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HomeMy WebLinkAboutConstruction & Demolition Haul and Disposal Services Submission of Tully Environmental, Inc. 127-50 Northern Blvd. Flushing, NY 11368 to Town of Southold 53095 Main Street Southold, NY 11971 for Construction & Demolition Haul & Disposal Services Due May 22, 1997 l:00PM 1 of 2 Packages At ' BIDDER'S SOLICITATION fia t9 h" CONSTRUCTION MATERIAL AND/OR DEMOLITION DEBRIS (C & D) *' HAUL AND DISPOSAL SERVICES gg Yk AGREEMENT DOCUMENTS a a TOWN OF SOUTHOLD STATE OF NEW YORK TOWN OF SOUTHOLD Prepared by: Solid Waste Task Force Technical Committee 53095 Main Road Southold, NY 11971 N1ay, 1997 tFjr Y,. �+r +` NOTICE TO BIDDERS CONSTRUCTION & DEMOLITION DEBRIS (C&D) HAUL-DISPOSAL SERVICES The Town of Southold will receive sealed bids for construction and demolition debris haul-disposal services until the time and at the location herein specified which will then be opened and publicly read aloud; PLACE: Office Of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 (516) 765-1800 DATE: Thursday, May 22, 1997 TIME: 1:00 P.M. EDST (LATE BIDS WILL NOT BE OPENED) The offer to be made in accordance with this Bid Solicitation shall include a bid on the following: A bid price per ton, to provide equipment and labor for hauling construction and debris and disposing construction & demolition debris at the Contractor's Construction & Demolition Debris Disposal Site. The term of this Agreement shall be three (3) years commencing on July 10, 1997. The Town, at its sole discretion, shall have the option of renewing the Agreement for two additional one year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term. Bids must be made in writing on the forms furnished and shall be accompanied by a Bid Guaranty in the Form of certified check, money order, bank draft or standard form letter of credit made payable to Town of Southold, or bid bond, in the sum of one hundred thousand dollars ($100,000.00) wherein the named obligee shall be the Town of Southold. The successful Bidder shall be required to furnish a performance Bond, and insurance in accordance with the instructions in the Bid Solicitation. 2 9 �Y ° Y The bid price shall not include any tax, Federal, state, or local, from which the Town of Southold is exempt. A Bidder may not withdraw his bid within forty-five (45) days after the opening of the bids, but may withdraw his Bid at any time prior to the scheduled time for the opening of bids. The Town reserves the right to reject any or all bids and to waive informalities, should this action be in the best interest of the Town of Southold. Bid Solicitation containing submission requirements, instructions, technical specifications, and bidding forms may be examined free of charge and at the following location on weekdays from 8:00 A.M. to 4:00 P.M.: Office Of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Upon payment of non-refundable fifty dollars ($50.00) Bid Solicitation may be picked up at: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Bidders will be allowed to ask questions regarding the Bid Solicitation during a pre-bid conference to be held at 10:00 A.M., Monday, May 12, 1997 at: Southold Town Hall 53095 Main Road Southold, New York 11971 All bidders are encouraged to inspect the Southold Town Transfer Station prior to the bid conference. Appointments to do so may be scheduled by calling James Bunchuck at (516) 734-7685. Judith T. Terry Town Clerk For further information regarding bidding requirements, contact Judith T. Terry (516) 765-1800. For information regarding Town Of Southold waste program and haul- disposal operations, contact James Bunchuck (516) 734-7685. 3 Y TABLE OF CONTENTS GLOSSARY OF TERMS 7 SECTION A - SUBMISSION REQUIREMENTS 10 1.0 Project Purpose 11 2.0 Schedule 11 3.0 Examination OF Agreement Documents 12 4.0 Information to be Submitted 13 4.1 Contractual Bid 13 4.2 Supplemental Information 14 5.0 Bid Format 15 5.1 Binding 15 5.2 Form Preparation 15 6.0 Submission of Bid 15 6.1 Withdrawal Of Bids 16 6.2 Questions & Addenda 16 7.0 Bid Guaranty 16 8.0 Execution Of Agreement 17 9.0 Consideration Of Bids 17 10.0 Selection Of Contractor 18 11.0 Acceptance of Bid 18 12.0 Assignment 18 13.0 Limitation Of Funds Available 19 14.0 Insurance and Bonds 19 14.1 Insurance 19 14.2 Bonds 20 15.0 Indemnity (Hold Harmless) 21 16.0 Payments 21 17.0 Default 22 18.0 Tenn of Agreement 22 19.0 Service Agreement 22 20.0 Subcontracts 22 21.0 Rights and Options 23 SE=CTION B - BID SPECIFICATION 24 1.0 Requirements 25 2.0 Program Goals and Objectives 26 3.0 Potential Regulatory and Operational Changes 26 4.0 Character Of The Construction and debris 26 4.1 Quality and Characteristics 27 5.0 Program Activities 27 5.1 Collection 27 4 28 5.2 Loading Mode " 5.3 Town of Southold Accident and Damage Policy 28 5.4 NYSDEC Part 360 Permit to Operate 28 6.0 Haul Services 29 6.1 Work Included 29 6.2 Equipment 29 6.3 Weighings 30 6.4 Routing Mode - Contractor's Responsibility 30 7.0 Disposal Services Program Activities 31 7.1 Work Included 31 7.2 Operational Capacity 31 7.3 Permit Requirements 31 7.3.1 Disposal Sites Inside State Of New York 32 7.3.2 Disposal Sites Outside State of New York 33 7.4 Weighings 33 8.0 Safety and Health Regulations 34 9.0 Operations and Procedures 35 9.1 Supporting Data 35 SECTION C - TOWN OF SOUTHOLD CONSTRUCTION AND DEBRIS HALIUDISPOSAL SERVICES 37 1.0 Intent 38 2.0 General Bid Statement 38 3.0 Unit Price Bid Schedule 42 3.1 Compensation 42 3.2 Evaluation Unit Bid Price Formula 43 4.0 Bid Security Acknowledgment 44 5.0 Information Schedules 44 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 5 x)s SE=CTIOND -APPENDICES Appendix A Sample Operating Agreement Appendix B New York State Department of Environmental Conservation Permit Appendix C Accident Report Appendix D Town of Southold SWMP (Executive Summary) Appendix E Town of Southold Overview of Transfer Station Operations 6 q.y GLOSSARY OF TERMS ADMINISTRATOR - Shall mean the Coordinator of construction and demolition debris (or his agent) Of the Town of Southold, New York. AGREEMENT - Shall mean a Form operating agreement set forth by the Town and resulting from this Bid Solicitation between the Town of Southold and the successful Bidder to be executed in 1997. AGREEMENT DOCUMENTS - Shall include the notice to bidders, instructions, bid solicitation, bid Forms, information schedules, proposal, payment bond, bid bond, Agreement, performance bond, certificates of insurance, glossary of terms any general conditions or special conditions, and any addenda. The Agreement Documents will Form a part of the Agreement. AGREEMENT YEAR - Shall mean the period from July 10, of a calendar year to July 9, of the next calendar year. BIDDER - Shall mean any party or parties submitting in proper form a bid to perform the work as specified in the Agreement Documents. The successful Bidder selected by the Town to perform the specified work will thereafter be known as the Contractor. BID PRICE - Shall mean the unit cost to determine the ranking of bidders. BID SOLICITATION - Shall mean this document, specifications, and any bid addenda issued. COMMENCEMENT DATE - Shall mean July 10, 1997. CONSTRUCTION MATERIALS AND/OR DEMOLITION DEBRIS (C&D) - Shall mean solid waste resulting from the construction, renovation, equipping, remodeling, repair and demolition of structures and roads. Such waste includes, but is not limited to, bricks, concrete and other masonry materials, soil, rock, wood, wall coverings, plaster, drywall, non-asbestos insulation and roofing shingles. CONSTRUCTION MATERIALS AND/OR DEMOLITION DEBRIS (C&D) DISPOSAL SITES - Shall mean any site designated by the Contractor where construction and demolition debris is disposed of in a manner that minimizes environmental hazards and is permitted under the design and operation requirements of 6 NYCRR Part 360 or alternatively outside the State of New York, is permitted under design and operation requirements meeting the requirements of 1) that jurisdiction's applicable regulatory agency and 2) Town of Southold's minimum standards. GLOSSARY - 1 7 CONTRACT DOCUMENTS - Shall have the same meaning as Agreement Documents. CONTRACT YEAR - Shall have the same meaning as Agreement Year. CONTRACTOR - Shall mean the party contracting to perform the work, or the heirs, executors, administrators, agents, or successors thereof. COORDINATOR - Shall mean the coordinator of construction and demolition debris for the Town of Southold. COUNTY - Shall mean Suffolk County, State Of New York. DAILY - Sunday to Saturday, inclusive. EPA - Environmental Protection Agency (Federal). HAUL-DISPOSAL SERVICES UNIT PRICE - Shall mean the Contractor's compensation in dollars for each ton of construction and demolition debris actually hauled from the Town Of Southold Transfer Station to the Contractor-Designated Disposal Site and disposed of at the Contractor-Designated Disposal Site. HAZARDOUS WASTE - Shall mean (1) any "hazardous waste" as defined under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seg., or "hazardous substance" as defined under the comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seg„ or "hazardous waste" as defined under New York Environmental Conservation Law Section 27-0901 et seq., as each such law may be amended from time to time, and the: regulations promulgated thereunder, and any analogous or succeeding Federal, state or local law, rule or regulation and regulations promulgated thereunder and (2) any other material which any governmental agency or unit having appropriate jurisdiction shall determine from time to time cannot be processed at the facility because it is harmful, toxic or dangerous. NOTICE OF AWARD - Shall mean written notice from the Town of Southold to the successful Bidder that the Town of Southold intends to award an Agreement to the successful Bidder, subject to compliance with all their terms and conditions of the Agreement Documents. NYSDEC - New York State Department Of Environmental Conservation. OSHA - Federal Williams-Steiger Occupations Safety & Health Act of 1970, plus subsequent revisions. GLOSSARY - 2 8 s kr jj • OWNER - Shall mean the Town Of Southold, New York. Also may be referred to as the Town. PERMIT - Shall mean any and all permits, licenses, approvals, certificates of public convenience and necessity, Franchises or authorizations which must be issued by any Governmental Body having jurisdiction thereof to legally enable the Contractor to transport and/or dispose Of construction and demolition debris. PERMITTEE - Shall mean any person issued a valid permit to haul construction and demolition debris or to construct, establish, maintain or operate a construction and demolition debris Disposal Site. RCRA - Resource Conservation Recovery Act (Federal). SOLID WASTE - Shall mean all putrescible and non-putrescible materials or substances, including but not limited to garbage, refuse, rubbish, ashes, agricultural wastes, and offal. (Solid Waste does not include C&D waste, recyclables, hazardous, or infectious waste). SOLID WASTE DISPOSAL SITE(S) - Shall mean any site designated by the Contractor where solid waste is disposed of in a manner that minimizes environmental hazards and Is permitted under the design and operation requirements of 6 NYCRR Part 360 - Solid Waste Management Facilities, or alternatively outside of the State of New York, is permitted under design and operation requirements meeting the requirements of 1) that jurisdiction's applicable regulatory agency and 2) Town of Southold's minimum standards. Also may be referred to as Disposal Site(s). SU13CONTRACTOR - Shall mean an individual, firm or corporation having a direct contract with the Contractor for services, equipment, materials and/or labor. GLOSSARY - 3 9 f AJ i( r SECTION A "r SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS AND AWARD BASIS 1.0 PROJECT PURPOSE The Town of Southold expects that it will receive and need to dispose of approximately 5,000 tons of construction material and/or demolition debris during the agreement year. It is possible that the Town of Southold will contract with another town to receive and dispose of their construction material and/or demolition debris. If this happens the quantity of wastes to be hauled and disposed of under this Agreement will increase. This Bid Solicitation will ensure Town of Southold's construction and debris will continue to be 1) hauled From the Town of Southold Transfer Station to Disposal Site(s) and 2) disposed of at permitted Disposal Site(s). 2.0 SCHEDULE The schedule below is an estimate of the time period leading up to the commencement of the Agreement. Its intent is to provide each Bidder with an idea of when certain events may occur. The dates given are guidelines and should not be construed as firm dates or deadlines due to the multiple parties involved in the decision making process. EVENT DATE Transfer Station Visits By Appointment Pre-Bid Conference May 12, 1997 Bid Opening May 22, 1997 Town Board Approval ,lune 3, 1997 Agreement Executed On or Before .lune 25, 1997 Operations Commencement July 10, 1997 11 3.0 EXAMINATION OF AGREEMENT DOCUMENTS, FAMILIARITY WITH THE WORK It is the responsibility of each Bidder before submitting a Bid to (a) examine the Sample Operating Agreement and Agreement Documents thoroughly; (b) visit the site of the Town of Southold Transfer Station; (c) attend and be familiar with the outcome of the pre-bid conference (d) become familiar with conditions at the Town of Southold Transfer Station and Disposal Sites that may affect cost, progress, performance or furnishing of the work; (e) become familiar with and consider all federal, state and local laws, regulations ordinances, permits, approvals and orders that may effect the cost, progress, performance or furnishing of the work; (f) study and carefully correlate the Bidder's observations with the Agreement Documents; and (g) notify the Town Clerk of all conflicts, errors or discrepancies in the Agreement Documents. Reference is made to the following Appendices which contain supplemental information which is attached to and made part of the Agreement Documents: 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: 1996 Cumulative Waste Summary Reference is made to the Following information which is available for review by Bidders at the Town Clerk's Office during normal business hours - 8:00 P.M. to 4:00 P.M. Monday through Friday. i. Pending conceptual plans for the proposed Town of Southold Transfer Station. ii. Town of Southold Solid Waste Management Plan. This information is presented solely for the convenience of the Bidders and does not constitute part of the Agreement Documents. Bidders shall form their own conclusions and opinions from this information and shall confirm any information 12 contained therein regarding facilities and equipment through site visits. The Town does not guarantee the accuracy of any information contained in these documents. Before submitting a Bid, each Bidder shall, at the Bidder's own expense, make or obtain any additional inspections, examinations, or studies and obtain any additional data and information which may affect cost, progress, performance or furnishing of the work and which Bidder deems necessary to determine its bid for performing and furnishing the work in accordance with the time, price and other terms and conditions of the Agreement Documents. The failure or omission of the Bidder to receive and examine any form, instrument or document, or make required inquiries and inspections, shall not relieve the Bidder from any obligation contained in the Agreement Documents. The Town will be justified in rejecting any claim based on facts or - conditions of which the Contractor should have been cognizant. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Bid Solicitation, that without exception the Bid is premised upon performing and furnishing the work required by the Agreement Documents, and that the Agreement Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performing and furnishing the work. Bidders will be allowed to ask questions regarding the Bid Documents during the pre-bid conference to be held at: Town Hall 53095 Main Road Southold, New York 11971 May 12, 1997 at 10:00 A.M. 4.0 INFORMATION TO BE SUBMITTED WITH PROPOSAL 4.1 Contractual Bid For the purpose of assisting the Town in determining the responsible Bidders for this Bid Solicitation, the Bidder is required to submit the following minimum information with his bid: i. Contractor Bid Form ii. Bid Security or Bid Bond iii. Information Schedules A through M as applicable iv. Supplemental Information as described in 4.2 13 _ - « t 177 t 4.2 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 set forth in Exhibit M. This section shall be divided into the following subsections: o Haul A detailed summary of requirements for manpower, materials and supplies, mobile equipment, etc., shall be included to provide the Town with general anticipated guidelines for performance under the Agreement. o Disposal A detailed summary of requirements of site capacity, useful life, hours and days of the week, operation, etc., shall be included to provide the Town with general anticipated guidelines for performance under the Agreement. A copy of the current Permits to Construct and Permits to Operate shall be included. If the Construction and debris Disposal Site is located outside the State of New York, a copy of the current applicable laws and regulations governing the design, construction and operation of the Disposal Site shall additionally be included. ii. Litigation: A section briefly describing any current litigation which in any way may affect the Bidders operational capability of useful life of the Disposal Sites. iii. Subcontractors: If the Bidder intends to use one or more subcontractors to complete any portion of the work, the Bidder must so indicate this intent in its Bid. The Bidder is advised that any Agreement awarded will be contingent upon the use of the subcontractor(s) so identified. In the event that the Bidder desires to change the number or identity of such subcontractor(s), the proposed change must be submitted to the Town for approval. No such change shall be made without the Town's approval. In addition, it is the policy of the Town of Southold to encourage the participation of Minority Business Enterprises (MBE's) and Women- Owned Business Enterprises (WBE's) on Town projects. For this reason, the Agreement will require Contractor to use its best efforts to include among its subcontractors MBE and WBE firms. In the event the successful Bidder intends to subcontract in excess of twenty-five percent (25%) of the work, the Bidder will be required to submit 14 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-M) IF THE SCHEDULE PROVIDES THE INFORMATION REQUESTED AND IS INCLUDED IN THE BID. 5.0 BID FORMAT 5.1 Binding The document(s) if bound shall be in a manner that will provide for easy evaluation access (to lie flat when opened). Printing on both sides of the sheets, provided a quality paper is utilized that will prevent the type from showing through, is acceptable. Paper with substantial recycled content is preferred. 5.2 Form Preparation Bids shall be submitted in the form described in this Bid Solicitation. All blank: spaces for bid prices shall be properly filled in, in ink or typed, in both words and numerals for all bid categories required. In the event a price shown in words and its equivalent shown in figures do not agree, the written words shall be binding on the Bidder. BIDS SHALL NOT BE QUALIFIED, MODIFIED, LIMITED OR RESTRICTED IN ANY WAY. In the event a specification is not applicable, it shall be so indicated. Incomplete bids may not be considered, depending on the nature of the missing information. 6.0 SUBMISSION OF BID Each Bidder shall submit six (6) separate complete sets of his Bid which shall be enclosed in a sealed opaque envelope plainly marked on the outside with the title of the work and the name and address of the Bidder. No Bid will be considered unless filed on or before the time and at the place designated in the Notice to Bidders. Bids received after the time set for the opening will be returned to Bidders unopened. When sent by mail, preferably registered, the sealed Bid, marked as above, should be enclosed in an additional envelope similarly marked and addressed to: 15 The guaranty may be certified check, bank draft, money order, standard form irrevocable letter of credit, or a bid bond in the form attached. The bid bond shall be secured from a surety company authorized to do business in the State of New York as a surety. No Bid will be considered unless it is accompanied by the required guaranty, certified check, money order or bank draft must be made payable to the order of the Town of Southold. The bid bond shall name the Town as the obligee. Cash deposits will not be accepted. The bid guaranty shall ensure the execution of the Agreement and the furnishing of the surety bond or other required bonds by the successful Bidder, all as required by the Agreement Documents. All guaranties will be retumed 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 Ibe in an amount of one million dollars ($1,000,000.00). This bond (as shown by example in Section C, Schedule 5.01), shall be maintained at the Contractors own expense for the term of the Agreement. Failure or refusal of the successful Bidder to execute and/or deliver such bond within the time designated, shall constitute a breach of such Bidder of the Agreement created by the Town's acceptance of the bid. In such event, the Town may determine that such Bidder has abandoned the Agreement and the Town shall be entitled to take action for any and all damages it may suffer as the result of such breach. The Town's rights in this regard shall include but not be limited to a claim against the bid bond provided. The Town specifically reserves any and all other rights against the Contractor as a result of his failure to perform as required by these documents. 9.0 CONSIDERATION OF BIDS The Town of Southold reserves the right to reject any/or all bids for haul and disposal services if such action is deemed to be in the best interests of the Town. To be considered responsive to this Bid Solicitation, each Bidder shall: 17 A. Provide equipment, labor, maintenance and management services to haul and dispose of construction and debris from the Town of Southold Transfer Station to Contractor designated Construction and debris Disposal Site(s) as set forth in Section B - Bid Specifications. B. Reserve and provide a minimum available capacity of 15,000 tons (52 weeks/year) yearly, allowing for seasonal and other peak periods. C. Provide evidence of all current valid state and Federal permits, licenses, local ordinances, etc., required by law to receive construction and debris at the designated Disposal Site(s). D. Provide evidence of physical and financial capability to perform services described in the bid specifications. 10.0 SELECTION OF CONTRACTOR Bids will be evaluated only if accompanied by the approved form of bid guaranty. Only bids solicited from firms or combinations thereof, who have sufficient management, engineering capabilities, operating, and maintenance experience to fulfill the Town's goals and comply with the applicable local, state, Federal laws, ordinances, regulations, e.g. New York State Department of Environmental Conservation, Resource Conservation Recovery Act and Federal Environmental Protection Agency guidelines willl be accepted. The Town will review the bids and make a selection recommendation based on the evaluation criteria included in this Bid Solicitation or take such other action as it deems in its best interest. Any agreement awarded hereunder will be to the responsible Bidder whose Evaluation Unit Bid Price is the lowest. The Town of Southold reserves the right, in its sole discretion, to reject all bids submitted in response to this Bid Solicitation. 11.0 ACCEPTANCE OF BID The acceptance of a Bid will be a Notice of Award signed by a duly authorized representative of the Town, and no other act of the Town shall constitute the acceptance of a Bid. The acceptance of a Bid shall bind the successful Bidder to execute the Agreement and other Agreement Documents. 12.0 ASSIGNMENT The successful Bidder to whom any Agreement shall be let, granted, or awarded shall not assign, transfer, convey, sublet, or otherwise dispose of the Agreement or of his right, title, or interest therein or his power to execute such Agreement, to any person or corporation without the prior written consent of the Town. 18 13.0 LIMITATION OF FUNDS AVAILABLE The Contractor specifically agrees that any Agreement shall be deemed executory only to the extent of the funds appropriated for the purpose of the Agreement and that no liability shall be incurred by the Town beyond the funds appropriated on the dab= of execution of the Agreement by the Town for the said purpose. 