Act of Congress of September 13,1982,as amended (31 USG §9301 at. sect.): that the foregoing is a full. true and correct statement of the fahanctal condition at said company on the 31st day of December.1993. Sworn to before me this 31st day of march.1994. (�/�`'`��.��`�`�^,,'r� �°s moa-Qa�� _ %',r�,�"e` l✓. (��— ; �` V L ->``/j''`%`4r. vee Prnteerm � ?fkY i o Janis J.Crossland.Notary public. to d Washington. •A „n1"TI j. Countyof Icing.My commission Fxpires Febnrary 5,1996. s�, 2-:,-:)C- 0, -:,-15°r W.--N. MDR-1127 3/94 ' National Union Fire Insurance Company of Pittsburgh, Pa. Executive Offices 70 Pine Street New York, NY 10270 FINANCIAL STATEMENir as of December 31, 1993 ASSETS LIABILITIES Bonds.....................................................................$3,703,811,658 Reserve for Losses and Loss Expenses................$5,053,153,507 Stocks..................................................................... 1,016,975,283 Reserved for Unearned Premiums......................... 925,746,528 Collateral Loans..................................................... -0-- Reserve for Expenses,Taxes, Cash and Bank Deposits....................................... 343,609,365 Licenses and Fees.......................... ................ 9,807,588 Agents Balances or Uncollected Premiums.......... 1,562,593,538 Reserve for Unauthorized Reinsurance................. 84,064,012 Funds Held by Ceding Reinsurers......................... 14,238,776 Funds Held Under Reinsurance Treaties............... 92,936,174 Reinsurance Recoverable on Loss Payments....... 418,876.551 Other Liabilities....................................................... 425,441,600 Company's Interest in Assets of AIUA Capital Stock........................................................... 4,478,750 andAIUOA......................................................... 83.299,850 Surplus.................................................................... 1.396,971.649 Other Admitted Assets........................................... 849,194,787 TOTALASSETS...................................... 7,992,599,808 TOTAL POLICYHOLDERS' SURPLUS................................................ 1.401,450,399 TOTAL LIABILITIES AND POUCYHOUDERS'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 ELRABETH M.TUCK Secretary and MICHAEL J. CASTELLI, Comptroller of the National Union Fire Insurance Company of Pittsburgh, Pa. being duly sworn, each 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 creditors, except as hereinbefore indicated, and that 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 best of their information, knowledge and belief, respectively. STATE OF NEW YORK i SS-:COUNTY OF NEW YORK J on this 90 Oay c AI»4 .19 94 .Sekxe me came the above narned of the National union Fire Insixance Company of Phlsburgh,Pi,to me personally known to be the khdividuats and officers described herein,and acknowledged that they executed the JOSEPH 8.NOZZOUO ioregokq kubrxnent and affixed the seal of said corporation thereto by Notary Public,Slate of New York authority of their office. No.01-NO4652754` Qualified in Westchester County American Home Assurance Company POWER OF ATTORNEY National Union Fire Insurance Company of Pittsh" gh, Pa. Principal Bond Office: 70 pine Street,New York,N.Y. 101 No.01-B-32389 KNO`dt ALL MXN BY THESE PRH. KNITS: I'het jUnerican Home Assunut c Cjuipany, a New Y,.r, corporation, and National Uni :'ire lnsusruce Company of Pittsburgh, Wi, a Pennsylvania corporation, does each here)ry appoint .FIL O'Brlea,Jr.,T.R. TyricA.T.M Tyrrell,C.C. Leach,P.J. Clyne,A.L Getz,KJ.Furlong,F.C.O'Bries,III: •f Ubany,New York— its tr:x void lawful Attomey(t)-a-Fan, with full authority to execute on its behalf bonds, undertalcings, recognizancce and otter: contracts of usdemeity and writings obligatory m the nature thereof; issued m the coupe of its business, and to bind the respecGr awmpany .thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these preaems this 21st day of March 1994. heM ,Or41 'ckJ. Cnuba, STATE OF NEW YORK } COUNTY OF NEW YORK}ss. On this UA day of March 1990 before me came the - Ta above:names officer of American Home Assurance Company and National Uruon Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer PAULETTE K. WILCAMS descrthod herein, and acknowledged that he executed the Notety Public, Slate of Now YorK foregoing instrument and affixed the seals of said No. 31-1972606 Qualified in New York County corporations thereto by authority of his office. Certificate Filed in New York County Commission Expires October 1, 19' CERTIFICATE Exampta of Resolutions adopted by the Boards of Directon of American Nome Aesut,mc, Company as! National Union Fm Insurance CompemY of IKvsburgh,Pa.on May 12, 1976: 'RESOLVED,that the Chairman of the Bond,rhes President,ar my Vice President be,and busby in,,wA6xwd to appoint Arrmmya+n-Fwt to reprem tt and act for and on behebf of the Company to enema bads,undertakings,roeoamaarom and other comaota of indemnity and%rdtinaa obligamry in the nature thereof,and to--b theraao the coepsau met of rise CaapaaY,is the som atedom of be musty business: RESOLVED, that the 4am ns,and aYettatiams of snob of6aan and the seal of the Company may be affixed to any mph Power of AAorasy or to my certificate slasies dream by fieaimile, and any assets plsves of Attorney or oertificam bowing smh facsimile sipmuses or fecimils ser emu be valid ed biding upon the Company vhem m affixed vis respea to my bond,undertaking, recogni moa ane other anatast of imdaily ane awned obligmory, in the metre thereof; 'RESOLVED, ther any such Atto my-Fsot delivering a esereluial certification that the fureaoiaa resolutions mill be to effect may insert in anch cerci&ration the date thereof,mid dam to be not later than the dam of delivery thereof by mob Anormytim-Pas.' I,Mobeth M.Tuck,Secretary of Ausui glome Aemvame Company and of National Urea Fut,Iamssrasce Cosp.my of Pittsburgh, p.do hereby certify thea the foregoing excerpts of Rasohdiome adopted by the Boards of Dula=of them corporations,and the'Pova of Aaormy woad purmum thereto,an not and comet,and that both the ResoMiaos and the Powers of Aawasy are in tidl forty ad t,ti IN WYINBSS WHEREOF,I hew han a so est my hand and affixed the ficaimik said of each corporation this 21stdayof June 1994. A Elizabeth M Tuck, • State of New York County of Albany On June 21St, 1994 before me, a Notarr Public in and for said County and State• residing therein. duly commissioned and sworn, personally appeared T. M. Tyrrell known to me to be Attorney-in-Fact of NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA the corporation described in and that executed the within and foregoing instrument,and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. the day and year stated in this certificate above. My Commission Expire 9-30-94 Notary Albany County 3602 t 2-6-66 _ 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 LIABILITIES Bonds......................................................................$3,703,811,658 Reserve for Losses and Loss Expenses................$5,053,153,507 Stocks..................................................................... 1,016,975,283 Reserved for Unearned Premiums......................... 925,746,528 Collateral Loans..................................................... --0- Reserve for Expenses,Taxes, Cash and Bank Deposits....................................... 343,609,365 Licenses and Fees............................................ 9,807,588 Agents Balances or Uncollected Premiums.......... 1,562,593,538 Reserve for Unauthorized Reinsurance................. 84,064,012 Funds Held by Ceding Reinsurers......................... 14,238,776 Funds Held Under Reinsurance Treaties............... 92,936,174 Reinsurance Recoverable on Loss Payments....... 418,876,551 Other Liabilities....................................................... 425,441,600 Company's Interest in Assets of AIUA Capital Stock.......................................................... 4,478,750 and AIUOA..... ..................... 83,299.850 Surplus................................................................... 1,396,971.649 Other Admitted Assets........................................... 849,194,787 TOTAL ASSETS...................................... 7,992,599,808 TOTAL POLICYHOLDERS' SURPLUS................................................ 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$411,566,906 in the above Statement are deposited as required by law. CERTIFICATE ELIZABETH M.TUCK,Secretary and MICHAEL J. CASTELLI, Comptroller of the National Union Fire Insurance Company of Pittsburgh, Pa. being duly sworn, each for himself deposes and says that they are the above described officers of the said Company and that on the 31st day of December, 1993, the Company actually possessed the assets set forth in the foregoing statement and that such assets were available for the payment of losses and claims and held for the protection of its policyholders and creditors, except as hereinbefore indicated, and that the foregoing statement is a correct exhibit of such assets and liabilities of the said company on the 31st day of December, 1993, according to the best-of their information,knowledge and belief,respectively. `e U Secretary STATE OF NEW YORK l COUNTY'OF NEW YORK f On 9is 90 Oa1l of A I ./9 94 .Before me co,,, the above micas of tlo Nationd Union Fie kswaance Cat11WW of Phtsburgh.Pa..to me personalty known to be the fo WAduais and officers described herein,and acknowledged that they executed the JOSEPH e.NOZZOUO taegoing kabunat and affixed the sed of said corporation thereto by Notary Public,Stale of New York authority W it"k otit°e. No.01-NO4652754 Qualified in Westchester County 310]9 r.'i/!M1 Term Expires Jan.31, 1996 INFORMATION SCHEDULE L PERFORMANCE BOND KNOW ALL MEN BY THESE 1111 PRESENTS, that TULand CRELIANCEIINSUON IIRANCE COMPANY & NATIONAL UNION ca ed RG , MY OF ) and the "SuretLa€J are held and firmly bound to the Town of Southold (hereinafter called the "Owner") in the full and gust sum of One Million and No/100---------------- dollars C$ 1_L000,000.00-) good and lawful money of the United States of America, For the payment of which sum of money , well ,and truly to be made and done, the Principal binds himself, his heirs, executors, administrators and assigns and the Surety binds itself, its successors and assigns, Jointly and severally, Firmly by these presents . WHEREAS, the Principal has entered into a certain written Agreement bearing date on the 14th day of June 19913, with the Owner for the Town of Southold Solid Waste Haul-Disposal Services, a copy of which Agreement is annexed to and hereby made para of this bond as though herein set Forth in Full . NOW, THEREFORE, the conditions of this obligation are such that if the Principal , his or its representatives or assigns, shall well and faithfully comply with and perform all the terms, covenants and conditions of said Agreement or his (their, its) part to be kept and performed and all modifications , amendments, additions and alterations thereto that may hereafter be made, according to the true intent and meaning of said Agreement, and shall fully indemnify and save harmless the Owner from all cost and damage which it may suffer by reason of Failure so to do, and shall fully reimburse and repay the Owner for all outlay and expense which the Owner may incur in making good any such default, and shall protect the said Owner against, and pay any and all amounts, damages, costs and Judgments which may or shall be recovered against said Owner or its officers or agents or which the said Owner may be called upon to pay to any person or corporation by reason of any damages arising or growing out of the doing of said work, or the repair of maintenance thereof , or the manner of doing the same, or the neglect of the said Principal , or XXXVDW19I529i)C, its) agents or servants or the improper erformance of the said work by the said Principal, or XKM xRqQqWu 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 Schedule 5.0 .1. BIO (PROPOSAL) FORM Page 1 of 2 PROVIDED HOWE'V'ER, 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) �dlendar 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 XbIDOC XRqW9MX its) hand and. seal and the Suretyv has caused this instrument to be Signed by its Attorney-in-Fact and its corporate seal to be hereunto affixed this 21st day of June TULLY CONSTRUCTION CO. , INC. Principa CIF Corporation add Seal and Attestation) By : e lly, Se retary PaXY&WE Witne Q � RELIANCE,,INSUWCE COMPANY_ Add Corporate Seal By: Surety T. M.4jg , ttorney-in-Fact A$ $ Witness C Address of Surety 4 Penn Center Plaza, Philadelphia, PA NATIONAL UN19N FIRE INSURANCE COMPANY OF Suret PITTSBURGH, PA Add Corporate Seal By: T. M. Tyrt Attorney-in-Fact AXKXM Witness: Address of Surety 70 Pine Street, New York, NY Performance Band Schedule S.O .L BID CPRCIPOSAL) FORM Page 2 of� 2_ RELIANCE INSURA�7CE COMPANY PHILADELPHIA,PENNSYLVANIA PRINCIPAL'S ACKNOWLEDGEMENT—IF INDIVIDUAL OR FIRM State of New York.County of ss: On this day of .19 .before me personally came to me known to be(the individual)(one of the firm of 1 described in and who executed the within instrument and he thereupon duly acknowledged I:o me that he executed the same(as the act and deed of said firm)_ Notary Public PRINCIPAL'S ACKNOWLEDGEMENT—IF A CORPORATION State of New York County of Albany ss: On this 21st day of June .19 94 ,before me personally came Peter Tully to me known,who,being by me duly sworn,deposes and says:That he resides in Flushing, New York that he is Secretary of TULLY CONSTFLUCW12N CO. INC the corporation described in and which executed the within instrument; that he knows the sea o the sai8 corporation; that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of the said corporation,and that he signed his name to the said instrument by like order. Albany County Comm. Exp.9-30-94 (/fid_ Notary Putkd SURETY COMPANY'S ACKNOWLEDGEMENT State of New York County of Albany ss: On this 21st day of June ,t9 94 ,before me personally came T. M. Tyrrell Alban New York tome known,who,being by me duly sworn,did depose and say:That he resides in Albany, that he is Attorney-in-Fad of the RELIANCE INSURANCE COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said company; that the seal affixed to said instrument is such corporate seal of said company; that It was so affixed by the authority granted to him in accordance with the by-laws of said corporation; that he signed his name thereto by like authority;that the Superintendent of Insurance of the State of New York has,pursuant to Chapter 882 of the Laws o1 the State of New York for the year 1939 constituting Chapter 28 of the Consolidated Laws of to State of New York known as the Insurance Law, issued to the RELIANCE INSURANCE COMPANY his certificate that said company is qualified to become surety or guarantor on all bonds, undertakings, recognirences, guarantees and other obligations required or permitted by law; and that such certificate has not been revoked Albany County Comm. Exp.9-30-94 Notary PdbAC Financial Statement December 31, 1993 ASSETS LIABILITIES Cash and Bank Deposits .................... S (3,181,362) Losses and Loss Adjustment Expense ......... $ 2,519,849,388 Securities ................................. 3.139,765,232 Unearned Premiums ........................ 703.528.575 Premium Balances(under 90 Days) ........... 9,541.012 Other Taxes ............................... 6,527,322 Accrued Interest mW Dividends ............... 34,229.633 Other Liabilities ............................ 462213282 Federal Income Taxes ...................... 16,180,388 Total I labBities ........................... S 3.692.118.545 Otter Assets .............................. 1.402.866039 Total Admitted Assets ..................... S 4,599.400.940 CAPITAL AND SURPLUS Capital Paid Up ............................ S 664255.197 Surplus .................................. 243.027.198 Total Policyholders'Surplus ................ 907282.395 State of Washington ) SS. Total Liabilities.Capital County d IOng ) and Surplus ............................. S 4.599.400.940 Lawrence W. Carlstront being duly sworn, says That he is Vice President of the RELIANCE INSURANCE COMPANY; that said company is a •corporation duly organized existing,and engaged in business as a surety by virtue of the laws of the Commonwealth of Pennsylvania,and has duly complied with at the requirements of the laws of said commonwealth applicable to said company and is duly qualified to as as surety under such laws that said company has also complied with and is duty qualified to act as surety under the Act of Congress of September 13.198$as amended (31 U.S.C. §9301 at seq.k that the foregoing is a tun. true and correct statement of the financial condition of said company on the 31st day of December.1991 Sworn to before me this 31st day of Merck 1994. 9alllw� 10 0 %3 svrce trreaiEeuu L„�• "'t;nT1kY Janis J.Crossland.Notary Public,Slate of Washington, p•J;,�tC - County of 1Gng.My Commission Expires February 5.1996. :,-]:• BOR-1827 3/94 American Home Assurance Company POWER OF ATTORNEY National Union Fire Insurance Company of Pittsha' gh, Pa Principal Bond Office: '70 Pine Street,New York,N.Y. 107 No.Ol-B-32389 KNOW ALL MEN BY THFSE PRF. ENTS: lima limerican Home Assimm to t arap.ny, a Nt w Y t r. corporation and National Uni , ;7ire lnsusrnce Company of Pittsburgh, a Pennsyhw"omporstion does each hereSy appoint •F.Y.O'Brien,Jr.,T.R.TyrTc+4.T.M.Tyrrell,C.C.Leach,P.J. Clyne,A.L Getz,K.J.Furlong,F.C.O'Bries,HE f Albany,New York— Its trj34 rn:l iawfid Attormey(r)-m-Fact, with full authority to execute on its behalf bonds, undertakings, recognizance+ and otht contracts of indemnity and writings obligatory in the nature tbCr00C issued in the course of its business, and to bind the respecirr company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union five Insurance Company of Pittsburgh, Pa have each executod these presents +�rW word this 21st day of March 1994. J. Gotha, STATE OF NEW YORK } COUNTY OF NEW YORK}ser. On this US day of March 1921 before me came the \ above:named officer of American Home Assurance Company and National Union Fire insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer PAULETTE K. WILL'AMS described herein, And acknowledged that he otecuted the Notary Public, State of New Yot' foregoing instrument and affixed the seals of saidNo. 31-4972606 Qualified m New York County Corporations thereto by authority of his office. Certificate Filed in New York County Commission Expires October 1, 190,,/ _ CERTIFICATE Excerpt, of Radutioue doped by the Boards of Directors of American Hon. Asammos Company and National Union Fin jeemance Coapaey of pimburgb,Pa.on May 19, 1976: 'RESOLVED,that the Melanin of the Board,aha I10aide4 or any V'tu Pre" m be,and hereby is,aWboeizad to appoint AOmroYrie'Faet to mprerm and act for and on babelf of the Company to execs bonds,umdmlakivp,mognizini and other cuntmom of imdamoiy ad wrwwv obPaatory in the nature thereof,and to Wath 1haroto the empomb and of fie Company,in the feww4iam of Y surety budnar; 'RESOLVED, that the signatures and immiliom of mcb offimre ad the enol of din Company may be efixad lo any rich Muer of Atlanry or to any cetti6cate reWing thereto by 6c,imile,and my such Povar of AYary or certifioYa bearing each hosimik sigmsh e a haimile and aha, be wild and biding upon the Company when an affixed viIb inspect to my bond, undertaking, renosimmos or og m ioommot of id,me'ly m writing obligatory in ne nature thereof; 'RESOLVED, that my auch Anoraoyti 1pna delivering a eammrial certification that the fangomig erohniow " be a dBs may imert in rucb certification the date thereof,said dee to be not Mer than the den of delivery thereof by arch Anamy-in-Faa.' I,IEk&be&M.Twk, Secretary of American Home Awnae Company and of National Union Fire lttm Company of Pimbury6,Pa. do hereby certify dem aha foregoing axcerpu of Resolutions adepd by aha Boerde of Directon of tbem corporations,and the Potrem of Attorney owned purwm Iberian-are true ad correct,and that both the Resolutions and the Powers of Attorney are in full force and of wt. IN WM4EW WF®tEOF,I haw benumo am my hand and affixed the fwaimila end of such corporation this 21st dayofJunee -,19 9A. k Elizabeth/� M.Tuck, Sec idar3 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 _ F TULLY CONSTRUCTION CO., INC. Name ard LIBERTY 127-50 NORTHERN BLVD. address of MUTUALm FLUSHING, NY 11368 Insured. Is,at the issue date of this Certificate,insured by the Company under the pol'Icy(ies)listed below. The insurance afforded by the listed policy(es)is subject to all their terms,exclusions and conditions and is not shared by any requirement,term or condition of any contract or other document with rasped to which this certificate may beissued. TYPE OF POLICY EXP. DATE POLICY NUMBER LIMIT OF LIABILITY WORKERS COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY COMPENSATION LAW OF THE FOLLOWING STATES: Bodily Injury By Accident Each Accident Bodily Injury By Disease Policy Limit Bodily Injury By Disease Each Person GENERAL LIABILITY General Aggregate-Other then ProductsM,ompleted Operations 2,000,000 MOCCURRENCE Products/Completed Operations Aggregate 4/30/95 TBI-121-083233-014 1,000,000 ❑CLAIMS MADE RETRO DATE Bodily Injury and Property Damage Liability Per 1,000,000 ca1R81Be Personal and Advertising Injury ParParsoN 1,000,000 Oganitun Other OMer AUTOMOBILE LIABILITY Each Accident-Single limit ®OWNED 1.00 000 ELL and P.D.Combined ®NON-OWNED 4/30/95 AS2-121-083233-024 Each Person ®HIRED Each kadent or Oocunence Each Accident or Occurrence OTHER Umbrella BI,PD,PI do Al Liability $10,000,000 Ea. Occ. Excess 4/30/95 TH1-121-083233-034 General Agggregate Limit 10,000,000 Liability Prod.Compl:/Op.Agg.Lmt. 10,000,000 ADDITIONAL COMMENTS RECEIVED RE: Solid waste haul and disposal services JUN 2 7 194 ADDITIONAL INSURED: The Town of Southold and its agents Southold Town Clerk SPECIAL NOTICE-OHIO: ANY PERSON WHO,WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST ANINSURER,SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE Liberty Mutual STATEMENT IS GUILTY OF INSURANCE FRAUD. Insurance Group NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATIDN DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED To: EXCEPT FOR NON-PAYMENT OF PREMIUM. , ' a F_ OFFICE OF THE TOWN CLERK W'Ljt .-.