HomeMy WebLinkAboutHauling & Disposal of Solid Waste BIDDER ' S SOLICITATION
SOLID WASTE HAUL AND DISPOSAL SERVICES
AGREEMENT DOCUMENTS
TOWN OF SOUTHOLD
STATE OF NEW YORK
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/ TOWNOFSOUTHOLO Prepared by: Solid Waste Task Force
a °i at Technical Committee
060 p
53095 Main Road
Southold, NY 11971
NOTICE TO BIDDERS
Solid Waste Haul-Disposal Services
The Town of Southold will receive sealed bids for solid
waste haul-disposal services until the time and at the location
herein specified which will then be opened and publicly read
aloud ;
PLACE: Office of the Town Clerk
Southold Town Hall
53095 Main Road
Southold , New York 11971
(516) 765-1800
DATE: Thursday , May 26, 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,
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 (3D 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
additional one year terms by giving Contractor
written notice of its intention to renew at
least thirty (30) days prior to the expiration
OF the term .
Bids must be made in writing on the forms furnished and
shall be accompanied by a Bid Guaranty in the form of certified
check, money order, bank draft or standard form letter of credit
made payable to Town of Southold, or bid bond, in the sum of one
hundred thousand dollars ($100, 000 .00) wherein the named obligee
shall be the Town of Southold .
The successful Bidder shall be required to furnish a
Performance Bond, and insurance in accordance with the
instructions in the Bid Solicitation .
The bid price shall not include any tax, Federal , state, or
local , from which the Town of Southold is exempt .
A Bidder may not withdraw his bid within Forty-Five (�tS)
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 'x: 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 I7, 1SS4 at:
Southold Town Hall
S309S Main Road
Southold, New York 11971
All bidders are encouraged to inspect the Southold Town
Transfer Station prior to the bid conference . Appointments to do
so may be scheduled by calling James Bunchuck at (516) 73Li-7685 .
Judith T . Terry
Town Clerk
For Further information regarding bidding requirements, contact
Judith T . Terry (516) 76S-1800 . For information regarding Town
of Southold waste program and haul-disposal operations, contact
James Bunchuck (Sl6) 73't-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
'f .0 Information to be Submitted A- 3
'f . 1 Contractual Bid A- 3
'f .2 Supplemental Information A- If
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- 6
11 .0 Acceptance of Bid A- 9
12 .0 Assignment A- 9
13 .0 Limitation of Funds Available A- 9
lLf .0 Insurance and Bonds A- 9
1'f . l Insurance A- 9
14 .2 Bonds A-11
15 .0 Indemnity (Hold Harmless) A-11
16 .0 Payments A-12
17 .0 DeFaeilt A-12
18 .0 Term' of Agreement A-12
19 .0 Service Agreement A-13
20 .0 Subcontracts A-13
21 .0 Rights and Options A-1`t
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
'f . 0 Character of the Solid Waste B- 2
LI . 1 Quality and Characteristics B- 3
5 .0 Program Activities B- 3
5 . 1 Collection B- 3
5 .2 Loading Mode B- `f
5 .3 Town of Southold Accident and Damage
Policy B- `f
5 .'f NYSDEC Part 360 Permit to Operate B- 5
6 .0 Haul Services 8- S
6 . 1 Work Included B- 5
6 .2 Equipment B- 5
6 . 3 Weighings B- 6
6 . q 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 Inside
State of New York B- 9
7 . 3 .2 Disposal Sites Outside
State of New York B- 9
7 .4 Weighings B-12
8 .0 Safety and Health Regulations B-12
9 . 0 Operations and Procedures B-13
9 . 1 Supporting Data B-14
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
q ,0 Bid Security Acknowledgment C- 8
5 .0 Information Schedules C- 8'
Information Schedule A
Information Schedule B
Information Schedule C
Information Schedule D
Information Schedule E
Information Schedule F
Information Schedule G
Information Schedule H
Information Schedule I
Information Schedule J
Information Schedule K
Information Schedule L
Information Schedule M
SECTION 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
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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
199't .
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 AND/OR DEMOLITION DEBRIS (CRD) - Shall
mean solid waste resulting From the construction , renovation,
equipping, remodeling, repair and demolition of structures and
roads . Such waste includes, but is not limited to, bricks,
concrete and other masonry materials, soil , rock, wood, wall
coverings, plaster, drywall , non-asbestos insulation and roofing
shingles .
CONSTRUCTION MATERIALS AND/OR DEMOLITION DEBRIS (C&D) DISPOSAL
SITES - Shall mean any site designated by the Contractor where
construction and demolition debris is disposed of in a manner
that minimizes environmental hazards and is permitted under the
design and operation requirements of 6NYCRR Part 360 or
alternatively outside the State of New York, is permitted under
design and operation requirements meeting the requirements of 1 )
that jurisdiction 's applicable regulatory agency and 2) Town of
Southold 's minimum standards .
GLOSSARY - 1
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CONTRACT DOCUMENTS - Shall have the same meaning as Agreement
Documents .
CONTRACT YEAR - Shall have the same meaning as Agreement Year .
CONTRACTOR - Shall mean the party contracting to perform the
work, or the heirs, executors, administrators, agents, or
successors thereof .
COORDINATOR - Shall mean the coordinator of construction and
demolition debris for the Town of Southold .
COUNTY - Shall mean Suffolk County , State of New York .
DAILY - Sunday to Saturday , inclusive .
EPA - Environmental Protection Agency (Federal) .
HAUL-DISPOSAL SERVICES UNIT PRICE - Shall mean the Contractor 's
compensation in dollars for each ton of construction and
demolition debris actually hauled from the Town of Southold
Transfer Station to the Contractor-Designated Disposal Site and
disposed of at the Contractor-Designated Disposal Site.
HAZARDOUS WASTE - Shall mean (1) any "hazardous waste" as defined
under the Resource Conservation and Recovery Act, 1t2 U .S .C .
Section 6901 et sec . , or "hazardous substance" as defined under
the comprehensive Environmental Response, Compensation, and
Liability Act, 42 U .S .C . Section 9601 et seg . , or "hazardous
waste" as defined under New York Environmental Conservation Law
Section 27-0901 et seg. , 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 GNYCRR 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 .
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GLOSSARY - 3
SECTION A
SUBMISSION REQUIREMENTS
BIDDERS INFORMATION, INSTRUCTIONS, AND AWARD BASIS
SECTION A
SUBMISSION REQUIREMENTS
BIDDERS INFORMATION, INSTRUCTIONS AND AWARD BASIS
1 .0 PROJECT PURPOSE
The Town of Southold expects that it mill 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
10-15% . This Bid Solicitation will ensure Town of Southold ' s
solid waste will continue to be 1 ) hauled From the Town of
Southold Transfer Station to Disposal Site(s) and 2) disposed of
at permitted Disposal Site(s) .
2 .0 SCHEDULE
The schedule below is an estimate of the time period
leading up to the commencement of the Agreement . Its intent is
to provide each Bidder with an idea of when certain events 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 May 12, 1994
Bid Opening May 26, 1994
Town Board Reviews May 31 , 1994
Town Board Approval June 14, 1994
Agreement Executed On or Before June 30, 1994
Operations Commencement July 10, 1994
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3 .0 EXAMINATION OF AGREEMENT DOCUMENTS, FAMILIARITY WITH
THE WORK
It is the responsibility of each Bidder before
submitting a Bid to (a) examine the Sample Operating Agreement
and Agreement Documents thoroughly ; (b) visit the site of the
Town of Southold Transfer Station; (c) attend and be Familiar
with the outcome of the pre-bid conference; (d) become familiar
with conditions at the Town of Southold Transfer Station and
Disposal Sites that may affect cost , progress , performance or
Furnishing of the work ; (e) become familiar with and consider all
Federal , state and local laws, regulations ordinances , permits ,
approvals and orders that may effect the cost , progress ,
performance or Furnishing of the work ; (F) study and carefully
correlate the Bidder 's observations with the Agreement Documents;
and (g) notify the Town Clerk of all conflicts , errors or
discrepancies in the Agreement Documents .
Reference is made to the following Appendices which
contain supplemental information which is attached to and made
part of the Agreement Documents:
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 IfB
Reference is made to the Following information which is
available For review by Bidders at the Town Clerk ' s Office during
normal business hours; 6 : 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
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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
S3095 Main Road
Southold, New York 11971
May 12, 199'f at 9: 00 A .M .
'f .0 INFORMATION TO BE SUBMITTED WITH PROPOSAL
11 . 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 '1 .2
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'f .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 cop of the current Permits to Construct
and Pxrmits 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
1 • 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 .
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In addition, it is the policy of the Town of
Southold to encourage the participation of
Minority Business Enterprises (MBE 's) and
Women-Owned Business Enterprises (WBE 's) on
Town projects . For this reason, the Agreement
will require Contractor to use its best
efforts to include among its subcontractors
MBE and WBE firms . In the event the
successful Bidder intends to subcontract in
excess of twenty-Five percent (25%) of the
work, the Bidder will be required to submit
to the Town an MBE/WBE Utilization Plan
acceptable to the Town prior to the Town 's
execution of the Agreement .
iv . Disposal Site Subcontractor: In the event
the Bidder does not own the Disposal Site
identified in its Bid, the Bidder shall
Furnish a statement , signed by an authorized
representative of the Disposal Site, which
provides for Bidder 's use of the site
• pursuant to this Bid Solicitation in
accordance with the Agreement Documents .
THE SUPPLEMENTAL INFORMATION REQUIREMENTS MAY BE
SATISFIED BY INCLUDING A REFERENCE TO AN
INFORMATION SCHEDULE (A-L) IF THE SCHEDULE
PROVIDES THE INFORMATION REQUESTED AND IS INCLUDED
IN THE BID .
5 .0 BID FORMAT
5 . 1 Binding
The document(s) if bound shall be in a manner that will
provide For easy evaluation access (to lie Flat when opened) .
Printing on both sides of the sheets, provided a quality paper is
utilized that will prevent the type from showing through , is
acceptable . Paper with substantial recycled content is
preferred .
5 .2 Form Preparation
Bids shall be submitted in the form described in this
Bid Solicitation . All blank spaces for bid prices shall be
properly filled in, in ink or typed , in both words and numerals
For all bid categories required . In the event a price shown in
words and its equivalent shown in Figures do not agree, the
written words shall be binding on the Bidder . BIDS SHALL NOT BE
QUALIFIED, MODIFIED, LIMITED OR RESTRICTED IN ANY WAY. In the
event a specification is not applicable, it shall be so
indicated . Incomplete bids will not be considered .
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6 .0 SUBMISSION OF BIO
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
S3095 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 refection 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 C10)
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 (2Lf) hours before bids are
opened . The Town will not be bound by oral clarifications .
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7 . 0 BID GUARANTY
Each Bid must be accompanied by a bid 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
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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 (S2 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 bg law to receive solid waste at the
designated Disposal Site(s) .
O . 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 .
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11 . 0 ACCEPTANCE OF BID
The acceptance of a Bid will be a Notice of Award
signed by a duly authorized representative of the Town, and no
other act of the Town shall constitute the acceptance of a Bid .
The acceptance of a Bid shall bind the successful Bidder to
execute the Agreement and other Agreement Documents .
12 . 0 ASSIGNMENT
The successful Bidder to whom any Agreement shall be
let, granted, or awarded shall not assign, transfer , convey ,
sublet , or otherwise dispose of the Agreement or of his right ,
title, or interest therein or his power to execute such
Agreement, to any person or corporation without the prior written
consent of the Town .
13 .0 LIMITATION OF FUNDS AVAILABLE
• The Contractor specifically agrees that any Agreement
shall be deemed executory only to the extent of the Funds
appropriated For the purpose of the Agreement and that no
liability shall be incurred by the Town beyond the Funds
appropriated on the date of execution of the Agreement by the
Town For the said purpose .
1`t .0 INSURANCE AND BONDS
1'1 . 1 Insurance
For the period from Agreement commencement date until
one (1 ) year after Agreement termination date, Contractor must
maintain insurance acceptable to the Town in the kinds and
amounts set Forth below . All such insurance coverage shall be
provided by companies licensed to do business in New York State
and the state in which the Disposal Site(s) is (are) located .