14.0 INSURANCE AND BONDS 14.1 Insurance For the period from Agreement commencement date until one (1) year after Agreement termination date, Contractor mush maintain insurance acceptable to the Town in the kinds and amounts set forth below. All such insurance coverage shall be provided by companies licensed to do business in New York State and the state in which the Disposal Site(s) is (are) located. The Town of Southold and its agent shall be named as an additional insured and coverage shall not be changed or cancelled until thirty (30) days written notice has been given to the Town. Within ten (10) days of the Notice of Award, Contractor shall furnish to the Town, certificates of insurance, in a form satisfactory to the Town Attorney, evidencing such insurance. The kinds and amounts of insurance are as follows: A. Contractor's Insurance - Insurance for liability for damage imposed by law of kinds and in the amounts hereinafter provided covering all work under the Agreement, whether performed by Contractor or his subcontractors. The kinds and amounts of insurance are as follows: (1) Worker's Compensation Insurance -A Policy covering the operations of the Contractor in accordance with the provisions of Chapter 41 of the Laws of 1914 as amended, known as the Worker's Compensation Law, covering all operations Of the Contractor, whether performed by him or by his subcontractors. The Agreement shall be void and of no effect unless the person or corporation making or executing same shall secure compensation coverage for the benefit of, and keep insured during the life of said Agreement such employees in compliance with provisions of the Worker's Compensation Law. (2) General Liability (Comprehensive Form) Insurance - Contractor's liability insurance issued to and covering legal liability of the Contractor with respect to all work performed by him under the Agreement. The following insurance coverage shall be included: 19 y of the Town of Southold. The standard form irrevocable letter of credit shall be in a form acceptable to the Town of Southold. In the event the Contractor secures a Performance Bond from any of its subcontractors, said bond shall also name the Town of Southold as a dual obligee. Should the Town designate another public or private gent of contract administrator, the same or others shall be added as additional named obligee at no added costs to the Town, upon written request from the Town. 15.0 INDEMNITY (HOLD HARMLESS) Contractor shall agree to defend, indemnify and save harmless the Townn against any and all liability, loss, damage, detriment, suit, claim, demand, cost, charge, attorney's fees and expenses of whatever kind or nature which the Town may directly or indirectly incur, suffer or be required to pay by reason of or in consequence of the carrying out of or the performance of the terms of such Agreement, or the failure to carry out any of the revisions, duties, services or requirements of such Agreement, whether such losses and damages are suffered or sustained by the Town directly or its employees, licensees, agents, engineers, citizens or by other persons or corporations, including any of the Contractor's employees and agents who may seek to hold the Town liable therefor. This indemnity shall include any and all claims, penalties or other losses or damages incurred by the Town as a result of enforcement or other proceedings by Federal, state or local government agencies relating to Contractor's Disposal Site(s) operation. This obligation shall be ongoing, survive the term of the Acireement and include, but not be limited to, claims concerning non-sudden environmental impairments. The Bidder agrees to join in the commencement of any action or proceeding or in the defense of any action or proceeding which in the opinion of the Town constitutes actual or threatened interference or interruption with the Town's rights hereunder, including all necessary appeals which may be necessary, in the opinion of the Town. 16.0 PAYMENTS Contractor shall receive monthly payments for services performed during the prior calendar month upon submission of an invoice (with a Town voucher) that shall contain an itemized list of construction and debris haul trips from the Town of Southold Transfer Station including the tonnage of construction material and/or demolition debris and the manifest number for each load of construction and debris removed. Such payments shall be made within sixty (60) days of the Town's approval of Contractor's invoice. Contractor's monthly invoice shall include a daily summary of tonnage received by Contractor at the Transfer Station. The Town shall be entitled to 21 deduct from any payment owing to Contractor any sums expended by the Town to cure any default or other non-compliance by Contractor. 17.0 DEFAULT In the event the Contractor fails to perform its obligations under the Agreement, the Town may terminate such Agreement, and the Town may procure the services from other sources and hold the Contractor responsible for any excess costs incurred and deduct from payments owing to the Contractor and/or draw upon the Performance Bond as full or partial reimbursement for such excess costs. The Town reserves the right to terminate the Agreement for just cause. 18.0 TERM OF AGREEMENT The term of this Agreement shall be three (3) years commencing on July 10, 1997. The Town, at its sole discretion, shall have the option of renewing the Agreement for two (2) additional one (1) year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term. 19.0 SERVICE AGREEMENT The Contractor shall be obligated to provide the; Town with disposal services without regard to the permit status of its Disposal Site. In the event that Bidder wishes to submit a bid for a Disposal Site for which Bidder does not currently have all necessary federal and state permits, Bidder shall, at its sole risk and expense, be responsible for obtaining and/or renewing its permits or providing to the Town an alternate Construction and debris Disposal Site at no additional cost (disposal plus any additional hauling) to the Town. This is a full service Agreement and failure of the successful Bidder to provide the identified Disposal Site or acceptable alternative Disposal Site, on or after the commencement date for services under the Agreement Documents awarded hereunder shall constitute a breach of this Agreement. The Bidder accordingly shall not be excused from it obligations hereunder by reason of any failure to obtain or maintain its permits at the identified Disposal Site. 20.0 SUBCONTRACTS In the event Bidder does not own the Disposal Site identified in its bid prior to execution of the Agreement, Bidder shall: (1) furnish to the Town a copy of the signed Agreement between Bidder and the Disposal Site Contractor which provides for Bidder's use of the site pursuant to this Bid Solicitation in accordance with the Agreement Documents; 22 r • l (2) require the Disposal Site Contractor to furnish to Contractor and the Town a performance bond guaranteeing the availability of the Disposal Site throughout the term of the Agreement; (3) require the certificates Contractor to provide insurance naming the Town as additional insureds on all policies maintained by Contractor. 21.0 RIGHTS AND OPTIONS The Town of Southold, New York, reserves and holds at its discretion the following rights and options upon issuing this Bid Solicitation: 1. To award an Agreement to the candidate whose bid is judged to be the lowest responsible bid pursuant to Section 103 of the General Municipal Law of the State of New York. 2. To reject any and/or all bids. 3. To issue subsequent bid solicitations. 4. To issue additional and subsequent solicitations for statements of qualifications, and conduct investigations or interviews with respect to the qualifications of each Bidder. 5. To designate another public body, private or public agency, group, or authority to act in its behalf for evaluation and Agreement negotiations. 6. To designate another public body, private or public agency, group, or authority to act in its behalf for contract administration of this project at any time during the Agreement period. 23 SECTION B BID SPECIFICATIONS (TECH N ICALIMANAGEM ENT) 24 SECTION B BID SPECIFICATIONS TECHNICAUMANAGEMENT 1.0 REQUIREMENTS This request for bids is issued for the Town of Southold, State of New York, Town Hall, 53095 Main Road, Southold, New York, 11971 (Telephone (516) 765-1800) The effort, shall be known as the Town of Southold Construction Material and/or Demolition Debris Haul Disposal Service. The Town of Southold desires to issue an Agreement with a qualified Contractor to haul and dispose of a portion of its Construction and Debris. The Town will need to dispose of approximately 5,000 tons of construction and debris during the agreement years. The Contractor will ensure the Town that construction debris will continue to be; 1) hauled from the Town of Southold's transfer Station to disposal site(s), and; 2) disposed at permitted disposal site(s). The following general services are sought in this request: • HAUL Provide equipment, labor, maintenance, management and policies to operate a transportation system for hauling construction and debris from the Town of Southold transfer Station to Contractor designated disposal site(s) as set forth herein. Transportation equipment shall be in accordance with New York State Department of Transportation, Interstate Commerce Commission, United States Department of Transportation, as defined in the Code of Federal Regulations, or other applicable state and federal regulatory requirements. • Disposal Reserve capacity and provide equipment, labor, maintenance, management and policies to receive and dispose of construction and debris from the Town of Southold Transfer Station as set forth herein. The Contractor's New York State Construction and debris Disposal Site(s) must be in compliance with all State of New York Department Of Environmental Conservation's and U.S. Government's Regulatory requirements, e.g., 6 NYCRR Part 360, Resource Conservation Recovery Act (RCRA), Environmental Protection Agency - Subtitle D, et al. Disposal Sites outside New York State shall be permitted by applicable 25 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 reluable hauling and disposal of the construction and demolition debris from the Town Of Southold Transfer Station at minimum cost to the citizenry. It is also the objective of the Town of Southold to ensure that the 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 which may Affect the quantities and types of construction and debris received at the Town of Southold Transfer Station and delivered to the Disposal Site. This Agreement will not provide any guarantees with respect to the volume of waste to be hauled and/or disposed of by Contractor. The Town reserves the right to designate another public body, private or public agency, group or authority to act in its behalf for administration of the Agreement at any time during the term of Agreement. 4.0 CHARACTER OF THE CONSTRUCTION AND DEBRIS The wastes which are to be hauled and disposed of under terms of this bid solicitation are to include typical municipal wastes from a rural community. This will include all wood, sheet rock, shingles, insulation, concrete, bricks, metal, and other items generated by the construction industry. It could also include items generated by renovation activities such as broken furniture, small appliances, carpets, and other like items, as allowed under 6 NYCRR Part 360. It should not include typical household garbage other than what might be generated by construction work crews at construction sites during coffee breaks, lunch breaks, etc. Nor should contraction material and/or demolition debris include any wastes covered by special waste permits such as pathogenic or hazardous materials, but the Town cannot guarantee 26 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 construction and debris quantities and characterization data are included in the Appendices. Bidders are cautioned that actual quantities may differ significantly from these data. Recycling programs may affect the quantity and characteristics of the waste received at the Town of Southold Transfer Station. If the Contractor discovers any non-compliance waste (hazardous, regulated medical or special wastes), the Contractor shall notify the Town and dispose of the noncompliance waste in accordance with local, state and Federal regulations. Compensation for such waste disposal services shall be provided for under Forced Accounting (Appendix A-9). The Town makes no specific representations in the foregoing disclosure. 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 construction and debris from the Transfer Station during the following hours: Monday through Friday 7:00 A.M. to 4:00 P.M., The Transfer Station is closed on the following holidays: New Year's Day 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 The Contractor must make transfer containers available for loading seven days a week, if requested, between 7:00 A.M. and 4:00 P.M. Removal of waste on Sundays is frequently not required during the winter months. 27 The Contractor will be expected to provide enough containers to empty the Transfer Station tipping floor on a daily basis, delivery, and staging of an adequate number of containers for this purpose will be coordinated with Transfer Station Staff as needed. 5.2 Loading Mode The Contractor shall fully prepare transfer containers for loading, including assuring that container covers or empty containers are left open. Construction and Debris will be loaded by the Town at its Transfer Station using a front end wheel loader or backhoe. After loading, Contractor will bring transfer containers to the Town's truck scales for weighing to prevent overloading and to document haul and disposal tonnages. Contractor will then cover (tarp) his load prior to leaving the site. If required by any local, state or Federal regulations or law, the contractor shall line transport equipment with plastic prior to loading. This service shall be at the Contractor's expense and included in the unit price bid. 5.3 Town Of Southold Accident and Damage Policy The Contractor shall be required to prepare an Accident Report (See Appendix C) Of any accidents and/or damage that occur while performing services under the term of the Agreement. The Town of Southold shall immediately be notified of any major occurrences such as bodily injury of structural damage to the Town's Transfer Station. An Accident Report will be submitted to the Town within twenty-four (24) hours containing the date, time, location, and complete description of all incidents. The offending parts or representative/e thereof shall also be recorded and required to sign the accident/damage report prior to departing the Town of Southold Transfer Station. All accident and/or damage reports will be included in reports to the Town. 5.4 NYSDEC Part 360 Permit to Operate The Town Of Southold operates the Transfer Station under a New York State Department of Environmental Conservation (NYSDEC) Part 360 Permit to Operate. A copy of NYSDEC Permit is included as Appendix B. 28 6.0 HAUL SERVICES For Construction and Debris Haul-Disposal Services Agreement, the following services will include the tasks, responsibilities and performance required as outlined herein. 6.1 Work Included The Contractor shall provide the following major essential services or equipment and any other nonspecified items, without limitations, to maintain a reliable haul services operation in a manner that will meet the needs of the Town of Southold. • Management and operation of a fleet to accommodate the transport of construction and debris from the Town transfer Station to Construction and Debris Disposal Site(s) in accordance with all local, state, and Federal regulations. Financial liability and maintenance responsibility of transport equipment, i.e., dump trailers, transfer trailers bulk material containers, vehicles, personnel and services for open-top loading construction and debris mauling activities. • Coordination of haul services with disposal services. 6.0 Equipment The Contractor shall provide reliable refuse handling and other essential ancillary equipment, along with personnel to operate and maintain a reliable haul services system in a manner that will satisfy the needs of the Town of Southold. The minimum level of haul services equipment acceptable to the Town to support the haul operation includes open-top trailers and bulk material containers. The Contractor will supply additional open-top trailers and containers, etc. The contractor must assure the Town that an adequate reserve supply of equipment exists to haul and dispose of the daily and seasonal construction and debris including unpredictable surges or delays due to inclement weather and that transport equipment storage requirements will meet the Town of Southold Transfer Station requirements. Each bidder is therefore responsible for familiarizing itself with the Town of Southold Transfer Station site, construction and debris, etc., to assure equipment compatibility. Transport equipment may be open-top bulk material containers, dump trailers, roll-off containers or opentop transfer trailers, provided that all such equipment 29 is suitable for convenient loading given existing configurations of the Town of Southold Transfer Station. Transport equipment shall be: 1) Registered with the State of New York Department of Motor Vehicles or equivalent agency; 2) designed to preclude spillage of waste; 3) loaded within their design capacity and New York State Department of Transportation regulations; 4) well maintained in good working order. Corroded, defective, bent, deformed or punctured trailers, roll-off boxes, or other containers of waste materials shall not be utilized at any time. Suitable covers shall be provided and used while transporting construction and debris in open-top transport equipment. The bidder shall clearly indicate the quantity and type of transport equipment/vehicles it plans to use, their availability date, state of repair, and that such units are compatible with the Town of Southold Transfer Station scales and New York State DOT regulations, United States Department of Transportation, as defined in the Code of Federal Regulations, or equivalent. The Contractor will promptly remove from use any transport equipment/vehicle that does not conform with these requirements and replace it with an acceptable unit. The Contractor shall maintain its own off-site maintenance shop facilities for servicing the transport equipmentand vehicle fleet, unless it elects to subcontract for these services. No major maintenance may be done at the Town of Southold Transfer Station site. 6.3 Weighings The Town of Southold will provide certified weighing at the Town of Southold Transfer Station. The Contractor will accept these weights for invoicing purposes. All weights will be generated on current certified weigh scales. 6.4 Routing Mode - Contractor's Responsibility Contractor will have the right to select the route(s) for travel from the Town of Southold transfer Station to the Disposal Site(s). Contractor warrants and guarantees that, in selecting and utilizing such route(s), Contractor will insure that it is not violating any applicable motor vehicle height (overpass clearance), motor vehicle weight restrictions, local ordinances or ]interstate Commerce Commission regulations. Contractor will indemnify and hold the Town harmless from any claims, fines and other damages assessed upon or incurred by the Town as a result of any violations of applicable restrictions or regulations relating to the routes traveled by the Contractor. 7.0 DISPOSAL SERVICES PROGRAM ACTIVITIES 30 For Construction and Debris Haul-Disposal Service Agreement, the following disposal services will include the tasks, responsibilities and performance requirements as outlined herein. 7.1 Work Included The Contractor shall provide the following major essential services or equipment and any other nonspecified items, without limitations, to maintain a reliable disposal services operation in a manner that will meet the needs of the Town Of Southold. • Liability insurance, performance and payment bonds. • Safety equipment. 7.2 Operational Capacity The bidder shall identify in its proposal, the following information: • Disposal Site capacity. • Flexibility of Disposal Site capacity to allow for seasonal variances in waste generation and sufficient to permit service in the tonnages bid. • Hours and days of the week that the designated Disposal Site will be open for receiving construction and debris from the Town of Southold, including weekends, holidays and special closure periods. 7.:3 Permit Requirements Throughout the term of Agreement that may result from this Bid solicitation, the Contractor must maintain all current and valid local, state and Federal permits, licenses, or other authorizations, (either temporary and permanent) which are required by law to receive construction and debris at any and all Disposal sites designated by the bidder. Because of the varying terms of Construction and Debris Disposal Site permits, it is possible that a permit will expire during the term of Agreement. The responsibility of obtaining and/or renewing a permit to operate is solely upon the Contractor. In the event a Contractor fails to maintain or obtain any necessary current and valid local, state and Federal permits, licenses, or other authorizations, allowing 31 the lawful use of its designated Disposal Site then the Contractor will be solely responsible for obtaining the utilization of an alternate Construction and Debris Disposal Site at no additional cost to the Town including any additional hauling cost because of the location of the alternate Disposal site. Under no circumstances shall such a change in Disposal Site or failure or inability to obtain permits by the Contractor be considered a change in conditions. In the event the Contractor is unable to find an alternate Disposal Site, it shall be deemed to be in default of the Agreement and liable for damages, bonds forfeitures and other expenses as provided in the Agreement. In the event the individual and/or entity submitting a bid in response to this bid solicitation is not the individual and/or entity named as the permit holder on any necessary current and valid local, state or federal permits, licenses or other-" authorizations, required by law to receive construction and debris at any disposal site designated by the bidder or any alternate disposal site, the bidder is required to provide satisfactory evidence to the Town of Southold of a binding contractual relationship between the bidder and the permit holder which provides the bidder with the irrevocable right to utilize the construction and debris disposal site during the term of Agreement, or portion thereof, in a manner which is in complete compliance with this bid solicitation and the bidder's bid submission. The agreement between the bidder and the permit holder shall include provisions that: 1. Provide Town with the right to discuss operational matters with the permit holder whenever necessary. 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 Construction and Debris Disposal Sites, if located within the State of New York, must be in compliance with all State of New York Department of Environmental Conservation's and U.S. Environmental Protection Agency regulators requirements, e.g., 6 NYCRR Part 360, Resource Conservation Recovery Act (RCRA), Environmental Protection Agency - Subtitle D, et al. The Construction and Debris Disposal Site must have valid construction and operating permits in accordance with all applicable laws in the jurisdiction in which it is located. It shall be permitted to accept Town of Southold construction and debris wiithout violating applicable law. It shall meet the design, construction and operating requirements of all applicable laws in the jurisdiction where the disposal site is operating. 32 Disposal alternatives that will be considered include land disposal, incineration, composting, etc., as long as they comply with all the above governing regulators requirements and environmental standards. The use of Construction and Debris Disposal Sites shall be subject to the approval of the Town of Southold based upon review of information submitted with the bid describing in detail the nature of the disposal process and other information reasonably requested by the Town. No Disposal Site shall be acceptable unless it poses no significant threat to the environment and its design, construction and operation complies with all applicable laws. 7.3.2 Disposal Sites Outside State of New York The Contractor's Construction and Debris Disposal Sites, if located outside the State of New York must be in compliance with all the applicable local, state and Federal laws and regulations and U.S. Environmental Protection Agency regulatory requirements, e.g. Resource Conservation Recovery Act (RCRA), Environmental Protection Agency - Subtitle D, et al. The Construction and Debris Disposal Sites must have valid construction and operation permits in accordance with all applicable laws in the jurisdiction in which it is located. It shall be permitted to accept Town of Southold construction and debris without violating applicable law. It shall meet the design, construction and operating requirements of all applicable laws in the jurisdiction where the disposal site is operating. Bidder must clearly specify their intended disposal alternatives and support same with copies of appropriate experience, site location, permits, agreements et al., as outlined in this bid solicitation. The use of Construction and Debris Disposal Sites shall be subject to the approval of the Town of Southold based upon review of information submitted with the bid describing in detail the nature of the disposal process and other information reasonably requested by the Town. The Contractor shall be solely and completely Responsible for any and all liability relative to contractor's failure to dispose of construction and debris at an approved site. 7.4 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. Alll weights will be generated on current certified weigh scales. In the event of any dispute over differences in net weights between the Town and Disposal Sites scales and weight records, the Town may make payment 33 upon the weight it deems to be most correct, until the dispute is reconciled. Any claims for differences must be filed in writing within sixlty (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 91-596) and Section 107, Agreement Work Hours and Safety Standards Act (PL 91-54). Specific consideration shall be given, but not limited to, the following major areas: 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. c. Noise and dust control, ear protection, respirators, hard-hats, safety shields, glasses, protective clothing, sanitary facilities, etc., d. Fire and explosion preventions, control, equipment (fire blankets, extinguishers, first aid, hoses, etc.) and personnel escape alternatives. e. Traffic flow control patterns. f. Accident or injury reporting system (the Town shall received copies of all reports and immediate verbal notification). g. Employee health safeguards. h. Mechanic's lien safeguard against work interference. The Contractor shall comply with all local, state and Federal regulations, laws and statutes which apply to the work and to safety in particular. The Contractor shall comply with New York State Department of Labor current requirements. The Contractor shall be solely and completely responsible for operational safety during performance of the Agreement. The obligation exists twenty-four (24) hours a day, each and every day throughout the term of the Agreement. 34 The Town of Southold shall not have any responsibility for means, methods, sequences of techniques selected by the Contractor for safety precautions and programs, or for any failure to comply with laws, rules, regulations, ordinances, codes or orders applicable to the Contractor furnishing and performing the services under the terms of the Agreement. 9.0 OPERATIONS AND PROCEDURES The Contractor will be required, prior to commencement of operations, to provide the following operational plans to the Town for review and acceptance. Revisions, modifications, and updates shall be forwarded to the Town throughout the term of the Agreement. • Organization personnel and structure, showing the chain of command, names and telephone numbers and staffing requirements. • Operational plan - shifts, hours, etc. • Safety, disaster, and emergency procedures. • Transportation plan, including available transport equipment, vehicle fleet and reserve capabilities. • Inclement Weather Plan -This shall describe the bidder's plan should inclement weather alter normal daily operations as described in the bidder's operations plan. The inclement weather plan shall include hauling operations and disposal operations. The bidder's means of assessing inclement weather conditions (weather and road conditions), method of reporting to the Town and the alternatives shall be described. 9.1 Supporting Data In the event the Town requires any information in support of Town held licenses and permits at the Town, County, State and Federal level, the Contractor will be required to furnish all licenses, permits and inspection reports regarding equipment and disposal sites which may be required by Town, County, State or Federal law. In the event the Contractor requires any information in support of Contractor held licenses and permits at the Town, County, State and Federal level, the Town will cooperate in furnishing such information as it applies to the Southold Town operations. 