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HomeMy WebLinkAboutConstruction Material & Demolition Haul and Disposal (2) O�og FFO(,� JUDITH T. TERRY �� 'y�� Town Hall, 53095 Main Road TOWN CLERK y = P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O � � Fax(516) 765-1823 1 MARRIAGE OFFICER �y�0 a0� Telephone (516) 765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1 , 1997 Dear Bidder: Please replace Page 44 in your bid packet for Solid Waste Haul Disposal Services with the enclosed Page 44. Thank you. Town of Southold I cents ($ ). (C3) The Haul-Disposal Service applicable unit price per ton for agreement year 2000-2001 is dollars and cents ($ ). (C4) The Haul-Disposal Service applicable unit price per ton for agreement year 2001-2002 is dollars and cents ($ ). (C5) 3.2 EVALUATION UNIT BID PRICE FORMULA Evaluation Unit Bid Price = (C1)10 000+(C2)10 000+(C3)10 000+ 5(C4)10.000+.5(C5)10.000 40.000 tons Evaluation Unit Bid Price = $ The evaluation unit bid price formula is designed to evaluate years four and five at .5 the evaluate of each of the first three (3) years. Bidder: Firm-Corporation Address By: Authorized Representative Date 44 BIDDER'S SOLICITATION CONSTRUCTION MATERIAL AND/OR DEMOLITION DEBRIS (C & D) HAUL AND DISPOSAL SERVICES AGREEMENT DOCUMENTS TOWN OF SOUTHOLD STATE OF NEW YORK TOWN OF SOUTHOLD Prepared by: Solid Waste Task Force Technical Committee 53095 Main Road Southold, NY 11971 May, 1997 NOTICE TO BIDDERS CONSTRUCTION & DEMOLITION DEBRIS (C&D) HAUL-DISPOSAL SERVICES The Town of Southold will receive sealed bids for construction and demolition debris haul-disposal services until the time and at the location herein specified which will then be opened and publicly read aloud; PLACE: Office Of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 (516) 765-1800 DATE: Thursday, May 22, 1997 TIME: 1:00 P.M. EDST (LATE BIDS WILL NOT BE OPENED) The offer to be made in accordance with this Bid Solicitation shall include a bid on the following: A bid price per ton, to provide equipment and labor for hauling construction and debris and disposing construction & demolition debris at the Contractor's Construction & Demolition Debris Disposal Site. The term of this Agreement shall be three (3) years commencing on July 10, 1997. The Town, at its sole discretion, shall have the option of renewing the Agreement for two additional one year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term. Bids must be made in writing on the forms furnished and shall be accompanied by a Bid Guaranty in the Form of certified check, money order, bank draft or standard form letter of credit made payable to Town of Southold, or bid bond, in the sum of one hundred thousand dollars ($100,000.00) wherein the named obligee shall be the Town of Southold. The successful Bidder shall be required to furnish a performance Bond, and insurance in accordance with the instructions in the Bid Solicitation. 2 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 1:2, 1997 at: Southold Town Hall 53095 Main Road Southold, New York 11971 All bidders are encouraged to inspect the Southold Town Transfer Station prior to the bid conference. Appointments to do so may be scheduled by calling James Bunchuck at (516) 734-7685. Judith T. Terry Town Clerk For further information regarding bidding requirements, contact Judith T. Terry (516) 765-1800. For information regarding Town Of Southold waste program and haul- disposal operations, contact James Bunchuck (516) 734-7685. 3 TABLE OF CONTENTS GLOSSARY OF TERMS 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 Term of Agreement 22 19.0 Service Agreement 22 20.0 Subcontracts 22 21 .0 Rights and Options 23 SECTION 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 5.2 Loading Mode 28 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 HAUL/DISPOSAL 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 SECTION D - APPENDICES Appendix A Sample Operating Agreement Appendix B New York State Department of Environmental Conservation Permit Appendix C Accident Report Appendix D Town of Southold SWMP (Executive Summary) Appendix E Town of Southold Overview of Transfer Station Operations s 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 at seq., or "hazardous substance" as defined under the comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et sec., or "hazardous waste" as defined under New York Environmental Conservation Law Section 27-0901 at seg., as each such law may be amended from time to time, and the regulations promulgated thereunder, and any analogous or succeeding Federal, state or local law, rule or regulation and regulations promulgated thereunder and (2) any other material which any governmental agency or unit having appropriate jurisdiction shall determine from time to time cannot be processed at the facility because it is harmful, toxic or dangerous. NOTICE OF AWARD - Shall mean written notice from the Town of Southold to the successful Bidder that the Town of Southold intends to award an Agreement to the successful Bidder, subject to compliance with all their terms and conditions of the Agreement Documents. NYSDEC - New York State Department Of Environmental Conservation. OSHA - Federal Williams-Steiger Occupations Safety & Health Act of 1970, plus subsequent revisions. GLOSSARY - 2 8 OWNER - Shall mean the Town Of Southold, New York. Also may be referred to as the Town. PERMIT - Shall mean any and all permits, licenses, approvals, certificates of public convenience and necessity, Franchises or authorizations which must be issued by any Governmental Body having jurisdiction thereof to legally enable the Contractor to transport and/or dispose Of construction and demolition debris. PERMITTEE - Shall mean any person issued a valid permit to haul construction and demolition debris or to construct, establish, maintain or operate a construction and demolition debris Disposal Site. RCRA - Resource Conservation Recovery Act (Federal). SOLID WASTE - Shall mean all putrescible and non-putrescible materials or substances, including but not limited to garbage, refuse, rubbish, ashes, agricultural wastes, and offal. (Solid Waste does not include C&D waste, recyclables, hazardous, or infectious waste). SOLID WASTE DISPOSAL SITE(S) - Shall mean any site designated by the Contractor where solid waste is disposed of in a manner that minimizes environmental hazards and Is permitted under the design and operation requirements of 6 NYCRR Part 360 - Solid Waste Management Facilities, or alternatively outside of the State of New York, is permitted under design and operation requirements meeting the requirements of 1) that jurisdiction's applicable regulatory agency and 2) Town of Southold's minimum standards. Also may be referred to as Disposal Site(s). SUBCONTRACTOR - Shall mean an individual, firm or corporation having a direct contract with the Contractor for services, equipment, materials and/or labor. GLOSSARY - 3 9 SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS, AND AWARD BASIS 10 SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS AND AWARD BASIS 1 .0 PROJECT PURPOSE The Town of Southold expects that it will receive and need to dispose of approximately 5,000 tons of construction material and/or demolition debris during the agreement year. It is possible that the Town of Southold will contract with another town to receive and dispose of their construction material and/or demolition debris. If this happens the quantity of wastes to be hauled and disposed of under this Agreement will increase. This Bid Solicitation will ensure Town of Southold's construction and debris will continue to be 1) hauled From the Town of Southold Transfer Station to Disposal Site(s) and 2) disposed of at permitted Disposal Site(s). 2.0 SCHEDULE The schedule below is an estimate of the time period leading up to the commencement of the Agreement. Its intent is to provide each Bidder with an idea of when certain events may occur. The dates given are guidelines and should not be construed as firm dates or deadlines due to the multiple parties involved in the decision making process. EVENT DATE Transfer Station Visits By Appointment Pre-Bid Conference May 12, 1997 Bid Opening May 22, 1997 Town Board Approval June 3, 1997 Agreement Executed On or Before June 25, 1997 Operations Commencement July 10, 1997 it 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 Summant 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 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 Bidder's operational capability of useful life of the Disposal Sites. iii. Subcontractors: If the Bidder intends to use one or more subcontractors to complete any portion of the work, the Bidder must so indicate this intent in its Bid. The Bidder is advised that any Agreement awarded will be contingent upon the use of the subcontractor(s) so identified. In the event that the Bidder desires to change the number or identity of such subcontractor(s), the proposed change must be: submitted to the Town for approval. No such change shall be made without the Town's approval. In addition, it is the policy of the Town of Southold to encourage the participation of Minority Business Enterprises (IMBE'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 :hall 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 Office of the Town Clerk Town of Southold 53095 Main Road Southold, New York 11971 Bids received prior to the time of opening will be kept securely unopened. No bid received thereafter will be considered. 