�, (1""`C� _ LATE TOWN OF SOUTHOLD, TOWN HALL �� {{{"' -" HOLDER 53095 MAIN ROAD, P.O. BOX 1179 AUTHORIZED REPRESENTATI SOUTHOLD, NY 11971 6/22/94 tf Lak Success 216 L— ATTN: JUDITH T. TERRY - TOWN CLERK) DATE ISSUED OFFICE THE STATE INSURANCE FUND 189 CHURCH STREET,NEW YORK,N.Y.10007 (212) 312-9000 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE EMPLOYER CERTIFICATE HOLDER POLICY HUMBER TULLY CONSTRUCTION CO INC TOWN OF SOUTHHOLD 1041 321 -9 127-50 NORTHERN BVLD TOWN HALL 53095 MAIN ROAD FLUSHING, NY 11352 PO BOX 1179 SOUTHHOLD, NY 11971 UNIT PEO'??(?OVEREDTO 03-01 -95 CERTIFICATE NUMBER DA�E I�S�lE�4 U 0071 y�..ii 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'COMPENSATIONLAWWITHRESPECTTOALL 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 ST4WtjSU WffIroftPffS3ffql*WEApo LjABMTj§&ITLlffItrlffE It*JWm GIVE SUCH NOTICE. RECEIVED M 12 3 1994 Scutho!d Trw i Clark H.JACOBS DIRECTOR INSURANCE FUND UNDERWRITING • BIDDER ' S SOLICITATION SOLID WASTE HAUL AND DISPOSAL SERVICES AGREEMENT DOCUMENTS TOWN OF SOUTHOLD STATE OF NEW YORK. �SUfFOI.pC Fi TOWN OF SOUiHOI,D Prepared by: Solid Waste Task Force �0 �F Technical C000uttee 53095 Main Road Southold, NY 11971 NOTICE TO BIDDERS Solid Waste Haul-Oisposal 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) 765-1600 DATE: Thursday , May 26, 1994 TIME: 1 : 00 P .M . EDST (LATE BIDS WILL NOT BE OPENED) The offer to be made in accordance with this Bid • Solicitation shall include a bid on the following: A bid price per ton, to provide equipment and labor For hauling 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, 1991f . 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) bg 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 bg giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration OF the term . Bids must be made in writing on the Forms furnished and shall be accompanied by a Bid Guaranty in the Form of certified check, money order, bank draft or standard Form letter of credit made payable to Town of Southold, or bid bond, in the sum of one hundred thousand dollars ($100, 000 .00) wherein the named obligee shall be the Town of Southold . The successful Bidder shall be required to Furnish a Performance Bond, and insurance in accordance with the instructions in the Bid Solicitation . The bid price shall not include any tax, Federal , state, or local , From which the Town of Southold is exempt . A Bidder may not withdraw his bid within Forty-Five (45) days after the opening of the bids, but may withdraw his Bid at any time prior to the scheduled time For the opening of bids . The Town reserves the right to reject any or all bids and to waive informalities, should this action be in the best interest of the Town of Southold . Bid Solicitation containing submission requirements, instructions, technical specifications , and bidding Forms may be examined Free of charge and at the Following location on weekdays From 8: 00 A .M . to q: 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 1Q, 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 C516) 73'f-7685 . Judith T . Terry Town Clerk For Further information regarding bidding requirements, contact Judith T . Terry CS16) 765-1800 . For information regarding Town of Southold waste program and haul-disposal operations, contact James Bunchuck (516) 73'f-7685 . TABLE OF CONTENTS GLOSSARY OF TERMS 1- 3 SECTION A - SUBMISSION REQUIREMENTS A- 1 1 . 0 Project Purpose A- 1 2 . 0 Schedule A- 1 3 .0 Examination of Agreement Docume-ts A- 2 4 .0 Information to be Submitted A- 3 4 . 1 Contractual Bid A- 3 4 .2 Supplemental Information A- 4 5 .0 Bid Format A- 5 5 . 1 Binding A- 5 5 .2 Form Preparation A- 5 6 .0 Submission of Bid A- 6 6 . 1 Withdrawal of Bids A- 6 6 .2 Questions & Addenda A- 6 7 .0 Bid Guaranty A- 7 8 .0 Execution of Agreement A- 7 9 .0 Consideration of Bids A- 6 • 10 .0 Selection of Contractor A- 8 11 .0 Acceptance of Bid A- 9 12 .0 Assignment A- 9 13 .0 Limitation of Funds Available A- 9 14 .0 Insurance and Bonds A- 9 14 . 1 Insurance A- 9 14 .2 Bonds A-11 15 .0 Indemnity (Hold Harmless) A-11 16 .0 Payments A-12 17 .0 Default A-12 16 .0 Term' of Agreement A-12 19 .0 Service Agreement A-13 20 .0 Subcontracts A-13 21 .0 Rights and Options A-14 SECTION B - BID SPECIFICATIONS B- 1 1 .0 Requirements B- 1 2 .0 Program Goals and Objectives B- 2 3 .0 Potential Regulatory and Operational Changes B- 2 4 .0 Character of the Solid Waste B- 2 4 . 1 Quality and Characteristics B- 3 S .0 Program Activities B- 3 5 . 1 Collection B- 3 5 . 2 Loading Mode B- 4 • 5 . 3 Town of Southold Accident and Damage Policy B- 4 5 .4 NYSDEC Part 360 Permit to Operate B- S 6 .0 Haul Services B- 5 6 . 1 Work Included B- S 6 .2 Equipment B- 5 6 .3 Weighings B- 6 6 . `f Routing Mode - Contractor ' s Responsibility B- 7 7 .0 Disposal Services Program Activities B- 7 7 . 1 Work Included B- 7 7 . 2 Operational Capacity B- 7 7 .3 Permit Requirements B- 8 7 . 3 . 1 Disposal Sites In=_ ide State of New York B- 9 7 .3 . 2 Disposal Sites Outside State of New York B- 9 7 .'1 Weighings B-12 8 .0 Safety and Health Regulations B-12 9 .0 Operations and Procedures B-13 9 . 1 Supporting Data B-IL} SECTION C - TOWN OF SOUTHOLD SOLID WASTE HAUL/DISPOSAL SERVICES C- 1 1 .0 Intent C- 1 2 .0 General Bid Statement C- 1 3 .0 Unit Price Bid Schedule C- 6 3 . 1 Compensation C- 6 • 3 .2 Evaluation Unit Bid Price Formula C- 7 `t .0 Bid Security Acknowledgment C- 8 5 . 0 Information Schedules C- 8 Information Schedule A Information Schedule B Information Schedule C Information Schedule 0 Information Schedule E Information Schedule F Information Schedule 6 Information Schedule H Information Schedule I Information Schedule J Information Schedule K Information Schedule L Information Schedule M SECTION 0 - APPENDICES Appendix A Sample Operating Agreement Appendix B New York State Department of Environmental Conservation Permit Appendix C Accident Report Appendix D Town of Southold SWMP (Executive Summary) • Appendix E Town of Southold Solid Waste Profile Appendix F Chapter 't8 of the Code of the Town of Southold • GLOSSARY OF TERMS ADMINISTRATOR - Shall mean the Coordinator, of construction and demolition debris Cor his agent) of the Town of Southold , New York . AGREEMENT - Shall mean a Form operating agreement set Forth bg the Town and resulting From this Bid Solicitation between the Town of Southold and the successful Bidder to be executed in 199Li . AGREEMENT DOCUMENTS - Shall include the notice to bidders, instructions, bid solicitation, bid Forms, information schedules, proposal , payment bond, bid bond, Agreement, performance bond, certificates of insurance, glossary of terms any general conditions or special conditions, and any addenda . the Agreement Documents will Form a part of the Agreement . AGREEMENT YEAR - Shall mean the period From July 10, OF• , a calendar year to July 9, of the next calendar year . BIDDER - Shall mean any party or parties submitting in proper Form a bid to perform the work as specified in the Agreement Documents . The successful Bidder selected by the Town to perform the specified work will thereafter be known as the Contractor . ) BID PRICE - Shall mean the unit cost to determine the ranking of bidders . BID SOLICITATION - Shall mean this document , specifications, and any bid addenda issued . COMMENCEMENT DATE - Shall mean July 10, 1994 . CONSTRUCTION MATERIALS ANO/OR DEMOLITION DEBRIS (C&D) - Shall mean solid waste resulting From the construction, renovation, equipping, remodeling, repair and demolition of structures and roads . Such waste includes, but is not limited to, bricks, concrete and other masonry materials, soil. , rock, wood, wall coverings, plaster, drywall , non-asbestos insulation and roofing shingles . CONSTRUCTION MATERIALS AND/OR DEMOLITION DEBRIS (C&O) DISPOSAL SITES - Shall mean any site designated by the Contractor where construction and demolition debris is disposed of in a manner that minimizes environmental hazards and is permitted under the design and operation requirements of 6NYCRR Part 360 or alternatively outside the State of New York, is permitted under design and operation requirements meeting the requirements of 1 ) that jurisdiction 's applicable regulatory agency and 2) Town of Southold 's minimum standards . GLOSSARY - 1 CONTRACT DOCUMENTS - Shall have the same meaning as Agreement Documents . CONTRACT YEAR - Shall have the same meaning as Agreement Year . CONTRACTOR - Shall mean the party contracting to perform the work, or the heirs, executors, administrators , agents, or successors thereof . COORDINATOR - Shall mean the coordinator of construction and demolition debris for the Town of Southold . COUNTY - Shall mean Suffolk County , State of New York . DAILY - Sunday to Saturday , inclusive . EPA - Environmental Protection Agency (Federal ) . HAUL-DISPOSAL SERVICES UNIT PRICE - Shall mean the Contractor 's compensation in dollars for each ton of construction and demolition debris actually hauled from the Town of Southold Transfer Station to the Contractor-Designated Disposal Site and disposed of at the Contractor-Designated Disposal Site . HA2ARDOUS WASTE - Shall mean (1) any "hazardous waste" as defined under the Resource Conservation and Recovery Act, 1t2 U .S .C . Section 6901 et seg. , or "hazardous substance" as defined under the comprehensive Environmental Response, Compensation, and Liability Act, 42 U .S .C . Section 9601 at sec . , or "hazardous waste" as defined under New York Environmental Conservation Law Section 27-0901 at sem. , 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 from the Town of Southold to the successful Bidder that the Town of Southold intends to award an Agreement to the successful Bidder subject to compliance with all their terms and conditions of the Agreement Documents . • NYSDEC - New York State Department of Environmental Conservation . OSHA - Federal Williams-Steiger Occupations Safety & Health Act of 1970, plus subsequent revisions . GLOSSARY - 2 OWNER - Shall mean the Town of Southold, New York . Also may be referred to as the Town . PERMIT - Shall mean any and all permits, licenses, approvals certificates of public convenience and necessity , Franchises or authorizations which must be issued by any Governmental Body having ,jurisdiction thereof to legally enable the Contractor to transport and/or dispose of construction and demolition debris . PERMITTEE - Shall mean any person issued a valid permit to haul construction and demolition debris or to construct, establish, maintain or operate a construction and demolition debris Disposal Site . RCRA Resource Conservation Recovery Act (Federal ) . SOLID WASTE - Shall mean all putrescible and non-putrescible materials or substances, including but not limited to garbage, refuse, rubbish, ashes, agricultural wastes„ and offal . (Solid Waste does not include C&D waste, recyclables , hazardous, or infectious waste) . SOLID WASTE DISPOSAL SITE(s) - Shall mean any site designated by the Contractor where solid waste is disposed of in a manner that minimizes environmental hazards and is permitted under the design and operation requirements of 6NYCRR Part 360 - Solid Waste Management Facilities, or alternatively outside of the State of New York, is permitted under design and operation requirements meeting the requirements of 1) that ,jurisdiction 's applicable regulatory agency and 2) Town of Southold 's minimum standards . Also may be referred to as Disposal Site(s) . SUBCONTRACTOR - Shall mean an individual , firm or corporation having a direct contract with the Contractor For services, equipment, materials and/or labor . GLOSSARY - 3 SECTION A • SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS, AND AWARD BASIS i SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS AND AWARD BASIS 1 .0 PROJECT PURPOSE The Town of Southold expects that it will receive and need to dispose of approximately 12, 000 tons of solid waste during the agreement year . 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 quantity of wastes to be hauled and disposed of under this Agreement will increase by 10-iS% . 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 magi. occur . The dates given are guidelines and should not be construed as Firm dates or deadlines due to the multiple parties involved in the decision making process . EVENT DATE Transfer Station Visits By Appointment Pre-Bid Conference lay 12, 1991f Bid Opening May 26, 19Sq Town Board Reviews Play 31 , 199'f Town Board Approval June 14 , 199'f Agreement Executed On or Before ,June 30, 199'f Operations Commencement July 10, 199'f • i I A-1 i i 3 .0 EXAMINATION OF AGREEMENT DOCUMENTS, FAMILIARITY WITH THE WORK It is the responsibility of each Bidder before submitting a Bid to (a) examine the Sample Operating Agreement and Agreement Documents thoroughly ; (b) visit the site of the Town of Southold Transfer Station; (c) attend and be familiar with the outcome of the pre-bid conference; 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 ; (f) study and carefully correlate the Bidder ' s observations with the Agreement Documents; and (g) notify the Town Clerk of all conflicts, errors or discrepancies in the Agreement Documents . Reference is made to the following Appendices which contain supplemental information which is attached to and made part of the Agreement Documents: . Appendix A: Sample Operating Agreement Appendix B: NYSDEC Part 360 Operating Permit Appendix C: Town of Southold Accident Report Reference is made to the following Appendices which contain supplemental information which is attached to the Agreement Documents solely for the convenience of Bidders: Appendix D: Solid Waste Management Plan Summary Appendix E: Solid Waste Profile Appendix F: Southold Town Code Chapter 't8 Reference is made to the following information which is available for review by Bidders at the Town Clerk 's Office during normal business hours ; 8 : 00 A .M . to `f : 00 P . M . Monday through Friday . 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 and opinions from this information and shall confirm any information contained therein regarding facilities and equipment through site visits . The Town does not guarantee the accuracy of any information contained in these documents . Before submitting a Bid, each Bidder shall , at the Bidder 's own expense, make or obtain any additional inspections, examinations , or studies and obtain any additional data and information which may affect cost, progress, performance or furnishing of the work and which Bidder deems necessary to determine its bid for performing and furnishing the work in accordance with the time, price and other terms and conditions of the Agreement Documents . The failure or ommission of the Bidder to receive and examine any form, instrument or document , or make required inquiries and inspections, shall not relieve the Bidder From any obligation contained in the Agreement Documents . The Town will be ,justified in rejecting any claim based on facts or conditions of which the Contractor should have been cognizant . The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Bid Solicitation, that . without exception the Bid is premised upon performing and Furnishing the work required by the Agreement Documents, and that the Agreement Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions For performing and Furnishing the work . Bidders will be allowed to ask questions regarding the Bid Documents during the pre-bid conference to be held at: Town Hall 53095 Main Road Southold, New York 11971 May 12, 199'f at 9: 00 A .M . 4 .0 INFORMATION TO BE SUBMITTED WITH PROPOSAL 'i . 1 Contractual Bid For the purpose of assisting the Town in determining the responsible Bidders for this Bid Solicitation, the Bidder is required to submit the Following minimum information with his bid : i . Contractor Bid Form ii . Bid Security or Bid Bond • iii . Information Schedules A through M as applicable iv . Supplemental Information as described in 4 .2 i A-3 J '1 . 2 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 plan describing the Bidder 's assessment of the requested operation . This section shall be divided :into the following subsections: o Haul A detailed summary of requirements for manpower , materials and supplies, mobile equipment, etc . , shall be .included to provide the Town with general anticipated guidelines For performance under the Agreement . o Disposal A detailed summary of requirements of site capacity , useful life, hours and days of the week, operation, etc . , shall be included to • provide the Town with general anticipated guidelines For performance under the Agreement . A copy of the current Permits to Construct and Permits to Operate shall be included . If the 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 subcontractor(s) so identified . In the event that the Bidder desires to change the number or identity of such subcontractor(s) , the proposed change must be submitted to the Town For approval . No such change shall be made without the Town 's approval . A-`t i In addition, it is the policy of the Town of Southold to encourage the participation of Minority Business Enterprises (MBE 's) and Women-Owned Business Enterprises (WBE 's) on Town projects . For this reason, the Agreement will require Contractor 'to use its best efforts to include among its subcontractors MBE and WBE Firms . In the event the successful Bidder intends to subcontract in excess of twenty-five percent (2S%) 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 i provides For Bidder 's use of the site pursuant to this Bid Solicitation in accordance with the Agreement Documents . THE SUPPLEMENTAL INFORMATION REQUIREMENTS MAY BE SATISFIED BY INCLUDING A REFERENCE TO AN INFORMATION SCHEDULE (A-L) IF THE SCHEDULE PROVIDES THE INFORMATION REQUESTED AND IS INCLUDED IN THE BID . S .0 BID FORMAT 5 . 1 Binding The document(s) if bound shall be in a manner that will provide for easy evaluation access (to lie Flat when opened) . Printing on both sides of the sheets, provided a quality paper is utilized that will prevent the type from showing through, is acceptable . Paper with substantial recycled content is preferred . 5 .2 Form Preparation Bids shall be submitted in the Form described in this Bid Solicitation . All blank spaces For bid prices shall be properly filled in, in ink or typed, in both words and numerals For all bid categories required . In the event a price shown in • words and its equivalent shown in Figures do not agree, the written words shall be binding on the Bidder . BIDS SHALL NOT BE QUALIFIED, MODIFIED, LIMITED OR RESTRICTED IN ANY WAY . In the event a specification is not applicable, it shall be so indicated . Incomplete bids will not be considered . A-S 6 . 0 SUBMISSION OF BID Each Bidder shall submit six (6) separate complete sets OF his Bid which shall be enclosed in a sealed opaque envelope plainly marked on the outside with the title of the work and the name and address of the Bidder . No Bid will be considered unless Filed on or before the time and at the place designated in the Notice to Bidders . Bids received after the time set For the Opening will be returned to Bidders unopened . when sent by mail , preferably registered, the sealed Bid, marked as above, should be enclosed in an additional envelope similarly marked and addressed to: Office of the Town Clerk Town of Southold 53095 Main Road Southold, New York 11971 Bids received prior to the time of opening will be kept securely unopened . No bid received thereafter will be considered . 6 . 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 withdrawn after opening until execution of the Agreement or rejection of all bids as provided herein . 6 .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 C24) hours before bids are opened . The Town will not be bound by oral clarifications . A-6 1 7 .0 BID GUARANTY Each Bid must be accompanied by a b'ld guaranty (Section C, Schedule S .O . K) , without condition or qualification, which shall be in the sum of one hundred thousand dollars ($100, 000 .00) . The guaranty may be certified check , bank draft , money order , standard Form irrevocable letter of credit , or a bid bond in the Form attached . The bid bond shall be secured From a surety company authorized to do business in the State of New York as a surety . No Bid will be considered unless it is accompanied by the required guaranty . Certified check, money order or bank draft must be made payable to the order of the Town of Southold . The bid bond shall name the Town as the obligee . Cash deposits will not be accepted . The bid guaranty shall ensure the execution of the Agreement and the Furnishing of the surety bond or other required bonds by the successful Bidder, all as required by the Agreement Documents . All guaranties will be returned within ten (10) days after the execution of the Agreement .and required bonds , insurance and other Agreement Documents are received From the successful Bidder . 8 .0 EXECUTION OF AGREEMENT , FURNISHING OF BONDS The successful Bidder , or its legally authorized representative, shall be required to appear in person within ten (10) days of the Notice of Award by the Town at the place and time designated by the Town to execute the Agreement and other Agreement Documents For Haul/disposal services . The successful Bidder shall , at its own cost and expense, procure, execute and deliver to the Town the Following documents within ten (10) days of Formal Notice of Award by the Town . Performance Bond - A Performance Bond shall be in an amount of one million dollars ($1 , 000, 000 .00) . This bond (as shown by example in Section C, Schedule S .O . 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 bid bond provided . The Town specifically reserves any and all other rights against the Contractor as a result of his failure to perform as required by these documents . 9 .0 CONSIDERATION OF BIDS The Town of Southold reserves the right to reject any or all bids For haul and disposal services if such action is deemed to be in the best interests of the Town . To be considered responsive to this Bid Solicitation, each Bidder shall : A . 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 capacity OF 15, 000 tons (52 weeks/year) yearly , allowing • For seasonal and other peak periods . C . Provide evidence of all current valid state and Federal permits, licenses, local ordinances, etc . , required by law to receive solid waste at the designated Disposal Site(s) . .. 0 . Provide evidence of physical and Financial capability to perform services described in the bid specifications . 