35 Operating (hauling and disposal) records shall be considered essential to the operation. The Contractor shall keep these data in an organized fashion that allows for easy retrieval and analysis. The Town, or its designee, may upon 24 hours notice inspect the contractor's records. Such records shall he kept, available by Contractor for a period of two (2) years after termination of this Agreement. In the event the Town requires additional information for reporting purposes, the Contractor will supply same. The Town, or its designee, may call upon the Contractor at anytime for an oral review of any technical matter. The Contractor shall file and update the following information as specified herein. " Items Due Haul Equipment (Schedule H) as changes occur Haul Accident Report (Appendix C) on occurrence Disposal Accident Reports on occurrence Licenses, Permits and Inspection Reports on occurrence Part 360 Permit as changes occur All Bid Information Schedules as changes occur 36 SECTION C CONTRACTOR BID FORM 37 SECTION C TOWN OF SOUTHOLD CONSTRUCTION MATERIAL AND/OR DEMOLITION DEBRIS SERVICES CONTRACTOR BID FORM 1.0 INTENT The undersigned hereby recognizes that these documents are complementary and are intended to provide for uniformity in bid evaluations. The formal Agreements resulting from this Bid Solicitation shall be in a form provided by the Town. These documents are intended to depict complete Construction and Debris Haul-Disposal Services Agreement and therefore any discrepancies contained in the documents, of the omission from the documents of express reference to any work which obviously was intended under the Agreement, shall not excuse or relieve the Bidder from furnishing the same. No oral statement shall in any manner or degree modify of otherwise affect the terms of the Agreement. Work or materials described in words which have a well known technical or trade meaning, shall be interpreted by such meaning. 2.0 GENERAL BID STATEMENT TO: TOWN OF SOUTHOLD STATE OF NEW YORK 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 Gentlemen: The undersigned Bidder has carefully examined the forms and content of the Bid Solicitation, including notice to bidders, bid bond, sample operating agreement, performance bond, certificates of insurance, general conditions, bid specifications, and addenda, has familiarized itself with the sites of work, and hereby proposes to furnish all necessary services, permits, labor, materials, equipment, vehicles, and tools required to perform and complete the work in strict accordance with all of the bid documents written by or on behalf of the Town of Southold for this project. 38 The undersigned Bidder agrees to abide by all conditions stated, intended, or implied both particularly and generally by the terms of this Bid Solicitation, the Agreement to be provided by the Town, and the unit price Bid herein stated. 1. The Undersigned Bidder also agrees as follows: FIRST: If this bid is accepted, to execute the Agreement and furnish to the Town a satisfactory performance bond, and insurance all within ten (10) calendar days. SECOND: To begin Construction and Debris Haul-Disposal services operations on the commencement date of any Agreement awarded hereunder, having completed all necessary prior preparations of operational planning, personnel hiring, equipment procurement, subcontractor contractual agreements, and ancillary facilities, etc., to assure a :smooth and orderly acceptance of these duties. THIRD: To pay the Town any and all damages it may incur as a result of the Contractor's failure to perform all acts necessary to the execution of the Agreement as provided in the Bid Solicitation. It is recognized and agreed that the Town has the unconditional right to utilize the funds provided by the bid bond posted by the Bidder as a means of obtaining indemnification or, payment of such damages. FOURTH: During the performance of this Agreement, the Contractor hereby agrees as follows: a. The Contractor shall not discriminate against any employee or applicant for employment because of age, race, creed, color, sex, marital status, national origin, physical disability, and shall take affirmative action to ensure that they are afforded equal employment opportunities without discrimination because of age, race, creed, color-, sex, marital status, national origin or physical disability. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination, rates of pay, or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. b. The Contractor shall comply with the provisions of Sections 290 through 301 of the Executive Law, shall furnish all information and reports deemed necessary by the State Commission for Human Rights under these nondiscrimination clauses and such sections of the Executive Law, and shall permit access to his books, records, and accounts by the State 39 Commission for Human Rights, the Attorney General, and the Industrial Commissioner for purposes of investigation to ascertain compliance with these nondiscrimination clauses and such sections of the Executive Law and Civil Rights Law. c. This Agreement may be forthwith cancelled, terminated, or suspended, in whole or in part, by the Town upon the basis of a finding made by the State Commission for Human Rights that the Contractor has not complied with these nondiscrimination clauses, and the Contractor may be declared ineligible for future Agreements made by or on behalf of the state or public authority or agency of the state, until he satisfies to the State Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these nondiscrimination clauses. Such findings shall be made by the State Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these nondiscrimination clauses and after verified complaint has been filed with the Commission, notice thereof has been given to the Contractor, and an opportunity has been afforded to him to be heard publicly before three members of the Commission. Such sanctions may be imposed and remedies invoked independently or in addition to sanctions and remedies otherwise provided by law. d. No laborer, workman or mechanic in the employ of the Contractor or subcontractor shall be permitted or required to work more than eight hours in any one calendar day, or more than five days in any one week except as otherwise provided in Labor Code Section 220. e. The Contractor shall include the provisions of clauses (a) through (e) in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within the State of New York. The Contractor will take such action in enforcing such provisions of such subcontract or purchase order as the Town may direct, including sanctions and remedies. FIFTH: By submission of this bid, the Bidder and each person signing on behalf of any Bidder certifies, and in case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury that to the best of his knowledge and belief: 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. 40 b. Unless otherwise required by law, the prices wNch 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 cl6rn any misunderstanding, omissions or errors regarding the same which such inspection and observation would have disclosed. The undersigned further understands and agrees that it is or they are to furnish and provide in return for the respective Evaluation Unit Bid Price, all the necessary materials, machinery, vehicles, implements, tools, labor services, and other items of whatever nature, and to do and perform all work necessary under the aforesaid conditions, to complete operations of the aforementioned Construction and Debris Haul-Disposal Services operations in accordance with the Bid Solicitation requirements, which requirements are a part of this response, and that it or they will accept in full compensation therefore, the compensation provided for in Section C-3. 3. The undersigned submits herewith a bid guaranty within the form provided by the applicable bid documents in the amount of $100,000.00 for any option or combination thereof. In the event this proposal is accepted, and the undersigned fails, within ten (10) calendar days after date of receipt of Notice Of Award from the Town to execute and deliver an Agreement in the form provided by the Town or fails to execute and deliver evidence of proper insurance coverage and performance bond in the amounts required and in the prescribed form within ten (10) days after Notice of Award, the bid guaranty shall be forfeited and be retained by the Town toward the satisfaction of liquidated damages and not as a penalty. Otherwise, the total amount of bid guaranty liquidated will be returned to the Bidder. 4. The undersigned acknowledges the receipt of the following addenda, but it agrees that it is bound by all addenda whether or not listed herein and whether or not actually received, it being the Bidder's responsibility to receive and have knowledge of all addenda. 41 ADDENDUM NUMBER AND DATES Number 1 - Dated: Number 2 - Dated: Number 3 - Dated: Number 4 - Dated: Number 5 - Dated: 5. The Bidder has completed the Contract Bid Form and Unit Price Schedules in both words and numerals in accordance with these bid requirements. 3.0 UNIT PRICE BID SCHEDULE CONSTRUCTION AND DEBRIS HAUL-DISPOSAL SERVICES SOUTHOLD TOWN, NEW YORK 3.1 COMPENSATION The undersigned hereby submits the following price bid to furnish Construction and Debris Haul-Disposal Services, to Southold Town, New York for the terms July 10, 1997 through July 9, 2002. HAUL-DISPOSAL SERVICES The Haul-Disposal Service applicable unit price per ton for agreement year 1997-1998 is dollars and cents ($ ). (Cl) The Haul-Disposal Service applicable unit price per ton for agreement year 1998-1999 is dollars and cents ($ ). (C2) 42 ADDENDUM NUMBER AND DATES Number 1 - Dated: Number 2 - Dated: Number 3 - Dated: Number 4 - Dated: Number 5 - Dated: 5, The Bidder has completed the Contract Bid Form and Unit Price Schedules in both words and numerals in accordance with these bid requirements. 3.0 UNIT PRICE BID SCHEDULE CONSTRUCTION AND DEBRIS HAUL-DISPOSAL SERVICES SOUTHOLD TOWN, NEW YORK 3.1 COMPENSATION The undersigned hereby submits the following price bid to furnish Construction and Debris Haul-Disposal Services, to Southold Town, New York for the terms July 10, 1997 through July 9, 2002. HAUL-DISPOSAL SERVICES The Haul-Disposal Service applicable unit price per ton for agreement year 1997-1998 is dollars and P' c cents ($ 40. �� ). (Cl) The Haul-Disposal Service applicable unit price per ton for agreement year 1998-1999 is dollars and Ems _cents ($ (C2) 42 •1 ' The Haul-Disposal Service applicable unit price per ton for agreement year 1999-2000 is �f dollars and AlT✓o„ cents ($ C.1. ) (C3) The Haul-Disposal Service applicable unit price per ton for agreement year 2000-2001 is r' �✓ �Uu dollars and �, (J✓ c —cents ($�z ). (C4) The Haul-Disposal Service//applicable unit price per ton for agreement Year 2001-2002 is ri h dollars and a, c cents ($ S. lJ• �/ ). (C.5) t 3.2 EVALUATION UNIT BID PRICE FORMULA Evaluation Unit Bid Price = (Cl)5,000+(C2)5,000+(C3)5,000++5(C4)5,000+ 5( :5)5,000 20,000 tons / Evaluation Unit Bid Price = $ ce, le The evaluation unit bid price formula is designed to evaluate years four and five at .5 the evaluate of each of the first three (3) years. Bidder: 7zau sY f�dn��infu�FC, /nK° /.�7- sa n1a27 !!¢ l ✓�. Fras�iJ� y Firm-Corporation Address By: S zr uthor d Representative Date 43 4.0 BID SECURITY ACKNOWLEDGMENT I have attached the required bid security to this bid. 5.0 INFORMATION SCHEDULES I agree to furnish and include the following information schedules in addition to the information submitted with this proposal, as a part of this bid: 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. Major Subcontractors - (Schedule G, attached hereto). H. Equipment - (Schedule H, attached hereto). I. Maximum Specified Capacity - (Schedule I, attached hereto). J. Information on Bidder's Construction and debris Disposal Site(s) (Schedule J, attached hereto). K. Form of Bid Bond (Schedule K, attached hereto). 44 L. Performance Bond (Schedule L, attached hereto). M. Operation Plan (Schedule M, attached hereto). Dated: 5 /2 1 /97 NameofBidder: Tully Environmental , Inc . Address of Bidder: 127-50 Northern Blvd . Flushing , NY 11368 By: President nat f Peter K. Tully Title Corporate Seal (If a Corporation) Incorporated under the laws of the State of New York Names and addresses of officers of the corporation: See attached list of Officers (President) Name Address (Secretary) Name ,Address (Treasurer) Name Address (If an individual or partnership) Names and addresses of all principals or partners INFORMATION SCHEDULE A Town oc Scuthold Bid 'roiect CED Haul - Disposal Services This Bidde^Tully Environmental . InCiBrein certicies that as a (Bidder ' s legal name) Bidder , iz does not currently owe delinquent taxes or, other outstanding Funds , or having pending or currently invo:ved in any gation involving the Town cf Southold , SteLe New York . Name cF Bi^ e-: Tully Environmental , Inc . Cay3./21 /97 ut rized Si;n azure: Peter K. Tully NOTE: Cl) IB blank not applicable , fill in with N/A Cc) If bidder owes the Town taxes c- is involved in any litigation, a statemenz of ex_'-anati"-n will be attached he-etc . Tax/Li�i;at�on Ce-�_cicat_cn Sc`:eduie _ .O .A 010 ( ?R0?05AL) FORM NFORMAT:ON SCH=7ULE B -own Cr SCUthold Bid Prcject CED Haul - Disposal Services The Following is information on the undersigned Bidder ' s Orrice locations: Bidder 's Parent Bidder ' s rain Office Corpora=ion (lain CFF-ice Tully Environmental , Inc . Tully Construction Co . . Inc . Daniel Scully Kenneth Tully Manager-,' 5 Name :Contact) ^anage. '5 Name CCcntac_' Same Same Fir . ' s La,ai Na-a P=_rent F_.-a, ' s L a C=L Name 127-50 Northern Blvd , 127-50 Northern Blvd . SC.ree= r+CCress �7CX N::mCersJ 7=reef Attd esS (Ecx NwPHCers) Flushing NY 11368 Flushing , NY 11368 aye Zlp u.=y State Zip 718-446-7000 718-446-7000 Teieoncne Number -e'_e.ohcne Number The Eidder here-in Cer--ries that the Tully Environmental , Inc . Firm is partially/whclly owned subsidiary Or Tully Construction Co . , Inc . Parent Firm This Tully ConstructionCo . , III%. Owned 100 Parent Firm Bu Private Stock Corp . Or ie a pubii =/Oriva._ stock COrpOration . race _ or _ r'cinrinue-- Name ofA Tully Environmental , Inc . Hy : � Date: 5 /21 /97 Pe r K. Tully Note : : '_ ? -'h azzachme^.-5 or moCi=ic< n5 th 5 :arm s: aii _abelec czchedul ant be p--,=rty _ _agra== inti the Hid Form . .` =lank not anp:_cacie , _ill in wit' N/A Cer�iF_cauon =age = C HID INFORMATION SCHEDULE D Town of Southold Bid Project C&D Haul - Disposal Services The Bidder herein certifies that the below named individuals a.-e the current registered corporate officers, along with their current permanent addresses, and designates their authority to execute an Agreement an behalf of the firm See Attached List of Officers Officer ' s Name Cf__cer ' s Name Subsidiary Parent Corporate 7-71e Corporate Tie e Address Address City Ci State, Zip State , Zip Officer 's Name Officer ' s Name Subsidiary Parent Corporate Title Corporate Title Address Address City City State Zip State, Zip Officer 's Name Officer ' s Name Subsidiary Parent Corporate Title Corporate Tit'-=_ Address Address City City State , Zip State , Zip Current Corporate OFice-s Sche, le..u_.. z- .0 .u BID (PROPOSAL) FORM 'age 1 cf INFORMATION SCHEDULE 0 - (Continued) Officer 's Name Officer ' s Name Subsidiary Farent Corporate Title Corporate Title Address Address_ City City State, Zip State, Zip_ Name of Bidder: Tully Environmental , Inc . Ccrocrats By : sea:. Pe r K. Tully Date: 5 / 21 /97 NOTE: 1L blank not applicable, tiil in with N/A Gf7 i Cer SChed.-le _ .0 .D INFORMATION SCHEnULF E Town of Southold Bid Project: CED 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 recentAudited Financial StatementCs) including as a minimum the firms opinions, notes, revenue/expense statements, conditions of cash, etc. The attached statement provided includes: Accounting Firm Name Schultheis & Panettieri Address 320 Laurel Rd . Northport , NY 11768 F-nancial Period 1 / 1 /94 i-0 12 /31 /95 S_atement Date 6/96 C . Ti.e bidder certifies that he currently has an avail_ble lane of credit in the amount of S NA A supporting document=ary evidence attac,ned to this form is supplied by : Name NA 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 Ccnd-It ion Sche - �u?� S .0 BID (PRCPOSAL) FORM age g 1 of 2 „1 TNFORMA-TON SCHEDULE E - (continued) L� . The unde-signed hereby authorizes and requests any person, firm or corporation to furnish any information requested by Town o= Southold, New York in verification of the firms financial condition . Dated at Queens This 21day of Ma 1997 TufTy Environmental , Inc . Name of Bidder President Title State of New York, County cf Queens Peter K. Tully berg duly sworn deposes and says that he is President C? Tully Environmental , Inc . -itla Name of Or_anJizazicn and that the =nswe's to the =cregoing questions and all statemenC t;lereln Contained are true a,.,. CCr reCt . Sworn to me t-'_s 21stday C_ May �g25. 1197 No=a:y =ublic 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 Financia! C3ndi�lc� 51-he:lu:1 = _ , _ ,_ BID CPROPOSAL) FORM =age 2 of 2 INFORMATION SCHEDULE Town of Southcld Bid Project CED Haul - Disposal Services The Bidder herein certifies that it is qualified to perform the work covered by this proposal , and that it is not acting as a broker, on the behalf of others . Io 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 . C-dder 's Legal Name : Tully Environmental , Inc . 2 . B::siness Address: 127-50 Northern Blvd . �ti Bet Flushing , NY 11368 City State Z' o 3 . Stats inccrporated: NY Year incorp . 5 /92 u . New York State; Business License No . : 11-3114572 5 . No . years in contracting business under above name: 5 urs . S . Has firm ever defaulted on a contract? Yes No XX 7 . Gress Value - work under current contract: 5 2 Million 6 . Number of Current .entraets-: 4 S . -nri•ef description general work performed by firm: Provide Hauling & Disposal or recycling for municipal and private accounts . Qualifications Summary Schedule 5 .0 .= BID CPRCPCSAL) FORM Page 1 of u WORnA1ON SCHEDULE F - (Continued) 10 . Has Firm ever Failed to complete work awarded? Yes_ No XX IF yes , attach support statement as to circumstances . 11 . Related Experience Reference (within previous 5 years) Please see attached work history 11 . 1 Project Title: Owner ' s Name: Address: Engineer: Address : Project Initial Stam Date• Project Acceptance Date: initial Bid value: 5 Fina'_ Complete Project Value: 5 aria` Project Description: 11 .2 Project Title: Owner 's Name: Address: Engineer: Address: Project Initial Start Date: Project Acceptance Date: QualiFicezions Summard Schedule 5 .03 BID CPROPCSAL) FORM Page 2 or 't INFORMATION SCHEDULE F - (Con*inued) Initial Bid Value: S Final Complete Project Value: S Brief Project Description: 11 .3 Project Title: Owner 's Name: Address: Engineer: Address: Project Initial Start nate: Project Acceptance Date : Initial Bid Value: 5 Final Complete Project value: S Brief Project 0e5cripti0n: ©uallfl0atl0n5 Summary Schedule S .C .= 3I0 (PROPOSAL) FORM Page 3 0f u iNFORIA71ON _::HEOUt = - - (Cont_ • !o^; 12 . Princlpal Firm Membe-s ' Background/=xpe-lence C members minimum) . Attach current resumes as Schedule 5 .0 . = supplement or give concise desc-iptior by individual . Name or Bi r: Tully Environmental , Inc . Daze: 5 /21 /97 C ed Signatur=_)J Pete K. Tully NO-=: -. y supe:emenzal attachmen_s or mcti`i..;_ions 7-0 this .c-m =_hall be labeled Schedule S .C . and sha_i be cope-l_ _ntecr=_r-ed into this Bid FC-m , blank not ap='_icabie , : ttl in with N/A Gual_=icaticns Summand scledult BID :PRO?^-SAL) FORM cage 1� C. . TNFCRMAT:CN SCHEDULE 6 :own OF Southold Bid Project CED Haul Disposal Services The Bidder hereby states that it proposes, i_ awarded an Agreement to use the :allowing haul subcontr^actors on this project. Subcontractor/ Contract Trade/ Individual Address Phone R Specialties No subcontractors are anticipated at this time c 7 3 . 10 . Name of Bi Tully Environmental , Inc . P2y : pate 5/21 /97 C h r ed Signa_ure) Pe r K. Tully NDT= . IE blank not applicable, .Fill in with N/A Subcontrac-crs Schedule S .C . 0 ..I0 (PRDPCEAL) = t INFORMATION SCHEDULE H Town of Southold Bid Project CED Haul - Disposal Services The Bidder states that it owns the following pieces of equipment that are available for use on the project , if awarded the agreement . Proposed Current Equipment Item Project Use Equipment Location Please see attached list Name of Bidd . :Tully Environmental , Inc . 3y : Dete; 5 /21 /97 et K-ts ully NOTE: Any supplemental at hments or modifications to this Form shall be labeled Schedule 5 .0 .11 and shall be properly integrated into the Bid Norm. If blank not applicable, fill in with N/A Construction Equioment Schedule 5 .0.= BID iPROFOSAL) FORM INFORMATION SCHEDULE I Town of Southold Bid Project C&D Haul-Disposal Services The Bidder hereby states that it will be prepared to dispose of up to the following Maximum Specified Yearly Capacities in tons of Town of Southold construction material and/or demolition debris if awarded an Agreement. Contract Year Maximum Tons per Contract Year 1997-1998 7500 7500 1998-1999 7500 1999-2000 7500 2000-2001 2001-2002 7500 Name ofBidde/r: Tully Environmental , Inc . By: / �I Date: 5 /21 /97 P er K. Tully Maximum Specified Capacity Schedule 5.0. 1 BID (PROPOSAL) FORM 1 INFORMATION SCHEDULE J Town of Southold Bid Project C&D Haul—Disposal Services NOTE: IF A BIDDER INTENDS TO UTILIZE MORE THAN ONE DISPOSAL SITE, AN INFORMATION SCHEDULE J MUST BE COMPLETED FOR EACH DISPOSAL SITE. The following is information on the undersigned Bidder 's Disposal Site: I . GENERAL A . Disposal Site Location Name: Shade Landfill ( formerly Resource Conservation Corp . ) Address: RD 1 Cairnbrook, PA 15924 Phone: 814-754-4587 B . Disposal Site mailing address Cif different than I ) Address: i i II . CURRENT OPERATIONS i A . Operations Permit 1 . Permittee: Shade Landfill • . 2 . No . : 101421 PA 3 . State: `t . Date of Issue: 8 /91 J S . Date of Expiration: 8 /01 B . Copy Enclosed: Yes: _XX No: Bidder Disposal SiteCs) Schedule S .O .J B'ID (PROPOSAL) FORM Page 1 of 7 INFORMATION SCHEDULE J - (Continued) B . Hours of Operations 1 . What are the PERMITTED operating hours? .DAY A.M . P .M . Monday 7 to 5 Tuesday to Wednesday to Thursday to Friday to Saturday to Sunday closed to 2 . Are there any PERMITTED closure periods stipulated? None 3 . What are the ACTUAL operating hours? DAY A .M . P .M . Monday 7 to 3 Tuesday to Wednesday to Thursday to Friday to Saturday to Sunday closed to It . What holiday or other period is the -Disposal Site 1 typically closed? DAY YES NO New Year 's xx to _ Memorial xx to Independence xx to j Labor -Ry-- to 1 Thanksgiving xx to Christmas xx to Other (Specify) none to i Bidder Disposal Site(s) Schedule 5 .O .J BID (PROPOSAL) FORM Page 2 of 7 1i i INFORMATION SCHEDULE J - (continued) S . Will the ACTUAL operating hours in Question II .B .3 be extended up to the PERMITTED operating hours in Question II .B .1 in order to accommodate Town of Southold construction material and/or demolition debris? Yes XX No-_ i 1 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 . 1 .? Yes No XX C . what is the PERMITTED annual capacity in cubic yards? 1998 1 million tons 1999 2000 „ 2001 2002 D . At the PERMITTED levels in Question II .C . , what is the projected useful life in years? 25 years E . What is the annual RECEIVING level today? 2500 /day 1 Bidder Disposal Site(s) Schedule S .O .J BID (PROPOSAL) FORMS Page 3 of 7 �y'ry INFORMATION SCHEDULE J - (Continued) F . At the RECEIVING levels in Question II .E . , what is the projected useful life in years? Over 25 Years G. How much of the RECEIVING level in Question II . E . is committed to under contract in cubic: yards? 1998 1000tons/day 1999 , 2000 2001 2002 H . Does the Disposal Site have special waste restrictions For: Gate Yes No Fee C$) 1 . Asbestos RR 2 . Wastewater Treatment _ XX Sludge 3 . Hazardous Waste KR Bidder Disposal Site(s) Schedule S .O .J BID (PROPOSAL) FORM Page 4 of 7 INFORMATION SCHEDULE J - (Continued) I . Are there any existing Agreements with local municipalities which prohibit: Item Yes No XX y 1 . Routing to site 2 . weight limits between XX state roads and site XX 3 . Number of vehicles XX u . Vehicle size S. C&D importation XX outside ,jurisdictional area G . Host Community Benefits XX III . EXPANSION PLANS A . Application Permit 1 . Permittee: Not Applicable 2 . No . . 3 . State 't . Date of Submission: S . Copy Enclosed: Yes _ No S . Submission Status: a . Expansion of current site or new site b . Local Citizenry reaction_ C . Regulatory agency f Bidder Disposal Site(s) Schedule S .O .J BID (PROPOSAL) FORM Page 5 of 7 1 INFORMATION SCHEDULE J - (Continued) d . Litigation e . Likelihood to succeed_ B . If you are successful in Question III .A . , what is the additional annual DESIGN capacity in cubic yards (do not include figures from Question ' I -C- )? 1998. NA 1999 2000 2001- 2002 C . At the annual DESIGN levels in Question III .B . , what would be the projected useful life in years? NA D . Would you be willing to share with the Town of Southold engineering reports utilized for the preparation of the Operating Permits on Expansion Application? Yes XX No E . Bidder's Disposal SiteCs) Engineer of Record i Firm 's Name CQA, Inc . 801 Bellvidere Street , Carlisle , PA 17103 Firm 's Address Project Engineer Jeff BArnes Bidder Disposal Site(s) Schedule S .O .J BID (PROPOSAL) FORM Page 6 of 7 INFORMATION SCHEDULE J - (Continued) IV . ATTACHMENTS Attach copies of all permits required of the disposal siteCs) and a copy of the agreement, performance bond and insurance between bidder and permit holder to use the disposal 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 XX 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 Environmental , Inc . Address 127-50 Northern Blvd . Flushing , NY 11368 City State Zip By Peter K. Tully , President (Please Print tcoar e) NAME AND TITLE Signature/ Phone No . 