6.1 Withdrawal of Bids Any Bidder will be given permission to withdraw its Bid upon receipt of a properly notarized written request made no later than the time set for opening. At the time of opening of the bids, if such Bid is included, it will be returned to the Bidder unopened. No bid may be withdrawn after opening until execution of the Agreement or rejection of all bids as provided herein. 6.2 Questions & Addenda All questions about this Bid Solicitation must be submitted in writing to the following: Town Clerk Town of Southold 53095 Main Road Southold, New York 11971 No alterations to this Bid Solicitation will be considered valid unless in writing and issued as Addenda. All such addenda shall become part of the documents and all Bidders shall be bound by such addenda, whether or not received by the Bidders. All questions must be received at least ten (10) calendar days before bid opening in order to be answered. It shall be the Bidder's responsibility to make inquiries concerning any addenda issued. All addenda will be on file at the Town Clerk's office at least twenty-four (24) hours before bids are opened. The Town will not be bound by oral clarifications. 7.0 BID GUARANTY Each Bid must be accompanied by a bid guaranty (Section C, Schedule 5.0.K), without condition or qualification, which shall be in the sum of one hundred thousand dollars ($100,000.00). 16 The guaranty may be certified check, bank draft, money order, standard form irrevocable letter of credit, or a bid bond in the form attached. The bid bond shall be secured from a surety company authorized to do business in the State of New York as a surety. No Bid will be considered unless it is accompanied by the required guaranty, certified check, money order or bank draft must be; made payable to the order of the Town of Southold. The bid bond shall name the Town as the obligee. Cash deposits will not be accepted. The bid guaranty shall ensure the execution of the Agreement and the furnishing of the surety bond or other required bonds by the successful Bidder, all as required by the Agreement Documents. All guaranties will be returned within ten (10) days after the execution of the Agreement and required bonds, insurance and other Agreement Documents are received from the successful Bidder. 8.0 EXECUTION OF AGREEMENT, FURNISHING OF BONDS The successful Bidder, or its legally authorized representative, shall be required to appear in person within ten (10) days of the Notice of Award by the Town at the place and time designated by the Town to execute the Agreement and other Agreement Documents for Haul/disposal services. The successful Bidder shall, at its own cost and expense, procure, execute and deliver to the Town the following documents within ten (10) days of formal Notice of Award by the Town. Performance Bond - A Performance Bond shall be in an amount of one million dollars ($1 ,000,000.00). This bond (as shown by example in Section C, Schedule 5.01), shall be maintained at the Contractor's own expense for the term of the Agreement. Failure or refusal of the successful Bidder to execute and/or deliver such bond within the time designated, shall constitute a breach of such Bidder of the Agreement created by the Town's acceptance of the bid. In such event, the Town may determine that such Bidder has abandoned the Agreement and the Town shall be entitled to take action for any and all damages it may suffer as the result of such breach. The Town's rights in this regard shall include but not be limited to a claim against the bid bond provided. The Town specifically reserves any and all other rights against the Contractor as a result of his failure to perform as required by these documents. 9.0 CONSIDERATION OF BIDS The Town of Southold reserves the right to reject any/or all bids for haul and disposal services if such action is deemed to be in the best interests of the Town. To be considered responsive to this Bid Solicitation, each Bidder shall: 17 A. Provide equipment, labor, maintenance and management services to haul and dispose of construction and debris from the Town of Southold Transfer Station to Contractor designated Construction and debris Disposal Site(s) as set forth in Section 8 - Bid Specifications. B. Reserve and provide a minimum available capacity of 15,000 tons (52 weeks/year) yearly, allowing for seasonal and other peak periods. C. Provide evidence of all current valid state and Federal permits, licenses, local ordinances, etc., required by law to receive construction and debris at the designated Disposal Site(s). D. Provide evidence of physical and financial capability to perform services described in the bid specifications. 10.0 SELECTION OF CONTRACTOR Bids will be evaluated only if accompanied by the approved form of bid guaranty. Only bids solicited from firms or combinations thereof, who have sufficient management, engineering capabilities, operating, and maintenance experience to fulfill the Town's goals and comply with the applicable local, state, Federal laws, ordinances, regulations, e.g. New York State Department of Environmental Conservation, Resource Conservation Recovery Act and Federal Environmental Protection Agency guidelines will be accepted. The Town will review the bids and make a selection recommendation based on the evaluation criteria included in this Bid Solicitation or take such other action as it deems in its best interest. Any agreement awarded hereunder will be to the responsible Bidder whose Evaluation Unit Bid Price is the lowest. The Town of South6d reserves the right, in its sole discretion, to reject all bids submitted in response to this Bid Solicitation. 11.0 ACCEPTANCE OF BID The acceptance of a Bid will be a Notice of Award signed by a duly authorized representative of the Town, and no other act of the Town shall constitute the acceptance of a Bid. The acceptance of a Bid shall bind the successful Bidder to execute the Agreement and other Agreement Documents. 12.0 ASSIGNMENT The successful Bidder to whom any Agreement shall be let, granted, or awarded shall not assign, transfer, convey, sublet, or otherwise dispose of the Agreement or of his right, title, or interest therein or his power to execute such Agreement, to any person or corporation without the prior written consent of the Town. 18 13.0 LIMITATION OF FUNDS AVAILABLE The Contractor specifically agrees that any Agreement shall be deemed executory only to the extent of the funds appropriated for the purpose of the Agreement and that no liability shall be incurred by the Town beyond the: funds appropriated on the date of execution of the Agreement by the Town for the said purpose. 14.0 INSURANCE AND BONDS 14.1 Insurance For the period from Agreement commencement: date until one (1) year after Agreement termination date, Contractor must maintain insurance acceptable to the Town in the kinds and amounts set forth below. All such insurance coverage shall be provided by companies licensed to do business in New York State and the state in which the Disposal Site(s) is (are) located. The Town of Southold and its agent shall be named as an additional insured and coverage shall not be changed or cancelled until thirty (30) days written notice has been given to the Town. Within ten (10) days of the Notice of Award, Contractor shall furnish to the Town, certificates of insurance, in a form satisfactory to the Town Attorney, evidencing such insurance. The kinds and amounts of insurance are as follows: A. Contractor's Insurance - Insurance for liability for damage imposed by law of kinds and in the amounts hereinafter provided covering all work under the Agreement, whether performed by Contractor or his subcontractors. The kinds and amounts of insurance are as follows: (1) Worker's Compensation Insurance - A Policy covering the operations of the Contractor in accordance with the provisions of Chapter 41 of the Laws of 1914 as amended, known as the Worker's Compensation Law, covering all operations Of the Contractor, whether performed by him or by his subcontractors. The Agreement shall be void and of no effect unless the person or corporation making or executing same shall secure compensation coverage for the benefit of, and keep insured during the life of said Agreement such employees in compliance with provisions of the Worker's Compensation Law. (2) General Liability (Comprehensive Form) Insurance - Contractor's liability insurance issued to and covering legal liability of the Contractor with respect to all work performed by him under the Agreement. The following insurance coverage shall be included: 19 (a) Independent Contractor's Protective Liability - Covering work performed by subcontractors. (b) Completed Operations or Product Liability. (c) Contractual Liability. (d) Broad Form