10 .0 SELECTION OF CONTRACTOR Bids will be evaluated only if accompanied by the approved Form of bid guaranty . Only bids solicited From Firms or combinations thereof, who have sufficient management, engineering capabilities, operating, and maintenance experience to fulfill the Town 's goals and comply with the applicable local , state , Federal laws, ordinances, regulations, e .g . New York State Department of Environmental Conservation, Resource Conservation Recovery Act and Federal Environmental Protection Agency guidelines will be accepted . The Town will review the bids and make a selection recommendation based on the evaluation criteria included in this Bid Solicitation or take such other action as it deems in its best interest . • Any agreement awarded 'hereunder will be to the responsible Bidder whose Evaluation Unit Bid Price is the lowest . The Town of Southold reserves the right , in its sole discretion, to reject all bids submitted in response to this Bid � Solicitation . # A-B 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 . 1B .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 . 11t .0 INSURANCE AND BONDS 14 . 1 Insurance For the period from Agreement commencement date until one (1) year after Agreement termination date, Contractor must maintain insurance acceptable to the Town in the kinds and amounts set forth below . All such insurance coverage shall be provided by companies licensed to do business in New York State and the state in which the Disposal Site(s) is (are) located . The Town Of Southold and its agent shall be named as an additional insured and coverage shall not be changed or cancelled until thirty (30)- days written notice has been given to the Town . Within ten C10) 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 Compensation Insurance - A Policy covering the operations of the Contractor in accordance with the provisions of Chapter `fl of the Laws of l91`f as amended , known as the Worker ' s Compensation Law, covering all operations of the Contractor, whether Performed by him or by his subcontractors . The Agreement shall be void and of no effect unless the person or corporation making or executing same shall secure compensation coverage For the benefit of, and keep insured during the life of said Agreement such employees in compliance with provisions of the Worker 's Compensation Law . (2) General Liabilitu CC:omprehensive 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 Protective Liabilitu - Covering work performed by subcontractors . (b) Completed Operations or Product Liability Cc) Contractual Liabilitu Cd) Broad Form Propertu Damage . (e) Personal Inturu . NOTE: IF any of the ratting 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 t i A-10 u : 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 PROPERTY DAMAGE LIABILITY Aggregate: $3, 000, 000 .00 Aggregate: $3, 000, 000 .00 Each Person Each Occurrence Each Occurrence $1 , 000, 000 .00 $1 , 000, 000 . 00 1`t .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-8 .0 . The bond shall be executed by a surety company approved by the Town authorized to do business in the State of New York and with. an office or representative in Suffolk County , New York . The Form shall be acceptable to the Town of Southold and shall have a term through the completion of 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 event the Contractor secures a Performance Bond From any of its subcontractors , said bond shall also name the Town of Southold as a dual obligee . Should the Town designate another public or private 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 provisions, duties, services or requirements of such Agreement, A-11 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 lasses or damages incurred by the Town as a result of enforcement or other proceedings by Federal , state or local government agencies relating to Contractor 's Disposal Site(s) operation . This obligation shall be ongoing, survive the term of the Agreement and include , but not be limited to, claims concerning non-sudden environmental impairments . The Bidder agrees to ,loin in the commencement of any action or proceeding or in the defense of any action or proceeding which in the opinion of the Town constitutes actual or threatened interference or interruption with the Town 's rights hereunder, including all necessary appeals which may be necessary , in the opinion of the Town . 16 .0 PAYMENTS Contractor shall receive monthly payments for services • performed during the prior calendar month upon submission of an invoice (with a Town voucher) that shall contain an itemized list of 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 . 17 . 0 DEFAULT In the event the Contractor Fails to perform its obligations under the Agreement , the Town may terminate such Agreement , and the Town may procure the services from other sources and hold the Contractor responsible for any excess costs incurred and deduct From payments owing to the Contractor and/or draw upon the Performance Bond as Full or partial reimbursement For such excess costs . The Town reserves the right to terminate the Agreement for just cause . 1B .0 TERM OF AGREEMENT The term of this Agreement shall be three (3) years commencing on July 10, 199`f . IF the Town enters into an intermunicipal solid waste haul/disposal agreement the Town may A-12 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 Iown , at its sole discretion , shall have the option of renewing the Agreement for two (2) additional one ( 1) year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term . 19 . 0 SERVICE AGREEMENT The Contractor shall be obligated to provide the Town with disposal services without regard to the permit status of its Disposal Site . In the event that Bidder wishes to submit a bid For a Disposal Site for which Bidder does not currently have all necessary federal and state permits, Bidder shall , at its sole risk and expense , be responsible For obtaining and/or renewing its permits or providing to the Town an alternate 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 Contractor which provides For Bidder 's use of the site pursuant to this Bid Solicitation in accordance with the Agreement Documents; TAr. (2) require the Disposal Site Contractor to furnish to OIA4 Contractor and the Town 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 recei.-ing solid waste from the Town of Southold , including weekends , holidays and special closure periods . 7 .3 Permit Requirements Throughout the term of Agreement that may result from this Bid Solicitation , the Contractor must maintain all current and valid local , state and federal permits, licenses , or other authorizations , (either temporary and permanent) which are required by law to receive 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 current and valid local , state and Federal • permits , licenses , or other authorizations , allowing the lawful use of its designated Disposal Site then the Contractor will be solely responsible For obtaining the utilization of an alternate 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 liable For damages, bonds Forfeitures and other expenses as provided in the Agreement . In the event the individual and/or entity submitting a bid in response to this bid solicitation is not the individual and/or entity named as the permit holder on any necessary current and valid local , state or Federal permits , licenses or other authorizations , required by law to receive 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 21 .0 RIGHTS AND OPTIONS The Town of Southold , New York , reserves and holds at its discretion the following rights and options upon issuing this Bid Solicitation: 1 . To award an Agreement to the candidate whose bid is ,judged to be the lowest responsible bid pursuant to Section 103 of the General Municipal Law of the State of New York . 2 . To reject any and/or all bids . 3 . To issue subsequent bid solicitations . `t . 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-14 j SECTION B BID SPECIFICATIONS (TECHNICAL/MANAGEMENT) • I I' SECTION B BID SPECIFICATIONS TECHNICAL/MANAGEMENT 1 .0 REQUIREMENTS This request for bids is issued For the Town of Southold , State of New York , Town Hall , 53095 Main Road, Southold , New York , 11971 (Telephone (516) 76S--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 site(s) . The following general services are sought: in this request: " HAUL Provide equipment, labor , maintenance , management and policies to operate a transportation system For hauling solid waste From the Town of Southold Transfer Station to Contractor designated disposal site(s) as set forth herein . Transportation equipment shall be in accordance with New York State Department of Transportation, Interstate Commerce Commission , United States Department of Transportation, as defined in the Code of Federal Regulations, or other applicable, state and Federal regulatory requirements . DISPOSAL Reserve capacity and provide equipment , labor, maintenance, management and policies to receive and dispose of solid waste From the Town of Southold Transfer Station as set Forth herein . The Contractor 's New York State Solid Waste Disposal Site(s) must be in compliance with all State of New • York Department of Environmental Conservation 's and U .S . Government 's Regulatory requirements, e .g . , 6NYCRR Part 360 , Resource Conservation Recovery Act B-1 I. A' RCRA) , Environmental Protection Agency - Subtitle 0 , et al . Disposal Sites outside New York State shall 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 . 2 .0 PROGRAM GOALS AND OBJECTIVES The goal of this project is the continued safe and reliable hauling and disposal of the solid waste materials from the Town of Southold Transfer Station at minimum cost to the citizenry . It is also the objective of the Town of Southold to ensure that the haul-disposal operations proceed according to the provisions of this document and • subsequent agreements/amendments are upheld . 3 .0 POTENTIAL REGULATORY AND OPERATIONAL CHANGES During the term of the Agreement , there may be a number of regulatory and operational change's which may affect the quantities and types of solid waste received at the Town of Southold Transfer Station and delivered to the Disposal Site . This Agreement will not provide any , guarantees with respect to the volume of waste to be hauled and/or disposed of by Contractor . The Town reserves the right to designate another public body , private or public agency , group or authority to act in its behalf for administration of the Agreement at any time during the term of Agreement . 4 .0 CHARACTER OF THE 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 `t8 of the Code of the Town of Southold . B-2 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 bg 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 CAppendix A-9) . '1 . 1 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-9) . The Town makes no specific representations in the foregoing disclosure . 5 .0 PROGRAM ACTIVITIES S11 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 `f: 00 P .M . The Transfer Station is closed on the !=allowing holidays: New Year 's Day Columbus Dray Martin Luther King Day Election Day Lincoln 's Birthday Veterans Day Presidents Day 1/2 day beiFore Thanksgiving Easter Sunday Thanksgiving Memorial Day 1/2 day before Christmas Independence Day Christmas Labor Day 1/2 day be:Fore New Year ' s Dag B-3 The COntr8CCOr MUST- Mai.;e rr-±n5Fer rC,nnr. i n.Fl._S nV.yi i m i r= For loading on Saturdays and Sundays between 7 : 00 A .M . and `{ : 00 P .M . . The Contractor may from time to time be requested to remove solid waste on Saturdays and/or Sundays between the same hours, but would not normally be expected to do so . The Contractor will be expected to provide enough containers to empty the Transfer Station tipping floor on a daily basis . Delivery and staging of an adequate number of containers for this purpose will be coordinated with Transfer Station staff as needed . S .2 Loading Mode The Contractor shall fully prepare transfer containers For loading, including assuring that container covers or empty containers are left open . Solid Waste will be loaded by the Town at its Transfer Station using a front end wheel loader or backhoe . Contractor-enclosed (tarped) transport equipment will be weighed after loading to prevent overloading and to document haul and disposal tonnages . 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 . S .3 Town of Southold Accident and Damage Policy The Contractor shall be required to prepare an Accident Report (See Appendix C) of any accidents and/or damage that occur while performing services under the term of the Agreement . The Town of Southold shall immediately be notified of any major occurrences such as bodily injury or structural damage to the Town 's Transfer Station . An Accident Report will be submitted to the Town within twenty-four (2q) hours containing the date , time, location, and complete description of all incidents . The offending party 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-'t S .'t NYSDEC Part 360 Permit to Operate The Town of Southold operates the Transfer Station under a New York State Department of Environmental Conservation (NYSDEC) Part 360 Permit to Operate . A copy of NYSDEC Permit is included as Appendix B . 6 .0 HAUL SERVICES For Solid Waste Haul-Disposal Services Agreement , the Following haul services will include the tasks , responsibilities and performance required as outlined herein . 6 . 1 Work Included The Contractor shall provide the following major essential services or equipment and any other non- specified items, without limitations , to maintain a reliable haul services operation in a manner that will meet the needs of the Town of Southold . Management and operation of a fleet to . accommodate the transport of solid waste From the Town Transfer Station to Solid Waste Disposal Site(s) in accordance with all local , state , and federal regulations . Financial liability and maintenance responsibility of transport equipment , i .e . , dump trailers, transfer trailers bulk material containers , vehicles, personnel and services For open-top loading solid waste hauling activities . Coordination of haul services with disposal services . 6 . 2 Equipment The Contractor shall provide reliable refuse handling and other essential ancillary equipment, along with personnel to operate and maintain a reliable haul services system in a manner that will satisfy the needs of the Town of Southold . The minimum level of haul services equipment acceptable to the Town to support the haul operation . includes open-top trailers and bulk material containers . The Contractor will supply additional open-top trailers and containers, etc . B-S 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; `t) 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 DDT 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 . 6 . 3 Weighings • The Town of Southold will provide certified weighing at the Town of Southold Transfer Station . The Contractor will accept these weights for invoicing purposes . All weights will be generated on current certified weigh scales . B-6 6 . 'i Routing Mode - Contractor 's Responsibility Contractor will have the right to select the route(s) for travel from the Town of Southold Transfer Station to the Disposal Site(s) . Contractor warrants and guarantees that, in selecting and utilizing such route(s) , Contractor will insure that it is not violating any applicable motor vehicle height (overpass clearance) , motor vehicle weight restrictions, :local ordinances or Interstate Commerce Commission regulations . Contractor will indemnify and hold the Town harmless from any claims, fines and other damages assessed upon or incurred by the Town as a result of any violations of applicable restrictions or regulations relating to the routes traveled by the Contractor . 7 .0 DISPOSAL SERVICES PROGRAM ACTIVITIES For Solid Waste Haul-Disposal Service Agreement, the Following disposal services will include the tasks , responsibilities and performance requirements as outlined herein . 7 . 1 Work Included The Contractor shall provide the following major essential services or equipment and any other non- specified items, without limitations, to maintain a reliable disposal services operation in a manner that will meet the needs of the Town of Southold . Liability insurance, performance and payment bonds . Safety equipment . 7 .2 Operational Capacity The bidder shall identify in its proposal , the following information: Disposal Site capacity . Flexibility of Disposal Site capacity to allow for seasonal variances in waste generation and sufficient to permit service in the tonnages bid . Hours and days of the week: that the designated Disposal Site will be: open for B-7 i �I receiving solid waste From the Town OF Southold, including weekends , holidays and special closure periods . 7 . 3 Permit Requirements Throughout the term of Agreement that may result From this Bid Solicitation , the Contractor must maintain all current and valid local , state and Federal permits, licenses , or other authorizations, (either temporary and permanent) which are required by law to receive 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 current and valid local , state and Federal permits, licenses, or other authorizations , allowing the lawful use of its designated Disposal Site then the Contractor will be solely responsible For obtaining the utilization OF an alternate 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 liable For damages, bonds Forfeitures and other expenses as, provided in the Agreement . In the event the individual and/or entity submitting a bid in response to this bid solicitation is not the individual and/or entity named as the permit holder on any necessary current and valid local , state or Federal permits , licenses or other authorizations , required by law to receive 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-B bidder ' s bid submission . The agreement beti, een the bidder and the permit holder shall include provisions that - I . Provide Town with the right to discuss operational matters with the permit holder whenever necessary . 2 . Require the permit holder to comply with directives of the Town which are consistent with and pursuant to the Agreement which shall result from this bid solicitation . 7 . 3 . 1 Disposal Sites Inside State of New York The Contractor 's 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 Agency regulatory requirements, e .g . , 6NYCRR Part 360, Resource Conservation Recovery Act (RCRA) , Environmental is Protection Agency - Subtitle D, et ell . 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 they comply with all the above governing regulatory 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 reasonably requested by the Town . No Disposal Site shall be acceptable unless it poses no significant threat to the environment and its design, construction and operation complies with all applicable laws . 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 compliance with all the applicable local , state and Federal laws and regulations and U .S . Environmental Protection Agency I regulatory requirements, e .g . Resource Conservation B-9 i Recovery Act RCRA) , Environmental Protection Araei Subtitle D, at al . The Solid Waste Disposal Site have valid construction and operation permit= accordance with all applicable laws in the Jurisd in which it is located . It shall be permitted to Town of Southold solid waste without violating appii law . It shall meet the design, constructior operating requirements of all applicable laws it Jurisdiction where the disposal site is operating . If the Solid Waste Disposal Site is a landfill , it comply with the Following minimum standards: Liner Sustem: All proposed landfills under Agreement shall be provided with at least a liner system to restrict the migration OF le_ and prevent pollution of underlying soi_ groundwater . Liner systems shall consist Ci permeability soil admixtures, clays or sunt materials . Liners are at a minimum to consi materials having a demonstrated hydr. conductivity and chemical and physical resin not adversely aFFected by waste emplacemen sanitary landfill leachate, including sunt geomembranes and soils such as clay or semiimpervious admixture . Liner systems may consist of an impervious liner composed of at least two feet of clai with demonstrated hydraulic conductivity of x 10-7 cm/sec or a synthetic single lining system of a thickness of at least 60 mils Thicknesses down to 't0 mils may be acceptable For composite liners which include impervious clay . " Foundation: The proposed landfill shall be esigne and constructed on an appropriate Foundation which provides firm, relativelc unyielding planar surfaces to support the liner system and which is capable of providing, support to the liner and resistance to the pressure gradient above and below the liner resulting from settlement, compression or, uplift . " Leachate Collection: The proposed landfill • shall be equipped by a leachate drainage and removal system . The leachate drainage sgstertn shall consist of collection pipes and a: B-10 if drainage layer . 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 : Leachate shall be treated and disposed of in accordance with all applicable laws , including applicable pretreatment standards and discharge limitations . Gas Collection and Vent in The proposed an 1 s a a equippedwi a suitable gas collection and/or venting system which complies with all air pollution requirements and other applicable laws . " S� rE�arainae�eSi�st�e�mswith anhea proposed 1 i9 ppropriate 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 . Monitoring Sustem: 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 analysis program shall be in place to verify that no groundwater contamination results from the landfill . Closure: The proposed landfill shall have in p aZ ce 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 Bidder must clearly specify their intended disposal alternatives and support same with copies of appropriate experience , site location, permits, agreements et al . , as outlined in this bid solicitation . The use of 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 . 7 . Lf Weighings The Town will compensate the Contractor For waste material hauled and disposed of an 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 Fop differences must he filed in writing within sixty (60) days of occurrence or the Town 's calculation shall be deemed Final and binding between the parties . 8 .0 SAFETY AND HEALTH REGULATIONS The Contractor shall comply with all current Federal Department of Labor, Safety and Health Regulations under the Occupational Safety and Health Act, 1972 CPL 91-S96) and Section 107, Agreement Work Hours and Safety Standards Act CPL 91-5`f) . 