The Town of Southold and its agent shall be named as an
additional insured and coverage shall not be changed or cancelled
until thirty (301 days written notice has been given to the Town .
Within ten ( 10) days of the Notice of Award, Contractor shall
Furnish to the Town, certificates of insurance, in a form
satisfactory to the Town Attorney , evidencing such insurance .
The kinds and amounts of insurance are as follows:
A . Contractor 's Insurance - Insurance For liability
For damage imposed by law of kinds and in the
•' amounts hereinafter provided covering all work
under the Agreement , whether performed by
Contractor or his subcontractors . The kinds and
amounts of insurance are as follows:
A-9
( 1 ) worker 's Compensation Insurance - A Policy
covering the operations of the Contractor in
accordance with the provisions of Chapter 41
OF the Laws of 1914 as amended, known as the
Worker ' s Compensation Law, covering all
operations of the Contractor, whether
Performed by him or by his subcontractors .
The Agreement shall be void and of no effect
unless the person or corporation making or
executing same shall secure compensation
coverage For the benefit OF , and keep insured
during the life of said Agreement such
employees in compliance with provisions of
the Worker 's Compensation Law .
C2) General Liabilitu (Comprehensive Form)
Insurance.- Contractor 's liability insurance
issued to and covering legal liability of the
Contractor with respect to all work performed
by him under the Agreement .
The Following insurance coverage shall be
• included :
(a) Independent Contractor 's Protective
L1abilitL - Covering work performed by
subcontractors .
(b) Completed Operations or Product
Liabilitu
(c) Contractual Liabilit
u .
(d) Broad Form Propertu Damage .
(e) Personal Iniuru .
NOTE: IF any of the rating classifications
embody property damage exclusions C or U,
coverage For eliminating such exclusions must
be provided .
i
Coverage For the above will be required
in not less than the Following amounts:
SINGLE LIMITS OF LIABILITY: $1 , 000, 000 .00 j
AGGREGATE LIMITS OF LIABILITY: $10,000, 000 .00 !
•
A-10
C3 : 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
1H .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 ,
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whether such losses and damages are suffered or sustained by the
Town directly or its employees , licensees, agents , engineers,
citizens or by other persons or corporations, including any of
the Contractor 's employees and agents who may seek to hold the
Town liable therefor . This indemnity shall include any and all
claims, penalties or other losses or damages incurred by the Town
as a result of enforcement or other proceedings by Federal , state
or local government agencies relating to Contractor 's Disposal
Site(s) operation . This obligation shall be ongoing , survive the
term of the Agreement and include, but not be limited to, claims
concerning non-sudden environmental impairments .
The Bidder agrees to ,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 gust cause .
16 .0 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
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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 C2) 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 bg 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;
Tk� (2) require the Disposal Site Contractor to Furnish to
�IA4 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 .
•
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receiving solid waste from the olon 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
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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 ,fudged 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-1`t
SECTION B
• BID SPECIFICATIONS
(TECHNICAL/MANAGEMENT)
•
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SECTION B
BID SPECIFICATIONS
TECHNICAL/MANAGEMENT
1 .0 REQUIREMENTS
This request for bids is issued for the Town of Southold,
State of New York , Town Hall , 53095 Main Road, Southold,
New York , 11971 (Telephone (516) 765-1800) The effort ,
shall be known as the Town of Southold 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 site(s) ,
• and; 2) disposed at permitted disposal site(s) . The
Following general services are sought in this request :
HAUL
Provide equipment, labor , maintenance, management
and policies to operate a transportation system for
hauling 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
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(?GRA) , Environmental Protection Agency - Subtitle
D , at 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 changes whiGh� 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 .
't . 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 qB of the Code of the Town of Southold .
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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
(Appendix A-9) .
4 . 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 '
signiFicantlg 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-
of 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
5 . 1 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 4 : 00 P .M .
The Transfer Station is closed on the following holidays:
New Year ' s Day Columbus Day
Martin Luther King Day Election Day
Lincoln 's Birthday Veterans Day
Presidents Day 1/2 day before Thanksgiving
Easter Sunday Thanksgiving
Memorial Day 1/2 day before Christmas
Independence Day Christmas
Labor Day 1/2 day before New Year 's Day
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The Contractor m+_gr. make tran=_.tPi �v _ i :,'r_,ir
For loading on Saturdays and Sundays between 7 : 00 A .M .
and 'f : 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 .
5 .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 .
5 .3 Town of Southold Accident and Damage Policy
The Contractor shall be required to prepare an Accident
Report (See Appendix C) of any accidents and/or damage
that occur while performing services under the term of
the Agreement .
The Town of Southold shall immediately be notified .of any
mayor 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
(24) 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 .
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5 . `f 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 .
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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; '1)
well maintained in good working order . Corroded,
-. defective, bent , deformed or punctured trailers, roll-o£F
boxes , or other containers OF waste materials shall not
be utilized at any time .
Suitable covers shall be provided and used while
transporting solid waste in open-top transport equipment .
The bidder shall clearly indicate the quantity and type
OF transport equipment/vehicles it plans to use, their
availability date, state of repair, and that such units
are compatible with the Town of Southold Transfer Station
scales and New York State DOT regulations , United States
Department of Transportation, as defined in the Code of
Federal Regulations, or equivalent . The Contractor will
promptly remove from use any transport equipment/vehicle
that does not conform with these requirements and replace
it with an acceptable unit .
The Contractor shall maintain its own OFF-site
maintenance shop facilities for servicing the transport
equipment and vehicle fleet, unless it elects to
subcontract For these services . No major maintenance may
be done at the Town OF Southold Transfer Station site .
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 .
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6 . 1t 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
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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,
license=_ , 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
condition=_ . 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
bidder ' s bid submission . The agreement between the i
bidder and the permit holder shall include provisions i
that :
I . Provide Town with the right to discuss
operational matters with the permit holder j
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
• Protection Agency - Subtitle D, at al . The Solid Waste
Disposal Site must have valid construction and operating
Permits in accordance with all applicable laws in the
,Jurisdiction in which it is located . It shall be
permitted to accept Town of Southold solid waste without
violating applicable law . It shall meet the design,
construction and operating requirements of all applicable
laws in the ,Jurisdiction where the disposal site is
operating .
Disposal alternatives that will be considered include
land disposal , incineration, composting, etc . , as long as
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
regulatory requirements, e.g . Resource Conservation
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Recovery Act CRCRAi , Environmental Protection Agei
Subtitle D, et al . The Solid Waste Disposal Site-
have valid construction and operation permits
accordance with all applicable laws in the ,Jurisd
in which it is located . It shall be permitted to e
Town of Southold solid waste without violating appli
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 i_
permeability soil admixtures, clays or synt
materials . Liners are at a minimum to consi
materials having a demonstrated hydr-.
• conductivity and chemical and physical resis
not adversely affected by waste emplacemen
sanitary landfill leachate, including synt
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 lininr
system of a thickness of at least 60 mils;
Thicknesses down to 40 mils may be acceptable
For composite liners which include impervious
clay .
Foundation: The proposed landfill shall be
e-!3-1-9 and constructed on an appropriate
Foundation which provides Firm, relativeli
unyielding planar surfaces to support thee
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 system-
shall consist of collection pipes and a:
B-10
:I
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
i
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 Ventin The proposed
an i s a a equippe wi a suitable gas
collection and/or venting system which
complies with all air pollution requirements
and other applicable laws .
Surfce Drainac{ea Systems: _ The proppsed
�� r—r ?� ��WT� th an appropriate
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 aE5 itten 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 .1t Weighings
The Town will compensate the Contractor for waste
material hauled and disposed of on a net tonnage basis
(short tons = 2000 pounds) . The certiFied weighings will
be made at the Southold Town Transfer Station . The
Disposal Site will accept these weights for invoicing
• purposes . All weights will be generated on current
certiFied weigh scales .
In the event of any dispute over differences in net
weights between the Town and Disposal Sites scales and
weight records, the Town may make payment upon the weight
it deems to be most correct , until the dispute is
reconciled . Any claims Fop difFerences must be Filed in
writing within sixty (60) days of occurrence or the
Town 's calculation shall be deemed final and binding
between the parties .
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 (PL 91-S96)
and Section 107 , Agreement Work Hours and Safety
Standards Act CPL 91-54) . 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 .
8-12
I.
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 (21t) 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 plan5 to
the Town for review and acceptance . Revisions ,
modifications, and updates shall be forwarded to the Town
throughout the term of the Agreement .
Organization personnel and structure , showing the
chain of command , names and telephone numbers and
staffing requirements .
B-13
Operations plan - shiFts , hours , etc .
Safety , disaster , and emergency procedures .
Transportation plan including available transport
equipment, vehicle deet and reserve capabilities .
Inclement Weather Plan - This shall describe the
bidder 's plan should inclement weather alter normal
daily operations as described in the bidder ' s
operations plan . The inclement weather plan shall
include hauling operations and disposal operations .
The bidder 's means of assessing inclement weather
conditions (weather and road conditions) , method of
reporting to the Town and the alternatives shall be
described .
9 . 1 Supporting Data
In the event the Town requires any information in support
of Town held licenses and permits at the Town, County ,
State and Federal level , the Contractor will be required
to Furnish all licenses, permits and inspection reports
regarding equipment and disposal sites which may be
required by Town, County , State or Federal law .
In the event the Contractor requires any information in
support of Contractor held licenses and permits at the
Town, County , State and Federal level , the Town will
cooperate in furnishing such information as it applies to
the Southold Town operations .
Operating (hauling and disposal) records shall be
considered essential to the operation . The Contractor
shall keep these data in an organized fashion that allows
For easy retrieval and analysis . The Town, or its
designee , may upon 24 hours notice inspect the
Contractor ' s records . Such records shall 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 .
40 The Contractor shall file and update the Following
information as specified herein .
B-14
Items Due
Haul Equipment (Schedule H) as changes occur
Haul Accident Report CAppendix 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
•
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•
B-15
-- INFORMATION SCHEDULE C
See Bid Bond
Town of Southold Bid Project
Solid Waste Haul-Disposal Services
This is identification that
,sill 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
CSeal)
Surety Company
By : - -
Surety Verification Schedule 5 .O .0
BID (PROPOSAL) FORM
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 deoict 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 . The Undersigned Bidder also agrees as Follows :
FIRST : IF this bid is accepted , to execute the
Agreement and Furnish to the Town a satisfactory
performance bond, and insurance all within ten ( 10)
calendar days .
SECOND: To begin Solid waste Haul-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: recrui-tment ,
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 Ce) in every subcontract or
• purchase order in such a manner that such
Provisions will be binding upon each
subcontractor or vendor as to operations to be
performed within the State of New York . The
Contractor will take such action in enforcing
C-3
-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 joint 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 Servicers operations in
accordance with the Bid Solicitation requirements,
C-H
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 $100 , 000 .00 For any
option or combination thereof . In the event this
proposal is accepted , and the undersigned Fails,
within ten ( 10) calendar days after date of receipt
of Notice of Award From the Town to execute and
deliver an Agreement in the Form provided by the
Town or Fails to execute and deliver evidence of
Proper insurance coverage and performance bond in
the amounts required and in the prescribed Form
within ten ( 10) days after Notice of Award, the bid
guaranty shall be Forfeited and be retained by the
Town toward the satisfaction of liquidated damages
and not as a penalty . Otherwise, the total amount
OF bid guaranty will be returned to the Bidder .
4 • The undersigned acknowledges the receipt of the
• Following addenda, but it agrees that it is bound
by all addenda whether or not listed herein and
whether or not actually received, it being the
Bidder 's responsibility to receive and have
knowledge of all addenda .
ADDENDUM NUMBER AND DATES
Number 1 - Dated: Y
Number 2 - Dated:
Number 3 - Dated:
Number 4 - Dated:
Number S - Dated:
S . The Bidder has completed the Contract Bid Form and
Unit Price Bid Schedules in both words and numerals
in accordance with these bid requirements . -
i
C-S
3 .0 UNIT PRICE BID SCHEDULE
SOLID WASTE HAUL-DISPOSAL SERVICES
SOUTHOLD TOWN, NEW YORK
COMPENSATION
The undersigned hereby submits the Following price bid
to Furnish Solid Waste Haul-Disposal Services, to Southold Town ,
New York For the terms; July 10 , 199Lf through July 9 , 1999 .