8-446-7000 Date 5 /21 /97 CORPORATE SEAL Bidder- 0leposal Sites) Schedule 5 .O .J BID (PROPOSAL) FORM Page 7 of 7 INFORMATION SCHEDULE K FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, aT TiULLY E� 7 N�VIRONMENTAiL, INC. , Flushing, N.Y. 11368 as Principal, and �&UWLOF MTHNGANSRANCE as Surety, are hereby held and as Owner in the firmly bound unto Town of Sout o sum Of One Hundred Thousand Dollar (SIOO.OD9-.IID) for the payment of which, will and truly be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this 22nd day of rtav 19 -97 The condition of tje 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 construction material and/or demolition debris; NOW, THEREFORE, (a) If said Bid shall be rejected or in the alternate, (b) If said Hid 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 faithful performance of said Agreement, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same. shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall , in no event, exceed the penal amount of this obligation as herein stated. Form of Bid Bond Schedule S.O.K BID (PROP05AL) FORM Page 1 of 3 The Surerg, For value received, herebu stipulates and agrees that the obligations o; said Surety and its bond shall be in no way impaired or affected by any extension o; the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension . IIN WITNESS WHEREOF, the Principal and the Surety_ have hereunto set their hands and seals, and such or them as are carporations •, ' have caused their corporate seals to be hereto aFFixed 'and these " present==-' to be s_cned by their proper officers, the day and year First set Forth above. TULLY ENVI 011 TAL, INC. ori , aa Peter K. Tully, President NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Sur-ety - cy : _ Y11, ttorney-in-Fact Address r Ur Sty: 175 Water Sr- - New York, NY SEAL. CACKNOWLEDCEMENi BY CONTRACTOR, IF A C'uRFORATION) STATE OF: New York 1 COUNTY Albany ) SSN- On this 22nd day of May 15 97 be'Cre ' me personally came Peter Tully to me known, who being duly sworn, did depose and say that he resides in Muttontown. NY - that he is the President of the TULLY ENVIRONMENTAL, .INC. carporamion desc-ibed in and which executed the rc-agoing instrument; that he know=_ the seal of the corporation; that the seal a_:Ixsd to the instrument is such corp-_,-ate seal; that it was so aF°axed bu the order or the Board cF Oirectars cf the corporation; and -fiat he signed his name thereto b like order . o� Noza;g Public Albany Comm. Expp. 9/30/98 . Form c_ Bid Bond Scheduis 5.C.K 3T0 CPROFOSAL) :ORM Page = S (ACKNOWLEDGMENT 5`" CON7R-ACTOR, IF A PARTN_RSHIF) STATE OF: ) COUNTY OF: ) 55N: On this dad of lamberove me personally came tc me known, and known to me to be a member of the firm or and known to me to be an individual described in, and who executed the rorecoino instrument in the Firm name " of and he duly acknowledged to me that he - executed the same For and in tis behalf o said Firm For the uses and purposes mensloned therein. Notary ?ublic (ACKNOWL=0G=1MEiV_ ?Y INDIVIDUAL =ONTRACTuR) STATE OF: ,� ) COUNTY ) _SN: On this day oc 15be?o:s me personally came to me known and ;;nown to be the person described in and who execited tie :oregeing instrument and dui, ecknouiiec;e_- that ie executed ,he same . Nctary ?ubiic Form of Bid Band Schedule S.O.K BIO C?R(i?OSAL) FGR"1 pgyo 3 Cc' I State of MW YM Countr of ALBRU On May 22nd, 1997 , before me,a Notary Public in and for said County and State,residing therein. duly commissioned and-swom, personally appeared II T. M. Tyrrell known to me to be Attorn y-in-Fact of NATIONAL UNION FIRE INSURANCE CONPANY OF PITTSBURGH, PA the coiyora$on described in and that executed the within and foregoing instrument and known to we to be the person,who executed the said instrument in bet of the said corporation.and he,duty acknowledged to me that such corporation executed the some. IN VATNM NHEREOF.I have hereunto set my hand and-aMmed my official sea the dar aod.yeor stated in this certificate abore.. ALBANY COUNTY my Coundision Expires 9-30-98 — Notary ll I i �I ar I , ss: 1997 . betaro me,a Nokay :ed and swarm Personalis appemed Public In and for rind County and State, residing rrell :eyta-Faa at N"IONAL WION FIRE INSURMCE:CMWANY. OF PIITSBURGN, PA 3 to and that ezecoted the within and toregofng-j�ent and . =halt d the said ocrpaation,and he,duly aeknowled taown to me to he the person who executed qed to me-flat web aorpoeation executed the soma 4 hare herecuue set my band and affixed my Idal seaL fhe dar andyear stated In this certl6eate abora. . $5,545,997,287 ALBANY COUNTY 1,223,014,656 9-30-98 . . . . . '" 2.248,262 iioaar It - . . . . . 126,846,050 _ , • • 103,315,470 . . . . . 812,974,385 . • . 4,478,750 . . . . . 4,044,964,561 . .. ... . . .4.049.443.311 'LUS.. ..$11.863.839.421 Bonds- 1Surance Commissioners. Bonds and MOCKS are rwua.,,,,...,.._.__ fired by law. Securities carried at $612,647,455 in the above Utaleftlerrc 4 - _- CERTIFICATE ELIZABETHI M.TUCK, Secretary and MICHAEL J. CASTELLI, Comptroller of the National Union Fre Insurance Company of P"fttsburgh. Pa. being duly sworn, each for himself deposes and says 4hat they are above described officers of the said Company.arld thaton the 31st day of December, 1995,the Company actually possessed the assets s&,Iom*0%foregoing statement alnd that such assets were available for the payment of losses and dawns and held for the:protecLon.of Its powmiderp and creditors, except as hereinbefore indicated, and that the foregoing statement is a torte t-'eft' k of such assets and liabilities of the said company on the 31st day of December, 1995, accordtflg to the best of'tfielr htfom>atJon. Wm4edgegnd belief,respectively. . • .A 4 . '��y'-ti ` Seae�' CbmpbOUer t STATE OF NEW YORK 7 /� COUNTY OFNEWYORK J / � 1/Cqu,,,,1' /�J 01 Ufa st 0> y d MgT 19 9966 Before me came ; i%y.�" in above cfBwsdthe NUkmmarceC*rPNW.amepeaacaW CAROL RAGAS known 10 be V0 ktdfrid aks and ofgoem desubed herald,and adonvA• Notary public,SMJe of New York dg eed*W U"emaned to taa9ok+g Ymwr nma and eal of No.atWd Uw s01RASoml l sale*wpara8od,ttwreto by er hoft of Uwk Otte. Qualified in longs Canty Commission Li0,,,Nay. 13, 1997 31079 C"M American Home Assurance Company POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh,Pa. Principal Bond Office:70 Pine Street,New York,N.Y. 10270 No.01-B-32589 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa.,al Pennsylvania corporation,does each hereby appoint —F.E. O'Brien,Jr.,T.R. Tyrrell,T.M.Tyrrell,C.C. Leach,P.J. Clyne,A.L. Getz,K.J.Furlong,F.E.O'Brien,III: of Albany,New York— its tnue and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company ofPittsbtugh, Pa . have each executed these presents this 21 t day of March 1994. erickJ. Gurba,Vidle P ident STATE OF NEW YORK } COUNTY OF NEW YORK}ss. On this 21st day of March 1994 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa, to me personally known to be the individual and officer PAULME K. t:^!!'.4n1; described herein, and acknowledged that he executed the Notaty Public, S:a:a cf N,w York foregoing instrument and affixed the seals of said No. 31-:% 2606 Qualified in No- York county corporations thereto by authority of his office. Certificate filed in N^w York county Commission Expires October 1 19 01 CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fro Insurance Company of Pittsburgh,Pa.on May 19, 1976: 'RESOLVED, that the Chairman of the Board,the President, or any Vice President be,and hereby is, authorized to appoint Attorneys-i Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognisances and other contracts of indemnity std writings obligatory in the=turn thereof,std to attach thereto the corporate seat of the Company,in the transaction of its surety busincYi 'RESOLVED, that the signsmres and attestation of such olficars and the seal of the Company may he affixed to sty such Power of Attorney or to any certificate misting thereto by facsimile, and any such Power of Asorney or certificate bearing such facsimile signatures or facsimile cal shall be valid and binding upon the Company when an affixed with respect to sty bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nsmm thereof, -RESOLVED, that any such Anorney-in-Fact delivering a wntarW certification that the foregoing resolutions still be in effect may insert in such certification the data thereof,said date to be not later than the date of delivery thereof by such Atuomey-in-Fact.* I,Elizabeth M.Tuck,secretary of American Home Assurance Company and of National Union F'ue Laurance Company of Pittsburgh, Pa.do hereby certify that the:foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations,and the Powers of Anonny issued pursuant thereto,am true and correct,and that both the Resolutions and the Power of Attorney are in full force and effect. IN WrIINESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation this 22nd dayof May 19 97. Elizabeth M Tuck, Secretary INFORMATION SCHEDULE L PERFORMANCE BOND Bond No . KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the "principal") and (hereinafter called the "Surety") are held and firmly bound to the Town of Southold (hereinafter called the "Owner") in the full and dust sum of dollars (S ) good and lawful money of the United States of America, for the payment of which sum of money, well and truly to be made and done, the Principal binds himself, his heirs, executors, administrators and assigns and the Surety binds itself, its successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Agreement bearing date on the day of , 199 with the Owner for the Town of Southold construction material and/or demolition debris Haul- Disposal Services, a copy of which Agreement is annexed to and hereby made part of this bond as though herein set forth in full . NOW, THEREFORE, the conditions of this obligation are such that if the Principal , his or its representatives or assigns, shall well and faithfully comply with and perform all the terms, covenants and conditions of said Agreement or his Ctheir, 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 Ctheir, its) agents or servants, or the infringement of any patent or patent rights by reason of the use of any materials furnished or work done as aforesaid or otherwise, then this obligation shall be null and void, otherwise to remain in full Force and effect; Performance Bond Schedule S .O .L BIO (PROPOSAL) FORM Page 1 of 2 fu -un 1-• a. 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U' - 7 IA r• 7 3 N c (D rr to a. ill t (C CL rl to O rt t--(C to to t0 O rt rt 7 h 0 J (D 11 (D O I rt O 1 O 11 1-• "1E cl N - (1nrtO w O. - 11 _ I (-••7• J' rt w a 1 w a. 0 0 0 E T M. rq rt r 5' 7 to f I I I O rt r• 1-- U' 7 rt 7 J (A J c 0 7, "1 11 w a 1-1' O T rt O (D U rt r• rt O' 1 N 11 (11 Ell a O.l (D O IC - t0 111 w t0 JC(C rr rl) rl In O v rl O N J O (c i , INFORMATION SCHEDULE M OPERATIONAL PLAN The Bidder hereby states that it proposes to implement the following operational plan to haul and dispose of Construction Material and/or Demoliton Debris (C&D) from the Town of Southold Landfill if awarded an Agreement. I. Haul Summarize the manpower and equipment you will make available to perform under this Agreement Tully has a full time disnrrhing nffire -b-i 6 -•. 11 co- ordinate with the Town for timely removal of all material . Equipment to be used fnr rhig nrn aant is 11 on attachment . II. Disposal Summarize the identity and location of the primary and secondary sites you plan to use for disposal of the construction material and/or demolition debris. Describe the arrangements between your company and the disposal site for use of the site. Describe any treatment the C&D will undergo during transport or upon arrival at the disposal site. Attach copies of the permits to construct and permits to operate the disposal site. Site No. 1 NAME Shade Landfill LOCATION Cairnsbrook , PA CONTACT PERSON AND PHONE NO. Darrel Klink, 814-754-4587 Operational Plan Schedule 5.O.M Bid (Proposal) Form 1 of 2 ARRANGEMENTS FOR USE Tully has a long term agreement for disposal at this facility which extends beyond the term of this contract . TREATMENT OR UNUSUAL CONDITIONS None Site No. 2 NAME NA LOCATION CONTACT PERSON AND PHONE NO. ARRANGEMENTS FOR USE TREATMENT OR UNUSUAL CONDITIONS OPERATIONAL PLAN Schedule 5.O.M Bid (Proposal) Form 2 of 2 APPENDIX A SAMPLE OPERATING AGREEMENT THIS AGREEMENT, made on the day of 1997, by and between the Town of Southold, a municipal corporation of the State of New York having its principal place of business at 53095 Main Road, Southold, New York hereinafter called the "Town" and hereinafter called the "Contractor." WITNESSETH WHEREAS, Contractor has submitted to the Town a bid dated 1997 ("Bid") in response to the Town's Bid Solicitation for Construction Material and/or Demolition Debris Hauling-Disposal Services dated 1997, ("Solicitation"); and WHEREAS, the Town Board of the Town of Southold by resolution No. adopted on authorized the Town Supervisor to enter into an agreement with the Contractor to perform certain 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 some meaning as if defined herein. APPENDIX A-1 II. SCOPE OF SERVICES -The Contractor shall perform the services in accordance with the description of those services as set forth in the Solicitation. III. TERM OF AGREEMENT-The Term of this Agreement shollk be three (3) years commencing on July. .The Town, at its sole discretion, shall have the option of renewing the Agreement for two (2) additional one (1) year terms by giving Contractor written notice of its intention- to renew at least thirty (30) days prior to the expiration of the term. IV. PRICE SCHEDULE/COMPENSATION -The unit bid price schedule for the services to be furnished by Contractor is found in Section C -3.1, 3.2 Contractor's bid which is incorporated into this Agreement. V. PAYMENTS -The Contractor shall received monthly payments for services performed during the prior calendar month. The Contractor shall submit a request for payment on a Town approved voucher form along with Contractor's invoice which shall include a daily summary of tonnage hauled by Contractor at a Disposal Sit as applicable. Such payments shall be made within sixty (60) days of the Town's approval of Contractor's invoice.The Town shall be entitled to deduct from any payment owning to Contractor any sums expended by the Town to cure any default or other Agreement non-compliance by APPENDIX A-2 �J sums expended by the Town to cure any default or other Agreement non-compliance by Contractor or to protect the Town from loss on account of any claims filed or reasonably anticipated to be filed . VI . CONTRACTOR 'S WARRANTIES AND REPRESENTATIONS Contractor makes the following warranties and representations: A. Contractor represents that the Town has made no commitment under this Agreement with respect to the volume of construction material and/or demolition debris to be handled by Contractor during the term of this Agreement . B . Contractor warrants that Contractor shall comply with all federal, state and local laws, ordinances or regulations applicable to all of the services to be performed by Contractor . C . Contractor represents that the information furnished by Contractor in the equipment schedules included in the bid is accurate and complete and Contractor acknowledges that Town has relied upon the accuracy and completeness of that information in .the selection of Contractor as the lowest responsible bidder. D . The Contractor represents that Contractor shall utilize its best efforts to insure that Minority and Women Owned Businesses (MBE's and WBE 's) have the opportunity to participate as subcontractors under this Agreement . In the event the contractor subcontracts twenty-five percent (25%) or more of APPENDIX A-3 its work hereunder, Contractor shall submit to the Town an MBE 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 construction material and/or demolition debris for any reason (including Failure to obtain or maintain necessary permits or licenses)',- Contractor icenses),Contractor shall be responsible for providing to the Town an alternate Disposal Site for the Town 's use at no additional cost to the Town, and shall indemnify the Town against any additional hauling cost by the Town or its agent because of the location of the alternate Disposal Site . Under no circumstances shall a change in Disposal Site(s) or failure or inability to obtain or maintain necessary permits by the Contractor be considered a change in conditions . In the event the Contractor is unable to Find an alternate Disposal Site(s) , he shall be deemed to be in default of this Agreement and liable for damages, bond Forfeitures and other expenses as provided in the Agreement. VII . INDEMNIFICATION INSURANCE/BONDS A. Contractor agrees to defend, indemnify and save harmless the Town of Southold against any and all liability, loss, damage, detriment, suit, claim, demand, cost, charge, attorney 's fees and expenses of what ever kind or nature which the Town may directly or indirectly incur, suffer or be required to pay by reason of or in consequence of the Contractor carrying out or performing under the terms of this Agreement, or failure to Carry out any of the provisions, duties, services or APPENDIX A—'t requirements of this Agreement, whether such losses and damages are suffered or sustained by the Town directly or by its employees, licensees, agents, engineers, citizens or by other persons or corporations, including any of Contractor's employees or agents who may seek to hold the Town liable therefore. This obligation shall be ongoing, shall survive the term of this Agreement and include, but not be limited to, claims concerning non-sudden environmental impairments. The Contractor shall ,loin in the commencement of any action or proceeding or in the defense of any action or proceeding which in the opinion of the Town constitutes actual or threatened interference or interruption with the Town's rights hereunder, including all appeals which, in the opinion of the Iown, may be necessary . H . 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 Iown 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 APPENDIX A-S the foregoing indemnification. C. Contractor shall , for the period of the performance of services hereunder, maintain a Performance Bond in the amount of five hundred thousand CsS00,000 .00) dollars wherein named obligee is Town of Southold. The Bond shall be in a form acceptable to the Town Attorney and issued by a surety licensed to do business in New York as a surety . VIII . FORCE MAJEURE If either party is delayed or prevented from fulfilling any of its obligations under this Agreement due to any act, event or condition, whether affecting the Town, the Contractor, the Disposal Site or any of the Town 's or the Contractor 's respective subcontractors or suppliers, to the extent that it materially and adversely affects the ability of either party to perform any obligation hereunder (except for payment obligations) , and if such act, event or condition is beyond the reasonable control and is not also the result of the willful or negligent action, inaction, or fault of the party relying thereon as justification for not performing an obligation or complying with any condition required of such party under the Agreement, the time for fulfilling that obligation shall be extended day-by-day for the period of the uncontrollable circumstance; provided, however, that the contesting in good faith or the failure in good faith to contest such action or in action shall not be construed as willful or negligent action or a lack of reasonable diligence of either party . Subject to the APPENDIX A-6 Foregoing, such acts or events shall include the following; C1) 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; (2) the failure of any appropriate federal, state, county, town or local public agency or private utility having jurisdiction in the areas in which the Transfer Station or Disposal Site is located to provide and maintain utilities, services, water and sewer lines and power transmission lines which are required for the operation or maintenance of the Transfer Station or Disposal Site; C3) governmental 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 C4) 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: Ca) general economic conditions, interest or i inflation rates, or currency fluctuations; Cb) the financial condition of the Town, the Contractor, any of its affiliates or any subcontractor; Cc) union work rules, requirements or demands APPENDIX A-7 which have the effect of increasing the number of employees 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 APPENDIX A-8 required to increase the wages paid to any of its employees as a result of such requirement, all costs resulting there from shall be borne exclusively by Contractor. XI . FORCED ACCOUNTING In the event the Town directs the Contractor, by written authorization signed either by the Town Supervisor or Town 's Solid Waste Coordinator, to perform additional services beyond the scope of those described in this Agreement, the Contractor shall be compensated for such additional services on the following basis: TOTAL COMPENSATION FOR ADDITIONAL SERVICES DIRECT LABOR COST + DIRECT MATERIAL COST + OVERHEAD + PROFIT For the purposes of this Section: A . DIRECT LABOR COST shall include hourly wages, including overtime premiums actually paid plus the following fringe benefits associated with those wages - group medical, group life insurance, pensions, FICA, uniforms, safety equipment or special tools. These fringe benefits shall be separately identified and shall not duplicate fringe benefits paid in connection with work performed within the scope of the Agreement . B. DIRECT MATERIAL COST shall be those costs actually paid by Contractor for materials utilized by Contractor in performance of the additional services . The costs for such materials shall not include sales tax for any materials which constitute personal property incorporated into the structures, APPENDIX A-9 buildings, or real property of the Iown since such personal 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 t❑ 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 gust 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 I fol: a Di5po5ai Fita 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 Disposal Site at no additional cost (disposal plus any additional hauling) to the Town . The parties agree that this is a full service Agreement and failure of the Contractor to provide the identified Disposal Site or acceptable alternative Disposal Site, on or after the commencement date shall constitute a breach of this Agreement . The Contractor' accordingly shall not be excused from its obligations hereunder by reason of any failure to obtain or maintain its permits at the identified Disposal Site. XV . LIMITATION OF FUNDS The Contractor agrees that this Agreement shall be deemed executory only to the extent of the funds currently available for the purposes of this Agreement and that the Town incurs no liability beyond those available by authorization of the Town Board as of the date of this Agreement. XVI . DISPUTES/ARBITRATION Any disputes between the parties to this Agreement may be referred to arbitration by mutual agreement of the parties . Absent such an agreement, any actions or claims by either party hereto shall be commenced in Supreme Court, Suffolk County , New York . In the event the parties agree to arbitrate a APPENDIX A-11 rSli•,•a: :xc . 7 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 Iown and Contractor relating to the Services to be performed hereunder. This Agreement may be modified only by written agreement of Contractor and the Iown. D . To the- extent of any inconsistency among the documents constituting the agreement of the parties, the priority among those documents shall be: 1 . This Agreement; APPENDIX A-12 0. 2. Exhibits hereto; 3. The Solicitation including Appendices; `t. Contractor's Bid. E. Without limiting any other right and/or remedy which the Town may have at law or under this Agreement, if MY the Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors or a receiver is appointed for the Contractor or any insolvency arrangement g proceedings are z instituted by or against the Contractor, the Town may terminate this Agreement. F. Contractor agrees that it will conduct itself consistent with its status, said status being that of an independent contractor and, Contractor, its employees or agents will neither hold themselves out nor claim to be an officer or employee of the Town of Southold nor make claim to any right accruing thereto including, but not limited to, Worker's Compensation, Unemployment Benefits, Social Security or retirement membership or credit. G. If any provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement and this Agreement shall be enforced as if such invalid and unenforceable provision had not been contained herein. H. Contractor agrees that it shall not discriminate APPENDIX A-13 h . eb( t SA+Y.1�ir i}l� 'Y' f and that it shall cause there to be no discrimination against any employee who is employed in the work, or against any applicant for such employment, because of race, religion, color, sex, age, marital status, handicap or national origin in any manner prohibited by the laws of the United States or of the State of New York. These requirements shall include, but not be limited to, the following: employment; upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. XVIII . NOTICES All notices required to be given hereunder shall be made in writing by first class mail addressed as follows: APPENDIX A-14 ' r 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, NY 11971 If to the Contractor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. TOWN OF SOUTHOLD BY: Jean W. Cochran, Supervisor BY: APPENDIX A-15 APPENDIX B NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PERMIT New York State Cepaj-tment or Environmental Conservation AM Legal Affairs, Building aC -SUNY, Stony Brook, NY 11750-22S6 abow Telephone: (516) 44443A4 Iqw Facsifnile: (516)4:443=9 ynebadn.zap= Cwomiaioner The Honorable Jean W. COcbr_n Suce-Asor, Town of Southoid Town z:afl :3109: Main Road Southoid, New :o6c ;2971 Za: Tcwa or Scutxid's T.— �:sfer =en _CLnry !CeS`c=-cn Vic. : Dear Suoer•aisor Coca= ,•_r-'-last:C M(:) of-he Stet'.^...^er! L991, Deciskn and Cry- °D,ecLTJ Cor,.linssoner Edward O'SUliLtm DEC No. i—+-0, =d tae Tv-W s --CL i or z2:'[-.^_Ct»�. ;994. :CC 3II P_`Ge.^Sion. -=e Deea-=ert :ier�'.'v mcroveS oce.don vL:he L2 Cru`;/ .-•fir=�°SCII 3L tae cel .� u ; ;i over 3. CO. Cutc:,ogue Rte ,.�, ;�`_zr? :;. . `%e i esda , Gc Ooe^_tion at+he aeFnr-j wiH be is umiiied is:he = ee' q -k=cr.:rerazer r,J Dv&cm X34 3ardiuc- dated StCLe:nber, '993, and Ln addition. =,e-ow4=ccmiy W= he �ilowinS operating conditions: ! Tae Town Orsi C iy with 5 V`c"CZ.2 Subnar7s :oa7-; ;C��=i ?ravisicus j and ✓ 7-c 1OOQ I,dee^ve�.iC.7Der'] iCCI w'�.�."aL s 1 L r'_nsi2. 43 a 0 S j OL 4 V CZR ]Ue--ldcadv �C�ciie:, 7 "mss aut,Cne=cn Sud�e =prov�e.�d'H:;=eWMg-'^Cr` =yd ?!"S. -.le Lo,.va ;had Clot iNYra '�/~��`l�i at to :r�.tiJ ."lnra rte. J_ '--cu—m .l VtLl�fe WAY �t _c_ecLance or iLC Asa •. -;:e aeces-carr izecs :C ccnrroi mis=c2s m' :1u'lo:ViLg ncera. %e:ors. Z. s "''MCe :o BCM*a _^e M=7-1 '•o ." eoocwmry o_, The Town is prohioi(ed &em receiving at this facilirf, hazardous wase as de^:ned m o NYCRR P= 3 i 1 or, -liaced meatal wase as defined in b ' &Pm:360. Approval mus be grana' in advance, m writing, by the Regional Solid Wase Enke.-, to accept non-hazardous indu-vial waste at the faxility. o. The Town shall apply for and receive a permit for the auder ration before the -expiration of this temporary authorization. 