Property Damage. (e) Personal Iniury. NOTE: If any of the rating classifications embody property damage exclusions C or U, coverage for eliminating such exclusions must be provided. Coverage for the above will be required in not less than the following amounts: SINGLE LIMITS OF LIABILITY: $ 1,000,000.00 AGGREGATE LIMITS OF LIABILITY: $10,000,000.00 (3) Automobile Liability Insurance - Policy shall include coverage for all owned as well as non-owned and hired vehicles, and limits shall not be less than the following amounts: BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY Aggregate: $3,000,000.00 Aggregate: $3,000,000.00 Each Person Each Occurrence Each Occurrence $1,000,000.00 $1,000,000.00 14.2 Bonds Prior to the execution Of the Agreement, the successful bidder shall furnish to the Town a Performance Bond wherein the named obligee is the Town of Southold. The Performance Bond's purpose is to secure the faithful performance of the Agreement. The bond amount shall be set forth in Section A-8.0. The bond shall be executed by a surety company approved by the Town authorized to do business in the State of New York and with an office or representative in Suffolk County, New York. The form shall be acceptable to the Town of Southold and shall have a term through the completion of services. As an alternative to the Performance Bond, the successful Bidder may furnish a certified check, bank draft, money order, or a standard form irrevocable letter of credit, certified check, bank draft or money order must be made payable to the order 20 of the Town of Southold. The standard form irrevocable letter of credit shall be in a form acceptable to the Town of Southold. In the event the Contractor secures a Performance Bond from any of its subcontractors, said bond shall also name the Town of Southold as a dual obligee. Should the Town designate another public or private gent of contract administrator, the same or others shall be added as additional named obligee at no added costs to the Town, upon written request from the Town. 15.0 INDEMNITY (HOLD HARMLESS) Contractor shall agree to defend, indemnify and save harmless the Town against any and all liability, loss, damage, detriment, suit, claim, demand, cost, charge, attorney's fees and expenses of whatever kind or nature which the Town may directly or indirectly incur, suffer or be required to pay by reason of or in consequence of the carrying out of or the performance of the terms of such Agreement, or the failure to carry out any of the revisions, duties, services or requirements of such Agreement, whether such losses and damages are suffered or sustained by the Town directly or its employees, licensees, agents, engineers, citizens or by other persons or corporations, including any of the Contractor's employees and agents who may seek to hold the Town liable therefor. This indemnity shall include any and all claims, penalties or other losses or damages incurred by the Town as a result of enforcement or other proceedings by Federal, state or local government agencies relating to Contractor's Disposal Site(s) operation. This obligation shall be ongoing, survive the term of the Agreement and include, but not be limited to, claims concerning non-sudden environmental impairments. The Bidder agrees to join in the commencement of any action or proceeding or in the defense of any action or proceeding which in the opinion of the Town constitutes actual or threatened interference or interruption with the Town's rights hereunder, including all necessary appeals which may be necessary, in the opinion of the Town. 16.0 PAYMENTS Contractor shall receive monthly payments for services performed during the prior calendar month upon submission of an invoice (with a Town voucher) that shall contain an itemized list of construction and debris haul trips from the Town of Southold Transfer Station including the tonnage of construction material and/or demolition debris and the manifest number for each load of construction and debris removed. Such payments shall be made within sixty (60) days of the Town's approval of Contractor's invoice. Contractor's monthly invoice shall include a daily summary of tonnage received by Contractor at the Transfer Station. The Town shall be entitled to 21 deduct from any payment owing to Contractor any sums expended by the Town to cure any default or other non-compliance by Contractor. 17.0 DEFAULT In the event the Contractor fails to perform its obligations under the Agreement, the Town may terminate such Agreement, and the Town may procure the services from other sources and hold the Contractor responsible for any excess costs incurred and deduct from payments owing to the Contractor and/or draw upon the Performance Bond as full or partial reimbursement for such excess costs. The Town reserves the right to terminate the Agreement for just cause. 18.0 TERM OF AGREEMENT The term of this Agreement shall be three (3) years commencing on July 10, 1997. The Town, at its sole discretion, shall have the option of renewing the Agreement for two (2) additional one (1) year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term. 19.0 SERVICE AGREEMENT The Contractor shall be obligated to provide the Town with disposal services without regard to the permit status of its Disposal Site. In the event that Bidder wishes to submit a bid for a Disposal Site for which Bidder does not currently have all necessary federal and state permits, Bidder shall, at its sole risk and expense, be responsible for obtaining and/or renewing its permits or providing to the Town an alternate Construction and debris Disposal Site at no additional cost (disposal plus any additional hauling) to the Town. This is a full service Agreement and failure of the successful Bidder to provide the identified Disposal Site or acceptable alternative Disposal Site, on or after the commencement 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 (2) require the Disposal Site Contractor to furnish to Contractor and the Town a performance bond guaranteeing the availability of the Disposal Site throughout the term of the Agreement; (3) require the certificates Contractor to provide insurance naming the Town as additional insureds on all policies maintained by Contractor. 21.0 RIGHTS AND OPTIONS The Town of Southold, New York, reserves and holds at its discretion the following rights and options upon issuing this Bid Solicitation: 1 . To award an Agreement to the candidate whose bid is judged to be the lowest responsible bid pursuant to Section 103 of the General Municipal Law of the State of New York. 2. To reject any and/or all bids. 3. To issue subsequent bid solicitations. 4. To issue additional and subsequent solicitations for statements of qualifications, and conduct investigations or interviews with respect to the qualifications of each Bidder. 5. To designate another public body, private or public agency, group, or authority to act in its behalf for evaluation and Agreement negotiations. 6. To designate another public body, private or public agency, group, or authority to act in its behalf for contract administration of this project at any time during the Agreement period. 23 SECTION B BID SPECIFICATIONS TECHNICAL/MANAGEMENT 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 frorn 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 reliable hauling and disposal of the construction and demolition debris from the Town Of Southold Transfer Station at minimum cost to the citizenry. It is also the objective of the Town of Southold to ensure that the 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 hauling 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. hat: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 without violating applicable law. It shall meet the design, construction and operating requirements of all applicable laws in the jurisdiction where the disposal site is operating. 32 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. All weights will be generated on current certified weigh scales. In the event of any dispute over differences in net weights between the Town and Disposal Sites scales and weight records, the Town may make payment 33 upon the weight it deems to be most correct, until the dispute is reconciled. Any claims for differences must be filed in writing within sixty (60) days of occurrence or the Town's calculation shall be deemed final and binding between the parties. 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 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 sectiions 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 which have been quoted in this bidhave not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder or to any competitor. c. No attempt has been made nor will be made by the Bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. 