HAUL-DISPOSAL SERVICES
The Haul-Disposal Service Applicable Unit price
per ton For agreement year 199't-1995 isSixty Four dollars
and _ Eighty cents C$-_64-80 ) . CC1 )
• The Haul-Disposal Service Applicable Unit price
per ton For agreement year 1995-1996 is Sixty Four
dollars and
Eighty cents ($ 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 ) . CC3)
The Haul-Disposal Service applicable unit price
per ton For agreement year 1997-1996 is Sixty Eight
dollars and _Seventy Four cents C$ 684•74 ) ' (C`f)
The Haul-Disposal Service applicable unit price
Seventy
per ton For agreement year 1998-1999 is -
dollars andEi hq ty _ cents C$__70.80 ) • (CS)
•
C-6
3 . 2 EVALUATION UNIT BID PRICE FORMULA
Evaluation Unit Bid Price=
CC1 ) 12 , 000+CC2) 12 , 000+CC3) 12, 000+ .5(C'f)12 , 000+ .5(CS) 12, 000
564.80) 564.8QZ_—_1Szfi Z41_---68.24------70_80 --
'fB4O00 tons
Evaluation Unit Bid Price =$ 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
(3) years .
127-50 Northern Blvd.
Bidder14,ZLfe�S -CS�c�za / Flushing, New York 11368
Firm- rporation Address
By : May, 26, 1994
A orized Representative Date
•
t
i
C-7
e
f
't .0 BID SECURITY ACKNOWLEDGEMENT
I have attached the required bid security to this bid .
5 .0 INFORMATION SCHEDULES
I agree to furnish and include the following
information schedules in addition to the information submitted
with this proposal , as a part of this bid :
A . Certification that the Bidder does not currently
owe taxes, or other outstanding Funds, or have
pending or is currently involved in any litigation
involving the Town of Southold , State of New York
(Schedule A, attached hereto) .
B . Location and address of the Bidder ' s 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 (Schedule D, attached hereto) .
E . Detailed financial statement for the Bidder, and
if applicable, for parent companies (Schedule E,
attached hereto) .
F . Statement of Bidder 's Qualifications and related
experiences (Schedule F, attached hereto) .
G . 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) .
MNon-Collusive Bid Certificate (Schedule M, attached hereto) .
Dated : May_ yL6, 1994
Name of Bidder: TULLY CONSTRUCTION CO. INC___ —_--_
Address of Bidder: 127-50 Northern Blvd.
Flushing, New York 11368
Vice President
ture Title
• Cerpccate Seal ter K. Tully
CIF a Corporation)
Incorporated under the laws of the State of New York
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
( IF an individual or partnership)
Names and addresses of all principals or partners
C-9
INFORMATION SCHEDULE
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
1 . -- -- -
2 .
3 .
6 .
7 .
B .
9 .
10 .
Name of B' r : Tully Construction Co. Inc.
By ___— Date May 26, 1994
orized Signature)
ter K. Tully
NOTE: IF blank not applicable, Fill in with N/A
Subcontractors Schedule S .O .G
BID (PROPOSAL) FORM
_ -1
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 A Project Use Equipment Location
Nameof Bid Tully Construction Co. Inc. -
By : —_-- Date: May 26, 1994
K. Tully
NOTE: Any supplemental at chments 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-AS22485
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-AB22521
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 YEAR MFGR. TYPE TAG NO.
• I. D.
S 100 1991 EAST FRMLS DUMP TRLR NY-62944U
S 101 1991 EAST FRMLS DUMP TRLR NY-63482U
S 102 1991 EAST FRMLS DUMP TRLR NY-62945U
S 103 1991 EAST FRMLS DUMP TRLA NY-63115U
S 104 1991 EAST FRMLS DUMP TRLR NY-62946U
S 105 1991 EAST FRMLS DUMP TRLR NY-62947U
S 106 1991 EAST FRMLS DUMP TRLR NY-63485U
S 107 1991 EAST FRMLS DUMP TRLR NY-63484U
S 108 1991 EAST FRMLS DUMP TRLR NY-63483U
S 109 1991 EAST FRMLS DUMP TRLR NY-63650U
S 110 1991 EAST FRMLS DUMP TRLR NY-63651 U
S 111 1991 EAST FRMLS DUMP TRLR NY-634860
S 112 1991 EAST FRMLS DUMP TRLR NY-63487U
S 113 1991 EAST FRMLS DUMP TRLR NY-63488U
S 114 1991 EAST FRMLS DUMP TRLR NY-6359OU
S 115 1991 TI-BROOK FRMLS DUMP TRLR NY-77301T
S 116 1991 TI-BROOK FRMLS DUMP TRLR NY-77300T
S 117 1991 EAST FRMLS DUMP TRLR NY-15816E
S 118 1991 EAST FRMLS DUMP TRLR NY-15815E
S 119 1993 EAST FRMLS DUMP TRLR NY-14843E
S 120 1993 EAST FRMLS DUMP TRLR NY-14842E
• S 121 1993 TI-BROOK FRMLS DUMP TRLR NY-14841E
S 400 1988 EAST WALKING FLOOR NY-15966E
S 401 1988 EAST WALKING FLOOR NY-15872E
S 402 1988 EAST WALLING FLOOR NY-15965E
S 403 1988 EAST WALKING FLOOR NY-15972E
S 404 1988 EAST WALKING FLOOR NY-15971E
S 406 1988 EAST WALLING FLOOR NY-15970E
S 407 1988 EAST WALLING 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 WALKING FLOOR NY-11789F
S 414 1993 STECO WALKING FLOOR NY-11785F
S 415 1993 STECO WALKING FLOOR NY-11780F
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
t S 425 1993 STECO WALKING FLOOR NY-11793F
S 426 1993 STECO WALKING FLOOR NY-11791F
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 j TAG NO.
1. D.
S 430 1989 PATRIOT WALKING FLOOR NY-11795F
S 431 1989 PATRIOT WALKING FLOOR NY-11796F
S 432 1988 PATRIOT WALKING FLOOR NY-11797F
S 433 1988 EAST ALKING FLOOR NY-11798F
TNFnNMATION 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
1997-1996 _ 15,000 _tons
• 1998-1999 15.000 tons_
Name of B' er: _ TULLY CONSTRUCTION CO. INC.By : �_ _ Date: May 26, 1994
K. Tully
Maxifflum specified_ C apar.itiu Schedule 5 .0 . I
BID (PROPOSAL) FORM
Resource Conservation Corp. R. D. #1, Box 305
A Wholly Owned Subsidiary of Caimbrook, PA 15924
• MID-AMERICAN WASTE SYSTEMS, INC. Phone(814) 754-4587
FAX(814) 754-4598
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 15,000 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,
c
Brian W. Grace
Vice-President and
General Manager
cc: File
•
C 1 rnhn.d M Rmlow Pqw
• 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
II 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 , 2002.
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 O 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 I)
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 I1.8.3 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.I?
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 rash restrictioes lois
1. Construction/Demolition No
2. Asbestos Yes
RCC does not accept triable asbestos
3. Wastewater Treatment Sivage Yes
Form 43 rmpiroments
4. Hazardous Waste yes
RCC does not accept any hazardous waste
i. Are there any existing Agreements with local municipalities which
prohibit:
item
1. Routing to sits NO
2. Night limits between
State Roads and site 10
3. Number of Vehicles NO
4. vehicle Sias NO
5. Solid Waste importation
outside jurisdiction area NO
6. most Community Benefits YES
III. MXPAWSIOlf PLAMS
A. Nome at the present tiros.
B. Not applicable.
C. Not applicable.
D. Not applicable.
s. Didder's Disposal Sits(s) Inginser of Reword
Cah
863 asst South street
Carliale, PA 17013
S. Jeffrey Dsrnea
(717) 245-9100
INFORMATION SCHEDULE J - (Continued)
IV . ATTACHMENTS
Attach copies of all permits required of the disposal
sites) 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. Tully, 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(s) Schedule S .O .J
BID (PROPOSAL) FORM Page 7 of 7
RESOURCE CONSERVATION CORP.
A Whoily Owned Subsidiary of
MID - AMERICAN WASTE SYSTEMS OF PA, INC.
W&Aas'
Shade Township Waste Management Facility
Solid Waste Permit No. 101421
R.D. #1, Box 305 YARD WASTE COMPOSTING
Cairnbrook, PA 15924 SEWAGE SLUDGE
(814) 754-4587 MUNICIPAL
Serving Your Waste Disposal Needs RESIDUAL
With Safe Cost-Effective Waste Mangement RECYCLING
The Shade Township Waste Management Facility landfill,located in Shade Township,SomersetCounty,PA is
the newest and mostadvanced solid waste disposal facilities rrithestata`Designai:i ee exceed '-
�stateand federal guidelines.the facility will provide a safe means of dealing with solid wastefssuss well 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 environment
—_— �� ._ _
T"e =ollcwing is a nar=ati-re descricticr of the Rescurce
Ccrserraticn Corp Landfill, (which is a Subsidiary Company of
.Ld-P.merican waste Systems, Inc. )
`•0;.'_ Resource Conservation Corm Landfil
-`= =esc:=ce Cnrsenraticr- C=I Landfill (RCC) is lccated
c__acr__r --o---eastce
. C ntr__ Cit_r in Scme=set Caur_ty,
Persylrania. The Landfill -' and a_1 _tz fac_1___es are nestled
sac•.:rel.% --- the hil'_s of the state's Scut"ern Alle,he_ s
T T e
Rec_cr. and isolated, visually and audib'_:r, from densely
populata: areas. By virtue of its stats-cf-tse-art des= cn,
which ircarperates a double sy--:tsetic line--- system and a
G•snseal c^apasite; independent ccllect:ion, t-'-ansmissi.on and
treatment facilities for both leachate: and groundwater; on-
site cover material supplies; paved access roads; extensive
stcrmwater 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 past-cicsure plans, t*se RCC Landfill
provides an ideal opportunity to dispose of municipal and
residual solid waste in an environmentally sats facility.
Me design of the RCC Landfill was carefully developed
over a six (6) year period by a team of design professionals
to ensure '-sat its facilities pouldcontinue tc function in an
i
__ _
tde:-.`T (2C ; years. =CCs pe=es__ was LSslled =L'CL'st 26 Cj1
.3
and beta= receiving waste an Aucst 71, 1992 . Ta further meet
this end, RC= has develc,ed its O-er
2tHg P1a:. to ince _ rata
c=rehensi-re and extensive mcritarincr and safety proced es
_-- a=- -== Y contro1 and acr.____�.c; c-ou:.d::atar monit. =
nc
a• -=32t=e__t; noise, 1i'= _ and "recto= cont-__ and abate'.-..e.^:ti
aw?_cYee --='Hin.t; _ lacament and oompaC__on of haste
censtruc_ica CT":al_t_ assures=ca; emer-=Hcy
'-p'-+�=fie=moi landf_ll Cas colloc__c.- and f_a__ng; screening
tasting a:_d monitor_=g cf waste mata:_ials a:.d handling of
special «astas. In addition, the r- o cn-site traa=ant
faci'_ities s:.all be or., fine by Octcber ].992 whit: will put aur
Waste Mar_ace=ent Facility in full aper;_tion.
-The Shade Township Waste Manacament Facility has a
Pe--aittad capacity of 13 million cubic yards with expansion
capabilit�-,r 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 wti=ch could comfortably accommodate the ash/residue
from the NYCDOs.
Mat=rials being disposed of on it daily basis at the
landfill ara as follows: Municipal Solid Waste, Demolition
Waste, Wastewater Treatment Plant Residue (sewage) , Asbestos
Containint= Wastes, Petroleum Contaminate Soils, Wata_+-
Xe_atment Plant Residue- (municipal) , Water Treatment Plant-
Residue
lantResidue (_.dustrial) , Foundry Waste, Flyash/Bottom Ash,
7-
�O
• tba abcvs =e-ticned ;;as__ s.r=ass , a xa;or pe_it mcdificaticn
has been submitted to t.:e Pennsylvania Depart.=ent of
E.':vironmental Resources for apprcval on numerous other waste
materials .