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 orientation, education, teaching, first-aid training, cardiopulmonary resuscitation, etc . B-12 C . Noise and dust control , ear protection, respirators, hardhats, safety shields, glasses, protective clothing , sanitary Facilities, etc . d . Fire and explosion preventions , control , equipment (fire blankets , extinguishers , First aid , hoses , etc . ) and personnel escape alternatives . e . Traffic Flow control patterns . F . Accident or injury reporting system (the Town shall receive copies of all reports and immediate verbal notification) . g . Employee health safeguards . h . Mechanic 's lien safeguard against work interference . The Contractor shall comply with all local , state and • Federal regulations, laws and statutes which apply to the work and to safety in particular . The Contractor shall comply with New York State Department of Labor current requirements . The Contractor shall be solely and completely responsible For operational safety during performance of the Agreement . The obligation exists twenty-Four (24) hours a day , each and every day throughout the term of the Agreement . The Town of Southold shall not have any responsibility For means, methods, sequences 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 . 9 .0 OPERATIONS AND PROCEDURES The Contractor will be required , prior to commencement of operations, to provide the Following operational plans to the Town For review and acceptance . Revisions , modifications, and updates shall be Forwarded to the Town 0 throughout the term of the Agreement . Organization personnel and structure, showing the chain of command , names and telephone numbers and staffing requirements . B-13 Operations plan - shifts , hours , etc . Safety , disaster , and emergency procedures . Transportation plan including available transport equipment, vehicle fleet and reserve capabilities . Inclement Weather Plan - This shall describe the bidder 's plan should inclement weather alter normal daily operations as described in the bidder ' s operations plan . The inclement: weather plan shall include hauling operations and disposal operations . The bidder 's means of assessing inclement weather conditions (weather and road conditions) , method of reporting to the Town and the alternatives shall be . described . 9 . 1 Supporting Data • In the event the Town requires any ini'ormation in support of Town held licenses and permits at the Town, County , State and Federal level , the Contrac-::or will be required to furnish all licenses, permits and inspection reports regarding equipment and disposal sites which may be required by Town, County , State or Federal law . In the event the Contractor requires any information in support of Contractor held licenses and permits at the Town, County , State and Federal level , the Town will cooperate in furnishing such information as it applies to the Southold Town operations . Operating (hauling and disposal) records shall be considered essential to the operation . The Contractor shall keep these data in an organized fashion that allows For easy retrieval and analysis . The Town, or its designee , may upon 2't hours notice inspect the Contractor 's records . Such records shall be kept available - by Contractor for a period of two (2) years after termination of this Agreement . In the event the Town requires additional information for reporting purposes, the Contractor will supply same . The Town, or its designee, may call upon the Contractor at anytime for an oral review of any technical matter . • The Contractor shall file and update the following information as specified herein . B-1'1 Items Due Haul Equipment (Schedule H) as changes occur Haul Accident Report (Appendix C) on occurrence Disposal Accident Reports on occurrence Licenses , Permits and Inspection Reports on occurrence Part 360 Permit . as changes occur All Bid Information Schedules as changes occur • iI I • B-15 SECTION C TOWN OF SOUTHOLD SOLID WASTE HAUL-DISPOSAL SERVICES CONTRACTOR BID FORM 1 . 0 INTENT The undersigned hereby recognizes that these documents are complementary and are intended to provide For uniformity in bid evaluations . The formal Agreements resulting From this Bid Solicitation shall be in a Form provided by the Town . These documents are intended to depict complete Solid Waste Haul-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-1 I �I 1 . The Undersigned Bidder also agrees as Follows: FIRST: IF this bid is accepted , to execute the Agreement and Furnish to the Town a satisfactory performance bond , and insurances all within ten C10) calendar days . 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 has the unconditional right to utilize the Funds provided by the bid bond posted by the Bidder as a means of obtaining indemnification or payment of such damages . FOURTH: During the performance of this Agreement, the Contractor hereby agrees as Follows: 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 of age, race, creed, color, sex, marital status, national origin or physical disability . Such action shall be taken with reference, but not be limited to: recruitment, employment, ,job assignment, promotion, upgrading, demotion, transfer, layoff, or termination, rates of pay , or other Forms of compensation, and selection For training or retraining, including apprenticeship and on- the-,job training . . b . The Contractor shall comply with the provisions of Sections 290 through 301 of the Executive C-2 Law, shall Furnish all information and reports deemed necessary by the State Commission For Human Rights under these nondiscrimination clauses and such sections of the Executive Law, and shall permit access to his books, records, and accounts by the State Commission For Human Rights , the Attorney General , and the Industrial Commissioner For purposes of investigation to ascertain compliance with these nondiscrimination clauses and such sections of the Executive Law and Civil Rights Law . 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 . d . No laborer, workman or mechanic in the employ OF the Contractor or subcontractor shall be permitted or required to work more than eight hours in any one calendar day , or more than five days in any one week except as otherwise Provided in Labor Code Section 220 . e . The Contractor shall include the provisions of clauses (a) through (e) in every subcontract or purchase order in such a manner that such r Provisions lUill 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 such provisions of such subcontract or purchase order as the Town may direct , including 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 ,point bid each party thereto certifies as to its own organization, under penalty of perjury that to the best of his knowledge and belief: a . The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement: For the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor . 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 . 2 . 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-'f i which requirements are a part of this response, and that it or they will accept in Full compensation therefore, the compensation provided for in Section C-3 . 3 . The undersigned submits herewith a bid guaranty within the form provided by the applicable bid documents in the amount of $100 , 000 . 00 For any option or combination thereof . In the event this proposal is accepted , and the undersigned Fails , Within ten ( 10) calendar days after date of receipt of Notice of Award from the Town to execute and deliver an Agreement in the Form provided by the Iown or Fails to execute and deliver evidence of proper insurance coverage and performance bond in the amounts required and in the prescribed Form within ten ( 10) days after Notice of Award, the bid guaranty shall be forfeited and be retained by the Town toward the satisfaction of liquidated damages and not as a penalty . Otherwise , the total amount OF bid guaranty will be returned to the Bidder . `i . The undersigned acknowledges the receipt of the • Following addenda, but it agrees that it is bound by all addenda whether or not listed herein and whether or not actually received , it being the Bidder 's responsibility to receive and have knowledge of all addenda . ADDENDUM NUMBER AND DATES Number 1 - Dated: Number 2 - Dated: Number 3 - Dated: Number q - Dated: Number 5 - Dated: ------ S . The Bidder has completed the Contract Bid Form and Unit Price Bid Schedules in both words and numerals in accordance with these bid requirements . w C-S 3 ,0 UNIT PRICE BID SCHEDULE SOLID WASTE HAUL-DISPOSAL SERVICES SOUTHOLD TOWN, NEW YORK 3 . 1 COMPENSATION The undersigned hereby submits the Following price bid to Furnish Solid Waste Haul-Disposal Services, to Southold Town, New York For the terms; July 10, 1994 through July 9, 1999 . HAUL-DISPOSAL SERVICES The Haul-Disposal Service Applicable Unit price per ton For agreement year 19911-1995 is Sixty Four dollars and Eighty cents Cs 64.80 ) . CCl) • The Haul-Disposal Service Applicable Unit price per ton For agreement year 1995-1996 is _ Sixty Four dollars and Eighty cents C$ 64.80 ) , CC2) The Haul-Disposal Service applicable unit price per ton For agreement year 1996-1997 is =sixty Six dollars and Seventy Four cents C$ 66.74 ) , (C3) The Haul-Disposal Service applicable unit price per ton For agreement year 1997-1998 is ___Sixty Eight _ dollars and Seventy Four cents C$ 68.74 ) . (C'3) The Haul-Disposal Service applicable unit price per ton For agreement year 1998-1999 is Seventy • dollars and Eighty cents Cs70.80 _) , (CS) C-6 3 .2 EVALUATION UNIT BID PRICE FORMULA Evaluation Unit Bid Price= (C1 ) 12 , 000+CC2) 12 , 000+(C3)12, 000+ .SCC`t) 12 , 000+ .SCCS) 12, 000 564.802 X64.801 _166"741 __-68_74 _ 70_80 88, 000 tons Evaluation Unit Bid Price =$ 66.52 The evaluation unit bid price Formula is designed to evaluate years Four and Five at .5 the evaluate of each of the First three C3) years . 127-50 Northern Blvd. �- Flushing, New York 11368 Bidder A& Firm rporation Address By : May 26, 1994 _ A orized Representative Date • C-7 't .0 BID SECURITY ACKNOWLEDGEMENT I have attached the required bid security to this bid . S .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 main office and the main office of parent companies ( if applicable) and Certified Statements of Ownership (Schedule B , attached hereto) . C . Identification of Surety Company and its Agent, and written certification from the Surety verifying the bond specified herein will be provided (Schedule C, attached hereto) . D . Identification of all currently registered parent bidding subsidiary corporate officers, and their addresses, and identification and certification of offices authorized to execute an Agreement on behalf of the firm CSchedule 17, attached hereto) . E. Detailed financial statement for the Bidder, and if applicable, for parent companies (Schedule E, attached hereto) . F . Statement of Bidder 's Qualifications and related experiences CSchedule F, attached hereto) . G . Magor Subcontractors - (Schedule G, attached. hereto) . H . Equipment - (Schedule H, attached hereto) . I . Maximum Specified Capacity - (Schedule I , Attached hereto) . C-8 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 : _May 'l6, Name of Bidder: TULLY CONSTRUCTION CO. INC________ _ Address of Bidder: 127-50 Northern Blvd. Flushing, New York 11368 Vice President By : tura Title . ter K. Tully Cerperate Seal ( IF a Corporation) Incorporated under the laws of the State of New Ynrk Names and addresses of officers of the corporation: Kenneth Tully 59 Colonial Drive Plandome, NY 11030 (President) Name Address Peter K. Tully 4 Shady Meadow Lane, Muttontown, New York 11791 (Secretary) Name Address (Treasurer) Name Address CIF an individual or partnership) Names and addresses of all principals or partners C-9 SCHEDULES I i NOTE: FAILURE TO COMPLETE ANY OF THESE INFORMATIONAL FORMS MAY BE THE BASIS FOR THE OWNER IN ITS SOLE DISCRETION TO DECLARE THE BIDDER SUBMISSIONS INfFORMAL 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 INFORMATION SCHEDULE A Town of Southold Bid Project Solid Waste Haul-Disposal Services This Bidder Tully Construction Co_ Inc_ 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 : Tull iConstruction Co. Inc. -- r----- ------ Peter K. Tully - - Date: _'-day 26, 1994 (Authorized nature) NOTE: (1) IF blank not applicable, Fill in with N/A (2) If bidder owes the Town taxers or, is involved in any litigation, a statement of explanation will be attached hereto . Tax/Litigation Certification Schedule S .O .A BID (PROPOSAL) FORM INFORMATION SCHEDULE B Town of Southold Bid Project Solid Waste Haul-Disposal Services The Following is information on the undersigned Bidder 's office locations- Bidder ' s Parent Bidder 's Main Office Corporation Main OFFice 127-50 Northern Blvd. Flushing New Ygrk 11368__-- _— _—__ -- -- ------ ------- Manager 's Name (Contact) Manager 's Name (Contact) Tully Construction Co. Inc. ------------------- -------- ----- Firm 's Legal Name Parent Firm 's Legal Name - 127-50 Northern Blvd. • Flushing, New York 11368 ----- Street Address (Box Numbers) Street Address (Box Numbers)— Flushing, New York 11368 City State Zip — City State Zip (718) 446-7000 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 Schedule S .O .B Certification Page 1 of 2 BID (PROPOSAL) FORM i TNFORTIATION SCHEDtJL.F B - ronrinu�d) Name of Bidder : Tully Construction Co. Inc. By : _Peter K.—Tully May Date: Y 26, 1994 • Note: (1 ) Any attachments or modifications to this Form shall be labeled Schedule S .O .B, and be property integrated into the Bid Form . (2) IF blank not applicable, Fill in with N/A Bidder OFFice Location/Ownership Schr11 tir CertiFication Page 2 of 2 BID (PROPOSAL) FORM i INFORMATION SCHEDULE C See Bid Bond Town of Southold Bid Project Solid Waste Haul-Disposal Services This is identiFication that ___ will be the Surety Company For _________________________________, the Bidder , on this project and that the named Surety Company herein provides written certification that the named Surety Company will provide the PerFormance Bond, speciFied in the Contract Documents , in the event the Bidder enters into an Agreement with the Town . The Surety Company herein certiFies that such Company is licensed to do business in the State of New • York . _ _(L .S . ) Principal (Seal ) Surety Company By : Surety verification Schedule 5 .O .0 BID (PROPOSAL) FORM INF'DRMHTION 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 authority to execute an Agreement on behalf of the firm Officer ' s Name Kenneth_T_ully_-- Officer 's Name_____ Subsidiary Parent Corporate Title President Corporate Title Address 59-Colonial Drive _ __—_— Address_—_ • C i ty Plandome, NY 11030 =State, Zip__ New York 11030 State, Zip Officer 's Name Peter K. Tully _ Officer 's Name Subsidiary Vice President 3c Parent Corporate Title Sprrptarry Corporate Title Address 4 Shady `Meadow Lane Address City_ Muttontown `— City State, Zip— New York 11791 —_ State, Zip Officer 's Name Officer's Name Subsidiary Parent Corporate Title _— Corporate Title Address _ Address City------- ---------- City_ State, Zip --_--_— State, Zi Current Corporate Officers Schedule S .O .D BID (PROPOSAL.) FORM Page 1 of 2 i i INFORMATION SCHEDULE 0 - (Continued Officer 's Name_N/`°'_____ Officer 's Name____ Subsidiary Parent — Corporate Title Corporate Title.....____-___ Address _ Address City-------------------------- City------------------ State , Zip— -------`_-- State, Zip__ Name of Bidder: Tully Cons tr ction Co. Inc. Peter K Tully Corporate By : —_ __— Seal Date: _ May 26, 1994 NOTE: If blank not applicable , fill in with N/A Current Corporate Officer Schedule 5 .0 .13 BID (PROPOSAL) FORM Page 2 of 2 TNFnRMATION SCHEDUL.F F 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 Statement(s) including as a minimum the Firms opinions , notes, revenue/expense statements, conditions of cash, etc . The attached statement provided includes: Accounting Firm Name_> �r� !/(ilvt Address���� Financial Period . 2� To _—_— • Statement Date 2 . The bidder certifies that he currently. has an available line of credit in the amount or $ _ A supporting documentary evidence atta ed 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 Schedule 5 .0 . E BID (PROPOSAL) FORM Page 1 of 2 INFORMATION SCHEDULE E - (continued) S . 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 May 26, 1994 This 26 day of May_ 9`t _ Tully Coust1S1�Linn --- Name of r� Vice President -------- ---- Iitl State of New York , County of —queens Peter K. Tully _ -- being duly sworn deposes and says that he is Vice President of Tully Construction Co. Inc. 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 26__ day of _May 1994 . BRUNO A.AGOSTI Notary public,State of New York No.4768827 _— ouai'rfiedinSufiok,County Notar commission Expires Oct 31.1994 My Commission expires NOTE: ( 1 ) (Bidder may submit additional information if desired as Schedule E attachments . ) (F) If blank not applicable , fill in with N/A Bidder ' s Financial Condition 0jch�di.ilr E ,[_l ,_F: BID (PROPOSAL) FORM Page 2 of 2 TULLY CONSTRUCTION CO. INC. CONSOLIDATED FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31, 1993 AND 1992 • • TULLY CONSTRUCTION CO. INC. YEARS ENDED DECEMBER 31, 1993 AND 1992 TABLE OF CONTENTS Page Independent auditors' report I Financial statements: Consolidated balance sheet 2 Consolidated statement of operations 3 Consolidated statement of cash flows 4 Notes to consolidated financial statements 5 _ g Independent auditors' report on supplementary information 9 Supplementary information to financial statements: Schedule of contracts in progress 10 Schedule of earnings from contracts 11 Schedule of general and administrative expenses 12 • • CERTIFIED PUBLIC ACCOUNTANTS VINCENT PANE=ERI. C.P.A. s EVEN KAYE,C.P.A. TEL (516) 754-0505 JOHN CHEEK. C.P.A. FAX (516) 754.0192 Stockholders and Board of Directors Tully Construction Co. Inc. We have audited the accompanying consolidated balance sheets of Tully Construction Co. Inc. as of December 31, 1993 and 1992, and the related consolidated statements of operations and retained earnings, and cash flows for the years then ended. These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Tully Construction Co. Inc. as of December 31, 1993 and 1992, and the results of its operations and its cash flows for the years then ended in conformity with generally accepted accounting principles. • April 22, 1994 1 TULLY CONSTRUCTION CO. INC. CONSOLIDATED BALANCE SHEET ASSETS 1993 1992 Current assets Cash $ 396,869 $ 45,007 Accounts receivable 20,080,932 12, 126,803 Costs and estimated earnings in excess of billings on uncompleted contracts 287,556 459,876 Marketable securities (market value: 1993 - $1, 169,367; 1992 - $2,401,340) 1,089,004 2,207,422 Notes receivable - officers and employees 79,794 180,950 Notes receivable - other 100,000 Advances/investments in affiliates 938,198 753,509 Prepaid expenses 447,554 151,218 Other current assets 203.894 283.029 Total current assets 23,523,801 16,307,814 Property and equipment - net of accumulated depreciation 4,779,697 4,017,943 Investments in, real estate 273.323 273.323 Total $28.576.821 120.599.080 LIABILITIES AND STOCKHOLDERS' EQUITY Current liabilities Accounts payable $13,487,668 $ 9,077,948 Accrued expenses 626,284 1,263,773 Advances - Willets Point Asphalt Corp 256,913 Notes payable - current 3,088,226 2,821,563 Billings in excess of costs and estimated earnings on uncompleted contracts 1,507,209 120,348 Deferred income taxes - current 310.000 280.000 Total current liabilities 19,276,300 13,563,632 Long term liabilities Notes payable, less current portion 709,775 998,852 Subordinated loans - stockholder 1,820,000 580,000 Due to consolidated joint venture minority interest 54.672 355.840 Total liabilities 21.860.747 15.498.324 Stockholders' equity Common stock - no par value, authorized 200 shares, issued and outstanding 100 shares 10,000 10,000 Retained earnings 6.706.074 5.090.756 Total stockholders' equity 6.716.074 5.100.756 Total $28.576.821 $20.599.080 See notes to consolidated financial statements. 2 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 by this proposal , and that it is not acting as a broker on the behalf of others . To substantiate these qualifications , the Bidder offers the Following related information and references in order that the Town may evaluate the Bidder 's qualifications and experience . 1 . Bidder 's Legal Name: TULLY CONSTRUCTION CO. INC_ 2 . Business Address: _ 127-50_Northern Blvd. Street Flushing, New York 11368 City State Zip 3 . State incorporated: __ New York -- Year incorp . — 1978 — H . New York State; Business License No . : — — S . No . years in contracting business under above name: l6—yrs . 6 . Has Firm ever defaulted on a contract? Yes No X 7 . Gross Value - work under current contract : $ 7,,V�Qao- aao B . Number of Current Contracts: 9 . Brief description general work performed by firm: Qualifications Summary Schedule S .O .F BID (PROPOSAL) FORM Page 1 of 't INFORMATION SCHEDULE F - (Continued) 10 . Has firm ever failed to complete work awarded? Yes___ No_X_ If yes , attach support statement as to circumstances . 11 . Related Experience Reference (within previous 5 years) 11 . 1 Project Title: See a -He c ke a Owner 's Name: Address: Engineer: Address: Project Initial Start Date: _ Project Acceptance Date: _ Initial Bid Value: $________ Final Complete Project Value: $ __ Brief Project Description : 11 .2 Project Title: __ _ Owner 's Name: Address: Engineer: Address: Project Initial Start Date: __ Project Acceptance Date: Qualifications Summary Schedule 5 .0 .F BID (PROPOSAL) FORM Page El of 4 INFORMATInN SCHEOHLE F - . nonrinuF,i' Initial Bid Value: $ ------------- Final Complete Project Value: $ Brief Project Description: 11 . 