2. The undersigned also declares that it has or they have carefully examined the Bid Solicitation requirements and sample operating agreement and that it has or they have personally inspected the actual location of work, together with the local sources of supply, has or have satisfied itself or themselves as to all the quantities and conditions, and waives all rights to claim any misunderstanding, omissions or errors regarding the same which such inspection and observation would have disclosed. The undersigned further understands and agrees that it is or they are to furnish and provide in return for the respective Evaluation Unit Bid Price, all the necessary materials, machinery, vehicles, implements, tools, labor services, and other items of whatever nature, and to do and perform all work necessary under the aforesaid conditions, to complete operations of the aforementioned 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$100,000.00 for any option or combination thereof. In the event this proposal is accepted, and the undersigned fails, within ten (10) calendar days after date of receipt of Notice Of Award from the Town to execute and deliver an Agreement in the form provided by the Town or fails to execute and deliver evidence of proper insurance coverage and performance bond in the amounts required and in the prescribed form within ten (10) days after Notice of Award, the bid guaranty shall be forfeited and be retained by the Town toward the satisfaction of liquidated damages and not as a penalty. Otherwise, the total amount of bid guaranty liquidated will be returned to the Bidder. 4. The undersigned acknowledges the receipt of the folllowing addenda, but it agrees that it is bound by all addenda whether or not listed herein and whether or not actually received, it being the Bidder's responsibility to receive and have knowledge of all addenda. 41 ADDENDUM NUMBER AND DATES Number 1 - Dated: Number 2 - Dated: Number 3 - Dated: Number 4 - Dated: Number 5 - Dated: 5 The Bidder has completed the Contract Bid Form and Unit Price Schedules in both words and numerals in accordance with these bid requirements. 3.0 UNIT PRICE BID SCHEDULE CONSTRUCTION AND DEBRIS HAUL-DISPOSAL SERVICES SOUTHOLD TOWN, NEW YORK 3.1 COMPENSATION The undersigned hereby submits the following price bid to furnish Construction and Debris Haul-Disposal Services, to Southold Town, New York for the terms July 10, 1997 through July 9, 2002. HAUL-DISPOSAL SERVICES The Haul-Disposal Service applicable unit price per ton for agreement year 1997-1998 is dollars and cents ($ ). (Cl) The Haul-Disposal Service applicable unit price per ton for agreement year 1998-1999 is dollars and cents ($ ). (C2) 42 The Haul-Disposal Service applicable unit price per ton for agreement year 1999-2000 is dollars and cents ($ ). (C3) The Haul-Disposal Service applicable unit price per ton for agreement year 2000-2001 is dollars and cents ($ ). (C•4) The Haul-Disposal Service applicable unit price: per ton for agreement year 2001-2002 is dollars and cents ($ ). (C:5) 3.2 EVALUATION UNIT BID PRICE FORMULA Evaluation Unit Bid Price = (Cl)10,000+(C2)1 0,000+(C3)10,000+(C4)10,000+.5(C4)10,000+.5(C5)10,000 40,000 tons Evaluation Unit Bid Price = $ The evaluation unit bid price formula is designed to evaluate years four and five at .5 the evaluate of each of the first three (3) years. Bidder: Firm-Corporation Address By: Authorized Representative Date 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: Name of Bidder: Address of Bidder: By: Signature Title Corporate Seal (If a Corporation) Incorporated under the laws of the State of Names and addresses of officers of the corporation: (President) Name Address (Secretary) Name Address (Treasurer) Name Address (If an individual or partnership) Names and addresses of all principals or partners INFORMATION SCHEDULE A Town of Southold Bid Project C&D Haul - Disposal Services This Bidder herein certifies that as a (Bidder ' s legal name) Bidder , it does not currently owe delinquent taxes or other outstanding funds , or having pending or currently involved in any litigation involving the Town of Southold , State of New York . Name of Bidder : By ` -------------- Date! — --- (Authorized ate' ------- (Authorized Sicnature) NOTE: (1 ) If blank not applicable , fill in with N/A (2) If bidder owes the Town taxes or is involved in any litigation, a statement of ex_'_anat<cn will be attached hereto . Tax/Litigation Certification Schedule S .O .A BID (PROPOSAL) FORM INFORMATION SCHEDULE B Town of Southold Bid Project C&D Haul - Disposal Services The following is information on the undersigned Bidder 's cF ice locations : Bidder ' s Parent Bidder 's Main OFFice Corporation Main Office Manager 's Name (Contact) Manager ' s Name (Contact) Firm ' s Legal Name Parent --i—m's Legal Name Street Address (Box Numbers) Street Address (Box Num';ers) City State Zip City State Zip Telephone Number Telephone Number The Bidder herein certifies that the Firm is partially/wholly owned subsidiary or Parent Firm This is owned— Parent wned_Parent Firm By —or is a public/private stock corporation . Bidder OFF_ce Locations/Ownership Schedule 5 .0 . 3 Certification Pace 1 OF 2 BIO (PROPCSAL) FORM - 7NF7INf A!1 1N SCHE'DOLP B, - '�ontinLie,C Name of Bidder : Bg : --- — Date: _-- -- Note: 1 ) any attachments or modifications to this Form shall be labeled Schedul= 5 . 0 . E , and be property integrated into the Bid Form . :2) IF blank not applicable , Fill in with N/A Bidder OFF, Ce Locar17n'Owner-hij, OertiFication Page 2 or 2 BIO (PROPOSAL) FORK r. INFORMATION SCHEDULE C Town of Southold Bid Project C&D Haul-Disposal Services This is identification that will be the Surety Company for the Bidder, on this project and that the named Surety Company herein provides written certification that the named Surety Company will provide the Performance Bond, specified in the Contract Documents , in the event the Bidder enters into an Agreement with the Town . The Surety Company herein certifies that such Company is licensed to do business in the State of New York . U .S . ) Principal (Seal ) Surety Company By : Surety Verification Schedule S .O .C. BID (PROPOSAL) FORM 77 INFORMATION SCHEDULE D Town of Southold Bid Project C&D Haul - Disposal Services The Bidder herein certifies that the below named individuals are the current registered corporate officers, along with their current permanent addresses, and designates their authority to execute an Agreement on behalf of the Firm Officer 's Name 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 Title Address Address City City State, Zip State, Zip_ Officer 's Name Officer 's Name Subsidiary Parent Corporate Title Corporate Title Address Address City City State, Zip State, Zip_ Current Corporate Officers Schedule c� . O . D BID (PROPOSAL) FORM Page 1 of ? INFORMATION SCHEDULE D - (Continued) Officer ' s Name Officer 's Name Subsidiary Parent Corporate Title Corporate Title Address Address City City State, Zip State, Zip_ Name of Bidder: Corporate By : Seal Date: NOTE: if blank not applicable, fill in with N/A ,_enr Corporate Officer Schedule 5 . 0 .0 B:D (PROPOSAL) FORM Page 2 of 2 r� INFORMATION SCHEDULE F Town of Southold Bid Project C&D Haul - Disposal Services STATEMENT OF BIDDER 'S FINANCIAL CONDITION 1 . This Bidder agrees to provide for any subsidiary and parent Firm, and hereto attaches a current or the most recent Audited financial Statement(s) including as a minimum the Firms opinions, notes, revenue/expense statements, conditions of cash, etc . The attached statement provided includes: Accounting Firm Name Address Financial Period To Statement Date 2 . The bidder certifies that he currently has an available line of credit in the amount of 5 A supporting documentary evidence attached to this form is supplied by : Name Address Date 3 . The undersigned Bidder certifies to the validity of statement and agrees to furnish any other information upon request that may be required by the Town of Southold, New York . Bidder ' s Financial Condition Schedule 5 .0 . E BID (PROPOSAL) FORM Page 1 of 2 INFORMA-ION SCHEDULE E - (continued) u . The undersigned hereby authorizes and requests any person , firm or corporation to furnish any information requested by Town of Southold, New York in verification of the firms Financial condition. Dated at This_ day of , 199'f Name of Bidder Title State of New York , County of being duly sworn deposes and says that he 'ltle Name of Organization and that the answers to the foregoing questions and all statement therein contained are true and correct . Sworn to me t .ls day cf Igou . Notary Public My Commission expires NOTE: (1 ) (Bidder may submit additional information if desired as Schedule E attachments . ) (2) If blank not applicable, fill in with N/A Bidder ' sFinancial C' ' •^ Fin n ndiiv Schedule 5 ,0 ,E' BID (PROPOSAL) FORM Page 2 of 2 INFORMATION SCHEDULE Town of Southold 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 . To substantiate these qualifizations, the Bidder offers the following related information and references in order that the Town may evaluate the Bidder ' s qualifications and experience , 1 . S_dder 's Legal Name: 2 . Business Address: _ Street City State Zio 3 . State incorporated: Year incorp . µ . New York State; Business License No . : S . No. years in contracting business under above name: rs . 