T'-',P- following is a s immary of the regulatory
recuireme_^_ts applicable to the facility that is mandated by
the Penns,-r_vania Denar-w.ent of ...:.rironmenta_ Resources:
(a) Kunici_cal Waste Permit (101421) -
Issued 08/25/91 expires 08/26/2001
(b) Earth ..ist,=bance Per=-Jt (5637303)
Ch. 273 & Ca. 102 06/19/91 ex-='i-res
06/19/93
(c) Water Cbst=Uction and Encroac�=ant
Permit C.maptar 105 Permit (256-
151) , Issued 06/1.9/91 a=ires
12/21/93
. (d) NPDES Permit for Underdrain and
Leachate Treatment Facility
(PA0097110) - Issued 08/26/91
No Expiration
(e) BWQM Pe--mit for Underdrain
Treatment Facility (5687202)
Issued, 08/26/91 eapirss 08/25/93-
(f) BWQX Permit for Leachata Treatment
Facilitg (5688201)
(g) Air Quality Control - General Source Permit
(56-305-042) Issued 12/:31/91- Operat n
permit to expire 6/30/9:2.
2. Wetlands Permits:
(a) Clean Water Act Section 404 Permit
to place fill in wetlands (Corps of-
Engineers
fEngineers Permit No. 88005.)
Issued (signed) 02/11/91 eapi=e
12/31/2002
i
• expizas 12/21/93
(c) PA Code Chapter 102 C-=Banca
_ Reviews of Sail Br=sion. and
Sediment Control Plan (all
mitigation areas) See: Ea=t:
Distur=a:ee Permit application No.
s6a7a0Z .
(d) Clean *nater Act Section 401 Water
Quality Certification (YN30) See
Cc= of :-ciZeers Permit 8800: .
(e) Clear. Water Act Secticn 404 'Wetland
7urisdicticn Confir=Iations (all
mitigation areas) see Carp of
Ez(;izeers Perm__ 88005
( ) Chanter 105 Dam Safety Permit
(Statler St. and 7.T. Mitigation
Sites) D56-i18, 119, 120, 121)
Issued 0a/26/91, i` wcr:c is not
initiated b? 12/31/91, pe_�sit
est_nsions will be rest --ed.
(g) Bureau of Mining and Reclamation
Authorization to Mine ('Willie Will
mitigation) (1-02700-56763036-02)
(h) Bureau of Mining and Reclamation
Water obstruction and Encroacsment
Permit (Willie Will mitigation)
(41763X4-E-1 and 56763036-E-1)
(i) Bureau of Mining & Reclamation Surface Mining
Permit (Willie Will mitigation) (No,
56763036)
(j) Bureau of Mining & Reclamation Surface. Mining
License (Willie Will mitigation) (1-02700)
3. $hede Township Permits: -
Registration under Shade Township Ordinance #65
The attached Form C evidences that all regulatorT
regsuremeats applicable to the facility are in. camg11ance
to their full entity and damcns�ate RCC's c=edibility:
S=n_ _rGc CGR52r'!=•-"•• C:.`. :� wBG_�_7 owned
• su!:s_Z_= --f Mid-?.mer can svasta S.,SZas of PL, Inc.
SS #293-54-2017
10 C c 'naL aut Street, Cana 'FiZC 85tar, Cc 43-1 -10
DLr-r--S P. W"iZBVM-'T, PCCT
PSS=MIT/S£C. TaRT/"4za—s : ./DSi CTCR
SS #275-52-2277
1CC6 ;walnut Street, C_-Ila-- W-roaster, Cc 431'_0
R_.=�ZD
SS --. '-Z97-46-4146
1C C 5 Wal:ut street, Ca__^.a_ n`-=cdestar, C- 431=0
SS ='_7a-3a'-5172
32-- 7 Gi:l= Tower, 707 Grant Str?em, Pittsburgh, Pn
aP-_v A. GRACMT, 7--CM
SS =152-46-4372
RD #-, Box 305, Cai=,brock, PR 15924
I=- -3IS=C2X WASTE STSTMIS, =C. 31-11.61917
.QD AM=c'AN WASTE STSTmm Oi P2, INC. 25-1590673.
RESCZRC3 CONSERVATION COAD. 25-1307986
R SOURCE CONSERVATION CORPORATION
SEADE TOWNSE=P WASTE M&N&GZMMNT FACSI =
F
(_ENMZay SITE ZNFORv.ATION.
- Municipal and Residual Solid Wasta Fac _.ity
Application Filed: February 26 , 1987
Pe---mit Granted: August 26 , 1991
- - Total of 17" Federal, State and Local Permits
Site Acreage: 798. 78 Acres
Permitted Acreage: 703 . 92 Acres
Permitted 'waste Disposal Area: 113 . 83 Acres
Landfill Area A. 64.98 acres
Landfill Area B: 43 . 85 A.Cres
- Permitted Ai space: 12 , 942,722 yd'
- Anticipated Life: Twenty (20) years minimum
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 Openi,-+g
Date - June 1992
. R=URCE CCNSERVATION CORPORATION
AL'"- E PERM=
1. Permits sought i.a DER Permit Application:
(a) Municipal Waste Permit (101421) - Issued 08/26/91
expires 08/26/2001 ,
(b) Ear: Disturbance Permit Ch. 273 a! Ch_ 1 0 2
(5687803 ) 06/19/91 expires 06/19/93
(c) Water Obstruction and Encroachment Pe---mit Chapter
105 Permit (E56-151) , Issued 06/19/91 expires
12/21/93
(d) NPDES =emit for Underdrain and Leachate Treatment
Faci_ity (PA0097110) - Issued 08/26/91 expires
(e) BWQ2Q 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. Tempora-y operating permit to expire
05/32/92.
2. Wetlands Permits :
(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 obstructionPermit (E56-I51)
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 Application
No. 5687803.
(d) Clear. Water Act Section 401 Water Quality
Cert-if ication (NN30) See Corp of Engineers Permit
88005-
(e) Clean Water Act Section 404 Wetland Jurisdiction
_ Confi.=ations (all mitigation areas) See
Eagineers Permit 88005 n
k92re0217 8
•• (f) Chapmer 105 Dam Safety Permit (Statler St. and J.T.
Mitigation Sites) D56-118, 119, 120, 121) Issued
08/26/91, expires 12/31/92.
(g) Bureau of Mining and Reclamation Authorization to
Mine (Wil "ie Will mitigation) (1-027C10-56763036-02)
(h) Bureau of Mining and Reclamation Water Ohsvuc`a. on
and Mi=oachment Permit (Willie Will mitigation)
(4176SM4-E-1 and 56763036-E-1)
( i) Bureau of Mining & Reclamation Surface 3L-ning Permit (Willie
Will mitigation) (No. 56763036)
( j) Bureau of Mining & Reclamation Surface ,.._zing
License (Willie Will mitigation) (1-02700)
3. Shade Tcwnshin Permits:
Registration u,der Shade Township Ordinance ,165
k9 2reO 217 9
CORPORATE OF TICZRS
CHRSSTOPT'=R L. LTTE, PRESIDENT/DIRECTCR
SS #293-54-2017
1006 WA.J'NUT S;R-T, CANAL WINCHESTER, CH 43':10
DENNIS P. WILBL-R-11, VICE PRESIDENT/SECRET'ARY "n-M SLTP=/DIRECTOR
SS #275-52-2277
1006 WALNUT ST-IR--- -- , CANAL W=tCHESTER, OH 431.10
RICHARD A. WIDDZRS, 3R. , VICE PRESIDENT/ASSLiTANT SECRETARY
SS 4297-46-4146
• 1006 WALNUTS =, CANAL WINCHESTER, OR 43110
DENNIS W. MARCZZ-mTl, VICE PRESIDENT
SS #178-36-6772
795-20 PINE VALLEY DRIVE, PITPSBURGH, PA 15239
BRIAN W. GRACE`Z, VICE PRESIDENT
SS #192-46-4372
RD #l, BOX 305, CAIRNBRAOR, PA 15924
MID-AMERICAN WASTE SYSTMCS, INC. 31-1261917
MID-AMERICAN WASTE SYSTEMS OF PA, INC_ 25-1-590671
` RESOURCE CONSERVATION CORP. 25-15079SG
ex—:^n+t—a:rtr. rrae reMMa�escTr+ oF�,z-,K,•.�
QMPARTMGVT aF 'WVIRQNMG'tTAt. RESOUACSS
AUAEAU rJF :SAB rE MANAGeAENT
P'lemlt
-
• Sciid 'Waste 171sposal and/or Processing Facility
FORM NO. 8
Permit No.
Date Issusd August 25. 1491
r Date Exipired August 25, Z001
I
I
Under the provisions of the Pennsylvania Solid `haste Manacemen*. Act of July 7, i ScC,
Act 97, a permit fcr a solid waste dispcsai and/or processing at imunicipatityt
�itade Townshio in the County of Somerse�
IS granted tc (appiicart) Resour:e Conservation Corporation
(address)
R.0:F1l 6cz 305
Cafrnbrooki PA 15924
This permit is eppiicairl2 td the facility naroad as Spade Tawnshia `4ste +tanaoe,.ne.n.t
Facility and described as:
La<<tttdet 40° 07' 241
Longitude: 78° 47' lou
This permit is sublatt to nibdificetion, amendment and supplement by the Department
" l
of Environmental 94seureed and IS furthet Subject td tevac2tiCH of suspension by the
Department of EnViFcA fi13ntai RdtourcaS fat Sny violation of tho applicable laws or the
rules and requl'atidfid Sdbptod th9reundlat, fat filfbre to cdenpjy.th Whole or in part with
the conditions of tHIS patmit end the ptovlslone"sat forth in the applicStfoti no. 101421
which is made a part hereof, or for causing any condition nimicai to the public hesith,
safety or welfare_
See attachment for waste limitations and/or
special conditions G
Ft THEE DEPARTt91W OF
HVVMMIMENTAL RESOURCES
IT
THIS PERMIT 18 NON—TRANSFERABLE.
page 1 of 3S
COMMUNNEALTN OF PENNSYLYANIA
.771r?71AE?!T OF c?IYIPOHME?ITAL PcSCUFC_S
SOLID '�ASTc FORM N'O. 8
Permit
For
Solid Haste Disposal and/or Processing Facility
Under the provisions of the Pennsylvania Solid 'Waste Management Act, the Act of
July 7, 1980, P.L. 38Q , 35 P.S. 56018.101 at sec. , Solid Waste Permit Number 101421
is issued to: Resource Conservation CorpoTatTon , R.O. fl, Box 305, Cairnbrook , PA
15924 far the operation of a municipal waste landfill in Shade Township, Somerset
County.
1. This permit is issued in response to Solid Waste Management Application lio .
10147-1 dated Juir Z, 1991. Subsequent revisions and adden.:.r(s) are approved by
the Department and are a part of this permit.
Z. This permit is issued in accordance with the Solid Wasts Management Act, 'tie Act
of July 7, 1980 , P.L. 380, 35 P.S. 16018.101 at sea; Municipal Waste Planning,
Recycling and Waste Reduction Act of 1988, 5-2 p.714090. 11011 at sea. ; Air
Pollution Controi Act of June 8, 1960, P.L. 2119, 35 1 A
saQ6sea. : the
Clean Streams Law, Act of June Z2, 1937, P.L. 1987, as amended arta die regula-
H ons promulgated pursuant to these acts.
3. This permit is issued in accordance with 25 Pa. Code H Z71, Z73 and 285 for
707.16 acres as shown ort Phase I Drawings R2, R3. R4, and RAA, revised June, 1991
and described as the permitted facility area. The site utilizes 60 mil 14UPE as
the primary and secondary liner. This permit authorizes the disposal of
municipal , construction/demolition, and residual waste. No other wastes
$hail 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 3261 is prohibited at this site•.
4. This approved application consists of the fallowing documents:
Fcryn No./Letter Form Titie Date (Revision)
Form A Application for Nunicipai waste Permit 8/89
; Rev. 7191
Form B Professional Certification
Form BS Application Farm Certification 1191
THIS PERMIT i5 NOR-TRNSFFR BL
Page Z of 35
�j�jVjjyYYVY 4/dr a VLLV. D ' WY.r.v ..�
LFL FE 32-aCAL U';M- EL iA=LGN
A. 2:7-idC a decade: Ce :.ACC of zaC Oi Ciln1i'c:._z vS -Cr
. tt= Discosai Site. Ln each case, please nota. air/ derieton from the 'Lf r Mum
C-=tr-acoon Requi..mcnts noted in Sec.�on 5a:a4.