3 Project Title: Owner 's Name: Address: Engineer : Address : • Project Initial Start Date: Project Acceptance Date: Initial Bid Value: $ Final Complete Project Value: Brief Project Description: Qualifications Summary Schedule S .O .F BID (PROPOSAL) FORM Page 3 of 4 INFORMATION SCHEDULE F - (Continued) 12 . Principal Firm Members ' Background/Experience (3 members minimum) . Attach current resumes as Schedule S ,O .F I supplement or give concise description by individual . Name of er: Tully Construction Co. Inc. By : ' Date: May 26, 1994 orized Signature) ter K. Tully NOTE: Any supplemental attachments or modifications to this Form shall be labeled Schedule S .O .F, and shall be properly integrated into this Bid Form . IF blank not applicable, Fill in with N/A • Qualifications Summary Schedule 5 ,n , F BID (PROPOSAL) FORM Page 4 of 4 • TULLY CONSTRUCTION CO. INC. GENERAL CONTRAC2'01?:3 PHONE 436.7000 137-50 NORTHERN BOULEVARD AREA CODE 718 FLUSHING. NEw PORK 11368 MUNICIPAL WASTE PROJECTS PERFORMED OR CURRENTLY IN PROGRESS 1 . Job: Our Job No. 91-109 $15,008.116. Contract No. S30510T Nassau County Sludge Loading, Transportation and Final Disposition of Sludge Material Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: County of Nassau 1 West Street Mineola, New York Project Manager: Joe Davenport (516) 535-4102 2. Job: Our Job No. 91-114 $446,556. Contract No. RSCSUPS92 Putnam County Sludge Cleaning, Reconstruction, Transportation and Disposal of Sludge Contaminated Sand in Bruster and Mayopac Waste Water Treatment Plants Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: New York City Department of Environmental Protection . 59-17 Junction Blvd. Elmhurst, New York 11373 Commissioner: Albert Appleton (718) 595-3269 l ULLY CONSTRUCTION CO. INC. 3. Job: Our Job No. 91-117 $2,288,707. Contract No. 91-92 (3 Year Contract) Rockland County Sludge I Transfer and Disposal of Sludge Cake f Disposal in Pennsylvania and Ohio Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: Rockland County 4 Route 340 Orangeburg, New York 10962 Executive Director: Ron Delo (91.4) 359-7111 4. Job: Our Job No. 92-121 $11,057,280. Contract No. PW #1 - 92 (3 Year Contract) Hempstead Waste Transfer, Processing & Recycling of Yard Waste Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: Town of Hempstead Dept. of General Services - Town Hall Hempstead, New York 11550 Commissioner: William McGrane (516) 378-4210 5. Job: Our Job No. 92-127 $650,000. Contract Orangetown Sludge Hauling and Disposing of Sewage Sludge Ash Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: Town of Orangetown Town Hall Orangeburg, New York 10962 Director of Sewers: Joseph H. Sullivan (914) 359-6502 l 'PULLY CONSTRUCTION CO. INC. 6. Job: Our Job No. 92-129 $263,500. Contract No. C-462 Sludge Management Services City of Long Beach, New York Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: City of Long Beach Department of Public Works Kennedy Plaza Long Beach, New York 11561 Robert L. Raab, P.E. (516) 431-1000 7. Job: Our Job No. 92-130 $1 ,784,428. Contract No. EF-9203-B Interim Disposal of Sludge from Yonkers Joint Wastewater Treatment Plant & New Rochelle • Wastewater Treatment Plant Contractor: Tully Construction Co. Inc./Hydropress N-Viro Services Inc., A Joint Venture 127-50 Northern Blvd. Flushing, New York 11368 Owner: Westchester County Department of Environmental Facilities New Rochelle, New York 8. Job: Our Job No. 92-131 $1,907,500. Contract Waste I.D. 7796 City of Stamford, Connecticut Dewatered Sewage Sludge Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: City of Stamford Bureau of Sanitation • 888 Washington Blvd. Stamford, CT 06904 Supervisor of Solid Waste Lou David (203) 977-5080 • TULLY CONSTRUCTION CO. INC. 9. Job: Our Job No. 92-132 $1 ,169,000. City of Glen Cove Sludge Management Services Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: City of Glen Cove Department of Public Works 100 Morris Ave. Glen Cove, New York 10. Job: Our Job No. 92-134 $13,407,747. . Blydenburgh Landfill Town of Islip, New York Construction of a perminant landfill closure cap, including but not limited to installation of gas migration systems, construction of a perimeter concrete swale, final grading and installation of monitoring wells. Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: Blydenburgh Landfill 440 Blydenburgh Road Islip, New York Executive Director: Peter Scully • TULLY CONSTRUCTION CO. INC. 11 . Job: Our Job No. 92-135 $11 ,364,405. Town of Oyster Bay Solid Waste Management Transfer Station Project No. TBI 92-593 Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: Town of Oyster Bay Dept. of Public Works 150 Miller Place Syosset, New York 11791 Commissioner: Karl Leopold, P.1=. • 12. Job: Our Job No. 92-140 $ 2,565,780. Town of Southhampton North Sea Landfill Construction and Closure of the Landfill Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: Town of Southhampton Southhampton, New York • 'PULLY CONSTRUCTION CO. INC. 13. Job: Job No. 856-26W $ 384,850. City of New York 26th Ward WWTF Furnish, Install & Operate a temporary dewatering system Contractor: AgOrganic, Inc. d/b/a Hydropress N-Viro Services 50 Dwight St. Hatfield, MA 01038 Owner: New York City Department of Environmental Protection 14. Job: Job. No. 880-26W $ 197,298. • City of New York 26th Ward WWTF Furnish, Install and operate a temporary Dewatering system Contractor: AgOrganic, Inc. d/b/a Hydropress N-Viro Services 59 Dwight St. Hatfield, MA 01038 Owner: New York City Department of Environmental Protection • TULLY CONSTRUCTION CO. INC. 15. Job: Our Job. No. 93-142 $8,006,000 Westchester County Long Term Sludge Management Services Putnam Valley, New York Contractor: Tully Construction Co. Inc. & AgOrganic, Inc. Joint Venture 127-50 Northern Blvd. Flushing, NY 11368 Owner: Westchester County Department of Environmental Facilities Michaelian Office Building 148 Martine Avenue White Plains, New York 10601 Att: Robert Matarazzo • 16. Job: Our Job No. 93-143 $ 29,500. A & A Landfill Staten Island Test Pits Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, NY 11368 Owner: Eder Associates 17. Job: Our Job No. 93-147 $ 161 ,152 Town of Islip Entrance Road Construction Contract No. IRRA 2A - 93 Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 • Owner: Town of Islip • TULLY CONSTRUCTION CO. INC. 18. Job: Our Job No. 93-149 $20,918,200 Contract 93G79 Babylon Landfill Cover Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: Town of Babylon Babylon, New York 19. Job: Our Job No. 93-150 $ 9,245,425,. Contract Phase I Palisades Center, West Nyack Route 50 • Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: The Pyramid Company of West Nyack 298 Route 59 West Nyack, New York 10994 4 Clinton Square Syracuse, New York 13202-1078 20. Job: Our Job No. 93-151 $ 2,000,000 Various Sewer Treatment Plants New York City Sludge Haul Contractor: Tully Construction Co. Inc. & DCR Trucking & Excavating Corp. 127-50 Northern Blvd. Flushing, New York 11368 Owner: New York City Department of Environmental Protection • 59-17 Junction Blvd. Elmhurst, New York 11373 Commissioner: Albert Appleton (718) 595-3269 • TULLY CONSTRUCTION CO. INC. 21 . Job: Our Job No. 93-152 $ 3,490,000 Town of Smithtown Contract No. RFP 93025 Kings Park Tire Recycling: Haul and Transfer Contractor: Tully Construction Co. Inc. & JLJ Recycling Contractors Corp. 127-50 Northern Blvd. Flushing, New York 11368 Owner: Town of Smithtown • • KENNETH W. TULLY 29 Miller Boulevard Syosset, New York 11791 EDUCATION 1976-1980 Holy Trinity High School, New York 1980-1984 Hofstra University, Hempstead, New York Bachelor of Arts Degree in Business Administration WORK HISTORY 1980-1986 Willets Point Contracting Corp. Worked on various Metropolitan Area construction • projects in the position of foreman and dispatcher of construction equipment. Worked with maintenance crews on preventative maintenance. 1986-1988 Willets Point Contracting Corp. Worked at the Town of Oyster Bay Transfer Station on the Town of Oyster Bay Project to transport and dispose of municipal solid waste to out of state landfills. Duties included supervising the loading and dispatching of all equipment to out of state landfills. Contract amount $60,000,000. 1988 - Tully Construction Co. Inc. Present Field Superintendent for all solid waste operations coordinating all solid waste projects including landfills and transfer stations. • TIMOTHY MOYER 628 Golf Terrace Union, New Jersey 07083 (201) 687-2672 EDUCATION: 1979 Temple University, Philadelphia, Pa. B.A. in Chemistry WORK EXPERIENCE: Tully Construction Co. Inc. 1988-present Supervisor of a long haul trucking operation. The operation involves hauling solid waste from various transfer stations in the New York City area to different landfills throughout the Eastern United States. Willets Point Contracting Corp. • 1986-1988 Plant Superintendent to supervise a 24 hour per day solid waste transfer station. The transfer station combined a 1200 ton per day baling operation with an open top trailer loading area. The trailers were loaded for disposal at different landfills in Pennsylvania. Hackensack Meadowlands Development Commission. 1980-1986 Maintained a 2,000 ton per day solid waste baling facility. Familiar with all forms of plant maintenance with specialization in high pressure hydraulics. Served as shop steward of 58 men for two years. Assisted in contract negotiations as shop steward. Atlantic Cement Co. 1979-1980 Dealt with different forms of loading and transportation of Portland Cement. REFERENCES: Furnished upon request. • THOMAS TULLY 18 Evon Drive, Syosset, New York 11791 EDUCATION: High School 1970-74 LaSalle Military Academy, Oakdale, N.Y. College 1974-79 Manhattan College, Bronx, N.Y. Engineering 1978-80 Nassau Community College, Garden City, N.Y. Accounting Continuing Education Sanitary Landfill Leachate and Gas Management Units University of Wisconsin at Madison Sanitary Landfill Operation and Management University of Wisconsin at Madison Landfill Design: Conceptual Design Operations and Monitoring University of Florida WORK EXPERIENCE • Transregional Consulting Coro. 1974-75 Transit Operator: lay out work on numerous construction sites; LaGuardia Airport, Queens, N.Y. West Shore Expressway, Staten Island, N.Y. Precast Conduit Inc. 1976 Lab Technician: Test concrete for prestressed concrete I-Beams Concrete Conduit Inc. 1977 Lab Technician: Test concrete for prestressed concrete I-Beams Willets Point Contracting Corp. 1978-83 Foreman on numerous heavy construction job sites. Assistant supervisor on numerous heavy construction sites including reconstruction of Francis Lewis Blvd., Contract Amount: $ 14,700,000.00 and Service Roads North River Pollution Plant Contract amount $3,500,000.00 1983 Supervisor on Battery Park City Project, including installation of waterfront, esplanade and granite walls. . Contract amount: $4,000,000.00, and Queens College Access Roads and Parking Lots, Contract Amount: $ 4,000,000.00 . THOMAS TULLY Profile Electric Inc. 1983-85 Supervisor for project to install IMUS ►traffic control system in various locations in Brooklyn, N.Y. Contract amount $25,000,000.00 Willets Point Contracting Corp. 1985-90 Supervisor on the projectto reconstruct Classon Ave. and Franklin Ave. Brooklyn, N.Y. Project included new sewers, water main, drainage, sidewalk, curbs, base concrete and asphalt pavement. Contract amount $14,000,000.00 1986-87 Supervisor on a Solid Waste Disposal (Project the for Town of Oyster Bay, N.Y. The job entailed coordinating all operations at various landfills in the states of Pennsylvania and Ohio and the trucking operations to various landfills and incinerators. This project included the construction of a transfer station to handle 2,500 tons per day of solid waste. The transfer station was a 40,000 square foot modern bailing facility with the capability to . recycle waste. It also included the installation and maintenance on three 1041 HRB Balers, two each 950 Caterpillar Payloader, two each 560 Dresser Payloaders, 100 each Flat Bed Trailers and 25 each Pushout Steel Trailers (85 cubic yards) for 2.5 years. Additionally, we disposed of nearly 40,000 tons of incinerator ash before it was shut down by the Department of Environmental Conservation in 1987. Contact Amount: $ 60,000,000.00 1987-90 Director of Solid Waste Division of Willetts Point Contracting Corp. coordinating both the Oyster Bay Project and the Bergen County Project. Willets Point/Tully Construction, Joint Venture also operated the Bergen County Utilities Authority transfer station in Lyndhurst, New Jersey. Willets Point was contracted to supply all personnel and equipment to operate the temporary transfer station until the County was able to complete the new transfer station. This transfer station was operated for 8 months, handling up to 4,500 tons daily of municipal solid waste, for the residents of Bergen County. Our personnel operated five Dresser 560 Payloaders, sometimes 24 hours a day to dispose of the County's waste. Also, the Willets/Tully Joint Venture, jointly with other partners, contracted with Laidlaw Waste Systems for the hauling • and disposing of solid waste from Bergen County Utilities Authority during the same period. Contract Amount: $ 50,000,000.00 • THOMAS TULLY 1990 - Present Tully Construction Co. Inc. Vice President Solid Waste Division: estimating and coordinating all solid waste projects including landfills and transfer stations. Projects included: 1 - Disposal of sludge for Nassau and Rockland Counties and Long Beach, Long Island. 2 - Recycling of yard waste for Hempstead, Long Island Projects pending award: 1 - Recycling of sludge for Nassau and Westchester Counties 2 - The recycling of co - mingled waste for Tompkins County, New York. 3.- Transportation and disposal of incinerator ash for New York City Certified Landfill Manaaer and Operator by the Solid Waste Association of North America, formerly known as Governmental Refuse Collection and Disposal Association. Vice President of Operations Ashland Management Corp. Managing General Partner of Cannonsburg Environmental Associates which operates and manages the Cooksey Brothers Landfill in Ashland, Kentucky. In charge of all operations at the landfill including the design and construction of cells C and B to meet Kentucky's Interim Standards and the design of Cell A which will meet Kentucky's new regulation which go into effect in July of 1995. Work includes: Drainage Leachate Collection Clay Installation Final Closure (Northern Section of Cell C) Silt Pond • Gas Venting System Installation of Ground Water Monitoring System. WORK EXPERIENCE OF THOMAS J. EAGENS 25 Cross Road Cordandt Manor, N.Y. 10566 19141 736-9028 Jan. 1992 to Tully Construction Co. Inc. Present 127-50 Northern Blvd. Flushing, N.Y. 11368 Project Superintendent on an $8,000,000 + combined & overflow box culvert sewer project, Hazen St.,Queens for N.Y.C. D.E.P. • Dec. 1990 to J&L Concrete Construction Corp. Jan. 1992 550 Franklin Ave. Mt. Vernon, N.Y. 10550 Project Superintendent on the following projects: 1) $9,200,000 Sitework Project for the NYCDOC Floating Dentention Facility at Hunts Point, N.Y. 2) Reconstruction of an Aircraft Parking Facility at Stewart Airport. $1 ,800,000 NYSDOT project. 3) Rock Crushing Operation at the West New York Wastewater Treatment Facility. Aug. 1984 to The Briar Contractina Corp. Dec. 1990 5 Corporate Drive Peekskill, N.Y. 10566 Project Superintendent on the following projects: 1) Construction of a Double and Triple Liner System for New Landfill at the Smithtown Landfill, Kings Park, N.Y. The $12,500,000 Project was completed in 14 weeks, 1 week ahead of schedule. • THOMAS J. EAGENS 2) The Permanent Cover of Slopes at the Fresh Kills Landfill, Staten Island, N.Y. consisting of a Clay Cap Gas Venting System, Drainage Swales, Landscaping, etc. The Project Value was $8,500,000. 3) A $2,900,000 Highway Construction Project on Rte. 9W in Rockland County for NYSDOT. 4) Construction of $5,500,000 of Access Roads, etc. at the NYCDOS Edgemere Landfill. 5) Completed a $4,850,000 Earth Moving Project lin excess of 700,000 cy) in 58 days, 30 days ahead of schedule, for NYCDGS at Rikers Island. 6) The Reconstruction of Hugonaut Ave., Staten Island, for the NYCDOT. A $7,500,000 Project. 7) Construction of a $13,500,000 Railroad Station for the City of White Plains, IN.Y. 8) The Construction of a $7,000,000 Dredge Disposal Pilot Program for NYCDO'S at Staten Island. 9) Construction of Seven Deep Well Pump Stations for the Rockland County, N.Y. Sewer District at the cost • of $2,800,000. 10) The Construction of a $4,500,000 Bulkhead/Seawall at Great Kills Harbor, Gateway National Park, Staten Island. 1983 to Bellino Construction Co. Inc. Aug. 1984 745 Nepperhan Ave. Yonkers, N.Y. 10701 Acted as the Project Superintendent on the Construction of the Sprout Brook Ash Disposal Site for the County of Westchester, N.Y. 1981 to Rossi Brothers, Inc. 1983 27 Columbus Ave. Mount Kisco, N.Y. 10549 The Project Superintendent on two NYSDOT Projects in Westchester County, N.Y. 1963 to Acted as the Project Superintendent on several projects 1981 in the NYC Metropolitan Area after having served three years in the Corps. of Engineers, U.S. Army. INF-ORNtITION SCHEDULE A Town of Southold Bid Project Solid Waste Haul-Disposal Services The Bidder hereby states that it proposes , if awarded an Agreement to use the Following haul subcontractors on this project . Subcontractor/ Contract Trade/ Individual Address Phone # Specialties 2 . 3 . H . • 5 . --------- --- — ---- 6 . 7 . 8 . 9 . 10 . Name of B ' r : Tully Construction Co. Inc. By • __ Date May 26, 1994 horized Signature) ter K. Tully NOTE: IF blank not applicable, Fill in with N/A • Subcontractors Schedule 5 .0 .6 BID (PROPOSAL) FORM t INFORMATION SCHEDULE H Town of Southold Bid Project Solid Waste Haul-Disposal Services The Bidder states that it owns the following pieces of equipment that are available for use on the project , if awarded the agreement . Proposed Current Equipment Item Project Use Equipment Location Name of Bid Tully Construction Co. Inc. By :oatch�nents Date: May 26, 1994 NOTE : Any supplemental or modifications to this Form shall be labeled Schedule S .O . H and shall be properly integrated into the Bid Form . . If blank not applicable, fill in with N/A Construction Equipment Schedule S .O .H BID (PROPOSAL) FORM TULLY CONSTRUCTION CO. INC. TRACTOR FLEET _ UNIT YEAR MFGR. TYPE TAG NO. I. D. ORS 1 1991 WHITE GMC OVER-ROAD TRACTOR NY-PD4108 ORS 2 1991 WHITE GMC OVER-ROAD TRACTOR NY-PD4109 ORS 3 1991 WHITE GMC OVER-ROAD TRACTOR NY-PD4110 ORS 4 1991 MACK OVER-ROAD TRACTOR NY-PD4111 ORS 5 1991 MACK OVER-ROAD TRACTOR NY-PD4112 ORS 6 1991 MACK OVER-ROAD TRACTOR NY-PD4113 ORS 7 1992 PETERBILT OVER-ROAD TRACTOR NY-PD8636 ORS 8 1992 WHITE GMC OVER-ROAD TRACTOR NY-PD9187 ORS 9 1992 WHITE GMC OVER-ROAD TRACTOR NY-PD9188 ORS 10 1992 WHITE GMC OVER-ROAD TRACTOR NY-PD9189 ORS 11 1992 WHITE GMC OVER-ROAD TRACTOR NY-PD9190 ORS 12 1993 PETERBILT OVER-ROAD TRACTOR NY-PP4849 ORS 13 1993 PETERBILT OVER-ROAD TRACTOR NY-PP4854 ORS 14 1993 PETERBILT OVER-ROAD TRACTOR NY-PP4852 ORS 15 1993 PETERBILT OVER-ROAD TRACTOR NY-PP4851 ORS 16 1993 PETERBILT OVER-ROAD TRACTOR NY-PP4853 ORS 17 1993 PETERBILT OVER-ROAD TRACTOR NY-PP4850 ORS 18 1993 PETERBILT OVER-ROAD TRACTOR NY-PP4930 ORS 19 1993 PETERBILT OVER-ROAD TRACTOR NY-PP4931 ORS 20 1993 PETERBILT OVER-ROAD TRACTOR NY-PP4932 ORS 21 1993 PETERBILT OVER-ROAD TRACTOR NY-PP4933 ORS 22 1988 PETERBILT OVER-ROAD TRACTOR PA-AB21526 ORS 23 1988 FREIGHTLINER OVER-ROAD TRACTOR PA-AB22522 ORS 24 1989 FORD OVER-ROAD TRACTOR PA-AB22485 ORS 25 1990 MACK OVER-ROAD TRACTOR PA-AB15468 ORS 26 1989 VOLVO OVER-ROAD TRACTOR PA-AB22523 ORS 27 1989 FREIGHTLINER OVER-ROAD TRACTOR PA-AB22562 ORS 28 1989 FREIGHTLINER OVER-ROAD TRACTOR PA-AS22521 ORS 29 1988 KENWORTH OVER-ROAD TRACTOR PA-AS22559 ORS 30 1988 KENWORTH OVER-ROAD TRACTOR PA-AB22560 ORS 31 1989 FORD OVER-ROAD TRACTOR PA-AB22484 S 1 1983 MACK TRACTOR NY-TV8164 S 2 1977 WHITE TRACTOR S 3 1988 KENWORTH TRACTOR S 4 1988 KENWORTH TRACTOR TULLY CONSTRUCTION CO. INC.. TRAILER FLEET UNIT I YEAR MFGR. TYPE TAG N0. . I. D. S 100 1991 EAST FRMLS DUMP TRLA NY-62944U S 101 1991 EAST FRMLS DUMP TRLA NY-63482U S 102 1991 EAST FRMLS DUMP TRLA NY-62945U S 103 1991 EAST FRMLS DUMP TRLA NY-63115U S 104 1991 EAST FRMLS DUMP TRLA NY-62946U S 105 1991 EAST FRMLS DUMP TRLA NY-62947U S 106 1991 EAST FRMLS DUMP TRLA NY-634850 S 107 1991 EAST FRMLS DUMP TRLA NY-63484U S 108 1991 EAST FRMLS DUMP TRLA NY-63483U S 109 1991 EAST FRMLS DUMP TRLA NY-6365OU S 110 1991 EAST FRMLS DUMP TRLA NY-63651 U S 111 1991 EAST FRMLS DUMP TRLA NY-63486U S 112 1991 EAST FRMLS DUMP TRLA NY-63487U S 113 1991 EAST FRMLS DUMP TRLA NY-63488U S 114 1991 EAST FRMLS DUMP TRLA NY-6359OU S 115 1991 TI-BROOK FRMLS DUMP TRLA NY-77301T S 116 1991 TI-BROOK FRMLS DUMP TRLA NY-77300T S 117 1991 EAST FRMLS DUMP TRLA NY-15816E S 118 1991 EAST FRMLS DUMP TRLR NY-15815E S 119 1993 EAST FRMLS DUMP TRLA NY-14843E S 120 1993 EAST FRMLS DUMP TRLA NY-14842E S 121 1993 TI-BROOK FRMLS DUMP TRLA NY-14841E • S 400 1988 EAST WALKING FLOOR NY-15966E S 401 1988 EAST WALKING FLOOR NY-15872E S 402 1988 EAST WALKING FLOOR NY-15965E S 403 1988 EAST WALLING FLOOR NY-15972E S 404 1988 EAST WALKING FLOOR NY-15971E S 406 1988 EAST WALKING FLOOR NY-15970E S 407 1988 EAST WALKING FLOOR NY-15973E S 408 1988 EAST WALKING FLOOR NY-15873E S 409 1988 EAST WALKING FLOOR NY-15967E S 410 1988 EAST WALKING FLOOR NY-15969E S 411 1988 EAST WALKING FLOOR NY-15968E S 412 1993 STECO WALKING FLOOR NY-11782F S 413 1993 STECO WALLING FLOOR NY-11789F S 414 1993 STECO WALKING FLOOR NY-11785F S 415 1993 STECO WALLING FLOOR NY-1178OF S 416 1993 STECO WALKING FLOOR NY-11779F S 417 1993 STECO WALKING FLOOR NY-11781F S 418 1993 STECO WALKING FLOOR NY-11784F S 419 1993 STECO WALKING FLOOR NY-11783F S 420 1993 STECO WALKING FLOOR NY-11786F S 421 1993 STECO WALKING FLOOR NY-11787F S 422 1993 STECO WALKING FLOOR NY-11788F S 423 1993 STECO WALKING FLOOR NY-11778F S 424 1993 STECO WALKING FLOOR NY-1179OF S 425 1993 STECO WALKING FLOOR NY-11793F S 426 1993 STECO WALKING FLOOR NY-11791 F S 427 1993 STECO WALKING FLOOR NY-11794F S 428 1993 STECO WALKING FLOOR NY-11782F S 429 1989 PATRIOT WALKING FLOOR NY-11794F TULLY CONSTRUCTION CO. INC. TRAILER FLEET _ UNIT YEAR MFGR. TYPE TAG NO. L D. S 430 1989 PATRIOT WALIQNG FLOOR NY-11795F S 431 1989 PATRIOT WALING FLOOR NY-11796F S 432 1988 PATRIOT WALI4NG FLOOR NY-11797F S 433 1988 EAST AU<ING FLOOR NY-11798F • NFnRMATION SCHEDULE i Town of Southold Bid Project Solid Waste Haul-Disposal Services The Bidder hereby states that it will be prepared to dispose of up to the following Maximum Specified Yearly Capacities in tons of Town of Southold solid waste if awarded an Agreement Contract Year Maximum Tons per Contract Year 199't-1995 15,000 _tons 1995-1996 15,000 tons,__ 1996-1997 _ 15,000 tons 1997-1998 _15,000 tons__^__ . 