6 . Has firm ever defaulted on a contract? Yes No 7 . Gross Value - work under current contract : $ B . Number of Current Contracts : 9 . Brief description general work performed bg firm: Qualiflcations Summary Schedule S .O .F BID (PROPOSAL) FORM Page I of `t INFORMATION SCHEDULE F - (Continued) 10 . Has firm ever failed to complete work awarded? Yes— No_ If yes, attach support statement as to circumstances . 11 . Related Experience Reference Cwithin previous S years) 11 . 1 Project Title: Owner 's Name: Address : Engineer: Address: Project Initial Start Date: Project Acceptance Date: _ initial Bid Value: 5 Final Complete Pro +.ect Value: S Brief Project Description: 11 . 2 Project Title: Owner ' s Name: Address: Engineer: _ Address: Project Initial Start Date: Project Acceptance Date: _ Qualifications Summarg Schedule 5 .0 -F BID (PROPOSAL) FORM Page 2 of 11 INFORMATION SCHEDULE F - (C:ontlrnr•:;d::l Initial Bid Value : $ Final Complete Project Value: $ Brief Project Description: 11 . 3 Project Title: Owner 's Name: Address: Engineer: Address: Project Initial Start Date: Project Acceptance Date : _ Initial Bid Value: $ Final Complete Project Value: S Brief Project Description: Qualifications Summary Schedule S .O .F BID (PROPOSAL) FORM Page 3 of Lt INFORMATION SCHEDULE F - (Contirn_,ed :l 12 . Principal Firm Members ' Background/Experience (3 members minimum) . Attach current resumes as Schedule S . O . F supplement or give concise description by individual . Name of Bidder : By : Date _ (Authorized Signature. NOTE: Anu supplemental attachmen_s or modi`ications to this Form shall be labeled Schedule 5 . C . F , and shall be properly integrated into this Bid Form . E blank not applicable, Fill in with N/A Qualifications Summary 5r_heduie 5 . 3 BID (PROPOSAL) FORM Page 4 of 4 INFORMATION SCHEDULE 6 Town of Southold Bid Project C&D Haul - Disposal Services The Bidder hereby states that it proposers , iF awarded an Agreement to use the Following haul subcontractors on this project . Subcontractor/ Contract Trade/ Individual Address Phone # 50ecialties i . 2 . 3 . S 7 . o . 9 . 10 . Name of Bidder : By : Date (Authorized Signature) NOTE : iF blank not applicable, Fill in wit:n N/A Subcontractors Schedule 5 .0 . 6 SID ( PROPOSAL) FORM T NF'ORr1A T I ON SCHEDULE H Town of Southold Bid Project C&D Haul - Disposal Services The Bidder states that it owns the following pieces of equipment that are available for use on the project , if awarded the agreement . Proposed Current Equipment Item Project Use Equipment Location Name of Bidder : By : _ Date: _ NOTE: Any supplemental attachments or modifications to this Form shall be labeled Schedule 5 .0 .H and shall be properly integrated into the Bid Form . If blank not applicable , fill in with N/A Construction Equipment Schedule 5 .C .H BID iPROPOSAL) FORM INFORMATION SCHEDULE I Town of Southold Bid Project C&D Haul-Disposal Services The Bidder hereby states that it will be prepared to dispose of up to the following Maximum Specified Yearly Capacities in tons of Town of Southold construction material and/or demolition debris if awarded an Agreement. Contract Year Maximum Tons per Contract Year 1997-1998 1998-1999 1999-2000 2000-2001 2001-2002 Name of Bidder: By: Date: Maximum Specified Capacity Schedule 5.0. 1 BID (PROPOSAL) FORM 'i f I' INFORMATION SCHEDULE J Town of Southold Bid Project C&D Haul-Disposal Services r 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 i Disposal Site: I . GENERAL A . Disposal Site Location Name: f Address: Phone: B . Disposal Site mailing address ( if different than I ) s Address: _ r f>` II .. CURRENT OPERATIONS E A . Operations Permit 1 . Permittee: - 2 . No . : i 3 . State: `f . Date of Issue: S . Date of Expiration: 6 . Copy Enclosed: Yes: No: Bidder Disposal SiteCs) Schedule S .O .J BID (PROPOSAL) FORM Page 1 of 7 INFORMATION SCHEDULE J - (Continued) r. B . Hours of Operations J 1 . What are the PERMITTED operating hours? DAY A .M . P .M . Monday to Tuesday to Wednesday to _ Thursday to Friday to Saturday to Sunday to 2 . Are there any PERMITTED closure periods stipulated? I 3 . What are the ACTUAL operating hours? I DAY A .M . P .M . Monday to Tuesday to - Wednesday to _ Thursday to Friday to Saturday _ to Sunday to 4 . What holiday or other period is the -Disposal Site 7 typically closed? i DAY YES NO New Year 's to Memorial to - Independence to _ j Labor to 3 Thanksgiving to Christmas ___ to Other (SpeciFy) to f Bidder Disposal Site(s) Schedule S . O .J i BID (PROPOSAL) FORM Page 2 of 7 7, 1 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 No i 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 .? `. r: Yes No _ C . What is the PERMITTED annual capacity in cubic yards? 1998 1999 f 2000 _— f 2001 _ 2002 1 D . At the PERMITTED levels in Question II .C . , what is the projected useful life in years? i E . What is the annual RECEIVING level today? ■ l: Bidder Disposal Site(s) Schedule S .O .J BID (PROPOSAL) FORMS Page 3 of 7 I 1 INFORMATION SCHEDULE J - (Continued:, F . At the RECEIVING levels in Question II . E . , what is the i projected useful life in years? G . How much of the RECEIVING level in Question II . E . is committed to under contract in cubic yards? 1998 1999 I' I- 2000 2001 t 2002 H . Does the Disposal Site have special waste restrictions For: Gate Yes No Fee ($) 1 . Asbestos 2 . Wastewater Treatment _ Sludge - — 3 . Hazardous Waste C` 5 S, Y Bidder Disposal Site(s) Schedule S . O .J BID (PROPOSAL) FORM Page 4 of 7 INFORMATION SCHEDULE J - (Continued) IM I . Are there any existing Agreements with local 1 municipalities which prohibit: 1 Item Yes No 1 . Routing to site 2 . Weight limits between state roads and site 3 . Number of vehicles If . Vehicle size 5 . C&D importation outside ,jurisdictional area 6 . Host Community Benefits III . EXPANSION PLANS P A . Application Permit 1 . Permittee: 2 . No . : - 3 . State..- Ii . tate:'t . Date of Submission: 5 . Copy Enclosed: Yes No 6 . Submission Status: a . Expansion of current site or new site b . Local Citizenry reaction__ C . Regulatory agency_ _ Bidder Disposal Site(s) Schedule S .O .J BID (PROPOSAL) FORM Page S of 7 i 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 II: .C . )? 1998 1999 2000 — 2001 2002 _— — C . At the annual DESIGN levels in Quiestion III .B . , what would be the projected useful life in years? D . Would you be willing to share with the Town of Southold engineering reports utilized For the preparation of the Operating Permits on Expansion Application? Yes No —, E . Bidder 's Disposal Site(s) Engineer of Record i Firm ' s Name --------------------------- Firm 's Address Project 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 site(s) and a copy of the agreement, performance bond and insurance between bidder and permit holder to use the disposal site(s) during the term of this Agreement . Are you willing to meet with the Town of Southold to discuss Your short and long term disposal capabilities? YesNo 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 i. t Address City State Zip By (Please Print or Type) NAME AND TITLE Signature i I Phone No . i Date CORPORATE SEAL I I Bidder Disposal Sites) Schedule S .O .J BID (PROPOSAL) FORM Page 7 of 7 i Y INFORMATION SCHEDULE K FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal , and as Surety, are hereby held and firmly bound unto as Owner in the sum of 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 day of _ 19 The condition of the above obligation is such that whereas the Principal has submitted to the Town of Southold a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the hauling and disposal of construction material and/or demolition debris; NOW, THEREFORE, (a) If said Bid shall be rejected or in the alternate, (b) If said Bid shall be accepted, and the Principal shall execute and deliver an Agreement in the form of the Sample Operating Agreement attached hereto (properly completed in accordance with said Bid) and shall Furnish certificates of insurance and a bond for this faithful performance of said Agreement, and for the payment of all persons performing :Labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall , in no event, exceed the penal amount of this obligation as herein stated . Form of Bid Bond Schedule S.O.K BID (PROPOSAL) FORM Page 1 of 3 The Surety , For value received , herebu stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or aFFected by any extension of the time within which the Owner may accept such Bid ; and said Surety does hereby waive notice of any such extension . IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals , and such of them as are corporations have caused their corporate seals to be hereto aFFixed and these presents to be signed by their proper officers , the day and year First set Forth above . Principal--- --------- ------------ Surety ----By : Address of Surety : SEAL (ACKNOWLEDGEMENT BY CONTRACTOR , IF A CORPORATTONI STATE OF: COUNTY SSN : On this day OF ___ 15 before me personally came __ to me known , who being duly sworn, did depose and say that :he resides in --- _—, that he is the OF the _ corporation described in and which execu_ted —he--F o—c—eg--c 7—ng instrument ; that he knows the seal of the ccrporation; that