?. I:ne: Systems: 50 mil H.D . P . E . primary and secondary , double
' avered geonet detection Zone , One foot min . 108 sub-base
_ w' sur`ace Foundation and Growndwatet:
Aporoximately 41
orccessed soil: for sub-base . %1in . 8 ' seperation
to high regional water table .
I eac: ate Coilect"CM
and.Treat::.ent System: 6 " H -D-P . I . s' zone
existing liner system thru dual containment 8" H . D . P . E.
pioing for conveyance to holding basin ,to on-site 'treatment
S4. Gas Venting- Active ( vacuum) , extraction wells 200centers
to flaring pads .
S. iYtonitoringSystem: 24 groundwater- wells monitored quarterly
6- Costae Flan 40 year monitoring period after closure:
$15 .8 closure bond.
.. L_
TIITGI P.A7
(Irsiocmation Bid Form B - Continued)
F„Fccted Site Lifc at anticipated -eraiving rate: e 5 Years
Enginec:ing Contac:.-
Frn: Paul' C . Rizzo & Associates
i -
Address: 300 Oxford Orive
Monroeville , PA 151115-2343
l a aiZ-8566-9700
'G;atac:.
Deb-Lange-Kenned.. P..one:
-77
TfIT01 P [1
SCHEDULES
L
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 INFORMAL AND NOT
AWARD THE WORK TO ANY SUCH BIDDER. THE OWNER RESERVES
THE RIGHT AT ITS SOLE DISCRETION TO WAIVE INADVERTENT
OMISSIONS ON THE FORMS OR TO REQUIRE: THE BIDDER TO
PROVIDE SUCH OMISSIONS AS THE OWNER MAY DEEM TO BE
IN ITS BEST INTERESTS.
•
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 : _Tully/Construction Co. Inc.
104�
By : - Peter K. Tully - Date: '-`day 26, 1994
(Authorized mature)
NOTE: (1) If blank not applicable, Fill in with N/A
(2) IF bidder owes the Town taxes or is involved in
any litigation, a statement of explanation will be
attached hereto .
Tax/Litigation Certification Schedule S .O .A
BID (PROPOSAL) FORM
0
INFORMATION SCHEDULE B
Town of Southold Bid Project
Solid Waste Haul-Oisposal 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 York 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
{
TNFORMATInN SC:HEOIJLF. R - ContlnuPd.i
Name of Bidder : Tully Construction Co. Inc.
-----
By : Peter K. Tully -
--___—___--___— Date: May 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 .
C2) IF blank not applicable, Fill in with N/A
I
. Bidder OFFice Location/nune_r5hlp 5chec;_iir _ .O . tt
CertiFication Page 2 of 2 "
BID (PROPOSAL) FORM
4i
INFORMATION SCHEDULE D
Town of Southold Bid Project
Solid Waste Haul-Disposal Services
The Bidder herein certifies that the below named individuals are
the current registered corporate officers, along with their
current permanent addresses, and designates their authority to
execute an Agreement on behalf of the firm
Officer 's Name Kenneth Tull— Officer 's Name
Subsidiary Parent
Corporate Title_President ---- Corporate Title
Address 59 Colonial Drive
City Plandome, NY 11030 __-- C i tg
State, Zip__ New York 11030 — State, Zip
Officer 's Name Peter K. Tull Officer 's Name
Subsidiary Vice President 3c Parent
Corporate Title_ Sarrets4 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
City------------------- C i t y---
State, Zip................
-- State, Zi
Current Corporate Officers Schedule S . O . D
BID (PROPOSAL) FORM Page 1 of 2
INFORMATION SCHEDULE D - (Continued)
Officer ' s Name-_N/A_____--__ Officer 's Name___________
Subsidiary Parent
Corporate Title......—.... Corporate Title_—_ _
Address Address
City--------------------------- City
State , Zip__ -_______ --- State, Zip__—_— —
Name of Bidder : Tully Constr ction Co. Inc.
Corporate By : Peter K. Tully
— -- --- — --
Seal ";;00
Date: May 26, 1994
NOTE : If blank not applicable, fill in with N/A
current corporate Officer Schedule 5 .0 .0
BID (PROPOSAL) FORM Page 2 of 2
TNFQRMATIHN SCHEDHLF 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 StatementCs) including as a minimum the
Firms opinions , notes , revenue/expense statements ,
conditions of cash, etc . The attached statement provided
includes:
Accounting Firm NameS �T�
Address —_—
Financial Period ---- To - --
Statement Date_________—
2 . The bidder certifies that he currently. has an available
line of credit in the amount of $ JAI — A
supporting documentary evidence atts 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 S .O . E
BID (PROPOSAL) FORM Page 1 of 2
INFORMATION SCHEDULE E - (continued)
'f . 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
- Tn11v�4II5�l:lli<.L10Il -----
Name of r�
Vice President
—_ ----------- ---
ritl
State of New York, County of QLeens —__. _----
Peter K. Tully ---- being duly sworn deposes and says that he
is _ Vice President of Tully Construction Co. Inc.
,R7
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 — 199'f .
BRUNO A.AGOSI1
Notary Pubic,State of Now York —
27
OuaiHied In SuBoik.County N o t a r
commisswn Expires Oct 31,ION
My Commission expires
NOTE: (1) (Bidder may submit additional information if
desired as Schedule E attachments . )
(2) If blank not applicable , fill in with N/A
Bidder ' s Financial Condition Schedule 5 ,t1 ,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 MRI,C.P.A.
STEVEN KAYE.C.P.A. TEL (516) 754.0505
JOHN CHEEK, C.P.A. PAX (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.
i
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 128,576.821 120,599,080
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 128.576.821 $20,599,080
See notes to consolidated financial statements.
2
INFORMATION SCHEDU!.E: F
Town of Southold Bid Project
Solid Waste Haul-Disposal Services
The Bidder herein certifies that it is qualified to perform the
work covered bg 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 CONST_RUCT_ION CO. INC. _
SZ . Business Address: 127-50 Northern B.A. `—
Street —
Flushing, New York 11368
City State Zip
3 .. State incorporated: _ New York --- Year incorp . — 1978 —
L4 , New York State; Business License No . :
S . No . years in contracting business under above name: 16_yrs .
6 . Has Firm ever defaulted on a contract? Yes No X
7 . Gross Value - work under current contract : S 70V ang oGo__
6 . Number of Current Contracts:
9 . Brief description general work performed bg 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 S years)
11 . 1 Project Title: _ see 24� c� `l'
Owner 's Name:
Address :
Engineer:
Address :
Project Initial Start Date:
Project Acceptance Date: _
Initial Bid Value: S______
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 2 of 1i
INFORMATION SCHEDULE F - (Conr_.i ,,upd )
Initial Bid Value: $
Final Complete Complete Project Value: $
Brief Project Description:
11 . 3 Project Title:
Owner 's Name:
Address:
Engineer:
Address:
• Project Initial Start
Project Acceptance Date:
Initial Bid Value: $
Final Complete Project Value: $ —
Brief Project Description: —
•
OualiFications Summary
BID (PROPOSAL) FORM Schedule S .O .F
Page 3 of 4
INFORMATION SCHEDULE F - (Continued )
12 . Principal Firm Members ' Background/Experience (3 members
minimum) . Attach current resumes as Schedule 5 .0 .F
supplement or give concise description by individual .
Name of er: Tully Construction Co. Inc.
By Date: May 26, 1994
prized Signature)
ter K. Tully
•
NOTE: Any supplemental attachments or modifications to this
form shall be labeled Schedule 5,O .F, and shall be
properly integrated into this Bid Form .
If blank not applicable, fill in with N/A
l
• i
Qualifications Summary Schedule 5 ,0 , P
BID (PROPOSAL) FORM Page 'f of 'f j
TULLY CONSTRUCTION CO. INC.
GENERAL CONTRACTORS
PHOSE 446.7000 137-50 NORTHERN BOULEVARD
AREA CODE 718 FIUSRINO. NEW YORK 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
• 'PULLY CONSTRUCTION CO. INC.
3. Job: Our Job No. 91-117 $2,288,707.
Contract No. 91-92 (3 Year Contract)
Rockland County Sludge
Transfer and Disposal of Sludge Cake
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 (9114) 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
'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
•
• l ULLY 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.E.
• 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
• TULLY 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 ternporary
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 Develoomelnt 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 Evan 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 Consultina Corr).
197475 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 Coro.
1985-90 Supervisor on the project to 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 Willets 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 Manager 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
(914) 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 CorG>.
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 (in
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, N.Y.
8) The Construction of a $7,000,000 Dredge Disposal
Pilot Program for NYCDOS 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.
Contractor: Tully Const,
Co. , Inc.
Ask Us'"
FU""ER
&CFBRIEN
INSURANCE
Fuller&O'Brien. Incorporated,
Surety Bonds &General Insurance. Processing Date: 5-23-94
P.O. Box 1099, Albany, New York 12201 Bid Date: 5-26-94
Phone: (5181 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
L 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�erine the above captioned project. Kindly
have the appropriate parties sign as indicated below.
i
Please notify us of these bid results at your earliest convenience.
Fuller& O'Brien. Inc.
fag By:�^^
Timothy . Tyrrell
Signatures Required: Additional Requirements:
Kenneth A. Tully, President
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 ($1002 "'-"- or
000.00) ------------------- f 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,
(b) If said Bid shall be accepted, and the Principal shall
execute and deliver an Agreement in the form of the
Sample Operating Agreement attached hereto (properly
completed in accordance with said Bid) and shall
Furnish certificates of insurance and a bond For this
Fait?,ful 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.
Gs / CL .S , )
Pri cipal Kenneth A. Tu y,President
RELIANCE INSURANCE COMPANY
. Surep
Byew
T. M Ty ell, Attorney-in-Fact
Address of Surety: _ 4 Penn Center Plaza,_Ph:iladelvhia,�12L 3 _
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-r-Tu y _�, �to me knouln , who being
duly sworn, did depose and say that he resides in
Plandome Manor, New York that he is the
Pres ent _ of the Z� 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 Cou
Coamt. Exp. 9-30-94
Form of Bid Bond Schedule 5.0 .K
BID (PROPOSAL) FORM Page 2 of 3
CAC OWLEDGMENT BY CONTRACTOR, IF A PARTNERSHIP)
STATE
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 oing 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 .
tary Public
(ACKNOWLEDGEMENT BY INDIVIDUAL CO RACTOR)
STATE OF: )
COUNTY _ _ SSni:
. On this day of IS__, :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
RELIANCE INSURANCE COMPANY
PHILADELPHIA,PENNSYLVANIA
PRINCIPALS ACKNOWLEDGEMENT—IF INDIVIDUAL OR FIRM
State of New York County of Sr.
On tiro day of .19 ,before me personally came
to me known to be(the irtdivtduaf)lone 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 Newyork.County of Albany Sr.
Onthis 26th Kenneth A. Thuya May .1994 .before me personally came
to ms known,_who,being by me duty sworn,deposes and says:That he resides in Plandome Manor, New York
P
thatfais resident of TULLY CONSTRUCTION CO. , INC.
ft corporation described m and which executed the within imbument; that he knows the seal of the saki corporation; that the seal
affixed to the said instrument is such corporate seal:that it was so affixed by order of the Elrard of Directors of the said corporation,and
that he signed his name to the said instrument by tike order. Albany County
Comm. Exp. 9-30-94
.