7. The Town must submit by December 31, 1996, to the Deazamear ester 1_)a rescues for Part 360 registration approval Sr the subjem transfer&cTM or, ?)an impieme�tarion schedule for the preparation, submittal and obtabing of a decision by the Degatzmcu on a permit for the subje»transfer icffiry. In the even the latter is submitted, it may, if determined by the Deparstent to be appropriate, result in a fiuther mon of tins temporary authorization In no event, however, shall such e:aessian exceed Ocrober 3,- ' 1997. This authoriratioa is conditioned ucon the Towels ;u a aahermce to the conditions as outlined above and lz$ur ro do so may erait in a revocation of this mdoriz ion VW��ai�+aurs/. ✓' VY E. C0W- ;,a?. :2.iocal D'irec—or REC.N- fE(:!miis Enc. cc. i_. me-, Cava YL Carpe ere A Espen APPENDIX B-2 {.^ .. l� i:.'. �.a.• .. _.q.Kb•i`*'V�}.th i.'Ei i' _ J'C .`{ `. T..+.a4'}f^.tT{'� �. T �_�'? d�' L-� `4�'1r�"yc — f _ ,tom.. � .. .. .. _ ... 'f _ � ..'� • s..� i APPENDIX C ?own or. Southold Accident Report f. TOWN OF SOUTHOLD ACCIDENT REPORT Date of Accident:—/—/— Time of Accident—:—AM/PM s Oral Report By: To: . Date: / / Time: AM/PM Location of Accident: Brief Description of Accident: — Check if continued on separate sheet Action Taken• Additional Action Required & By Whom: Date of this Report:—/—/ By : Department: ANY POLICE REPORT PREPARED REGARDING THIS ACCIDENT MUST BE ATTACHED . Forward Accident Report to Solid Waste Coordinator Southold Town Solid Waste District P.O. Box 962 Cutchogue, New York 11935 APPENDIX - C ��w i 3 APPENDIX D Town of Southold SWMP (Executive Summary) S.0 SUMMARY Phis is a Summary of the update to the Solid `Taste Management. Plea (540) for the Town of Southold. The Town's initial draft TaMp was adopted by the Town Board on September 25, 1990, and a final SWMp an January 22. 1991. Since the adoption of the SWMP, there have been a number Of changes in solid waste management in Southold and on Long Island. The update to the S+w has been necessitated by several factors, including - ion, rec_icling initiatives, regulatory const--mints, changes is solid waste generat and available capacity at other solid •caste facilities combined with changes in the cast of cut-of-Town handling and Processing by the pr_rats sector. ' These factors have -resulted in a change in the Town's prsfesed processing alternative for the res`dual waste remaining after -reduction, reuse, and recycling. S.1 Town Setting The Town cf Southold is a ='L-al town of appr=L ately 54 sgaare miles located in eastern Su==olk Councl an Leng Island. It is bordered by � 2ecania Says and Gard_=ners HaY ca 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 ccmmunity covering approximately four square miles. The Town supports a large agric_lt-.iral c""' wn tY• as dell as a seasonal r weekend/ time residents. of the various tourist population and a number of Part' cammtiiaities in the Town, the larger residential areas ars Prima= l ocated in Southold, Cutchegue, Greenport, and Mettituck. The Town Possesses diverse ecological resources including beaches, bays, estuaries, lakes, freshwater and tidal wetlands, and the upland environment. These rescuress are the result of natural physiology and a:dsti=g development patterns, and a-^s important for the_: prsse_^raticral, social, aesthetic, and recreational value. k County's land ,area, but on5 ly 1. A of the The Town camprisas 5.3% of Suf£ai counvy,s population. The largest single land use in the ^.awn is vacant land <:R. 4 -- Sow SmaiARY-1 APPENDIX D effort are: o Newspaper a Plastic containers a Major household appliances o Metal containers o Bulk Metals O Household hazardous waste o Clear glass o Waste oil a Leaves o Green glass o old clothes a Brush o Brown glass a Batteries o Wood chips o Tires o Mixed Paper (other than ca--dboard) o Cardboard waste planning lanning efforts, the Town has =a accordance with is solid implemented a mandator! curbside recyclable collection program for those residents whose solid Waste is cal'_ec_ad by car=ars. Res'-dents that use tartars are r�.,u'-r=d to sepa.-aca green, brown, and clear glass, plastic (EDPE !1 and 12) , cr tia and aluminum (c-mmi=gleed) , newspaper, and cardboard. Collection of from cnst:mers is c:.-_—Y per=erred ecce every ocher weer. racyelah-es 'Collection by Town pe__=�ittad carters is provided for residential, coumercial, iastitucicnal, and industrial customers oa as individual contract basis. Commercial, inst:-,ltional, and indust^al waste generators can also deliver their own wastes to the laadfil- Provided they are persittad by the Town. Residents may also drop offtheir wastes at the solid .caste complex with a Peron. it is estimated that approxrmacely 107 tons per day of municipal solid waste was generacad in the Town in 1992. This volume is based on 1992 scale house data from the solid waste complex and includes racyclables. c%ture waste stream projections have been forxulated based on the 1992 data and weighted population estimates through the year 2035, and are as '_allows: MMI" Tons ner day '"cos nor year 1989 123 44,895 1392 107.7 39,313 1995 125.6 46,194 2000 134,2 48,995 2005 144.1 52.583 2030 154.4 56,364 20-5 195.3 60,348 i:iaR/4 Sim S -3 S.3 Alternatives Zn formulating the Town's origin Plan (final SWMP Jam wry 1991) , a number of alternative processing methods and implementation alternatives had been evaluated. The alternatives have been reconsidered is teras of environmental soundness, applicability, effectiveness and cost, and are presented in this SWMP update. They include-0 Land Clearing Debris Recycling' o Wasta-to-emergy Reduction/Recavery o Household Hazardous Waste o Municipal Solid haste Composting Reuses o Materials Recycling o Landfill Disposal o Agricultural and Yard Waste 11 Disposal o Methods lof Processing/Disposal of Composting other Wastes o Construction and Demolition Debris (C&D) Recycling Although the Stace has set a goal of 508 reduction, reuse, and recycling as a benchmark : resource recovery systems, it has been concluded as Pax-- of could updated plan that, given the characteristics of its waste stream, the Iowa could target a reduction/reuse/reejcl:g (including c�osti3g) goal Of approx:'mce.y 708. The alternatives that were previously evaluated in the original -TOW 'or Long-term processing or disposal of the residual portion of the waste stream were: o Continued landfilling (no longer an altar ,-native w . the Town) a Use of a new, double-lined Town landfill adjacent to ex-sting iaadf_-'- (no longer a viable altarnative) a Processing at the Brookhaven composting-energy recovery facility (has not been implemented at this time) a Processing at Huntingcon energy recovery facility a Processing at Babylon energy recovery facility a Prccassiog at an in-Town mixed solid waste (MSW) c^-mposting fact;L- (no Langer a viable alternative) a Yard waste exchange arrangement with a town hav4-zg an anergy recovery facility (re-evaluatad this past year with the towns of Huntington/Smithtowaa a private sector processing/disposal (including ?essible use of Hempstead's existing energy recovery facility and recently Proposed ori•race sector facilities) a Long 'maul to another facility (component of tampers-^1 c=ansfer aoerations) s_aaara S,+R� q-5 recovery system. waste seduction 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 vclt, of waste could be achieved through Town support of legislation and other initiatives that aia to encourage residential, commercial, industrial, and institutional establishments to reduce waste generation at the source or point of packaging. This would ef!ectively 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 dede_ral governments that strive to: o Reduce tie valLme and type of packaging macer-als, especially those consti_:xt edof plastics which are essentially aonbiodegradable, noareusabie, and nonrecyclable e Expand the e:^enc beverage container deposit Law =o include a order array of containers o E3cou=age greater use of recycled materials, or products packaged i_ recycled or ree!clable materials o Promota the development of household hazardous waste removal programs o assist and encourage industrial, , commercial, and institutional generators to undertake reduction and recycl-ng programs o assist and encourage homeowners to undertake backyard composting and t= Leave grass clippings on the lawn The Town will continue to support legislative efforts t7 as..ablish deposits on batteries as a means of =educing the concentration of metals i- various products and ZSsidues of solid asta processing. Batteries rnst4tuta an easily removable source of potential contamination from the waste sc=eam. In addition to Leg-slaci-re actions, all sectors Of the Town (public, cpmmer_.al, yacht=ial, and ; ti=utional establishments) willbe encouraged =! the Town to r--due 5i52Ri- C_ SAKp SLnRY-7 ................ The materials targeted for source separation, curbside collection, and marketing include paper (newspaper and corrugated cardboard) , color segregated =cs (PET and EDPE1 , dad fe^mus and nonferrous glass, tin and aluminum, Plast metal containers. Loaves, brush and land clearing debris are also source separated far the purpose of composting• in addition, construct; and iances) , tires, and household deloolitica debris, white goods (major household appl hazardous waste are kept sapar3te at the Collection Cancer. as previously disc3ssed, commercial 11ndustrwial toxic or hazardous waste is currently regulated for proper handling and disposal by Federal and State lax. These maeer?als should not be handled by the TOwn and are Zecycled or processed at -,rivats sector : facilities. tecac .,a marc- Qo+ i d Mnt i=r As wi`h the inial sw'N9, the updated S'wim's resource recovery system recommendschat discarded major household appliances (also =afez_ad to as ''.rhita T transferred on a regular bass goods') continue to be tempera=__Y stacigilad and y I� of the 'Ung ta goods, comprising appraxdmaca_ to ;errata :acicias. d . . waste stream, include discarded refrigerators, wash_ng mac�ne rds, dryers, stoves, et--. Depending on ;a-kets, i.. is possible that revenues could be venerated from this material. Dont Tom^,'] Ti-a5 pert:on of the solid waste complex is used to temporarily designated scaeepile ti=es for shipment to apPmpr ate reprocessing or recycli=g facilities. ions should be sized to stcc:;pilo up to 1,000 tires The temporary scocigile operat , generally nets;tad generation rate of one at any given time. 7sing an assumed tire per person Per year for the Town's population of 20,002, aPproXcmaca-y 20,000 tires per year could =squire disposal. Alternatively, usig an estimated factor for ti=es the residential waste stream of 0.65 ons ger day (based as 1990 scale house data) , with an assumed weight of 25 pounds per tire, an average of approximately 19,000 tires per year would require ;raper disposal. Eased on these estimates, -t may be ascessa--y to size a tire stoc.kpila and transfer Operation to handle becreen 19,000 and 20,000 tires per yea . This would r correspond to as average aaaual transfer arrangement of approximacaly 20 shipments per year (1,000 ties per shipment) , or approximately one shipment every 2 and 1/2 weeks, with a__awaaces For more frequent sweats during csrtai3 peak periods. �_ SkW SUMMARY-9 , r� i ' c HouseFot Aaz-rdous *r,a (cont.) o Gasoline o Spot Removers a Herbicides o Stain and Varnishes o Kerosene o Wood Preservatives a Paints o Unknown/Unlabeled Containers The resource recovery system in the Town's updated sW" recommends that the Town work toward implementing an axtansive public awareness, participation, and education program designed to provide information on the importance of properly disposing haza-'dous materials and the procedures to be followed- The Town's S.T.O.?. program is consistent with the New York State Solid Wasze Management Plan guidelines since it can effectively help reduce the quantity of caring the wast'- stream. additionally, the S.T.O.P. program hazardous wastes an as and anea residents a is expected to iacraase environmentail consciousnesgestimated that segregate and recYcla wastes rather than discard them. It s e aporoximataly 1% of the wasta sz_sam will be covered by this element. The development, planning, pazm=,ting, and capital cost of a construction and demolition debn_s przh ocessing facility is cost-affective if it is hand=ad by private sector rather than the Tcwn. Consequently, as aith the initial SnMP it r is recommences i the ypdacad ?lea that this waste no longer be accepted at Town • The recycling/processing of disposal facilities, except on a tamporary basis this waste should become the res-'cnsibility of the private sector, as is the case in most Towns on Lang Island. This would help to m ==Mins the ef_iciency of cling this material. Concrs recyce, rocks, bricks, asphalt, !=bar, and pallets are among the components of CO debris that can be processed and recycled. -` is estimated that approx�sacaly 15% of the wasta stream is comprised of ccmmerc+_ally generated coast_zctien and demolition debris that could be recovered by this ?1aa aliment. Constr.:ction and demolition rites from residents and contractors are aadlad in the same manner. oi�a A/3 Smagay_11 Y OVERVIEW OF TRANSFER STATION OPERATIONS CUMULATIVE WASTE SUMMARY THROUGH DECEMBER CUMULATIVE RECYCLING SUMMARY THROUGH DECEMBER 1996 APPENDIX E OVERVIEW OF TRANSFER STATION OPERATIONS 1. DESCRIPTION OF RESOURCES No changes to the District's funding mechanisms or management structure is anticipated at this time, although development of a long-range plan for the District is now underway. 2. WASTE RECEIVING AND TRANSFER The Town transfer station operates under a temporary permit from the DEC (pending approval of plans for a new/re-designed transfer station). It receives municipal solid waste generated within the Town by residential and commercial sources. Approximately 10,000 tons are received annually. The waste is delivered individually both by residents and small commercial contractors bringing their own waste (self-haulers) as well as by commercial garbage carters. All waste to be transferred is deposited into a cement pit, or trench, inside the existing collection building where it resides until the long-haul trailer(s) arrive to be "live-loaded." The trench can hold approximately 300 cubic yards of waste. Permit conditions require all waste to be removed within 48 hours of being received. Upon arrival and weighing at the scale, transfer trailers drive in a temporary loading *'slot" located outside the collection building approximately 75 yards from the trench containing the waste to be loaded. The transfer trailers rest on an asphalt surface approximately 4 feet below the loading grade. All loading is done with a front end bucket loader fitted with hydraulic clamps to grab and hold the garbage. Waste is packed, or pressed down, into the trailer by the payloader bucket. Once filled with waste, the transfer vehicles pulls out of the slot and proceeds to the scale to be weighed. If too much weight is on the trailer, the truck will return to the loading slot where the payloader operator will remove enough waste to bring the truck to a legal weight if more waste can be accepted, the operator will add it to the load. Upon being properly loaded, the truck will "scale out,' receiving a weight ticket, and pull off to a convenient location where the driver will tarp the load. PLEASE NOTE: The New Transfer Station Currently Being Planned Will Allow for Indoor Loading and Tarping of the Waste. The Town Anticipates Construction of the New Station Will Be Completed Sometime in 1998. Appendix E 3. RECYCLING OPERATIONS a) Following is a description of key elements of Southold Town's source separation and recycling program. 1. Procedures for implementing the current program. Collection Methods. Recyclables are brought to the Collection Center in two ways: a) self-hauled by residents, and b) hauled from curbside by private carters. a) Self-hauled recyclables are accepted during the Collection Center's regular hours, 7:00 am -5:00 pm, Monday through Sunday. Self-haulers deposit the following items at the recycling drop-off station: 1) glass bottles separated by color, 2) tin and aluminum cans into separate 2-cu. yard containers; 3) plastic containers; 4) polystyrene (PS)(#6 plastic); 5) mixed paper, and newspaper (ONP). Corrugated cardboard is also accepted, but at an outdoor "bunker" away from the main recycling drop-off station. The glass is deposited into 2-cu. yd containers. When full, the glass containers are carried via forklift from the drop off station to roll-off containers located at a below-grade storage area outdoors, approx. 60 feet to the north of the main collection building; the tinialuminum cans are brought to an outdoor"bunker" (a 30' by 40' paved area enclosed on 3 sides by movable concrete block walls 4' in height); the plastic is hand-sorted to remove HDPE and PET containers, which are then baled in one of two small vertical downstroke balers. The remaining plastic consists of a mix of#2 color containers and other miscellaneous plastic. This mix is removed in a container via forklift and dumped in another outdoor bunker, the PS is placed into bags set up in one of two PVC frame bins at the drop-off station. There are separate PS bags for"peanuts" used in shipping packages, block used to pack electronic equipment, and food service containers. Mixed paper is dropped off into 4-cu. foot size gaylord boxes, which are then loaded via forklift into a van-type trailer for hauling to the recycler. Corrugated cardboard is deposited in an outdoor "bunker" to hold until there is enough to load an open-top trailer for hauling to the recycler. The corrugated bunker is shared with carters bringing in corrugated from curbside. ONP is deposited into small carts used to transport the paper to roll-off containers stationed at the outdoor storage area. The ONP is then hauled out under arrangement with a private firm. b) Private carters deliver source-separated curbside recyclables consisting of all the same items as self-haulers, with the exception of polystyrene (#6 plastic). The glass bottles (also separated by color) are delivered directly to the roll-off containers at the bi-level drop area; the tin/aluminum cans, plastic containers, and corrugated cardboard are brought directly to the outdoor"bunkers" that were mentioned above. the curbside plastic comes in at too fast a rate to allow it to be sorted to extract the valuable HDPE and PET. It is merely loaded loose into an open top trailer for hauling to the recycler. The haulers bring mixed paper to the same gaylord boxes used by the self-hauling public. They bring ONP directly to the roll-off in the bi-level area mentioned above. Processing Design/Description - The facility to which self-haulers bring their recyclables is a section of a large building (the Collection Center) that also houses an enclosed facility for the residential and commercial delivery of garbage, a mechanic workshop, and the Center's central office. The main residential self-hauler recycling drop-off area is on a covered concrete slab 50' by 25', open on one 50' side. It contains containers and bins for the drop off of glass (sorted into clear, green, and brown), plastic, tin and aluminum cans, and polystyrene. It also contains the vertical balers used to bale HDEP and PET plastic, which is separated from the mixed plastic stream by facility staff. The corrugated is deposited at an outdoor bunker that is also used by haulers delivering corrugated from curbside. Mixed paper is deposited, by both self-haulers and curbside haulers, to the gaylord boxes that are lined up along one wall of the residential garbage drop-off floor. Curbside glass and ONP are delivered to roll-offs located in the bi-level drop area; curbside cans, plastic, and corrugated are delivered to the outdoor bunkers. 4. ACCOMPLISHMENTSINEW ISSUES a) The 1996 period saw several significant and unique developments that contribute towards the MSW management goals set out in the SWMP. 1) Acquisition of Yard Waste Processing Equipment. In anticipation of receiving ultimate approval of the Town's compost plan, the District acquired the necessary equipment to process and compost 3 - all of the yard waste currently generated within the Town. 2) Enhancement of Source-Separation Recycling Program. The Town adopted a design concept for a new transfer station that . reinforces its ability to handle existing source-separated recyclables from both self-haulers and carters, and which provides for future expansion of the source-separation program. This demonstrates the Town's commitment to source-separation as the operating principle behind all of its recycling efforts, and as the means to achieving the recycling rates envisioned in the SWMP. Southold is unique in this regard. 3) Addition of Polystyrene to Source-Separated Recycling Program. Southold became the first Town on Long Island to initiate a Town-wide polystyrene recycling program by participating in a pilot-project sponsored by the American Plastics Council (APC) and the County of Suffolk. Starting in May 1996, the recycling center collected and shipped to a Long Island vendor 3 grades of polystyrene (#6 plastic). Approximately 2 tons of this extremely light material (600 cu. Yds) were collected and moved. One of the grades, packaging "peanuts," were delivered directly to package shipping outlets for re-use. 4) "Cans for Kids" Program. The Town initiated a drop-off program to collect 5s, deposit aluminum beverage cans for use by a local youth environmental organization. We estimate approximately $15,000 worth of these cans are delivered to the recycling center each year. The Town solicited and received the cooperation of local beverage distributors and sales outlets to accept cans delivered by youth group members who will use the income to fund group activities, which include nature area cleanups, ecosystem study sessions, and recreational camping and field trips. The drop off facility is designed to keep cans sorted into the required brand-name groupings, thus making it easier for the group to redeem them. b) Issues with a potential effect on MSW haul and disposal arrangements are listed below. Item Issue New Transfer Station Town plans to construct a new facility for receiving and transferring waste and recyclables adjacent to the existing 4 transfer station. A conceptual design has been approved. Engineering specifications for the new station will be completed by early summer and submitted to the Town for approval and permit application to the DEC. Construction is expected to begin late in 1997. Existing loading patterns will be changed to accommodate construction activities. The Town will work with the contractor in advance to address any changes in loading arrangements, including any effects on the location where long-haul trailers are to be staged for loading or the time or days of week available for loading. Permit for Full Scale Yard DEC approval of plan submitted in 1995. Waste Compost Facility (May depend on ultimate approval of Closure Plan). Town continues with previously approved small-scale composting program as well as volume reduction of excess yard waste (shredding and chipping) for give-away program or use on-site as ground cover or slope-stabilizing medium. Capping and Closure of The Town is planning to begin capping and Landfill closure operations of the now inactive landfill (which is adjacent to the transfer station) within the next two years. This activity may have minor impacts on SW transfer operations due to increased traffic at the site or occasional diversion of resources to activities other than loading MSW. The Town will notify the contractor in advance if it appears that such impacts may result in delayed or postponed loading operations. ovwtranf 1996 CUMULATIVE WASTE SUMMARY THRU - DECEMBER OEGEAISER INS j ttO %1T90. jTar x4370. %CZ+ f1a11 I TOM FIaOYTO 3110 N11i SEP OCT NL*7 1 Tao F10a IKM DEC INS I TONS ION _ yW FES 14µR MR MAY .911 I I I I uun I I iAu1Nr4 1 6011.64 m1% 113% I 1712264 111% Gw6y1.Twr in" Nan 0901 wan IaK 0001 711.81 1147 No OF 39191 141.12 I lum Gall. .167% I 2547111 4I% _ ANSI) 4770 11917 IN 13 10095 IN 52 14502 26201 mla 17071 111]1 17041 *GG3 W20 210% 27.71 I 97369 5bµ T -r01r1u01w W.1 344397 w 4797 77,37 1]141 3 a %717 100% 2540 n9m 3m01 33903 14 %696 26216 I'364 76M as m 136405 22237 36610 366% 368% I G7m41 320% Ger ma tam 12-14 9m 7/ 11461 365.13 W21 21499 361.24 swol I 247% -26.1% 31% I 3311.31 170% •a..µ 1w GO 1a7m 3m24 24006 621.31 1319] 32233 36281 7b]26 %221 man 1 111.71 -2eol4 -Ia 1% I 121451 -116% a call Tw 027 7001 136w 21447 NN 1924 lel/ 791 1316 mol i 196 -811% 31.1% I 9692] -911 1» .30.11 -n 7% I 2314 -221 l ift O 1310 081 1647 1Gaw 392 2747 024 181 a70 1026 47m tm0 4214 6021 I 10620 11" T 136314144..0 lato as 11674 Ib62 1047 21432 1010 2-71 1am 11261 1mN 114.16 62yK 410.41 I 4"+12 2791% 4r 021 Om 1-w %81 092 13] am l 190 111 %54. 1810 I fool .13" 361% I 354 GO 109% 60y Wdy 1771 0/G 3662 3624 mm 4111 %61 ma n.m 21.7) 2162 I %317 220M 1No% I 1N.w we% ow 946 TOu OmN 975 Om 16.61 1160 1009 IIN 1981 1]2] 1212 1681 Om ; Om ERR -1m0% I 12381 -3i.lx T Guo 70TH: 90191) 79662 126360 23673 2614N 1727m line? 176962 181.0 1642.76 20110 i 1701.11 -10.1% 30.1% i 2090081 190% I 1 NbnrrOwµl I I 4%01 •13G% 31.1% I 1014.62 Ism 2470 fool 1470 61009 30261 7117 002 2914 3661 25436 M597M,43 1 0006 247.2% 4010% I 1%2.73 190% D 1 736 2224 11610 13371 64781 171615 14762 6947 73311 681.14 314.69 Om -001% i31% I 37.69 I.450 MS% scads 00 000 Om 000 Im 914 6.10 431 236 6.41 624 19010 3169% 17617% I 147.77 1%6% M switil,� 70 40 010 7.24 On 1%81 m% 11.71 136 6214 13.81 ]1424 21.0% 71% 1 02114 m.1% %624 351.11 2]1.71 140.10 06.% 37500 mon 16011 45767 MGM ]11.11 i 6.n 14.1% 413% I 24.72 402% 0 047011 1 122 1.71 161 7.m 691 SN 7.21 /.m 792 030 647 360036 160% 79.3% I 1m40.m 30 016 XTOTI9: 479.m 41216 Non 13%.24 min lenm aim 60105 123114 126347 Hi6w I - .30% 01.0% I 33040.6] 230% 11WIOlOTA1L o36m Iwo 181036 '1261 GO MON 36N4I 255400 2%381 31010 27111.415 ]m7a � 1 M w, 1 loo 37x 47.11 i loan 317% 19671.1 It" 1190 2056 INS 1140 1810 1076 1247 zlm 100 /3m Tabllaa 0 G 0 16 em ERR i 62 -69o% ad".1 9 0 0 0 0 10 0 7l T iJ/aayw •Nora 3114%61ar.w.r;eoo WIG credo 1 a. Saar.CeOhlr6ur+1 1M f/du16 OIFmlrrl rel. G913a1 STMm w 6ouu: 6aw9a Tow111ap7i3091]Sad W.W . rl/ J 164Dd7 1996 CUMULATIVE RECYCLING SUMMARY THRU DECEMBER i•-•-_ OECF9ABER ve I I _ YTD %CIwr1 =TOW � %C061p4 %Clwrip6 Fran I TOTAL Fran YTDD JUN JUL JAN FEB MAR APR MAY AUG SEP OCT NOV ITrx Fran NOV DEC 1995 I TONS 1995 i_..___. ._ ..___i.._._....._�._.._..... UOUSEHOI D NECYCLINO I I . I 2665 11.0% 160% 36501 .169% Cyr 26O/ T7./T 2677 ]9.71 30.4tl 94.75 547 a].0 6565 269] 26.2] i ]50 6.1% -5B% I 4601 •/6 B% cy 407 23I 6.18 261 172 ie 52h 670 665 3M ]A9 17./3 d.6% .11.1% i 2]/.39 .17.2% Orrin 1524 12 a9 1275 1630 1743 2263 2600 28]7 25.16 1116 .1665 (316 16.13 319Y 3.1x 1 IN 76 45% PbK 22W law 1606 1].29 6.71 240 21.11 1042 1103 10.1] 10.sis 10.13 0.13 00% NN I 116 N/A PNgllnne• 2241 610% 62% I 25542 210% Crr T3W 1826 /0/9 1618 /165 1700 1849 370 3789 19.10 1404 IN 83 6.7% 26.3% I 119095 664% N.. 0165 67.12 6501 7065 11917 0089 124W 13361 1]532 119.1] 0037 I 1]765 ]0 B% WA% I 657732 130% CrWerp 16583 13263 6571 1".10 13231 9121 19147 12836 11800 NOT 9877 170 60% 300% I low 562% Cr antl4r181 100 100 1 Be I N 1.00 1 N I W 1 W 100 1.N 100 106 00% 00% I 1100 164% C.ow w1 ON O.N 1W 100 100 100 100 1.00 100 1.00 1SO I ]7.65 12.8% •61 fnL I 7"73 76% lA4oA piny "71 79]0 565 INN 7828 36.95 6546 9166 Nat 6109 3300 700 0.0% NIA% 1 5565 112% D%116V t62 1.19 090 142 103 025 637 L00 700 7.00 700 6.76 331% 414% I 7235 47% W41w061wre) IN 1.]t 7ot 700 691 641 7.21 4.65 7.92 665 6.07 2 0 00% 237.6% I 27.75 23.9%. D Cy/o W6o8 030 OW ON 265 4.11 3.19 3.23 2.65 200 2.65 T'W I sea 4s 210% 7.1% I 17210.7 260% •� H.Aof MT9w1. 