the seal aFFixed to the instrument is such coroorate seal ; that it was so aFFixed by the order of the Board OF, Directors of the corporation; and that he signed his name thereto by like order . Notary Public -------- Form of Bid Bond Schedule S .C . K BID (PROPOSAL) FORM Page 2 OF 3 (ACKNOWLEDGMENT BY CONTRACTOR , IF A PARTNERSHIP) STATE OF: COUNTY OF: --______- - ) SSN: _ On this __ day of 10before me personally came to me known , and known to me to be a member of the firm of and known to me to be an individual described in , and who executed the foregoing instrument in the firm name °f- and he duly acknowledged to me that he executed the same for and in the behalf of said Firm for the uses and purposes ment?oned therein . N o t a r yy P u b i i c --------- CACKNOWLEDGEMENT BY INDIVIDUAL CONTRACTOR) STATE CF . COUNTY ) SSN. On this ____ day of __ 1S before me personally came _ _— t me known, and known tc be the person described in and who executed the foregoing instrument and duly acknowledged that he executed the same . Nctarg Public Form of Bid Bond Schedule S .O .K BID ( PROPOSAL) FORT! Page 3 of -3- 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 gust sum of dollars ($ ) good and lawful money of the United States of America, for the payment of which sum of money, well and truly to be made and done, the Principal binds himself, his heirs, executors, administrators and assigns and the Surety binds itself, its successors and assigns, ,jointly and severally, firmly by these present's. 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 (their, its) part to be kept and performed and all modifications, amendments, additions and alterations thereto that may hereafter be made, according to the true intent and meaning of said Agreement, and shall fully indemnify and save harmless the Owner from all cost and damage which it may suffer by reason of failure so to do, and shall fully reimburse and repay the Owner for all outlay and expense which the Owner may incur in making good any such default, and shall protect the said Owner against, and pay any and all amounts, damages, costs and ,judgments which may or shall be recovered against said Owner or its officers or agents or which the said Owner may be called upon to pay to any person or corporation by reason of any damages arising or growing out of the doing of said work, or the repair of maintenance thereof , or the manner of doing the same, or the neglect of the said Principal , or his (their, its) agents or servants or the improper performance of the said work by the said Principal , or his (their, its) agents or servants, or the infringement of any patent or patent rights by reason of the use of any materials furnished or work done as aforesaid or otherwise, then this obligation shall be null and void, otherwise to remain in full Force and effect; Performance Bond Schedule S .O .L BID (PROPOSAL) FORM Page 1 of 2 pri] +i rC0 H=iWfi'-' the burety , for '6ii_ie receiVed , hereby stipulates and agrees , IF requested to do sc by the Owner , to Fullu perform and complete the work mentioned and described in said Agreement , pursuant to the terms , conditions , and covenants thereof , if For any cause the Principal fail=_ or neglects to so fully perform and complete such work and the Surety Further agrees to commence such work of completion within ten C10) calendar days after written notice thereof from the Owner and to complete such work within ten ( 10) calendar days from the expiration OF the time allowed the Principal in the Agreement For the completion thereof ; and further PROVIDED HOWEVER , the Surety , for value received , for itself and its successors and assigns , hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by an extension of time, modification , work to be performed thereunder , or by anu payment thereunder before the time required herein, or bg any waiver of any provisions thereoF , or by any assignment , subletting or other transfer of any work to be performed or any monies due or to become due t^ereunder ; and said Surety does hereby waive notice of any and all of such extensions , modifications , omissions, additions , changes , payments, waiv--r3, assignments , subcontracts and transfers , and herebu expresslu stipulates and agrees that any and all things done and emitted to be done by and in relation to assignees , subcontractors , and other transferees shall have the same effect as to said Surely as though done or omitted to be done bg or in relation to said Principal . IN WITNESS WHEREOF, the Principal has hereunto set his (their , its) hand and seal and the Surety has caused this instrument to be signed by its and its corporate seal to be hereunto affixed tris dau of Principal ( IF Oorooration add Seal and Attestation) B Attest ---------------- ----------- Surety Add Corporate Seal By : Attest Address of Surecu Performance Bond Schedule S . G . 7 EI.' (PROPOSAL) FORM Page P of F INFORMATION SCHEDULE M OPERATIONAL PLAN The Bidder hereby states that it proposes to implement the following operational plan to haul and dispose of Construction Material and/or Demoliton Debris (C&D) from the Town of Southold Landfill if awarded an Agreement. I. Haul Summarize the manpower and equipment you will make available to perform under this Agreement. II. Disposal Summarize the identity and location of the primary and secondary sites you plan to use for disposal of the construction material and/or demolition debris. Describe the arrangements between your company and the disposal site for use of the site. Describe any treatment the C&D will undergo during transport or upon arrival at the disposal site. Attach copies of the permits to construct and permits to operate the disposal site. Site No. 1 NAME LOCATION CONTACT PERSON AND PHONE NO. Operational Plan Schedule 5.O.M Bid (Proposal) Form 1 of 1 ARRANGEMENTS FOR USE TREATMENT OR UNUSUAL CONDITIONS Site No. 2 NAME LOCATION CONTACT PERSON AND PHONE NO. ARRANGEMENTS FOR USE TREATMENT OR UNUSUAL CONDITIONS OPERATIONAL PLAN Schedule 5.0.M Bid (Proposal) Form 2 of 2 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 same meaning as if defined herein. APPENDIX A-1 II. SCOPE OF SERVICES -The Contractor shall perform the services in accordance with the description of those services as set forth in the Solicitation. III. TERM OF AGREEMENT - The Term of this Agreement shallk be three (3) years commencing on July . The Town, at its sole discretion, shall have the option of renewing the Agreement for two (2) additional one (1) year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term. IV. PRICE SCHEDULE/COMPENSATION - The unit bid price schedule for the services to be furnished by Contractor is found in Section C - 3.1, 3.2 Contractor's bid which is incorporated into this Agreement. V. PAYMENTS - The Contractor shall received monthly payments for services performed during the prior calendar month. The Contractor shall submit a request for payment on a Town approved voucher form along with Contractor's invoice which shall include a daily summary of tonnage hauled by Contractor at a 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 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 - r 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 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 SiteCs) , he shall be deemed to be in default of this Agreement and liable For damages, bond forfeitures and other expenses as provided in the Agreement . VII . INDEMNIFICATION INSURANCE/BONDS A. Contractor agrees to defend, 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-4 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 Town, may be necessary . B . Contractor shall procure and maintain the insurance described in Section A of the Solicitation for a period commencing on the date of this Agreement and terminating no earlier than one year following termination of services under this Agreement . All such insurance coverage shall name the Town as an additional insured and shall provide that the coverage I shall not be changed or canceled until thirty C30) days written j 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-5 I E 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 ($500, 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: (1) an act of God (but not including reasonably anticipated weather conditions for the geographic area of the Town or Disposal Site) , hurricane, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy , extortion, war, blockade or insurrection, riot or civil disturbance; (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 'Iransfer Station or Disposal Site is located to provide and maintain utilities, services, water and sewer lines and power 'transmission lines which are required for the operation or maintenance of the Transfer Station or Disposal Site; (3) governmental pre-emption of materials or services in connection with a public emergency or any condemnation or other taking by eminent domain of any portion of the Transfer Station or Disposal Site; and C'f) the presence of hazardous waste upon, beneath or migrating from the Transfer Station . It is specifically understood