SURETY COMPANY'S ACKNOWLEDGEMENT Notary P
Sate of New York,County of Albany ss: '
Ono* 26th T. M. Tyrrell day of May .19 94 ,before me personally came
toms kwwn,who,being by me duly simm did depose and say:That he residss in Albany, New York
that he b Aetansy4n-Fact of the RBJANCE tlJSURANCE COMPANY. the - it , al', described in and which executed the foregoing
icon"isr.20 it - so affixed nstrument that he knows the corpto tastexilly granted to him in accoodancts with the bHows at odd .ora-seal of said company.that the a" affixed to said imbument is S SuchI'm that in signed his
corporate seal of said nam Nty;- a atm by Me aut otits the Superintendent of insurance of 8a State of New Yorkk has,pataurtt to Chapter 882 of the haws of
Os State of Now York fox the yew 1999 con afti imp Clnpter 28 of the Consolidated Laws of on State of New Yak ivawn as the hmurarwe
Law,hosed 110 tihe RELIANCE OMMIANCE COMPANY his Car VIP m Dat said company a,qts W tolaoomo seely a guarantor on all
bondk undertakings. racog�roea, fT s and oaar obligations required or permitted by taw; and 00 such cerHIcals has not
bow �
Albany County
Comm. Exp. 9-30-94
arytic
Financial Statement December 31,199:3
ASSETS LABILITIES
Cash 04 Bank Deposits .................... $ (3,181.3662) L.oeaes and Las Adjustment Expense ......... S 2,519,849,366
Securities ................................. 3,139.765= Unearned Prenwmu ........................ 703.528.575
Premium Balances(under 90 Days) ........... 9.541.012 Odor Taxes ................................ 6.527.322
Accrued k0west and Dividends ............... 34.229.633 Omer Liabilities ............................ 462213.282
Federal income Taxes ...................... 16.180.386 Taal Liabilities ..._....................... S 3.692.118.545
Other Assets .............................. /.402.866.039
Total Admitted Assets ..................... S 4.699.400.940 CAPRAL AND SURPLUS
Capital Paid Up ............................ S 664255.197
Surplus ................................... 243.027.198
Sated Washington ) SS Total Policyholders'Surplus ................ 907282.395 -
�cay«King ) Total Uabilibm Capital
and Surplus .............................. S 4.599.400.940
Lawrance W. Cadstrorn being duly sworn says That he is Yoe President of the AEUANCE INSURANCE COMPANY:sat said company is a
•corporation duly organized.existing.and wgpsd in business as a surety by visna of the laws of the Commonwealth of Perm oveaW and las duly
0004*0 with ab the requirements of the Iowa of Said conahonwesah applicable to said comprny and is duty grafiied to act as surety urder suit
law;that said company has also eonhpfis I with and is duly qualified to act as surety under as Act of Congress of Sepwnba 13.1992,as amended
cal U.&G§9301 OL seq): that the 1oig is a kra, thus and eorreU sediment of the financial condition of said company on the 31st day of
December.1991
isSworn to before me this 31st day of MwctL 1999/JoL ..
l/1 azQQ�CQ�cCr3G IN
u a �
Y01Presia4M
Jw"-LCm=bnd.Noaryf Mc.StmolWaa*glmsur P'JS�iL'
County Of Xmg.My Commiaseh ExPkes February 5.199& sr 2-5-Y.•
FOS w��i.•
BOR-116273194 .
NO. 2 53 515 CASUALTY INSURANCE
BINDER LIBERTY
MUTUAL®
WITH RESPECT TO GL COVERAGE. THIS POLICY PROVIDES C1 Claims Made `$ Occurence
1pSURED Sop Attitic-hpd Tint
ADDRESS
Pending the issuance of the policy or policies of the type or types described below,LI BERTY M UTUAL 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 thereafter such
cancellation shall be effective,or (2) by the insured by mailing written notice to the company stating when thereafter such cancellation shall be
effective.
This binder shall be effective on 5/05/94 at 12:01 A.M., and unless 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 `ra CAT,ON LOCATIONS TO WHICH BINDER APPLIES
sYMeOL (TO BE ASSIGNED)
UMSIR
TP Owners' and Contractors' 8.6 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 CIES
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 &PD LIMITS OTHER LIMITS
POL I LOC. GEN'L AGGREGATE PRODUCTS/COMP. EACH OCCURRENCE FIRE LEGAL * MEDICAL * PERS/ADV.INJURY
SVM NO. Other than Prod/Comp Op OPS AGGREGATE UAB.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 as the effective date unless otherwise stated heroin.
RETROACTIVE DATE: ' Subjadt 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
*--_— / Approved By: Jim Wenhold - Lynbrook BAU Gault 216
lAberty Mutual lnsuj A�L't Group POLICY ISSUING OFFICE NEW Oa REN.
�"�7 New Castle New
qz.,
TYPED 9Y DATE
.... mnRIM"e ('Aeolefflaaed HY Aullwrilled Reprt e lrLuseritymatiand
BS 764 R3 Printed in U.S.A. IM1nB0e GEwP
GA5IJALTT IIY.7
BINDER LIBERTY
MUTUAL.
i
H RESPECT TO GL COVERAGE, THIS POLICY PROVIDES ❑ Claims Made Occurrence
URED TULLY CONSTRUCTION CO., INC.
197-50 NO THFRN RT VTl
.ADDRESS FT.TTSHTNr,, NY 11268
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 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 POLICY NUMBER TYPE OF POLICY LOCATION LOCATIONS TO WHICH BINDER APPLIES
SYMBOL. (TO BE ASSIGNED) 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 POLICY
EMPLOYERS' LIABILITY SYMBOL SPECIAL PROVISIONS OR AMOUNTS OF INSURANCE FOR OTHER CASUALTY POLICIES
STATES COVERED
LIMIT OF LIABILITY—COVERAGE e
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 FIFE LEGAL 'k MEDICAL * PEPS/ADV. INJURY
SVM NO. Other than Prod/Comp Op OPS AGGREGATE UAB. Per Fire PAYMENTS Per Person or Org.
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 AMC SALES OFFICE
Approved By: Tim Wenhold - Lynbrook BALI
Gault 216
]•,.Iberty Mutual InsurAIIa Group POLICY ISSUING OFFICE NEW OR REN.
New Castle New
C TYPEo
By DATE
). . . .. .. . ✓I/� TF 5/06/94
sersmer Pneaocer f',oueteniaeed NY A., need RepaBBtelire Lib"Mutual
&4734 R3 Printed in U.S.A. Tasucaoee GRpup
INFORMATION SCHEDULE L
PERFORMANCE BOND
Bond No .
KNOW ALL MEN BY THESE PRESENTS, that
----_ (hereinafter called the "principal " )
and inafter called
the "Surety" ) are held and Firmly bound to the Town of Southold
(hereinafter called the "Owner" ) in the Full and ,just sum of
dollars ($ ) good and
lawful money of the United States of America, For the payment of
which sum of money , well and truly to be made and done , the
Principal binds himself, his heirs, executor;, 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
1991, with the Owner For the Town of
Southold Solid Waste Haul-Oisposal Services, a copy of which
Agreement is annexed to and hereby made part of this bond as
though herein set forth in Full .
NOW, THEREFORE, the conditions of this obligation are such
that if the Principal , his or its representatives or assigns,
shall well and Faithfully comply with and perform all the terms,
covenants and conditions of said Agreement ar 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 his (their, its) agents or servants or the improper
performance of the said work by the said Principal , or his
(their, its) agents or servants, or the infringement of any
patent or patent rights by reason of the use of any materials
Furnished or work done as aforesaid or otherwise, then this
obligation shall be null and void, otherwise to remain in Full
• Force and effect ;
c
Performance Bond Schedule 5 .0 .L
BID CPROPOSAL) FORM Page 1 of 2
i
PRO`-ITnF.D HOWEVER, the Suretu , For =-value recei,'ed , 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 C10)
calendar days after written notice thereof from the Owner and to
complete such work within ten (10) calendar days From the
expiration of the time allowed the Principal in the Agreement For
the completion thereof; and Further
PROVIDED HOWEVER, the Surety , for value received, For itself
and its successors and assigns , hereby stipulates and agrees that
the obligation of said Surety and its bond shall be in no way
impaired or affected by an extension of time, modification, work
to be performed thereunder, or by any payment thereunder before
the time required herein, or by any waiver of any provisions
thereof, or by any assignment, subletting or other transfer of
any work to be performed or any monies due or to become due
thereunder; and said Surety does hereby waive notice of any and
all of such extensions, modifications, omissions, additions,
changes, payments, waivers, assignments, subcontracts and
transfers, and hereby expressly stipulates and agrees that any
and all things done and omitted to be done by and in relation to
assignees, subcontractors, and other transferees shall have the
same effect as to said Surety as though done or omitted to be
done by or in relation to said Principal .
IN WITNESS WHEREOF, the Principal has hereunto set his
(their , its) hand and- seal and the Surety has caused this
instrument to be signed by its ____ and its
corporate seal to be hereunto aFFixed this day of
CIF Corporation add Principal
Seal and Attestation,) By :
Attest
---
Add Corporate Seal By :
Attest
• Address of Surety
Performance Bond Schedule S.O . L j
BID CPROPOSAL) FORM Page 2 of 2
INFORMATION SCHEDULE N
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)4Per
��
. Tully
(Corporate Title)
( if any )_Vice_President____
B i d on May 26, 1994
Non-Collusive Certificate Schedule S .O .M
BID (PROPOSAL) FORM
APPENDIX A
Sample Operating Agreement
•
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 199'i 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 q
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. -i
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
f
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
C2) and three (3) 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 by giving Contractor written notice of its intention
to renew at least thirty C30) 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 C60) 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 lo53 on account of ana
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 service's to be performed by
Contractor .
C . Contractor represents that the information
Furnished by Contractor in the equipment schedules included in
the bid is accurate and complete and Contractor acknowledges that
Town has relied upon the accuracy and completeness of that
information in the selection of Contractor as the lowest
responsible bidder .
D . The Contractor represents that Contractor
shall utilize its best efforts to insure that Minority and Women
Owned Businesses (MBE 's and WBE 's) have the opportunity to
participate as subcontractors under this Agreement . In the event
• the contractor subcontracts twenty-five percent (25%) or more of
its work hereunder, Contractor shall submit to the Town an MBE
APPENDIX A-3
i
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
i
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 ,
I
attorney 's Fees and expenses of what ever kind or nature which
the Town may directly or indirectly incur, suffer or be required
to pay by reason of or in consequence of the Contractor carrying
out or performing under the terms of this Agreement, or Failure
to carry out any of the provisions, duties, services or
requirements of this Agreement, whether such losses and damages
S,
APPENDIX A-'f
i
are suffered or sustained by the Town directly or by its
employees, licensees , agents, engineers, citizens or by other
persons or corporations, including any of Contractor 's employees
or agents who may seek to hold the Town liable therefore . This
obligation shall be ongoing, shall survive the term of this
Agreement and include, but not be limited to, claims concerning
non-sudden environmental impairments .
The Contractor shall gain in the commencement of any
action or proceeding or in the defense of any action or
proceeding which in the opinion of the Town constitutes actual or
threatened interference or interruption with the Town 's rights
. hereunder, including all appeals which, in the opinion of the
Town, may be necessary .
B . Contractor shall procure and maintain the
insurance described in Section A of the Solicitation for a period
commencing on the date of this Agreement and terminating no
earlier than one year following termination of services under
this Agreement . All such insurance coverage shall name the Town
as an additional insured and shall provide that the coverage
shall not be changed or canceled until thirty (30) days written
notice has been given to the Town All such insurance shall be
issued by a company duly authorized to transact business in the
State of New York and acceptable to the Town and shall include
all riders and additional coverage necessary to insure that
Contractor will be financially able to meet its obligations under
the foregoing indemnification . �.
r
APPENDIX A-5
1
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 . FDRCE 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
(`}) the presence of hazardous waste upon, beneath
or migrating From the Transfer Station .