36516 36414 26511 4014 /1636 33600 608.76 /69.11 167.67 ]65.0 321.11 I M Naxwnl6R1nWr6 I I Z as%al/wol4ho�6 40.0% i 41.0% Or6oar 414% 65.4% 36.9% 17.7% 16914 65414 407% ]0.a% 30.ax 9]514 IU% i i X DOMMERCIALREDYDL8/0 - tool -tin 264% I 3657/ lam _ 1771 618 36.0 5.65 0090 11.11 6581 20.44 12.76 21.11 T1o2 1 30.33 220.6% 61.7% I 191.75 160% M Typ 4Ni1 /35 9.76 1661 7276 1265 Ilea 1291 9.11 2.12 7002 i" 1! I9./1 57.1% 10.1% I 626I9 120% C4MIWN6I T" 6133 1696 62.23 4119 73,76 0.1.00 4656 W.5 NM 31.79 3126 YARD WASTE RECYCLNO 14aM1 Now -137% 312% I 2961/6 48.1% -caYi148 46.70 19" 23205 610.65 302.51 71.1] 4703 2462 3661 zM30 ]NA] 11.30 -73.7% .51.6% i 1423.15 146.5% -r/nxi98 f ea 11 ea W." 343.10 339.25 .204 N 124.85 83.25 73.61 9006 425 WN6CN91 463.36 -13.1% 797% 6551.76 35.9% ,• BeM 0098 165.90 1T"N 97631 46561 3650 3"21 254.99 ]11.45 0071 30.36 -50% 65.7% 10]6.49 •15.2% -.twm d 931 407 16598 0346 135.16 5015 1328 11114 31.13 64.1] W24 11foa0 -29.4% 466% j 051622 36.1% Y4"W"%lnwl 112.65 7071 40176 1860.98 1278.65 006.76 /13.95 3]2.65 200.65 616.63 /6652/ j I DRANO REDYCl9rO TOTAL 642.36 14])2 7260 239826 IM1.0 53.70 910.67 SWAB IN 06 913.31 1830.66 I 1565.17 •19.8% N.]% 1]767.64 ma"Ickv "%*ITOW I 4a.7x Wuwahum 407% 367% 654% No% 610% 246x 9).6% 973% 26.2% 92.7% 6]2X f1 1"a 33.114 0.2% 1 19822 4.7% WUY plp16an1 1165 1365 2086 1926 1020 1656 1976 1132 1170 I1)6 1]00 Tay6ptlN0 0 10 ERR ERR 5 -11.5% N1 911n) 9 0 0 a 0 1; 0 21 0 •NOTE:Yr/W"w R461trp Nw91 b8r888n6w86N1Pe COUEC7E0.Luw I W WNOUIp r0ia60 w gRvn laf NrmeBailpwpuu ay. Sou":Sa/nM7.0e b, /o1So W91w b f Subn�cf Tully Environmental, Inc. 127-50 Northern Blvd. Flushing, NY 11368 to Town of Southold 53095 Main Street Southold, NY 11971 for Construction & Demolition Haul & Disposal Services Due May 22, 1997 LOOM 2 of 2 Packages r } Schedule 5.0.D. List of Officers & Ownership Tully Environmental, Inca 127-50 Northern Blvd. Flushing, NY 11368 718-446-7000 Officers & Ownership The corporate officers and ownership of Tully Environmental, Inc. is as follows: Peter K. Tully, President 25% 4 Shady Meadow Lane Muttontown, NY 11791 Thomas E. Tully, Vice President 25% 18 Evon Drive Syosset, NY 11791 Kenneth W. Tully, Secretary 25% 29 Pelican Court Syosset, NY 11791 James Tully, Treasurer 25% 28 Shady Lane Laurel Hollow, NY 11791 Tully Environmental, Inc, is incorporated in the State of New York Date Incorporated-5/14/92 Employer Identification Number- 11-3114572 r � STATEMENT OF OWNERSHIP Tully Construction Company, Inc. is a privately held New York Corporation. Shareholders are as follows: Maryanne Tully 52% 59 Colonial Drive Plandome,NY 11030 Peter K Tully 8•/U 4 Shady Meadow Lane Muuontown,NY 11791 Kenneth W.Tully 8% 29 Pelican Court Syosset,NY 11791 Thomas E.Tully 80/0 18 Evon Drive Syosset,NY 11791 James Tully 8% 28 Shady Lane Laurel Hollow,NY 11791 John Ince 8°/u 12 Gatehouse Lane Mamaroneck,NY 10543 Harry C.Irwin 8% 3 Lydia Lane Garden City,NY 11350 TULLY CONSTRUCTION CO.,INC. Current Directors and Oljrcers Directors: Peter Tully Thomas Tully Kenneth W. Tully James Tully Officers: Peter Tully, President Thomas Tully, Vice President Kenneth W. Tully, Secretary Gerald Simons, Asst. Sec. James Tully, Treasurer Schedule 5.0.E. Financial Statement: CERTIFIED PUBLIC ACCOUNTANTS X211�au�e��oo,<C AlW1176W WNCENT PANEIITERI.C.PA SIEVEN WE.C.PA TEL(516)7540505 JOHN CHECK C.P.A. FAX(516)754-0192 CAROL WESMALL.C.PA Independent Auditors' Report 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, 1995 and 1994, 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, 1995 and 1994, and the results of its operations and its cash flows for the years then ended in conformity with generally accepted accounting principles. Our audit was conducted for the purpose of forming an opinion on the basic financial statements taken as a whole. The information on pages 10 through 12 is presented for purposes of additional analysis and is not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements; and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole. Northport, New York June 28, 1996 1 TULLY CONSTRUCTION CO. INC. CONSOLIDATED BALANCE SHEETS DECEMBER 31, 1995 AND 19'94 ASSETS 1995 1994 Current assets Cash $ 964,619 $ 2,888,433 Accounts receivable 15,430,665 20,813,953 Costs and estimated earnings in excess of billings on uncompleted contracts 988,147 613,781 Marketable securities (market value: _ 1995 - $1,329,614; 1994 - $1,196,186) 1,280,303 1,172,577 Notes receivable - officers 82,342 76,342 Advances/investments in affiliates 776,659 924,764 Prepaid expenses 770,109 570,364 Other current assets 57.441 249.665 Total current assets 20,350,285 27,309,879 Property and equipment - net of accumulated depreciation 4,662,776 5,590,972 Investments in real estate 273.323 273.323 Total $25,286,384 $33.174.174 LIABILITIES AND STOCKHOLDERS' EQUITY Current liabilities Accounts payable E 7,589,617 $14,331,698- Accrued expenses 1,325,543 618,819 Advances from affiliated companies 148,622 893,000 Notes payable - current 1,317,592 2,037,921 Billings in excess of costs and estimated earnings on uncompleted contracts 526,139 1,424,744 Income taxes payable 134,681 Deferred income taxes - current 190.000 257.000 Total current liabilities 11,232,194 19,563,182 Long term liabilities Notes payable, less current portion 2,146,264 2,280,295 Deferred income taxes, less current portion 80,000 110,000 Subordinated loans - stockholder 3,946,570 4,070,000 Due to consolidated joint venture minority interest 53.837 95.223 Total liabilities 17.458.865 26.118.700 Stockholders' equity Common stock - no par value, authorized 200 shares, issued and outstanding 100 shares 10,000 10,000 Retained earnings 7.817.519 7.045.474 Total stockholders' equity 7.827.519 7.055.474 Total $25.286.384 $33. 174.174 See notes to financial statements. 2 r'"' z Schedule 5.0.F. Background Experience Management Team Kenneth Tully - Mr. Tully has been actively involved in the Solid Waste field for the past 7 years. Hs background includes transfer station operations, heavy equipment operations, trucking ownership and operations as well as solid waste disposal and recycling. Daniel Scully - Mr. Scully has been actively involved in the field of solid waste for the past 6 years. Hlis background includes permitting, issues, transfer station operations, trucking, yard waste composting, C&D recycling and dispatching. Michael Leone -Mr. Leone has been dispatching for Tully for the past three years. Hlis background includes direct responsibility for the management of Southold's solid waste for the past ithree years. Matt Flynn -Mr. Flynn has been in charge of the maintenance and repair of the Tully fleet of trucks for the past 10 years. He is manager of Tully's on site maintenance shop. e TULLY CONSTRUCTION CO., INC. Solid Waste Work History • Our Job#: 91-114 Value: $446,556.00 Contract#: RSCSUPS92 Description: 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, NY 11373 Commissioner: Albert Appleton(718) 595-3269 • Our Job#: 91-109 Value: $15,008.116.00 Contract#: S30510T Description: 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) 5:35-4102 TULLY CONSTRUCTION CO., INC. Solid Waste Work History • Our Job#: 92-121 Value: $11,057,280.00 Contract#: PW#1 - 92 Description: Hempstead Waste Transfer, Processing&Recycling of Yard Waste (3 Year Contract) 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:Richard Ronan(516)378-4210 • Our Job#: 91-117 Value: $2,288,707.00 Contract#: Contract No. 91-92 Description: Rockland County Sludge Transfer and Disposal of Sludge Cake Disposal in Pennsylvania and Ohio (3 Year Contract) 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 (914)359-7111 TULLY CONSTRUCTION CO., INC. Solid waste work History • Our Job#: 92-129 Value: $263,500.00 Contract#: C462 Description: 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 • Our Job#: 92-127 Value: $650,000.00 Description: 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 e a TULLY CONSTRUCTION CO., INC. Solid waste work History • Our Job#: 92-131 Value: $1,907,500.00 Contract#: 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 • Our Job#: 92-130 Value: $1,784,428.00 Contract#: Contract No. EF-9203-B Description: Interim Disposal of Sludge from Yonkers Joint Wastewater Treatment Plant&New Rochelle Wastewater Treatment Plant Contractor. Tully Construction Co. Inc. & Hydropress N-Vuo Services Inc., A Joint Venture 127-50 Northern Blvd. Flushing, New York 11368 Owner: Westchester County Department of Environmental Facilities New Rochelle,New York TULLY CONSTRUCTION CO., INC. Solid Waste Work History • Our Job#: 92-134 Value: $13,407,747.00 Description: Blydenburgh Landfill Town of Islip, New York Construction of a permanent 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 • Our Job#: 92-132 Value: $1,169,000.00 Description: 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 TULLY CONSTRUCTION CO., INC. Solid Waste Work History • Our Job#: 92-140 Value: $2,565,780.00 Description: 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 • Our Job#: 92-135 Value: $11,364,405.00 Description: 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 Noliller Place Syosset, New York 11791 Commissioner: Karl Leopold, P.E. TULLY CONSTRUCTION CO., INC. Solid Waste Work History Our Job#: 93-149 Value: $20,918,200.00 Contract#: 93G79 Description: Babylon Landfill Closure. Included construction of new ash cell and installation of retaining walls around a 1:1.5 slope landfill. Contractor. Tully Construction Co. Inc . 127-50 Northern Blvd. Flushing,New York 11368 Owner: Town of Babylon Babylon, New York • Our Job#: 93-142 Value: $8,006,000.00 Description: Westchester County Long Term Sludge Management Services, Putnam Valley,New York Contractor: Tully Construction Co. Inc. & AgOrganic, Inc. A 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 Art: Robert Matarazzo TULLY CONSTRUCTION CO., INC. Solid Waste Work History • Our Job#: 94-162 Value: $ 1,000,000.00 Description: Southold Solid Waste Disposal Southold,New York Contractor. Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing,New York 11368 Owner: Town of Southold -Dept. of Solid Waste County Road 48 Cutchouge,New York 11935 Contact Person: Tim Bunchuck • Our Job#: 94-161 Value: $ 3,832,835.00 Description: Tuxedo Landfill Closure. 10 acre capping including relocation of existing waste, site grading, and drainage,install 100,000cy gas venting sand. Install 10 acres of liner and gas venting system. Landscape, seed& mulching Contractor. Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing,New York 11368 Owner: New York State Department of Environmental Conservation 50 Wolf Road Albany,New York 12233 Contact Person: Dan Evans TULLY CONSTRUCTION CO., INC. Solid Waste Work History Value: $250,000.00 Description: Greenwich Grass Island Plant Transportation&Disposal of Sewage Sludge Greenwich, Connecticut Contractor. Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing,New York 11368 Owner: Town of Greenwich- Town Hall 101 Field Point Road Greenwich, Connecticut 06836 TULLY CONSTRUCTION CO., INC. Solid Waste Work History Department of Solid Waste • Our Job#: 95-181 Project Value: $3,000,000.00 per year Contract M 463A Description: Haul and Recycle Town of Smithtown yard waste. 2 Year , Contract Contractor: Tully Construction Co., Inc. 127-50 Northern Blvd. Flushing, NY. 11368 Owner: Town of Smithtown 99 West Main Street Smithtown,NY 11787 Solid Waste Coordinator John Trent 516-360-7550 • Our Job#: 95-178 Project Value: $4,836,000.00 Contract#: 336017 Description: Complete Final Landfill Closure pursuant to NYSDEC approved closure plan, including excavate and relandfill MSW, move and re- establish wetlands, fill and grade, install liner and final cover. Contractor. Tully Construction Co., Inc. 127-50 Northern Blvd. Flushing,NY. 11368 Owner: Town of Wallkill • Our Job#: 94-167 TULLY CONSTRUCTION CO., INC. Solid Waste Work History Flushing, NY. 11368 Owner: Town of Islip 400 Bydenburgh Road Islip, New York Executive Director:Peter Scully • Our Job#: 96-190 Project Value: $630,975.00 Contract#: MRA- 5-95 Description: Install leachate discharge piping system at Blydenburgh Landfill Contractor. Tully Construction Co., Inc. 127-50 Northern Blvd. Flushing,NY. 11368 Owner: Town of Islip 400 Bydenburgh Road Islip, New York Executive Director: Peter Scully • Our Job#: 95-182 Project Value: $500,000.00 Contract#: da Description: Load, Haul and Dispose of burning construction debris from private facility located within the Town of Islip. Contractor required to load and haul 50 -70 loads of debris on an emergency basis from a private recycling facility under court order. Contractor: Tully Construction Co., Inc. 127-50 Northern Blvd. Flushing, NY. 11368 Owner: Town of Islip • Our Job#: 96-198 Project Value: $8,000,000.00 Contract#: 959-ADM Description: Removal and Disposal of Residuals from Various Wastewater treatment facilities Contractor: Tully Construction Co., Inc. 127-50 Northern Blvd. Flushing,NY. 11368 Owner: NYCDOS Division of Residuals Operations, Bureau of Claen Water Wards Island New York,NY • Our Job#: 96-203 Project Value: $76,329,774.00 Contract#: Sl l l/S197 Description: Install Slurry wall and leachate control system -Fresh Kills Contractor: Tully Construction Co., Inc. 127-50 Northern Blvd. Flushing,NY. 11368 Owner: New York City Department of Sanitation • Our Job#: 96-195 Project Value: $7,642,233.00 Contract#: IRRA- 95-1 Description: Clean Fill expansion Phase II -Blydenburgh Landfill Contractor: Tully Construction Co., Inc. 127-50 Northern Blvd. Schedule 5.0.11. Equipment List TRACTOR &TRAILER FLEET UNIT YEAR MFGR. _17PS_ TAG NO. 1. D. ORS 7 1992 PETERBILT OVER-ROAD TRACTOR NY-PD8636 ORS 8 1992 WHITE GMC OVER-ROAD TRACTOR NY-PD9187 ORS 10 1992 WHITE GMC OVER-ROAD TRACTOR NY-PD9189 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 1996 PETERBILT OVER-ROAD TRACTOR NY-PD4109 ORS 23 1996 PETERBILT OVER-ROAD TRACTOR NY-PW1377 ©RS 24 1996 PETERBILT OVER-ROAD TRACTOR NY-PD9188 ORS 25 1996 PETERBILT OVER-ROAD TRACTOR NY-PD9190 ORS 26 1993 FREfGHTLINER OVER-ROAD TRACTOR PA-AB39288 ORS 27 1994 FREIGHTLINER OVER-ROAD TRACTOR PA-AB36188 NRS 28 1993 FREIGHTLINER OVER-ROAD TRACTOR PA-AB31950 ORS 29 1994 PETERBILT OVER-ROAD TRACTOR PA-AA91215 ORS 30 1994 PETERBILT OVER-ROAD TRACTOR PA-AA73306 ORS 31 1994 FREIGHTLINER OVER-ROAD TRACTOR PA-AA85106 B 1 1992 MACK OVER-ROAD TRACTOR NY-65052E B 2 1992 MACK OVER-ROAD TRACTOR NY-65053E B 5 1994 FREIGHTLINER OVER-ROAD TRACTOR PA-XAE3141 B 6 1994 FREIGHTLINER OVER-ROAD TRACTOR PA-XAE3139 B 7 1994 FREIGHTLINER OVER-ROAD TRACTOR PA-XAE3140 B 8 1994 FREIGHTLINER OVER-ROAD TRACTOR PA-AB48689 B 9 1994 FREIGHTLINER OVER-ROAD TRACTOR PA-AB48688 S 1 1983 MACK TRACTOR NY-TV8164 S 2 1977 WHITE TRACTOR NONE S 3 1980 MACK TRACTOR NONE S 4 1988 KENWORTH TRACTOR NY-TW9190 S 5 1988 KENWORTH TRACTOR NY-TW9199 TRACTOR & TRAILER FLEET UNIT YEAR I. D. 100 1991 EAST FRIVILS DUMP'PRLH -62944 S 101 1991 EAST FRMLS DUMP TRLR NY-63482U S 102 1991 EAST FRMLS DUMP TRLR NY-62945U S 103 1991 EAST FRMLS DUMP TRI-R NY-63115U S 104 1991 EAST FRMLS DUMP TRI-R NY-62946U S 105 1991 EAST FRMLS DUMP TRI-R NY-62947U S 106 1991 EAST FRMLS DUMP TRI-R NY-63485U S 107 1991 EAST FRMLS DUMP TRLR NY-63484U S 108 1991 EAST FRMLS DUMP TRI-R NY-63483U S 109 1991 EAST FRMLS DUMP TRI-R NY-6365OU S 110 1991 EAST FRMLS DUMP TRIM NY-636510 S 111 1991 EAST FRMLS DUMP TRIA NY-63486U S 112 1991 EAST FRMLS DUMP TRLR NY-634870 S 113 1991 EAST FRMLS DUMP TRIA 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 $ 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 $ 121 1993 TI-BROOK FRMLS DUMP TRLR NY-14841 E S 400 1988 EAST WALKING FLOOR NY-15966E S 401 1988 EAST WALKING FLOOR NY-15872E S 402 1988 EAST WALKING FLOOR NY-15965E S 403 1988 EAST WALKING FLOOR NY-15972E S 404 1988 EAST WALKING FLOOR NY-15971E S 406 1988 EAST WALKING FLOOR NY-15970E S 407 1988 EAST WALKING FLOOR NY-15973E S 408 1988 EAST WALKING FLOOR NY-15873E $ 409 1988 EAST WALKING FLOOR NY-15967E S 410 1988 EAST WALKING FLOOR NY-15969E $ 411 1988 EAST WALKING FLOOR NY-15968E $ 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-1178OF S 416 1993 STECO WALKING FLOOR NY-11779F S 417 1993 STECO WALKING FLOOR NY-11781 F $ 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 $ 422 1993 STECO WALKING FLOOR NY-11788F $ 423 1993 STECO WALKING FLOOR NY-11778F $ 424 1993 STECO WALKING FLOOR NY-1179OF S 425 1993 STECO WALKING FLOOR NY-11793F S 426 1993 STECO WALKING FLOOR NY-11791 F S 427 1993 STECO WALKING FLOOR NY-11794F S 428 1993 STECO WALKING FLOOR NY-11782F S 429 1989 PATRIOT WALKING FLOOR NY-11794F S 430 1989 PATRIOT WALKING FLOOR NY-11795F 8 431 1989 PATRIOT WALKING FLOOR, NY-11796F TRACTOR &TRAILER FLEET UNITA . 1. D. 432 1988 PATRIOT WALKING FLOOR S 433 1988 EAST WALKING FLOOR NY-11798F E 1 1994 TRANS EQUIP WALKING FLOOR NY-65050E E 2 1985 TRANS EQUIP WALKING FLOOR NY-65052E E 3 1985 TRANS EQUIP WALKING FLOOR NY-65053E E 4 1985 TRANS EQUIP WALKING FLOOR NY-65051 E E 5 1994 MCCLAINE WALKING FLOOR NY-73733G E 6 1994 MCCLAINE WALKING FLOOR NY-7373OG E 7 1994 MCCLAINE WALKING FLOOR NY-73732G E 8 1994 MCCLAINE WALKING FLOOR NY-73731G Schedule 5.0.J. Disposal Facility Perimit t>!r �RaatsunvAN1A Permit lid Waste Disposal.antf/or Prooeaeing Facility _ FORM. NO. 8 Permit •No. 143421 Date leewd A ust 26 1991 Dete &Plied Au°ust 26. tom Under the provisions of the Pennsylvania Solid Waste Management Act of July,7, 1980, Act 97, a permit for a solid Waste disposal and/or processing at (municipality) Town IN in the 'County R t1' at 5omereat Is granted to (applicant) Ce (aj.,_ ;_,, ,...:,;.. n corporation ' C ' 'r'brook;: r This permit is a PPlic i o tYie`:i'aoi0ty na Facilit a' Nests Rana nt and described as: Let t, .1 , L This permit is subject to � ''. i irodification, amendmen an � �� of Environmental Rss'{rCea:and•le fWtthec siibJ' . PPlelne {�Y the Department Dbpartment of Envirof`ental.R "' 4 cluspenelon by the K A , 44outt as f0 . Irv) rules and regulations eTiOptedthe�eunder,`'taw'�I�re'to a (cable laws or the the conditions of this p=ermit aird t)re proviaioria n01. 1e cr In Pert with ,�., which is made a part hereof, or for causing any condition inimical the public health, safety er Welfare. . ealth, $ee attachment for waste Ilmitafions and/or special conditions R THE DEpWMENT 0p ENVIRONMENTAL RESOURCES 71"16 PERMIT IS NON�TRANSPERABLE Page 1 of 38 LTH OF VANIA DEPARTME�NTNOFAENVIRONMEALLRESOURCES BUREAU OF SOLID WASTE MANAGEMENT SOLID WASTE FORM N0. 8 Permit Solid Waste Disposal and/or Processing Facility ------------- Uhd r the provisions of the Pennsylvania Solid Waste Management Act, the Act of Jul 7, 1980, P.L. 380, 3S P.S. 96016.101 It �segg., Solid Waste Permit Number 101421 1# ssued to: Resource Conservation CorporatTon, R.D. 11, Box 306, Calrnbrook, PA 1$9 4 for the operation Of a municipal waste landfill to Shade Township, Somerset Coes ty. I. 1$ permit 1a 10lssued in response to Solid Waste Mene9ement Application No. 101421 dated July 2, 1991. Subsequent revision$ and addendum(s) are approved by the Department and are a part of this permit. 2. This permit is Issued in accordance wlth tM Solid West* Management Act, the Act Re�ellnp�and BWutiLReduction Aet�of619881063 . . a Municipal Waaeesggt. Planning, Pollution Control Act of June 8, 1960, P.L. 21191 3g Yell M.; ::reams law, Act of June 22, 1937, P.L. 1987, As amended and ties reguls- tions promulgated pursuant to these lets. 3. This permit is Issued in accordance with 26 Pa. Code 9!271, 273 and 286 for 707.16 acres as shown on Phase I Drawings R2, R3, R4, and R4A, revised June, 1991 and described as the permitted facility area. The site utilizes 60 mil HDPE as the primary and secondary liner. This permit authorizes the disposal of Munlclppai , construction/demolition, and residual waste. No other west#$ shalt be accepted at this site unless specified by permit condition or b written permit amendment. Acceptance of hazardous waste as defined by 28 prior Code 9261 is prohibited at this site. 4. This approved application Consists of the following documents: FormN_ o� /Le, tt,_ Form Tite DateDate fR1 Form A Application for Municipal Waste Penmlt Form 8 Professional Certification 6/881 Rev. 7/91 Form B1 Application Farm Certification 6/91 3/91 Page 2 of 36 " . COMMONWEALTH OF PENNSYLVANIA DEPARTMINT OF, ENVIRONMtNTAL RESOURCES SOUTHWEST REGION - FIELD OPERATIONS WASTE MAK40DOINT SOLID WASTE FORM N0, 8 Permit Solid Waste Disposal and/or Processing Facility Form No./Letter --^�� Form Title Form 38 Request for Equivalency Review Leachate Detection Zone Aggregate and 6/88; Rev, 7/91 Form 38Protective Cover Request for Equlvalency .Review Form 4b Protection Detection - Geonet i/22/9i Form 48 otection of Capacity Relationship hetwein Municipal Waste 10/88evv1/91 Management Pians and Permits ; . 1/91 PRASE I Drawina No. Tide _Dat• (R�vis�le-e1 R1 Cover Sheet R2 Existing Topography, Permitted Waste Rev . 6/91 Disposal/Facility Areas, Exclusionary R3Criteria Existing Topography, Permitted Waste Rev. 6/91 Disposal/Facility Areas, Exclusionary R4 Criteria ExDispoial/Racillty,Aree;tExclusionary Ren 8/91 I R4A criteria Existing Topography, Permitted Waste Disposal/Faeility•Areas, Exclusionary Ren 6/91 R6Criteria R6 Regional-Topography and Conditions 6/ 1 Central Zone Site Testing Program Rev. 6/91 R7Soils/Bedrock Eastern Zone Site Testing Program ReSails/Bedrock Rev. 6/91 Central Zone High Regional Water Table Rev. 6/91 j Map I I . iPage _4 _ of 38 1 i MMOTH OF PENNSYLVANIA DEPARTMENT OFENVIRONME L NEWCES SOUTNWEST,REGION - FIELD OPERATIONS WASTE MANAGEMENT SOLID WASTE FORM N0. 8 Permit Solid Waste Disposal AndProcessing Facility Form No./Letter Form Form C Date (R_ ev`si Compliance History Exclusionary Area Criteria/Environmental Rev. 8/91 6/8B; Rev. 7/91 Assessment Process for Municipal Form E� Waste Management Facilities Form I Contractual Consent of Landowner Facility Plan 9/88; Rev, 6/91 Form 2 Map Requirements - phase I Municipal 5/581 Rev, 7/91 Waste and Construction/D«nolition 5/88; Rev. 1/91 Form 3 Waste Landfills P Requirements - phase II Municipal 5/88; Rev. 7/91 Waste and Construction/Demolition Form 6 Waste Landfills Form 7 Geologic Information - Phase I Hydrogeologic Information . Phase I 1 88; R / Rev. 191 Form 6 Municipal Waste Landfills Initial 0 Ground Water Quality Background 2/89 Form 11 Minerals Deposits Information - phase I 6/88; Rev. 12/90 Form 12 Alternative Water Supply Form 13 Soils Infonmetlon - Phase IPhese 1 5/88; Rev. 12/90 Form 14 Operation Plan - phase II 5/$8; Rev. 7/91 j Form 18 Air Resources Protection 5/88; Rev. 7/91 Foran 18 Revagetation 10/7/88; Rev. 7/91 Form ForErosion and Sedimentation Controls 5/88; Rev. 6/89 Form IS 18 Water Quality Monitoring System 5/88; Rev. 7/91 Phase II 10/88; Rev. 1/91 Form 23 Sails Information . phase II Form 24 Liner System - Phase II 5/88; Rev. 7/1/91 Form 25 Leachate Management - Phase II 5/881 Rev. 7/91 ! Form 28 Gas Management 5/88; Rev. 7/91 Form 27 Contingency. plan for Emergency 5/88; Rev. 1/91 Procedures 5/88; Rev. 7/91 Form 28 Closure Form 38 Request for Equivalency Review 5/881 Rev. 12/90 Final Cover and Grading 5/88 IPage 3 of sib r ' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIROWWAL RESDURCES SOUTHWEST REGION - FIELD OPERATIONS s WASTE MANAGEMENT SOLID WASTE FORM N0. 8 Permit or Solid Waste Disposal and/or Processing Facility Form No./Letter form Tit_ Date (Revision) RSA Central Zone Site Testing Prorant P1e2omatrie Surfaces 9 Rev. 8/91 R10 Regional Structural Geology R11 Western Zone Existing Lan - Use/Mining Rev. 8/91 ^ R12 History Central Zone Existing Land - Use/Mining Rev. 8/91 K13 History Eastern Zone Existing Land - Use/Mining Rev. 0/93 R15 History Graphic Monitoring Well Logs Rev. 8/91 RIG Graphic Bore Logs Rev. 8/91 R17 Topography Public and Private Water Rev, 6/91 R18 Sources Topography Public and Private Water Rev. 8/91 R19 Sources Topography Public and Private Water Rev. 8/91 R20 Sources Topography Public and Private Water Sources Rev. 8/91 j R21 Topography Public and Private Water Rev. 8/91 R22 Sources Topography Public and Private Water Rev. 8/91 R23 Sources ToSourcesy Public and Private Water Rev. 8/91 R24 Geologic Cross-Saction Fill Area A Rev. 8/91 R25 Geologic Cross-Section Fill Area B i R28 200 Scale Detailed Topo 1/2 Mile Rev. 8/91 Rev. 8/91 SiteiPerimeter 200 Scale Detailed Topo 1/2 Mile Rev. 8/91 Site Perimeter R28 200 Scale Detailed Topo 1/2 Mile Rev. 8/91 R29 Site Perimeter 200 Scale Detailed Topo 1/2 Mile Rev, 8/91 Vin• Site Perimeter r Page S of 3_ i . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF IN RE30URCES SOUTHWEST REGION - FIELD OPERATIONS WASTE MANAGEMENT SOLID WASTE FORM N0. 8 Permit Soiid Waste,Di for and/or Processing Facility Farm No./Letter F Title Date (Revision) R30 200 Scale Detailed Topo 1/2 Mile Site.Perimeter Rev. 6/91 R31 200 Seale Detailed Topo 1/2 Mile Site Perimeter Rev. 6/9i R32 200 Scale Detailed Topo 1/2 Mile Site Perimeter Rev. 6/91 R33 Record' of Surface Mining Activities Rev. 6/91 On am R34 Record f� Surface M ning Activities On Bo Co and D Coal Seems Rev. 6/91 R38 Record.of Deep Mine Activities in the Rev. 6/91 8 Seam Record of Deep Mine Activities in the Rev. 8/91 R37 B Seam Reccrd,Of Deep Mine Activities in the Rev. 8/91 438 9 Seam Record Of Deep Mine Activities in the Rove 6/91 R39 B Seam Record of 0610 Mine Activities i.n the Rev, 6/91 Record C Seam cord of Deep Mine Activities in the Rev. 6/91 R41C Seam Record of Deep Mine Activities in the Rev. 6/91 442 C Seam ' ReCOrd. of Deep Mine Activities 1n the Rev 8/91 s1 C Seam y R43 Record' of Deep Mine Activities in the Rev. 6/91 R44 C Sema Record of Deep Mine Activities in the C Seam Rev. 6/91 R45 NAY Coal Seam Top of Coat Contour Map Rev 8/91 R47 "A° Coal Seem Thickness Isopack Rev. 6/91 R48 24-Hour t Of PurpiTest0TimeiDrawdownfplats Rev. 6/91 Well 'W-4B Page _6 Of 25 , 1 t I COMMONWEALTH OF PENNSYLVANIA i DEPARTMENT OF ENVIRONMENTAL RESOURCES SOUTHWEST REGION - FIELD OPERATIONS WASTE MANAGEMENT SOLID WASTE FORM NO. 8 Permit c For Solid Waste Disposal and/or Processing Facility Form No./Latter Form Title Date (Revision) R49 24-Hour Pump Test Time Drawdown Plots Rev. 6/91 Wei 1 W-50 , R49A Time - Water Level Measurement For Rev. 6/91 :. 