1998-1999 _l50 tons Name of B' er: _ TULLY CONSTRUCTION CO. INC. __^_ By , I-- _ _ Date: May 26, 1994 K. Tully Maximin Specified Capacity Schedule S .O . I BID (PROPOSAL) FORM Resource Conservation Corp. R. D. #1, Box 305 A Wholly Owned Subsidiary of Caimbrook, PA 15924 40 MID-AMERICAN WASTE SYSTEMS, INC. Phone(814) 754-4587 FAX(814) 754-4598 ROW May 23, 1994 Mr. Kenneth Tully Tully Construction Co. 127-50 Northern Blvd. Flushing, NY 11368 RE: Town of Southold Dear Mr. Tully: This letter is to confirm that Resource Conservation Corp..., located at RD #1, Box 305, Cairnbrook, PA 15924, has the ability and desire to provide disposal capacity to Tully Construction for the sole purpose of disposing the Town of Southold's Municipal Waste into our "Waste Management Facility", as per the May 1994 proposal. This volume is not to exceed 1.5,000 tons per year without written approval from the General Manager of the RCC facility. This estimated yearly tonnage amount will be honored during the life of the contract should Tully Construction be the successful bidder. All deliveries will be subject to the rules and regulations relating to and contained in the Solid Waste Permit issued by the Pennsylvania Department of Environmental Resources. Should you have any additional questions., please feel free to contact this office at your convenience. Sincerely, Brian W. Grace Vice-President and General Manager cc: File I. GENERAL A. Disposal Sit Location Name: Shade Township Waste Management Facility Address: RD #1, Box 305 Cairnbrook, PA 15924 Phone: (814) 754-4587 B. Disposal Site mailing address (if different) Same I1: CURRENT OPERATIONS A. Facility Operator 1 . Permittee: Resource Conservation Corp. 2 . Permit Number: PADER 101421 3 . State: Pennsylvania 4. Date of Issuance: August 26, 1991. 5. Date of Expiration: August 26 , 2001. 6. Portion of Solid Waste Permit is enclosed 7. Contact Person: Brian W. Gracey, Vice-President (814) 754-4587 B. Hours of Operation 1. What are the Permitted operation hours? DAY A.M. P.M. Monday-Friday 7:00 5:00 Saturday 7:00 12:00 Sunday C L 0 S E D 2. Are there any PERMITTED closure periods stipulated? No. 3 . What are the actual operation hours:? DAY A.M. P.M. Monday-Friday 7:00 4:00 Saturday 7:00 11:30 Sunday C L O S E D _ a. 4 . What Holiday or other periods is the Disposal Site typically closed? New Years YES Memorial YES Independence YES Labor YES Thanksgiving YES Christmas YES 5. Will the ACTUAL operation hours in Question II.8 . 3 be extended up to the PERMITTED operating hours in Question II.B. 1 in order to accommodate Town of Southold solid waste? yes, if necessary 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? NO C. What is the PERMITTED annual capacity in tons? Based on permitted daily average 1994 928,200 1995 928,200 1996 928,200 1997 928,200 1998 928,200 D. At the PERMITTED levels in Question II.C, what is the projected useful life in years? 13 years E. What is the annual RECEIVING level today? 624 ,000 F. At the RECEIVING levels in Question II.E, what is the projected useful life in years? 17 years G. How much of the RECEIVING level in Question II.E is committed under contract tons? 1994 2 ,000 1995 2,000 1996 2, 000 1997 2 ,000 1998 2,000 H. Doss the Disposal site have special waste restrictions fore 1. construction/Demolition No 2. Asbestos Yes Rcc does not accept friable asbestos 3. Wastewater Treatment Sludge Yes Form 43 requirements 4. Hazardous Waste Res RCC does not accept any hazardous waste T. Are there any existing Agreements with loam municipalities which prohibit: Item I. Routing to site HO 2. Weight limits between State Roads and site *0 3. Number of Vehicles NO . 4. Vehicle size NO S. Solid Waste Zmportsticn outside Jurisdiction Oreo NO G. most community Benefits YES M. MCPAWSTOW PLAWs A. None at the present time. B. Not applicable. c. Nat applicable. D. Not applicable. s. BLMMOs Disposal, sites) avirAw of Record CQA 263 Wast South street carlisle, PA 17013 a. Jeffrey Barnes (717) 2459100 • INFORMATION SCHEDULE J - (Continued) IV . ATTACHMENTS Attach copies of all permits required of the disposal site(s) and a copy of the agreement , performance bond and insurance between bidder and permit holder to use the disposal site(s) during the term of this Agreement . Are you willing to meet with the Town of Southold to discuss your short and long term disposal capabilities? Yes�_No —_- The undersigned hereby certifies that services , material , or equipment to be furnished as a result of this bid will be in Full accordance with Town of Southold specifications applying thereto unless exceptions are indicated above and an explanation attached . Bidding Company _ TULLY CONSTRUCTION CO. INC. -- Address 127-50 Northern Blvd. _— Flushing, New York 11368_-_— — City State Zip By Peter K. 5ully, Vice President (Please Pri Type) NAME AND TITLE Signature Phone No .. 18) 446-7000 Date— May 26, 1994 CORPORATE SEAL Bidder Solid Waste Disposal Site(5) Schedule S .O .J BID (PROPOSAL) FORM Page 7 of 7 RESOURCE CONSERVATION CORP. A Wholly Owned Subsidiary or MID . AMERICAN WASTE SYSTEMS OF PA, INC. Shade Township Waste Management Facility Solid Waste Permit No. 101421 R.D. #1, Box 305 YARD WASTE COMPOSTING Cairnbrock, PA 15924 SEWAGE SLUDGE (814) 754-4587 MUNICIPAL Serving Your Waste Disposal Needs RESIDUAL With Safe Cost-Effective Waste Mangement RECYCLING rhe Shade Township Waste Management Facility landfill,located in Shade Township,SomersetA County�s one oft�te`hewest and mostadvanced solid waste disposal facilities irrthsstawDDesfgniafo meetorexceed'" " state and federal guidelines,the facility will provide a safe means of dealing with solid wasteissuestyell into the next century. Resource Conservation Corp. is a company that is dedicated to sound community relations and, more importantly, it is a company that is commited to preserving the integrity of the environmeriL a, -u� aria r. . �.0= r_CLPIY DES CR E717nti: 5.03.1 Gerieral The _cllawing is a narrative description of the Resource COnsaY-rat_cn Carp Landfill, (which is a Subsidiary Company of v.d-P-mer_=an Waste Systems, Inc. ) �•03.' Resource Conserzation orn andfJ7 The Reser roe Ccrsarvaticr- Cc- Landfill (RCC) is located a t' c-_` c -.rmo=t .east of Cantral Ci rin Sc=erset Perms sylva __a. The Lan dell- and a-- =t;, facilities are nestled sec=-al_r in tte hills of the state' s Scuthe_-n Alleghenies Region a:-d isolated, visually and audibly, from densaly populated areas. By vi~ ze of its state-ef-tae-art - design, which, inc-=orates a double sy-mt-lietic liner system and a Gunseal cc-=osite; independent collection, `ansmission and treatment facilities for both leachate and groundwater; on- site cover material supplies; paved access roads; extensive starmwate_ management and erosion and sedimentation control facilities; a drained-impermeable capping system; a comprehensive plan for the mitigation of disturbed wetlands; and complete closure and post-closure plans, the RCC Landfill provides an ideal opportunity to dispose of municipal and residual solid waste in an envi--crmenta.11y safe facility. The design of the RCC Landfill was carefully developed over a' six (6) year period by a team of design professionals to ensure tyat its facilities would continue to F (� _unction in an 1 twenL7 . • _ •• ( 2^ ; years. - .^ C 's per-.__- was sued _ucust 26 .341 and becan raceivinc wasta on Auqust 31, 1992 . To further =eet this and, SCC has develc^.ed its er p' t =at _ Cp zt_-zc _ar_ �o incur_c_-tea c=prehensi-re and e:c'ransive mcn_tnrinc and safety procad;i=es Cr a== cza:_ty contrc1 and man_= -.c; craundwatar monk_ r L-Ic anc LrflZ==an i noise, 11==ar and vaator cantr�:l and abatas,=_I e=-', --vee =rainina; -_acenent and compact_en Of -waste mz=axials ; ccrst:sc:icn cal assurance; emergency Fra=arec-ass ; landfill Cas ca1'_ec=_cr. and f'-a_inc; scre_r_nc tesLinc a-_. moritcri_g of waste mauez'ials and ha.^.dli_^_C Of syeC iZl waStas. 1_ additi Ori, L:e L:d0 cn-slte t=aa�snt facilities s'-all be on _i_^.e by Gctcber 1992 c will put our _ Waste Ma:.acersent Facility in full onertien. -The Shade Township Waste Management Facility has a Permitted capacity of 13 million cubic yards with expansion capability in excess of 60 million cubic yards. The daily handling capacity of the Facility is 2, 000 tons per day with a pre-approved volume increase to 3, 000 tons per daY which could comfortably accommodate the ash/residue from the 1YYCDOS. Materials being disposed of on a daily basis at the landfill ara as follows: Municipal Solid Waste, Demolition Waste, Was Mewater Treatment Plant Residue (sewage) , Asbestos Containing Wastes, Petroleum Contaminate Soils, Watex— Zr—eataent ?-'rant Residue- (municipal) , Water Treatment Plant �: Residue (_.dustrial) , Foundry Waste, Flyash/Bottom Ash, Zn add_ ___._ Lc the above =eationed was--a szr=a=s , a ca;cr 1-e_—__` t modification • has been submitted c., the PeannsvIvania Department of Environmental Resources for anproval on numerous other waste materials . Tye following is a summary of the regulatory recuireme_^_ts applicable to the facility that is mandated by the Pennsylvania Dena_went of Z_.7iror=ental Resources: (a) Munic=al Waste Permit (101421) - Issued 08/26/91 er ires 08/26/2001 (b) Earth Dist,=bance Permit (5637803) Ch. 27� & Ch. 102 06/1.9/91 e=z'ires 06/19/5: (c) Water Cbstrlction and _=croac meat Permit C.haetar 105 Per=:it (256- 151) , Issued 06/19/91 e=i.rss 12/21/93 (d) NPDES Permit for rnderdrai.n and Leachate Treatment Facility (PA0097110) - Issued 08/25/91 No Ezpiration (e) BWQM Permit for Underdrain Treatment Facility (5687202) Issued, 08/26/91 ezpires 08/26/93r (f) BWQM Permit for Leachata Treataent Facility (5688201) (g) Air Quality Control - General Source Permit (56-305-042) Issued 12/31/91. Operating permit to expire 6/30/92. 2- Wetlands Permits: (a) Clean Water Act Section 404 Permit to place fill in wetlands (Carps of Engineers Permit No.. 88005.) Issued (signed) 02/11/91 ezpir*s ( - 12/31/2002 car-— (_50-15_, -__,L:ad ^u6,' :9/9. e--=;ras 12/Z1/93 (c) PA Code Chapter 102 Ccrpliarc_ _ Reviews of� Sail rosier,. and Sedimen= Control Plan (all mitigation areas) See: Ea='-b Distu=:ace Permit application No. 5687803 . (d) Clean Watar Act Sec=icn 401 water Qualit_T Car--ification (NN30) See Car of E_ci_esrs Peri,t 88005 . (e) Clear. ;Pater Act Secticn 404 Wetland Jurisdic=icn Confi=aaticns (all mitigation areas) See Corp of E:ginee=s Perait SSOos (f) Chapter 105 Dam Safety ?erml (Statler St. and J.T. Mitigation Sites) D56-118, 119, 120, 121) Issued 08/26/91, is wcrl is not initiated b? 12/31/91, pe--mit extensions will be ree--4-ed. (g) Bureau of Mining and Reclamation Authorization to Mire (Willie Will mitigation) (1-02700-56763036-02) (h) Bureau of Mining and Reclamation Water Obstruction and Encroacbment Permit (Willie Will mitigation) (4176SM4-E-1 and 56763036-E-1) (i) Bureau of Mining & Reclamation Surface Mining Permit (Willie Will mitigation) (30, 56763036) (j) Bureau of Mining & Reclamation Sazfaca Mining License (Willie Will mitigation) (1-02700) 3.. Shade Township Permits: Registration under Shade Township Ordinance #65 Ths. attached For= C e*n_dences that all regulatory ;:=I pplicable to the facilitl are inentity and damcns�ata RCC's credibility_ _`�- C:nSC�'ic Cir' . :S Z wac:ll cwnsd s*=—s _`7-C-ai id'-'?3er-Can Svasz:a EvsLa_ms ct P , IP,c. L. QTS, PRZS M=--/D33ECTC'R SS .293-54-2017 1CCE 'naliut Str_et, Cana? n—actestar, Cc 43110 mmml_S P. rzzzT'ml, SCE PR=S-DENT/SEG�z":^6?:/"Rr.�: Sa OZ73-52-2277 1CCE na'.nut St_eet, C_na_ Cc 43:10 SiM_ "fT�T1 V SS ==9 7-146-4146 1C C = 'nal:ut street, Cana_ 'n-.ctasta--, CH 43110 Dzzi_I=3 W. MARC3ZTT--, 73:C= 77's-_:-IT SS 178-36-6772 32--7GL*l Tcwer, 70; Grant S`..-'=s'_, P't_aburch, PA BP- =`r W. GPACEY, VICE PRES==--- SS ..-=152-46-4372 RD .1, Bax 305, Cai_—Brock, PA 1-5924 Mme- X=C2N WASTE STSTMSS, INC. 31-1-1 61917 x=-AwwZ=x WASTE SYSTEMS OF Pl,, INC. 25-1590671. PMCIIRCS COMSERVAT-TON CORP. 25-:L507985 R_:SOURCE CONSERVATION CORPORATION SIM Z TOWNS= WAST.' MANA� FACILITY i F - i -- _ � AT. T9'R jpFY7R'YATT02i� i - Municipal and Residual Solid Waste Facility Application Filed: February 26 , 1987 Pert Granted: August 26 , 1991 Total of 17 Federal, State and Local Pe:-its Site Acreage: 798.78 Acres Permitted Acreage: 703 . 92 Acres Permit ed Waste Disposal Area: 113 . 83 Acres Landfill Area A: 64.98 Acres Landfill Area B: 43 . 85 ?,Cres Permitted Airspace: 12 , 942,722 ye - Anticipated Life: Twenty (20) years mir..imum Permitted Daily volume: 2 ,000 Tons Daily Average 2,425 Tons Daily Maximum Pre-Approved Volume Increases: 3 ,000 Tons Daily Average 3 ,750 Tons Daily Maximum 54 On-Site Monitoring Wells - Two (2) On-Site Treatment Facilities $15 .8 Million Closure Bond Construction Activated - October 1991, Anticipated Opening Date - June 1992 • FFSOURCE CONSERVATION CORDORALTION AC--= PmucmS 1.. Permits sought -z DER Permit Aoplicat-on: (a) Municipal Waste Permit (101421) - Issued 08/26/91 expires 08/26/2001 (b) Ear-. Disturbance Permit Ch- 273 0: Ch. 1 0 2 (5687803 ) 06/19/91 exp---es 06/19/93 (c) Water Obstruction and Enc=oac_^.ment Pe--mit Chapter 105 Permit (E56-151) , Issued 06/19/91 expires 12/22/93 (d) NPDES Permit for Underdrain and Leachate Treatment Fac--' -' -i -.y (PA0097110) - Issued 08/26/91 expires (e) BWQM Permit for Underdrain Treatment Facility (5687202) Issued, 08/26/91 expires 08/26/93- (f) BWQM_ Permit for Leachate Treatment Facility (5688201) Issued 12/19/91 (g) Air Quality Control - General Source Permit (56-305-042) Issued 12/31/91. Temporary operating permit to expire 05/31/92. 2. Wetlands Permi-mss: (a) Clean Water Act Section 404 Permit to place fill in wetlands (Corps of Engineers Permit NO- 88005. ) Issued (signed) 02/11/91 expires 12/31/2002 (b) Chanter 105 Water Obst-•-action Pe--=it (256-151) Issued 06/19/91 expires 12/21/93 (c) PA Code Chapter 102 Compliance Reviews of Soil Erosion and Sediment Control' Plan (all mitigation areas) See: Earth Disturbance Permit AMplicat-on No- 5687803. (d) Clean Water Act Section 401 Water Quality Certification (NN30) See Corp of Engineers Permit 88005. (e) Clean Water Act Section 404 Wetland Sur—sdiCtion Conf=mations Call mitiga-tion. areas) See Corp..of_ Engineers Permit 88005 ' � k92re0217 8 (f) Chapter 105 Dam Safety Permit (Statler St. and J.T. Mitigation Sites) D56-118, 119, 120, 121) Issued 08/26/91, expires 12/31/92. (q) Bureau of Mining and Reclamation Authorization to Mine (Willie Will mitigation) (1-02700-56763;36-02) (h) Bureau of Mining and Reclamation Water Obstruction and Mn=oachment Permit (Willie Will mitigation) (4176SM4-E-1 and 56763036-E-1) (i) Bureau of Mining & Reclamation Swrface Mining Permit (Willie Will mitigation) (No. 56763036) ( j) Bureau of Mining & Reclamation Surface Xzing License (Willie Wi11 mitigation) (1-02700) 3 . Shade Tcwnship Pe_-mi.ts: Registration under Shade Township ordinance R65 OF k9 2re0 217 9 CORPORATE OFFSCSRS C.'DtITSTOF�=R L. -9=-=T`', PRESIDENT/DIRECTCR SS 4293-54-2017 1006 WAL.%T S'.^_R�L"'T, CANAL WINCHESTER, CH 437.10 DENNIS P. WIT..SL—T, VICE PRESIDENT/SE=-Zv- 'ARY/T' ELSL M/DIRECTOR SS #275-52-2277 1006 WALNUT STRt=,�':', CANAL WINCHESTER, OS 431.10 RICHARD A. WIDDERS, JR. , VICE PRESIDENT/ASSISTANT SECRETARY SS #297-46-4146 1006 WALK= SIR=, CANAL WINCHESTER, CH 431.10 DENNIS W. MARC:Z'TI, VICE PRESIDENT SS #178-36-6772 795-20 PINE VALLEY DRIVE, PITTSBURGH, PA 15239 BRIAN W. G LX=, VICE PRESIDENT SS #192-46-4372 RD #l, BOX 305, CAnUMBOOR, PA 15924 MID-AM=CAN WASTE SYSTEMS, INC. 31-13.61917 MID-AMERIC.IN WASTE SYSTEMS OF PA, INC. 25-1-590677. RESOMCE CONSERVATION CORP. 25-1507986 Ilse IQMMVMr6 kIn V1• . DEPAffTMENT OR TNVIRONMENTAL MOURC-S BUREAU CIP WASTE AtANAcMCNT P?rr:'it t'Cr Solid '1Vaste Disposal and/or Processing Faciiit-r FORM NO. 8 Psrmit Vila. Data Issued Aucust 26, 1991 r 17ete Expired Auaust 26, ZU01 I fUnder the provisions Of the Pennsylvania Solid Waste Management Act of July 7, i 980, AC. 97, a cerntit for a solid waste disocsai and/or processing at (municipality) 5ttade Towns Sia in the County of Somerset is granted to (appilcant) Rescur:a CotW"Iation Corporation i (address) it.0 Ft_ I Box 3U5 Calrnbrook; PA 15.24 This permit is applicaci8 to the facility rattled as shade 70wnshio 'Waste Manaaeme.n.t ` Facility and described as: Latitude) 4130 07 ' zd� •^ Longitude: 78° 47 ' 10" I This permit is sub'dt✓ to Modification. amendment and supoiernent by the Capartment f of Environmental Res43UfCes and It fUtther subject to tevocatiori at 'suspension by the Department of En1Viicr`11919ntal Rtsoureal tat gny viciatiori of the appticabie laws or the rules and reguratidfi9 Adbpted the raund9r, for fsljllre to C&nply.jn Whole or in part with the conditions of tNls patMit and the provislcns Sat forth iH the!sp}tlid:ftich no- 101421 which is made a part hereof, or for causing any condition inimical to the public hesith, safety or welfare. See attachment for waste limitations and/or special conditions At E 0G1PA$rrNXKr0F ENVM IM94TALRMCWCES s-.r.• - -_- - - - - - ,.,.:».._... . ';,�^;..>_. __ . ,.. ,.-.... . ...�.�._. .yam - THIS PERMIT 18 XON—TRANSFIRUME p,y� 1 of 35- COMMONWEALTH OF PEN14SYLYANIA -2?SRT4E7IT OF c MRONME?ITAL R°SCU'RC=-S . SOLID 'TASTE FORM `IC. E Perini t For Solid Haste Disposal and/or Processing Facility Under the provisions of the Pennsylvania Solid Waste Maragement Act, the Act of July 7 , 1980, P.L. =eo , 35 P.S. 56018.101 et sea. , Solid; Waste ?erait Number 101421 is issued to: Resource Conservation CorpoFatlan, R.D. fl, Box 305, Cairnbrock , PA 15924 for the operation of a municipal waste landfill in Shade Tcxnshio, Samar-sat County. 1. This permit is is-sued in response to Solid Waste Management Application No. 101121 dated July Z, 1991. Subsequent revisions and addenclum(s) are approved by the Department and are a part of this permit. Z. This permit is issued in accordance with the Solid Waste Management Act, the Act of July 7, 1980 , P.L. 380, 35 P.S. 56018.101 at sea, Municipal Waste Planning, Recycling and Waste Reduction Act of 1988, 53 P.�. i400D. I01 at sea. ; Air Pollution Control Act of June 8, 1960, P.L. Z119, 3!: P.S. 540'51 ersec. ; the Clean Streams Law, Act of June 22, 1937, P.L. 1987, as amended and the regula- tions promuigated pursuant to these acts. �- 3. This permit is issued in accordance with 25 Pa. Cade 55271, Z73 and 285 for 707.16 acres as shown an Phase I Drawings RZ, R3, R4, and RAA, revised June, 1991 and described as the permitted facility area. The site utilizes 60 mil HOPE as the primary and secondary liner. This permit authorizes the disposal of municipal , canstruction/demolitiart, and residual waste. He other wastes shall be accepted at this site Unless specified by permit condition or by prior written permit amendment. Acceptance of hazardous waste as defined by Z5 Pa. . Code 5261 is prohibited at this site-- 4. This approved application consists of the fallowing documents: Farm No./Letter Farm Titie Date (Revision) Form A Application for Nunicipal Waste Permit 58/888; Rev. 7191 Form 8 Professional Certification Form 81 Application Form Certification 1/91 TH15 PERMIT 15 HUN-TRSFFR 8L Page 2 of 35 IIL TECM-11 AL 1PP-RMA=10N A. _ '.,'•.C.B 3 dCt31lE C'..5.:..^.CCII OI ^.2C: Ci ... ;OI:C'N'-:.. t.chnICII iP.<^i._:'S ::i • tc Dirosal Site. L- :acn case, piease nate asy devia:an fivm the `VL imuiu C;,z: =coon Requi,--ments noted in Se.-.:an 5-4.4. 1. Line: Systems: 50 mil H. D . P . E . primary and secondary , double lav=red gegnet detection zone . one foot min . to sub-base Sw' surfacz Foundation and Groundwater.. Apor�ximately 4 ` processed soils for sub-base . 4in . 8 ' seperation t; ilgh region, " water tahle . i.eacaate Coilecz-�on and.Trea znent Sys.= 61' H . D. P . E. 3 zone eX `_ stint] liner system thru dual containment 8" H . D . P . E. pioino for conveyance to holding basin ,to on-sits treatment • Q. Gas Venting Active ( vacuum) , extraction wells 200 " centers to flaring pads . S. ildonitoangSystrs 24 groundwater wells monitored quarterly A : 6 Comm pLML g period after closure, $ 15.8 closure bond. TATO, P.Al 7s�&C=don Bid Forts B - Continued) E..=ed Site Lu"c at anticipated :erar� tate: 18 'S Years Engin:^ing Contact: F=: Pauli C . Rizzo & Associates AddrCSS: 300 Oxford Drive Monroeville , PA 15145-2343 C,R Deb-Lange-Kennedy Puone: 412-856-9700 MOO— a1�liYeiaa:,�rs r . rnrm o �+ INFORMATION SCHEDULE K FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, TULLY CONSTRUCTION CO. , INC. as Principal , and RELIANCE INSURANCE COMPANY _ as Surety , are hereby held and firmly bound unto TOWN OF SOUTHOLD, NEW YORK _ as Owner in the One Hundred Thousand and No/100------- sum of ($100,000.00) -------------------------- for the payment of which, will and truly be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns . Signed this 26th day OF 13 94 . The condition of the above obligation is such that whereas the Principal has submitted to the Town of Southold a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing., For the hauling and disposal of solid waste; NOW, THEREFORE, ' (a) If said Bid shall be rejected or in the alternate, Cb) If said Bid shall be accepted, and the Principal shall execute and deliver an Agreement in the form of tt,e Sample Operating Agreement attached hereto ( properly completed in accordance with said Bid) and shall furnish certificates of insurance and a bond For this .faithful performance of said Agreement, and For the payment of all persons performing labor or Furnishing materials in connection therewith, and shall in all other respects perform the Agreement. Created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in Force and • effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder, shall , in no event, exceed the penal amount OF this obligation as herein stated . Form of Bid Bond Schedule! S .O.K BID (PROPOSAL) FORM Page 1 of 3 The Surety , for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension , IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. LY CONSTRUCTION CO. , INC. Pri cipal Kenneth A. Tu y,'President RELIANCE INSURANCE COMPANY Sur By. �UT. M. Ty ell, Attorney-in-Fact Address of Surety: _ 4 Penn Center PlazaPhiladelnhiaiPA 12103 _ SEAL (ACKNOWLEDGEMENT BY CONTRACTOR, IF A CORPORATION) STATE OF: NEW YORK ) COUNTY _ ALBANY ) SSN: On this _26th_ day of May 19 94 before me personally came . Kenneth eT. Tally-_` , to me known , who being duly sworn, did depose^and say that he resides in Plandome Manor, New York that he is the P+resi eat _ Qf-the—TQLZ� CONSTRUCTION CO. , INC. 