It is specifically understood that none of the
Following acts or conditions shall constitute uncontrollable
circumstances: (a) general economic conditions, interest or
inflation rates, or currency Fluctuations; (b) the financial
. condition of the Town, the Contractor, any of its affiliates or
any subcontractor ; (c) union work rules, requirements or demands
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; Cf) 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
result of such requirement , all costs resulting there From shrill_
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 . OISPUTES/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;
If . 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
_ _ a
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 . NDTICES
• All notices required to be given hereunder shall
be made in writing by First class mail addressed as Follows:
•
APPENDIX A-1`I
If to the Town :
Supervisor of the Town of Southold
Town Hall
53095 Main Road
Southold, New York 11971
With a copy to:
Solid Waste Coordinator
Town of Southold
53095 Main Road
Southold , New York 11971
IF to the Contractor:
With a Copy to:
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the day and year first above written
TOWN OF SOUTHOLD
Thomas H . Wickham Supervisor
APPENDIX A-15
APPENDIX H
New York State Department of Environmental Conservation Permit (Temporary)
•
•
/Ty
/3
t OCT 02 193 .E; _.. nIG [llV.fpiVS. P
i
F407/ YQt'{; 'Ztald C3 2zr4ff,"4 G: S_i1`aCi"0RC7eille{ CUnb3!'J7i{{6!i
�YErH Aj�. Etap
_- y ra�� t�3„ yYalit i4T40 � '
FACSIF?IIS: (515) 444-0373
October 8 .. 99
, 1 3
Thomao C.darl(nq
my Commissioner
f,T& .��•` C• N,
Frank Isler, Esq.
Smith, Finkalatain, Lu.-,dbarg,
Islar and YakabosY.i
456 Griffing Avenuo
P-O- BOX 389
Riverhead, New York 11901
Rte: Toka of Sc!sthold Traaator Station
8acilitg IdontificatiO.
NO. 52 T 92
Dear Mr. Isler:
Pursuant Co Z-TI(2, of
of Deputy Co:=iesicthe Sontc►sckicr C, 1 91 Decision and Order
ner Eduard 0,Sul-livan, 'DLC 140- 1-4020, the
Department hareby approves oaerat:ie:: of the tem cram
station at the Cutcnogue site for a one gar p 1 transfer
effective Saturdey, October 9 1 Y Period of time
station has been carti�ia ' 993: Construction of sail transfer
Richter, .toda e by the Toun Ergineerirg Inspector, Jams
Ir. O.,,.o5er g
Operation at the facility gill ba as detailed -in
Engin®wring Report prrnnred by Dvirka & Barti:i.ucci dated September,
1993 , and in addition, the Town must romgly with tho following
Operating conditions:
1• The Town must comply with 6 NYCRR Subparts360-•1 (General
Provisions) and 360-11 (Transfer Stations) of 6 N
(effactiva October 9, 1993) 1 exeept . as e
authorization and the aby
pproved pecificaily modified YCRF2 Part 360
Engineering Report and Flans.
2. The Tout, shall not store wastes at tJhe
72 hours from thle time of acceptance of facility more than such uasta.
3. The Teun she12
nuisance : sucr. take all necessary steps t.o . control
as blcwirg papars, vectors, dust and odors..
4 . The Town Is at: cd t
hac operate the facility from the.
us of 7:00 t .:n, to :0000 pp.z60v,ait (7) :days per `.gee:c. —
5• The Tcwm is prohibited Prom, receiving at this facility
hazardous waste as dafinecz .- E NYCP'R ,art 371 or regulrtad W2dical
Wastes as dafiaed in 6 NYCPF P�rt'.360.
advance, :. ;�ritiirg by tha F.a�• hPProva2 must be c�rarted in
non-hazardous i:duEtriel wentSO..d1 Sc�id Haat(! Engi:les*, :0 acc8
e. a,: -the facility, p'
Pt+ctdt-t+rx,a•�at•sr^m:Ea'n,3.rc7.7; i -'F�+ Paces 1 of 2.
71
i
t
OCT e3 '93 16= 1E t"5 VIV.COI 6-
Frank Isler, Eaq.
Rot To«'.= cf Southold irmzsf= Otation
raoility Ideinti_ication no, s7_ s2 'Cont'd. 1,
October a, 19913
T2:i3 autho;isaticn is l:ondi_ioned upon the Tcivn's strict
acneranc=a to the conditicnr, aa outlin&d abo-va and fsilure to do so
may result in a revocation of this authori:Lation.
Very ' aly yol�Yo,
RPY E. covzq, P.L.
Regional Lircctor
REC/HEC/cs
Eno.
�- Fage 2 of 2.
•:awt�olyltltSe9lca
A
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
aken: _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
s
i
APPENDIX D
•
Town of Southold SWMP (Executive Summary)
I
3
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, 19511. 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 preserva.tional, 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
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the second largest land use is agricultural land (25%). Other land use such as residential,
commercial, and industrial account for much of the remaining land.
S.2 Current Solid Waste Management
The Town owns and operates a solid waste complex on County Road 48 — Middle
Road in Cutchogue that receives most of the municipal solid waste generated and disposed
of in the Town. This includes waste from residential, commercial, institutional, and
agricultural sources. The solid waste_ complex consists of an inactive landfill that ceased
operations on October 8, 1993, a multimaterial residential recycling drop—off area, a
bi—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
center is free. The materials included in the recycling effort are:
6168R/4
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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
In accordance with its solid waste management plarming'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. an&##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 of 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 pgr 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
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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.
Wast- - tggory
ZLBy Wei
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, X2,4
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:
W ct- Composition
5-by-Weighs
Paper a9.09
Plastics .54
Food i 6 6.53'
Ferrous Metals 6.88
Nonferrous Metals 1 28
Batteries 0.06
Class 5.41
Wood 5.08
Rubber 2.11
Dirt and Fines 3.74
Yard Waste 20.41
Bulky Waste 3.36
Misc. 5 0$
TOTAL 5.08
1
*Totals may not add to exactly 100% due to rounding.
i
6168R/4
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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
reductiontreuse/recycling (including composting) goal that will exceed the State's goal.
The alternatives that were previously evaluated in the original SWMP for long—term
processing or disposal of the residual portion of the waste stream were:
o Continued landfilling
o Use of a new, double—lined Town landfill adjacent to existing landfill
o Processing at the Brookhaven composting—energy recovery facility (has not been
implemented)
o Processing at Huntington energy recovery facility
o Processing at Babylon energy recovery facility
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
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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.
SAA Proposed Resource Recovery ystem
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 Colon of Glass
o Corrugated/Brown Bags 0 Wood and Lumber
o Other Paperboard o 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.
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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, anti 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 solid° waste processing. Batteries constitute art 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 Plan (and updates) as a statewide
goal and is incorporated as one of the goals of the Town's proposed Plan. It is estimated
that over the long—term approximately 10% of the Town's waste stream would be reduced
by this element of the proposed Plan. It should be noted that between 1989 and 1992, the
Town's waste stream decreased by 13%.
Household and Commercial/Institutional Recycling Program
A comprehensive recycling program which would provide for the recovery and
utilization of reusable "waste" resources is a major component of the updated SWMP. This
includes a mandatory source separation program for recyclable materials generated in the
residential, commercial, industrial, and institutional sectors of the Town, which is
currently in operation. Recyclable materials are currently source separated and collected,
or privately dropped off, in a segregated manner.
6168R/4
1027 $-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: Major Household Appliances
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
t 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
i
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
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 its 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
Recycling: Yard Waste Composting
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
•
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 8 . Beginning October 9, the
garbage and rubbish portions of the Town 's MSW was
being shipped to one or more permitted facilities
in Pennsylvania. Also beginning October 9, the
C&D 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
Y,}8, 000 .
3 . While landfilling continued, garbage, rubbish, &
C&D were each deposited in separate sections of the
elevated area Capprox 5-7 acres) in middle of the
dump, with a view toward making this section a
consistently graded plateau that would be
relatively easy to cover with earth, pending final
closure . This has been done . There is not now nor
has there been in the past a formal "progression
plan" for the landfill .
'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-38X) , rubbish C-22%) , household garbage C-21%) ,
brush C-18%) , and C&D C-17%) . Increases were noted
in shellfish (489%) , sludge (131t%) , sand/sod Cnon-
purchased) C96%) , household recyclables C28%) ,
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 CCont '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 .
-- Fencing - to contain papers from transfer
operations; 12 feet high, 17S feet long .
-- Loading Platform - For loading newspaper and
mixed paper .
Recucling 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 LH9%) , cardboard C115%) , newspaper
C35%) , mixed paper C31%) , and plastic C22%) , and
• glass C13%) led the increase. Only clean wood
APPENDIX E - 3
Southold Town Collection Center
1993 HIGHLIGHTS
Page 3
Recuclin❑ Activitu (cont 'd)
(-48%) , leaf mulch C-27%) , cans C-3%) , and brown
glass C-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 , 219 tons of brush compost,
an increase of almost `150% From 1992 C228 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 Marcal
Paper Mills to stage a trailer at the collection
center For mixed paper recyclables, which are
shipped to . Marcal . 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.
Lt. 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 Program
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 - 4
Southold Town Collection Center
1993 HIGHLIGHTS
Page 4
S .T .O .P Program (Cont 'd)
2 . At a minimum of$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
IZ-4474] SOUTHO D TOWN COLLECTION CENTER
1903 C1AILIATIVE WTETLLL SW WRY
OMA A9/093 NaOW MOolO 6uOeOy 1117ORS71raarVI NOVEMBER 30
I DECEMBER
I YTO CRANGE
JAN FEB MM AIRLL MAY JULIE JULY AUG SEPT OCT NpV I TOM %CIt"I %ChWeN Flinn TOTAL FROM YTO
s Tont Ron Nov Dae 1902 TONS WTYEM
Its.
C"goobl9
I )
GeIDeg1(WV Od.913):
-canal Degl 173.25 211.12 I 199.01 -51% WA f $Us@ WA
-"Am DY wVON 21192 2119.39 I 242.33 •142% WA I 14.83 WA
-1e001u11d(Be 0991) - - 32911 23530 I 195.21 •17.1% WA I 768.01 WA
BIu1D 181112 188.11 19453 $so 00 70879 228.27 106.18 214.57 152.15 011.e2 27019 411.48 47.7% .330% 354.15• •124%
CAD 07.13 31315 41559 418.14 52900 560.02 181.51 4P249 511.40 50118 39504 ) 2511s a0e% .005% 655016 •17.0%
C9nme1a 155 $16 2.50 2006. 1332 201.22 2922 23983 12.88 3049 4470 ) 083 -981% •07.5%
11970 30.1%
Le Wh(nig 118911 33.03 97.89 51.19 18018 109.17 15179 8879 110.15 90.01 43.21 ) 18.75 -51.6% •900% 1077.110 -390%
Scrip MOM
19630 80.30 97.90 137.13 18119 23555 191.11 21959 191.15 4807 '1144 I 110.17 220% •175% I 2010.58 •77.0%
Sap MMN 79.39 26.07 1020 30.75 92.17' 5951 39.12 5881 51 a3 tn/69 7575 +'"+ ••1% v 1% j tooit &2%
7k.$ 79.70 70.0020w 10.51 30.00 10.00 0.17 10.90 10.00 15.00 18.00 22.00 22.2% `46% I 71541 1.1%
TOTAL: 988.72 710.02 80316 1500.03 1848.20 1437.00 1082.0 131200 1109.29 111448 169641 i 131290 -9.2% -117% I 15094.79 •1.1%
NorvMOp4eDN I f
Apna9mel 179.72 0201 does 1901 177 272 115 39.79 1959 101.11 12341 i
GIIDa9a(Daloa Od.0) • 111011 911100 082.32 1734.51 1105.40 1339.1s 145071 51WA 5I -55.9% .51.5% 71141 121%WAIT 1355.07 357.27 WA ( 5? WA WA 1117000 11,1%
Otago 13W 0.00 0.58 51.35 207.68 111.97 19 at 102.49 110.01 1111.711. 5.55 I 051 •90.8% -329% ) 734.29 .18.0%
LaevaNMtl1 273.22 50.08 107.27 589.50 313.12 91.14 40.29 47.92 37.94 109.00 070.10 ( 599.30 -10.6% -120% ( 2002.11 811%
Sond'SoO 140.64 0.71 423.33 1007 318.77 214.54 93.34 22177 241.0 0012 427.00 ) 291.19 -31.9% 45.7% ( 200151 11A%
SMNND 1.72 Oil 0.11 ON 14.72 11.30 8520 $301 1342 8510 $0.83 I 5490 -4.5% 17545% I 152.00 109.2%
44bge 10.30 0.00 10090 121.61 78.91 2042. 8898 12964 0.90 21.00 000 ( 296 EPR -19.7% 739.70 131.1%
Wood Gnipl '18.0 5.10 11.95 10.45 8.77 14.71 19.14 10.14 2377 tg.79 010 I 2.05 388% -82.0% 11&30 •19.9%
NpNeneN
Raryd9Mot 109.11 190.81 191.70 182.40 20395 19497 234.29 220.05 25585 26518 31844 33L00 .4.1% 67.7% 270.11 27.4%
Waste(38 polo) 4.16 4.40 4.95 4.04 4.00 4.79 6.16 7.17 8.89 5.94 11.12 I 4.91 -271% 18.2% I 10.02 1&K
TOTAIt 1840.71 1257.06 701.06 2245./0 2720.11 2011.87 2090AB 2429.60 2268.94 107151 1618.58 147.83 •18.8% .12.4%
2210932 .1.8%
GRAND TOTAL: 203106 1963.4 2747.51 374.02 4128.40 350387 3180.40 3739.50 7772.25 2033.01 328312 I 2860.47 -120% -347.9% I 300270 •30%
Waste 00
(geeont) 1175 1205 1355 logo 1810 108o 1Best 1085 104 100 171111 124 .26,3% 111.3% ) 1024 11.3%
-(mea p d ss
get auna) 12 10 0 1s 1! 0 11 21 18 0 U i o -iw,o% ERR i 171 •197%
SOUTHOLD TOWN COLLECTION CENTER
1993 YEAR-END MATERIAL SUMMARY
I
1993 I 1992 % CHANGE
TOTAL I TOTAL
TONS I TONS
I I
Item I I
Chargeable
I I
Garbage (after Oct. 9'93): I I
-carter bags I 583.38 I - WA
-carter by weight I 746.83 I - WA
-self-hauled (all bags) I 759.04 I - N/A
Brush I 3545.45 I 4295.71 -17.5%
C &D I 5550.45 I 6687.51 -17.0%
Concrete I 619.75 I 445.61 39.1%
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%
tires I 215.51 I 230.18 -6.4%
I I
TOTAL: I 15693.78 I 16472.58 -4.7%
I I
Non-chargeable
I I
Agricultural I 713.67 I 634.09 12.6%
Garbage (before Oct. 9) ( 11430.90 I 14536.49 -21.4%
Grass I 75629 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 . 163.50 204.10 -19.9%
Household
Recyclables I 2767.14 I 2100.16 27.6%
Waste Oil (tons) I . 70.02 I 61.48 13.9%
TOTAL: I 22488.32 I 22840.46 -1.8%
I I
,RAND TOTAL: I 38182.10 I 39313.04 -3.0%
Waste Oil
(gallons) I 19246.00 I 16844 14.3%
I I
Toxics (#of 55 ( I
gal drums) I 121 I 138 -18.2%
Southold Town Solid Waste Stream
1993
Total Waste Stream: 38,182 tons
MSW 15,5so
(garbagq rubbish)
CLEAN FILL 2,505 ,
METAUTIRES 825
(shellfish, sludge)
OTHER 1,184
C&D/CONCRETE 6,170 HH RECYCLABLES 2,837 °
Ar2Rlf'I a T1 ions 74.