48-Nour Aquifer Test Well 35A RSO Monitoring Well Schematics W-2AA, W-2C, Rev. 6/91 W-20; W-20AA Rai Monitoring Well Schematics W-18 Rev. 6/91 R52 Monitoring Well SehwAtics W-2A, W-3 Rev. 6/91 R53 Monitoring Well Schematics W-211 Rev. 6/91 R54 Monitoring Well Schematics W-JCS Rev. 6/91 R55 Monitoring Well Schematics W-4A, W-6 Rev. 6/93 k R56 Monitoring Well Schematics W-46 Rev. 6/91 R37 Monitoring Well Schematics W-5A, W-IA Rev. 6/91 R58 Monitoring Well Schematics W-8 Rev. 6/91 R59 Monitoring Well Schematics W-9, W-7A Rev. 6/01 R60 Monitoring Well Schematics W-11CB Rev. 6/91 R61 Monitoring Well Schematics W-11, W-14 Rev. 6/91 D1�2 Monitoring Well Schematics W-12C, W-88, Rev. 6/01 and C8-101 R63 and Well Schematics W-78, W-126 Rev. 6/91 R64Monitoring Well Seheelatics W-12A, W-10 Rev. 6/91 R66 Menitoring Well Schematics W=14PA Rev. 6/91 R66 Monitoring Wait Schematics W-14PS Rev. 8/91 R67 Monitoring Well Schematics W-14PC Rev. 6/96 R68 Monitoring Wall 'Sehematies W-20A, W-32A Rev, 8/94 R69 Monitoring Weil Schematics W-208 Rev. 6/K i R70 Monitoring Well SchematiC3 W-32B, W-35M Rev, 6/91 R71 Monitoring Well Schematics W-35A, W-42A Rev, 6/94 R72 Monitoring Well Schematics W4111 Rev. 6/ft R73 Monitoring Well Schematics W-38A Rev, SIX R74 Monitoring Well Schematics W-380 Rev. 8/91 R74A Monitoring Wall Schematics W-38C Rev. 6/911 R75 Monitoring Well Schematics W-428 Rev. 6/91 j I Page 7 of .36 . i COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES SOUTHWEST REGIO( --FIELD OPERATIONS WASTE MANAGEMENT SOLID WASTE FORM NO. 8 Permit. For Solid Waste Disposal and/or Processing Facility PHASE 1 . Drawing No. Title Date (Revision) R1 Cover Sheet. Index of Drawings, Rev. 6/91 Location Information R2 Excavation (Bottom of Subbase) Grade Rev. 7/91 Plan and Site PipingSystems RZA Excavation (Bottom of Subbase) Grade Rev. 7/91 Plan R23 Landfill Piping Pian - Leachate Collet- Rev. 7/91 ti on.System R2C Landfill Piping Plan - leachate Detee- Rev. 7/91 tion' System R2D Landfill Piping Plan - Underdrain System Rev. 7/91 R3 Transmission Line Manhole Details Rev. 8/91 R4 Tabulation of Manholes,'Transmission Rev. 8/91 Lines, and Interior Collection Manifold Pipes RBA Tabulation of Leachate Collection. Rev. 6/91 Detection and Underdrain Linea - Area A RBB Tabulation of Leachate Collection, Rev. 6/91 Detection and Underdrain Lines - Ara A K5C Tabulation of Leachate Collection, Rev. 6/91 Detection and Underdrain Lines - Areai A and 8 Rao Tabulation of Leachate Collection, Nov. 6/91 Detection and Underdrain Lines Area 8 R6 Final Grading Plan Rev. 7/91 ' R7A Typical Landfill Liner Seeti.ons Rev. 6/91 R78 Landfill Cap and Liner Details Rev. 6/91 RSA Traffic Route and Access Road - Rev. 6/91 R88 Profiles, Details Operation/Maui Roads - Profiles, Rev. 6/91 1 Details y "i Page 6 of 35 CMIONNEALTH OF PENNSYL4MA DEPARTMENT OF ENVIRONiIAL RESOURCES SOUTHWEST REGION - FIELD OPERATIONS WASTE MANAGEMENT ;SOLID WASTE FORM N0. 8 Permit For Solid Waste Disposal and/or Processing Facility Drawing No. Title Date tReristonl Roe Operation/Howl Roads - Profiles, Nov. 6/91 Details R9 Landfill Caestruction Details Rev. 6/91 Rig Western Zone Development Pian/Borrow Rev. 7/91 Areat Eastern Zone Development Plan/Borrow Rev. 7/91 Areas R12 NortheOn Zone Development Plan/Borrow Rev. 6/91 Araaa R13 Comprehensive Stormwater Nanagannt Plan Rev. 6/91 (Permit Area) R14 Landfill Drainage Area Map Rev. 7/91 RIB Drainage Details and Data Rev. 7/91 RIBA Cross-Sections Sedimentation Basins A Rev, 7/91 and I R158 Cross-Sections Sedimentation Basins D Rev. 6/91 and J RISC Cross-Sections Sedimentation Basins P Rev. 6/91 and Q RIID Cross-Sections Sedimentation Basins R Rev. 6/91 and S1 R38E Cross-Sections Sedimentation Basins $2 Rev. 6/91 Ri5F and L2P-3 Sedimentation Basin Stage Storage and Rev, 7/91 R18G EBSiBasinseA9 Curves, J, P; and Q Detailed Rev. 7/91 1 R1SH E&SBasins.R, S11 S2 and LTP-1 Detailed Rev. 6/91 Plan view "=6 Fill A ea Drainage Details Nov. 6/9! R17A Composite Landfill Operating Plan Rev. 7/01 iLandfill Cap and Liner Installation Rev. 6/91 Details R170 Operational Alternate Construction Rev. 7/91 Phasing Landfill .Ares A-1 Rin Landfill Area A Sequential Operating Rev. 7/91 Plans Areas A3-A8 i ' Page 9 of 35 i CM MONWEALTH OF PqqNNSYLVIANIA OEPARTN�NT OF ENYIRONNMAL BESOdRCES SOUTHWEST REGION —FIELD OPERATIONS WASTE MANAGEMENT 130LID WASTE FORM N0. 8 ' Permit For Solid Waste.Dlsposal and/or Processing Facility Drawino No. Title Oeste (Revision) 8170 Landfill Area A Sequential Operating Rev. 7/91 R17E Plan Areas AS - A9 Landfill Area A Sequential Operating Rev.' 7/91 R17F P1an'Areas ASO - A13 Landfill Area B Sequential Operating Nov. 0/k R170 Plan 'Aras B-1 '- B-4 Landfill Area B Sequential Operating Rev. 6/91 Plan-Areas B-8 - 3-8 . RIB Borrow Area "P" Cross-Sections Rev. 8/91 R19 Borrow.Ares "0" Cross-Sections Rev. 6191 R20 Borrow Area "N• Cross-Sections Rev, 6/91 Ri& BBoorroow Area "R" Cross-Sections Rev. 6/91 R228 Borrow Area "R" Cross-Sections Rev. 1/91 Rev. 6/!i R22C Borrow;Area "R" Cross-SectlonsR220 Borrow Area "R" Cross-Sections Nov.Rev6/91 R23 Borrow Area "S" Cross-Seetlons Rev. 6/91 Rev 6/91 R24 Borrow. Area "S" Gross-Sections R25 Borrow.Area "S" Cross-Sectlons Rev. 6/!1 Landfill Cross-Sections Area a ((E/W Riv. 6!i R27 Landfill Cross-Seetlons Area B (E/W Rev. S/!1 R28 Landfill Cross-Sections Ara 8 E/W Rw. 6/91 R29 Landfill Cross-Sections Ara B N/S Rev. 6/91 R30 Landfill Cross-Sections Ana B MIS Rev. 6/91 R31 Landfill Cross Sections Ane B N/S Rev. 6/91 R32 Landfill Cross-3ections Area B N/S Rev. 6/!1 R33 Landfill Cross-Sections Areas A i B Rev. 6/91 I R34 (E/W) R34 Landfill Cross-Seetlons Ara A (E/W) Rev. 7/91 R35 Landfill Cross-Seetlons Ares A E/W Rev. 7/91 R30 Landfill Cross-Sections Ara A E/W Rev. 7/91 R37 Landfill Cross-Sectlons Ara A N/3 Rev. 7/91 R39 Landfill Cross-Sections Area A NN Rev. 6/91 R39 Landf111 Cross-Sectlons Area A NIS Nov. 6/91 Landfill Cross- CtionLandfill Cross-Sections Areaa A (N/S Rev. 7/91 R42 Truck Wash Details Rev. 6/91 Page 10 Of 36 i. I COMMONWEALTH OF PENNSYLVANIA DEPARTM W OF ENVIRONMENTAL RESOURCES SOUTHWEST REGION - FIELD OPERATIONS WASTE MANAGEMENT SOLID WASTE FORM NO. 8 Permit For Solid Waste;Disposal and/or Processing Facility Drawino No. Title Date (Rgvlsion) R43A Gas Extraction Will and Monitoring Probe Rev. 7/19/91 Plan Landfill Area A R436 Gas Extraction Well and Monitoring Probe Rev. 6/13/91 Plan Landfill Area B — R43C Profile of baa Collection Headers Rev. 6/91 Landfill Area A R43D Profile of Gas Collection Headers Rev. 6/91 Landfi I 1 Ara B R43E Proposed Das Well and Monitoring Probe Rev. 7/29/91 Schedule R44A Proposed Landfill Gas Extraction Welt Rev. 8/13/91 and Monitoring Probe Details R44B Proposed Landfill bas Piping Details Rev. 6/91 R44C Proposed Landfill Das Condensate Rev. 6/13/91 Collection Sump Details 1440 Proposed Plan of Landfill Gas Extraction Rev. 6/91 Equipment Areas Proposed Condensate Knockout Pipe and Rev. 8/91 Cleanout Details. R46 General Site Arrangement Plan Treatment Rev, 7/91 Facilities R46 Leachate Stabilization Basin 'Am Rev. 7/91 Leachate Detection Lines R46A Leachate Stabilization Basin "A" Rev. 7/91 Underdraln Lines R47 Genarail Site Arrangement Ptan Office, Rev. 7/91 Scale House and Maintenance Building S R48 Final Grading Pian Treatment Facilities Rev. 7/91 R49 Final Grading Plan Office, Scale House, Rev. 7/111 i >`? and Maintenance Building R50 Laehate Detection and Undardrain Plan Rev. 7/91 Treatment Facilities R61 Secondary Maintenance Budding Site Plan Rev. 7/91 R52 9-3e1114ine Refuse Capture and Typical Rev. 6/91 Liner Details Page of y35_, i i - I i NWEALT DEPARTC� OF NVINTAL ORMLVANIA RES.OURCES ! SOUTHWEST REGION - FIELD OPERATIONS WASTE MANAGEMENT SOLID WASTE FORM N0. e Permit Solid Waste'Disposal anProcessing Facility Drawino No. Title Date tRevlsienl R53 Leachate Stabilization Basin 'A' Cross- Rev. 6/91 Sections R54 Leachate Stabilization Basin 'A' Cross- Rev, 6/91 RE6 Sections Post-Treatment Liachate Effluent Storage Rev. 7/91 R56 Basin Cross-Sections Post-Treatment Leachate Effluent Storage Rev. 6/91 R67 Basin Cross-Sections R57 Process Flow Graphic Nov. 6/91 R69 Process Flow Diagram Rev. 6/91 R89 Leachate Hy Hydraulic Profile Rev. 6/91 ROD Secondary Treatment Plan and Elevations Rev. 6/91 Inclined Plate Separator, Flow Equaliza- Rev. 6/91 tion Tank and pH Control Tank Plans and l R62 Process Piping�Plan and Sludge Holding/ Rev, 4/91 Conditioning Tank Plan and Elevations R83 Flesh Mix Tank Plans and Sections Rev. 6/91 R64 Flash Mix Tank and Details Nov, 6/91 R65 Leachate Pump Station Details Rev. 6/91 Roe Leachat nBasinAerator and Control Rev. 6/91 BuilDels R67 Process Flow Diagram Rev. 6/91 K66 Underdrain Treatment Facility Cross- Rev. 6/91 R69 Sections Underdrain Treatment Facility Cross- Rev, 6/91 R70 Sections R71 Underdrain Treatment Plant Mechanical Rev. 6%93 R72Details Underdrain Treatment Plant Electrical Rev, 6/91 R73 Schematic Underd0ain Treatment Plant Electrical Rev. 8/91 Schematic R74 Underdrain Treatment Plant Facility Rev. 6/91 R76 LeConstruction Details Omposting Facility Rev. 6/91 I 1 '. Page 12 of 38 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENtAL RESOURCES SOUTHWEST REGION - FIELD OPERATIONS x WASTE MANAGEMENT s SOLID WASTE FORM N0. B Permit For Solid Waste Disposal and/or Processing Facility S. The permittee shalt construct, implement and maintain all structures in accordance with the following permit/approvals: A. Clean Water Act, Section 404, Permit application to place fill in wetlands: U.S. Amy Corps of Engineers; Public Notice No. 88-7; Application No. 880061 June 19,. 19911 expires December 31, 2002. " a PA DER Mining Authorization for reclamation work for Willie Will Wetland Mitigation: Mining Authorisation Permit No. 1-02700-56763036-02; May 31, 1989; expires March 69 1994. C. Surface Mining Permit: No. 667630381 December 19, 19901 expires December 31, 1991. D. Surface Mining NPOES Permitr No. PA0125015; May 31, 1989; expires March 6, 1994, Surface Mining Operator's License: No, 1-02700; December 19,5990; expires December 31, 1991. (For Surface Mine Reclamation) i E. Water Obstruction and Encroachment Permit: SEP No. 58763036-E1; May 31, 1989; expires,March 6, 1994. F. Chapter 106 Water Obstruction Permit: PA DER - OWN Fite No. W56:0; Application No. E56-181; June 19, 1991 issued June 19, 1991; expires December 31, 1993. (For-Wetlands) G. Dam Safety Permit, Stotler Street Mitigation Site (for 4 structures): Permit Application No. 056-118 for Basin 1, Permit Application No. 058-119 for Basin 21 Permit Application Me. D69-120 for Basin S. ^acSembe�e31st1991, thinaantax!extension these permits prior to construction. H. Dam Safety Permit, JT Mitigation Sites Permit Application No. 056-121 for Basin 1. i Page 13 of _35 i COMMONWEALTH OF PENNSYLV#XIA DEPARTMENT OF ENVIRONMENTAL RESOURCES SOUTHWEST REGION - FIELD OPERATIONS WASTE MANAGEMENT SOLID WASTE FORM NO, 8 Permit For = Solid Waste' Disposal and/or Processing Facility I. PA Code Chapter 102 Compliance review of Soil Erosion and Sedimentation Control Plan for JT Mitigation area and Willie Wilt Mitigation area; From the Somerset County Soil Conservation District, approval February 24, 19881 design revision approval February 23, 1990. J. PA Code Chapter 102 Compliance review of Soil Erosion and Sedimentation Control Plan for RCC Landfill: Earth Disturbance Permit Application No. 66878031 DER Bureau of Soil and Water Conservation Application approval June 2, 1988• revisions approved September 151 1988; additional revisions approved October, 19901 June 19, 19911 expires June 19, 1993. K. PA Code Chapter 102 Compliance review of Soil Erosion and Sedimentation Mntrol Plan for Stotler Street and Cottagatown Mitigation sites: From the Somerset County Conservation District approved May 18, 1089, L. Application for Clean Water Act, Section 401, Water Quality Certification for landfill site, JT Mitigation site and Willie Will Mitigation sites Pittsburgh Water Quality Management Application No. NN30; April 2, 1988. M. Application for Clean Water Act, Section 401, Water Quality Certification for Stotler Street and Cottagatown Mitigation sites: Pittsburgh Water Quality Management Application No. NN30; April 2, 1988, N. PA DER Water Quality Management MPDES Permit for underdrain and leachate treatment dischargest Application PAO098213 combined with PA0097110; draft published January 10, 1901 issued August 26, 1991. Water Quality Management Permit for leachate treatment plants No. 5688201; Water Quality Management for underdrain treatment plant, No. 5687202; t issued August 26, 1991. NPDES Part I, PA0097110 - leachate treatment. t 0. U.S. Fish and Wildlife Service commenting on the landfill , JT Mitigation Plan and Willie Will Mitigation Plan commenting on Clean Water Act, Section 404: Approval given March 11, 1988. I Page 14 of 35 i I � s' COMMONWEALTH OF PgNNS%'VANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES SOUTHWEST REGION - FIELD OPERATIONS } WASTE MANAGEMENT. `SOLID WASTE FORM NO. 8 Permit Sol Id blasts D1or Sposal and/ or Processing Facility P. U.S. Environmental Protection Agency commenting on landfill plans, JT Mitigation Plan and Willie Will Mitigation Plan and commenting on Clean Water Act, Section 404; Acceptance of site alternatives analysis .� March 26, 1987. O• PA Fish Commission commenting on landfill plans, JT Mitigation Plan; and Willie Wili Mitigation Plan, COM110nting on 404/108 Application; 1) Approval of four 404/105 applications to place fill in wetlands and provide mitigation - December 231 1987; 2) Approval of Mitipation Plans for JT and Willie Will sites - December 23, 1987; 3) Approval of Statler Street and Cottagetown Mitigation Plans May 31, 1989: R. PA Game Commission commenting on joint .404/105 Application to place 1111 in wetlands and provide mitigation: 1) Approval of 404/105 application - February, 23, 1988; 2) Approval of the JT and Willie Will Mitigation Plana - February 23, 1988; 3) Approval of remaining Mitigation Plans - May 17, 1989, 6. If there is a conflict between the application, its supporting documents i and/or amendments and the terams and conditions of this permit, the terms and conditions shall apply. 7. Nothing in this permit shall be Construed to supereede, amend, or authari2e A violation of any of the provisions of any valid and applicable local law, ordiregulation is or nogt preemptndpbyvthe PennsylvanialSolidiWaste Management Act. the Act of July 7, 1980, P.L. 380, No. 979 35 P.S. 16018.101 at s ., and the Municipal Waste Planning, Recycling and Waste Reduction Aff o1988, 53 P.S. 14000.101 at ttg. .Y Page 15 of 35 i f p Y I a OF PENNSYL*NIA DEPARTMENT OFCOMMALTH ENVIROMWAL RIU URGES SOUTHWEST REGION - FIELD OPERATIONS WASTE MANAGEMENT SOLID WASTE FORM N0, 6 Permit For Solid Waste Disposal and/or Processing Facility 8• 'anal operational, design Or other plan developed subsequent to permit issuance which exhibit changes in structure, location, specification or other changes of substance :hall be submitted to the Department for permit action. Any deviation from the plans herein approved shall not be implemented before first obtaining a permit amendment 'or'written approval from the Department. 9. Permittee shall submit is built drawings to the Department upon completion ` of each construction phase. 10. Copies of all required reports, water certification must be submitted to the fol)Owing Department ofeEnviroemmerditaI ' Resources offices: Department of Environmental Resources and Department of Environmental Resources Waste Management Waste Nanaanent 121 South Highland Avenue R.D. �, W0p1lmore Rad Pittsburgh, PA 18206-3985 P.O. cox 626 Ebensburg, PA 16931 a ti. Approval of any plans or fdcilities herein refers to the functional design, but does not guarantee stability or operational efficiency. Failure of the measures and facilities herein approved to perform as intended, or as designed, or in COmpllanee:with the applicable laws, rules and regulations . ; and the terms and conditions of this permit, for any reason, shalt be i ?,1 ;. wunds for the revocation.or suspension of this permit. 112. No more than 2426 tons of solid waste m�y be received at this facility for w' disposal on any single operating day. This amount includes 380 tons per day Of residual waste as specified in Permit Condition Me. 14. This figure represents the maximum daily volume of the facility, pursuant to Section 1112 'f of the Municipal waste Planning, Recycling and Waste Reduction Aet, 63 P.S. 14000.1112, which section also provides that A mandatory civil penalty of $100.00 per ton applies to any excess volume neleved for disposal at this facility for any reason. 19. No more than 2000 t dispons of Solid waste may be reeaived at this facility for '? osal, on in average daily volume basis over the standard Calendar year quarter.ermit ConditionmNo.nl4udeThlsOfl9ureprepriientsof rthedaverayetdally Specified i + ` Page I_ of 96 - COMMONWEALTH of PEMNSrLvriMi;A i DEPARTMENT OF ENVIRONMENTAL RESOURCES "? SOUTHWEST REGION - FIELD OPERATIONS 1 WASTE MANAGEMENT SOLID WASTE FORM NO. 9 Permit For Solid Waste Disposal and/or Processing Facility of the facility, pursuant to Section 1112 of the Municipal Waste Planning, Recycling and Waste Reduction Act, 63 P.S. 14000.1112, and has been set after consideration of weather, seasonal variations, eomiwnity cleanup days, and other factors. Section 1112 'provides that a mandatory civil penalty of $100.00 per ton applies to any ixcess waste received for disposal at .this facility for any reason. Any penalty for violation of this permit condition ;ml i be calculated by the'Department after determining the total tonnage of solid waste received for disposal at this facility during the calendar year quarter, divided by the number of permitted operating days that the facility was permitted to accept waits for disposal during that quarter. 14. No more than 360 tons of residual waste as defined by 26 Pa. Code 1271.1 may be received .for disposal at this facility on an average daily basis during the ;i standard calendar year quarter once approvals are obtained from the Department. 18. The maximum and average daily volumes Joey be revised by a minor permit modification by the Department up to 3000 tons/day average and 3750 tons/day maximum if additional waste streams are approved by the Department for disposal at the facility or if additional contracts vire submitted and approved in support of waste volumes from counties utilizing this facility. 16. No more than 30% of the municipal waste received for disposal at this facility on an average daily basis during the standard calendarear quarter may be imported `< from points of original generation.outside of Pennsylvania. 17. The permitted days and hours in which waste may be delivered to the facility are: Monday through Friday, 7:00 a.m. to 5:00 p.m., and Saturday 7:00 a.m. to 12:00 p.m., or such other reasonable hours as the hest municipality may set by ^�'�•^se, pursuant to Section 304(b))(2) of the Municipal Waste Planning, Recycling and Waste Reduction Act, 63 P.S. 14000.304(b)(2). IS. Actual average daily volumis of solid waste, which includes municipal and ?, residual wastes, shalt be. calculated by the Department. after determining the relevant total tonnage of waste received for disposal at this facility during the calendar year quarter, divided by the number of permitted operating days that the facility is permitted to accept waste for disposal during that quarters For purposes of the calculation of averaging periods, each partial operating day when the facility is permitted to receive waste shalt be counted as one whole day. i; Page 177 of 35 II 4 J COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENV IRONMENTAL.RESOURCES SOUTHWEST REGION. - .FIELD OPERATIONS WASTE MANAGEMENT SOLID WASTE FORM No., B Permit For Solid West$ Disposal and/or Processing Facility '3 Averaging periods shall also include days when th.0 facility WAS permitted to, but did not receive waste. Days when the facility was not permitsd to receive west@, such as Sundays, shall not,be included in the calculated averaging Periods. 19. This permit is Conditioned to prohibit the facility's receipt and processing or disposal of municipal wastes from any municipality whose Department approved and urntnted id waste ednt designates another for current rece'ptand proceigordisposaOfsmnipiwastes. However,this faNittydlsiunableltonuceptlsuch municipalAwastesiIn atmanner that issconsistent with the rults and regulations of the Department. This permit authorizes '-••Mance of municipal waste from Blair, Cambria, and Somerset Counties or any other county if this site becomes a designated facility in an approved county municipal w:te plan. • 20. This permit `:S conditioned to require a fee be paid into a trust, established by the County, on a quarterly basis equal to =,25 per ton of weighed waste or 11.26 per three cut,ic yards of volume measured waste for all solidwaste received at the landfill. Payment of this fee is required by Uotlon 1108of the Municipal Waste Planning, Recycling and Waste Reduction Act. If the County has not truatlished establl established. the-operatorne usthis established bytth County, theioperator shalt pay all collected feu into the trust. 21. This facility may not receive waste unless the operator has established at Least one drop-off center for the collection and Sale of at least three recyclable nraNriais Chosen from the followings clear glass, colored glass, aluminum, Steel and bimetallic cans, high-grade offl•Ce paper; newsprint, corrugated paper and plasties. The drop-off center must be oeated at the facility or at a location that is easily accessible to substantial numbers of persons generating municipal � in compliance disposed oo 1B02(bjaoflthe MunicipalWaste ingo Rbe e clingandWaste Reduction Act. j s 22. Lead acid batteries shall not be placed into mixed waste, discarded, or :".-Hiss disposed of at this facility. Y Page of SB i i COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES SOUTHWEST REGION- FIELD OPERATIONS WASTE MANAGEMENT SOLID WASTE FORM No.,a Permit For Solid Waste,Disposal and/or Processing 'Facility 23. The collateral bond in the Amount of $15.587,225, dated Nay 15, 1991 and executed between the permittee and Department is approved in support of this 707.16 acre permit, Initial collateral payment consists of $3,898,805.50 Letter of Credit, No. 594125 from the Philadelphia National Bank. 24. Yearly collateral payment Shall be due within forty-five (45) days of the" anniversary date of permit issuance a$ provided in the appendix attached to the aforementioned Collateral Bond Agreement, 25. Commercial liability insurance policy No. RHOL24ON23 from the National Union Fire Insurance Company of Pittsburgh, PA, approved by the Department on August 2, 3991 covering thlyd.par>y Alaimo for property damage and personal injury in the amounts of $4,000,000 per occurrence with a 1400000000 annual aggregate shall be maintained in fares until the Department certifies final closure of the facility. Upon the effective date Of. requtations modifying the insurance requirements .;;ntcipai waste facilities, the permittee will comply with the terms and j conditions of the final regulations. 26. Nothing in this permit eha•1.1 be construed to authorize the removal of minerals by surface mining without the permittee first obtaintmq all necessary permits and authorizations pursuant to the Surface Mining Conservation and Reclamation Act, 52 P.S. 11398.1 It she . and the Clean Streams Law, 35 P.S. 9691.1 M. from the Department. 27. Any independent contractors or agents retained by the permittee to construct or operate this site shalt be subject to prior ceemmppiiance history review by the Department As specified by the Pennsylvania Solid Waste Management Act of 1980. .3 26. As a condition of this peroit and of the paraalttee's authority to conduct the activities authorized by this permit. the permittee hereby authorizes and consents to allow authorized employees Or agents of the Department, without :.. advance notice or search warrant, upon presentAtian of appropriate credentials and without delay, to have access and to inspect all anis or permittee will bel conducted,nt Thissauthorizationwandeconsenttsshhaall include consentito or icollect samples Of waste, water, or gases; to take photographs; to perform i Pace i9 of 35 'V I1 1 x COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES SOUTHWEST REGION - FIELD OPERATIONS WASTE MANAGEMENT :SOLID WASTE FORM NO. 8 Permit For Solid Waste!Dlaposal and/or Processing Facility i measurements, surveys, and other tests; to.Inspect any monitorin equipment; to inspect the methods of operation; and to inspect and/or copy documents, books, and papers required by the Department. This permit condition is referenced in accordance with Sections 808 and 810.7 of the Solid Waste Management Act and 25 Pa. Code 1271.123. 29. The permittas shall providl written notification to the Department and all customers using the facility when the facilityos remaining capacity has decreased to three (3) years. This notification must state that all custom- ars may need to seek an alternative disposal option. 30. The permittee shall submit an Annual Operation Report as required in 25 Pa. Code 273.313. 31. Certification of each component of this facility design and construction shall be submitted to the Department by a professional engineer, registered in the Commonwealth of Psngsylvania, upon completion of oath phase of construction, as specified by 25 Pa, Code 1273,283(x). The permittee must notify the Department in writing, within seventy-two (72) hours, before com- menCing Construction of major phases as defined in 25 Pa. Code 1273.203(x). The Department must approve the final certlficatlan report prior to any waits disposal. A registered Pennsylvania professional engineer shall certify in writing on Form 37, provided by the Department, for each phase of the construction, under penalty of law respecting unsworn falsification to authority (18 Pa. C.S. 14904), indicating that he has personally examined the construction of said phase and it is constructed and prepared in accordance with the documents, statements, design, and plans submitted as part of the appItca- j tion as approved by the Department. The above certifications shall include at a minimum the test results required in' the approved Construction Quality Assurance Plan in Forms 23 and 24. 32. Abandoned gas or oil well(s) discovered during the development of this site shall be plugged in a manner consistent with all applicable laws and regula- tions including, but not limited to, Section 1 of the Act of May 17, 19219 P.L. 912, 58 P.S. 14 and the Act of December 19, 1984, P.L. 11409 No. 223, 66 P.S. 1501.107 seq., as well as any applicable rules and regulations. I I Page 20 of 35 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES SOUTHWEST REGION - FIELD OPERATIONS WASTE MANAGEMENT .A SOLID WASTE FORM N0, 8 Permit For Solid Waste Disposal and/or Processing Facility It shalt be the permittee's responsibility to insure that plugging occurs in accordance with the Department's regulations. In addition, all test bare holes found open during site preparation shall be sealed and grouted to prevent infiltration of liquid into the groundwater. ",e6ing abandoned gas and oil wellsand test boreholes shall be seated within thirty (30) days of permit issuance unless otherwise approved by the Department. The following procedure, unless otherwise approved, will be required: A. Casing shall be removed and the well visually inspected to check for obstructions. Water level will be measured and the well will remain open until inspected by Department personnel. B. Grout will be tremied into the hole from the bottom to a point approximately three feet below the surface of the ground. At this point the holm will '. again be inspected by Department personnel. The remaining portion of the hole can than be filled with soil. C. Once completed, a Completion detail drawing 1neluding surface and bottom elevation, grouting interval androuting specifications will be submitted to the Department within thirty (30) days. D. Grout shall be a mixture of Portland cement and water in the proportion of one bag cement to not more than six (6) gallons of clean water.; 33. This permit does not authorize nor shalt be construed as an approval to discharge industrial waste, including without limitation, any leachate discharge from the nfr"i+ted area. 34. The permittee shall install all benchmarks shown on Phase II, Drawing R13 applied to waste disposal and landfill section A-I. A drawing certifying the location of the benchmarks shalt be included in the certification report for landfill section ' A-1. i 35. The permittee shall construct, implement and maintain all soil erosion and sedimentation control structures as set forth to Form 17 of the approved solid waste application. All erosion and sedimentation control ditches must be installed and maintained above the regional groundwater table for landfill Area A and landfill Area B. Page , 1 of 35 i COMMONWEALTH OF PlI NISYLVANIA DEPARTMENT REGIOF ON 01LRA SS WASTE MANAGEMENT SOLID WASTE FORM NO. 8 Permit For Solid Waste• Disposal and/or Processing Facility 36. The Erosion and Sedimentation Control Plan shall be Implemented in accordance With the approved pian and prior to earth moving activities. 