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 by the order of the Board of Directors of the corporation; and that he Signed his name thereto by ke Order . Notary Public Albany CouW Coum. Exp. 9-30-94 Form of Bid Bond Schedule S.O .K BID (PROPOSAL) FORM Page 2 of 3 CAC OWLEDGMENT BY CONTRACTOR, IF A PARTNERSHIP) SIATE COUNTY OF: ) SSN: On this day of 19 , before me .personally cam _ to me known , and known to me to b a member of the firm of and known to me to be an individual described in, and who executed the for ting instrument in the firm name of , and he duly acknowledged to me that he executed the same for a in the behalf of said firm for the uses and purposes mentioned th ein . tart' Public (ACKNOWLEDGEMENT BY INDIVIDUAL CO RACTOR) STATE OF: ) COUNTY SSN: On this day of 19 :fore me personally came _ to me nown and known to be the person described in and who execut the Foregoing instrument and duly acknowledged that he executed he same . Notary Public ^ Form of Bid Bond Schedule S .O .K BID (PROPOSAL) FORM Page 3 of 3 Contractor: Tully Const. Co. , Inc. Ask Us" C�zl & EN INSI:JRANCE Fuller& O'Bnen, Incorporated, Surety Bonds &General Insurance, Processing Date: 5-23-94 P 0. Box 1099, Albany, New York 12201 Bid Date: 5-26-94 Phone: (518) 463-3181 Carrier: Express F Owner: Town of Southold, NY Mr. Kenneth A. Tully I Tully Construction Co. , Inc. Project: Solid Waste Haul- 127-50 Northern Blvd. Disposal Services Flushing, New York 11368 — E.C.P.: $2,300,000.00 B.B. Amount: $100,000.00 Co.(s) Reliance Gentlemen: Enclosed you will find a bid bond in the required amount co%erina :he above captioned project. Kindly have the appropriate parties sign as indicated below. Please notify us of these bid results at your earliest convenience. Fuller & O'Brien, Inc. /ag By. ^^ Timothy . Tyrrell Signatures Required: Additional Requirements: Kenneth A. Tully, President RELIANCE INSURANCE C:C►MPANY PHILADELPHIA,PENNSYLVANIA PRINCIPAL'S ACKNOWLEDGEMENT—IF INDIVIDUAL OR FIRM State of New York.County of ss: On Mia day of .19 ,before me Personally came to me known to be(the individual)(one of the form of described in and who executed the within instrument and he thereupon duly acknowledged to me that he executed the same(as the act and deed of said firm). PRINCIPAL'S ACKNOWLEDGEMENT—IF A CORPORATION t4otary Public Slate of Newyork.County of Albany as: 0111111111 26th day of May .1994 .before me personally came Kenneth A. Tully to me knownwho.being by me duly sworn,deposes and says:That he resid in Plandome Manor, New York that he is President of TULLY CONSTRUCTION CO. , INC. the corporation described in and which executed the within inshumeM ghat he knows the seal of the said corporation: that the seal apbed to the mid instrument is such corporate seal:that it was so affixed by order of the IBosrd of Directors of the said corporation,and that he signed his name to the said instrument by like order. Albany County Comm. Exp. 9-30-94 SURETY COMPANY'S ACKNOWLEDGEMENT ��P State of New York Countyat Albany as Onids 26th T. M. Tyrrell day of May .1994 .behm mepersonagycame to am known,who.being by an duh swor4 rid depose and say That he rasWas in Albany, New York that he is Atbmey.M.Fact of the REUANCE *=RANCE COMPANY, On corporation deeded In and whbh executed the foregoing instrument:Met he knows the corporate seal of said company;that the seal affixed to raid instrument Is such corporate seal of said =MPWW-qct 9 was so affixed by the aWmodly gwmsd to him in a000ndanI I with the by-laws d said=rpmafem,Mai he signed his name 9nanatm by Ow aahodty;dangles Supedn WMad of kwuranoe*[the State d New York has,pursuant to Chapter 982 of the laws d is Site d New York ford*yen 1139 consiftining ChWW 28 of"Consolidated taws d the Staia of Now Yak kttowrnl sa the iraturana Law.fasued to is REWINCE 94SURANCE COMPANY his aMi6ay Mai said company is qualified to become seely a•guarahkir on all boNK round necolinklu W guarantees and other obligations required a Permitted bylaw; and Mai such certlicete hasnot been Albany County Comm. Exp. 9-30-94 ---�•/iGd���e^✓Cr7oric Financial Statement December 31,1993 SETS LIABILITIES Cash and Bank Deposits. .................... $ (3.181,362) fossas and loss Adjusmment Expense ......... $ 2.519.849,368 Securities ................................. $139,765332 Unearned Premiums ......................... 703.528.575 Premium Balances(under 90 Days) ........... 9.541.012 Other Taxes ............................... 6.527322 Accrued Interest and Dividends ............... 34229.633 Other Liabilities ............................. 462213.282 Federal lmeorm Taxes ...................... 16.180.386 Total Uabiliees .._......................... 13,692,118-545 Other Assets .............................. 1.402866.039 Total Admitted Assets ..................... S 4599.400.940 CAWTAL AND SURPLUS Capital Paid Up ............................ $ 664255.197 Surplus .................................. 243.027.198 Stab d Wuhington ) S& Total Policyhoidew surplus ................ 907282.395 - �y d Well ) Total liabilifies.Capital and Surplus .............................. S 4.599.400.940 laWrenca W. Ce15uo4 being duly swore, says That he Is Vice President of the REUANCE NSl1RANCE COMPANY; that said company is a ,corporation Wily 009a>nded.exating,and engaged in tunes:as a am"by vine s of the laws of the ComnmomweWn of Peaayhran*and las duh oanptied with all the fequi em*r ta of the taws of said commonwealth applicable b said company and is duly qualified to ad as surety under such 16"M00�company has also compiled with and is duly qualified to ad as surety under the Act d Congress d September 13.19111Z as amended (31 §9301 OL seal that time bnegoig is a fuk true and correct sttlsment a the fire necf condidon at said company on tame 31st day of December,19M - Sworn to before me Mit 3131 day of MarctL 1994. 9a'-;'� U 10— Vke`.P�re.tiEE(/.em�ci/L4vfgiw.... !.n�omrl.l ts .Wtis1 CmsMW4 Notary Pub9q Slate of MrasNrm9lort wFJPa1L' County of*4 My CommissExpires 5.1996.ExFebnmry 5.1996. >� 1-'r]o t SDR-18273/94 ,NO. Z 5 3 515 CASUALTY INSURANCE BINDER LIBERTY MUTUAL. WITH RESPECT TO GL COVERAGE, THIS POLICY PROVIDES ❑ Claims Made I$ Occurrence DRIED c A4t h ATiet 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 shall 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 thereaftersuch 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 previously cancelled. shall expire on 7/04/94 at 12:01 A.M.. Standard Time, at the address of the insured. POLICY POLICY NUMBER TYPE OF POLICY LOCATION LOCATIONS TO WHICH BINDER APPLIES SYMBOL (TO BE ASSIGNED) NUMBER TP Owners' and Contractors' 3.6 miles of asphalt concrete resurface Protective Liability on Route I-678 Queens County,. Contract #D256067,\ LIMITS OF LIABILITY FOR WORKERS' COMPENSATION, EMPLOYERS' LIABILITY AND GENERAL LIABILITY : \� WORKERS'COMPENSATION AND POLICY EMPLOYERS' LIABILITY SYMBOL SPECIAL PROVISIONS OR AMOUNTS.OF INSURANCE FOR OTHER CASUALTY PIiDlld6IES STATES COVERED DESIGNATION OF CONTRACTOR: LIMIT OF LIABILITY–COVERAGE B BODILY INJURY BY ACCIDENT S EACH ACCIDENT Tully Construction Co., Inc. BODILY INJURY BY DISEASE 127-50 Northern Blvd. s POLICY LIMIT Flushing, NY 11368 BODILY INJURY BY DISEASE S EACH PERSON BI &PO LIMITS OTHER LIMITS POL. LOC. GEN'L AGGREGATE PRODUCTS/COMP. EACH OCCURRENCE FIRE LEGAL * MEDICAL * PERS/AOV.INJURY SYM NO. Other than Prod/Comp Op OPS AGGREGATE LIAR. Per Fire PAYMENTS Per Person or Org. TP 1 2,000,000 1,000,000 DEDUCTIBLE Retroactive Date is as defined in the policy and is the same ad,the effective date unless Otherwise stated herein. RETROACTIVE DATE: 'x' Subject to Occurrence limit isrespects binder when duly countersigned is issued on behalf of LIBERTY MUTUAL INSURANCE GROUP, herein referred to asthe Company as respects the indicated coverages under forms customarily written in such Company. SALES REP AND SALES OFFICE Approved By: Jim Wenhold - Lynbrook BAU Gault 216 Liberty Mutual Insurance Group POLICY ISSUING OFFICE NEW OR REN. New Castle New C ^ ^ TYPED BY DATE :t/\•'/i., r .. . . . . . . . . . .. . . . . ...... TF 5/12/94 MAVARY Rise" CauOtwsiRaed NY AuU,onaw RW-1 t e T;rMMMuttw BS 764 R3 Printed in U.S.A. tON[BOCG GIOeP R V. L v v v L �,PA.7VAV1 7 II��VRAI\VG BINDER LIBERTY MUTUAL, WITH RESPECT TO GI_ COVERAGE. THIS POLICY PROVIDES C] Claims Mede Occul'rence URED TULLY CONSTRUCTION CO., INC. 127-50 NORTHERN RLVT)_ ADDRESS FT.TTRHTNG, NY 11F68 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 shall 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 thereaftersucn 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 4/30/94 at 12:01 A. M., and unless previously cancelled, shall expire on 7/30/94 at 12:01 A.M., Standard Time, at the address of the insured. POLICY ROIICY NUMBER TYPE OF POLICY Loc.rloN LOCATIONS TO WHICH BINDER APPLIES SYY801. (T09EASSIGNED) NUMBER TH Umbrella Excess Liability 1 127-50 Northern Blvd., Flushing, NY LIMITS OF LIABILITY FOR WORKERS' COMPENSATION, EMPLOYERS' LIABILITY AND GENERAL LIABILITY WORKERS'COMPENSATION AND SYMBOL EMPLOYERS' LIABILITY SPECIAL PROVISIONS OR AMOUNTS OF INSURANCE FOR OTHER CASUALTY POLICIES STATES COVERED LIMIT OF LIABILITY—COVERAGE 9 BODILY INJURY BY ACCIDENT s EACH ACCIDENT BODILY INJURY BY DISEASE s POLICY LIMIT BODILY INJURY BY DISEASE s EACH PERSON BI & PD LIMITS OTHER LIMITS POL LOC. GEN'L AGGREGATE PRODUCTS/COMP. EACH OCCURRENCE FIRE LEGAL 'It MEDICAL * PERS/ADV.INJURY SVM NO. Other than Prod/Comp OD OPS AGGREGATE UAB. Per Fire PAYMENTS Per Person or Ong. TH 1 10,000,000 10,000,000 10,000,000 DEDUCTIBLE Retroactive Date is as defined in the Policy and is the same as the effective date unless otherwise stated herein. RETROACTIVE DATE: I* Subject to Occurrence limit This binder when duly countersigned is issued on behalf of LIBERTY MUTUAL INSURANCE GROUP, herein referred to as the Company as respects the indicated coverages under forms customarily written in such Company. SALES REP AND SALES OFFICE ice. *—v_v_—_^'-- Approved By: Jim Wenhold - Lynbrook BALI Gault 216 Liberty Mutual InsuraIICC Group POLICY ISSUING OFFICE I NEw OR REN. New Castle New TYPED BY I DATE �> . . . . . . TF 5/06/94 e[CeErAav m[s�DexT r etm.iaead NY Axt aed Regexroteti.e T.II>eil� SS 784 R3 Printed in U.S.A. InsurassoacwCUP INFORMATION SCHEDULE L PERFORMANCE BOND Bond No . KNOW ALL MEN BY THESE PRESENTS, that —___ (hereinafter called the ,principal „ ) and ______(hereinafter called the "Surety” ) are held and Firmly bound to the Town of Southold (hereinafter called the "Owner" ) in the Full and Just sum of dollars (s ______) good and lawful menet' of the United States of America, for the payment of which sum of money , well and truly to be made and done , the Principal binds himself, his heirs, executors, administrators and assigns and the Surety binds itself, its successors and assigns, Jointly and severally , Firmly by these presents . WHEREAS, the Principal has entered into a certain written Agreement bearing date on the day of Southold Solid Waste Haul9DisposalhServices,the afocopy Town of Agreement is annexed to and herebymade this of which though herein set Forth in full , Pact of this bond as NOW, THEREFORE, the conditions of this obligation are such that if the Principal , his or its representatives or assigns, shall well and faithfully comply with and perform all the terms, covenants and conditions of said Agreement or his (their, its) part to be kept and performed and all modifications, amendments, additions and alterations thereto that may hereafter be made, according to the true intent and meaning of said Agreement, and shall fully indemnify and save harmless the Owner From all cost and damage which it may suffer by reason of Failure so to do, and shall Fully reimburse and repay the Owner For all outlay and expense which the Owner may incur in making good any such default, and shall protect the said Owner against, and pay any and all amounts , damages, costs and Judgments which may or shall be recovered against said Owner or its officers or agents or which the said Owner may be called upon to pay to any person or corporation by reason of any damages arising or growing 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 patentpatent or rights by reason Furnished orworkdone as aforesaid e materials d orotherwise, then this obligation shall be force and effect ; null and void, otherwise to remain in Full Performance Bond Schedule S .O .L BID (PROPOSAL) FORM Page 1 of 2 PROVTDED HOWEVER, the Surety , For •ai 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 lK. Tully (Corporate Title) (if any)_ Vice President____ Bid on May 26,' 1994 Non-Collusive Certificate Schedule S .O .M BID (PROPOSAL) FORM THIS AGREEMENT, made on the day of 1994, 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 . W I T N E S S E T H: WHEREAS, Contractor has submitted to the Town a bid dated 1994 C "Bid" ) in response to • the Town's Bid Solicitation for Hauling-Disposal Services dated C "Solicitation") ; and WHEREAS, the Town Board of the Town of Southold by resolution #p 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 . APPENDIX A-1 III . TERM OF AGREEMENT 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 C3) by giving six C6) 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 bg 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 Contractor or to protect the Town from loss on account of rind 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 C25%) or more of its work hereunder, 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 • i to carry out any of the provisions, duties, services or 1 requirements of this Agreement, whether such losses and damages APPENDIX A-'t 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 ,loin 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 JJ shall not be changed or canceled until thirty (30) days written notice has been given to the Town All such insurance shall be i issued by a company duly authorized to transact business in the State OF 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 t the Foregoing indemnification . APPENDIX A-5 �S 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 ( 1 ) an act of God (but not including reasonably anticipated weather conditions for the geographic area of the Town or Disposal Site) , hurricane , landslide , lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy , extortion, war , blockade or insurrection, riot or civil disturbance; C2) the failure of any appropriate federal , state, county , town or local public agency or private utility having ,jurisdiction in the areas in which the Transfer Station or Disposal Site is located to. provide and maintain utilities, services, water and sewer lines and power transmission lines • which are required for the operation or maintenance of the Transfer Station or Disposal Site; (3) governmental pre-emption of materials or services in connection with a public emergency or any condemnation or other taking by eminent domain of any portion of the Transfer Station or Disposal Site; and (4) the presence of hazardous waste upon, beneath or migrating from the Transfer Station . It is specifically understood that none of the following acts or conditions shall constitute uncontrollable circumstances: (a) general economic conditions, interest or, inflation rates, or currency fluctuations; (b) the financial • condition of the Town, the Contractor, any of its affiliates or any subcontractor; Cc) union work rules, requirements or demands which have the effect of increasing 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 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 result of such requirement, all costs resulting there From sheii 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 dust 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-10 For a Disposal Site for which Contractor does not currently have all necessary federal and state permits, or which after the acceptance of the Bid loses its permitted status , Contractor shall , at its sole risk and expense, be responsible for obtaining and/or renewing its permits or providing the Town an alternate 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-11 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, convey or otherwise transfer its rights or obligations under this Agreement without the prior written consent of the Town . C . This Agreement, including all Exhibits and documents referred to herein, along with the Specifications, Solicitation and the Bid, and all Appendices and Exhibits thereto, represent the entire agreement between the Town and Contractor relating to the Services to be performed hereunder . This Agreement may be modified only by written agreement of Contractor and 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-12 1 . This Agreement ; 2 . Exhibits hereto; 3 . The Solicitation including Appendices; 't . 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 makers 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 riot 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 discriminate and that it shall cause there to be no discrimination against any employee who is employed in the work, or against any applicant for such employment, because of race, religion, color , sex, age, marital status, handicap or national origin in any manner prohibited by the laws of the United States or of the State of New York . These requirements shall include , but not be limited to, the following: employment; upgrading , demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection For training . XVIII . NOTICES • All notices required to be given hereunder shall be made in writing by first class mail addressed as Follows: • APPENDIX A-14 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 SOUTHOLD Thomas H . Wickham Supervisor APPENDIX A-15 APPENDIX B New York State Department of Environmental Conservation Permit (Temporary) • • i OCT 68 '93 P Ji Imo. Now wwf Yot# rtata F3€•pmr?rc�o w; 1:n'ai OnneDtnt Consar:sttor; ih+e5i4fY�rF{d"I".Y. St ny�Q sc tts,, ya, t f�7?0 2g`8 1• S'ua37 "• FACSIY!II.r: (g=�) 444-0373 • October 8, 1993 Thomas C.Jading Commisslanor f T Mf•�rS.,». �r� `.. K Frank Isler, ;,ag Smith, FinY_alcrQinr Dun-barq, Islar and Ya%abosY_i 1456 Griffing Avenue P.O. Box 389 Riverhead, New York 11901 Rcr Topm of 3oUthold Traasfur station Fnaility Idontificatio:t xo. 32 T 42 Dear Mr. Idler: of Deputy to II1(2) of the Soptombcr .4 , ]192 Decision and Order 'rY o:aes_cner Edward O'Sullivan, DBC Nc. 1-4020, the Department hereby approves Operaticn of the . 1 station at the Cutcnogue ails for a one year temporary transfer effective Saturda;, od site 9, 1993; Ccnstr_;c ian ofesail tof antime Station has been ca'rtiPieq by the Town Engineeri:.g Insper_tor, James Riehter, •todaY, October s, 1993. Operatics at the facility w Enginmaring Roport prepared b } r 1_ be as detailed in the 1993, and in addi= Y Dvi-ka & sarti.i.ucci dated Saptambar, io:=, the Town must comply Witt tho following opnrating conditions: 1• Ttss TOfan must comply with 6 HYCRR Subparts 360-•1 (General Provisions) and 360-1iStations) of 6 NYCRR Part '360 (effaetire October 9, 1S(93 ansfer a this authorization and the ) , except specifically midified by approved Engineering Report and Plans. 2• The Taw,-, shill not store wastes at the facili 72 hours f'_cw the time of acceptance of such wasto. ty mora than 3 • The Town sne11 tak6 all necessary steps t.o . nuisances such as Mowing papers, vectors, control and odors. 4 . The Town is authorizcd to Operate the facility from the. hours of 7:00 a.:n, to 5:00 p.1%. , 8F�v2it (7) .d-YS per wee:<. S. The TQvn is prohibited froc, receiving at thi:t facility '• hazard as WrAsto as defined r. 6 NYCP,R Part 371 or. reculnted W2dical adv n ao dafiaQd in E t?Yl_PR P_rt�:360• Approvall must be cgrartad in advance, .. ;�;,z1r.^, b.� tt.0 EG io,zl Solid Xeate £n r non-hazardous i:3ustrizl w�cte gine3_ , .O CCCept az -the facility. I' IPc"U2>f,r 1'3 D PoEFIf'd!dntl'AA I•.7P�RcRB�(n•3TCR7: 1...� - 8C,9 1 Of 2. t r OCT E3 roc UN'.COH5. Frank Zsler, Eaq. raa.Uity Ir8eenti_icstioa No. 52 T 92 (<:ont'd. ; October 8, 1593 Thia authori:.ction is Cor dji-4ored ucon the Town' s strict adherenay to the conditicnr. 34 out.ined above and _silurs to do so may result in i revccatizz of this authorization. Ve_r;J ~�ilfy }eta, �J C RPY E. 1:0VEN, P.Z. Regional Director REC/mEC/cM Eno. �- Pago 2 of 2. •:awtAolylnpa93c� �} p 'Oj Dlx - I.'S APPENDIX C Town of Southold Accident Report: TOWN OF SOUTHOLD ACCIDENT REPORT Date of Accident : / / Time of Accident AM/PM Oral Report By : To: Date : /__—/__— 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 Report: __—/___/___- 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 962 Cutchogue , New York 11935 APPENDIX - C APPENDIX D Town of Southold SWMP (Executive Summary) I 3 S.0 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.1 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-1 , the second largest land use is agricultural land (25%). Other land use such as residential, l 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—level multimaterial 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 t 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 01 center is free. The materials included in the recycling effort are: 6168R/4 1027 S-2 o Newspaper o Plastic containers o Major household appliances o Metal containers o Bulk Metals o Household hazardous waste o Clear glass o Waste oil o Leaves o Green glass n Old clothes o Brush o Brown glass o Batteries o Wood chips o Tires o Mixed Paper (other than cardboard) o Cardboard Vic. 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 ( #]1, ands'#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 oCi;scale 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 ner day Tons per year 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 S-3 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. Wa a r`atgrory 9sLBy Weigh Household garbage 37.0 Construction and demolition debris 17.0 Sand/sod 3.3 Concrete 1.0 Rubbish 6.7 Scrap Metal 1.5 Land clearing 4.1 Brush 10.9 Leaves/mulch/grass 9.2 Agricultural debris 1.6 Household Recyclables 5.0 Other (includes sludge, tires, <2,4 shellfish debris, woodchips, waste oil and batteries) TOTAL 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 r'omposition % by Wei Paper 29.09 Plastics 6.54 Food 10.53 Ferrous Metals 6.88 Nonferrous Metals 1.28 Batteries 0.06 Glass 5.41 Wood 5.08 Rubber 2.11 Dirt and Fines 3.74 Yard Waste 20.41 Bulky Waste 3.36 Misc. 5-08 TOTAL 100%• *Totals may not add to exactly 100% due to rounding. i � 11 i 6168R/4 { ! 1027 S-4 • 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 Land Clearing Debris Recycling o Household Hazardous Waste o Waste—to—Energy Reduction/Recovery Removal o Municipal Solid Waste Composting o Materials Recycling o Landfill Disposal o Agricultural and Yard Waste o Clean Fill Disposal Composting o Methods of Processing/Disposal of o Construction and Demolition Other Wastes Debris (C&D) Recycling 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: l 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 o Processing at an in—Town mixed solid waste (MSW) composting facility (no longer a viable alternative) 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/a 1027 S-5 S.4 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. 