that none of the Following acts or conditions shall constitute uncontrollable circumstances: (a) general economic conditions, interest or inflation rates, or currency fluctuations; (b) the financial condition of the Town, the Contractor, any of its affiliates or any subcontractor; (c) union work rules, requirements or demands 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; (f) any act, event or circumstance occurring Outside of the United States, or (g) any change in law or in the permit conditions or status of the Transfer Station Disposal Site or alternate Disposal Site . IX . SUBCONTRACTS Contractor shall not enter into any subcontracts in connection with the services to be performed by Contractor hereunder without the prior written approval by the town of such subcontracts . All such subcontracts shall make express reference to the terms and conditions of this Agreement and shall obligate the subcontractor to comply with all applicable federal , state and local laws, ordinances or regulations relating to the services to be performed under the subcontract . In the event the subcontractor is required to Furnish any insurance or bonds for the benefit of Contractor, the Town shall also be named as an additional insured or obligee . I 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 i y buildings, or real property of the Town 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 S% of the total of the Direct Labor Costs, the Direct Material Costs and the Overhead . XII . CONTRACTOR'S OPERATIONS AND PROCEDURES REPORTS Contractor will provide the operating plan and supporting data listed in Sections A and B of -the Solicitation to the Town for review and acceptance . Contractor will update the plan as necessary and furnish copies of those updates to the Town . XIII . DEFAULT In the event the Contractor fails to perform its obligations under the Agreement, the Town may terminate the Agreement, procure the services from other sources and hold the Contractor responsible for any costs incurred . The Town also may deduct such costs from payments owing to the Contractor and/or draw upon the Performance Bond as full or partial reimbursement For such excess costs. The Town reserves the right to terminate the Agreement for 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 QpF d L�15P+E+5+31 Fit@ Poor which ContractDP doee 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 . i 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 dispute, such arbitration shall be conducted in accordance with the rules of the American Arbitration Association . In no event shall any demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitations . An award rendered by arbitrators following any such arbitration shall be final and ,judgment may be entered upon it in accordance with applicable law in any court having ,jurisdiction thereof . XVII . MISCELLANEOUS A . This Agreement shall be governed by the laws of the State of New York . B . Contractor shall not assign, convey or otherwise transfer its rights or obligations under this Agreement without the prior written consent of the Town. C . This Agreement, including all Exhibits and documents referred to herein, along with the Specifications, Solicitation and the Bid, and all Appendices and Exhibits thereto, represent the entire agreement between the Town and Contractor relating to the Services to be performed hereunder . This Agreement may be modified only by written agreement of i Contractor and the Town . D . To the- extent of any inconsistency among the documents constituting the agreement of the parties, the priority among those documents shall be: 1 . This Agreement; APPENDIX A-12 I 2 . Exhibits hereto; 3 . The Solicitation including Appendices; `1• Contractor 's Bid . E. Without limiting any other right and/or remedy which the Town may have at law or under this Agreement, if the Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors or a receiver is appointed for the ;n Contractor or any insolvency arrangement proceedings are instituted by or against the Contractor, the Town may terminate this Agreement . F. Contractor agrees that it will conduct itself consistent with its status, said status tieing 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 I 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 s 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; P; recruitment or recruitment advertising; layoff or termination; y rates of pay or other forms of compensation; and selection for training. XVIII . NOTICES All notices required to be given hereunder shall be made in writing by first class mail addressed as follows: APPENDIX A-14 If to the Town: Supervisor of the Town of Southold Town Hall 53095 Main Road Southold, New York 11971 With a copy to: Solid Waste Coordinator Town of Southold 53095 Main Road Southold, 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 nt of Environmental Conser(ation Ah L New York Sate Cep-�rtme Legal affairs, Building SO -SUNY, Stony Brook, NY 11790-2350 Telephone: (516) 444-0345 _ Facsimile: (516) 414-0349 SIIchael A Zatan Camauniaier i J\UV _CI nc IRIY .`.�C7 The Honorable Jean W. Cochr= Supervisor, Town of Southold Town Hall f 309: '\/fain Road Southoid, New :-ork 1:971 Re: Town of Southoies Tra_-s:er Siatinn raciiity Identiucation No. 32 T 9= Dear Super-Jisor Coc:--ate Pursuant :o Wi(_) of e Sector hers=, L 9 L, De`sion and Ore:of Deputy Consiiss,'oner. EdwardO'Sullivan. DEC No. =0^_0, and :he Tow's request of Sect= er u, L996. 'er an eC:C.^.sion. �he Decarent ':e:edv maroves ooeiIIon of :ne ie-, ora/ :r.,er s=- Ca at±e Cutcho;ue site anrn Jaguar 1997, t5--cave Tuesday, Ocober 3, Ocerarion at :he -acIrr-:.-iiI oe s dersiied in:he --2 Ineermst Zeiler -,recared by Dvirita 3artiiucci dated Sectember, :993, and in addirion, me Towm dist corniv wish :he 'cilowinsl oceratinQ conditions: i. The Town lust corpiv with 5 NYC RR Subparts 360-1 'C-.erai Provisions) and 360-11 i T:anster Starions i of 5 NYCR.2 Par•. 360 (en`e^ve Gccber 9, 199?), e.. act as scecir,caily .:iodine bv- :;ds authorz tion nd uie accroved =-_- _r rs 2eror �d '!ans- _. L.^ie T own wail act iz-re :vZies at 'he aaiiry :more :-'�.aia :CL+� '+QIi:7re ::.i+8 OL �cceCtanc-- CI 5ucn waste- _. he own snail :atie _i aecessar i u'e7s CC �:cnr.Qi i.L'Ganc_s iIIC:as otowir_ ;ace.). /eC:Cfs. ,.Usz. MIC Coors. ie 1 :s '-L'liaCCZ C _o Jce:ate me :ac ari "a JI :`a) I.=. :0 =:i� ^.'_even (7) days :er weeti. - 1. The Town is prohibited from receiving at this facility, hazardous waste as defined h 6 VYCRR Part 371 or regulared medical waste as defined in 6 NYCRR Par 360. .Approval must be eranred in advance, in writing, by the Regional Solid Waste Engine--, to accept non-hazardous industrial waste at the Facliry. 6. The Town shall apply for and receive a permit for the transfer station before the expiration of this temporary authorization. 7. The Town must submit by December 31, 1996, to the Department either 1.)a realest for Par 360 registration approval For the subject transfer facility, or, 2.)an implemeatarion schedule for the preparation, submittal and obtaining of a decision by the Department on a permit for the subject: transfer-acliry. In the event the latter is submitted, it may, if determined by the Department to be appropriate, result in a,further extension of this temporary authorirarion. In no event, however, shall such extension exceed October 3, 1997. This authorization is conditioned upon she Town's saic- adaerence to the conditions as outlined above and fauure to do so may result in a revocation of this authorization_ Vet}�aul✓aoi /_ :2AY E. COWL i, P.E. Renional Dire-- r REC;^vIEC.'mhs LIlC. cc: L. Riley Cava 1vL Caroenrie-e M. Ewen .,zEc_wuama�.a� APPENDIX B-2 w.�` ��. t ^@ 'skr 't` .i.ffi"Tan `� 1._r 1'Y YSK'u t " i_ •.tiCA .Q�lv�-1 P f rR i 1 , APPENDIX C Town of Southold Accident Report: TOWN OF SOUTHOLD ACCIDENT REPORT Date of Accident: _/_/_ Time of Accident_ _AM/PM Oral Report By : To: Date: _/_/ Time: AM/PM Location of Accident: Brief Description of Accident: M r 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 __ low i APPENDIX D Town of Southold SWMP (Executive Summary) S.0 SUMMARY This is a Summary of the update to the Solid T'gaste Management Plan (SWMP) for the Town of Southold. The Town's initial draft SWMP was adopted by the Town Board on September 25, 1990, and a final SWMP on January 22, 1991. Since the adoption of the SWMP, there have been a number of changes in solid waste management in Southold and on Long Island. The update to the SWMP has been necessitated by several factors, including changes in solid waste generation, recycling initiatives, regulatory constraints, and available capacity at other solid waste, facilities combined with changes in the cost of out-of-Town handling and processing by the private sector. These factors have resulted in a change in the Town's preferred processing alternative for the residual waste remaining after reduction, reuse, and recycling. S.1 Town Setting The Town of Southold is a rural town of approximately 54 square miles located in eastern Suffolk County on Long Island. It is bordered by the Peconic Bays and