37. The Somerset County Conservation District shall be notified tan (10) days prior to the start of earth moving associated with site construction. 38. The pamittes shall monitor the deep mine below sedimentation basin 3-2 in accordance with the subsidence plan. All reports shall be submitted monthly to the Department. It monitoring shows subsidence potential , than a pian shalt be submitted within fifteen (IS) days of subsidence potential determination proposing grouting of the mine beneath Sedimentation basin S-2. 39. The leachate storage basin must be constructed and operational prior to disposal Of waste at the facility. 40. Prior to placement of the liner System for leachate storage basin A, the permittee shall install a minimum of 5 piazemeters to monitor the impoundment floor separation distance from the regional groundwater table. The piazometers Shall be randomly spaced and positioned at the pond perimeter and between the proposed underdrain pipes. - The piezometers shall be monitored for water elevations on at least a weekly basis and during periods of high leachate flow. A plan shall be Submitted within thirty (30) days of issuance of this ermit detailing placement, construction and monitoring of the pie o=ters. jhe permittee must maintain the 8.0 foot separation distance specified by 25 Pa. Code ! 1273.252(b). A report must be submitted to the 411. The landfill leachate detection zone and tfle leachate collection pond shall be monitored on a weekly basis to determine whether liquid is flowing from the detection zona as required' by 25 Pa. Code i273.268(c). ° If liquid is detected flowing from the landfill and/or leachate pond detection zones, then 25 Pa. Code 5273.255(d) shall be implemented. 42. As part of the Annual Operation Reports the permittee must provide a A.&+ailed report on the integrity of the liner system, leachata collection ' and detection systems, leachate storage facility, erosion and sedimentation ' control structures and gas management system including condensate lines and :. tanks. ! ; Page - 2 of 35_ I • COi1MO LTH OF NSYLVANIA DEPARTNAENTA MENTOFENVIRONMENTAL RESOURCES SOUTHWEST REGION - FIELD 'OPERATIONS 's WASTE MANAGEiR1NT .SOLID WASTE FORM. NO. 8 Permit t Solid Waste'Disposai For Processing Facility 43. Upon COaenencement of leachate flow from the facility, the operator shall sample and analyze as per 25 Pa. Code 11273.276(a)(1) and (2). 44. The textured Liner must be a nominal 60 mil thick. Documentation must be included in the construction cortlfication from the manufacturer. 43. All manholes and pump stations associated with the leachate collection and detection system must be tined with 60 mil HDPE liner or coated with a chemically resistant material. 46. All sumps and manholes associated with the leachate collection and detection system must be tested to determine the integrity prior to certification of the Constructed cells. Documentation of this testing shalt be included in the certification report. 47. The eormittee shall comply with the fugitive emission standards adopted under t -r 123 regulations (Standards for Contaminants) issued under Air Pollution Control Act, the Act of January 6, 1066, P.L. 21191 35 P.S. 94005 and shall be required to comply with all the applicable sections of the Fugitive Emissions Section# 123.1 and 123.2. :s A. All roadways must be netntained as specified in Form 15 (Air Resources Protection) as submitted. Paved roadways not be flushed with a ' pressurized water truck. If this method of control is deemed to be inadequate, the Department reserves the right to require the use of a vacuum type road sweeper to further control fugitive emissions. Paved N roadways must be maintained so that dust control measures Can be effectively applied or operated. Unpaved .nadways must be treated on an f as needed basis using dust suppressants and water to minimize fugitive dust generation. B. For paved roadways, the following records must be maintained on site and submitted to the Department on a quarterly basis: a 1. Daily log of tine and location of any water flushing or vacuum sweeping conducted. 2. Identification, time, and location Of Any maintenance repairs, patching, or repaving or roads. A i i Page 23 of 3_ .t 4 TOF PENNSYk 41A I DEPJ F ENVH IRONMENTAL RESOURCES SOUTHWEST REGION - FIELD OPERATIONS WASTE MANAGEMENT SOLID WASTE FORM NO. O Penei t For Solid Weste'Disposai and/or Processing Facility 3. A 109 expiaining ;why any water flushing or vacuum sweeping was not performed. C. For unpaved roadways, the following records must be maintained on-site and submitted to the Department on a quarterly basis: 1. A daily log of time and location of treated areas. 2. An identification of dust suppressants used. 3. A tog of dilution ratios of dust suppressants and diluent used if chemical suppressants are used. 4. A purchase record of all dust suppressants used. D. All vehicles which can in contact with uneved roadways must be processed through an operating truck wash Cefore exiting the facility in order to prevent any mud from being tracked ants the approach route(s). E. A presssurized water truck must be available an site to minimize the generation of fugitive dust during landfill construction, filling, or covering operations. F. Vehicle traffic operating within the landfill shall be restricted to a 15 mph speed limit. This limit shall be clearly posted and easily legible along all access routes and be strictly enforced by landfill personai. { G. Within thirty (30) days of issuance of this permit, fugitive dust monitoring using a network of dustfall collectors shall be implemented. The IOcetion of monitoring sites shall be based on a wind rose of the area and be acceptable to the Department. Oustfoll reports shall be submitted to this office on a quarterly basis. The report =it be received no later than thirty (30) days from the end of each calendar r quarter. If review of this data indicates a violation of the Department's•Ambient Air Quality Standards, more sophisticated sampling or monitoring nay be required. H. Once finalized, the permittee must comply with the Departments best available technologyguidelines for the venting and processing or destruction of landfill gas. Page 244 ,. of 35 I : i ' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES SOUTHWEST REGION - FIELD OPERATIONS WASTE MANAGEMENT 30LID WASTE FORM NO. 8 M Permit For Solid Waste Disposal and/or Processing Facility I. Nothing contained her shall relieve the applicants obligation to Comply with any provisions of the Pennsylvania Clean Air Act or the i Departments Air Quality Regulations. These include but are not limited to fugitive emission rpulations contained in 25 Pa. Code Sections 123.1-29 the Department s odor regulations contained 1n 25 Pa. Code Section 123.316 and the ambient air quality standards specified in 25- Pa. Code Chapter 131. 48. The truck wash facility must be constructed and fully operational prior to waste being disposed in landfill section A-1. 49. Prior to placement of the liner system in any of.the phase construction sequences in landfill Area A and 8, the permittee shall install a minimum of 4 piezometers per construction phase (spread equally over the floor of the phase construction area and positioned between the proposed underdraln pi es) to monitor the separation distance between the regional groundwater table and the bottom of the subbase. The piezometers shall be monitored for water level elevations on at least•a bi-weekly basis and during periods of high leachate flow. Prior to liner system placement in any of the phase construction sequences, this process shall be repeated. A plan shall be submitted within s thirty 130) days df issuance of this permit detailing placement, construction, and men toring of-the piezometers (consecutive with how this process wilt be re meted). The psrslttee must maintain the 8.0 toot isolation distance• between the bottom of the subbase and the regional groundwater table as specified in 28 Pa. Code i273.252(b). A report including all groundwater elevations obtained during each phase must be submitted to the Department for review and approval. The report should make recommendations and/or suggest modifications, as necessary, to maintain the 8.0 foot isolation distance. The 0.0 foot isolation distanct must be maintained prior to proceeding with subsequent liner placement. All piezometers shall be removed and properly seated prior to liner placement. 50. Quarterly surface water monitoring should be conducted as per 25 Pa, Code 11273.281 and 273.282(x)(5). Form 19 Quarterly Groundwater Analysis Report must be submitted to the Department on a quarterly, basis starting three months after permit issuance and on an annual basis on the anniversary date of this ipermit for the surafce water monitoring points at the following locations: it Page 26 of 38 i ' 1 i ' COMMMEALTH OF PENNSYLWIA DEP ` ARTMENT OF ENVIRONMENTAL RESBURCE3 SOUTHWEST REGION - FIELD OPERATIONS WASTE MANAGEl1ENT SOLID WASTE FORK N0, 8 Permit For Solid Waste: Disposal and/or Processing Facility 1) MO-1 (Egolf mine'discha 2 ST-2 (Laurel Run.along Gerrney Strip Road) 3 ST-9 Leurei Run'near Shaw home) 4 SW-10 N.E.S. and L highwall discharge) 6 ST-11 Downstream Beaver Dam Run) = 6 ST-12p stream Beaver Dam Run) s 7� MD-13 /2 mine discharge near poute 160) 8 ST-15 Upstream Laurel Run) 1CS outlet structure from unaerdreln systeemm for landfill AArei B 511. Farm 19 Quarterly groundwater Analysts Report must be submitted to the Department on a quarterly basis starting three month after permit issuance and on an annual basis on the anniversary date of this permit for groundwater monitoring wel.is: LANDFILL WELL No. TION GRADIENT POSITION ! W348 B Clarion Shale Side W355M 8 ;Kittanning/Clarion S.S. Up W359 B •ClarioniSShha/}iarlon S.S. Up W40A B ?Kittanning/Clarion S.S. Doprm ? W40u B Clarion Shale Down i W41A B Kittanning/Clarion S.S. Down Clarion Shale 4Klttanntng/Garton S.S. Down W28 Down Clarion Down ngarlon S.S. DownW438 B W44A Clarion Shote Down W443 B Kittanning/Clarion S.S. Down W45A B Clarion Shale* Down { ' W458 Kittanning/Clarion S.S. Dam B Clarion Shale Down 9A B Kittanning/Clarion S.S. Down W423 W46 Clarion Shale Down TP Kittanning/Clarion S.S. Up j i Page _$¢__ of 35 . s ; r COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RE3i X[3 SOUTHWEST REGION - FIELD OPERATIONS WASTE MANAGEMENT :SOLID WASTE FORM NO. a Demi t For Solid Matte;Disposal and/or Processing Facility LANDFILL WELL NO. AREA FORMATION GRADIENT POSITION W39A B Kittanning/Clarion S.S. Down W398 B Clarion Shale Down W29B A Clarion Shale Side W30A A Kittanning/Clarion S.S. Side W308 A Clarion Shale Side W38A A Kittanning/Clarion 5.3, UP W388 A Clarion Smm- mod hale pp W31A B Kittanning/Clarion 3.5, W318 8 'Clarion Shale Dorm W32A B Kittanning/Clarion S.S. Down W32B 8 Clarion Shale Down i1320R B 'Clarion Shale Down j, W93A 8 Kittanning/Clarion 3.S. Down W330 B Clarion Shale Down i W34A B Kittanning/Clarion S.S. Down . W2M A Kittanningp/Clarion S.S. Down WD A Homewood 3.3. Down W20A A Kittanning/Clarion 5.3. Down W21A A Kittanning/Clarion S.S. Down W218 A Clarion Shale Dower W22A A Kittanning/Clarion S.S. Down W229 A Clarion Shale Down W20A A Kittanning/Clarion S.S. Down W268 A Clarion Shale Down W27A A Klttannidg/Clarion S.S. Down W27B A Clarion Shale Down M28A A Kittanning/Clarion S.S. Side W288 A 'Clarion Shale Side W29A A Kittanning/Clarion S.S. Side Page 27 of 38 i Y i ' COMMONWEALTH OF PENNSYLVANIA ' DEPARTMENT OF ENVIRONMENTAL RESOURCES SOUTHWEST REGION - FIELD OPERATIONS WASTE MANAGEMENT SOLID WASTE FORM NO. 8 Permit For Solid Watte '0isposal and/or Processing Facility LEACHATE SENTRY GRADIENT WELL NO. `.FORMATION POSITION WC-1 B Kittanning/Clarion S.S. Up WC-2 B Kittanning/Clarion S.S. Down WC-3 B Kittanning/Clarion S.S. Down WA-1 B Kittanning/Clarion S.S. Up WA-2 a Kittanning/Clarion S.S. Down WA-3 B Kittanning/Clarion 3,5. Down 52. All water wall drilling including but not limited to monitoring wells, replacement water wells and public water supplies shalt be performed by a person licensed by the Pennsylvania Waterwell Drillers Licensing Act of 1956, An oricinal copy of.well records, upon the completion of a well or wells, shall be submitted by the well driller to the Pennsylvania Geologic Survey. 53. Well construction details must be submitted to the Department for review and approval prior to construction. Once approved and the wells are completed, the well toga are to be added to the present Form 6 as submitted to the n•^artmant. Based on submitted data, the Department reserves the right to mine adjustments and modifications as needed to the monitoring system, The Department requests a seventy-two (72) hour notice prior to well construction. 54. All groundwater sampling and analysts reports for organic and inorganic compounds should include in evaluation of the data by appropriate statistical or mathematical mune. This may include control charts, timet series analysis, or other approved methods such as those described in the EPA publication of April 1969 Statistical Analysis of Groundwater Monitoring Data at RCRA Facilities, Interim Final Guidance.. Both trend analysts and comparative statistics shall be explained in a concise statement of meaning by a qualified analyst. Degradation will be daternlned in accordance with Permit Condition No. SS and an assessment plan should be submitted if required per 25 Pa. Code 1273.286. 551. Assessment, under 25 Pa. Code 1273.2669 is required if groundwater degradation is confirmed at any groundwater monitoring point. Groundwater degradation is defined as the unnatural 16crease in concentration of one or more contaminants Page 34„_ of 35 COMMONWEALTH OF ENT PENNSVL.VA�to I DEPARTMOF ENVIRONMENTAL MEilOURCES SOUTHWEST REGION - FIELD OPERRTIONS WASTE MANAGEMENT SOLID WASTE FORM N0. S i Permit For S0114 Waste Disposal and/or Processing Facility In the groundwater above background concentrations for those same contaminants. conditions should be quantified by descriptive statistics (Mean, Standard Deviation, Variance, Maximum, Minimum, ate.) on data from upgradient wells not affaeted by landfill operations as well as pre-operation downgradient monitoring wells. Changes in concentrations of parameters of upgradient wells may indicate that flow patterns were incorrectly defined. This must be evaluated and groundwater flow must be defined to assure proper location of monitoring walls. if the upgradlent area is suspect, a groundwater investigation program should be implemented to define background groundwater quality and flow characteristics. Inorganic constituents for downgradient wells should be evaluated by three techniques: I. Qualitative trend plots and analysis; 2. Statistical comparison to historic background; 3. Comparison of upiradient and downgradient values. i Trend analysis may include techniques such as double exponential mothing to allow for repeated Cycle variation, such as seasonal variation, in determining the overall trend. A statistical comparison method using a running average or -- 411 event evaluation is recommended. Two consecutive quarters of trend increase at statistically significant levels (greater than 95% confidence) shall trigger an assessment of groundwater. Groundwater monitoring for organic compounds shall be evaluated as follows: 1, Detection of two or more compounds at twice the detection level will trigger resampling of that well, 2. Confirmation of the detections by resampling will trigger assessment, Page 29 of 35 ' COMMONWEALTH OF PENNSYLV*A DEPARTMENT OF ENVIRONMENTAL 111E30RCES SOUTHWEST REGION - FIELD OPERATIONS WASTE MANAGEMENT SOLID WASTE FORM NO, 8 Permit For Solid Waste. Disposal and/or Processing Facility 3. An assessment plan shall be submittedas required by regulation 25 Pa. Code 1273.286. The permittee shall follow USEPA CLP (Contract Lab Protocol) functional guidelines for evaluating anaiytical precision of determinations by the laboratory in case of such organic detections. 56. In order to determine whether development and dewatering of the perched soil war'al 111 landfill Area A will affect the recharge to the Lever well and/or pond, the permittee shalt conduct a pump test to determine yield and drawdown unless otherwise approved by the Department. The well and pond shall also be designated as aernenent monitoring points. 57. The permittee shall implement the gas monitoring plan detail on the Phase iI Drawings R43A end R436 in accordance with the schedule proposed in Table 26-1 (Probe Instal 1stion Schedule) of Form 26, Each probe series proposed for a sectional expansion must be installed prior to waste being disposed in the new area. Documentation of the probe completion shall be included to the phased Construction Certification Report. Fora 6, Page 3 shall be used to document probe construction. 58. Methane monitoring shall be performed on A monthly basis. A copy of the results shall be submitted to the addresses in Permit Condition No. 10 by the fifteenth (13th) day of the following month. 59. An active gas extraction system must be installed in landfill Area A and:6 when the total volume of waste disposed of (in each individual area) reaches 1,000,000 tons or in accordance with the schedule proposed in Table 26-2 of the application. If the results of the methane monitoring as required by Permit Condition No. 6e, indicates non-compliance with 25 Pa. Code 1273,292, before the total waste volume reaches 1.000,000 tons, the permittee shall then '�+*mnt the active gas extraction plan detailed in the application within sixty (60) days of submission of the findings to the Department for the ilandfill section in non-compliance, 60. The condensate collected from the gas extraction system shall be analyzed for ignitabllity and the toxicity characteristic leashing procedure (TCLP) prior to discharge into the leachate treatment system, Annual testing shall then be Performed with results included in the Annual Operation Report. Should the Page 30 of 35 a ' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES SOUTHWEST REGION - FIELD OPERATIONS WASTE MANAGEMENT `SOLID WASTE FORM NO. 6 Permit For Solid Waste Disposal and/or Processing Facility test results indicate the condensate to be a hazardous waste, this liquid must be collected, transported off-site, and managed as a hazardous waste in accordance with 26 Pa. Code 1260.1 through 262.70. A copy of the initial results must be submitted to the addresses in Permit Condition No. 10 prior to discharging to the leachate collection system. It. Once installed, air intrusion shall bs prevented at the extraction well heads of the landfiil gas system. Testing shall be performed for percent methane, carbon dioxide, nitrogen, and oxygen and be included with an organic cohstitu- ant test. This test shall be submitted to the Department on a quarterly basis. A plan to minimize air intrusion based on oxygen and nitrogen levels shall be submitted to the Department'within thirty (30) days of start-up of the system. This plan shall include acceptable maximum limits of oxygen and A4&-��4n for the landfill , and correction measures should these values be exeaeded. 62. The permittee must obtain all necessary permits/approvals from Air Quality Management prior to start-up of the flare for the gas extraction system. 63. If during excevatlon of the borrow areas, permit mine drainage is found, the and tratmentlofacid mineNdralnage frommethese approved vborrowfor arreiasLorinp 64. A field demonstration of the soil processing aquipment must be performed in the presence or a representative of the Department. The demonstration shall be to determina acceptable soil recovery rates in percentages. The quality shall be based upon analysis of the processed soil from the borrow areas and landfill areas to verify that the quality can be achieved for each intended soil use. The following information must be included in the report to the Department: A. The procs;sing proced4re. B. Manufactu•ing equipment specifications, C. Processing rate (tons- or cubic yards per day). °areent r:covery rate for each material. Page 31 of 35 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES SOUTHWEST REGION - FIELD OPERATIONS WASTE MANAGENENT SOLID WASTE FORM NO. Permit For Solid Waste Disposal and/or Processing Facility •64. A field demonstration of the soil processing equipment (Eagle crusher) must be performed In the presence of a representative of the Department. The demonstration shall be to determine acceptable soil recovery rates in ' percentages. The quality ihall be based upon analysis of the processed-soil . from the borrow areas and landfill arae to verify that the quality can be -- achieved for each intended4oil use. - The following information must be included in the report to the Department: A. The processing procedure. 8. Manufacturing equipment specifications. C. Processing rate (tons or cubic yards per day). D. Percent recovery rate for each, material. E. Adjusted available soil volume calculation. *borator.✓ classification: I U.S.D.A. Soil Classification for cover 101:6.2� Unified Soil Classification for non-cover soil. G. Official soil description of coal content (%) and coarse fragment size and content (%). Processed soils cannot be used for construction or other operations until the report on :he processed soil demon4tration is approved by the Department in writing. 66, If the soil processing operation falls to achieve the predicted or the demonstrated racovery rates or fails to achieve the necessary quality to the extent that additional soil borrow areas must be soughtt then a major permit modification shall be required for the additional borrow areas. 66w The soil processing unit approved for use at this landfill must obtain a General Source Pe:mit from the Department's Air Quality Management Office prior to opera•a on of the unit. Page J.L. of 35 a COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRNTAL RESOMN:ES SOUTHWEST REGION - FIELD OPERATIONS WASTE MANAGEMENT . SOLID WASTE FORM NO. 8 Permit For Solid Waste Disposal and/or Processing .Facility 67. rI."., 011arinQ capacity on the landfill and leachate impoundment subbase shalt be implemented in accordance with ASTMO-4429-84. Bearing capacity shalt be daternlned by taking the corrected instrument dial reading and directly calculating the bearing capacity as follows: Correctad dial reading lb . lbs/ft2 Penetration probe IN2 The quality assurance plan and Table i Summary shall be revised to require ASTMO-4429-84. Revisions to the Plan must be submitted to the Department within ten (10) days of permit issuance. 68s The compaction of Carron fill, subbase, and berms for the landfill and leachate impoundments small most 987E modified proctor. The quality control certification required under 28 Pa. Code 1273,203 must show that the above design components not 967E modified proctor: The permittee shall submit. revisions to Table 1 of the Quality Assurance Plan as indicated by this condition. Revisions shall be submitted to the Department within ten (10) days of permit issuance. 696 The Quality Assurance Plan, Table to lift depth. cheek acceptance criteria for the Subbase, common fill, and berm shall read: 'Design grade elevation& indicated by the approved plan drawings.* The permittee shall submit --- '-'-:^3 to Table 1 of the Quality Assurance Plan as indicated by this condition. Revisions shall be submitted to the Department within ten (10) days of permit issuance. 70. The following vroteetive cover gradation specifications shall be required: —7727 j To Sin 3/8" 86-100 No. 4 10-30 No. a 0-10 No. 16 0-6 No. 200 0-2 Page 33 of 35 I i • COMMONWEALTH OF -PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES SOUTHWEST REGION - FIELD.OPERATIONS WASTE MANAGEMENT SOLID WASTE FORM N0. 8 Permit For Solid Waste. Disposal and/or Processing Facility The Quality Assurance Plan. Table 1 and Narrative sections of this Plan shall be revised to indicate the above gradation specifications. The revisions to the Quality Assurance Plan shall be submitted to the Department within ten (10) days of permit issuance. 73. Borrow Area Q is not approved by this permit. •it shalt be deleted from the apyrupriate tans. RCC shall submit revised drawings and forms showing this deletion within thirty (30) days from issuance of this permit. 72.. The following generic waste streams areaapppproved for disposal in Resource Conservation Corporation Municipal Landfills A. Wastewater treatment plant residue (savage). Unless otherwise stipulated by the Department, the sewage sludge characterization and disposal shall not the requirements, stated in Procedures for the Characterization and Disposal of Sawage Sludge. B. Asbestos nce with the conditions statedsin' P�rocedures ich fortthe Maannagged ementnofcAsbiftos Containing Wasts(s) (ACM). C. Petroleum contaminated soil described in Module NO. i Application No. MM01295 which shall be managed in accordance with the procedures stated in Procedures for the.Nanagement of Petroleum Contaminated Soils and Cleanup Materials for Sanitary Landfill Disposal. D. Water trestment plant residue (municipal)• described in Module No. 1 Application No. MN01294* i e. water treatment plant residue (industrial) described in Module No. 1 Application No. MN01293. F. Foundry waste described in Module No. 1 Application No. MN01289, I G. Ftyash/bottom ash described in Module No. i Application No. MN01290. H. Refractory waste described in Nodule No. i Application Na. MN01291. I. Rubber waste described in Module No. 1 Application No. MNO1292. Page 34 of 35 i ,1 �I - COMMONWEALTH OF PENNSTLVAMIA DEPARTMENT OF ENVIRONNENTAL RESOURCES SOt1TNWEST REGION - FIELD OPERATIONS WASTE KW09NW SOLID WASTE FORK NO. 6 Permit Solid Waste Disposal and/or Processing Facility 73. In addition to other approved municipal and residual waste, certain municipal wastes) and r•isidual write. Mbe disposed without a Nodule No. I approval provided there is compliance with the Conditions statedy in Procedures Management of :imall Quantity Waste(s), for the I� 1 I P49e _ of 38