5.4.1 Proposed Resource Recovery System 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 Newspaper o Nonferrous Metals o Magazines o Three Colors of Glass o Corrugated/Brown Bags o Wood and Lumber o Other Paperboard 0 Asphalt o Office Paper o Concrete/Brick o PET, HDPE o Tires and Other Plastics o Dirt o Yard Wastes o Textiles o Sand/Sod o Household Hazardous Wastes o Ferrous Metals o Batteries (Vehicle and Household) The following sections describe the components of the Town's resource recovery system. 6168R/4 1027 S-6 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 solids 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 S-7 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 Pian (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 Recycling Pro ,ram 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 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 HDPE), 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. Recycling: Maior Household Apt)liances 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. L• Recycling: 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 (1,000 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 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. Recycling: Household Hazardous Waste Successful and effective household hazardous waste removal programs, known by the acronym S.T.O.P. (Stop Throwing Out Pollutants), have been shown to be environmentally sound elements of solid waste management systems. A S.T.O.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 will 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.O.P. program will provide residents with a continuous, environmentally safe disposal alternative for unwanted \ chemical products originating in the home. The daily operation provided by this permanent, full—time facility make participation in the S.T.O.P. program more convenient than periodically scheduled S.T.O.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.O.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.O.P. program will allow for the collection of such household hazardous wastes as: o Adhesives o Paint Removers o Alcohol o Paint Thinners o Antifreeze o Pesticides o Brake Fluid o Petroleum Based Solvents o Charcoal Lighter Fluid o Photographic Chemicals and Supplies o Cleaning Solvents o Plant and Insect Spray o Degreasers o Pool Chemicals o Fertilizers o Solvents 6168R/4 1027 5-10 o Gasoline o Spot Removers o Herbicides o Stain and Varnishes o Kerosene o Wood Preservatives o Paints 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. Recycling: Construction and Demolition Debris • The development, planning, permitting, and capital cost of a construction and L 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 5-11 - Recvcli= Yard Waste Comoostina 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 S-12 APPENDIX E • Town of Southold Solid waste Profile i Southold Town Collection Center 1993 HIGHLIGHTS Landfill Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 1 Recycling Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 2 S .T .O .P . Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 3 EXHIBITS Material Summary by Month Material Summary (Year 's totals Only) APPENDIX E - 1 Southold Town Collection Center 1993 HIGHLIGHTS Landfill Activitu 1 . All landfilling of solid waste ended as of close of business on October B . 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 used approximately 10, 000 cubic yards of purchased cover material at a cost of roughly $48, 000 . • 3 . While landfilling continued, garbage, rubbish, & C&D were each deposited in separate sections of the elevated area (approx 5-7 acre's) 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 . 't . 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 C-38%) , rubbish C-22%) , household garbage C-21%) , brush C-18M , and C&D (-17%) . :Increases were noted in shellfish (489%) , sludge (134%) , sand/sod (non- purchased) (SG:) , household recyclables (28%) , agricultural (13%) , and leaves & mulch (7%) . S . 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 . • APPENDIX E - 2 Southold Town Collection Center 1993 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 '93: -- 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 . -- Fencina - to contain papers from transfer operations; 12 feet high, 175 feet long . -- Loading Platform - for loading newspaper and mixed paper . Recuclina Activitu 1 . In 1993, 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 34% respectively . By weight, 3, 031 tons of recyclables were collected in 1993 vs . 2, 337 in 1992, a 30% increase. Brush compost Cup 't49%) , cardboard C115%) , newspaper • (35%) , mixed paper (31%) , and plastic (22%) , and glass C13%) led the increase. Only clean wood APPENDIX E - 3 Southold Town Collection Center 1993 HIGHLIGHTS Page 3 Recuclino Activitu (cont 'd) (-'18%) , leaf mulch C-27:) , cans (-3:) , and brown glass (-3%) showed decreases . the decrease in leaf mulch is because the Fuel Harvesters tub grinder was undergoing frequent repair early in the year when the previous fall 's leaves are normally processed . 2 . The landfill produced 1 , 243 tons of brush compost, an increase of almost `150% from 1992 (228 tons) . This was a result of the increased productivity of the new tub grinder which, since November, was able to process virtually 100: of incoming brush and landclearing, as well as the entire stockpile of brush that had built up when troubles with the old tub grinder began. • 3 . Arrangements were made with a hauler for Marcel Paper Mills to stage a trailer at the collection center for mixed paper recyclables, which are shipped to . Marcel . Previously , large amounts of paper had to be accumulated at the collection center before the hauler would come to pick it up. This resulted in significant storage and handling difficulties . Adoption of the "garbage bag" program has resulted in enough tonnage of mixed paper to ,justify keeping a trailer here. If . The addition of a 2nd garbage compactor and container enables the Town to move the large tonnage of cardboard that has resulted from adoption of the "garbage bag" program. S .T.O . P Proaram 1 . The Town collected and shipped 121 55-gallon drums of household hazardous wastes in 1993 . This is down from 138 drums in 1992, a 12: drop, and down from 181 drums in 1991 , or 33: . the drop in 1993 was largely due to the ability to recycle empty aerosols, some of which used to be removed through the program at $540 per drum. In 1992, the Town gained approval to bulk paints and thinners which • resulted in the decrease in the number of drums from 1991 . APPENDIX E - q Southold Town Collection Center 1993 HIGHLIGHTS Page 't S.T .O .P Program (Cont 'd) 2 . At a minimum oP $190/drum, this means that the Town has saved at least $3, 230 in shipping and disposal costs in 1993 vs . 1992 . • APPENDIX E - 5 Southold Town Collection Center Material Summary by Month Southold Town Collection Center Material Summary (Year 's Totals Only) December 1993 • • APPENDIX E - 6 r' 12'10.0] SOVINOLD TOWN COLUECRCN CENTER NRM CWUATIVE MATERAL SUMMARY Lane ,100.1 MaOYy moralm!hoary 011 TOWS)DaagO IAVEMBER 30 DECEMBER YTO SCK449 JAN FEB MAR APRIL MAY JUNE ]IAV AUG SEPT OCT NOV ( Tot! %Ch"t Is Ch"Flan I TOTAL FROM YTO 4 I TOo Flan Nov Doe1902 I TONS WT YEAR Item `I Chmgoa0lo Gm0og1(01,Ott 9'93): I -on"Dagt 11375 ` 217.17 I 199.01 -51% WA ( Sun WA -Heol D Wild (01 211.97 709.78 712.53 44.2% WA ) 7400 WA -MFhauMO(ol Dapq - 320.44 235 195.71 47.1% WA I TWO4 'WA BF 101.82 iliall 19153 SB018 79879 - 226.27 19810 214.57 152.13 138.42 21810 ) 411.46 47.7% -37.0% 551515• •174% CBO 417.0 717.15 41559 44.14 52900 560.02 401.54 15219 57140 501.28 79594 251 is -766% -100.5% 0550.45 •17.0% Conaeto $55 SIB 250 2209. 1372 201.22 2922 23997 12.84 3046 11.70 0.87 -981% -77.0% I #19.18 39.1% Londdoahg 11090 3707 3749 3149 18046 109.47 15179 86.72 110.90 90.61 0327 I 16.35 -57.6% -900% ) 1023.00 -394% Ru0ath(Inao0) 18305 0800 0290 153.15 26449. 233.55 191.11 719.59 tgiAs 140.07 '111.09 I 140.13 27.8% -420% Saap MNN ]9.79 0007 425 30.75 3211 -0831 ]9.12 SB.0/ 51.83 101.59 3au 201050 •770% .n xaw 29.00 20.00 20.00 20.51 20.00 20.00 9.17 10.90 10.00 15.00 18.00 i 22.00 iii% `e.e%% I 117.61 -8.4% TOTAL: 98&32 710.12 803.18 1500.83 1634.25 102.00 102.311 1312.90 110319 174046 1664.54 131200 -9.2% -114% I /49371 Nondluge6ole Agea6ad 13002 6201 $081 1404 423 272 423 39.70 1950 10177 12704 5457 -115.9% •11.3% 7/7q 124% comets(before Od.0) 111911 01010 962.32 1238.57 410940 1339.15 1438.71 1578.11 13SS03 351.21 WA WA WA WA 110010 .714% Oreo 1770 0.00 0.110 71.35 201.48 11147 79 B1 10249 110.07 44.70. 5.55 0.31 -904% 422% I 16429 -090% L4N4Wddt 23712 5098 101.27 $09.30 317.12 91.14 48.29 042 77.94 10018 070.10 ) 590.30 -10.6% -128% 2198.11 41% SandSW 14041 0.74 423.33 10.87 710.77 216.54 9334 221.77 741.50 0012 427.00 I 291.19 -31.9% 437% 7701.07 15.1% Shom$h 1.32 041 0.11 0.00 1472 6430 0520 $301 7362 $5.50 50.67 ) 5498 45% 13510% o0 45200 4021% Saalgo 10.30 0.00 10091 127.01 70.91 2062. $0.90 126,64 $4.00 21,88 0.00 I 2.06 EPR •79.5% ) 771.79 134.101% Ilaltlhd6 . Wo0mpa Y&01 5.18 11.9! 10.85 4.7] 11.11 19.18 19.10 23.77 1979 5,00 i 9.05 300% -02.0% I 14360 R9rydxNot 189.11 19014 191.70 182.40 20395 191.93 234.29 22591 25505 265.26 3 WONt OR 1&4 I ]31,00 .1,1% 87.1% ( 7167.11 77.0% (tan! 4.17 1.10 1.95 0.01 0.00 0.19 0.16 7.17 &69 5.94 4.42 i 4.11 -27.7% 16.2% i 70.02 131% TOTAL 1040.34 1237.08 1244.06 2215.19 2290.13 2071.67 2096.18 2124.80 2288.94 1077.51 1818.56 I 1347.87 -16.8% .42.0% I 22466.72 •14% GRAND TOTAL: 283106 1983.10 2747.51 374.02 412840 3503.87 318049 7139.50 3312.25 2023.87 328312 2880,0 -129% •70.4% 3010210 •30% W3sla OA (goaml ills 1205 1356 1040 1010 1880 1685 1965 197! 1420 1180 I 1280 -2101% 170% I 1124 11.5% �TV.(1 d 55 I pa bumf) 12 10 0 /S 15 0 11 21 18 0 to 0 -100.0% ERR 121 -141.2% I I ,• SOLITHOLD TOWN COLLECTION CENTER 1993 YEAR-END MATERIAL SUMMARY I I 1993 I 1992 % CHANGE TOTAL I TOTAL TONS I TONS I i Item I I Chargeable I I I I Garbage (after Oct. 9 '93): I I -carter bags 583.38 i - N/A -carter by weight I 746.83 i - WA - self-hauled (all bags) I 759.04 I - WA Brush i 3545.45 I 4295.71 -17.5% C & D I 5550A5 I 6687.51 -17.0% Concrete ( 619.75 I 445.61 39.1% ' andclearing I 1023.88 I 1608.99 -36.4% ubbish (mixed) I 2040.58 I 2614.79 -22.0% crap 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 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% Leaves/Mulch I 2898.44 I 2713.32 6.8% Sand/Sod I 2504.57 I 1279.10 95.8% Shellfish I 452.00 I 76.71 489.2% 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 TOTAL: I 22488.32 I 22840.46 -1.8% I i ,RAND TOTAL: I 38182.10 I 39313.04 -3.0% •Waste Oil I (gallons) I 19246.00 I 16844 14.3% I I Toxics (#of 55 I I gal drums) I 121 I 138 -18.2% I I _7, Southold Town Solid Waste Stream 1993 Total Waste Stream: 38,182 tons h • I MSW 15,5so (garbage, rubbish) CLEAN FILL 2,505 , METAUTIRES 825 (shellfish, sludge) OTHER 1,184 CBD/CONCRETE 8,170 HH RECYCLABLES 2,837 4r2Rlr'I a Ti ionr Y4. • w � VVLI VI V\L Y YARD WASTE 8,387 (brush, leaves, grass landcleanng) Source: Landfill Scalehouse Jan 20, 1994 qV 0 &0 • L� APPENDIX F Southold Town Code Chapter 16 § 48-1 GARBAGE, RUBBISH AND REFUSE § 48-1 Chapter 48 GARBAGE, RUBBISH AND REFUSE §48-1. Definitions. C §48-2. Dumping prohibited generally. §48-3. Town refuse disposal area. §48-4. Fees; issuance and duration of permits and licenses. §48-5. Conveyance and transportation of refuse. §48-6. Penalties for offenses. §48-7. Revocation of permit and/or license. • GENEEeLREFERENCES C Outdoor buming—See Ch.39. Junkyards—See Ch.50. Littering—See Ch.57. Scavenger wastes—See Ch.75. —�' § 48-1. Definitions. Words and terms used in this chapter shall have the following meanings: ATTENDANT— 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 and/or beverage substances. "Cans"shall not mean oil, paint, pesticide or aerosol cans. [Added 2-5-1991 by L.L.No. 1.-19911 �f 4801 10-25-93 C § 48-1 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.27-19911 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. 1-19911 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] C ! 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. 1-19911 NONRECYCLABLE WASTE—The end product of solid waste remaining afterthe 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 C s putrescible solid waste such as animal and vegetable waste. [Added 9-10-1993 by L.L.No.20-19931 PERSON—An individual, an association, a partnership or a corporation. . 4802 10 -93 i §48-1 GARBAGE, RUBBISH AND REFUSE §48-1 PLASTICS— Shall food, beverage or hbe a recyclable and shall mean all ousehold 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 canglass 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— Shallhave 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; 2-5-19£1 by 9-1984- L-L.No. 1-1991;9-10-1993 by L.L.No.20-19931 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.9-19841 RESIDENTIAL SELF-HAULERS_ Those who transport transport their refuse residents 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 �a 4803 §48-1 SOUTHOLD CODE §48.2 design as shall be determined 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. 1-19941 §48-2. Dumping prohibited generally. [Amended 7-31-19731 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. - 9-19921 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 r activities and businesses when a license therefor ` — has been obtained pursuant to the provisions of the Southold town ordinance licensing and regulating 4804 a-u-ss y § 48-2 GARBAGE, RUBBISH AND REFUSE § 48-2 secondhand junk and auto parts activities and businesses.' (Cont'd on page 4805) r ' Editors Nute:See Ch S4,JunkyaM . �1♦ 4804.1 3-15-94 Z • � 1 § 48-2 GARBAGE, RUBBISH AND REFUSE § 48-3 C. Nonrecyclable waste and town garbage bags. [Added 9-10-1993 by L.L.No.20-19931 (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. Jr §48-3. Town refuse disposal area • A. [Amended 2.5-1991 by L.L. No. 1-19911 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 refuse 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.27-19911 (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 �I /[ 4805 - -- 19-25-93 \ § 48-3 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 io-u-ss . 1 k § 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. (f) Nonrecyclable waste. [Added 9-10-1993 by L.L. No. 20-19931 F [11 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. (21 Commercial self-haulers. Nonrecyclable waste generated by commercial self- haulers may be either: (a] Disposed of in a town garbage bag and deposited at designated areas within • the town disposal area; or [b] 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. )a) 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. r'�tz ` 4806.1 10-25-93 t § 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 landfill/collection center shall be deposited in areas designated by appropriate landfill personnel. (e) Nonrecyclable waste. [Added 9-10-1993 by L.L.No.20-1993] (11 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. (21 It shall be unlawful for any person to plane out for collection any nonrecyclable wasite 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. (31 Nonrecyclable waste in town garbage bags --� collected by private residential refuse haulers/carters and transported to the landfill/collection center shall be deposited only in areas designated by appropriate landfill personnel. 4806.2 10-2.5-93 i § 48-3 GARBAGE, RUBBISH AND REFUSE § 48-3 (3) Private commercial refuse haulers/carters. [Added 11-26-1991 by L.L.No.27-19911 (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 f 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 7-31-19731 Gas t� 4806.3 12-u-e3 ar Lel § 48-3 SOUTHOLD CODE §4,8-4 C. No garbage, rubbish, refuse or other material that does not have its origin 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. 11-19881] 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, prpvided 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] §48-4. Fees; issuance and duration of permits and licenses. [Added 10-9-1984 by L.L.No.9-198411 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: ¢ � 1 Edi oes Nota:This loeal law.Iso ronuwbe:ad foemar Subsaetiova C evd Das D avd &.evapeutiraly. - 1 Editor's Not..This loci law 4150 nvuwbared foe .r if 484 and 4"as it 48.5 and �.. 485,easp ti"ly. C=M� _ �....'--'• .. 4806.4 tz-zs..ea U J +'4oYE 7 l • 1 s § 48-4 GARBAGE, RUBBISH AND REFUSE § 48-4 (1) [Amended 10-23-1990 by L.L. No. 23-19901 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- (Coned ollowing(Coned on page 4807) .1 OL . � -.. Jifl n 4806.4.1 12-25-93 § 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 i•� 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. [3] Such other proof of residence is 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 affixed to the left side of the front bumper of such vehicle- (d) ehicle(d) The fee 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 L.L. No. 3-19911 Lessee landfill permit: for noncommercial vehicles of less than one-ton capacity owned by a lessee in the Town of Southold and 4807 5-25-91 • c • 1 § 48-4 SOUTHOLD CODE § 484 transporting only household refuse, provided that such vehicle displays a valid lessee landfill permit issued in accordance with the following (a) A lessee landfill permit shall be issued by the Town Clerk or a person designated by her to all persons who lease or rent property within the Town of Southold but do not qualify as residents as defined in § 484A(1) hereof. Persons applying for a lessee landfill permit shall 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 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 § 484A(lxc) hereof. (c) The fee for the issuance of a lessee landfill permit shall be twenty-five dollars ($25.). (3) [Added 3-26-1991 by L.L. No. 9-1991] Guest landfill 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 following- (a) ollowing(a) A guest 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:iouthold, 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 shall present an application in affidavit form,signed by the applicant, setting forth: 4808 s-xs-et § 48-4 GARBAGE, RUBBISH AND REFUSE § 48-4 [1] The location of the property to be occupied by the guests. [21 The names and permanent addresses of the guests. [31 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(1)(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 r noncommercial vehicle of less than orte-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 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] (6) Annual fee of sixty dollars ($60.) for each commercial vehicle transporting liquid septic waste, ` together with an additional fee of three cents($0.03) �— 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.31-19921 (7) Annual fee of sixty dollars ($60.) for each commercial contractor's vehicle of less than one-ton maximum gross vehicle weight. [Amended �( 4809 sae § 48-4 SOUTHOLD CODE § 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.31.19921 (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.31.19921 (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.31-19921 (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 LL. .NO. 31-19921 (11) 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 LL. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L. No.31-19921 (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 LL No. 24-1990,-2-26-1991 by L.L. _ No. 3-1991; 3-26-1991 by L.L. No. 9-19'91; 4__C 12-8-1992 by LL.No.31-19921 4810 10_25..90 c s § 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.31.1.9921 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. 23-19931 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 ($0.035) per pound on loads containing the following. (1) Heavy brush, landscaping and yard wastes, including but not limited to stumps, branches, shrubs, plants, trees, bushes and the like, but not including leaves and grass clippings. (2) Construction debris, including but not limited to scrap and waste material discarded as refuse . resulting from construction. (3) Wood, including but not limited to timber, logs, boards and the like, unless such wood is designated by the landfill attendant as recyclable wood. (4) Demolition debris, including but not limited to waste and rubble resulting from remodeling, demolition and extensive repair of structures, waste cement, concrete, masonry work, bricks, tile, sheetrock,plaster,wood,shingles and the like. (5) Rubbish, including but not limited to furniture, fixtures, television antennas, carpets, awnings, 'f= boats and other like objects that are not considered normal everyday household waste. 4 Editor's-Note: This local Ise,also redesi muted former Subsections B.C and D a Subsections D.E and F.respectively. T✓t 4810.1 10-23-93 ay- w § 48-4 SOUTHOLD CODE § 48-4 (6) Commercial and household garbage, and rubbish, including but not limited to furniture, fixtures, television antennas, carpets, awnings, boats and other like objects. C. Effective January 1, 1993, in addition to the fees established in § 48-4A and B, there shall be a fee of ten dollars ($lOJ 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. 31-19921 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) �a 4810.2 no-2s-97 § 48-4 GARBAGE, RUBBISH AND REFUSE § 4846 landfill site at Cutchogue, 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 LL No. 9.19921 No person shall convey or 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 reeyclables in such public places and streets. § 48.6. Penalties for offenses. [Amended 7-31-1973 by LL No. • t 1-1973,2-7-1989 by LL No.2-1989-,2-&.1991 by LL No. y 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: C� 4811 6-25-92 I c� ti § 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 Mown 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 4 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 L.L. No. 12-19881 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 arid/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 6-25-9-9 § 48-7 GARBAGE, RUBBISH AND REFUSE § 48-7 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 manner wherein the accused permittee and/or 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 and/or 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.). Ts. - • C="OONLi N' 4813 rti• s \YM