YARD WASTE 8,387
(brush, leaves, grass
landclearing)
Source: Landfill Scalehouse
Jan 20, 1994
• 0 0
i
APPENDIX F
Southold Town Code Chapter `18
•
§ 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.
§ 484. 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:
GENERAL REFERENCES
C
Junkyards
u kyar s—See Ch.54. 38
Junkyards—See Ch.54.
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
4801 10-25-93
f
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.26-19911
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 s
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.20-19931 /
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 after ' the extraction of recyclable
materials, hazardous waste, construction and demolition
debris and landclearing debris. "Nonrecyclable waste' `
results primarily from the handling, preparation and
storage of food and includes but is not limited to
putrescible solid waste such as animal and vegetable
waste. [Added 9-10-1993 by L.L.No.20-19931
PERSON—An individual, an association, a partnership
or a corporation.
�t
4802 10-zs-93
i
§48-1 GARBAGE, RUBBISH AND REFUSE § 48-1
PLASTICS— Shall be a recyclable and shall mean all
food, beverage or household containers such as soda,
detergent, bleach, milk, juice, shampoo or cooking oil
bottles, rinsed clean. ,
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. 1-19911
RECYCLABLE—Any can glass or plastic container or
newspaper as defined in this section. [Added 2-5-1991
by L.L.No. 1-1991]
RECYCLABLE WOOD [Added 2-5-1991 by L.L. No.
1-19911:
A. Clean, untreated, finished lumber products or
remnants containing no nails or other metals;or
B. Logs not greater than four (4)feet in length and six
(6)inches in diameter.
REFUSE— Shall have the same meaning as
"nonrecyclable waste." "Refuse" shall not include cans,
glass, plastics or newspaper, as further defined herein.
[Amended 10-9.1984 by L.L. No. 9-1984; 2.5-1991 by
L.L.No. 1.1991;9-10-1993 by L.L.No.20-19931
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 residents
Who transport their refuse and/or recyclables for deposit
at the Town of Southold refuse disposal area. [Added
11-26-1991 by L.L.No,27.1991]
TOWN GARBAGE BAG—A plastic bag bearing the logo
of the Seal of the Town of Southold, of such size and
4803
�' 3-25•-81
§ 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 �C 1
• extent that such accumulation is ordinary and
necessary for his personal household requirements.
(2) The disposal of refuse at any refuse disposal area
maintained or authorized by the Town of Southold.
(3) The proper use of receptacles placed upon the
streets or other public places in the Town of
Southold for the depositing of refuse; provided,
however, that such public receptacles shall not be
used for the deposit of accumulated household
garbage.
(4) The engaging in secondhand junk and auto parts
activities and businesses when a license therefor
has been obtained pursuant to the provisions of the
Southold town ordinance licensing and regulating
4804 «�
L
§ 48-2 GARBAGE, RUBBISH AND REFUSE § 48-2
secondhand junk and auto parts activities and
businesses.'
(Coned on page 4805)
L
x
1
Editor's NeW Seo CL.S4,Junkyatda
4804.1 3-Z5-94
§ 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.
§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
�.f
4805 —
io_u-as -
§ 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). f
(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
(mss
4806 10-25-93 l/
L
��I
§ 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. 20-1993]
(1] 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.
(2] Commercial self-haulers. Nonrecyclable
waste generated by commercial self-
haulers may be either:
(al Disposed of in a town'garbage bag and
deposited at designated areas within
7 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 _s
curbside for collection on such day'or days as
the licensee serving such residence shall
designate.
�i
4806.1 io-zs-s3
§ 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.20-19931
[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 place
out for collection any nonrecyclable waste
which is not in a town garbage bag. It shall
be unlawful for any person to collect
nonrecyclable waste from a residence
which is not in a town garbage bag.
(31 Nonrecyclable waste in town garbage bags
collected by private residential refuse
h j haulers/carters and transported to the
d- landfill/collection center shall be deposited
only in areas designated by appropriate
landfill personnel.
C—�
4806.2 10-2s-9s
AM
Y
§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
container in which one type of recyclable is
mixed with any other type or types of
s recyclables.
(d) It shall be unlawful for any priivate 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 C_�
4806.3 12-25-99
§ 48-3 SOUTHOLD CODE § 48-4
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. 11-198811
D. No vehicle shall be permitted to transport refuse into
any refuse disposal area maintained by the Town of
Southold unless such vehicle displays a valid permit
and/or license issued pursuant to the provisions of this
chapter, except that vehicles owned and operated by any
of the following entitled shall be permitted to transport
refuse into any refuse disposal area maintained by the
Town of Southold, provided that at least one (1) valid
permit and/or license has been issued to the particular
entity: the State of New York, the County of Suffolk, the
Village of Greenport and fire districts, school districts
and park districts located within the Town of Southold.
[Added 7-24-1979 by L.L. No. 1-1979; amended
10-9-1984 by L.L. No. 9-1984; 12-7-1993 by L.L. No. oe
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;Rve
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.9-198421
A. The fees for the issuance of permits and/or licenses for —tea
vehicles transporting refuse into any refuse disposal area
maintained by the Town of Southold shall be as follows:
_ •'y::; I Editoe.N-4:This local law dao rauuo:be:ad(ormar Subavclions C and D as D and
t2 Edito.'s Not..This local Isar also noumbamd former U48-4 and 4"as f148d and
46$,.wpactiwly. C=MM09La
- _ 4806.4 12-0-93
�—--
4rms
§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.
(Cont'd on page 4807)
• 3
r x
4806.4.1 12-25-93
lr�� Aw
§ 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 ourrent year for
any taxable real property within the Town of
Southold assessed in the name of the applicant.
[2] A valid motor vehicle registration in the name
of the applicant and to an address located
within the Town of Southold or to an address
corresponding to the address of s 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 as is satisfactory
y 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) 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 LI. 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
§ 484 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
§ 48.4A(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:
(11 The location of the leased or rented property.
[21 The persons occupying the same.
[31 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 C
with the vehicle license registration number and
shall be affixed to the vehicle in the same manner as
provided in § 48-4A(lxc) hereof.
(c) The fee for the issuance of a lessee landfill permit
shall be twenty-five dollars ($M.).
(3) [Added 3-261991 by L.L. No. 9-19911 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) 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 Southold,
as defined in § 48-4A(1) hereof, for use by guests
temporarily residing in the dwelling of such resi-
dent. A resident applying for a guest landfill permit
shall present an application in affidavit form,signed
by the applicant, setting forth:
4808 5.25-91
' § 48-4 GARBAGE, RUBBISH AND REFUSE § 48-4
[ll 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
T noncommercial vehicle of less than one-ton capacity
{3 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.9-19911
(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.31.19921
(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 10-25-93
�qe
L��I
§ 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. 31.1992]
(8) Annual fee of sixty dollars ($60.) for each farm
vehicle of one-ton or more capacity transporting
agricultural waste. [Amended 10-23-1990 by L.L.
No. 24-1990; 2-26-1991 by L.L. No. 3-11991;
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 1$220.1 for
each single-axle vehicle transporting solid waste
(garbage). [Amended 10.23-1990 by L.L. No.
24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991
by L.L. No. 9-1991; 12-8-1992 by , L.L. No. C
• 31-1992]
(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 L.L. 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 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.3119921
G�2
4810 10-u-93
§ 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. 29-19881; 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§ 484A 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, �1
boats and other like objects that are not considered
normal everyday household waste.
b Editoes.No This local law slso redesl
Subseotiom D.E and F.respectively. ��former Subaectiona B.C and D as
s �f
4810.1 10-23-93
§ 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 ($10.) per item on appliances, including but not
limited to white goods, refrigerators, washers, dryers,
stoves, dishwashers, ovens and the like. [Added
11-29-1988 by L.L. No. 29-1988; 12.8-1992 by L.L. No.
31-19921
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)
��
4810.2 10-23-93
�r
.. Q
w
§ 48-4 GARBAGE, RUBBISH AND REFUSE § 48-6
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 reyclables in such
public places and streets.
§ 48.6. Penalties for offenses [Amended 7-31-:1973 by LL No.
• f 1-1973;2-7-1989 by L.I..No.2-1989-,2-5-1991 by LL No.
-N. 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 fiNe 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:
- 4811 6-25-92
I
§ 48-6 SOUTHOLD CODE § 48-7
(a) A fine of not less than two thousand five hundred
dollars ($2,500.) and not more than five thousand
dollars ($5,OOO.r
(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 C)
date of sentencing.
B. Recycling offenses and other offenses.Any person committing
a recycling offense or any other offense against this chapter
other than an offense of illegal dumping shall be subject to a
civil penalty enforceable and collectible by the town in the
amount of one hundred dollars ($100.) for each offense. Any
person committing a second and/or subsequent offense within
twelve (12) months of the date of the fust offense shall be
subject to a civil penalty enforceable and collectible by the
town in the amount of two hundred dollars (1200.). 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 is
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
LL No. 12-1988]
A. Permits and/or licenses issued under the provisions of this
chapter may be revoked by the Town Board of the Town of
Southold after notice and hearing for violation of the provisions
of this chapter.
B. Notice of the hearing for revocation of a permit and/or license
shall be given in writing,setting forth specifically the grounds
of the complaint and the time and place of hearing. Such
notice shall be mailed, postage prepaid, to the permittee and/
4812 6-25-92
wee
�• c
i
§ 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.).
Gni
j
4813 s+
s