Gardiners Bay to the south, and the Long Island Sound to the north. The Town, along with the Town of Riverhead to the west, comprises the North Fork of the "East End' of Long Island. It also includes the Hamlet of Fishers Island, a small island community covering approximately four square miles. The Town supports a large agricultural community, as well as a seasonal tourist population and a number of weekend/part-time residents. of the various communities in the Town, the larger residential areas are primarily located in Southold, Cutchogue, Greenport, and Mattituck. The Town possesses diverse ecological resources including beaches, bays, estuaries, lakes, freshwater and tidal wetlands, and the upland environment. These resources are the result of natural physiology and existing development patterns, and are important for their preservational, social, aesthetic, and recreational value. The Town comprises 5.38 of Suffolk County' s land area, but only 1.58 of the county's population. The largest single land use in the Town is vacant land 4168R/4 SWMP SUMMARY-1 APPENDIX D (408) , while the second largest land use is agricultural land (258) . Other land use such as residential, commercial, and industrial account for much of the remaining land. S.2 Current Solid Waste Management The Town owns and operates a solid waste complex on County Road 48 - Middle Road in Cutchogue that receives most of the municipal solid waste generated and disposed of in the Town. This includes waste from residential, commercial, institutional, and agricultural sources. The solid waste complex consists of an inactive landfill that ceased operations on October 8, 1993, a multimaterial residential recycling drop-off area, a bi-level multimaterial recycling area for deliveries by carters, a collection center, a permanent household hazardous waste storage facility, a yard waste composting operation, temporary transfer operations for garbage, rubbish, C&D debris and concrete, and a holding area for household appliances and tires awaiting transfer to processing facilities. On October 8, 1993 the Town ceased landfilling operations and implemented a State authorized tempora--1 transfer operations for garbage, rubbish, C&D debris, and concrete. The temporary transfer operations are expected to be in place for the 6 to 12 month period needed to permit, construct and start-up a new permanent transfer station. A Part 360 Engineering Report and Permit Application for the new permanent transfer station describes the design features and operations of the prcposed facility. Concurrent with the temporary transfer operations on October 9, 1993 the Town initiated a special bag program for residential garbage. Residential garbage must be placed into special bags to be accepted at the Town's solid waste complex. Residents who drop off garbage and carters that collect garbage from noncommercial customers can deliver only the special bags to the Town for disposal by the transfer operations. Commercial waste can be charged by weight and does not need to be placed in the bags. Recyclable materials are prohibited from being placed in the special bags. It is anticipated that over the long-term the cost of the bag will encourage waste reduction and increase recovery of recyclable materials. The Town's recycling program has been in effect at the solid waste complex for several years and has been steadily increasing in scope. Use of the recyclables collection center is free. The materials included in the recycling 6:6aR/4 02? SWMP SUMMARY-2 effort are: o Newspaper o Plastic containers o Major household appliances o Metal containers o Bulk Metals o Household hazardous waste o Clear glass o waste oil o Leaves o Green glass o old clothes o Brush o Brown glass o Batteries o Wood chips o Tires o Mixed Paper (other than cardboard) o Cardboard In accordance with its solid waste management planning efforts, the Town has implemented a mandatory curbside recyclable collection program for those residents whose solid waste is collected by carters. Residents that use carters are required to separate green, brown, and clear glass, plastic (HDPE #1 and #2) , tin and aluminum (commingled) , newspaper, and cardboard. co1'_ection of recyclables from customers is currently performed once every other week. Collection by Town permitted carters is provided for residential, commercial, Institut-cnal, and industrial customers on an individual contract basis. Commercial, institutional, and industrial waste generators can also deliver their own wastes to the landfill provided they are permitted by the Town. Residents may also drop off their wastes at the solid waste complex with a permit. It is estimated that approximately 107 tons per day of municipal solid waste was generated in the Town in 1992. This volume is based on 1992 scale house data from the solid waste complex and includes recyclables. Future waste stream projections have been formulated based on the 1992 data and weighted population estimates through the year 2015, and are as follows: Year Tons per day Tans per Year 1989 123 44,895 1992 107 .7 39,313 1995 126.6 46,194 2000 134.2 48,995 2005 144.1 52,583 2010 154.4 56,364 2015 165 .3 60,348 6_68Ri4 '12 SWMP SUMMARY-3 The 1989 data is presented to illustrate the effect that waste reduction, recycling and reuse efforts have had in the Town of Southold during the last few years. There has been an approximately 13% decrease in the municipal solid waste received at the complex (including recyclables) since 1989. An identification of the major categories of the waste stream received at the solid waste complex has been conducted as part of the planning effort, and is presented below by percent of weight for the major component categories of the waste stream. Waste Cateaory t By Weiaht Household garbage 37,0 Construction and demolition debris 17.0 Sand/sod 3 .3 Concrete 1 .0 Rubbish 6.7 Scrap Metal 1.5 Land clearing 4.1 Brush 1-0.9 Leaves/mulch/grass 9,2 Agricultural debris 1.6 Household Recyclables 5,0 Other (includes sludge, tires, <3 .4 shellfish debris, woodchips, waste oil and batteries) TOTAL 100% In addition, a compositional analysis of the material components performed in 1989 was updated to reflect the 1992 household waste stream. This breakdown is as follows: Waste Comooei 2n i by Weiah Paper 29.09 Plastics 6.54 Food 10.53 Ferrous Metals 6.98 Nonferrous Metals 1.28 Batteries 0.06 Glass 5.41 :food 5.08 Rubber 2.11 Dirt and Fines 3 ,74 Yard Waste 20.4i Bulky Waste 3 .36 Misc. 5. 08 TOTAL 100$• 'Totals may not add to exactly 100% due to rounding. 5768R/4 1027 SWMP SUIRMY-4 S.3 Alternatives In formulating the Town's original Plan (final SWMP January 1991) , a number of alternative processing methods and implementation alternatives had been evaluated. The alternatives have been reconsidered in terms of environmental soundness, applicability, effectiveness and cost, and are presented in this SWMP update. They include: o Waste Reduction o Land Clearing Debris Recycling o Household Hazardous Waste o Waste-to-Energy Reduction/Recovery Removal o Municipal Solid Waste Composting o Materials Recycling o Landfill Disposal o Agricultural and Yard Waste o Clean ?ill Disposal Composting o Methods of Processing/Disposal of o Construction and Demolition Other Wastes Debris (C&D) Recycling Although the State has set a goal of 508 reduction, reuse, and recycling as a benchmark for resource recovery systems, it has been concluded as part of the updated plan that, given the characteristics of its waste stream, the Town could target a reduction/reuse/recycling (including composting) goal of approximate'_y 708. The alternatives that were previously evaluated in the original SWMP for long-term processing or disposal of the residual portion of the waste stream were: o Continued landfilling (no longer an alternative within the Town) o Use of a new, double-lined Town landfill adjacent to existing landfill (no longer a viable alternative) o processing at the Brookhaven composting-energy recovery facility (has not been implemented at this time) o Processing at Huntington energy recovery facility c Processing at Babylon energy recovery facility o Processing at an in-Town mixed solid waste (MSW) composting facility (no longer a viable alternative) c Yard waste exchange arrangement with a town having an energy recovery facility (re-evaluated this past year with the towns of Huntington/Smithtownd Private sector processing/disposal (including possible use of Hempstead's existing energy recovery facility and recently proposed private sector facilities) o Long haul to another facility (component of temporary transfer operations) 6':iaR/4 .027 SWMP SIIffisSAAY-5 S.4 Description of Proposed Plan Based upon a reconsideration of the analysis of alternatives conducted for the Town's initial SWMP, the updated SWMP for the Town is also expected to result in the effective management of the Town's solid waste in an environmentally sound, cost-effective manner that reflects the social and economic characteristics of the Town, particularly with regard to its rural nature as a farming community with a relatively small population. The updated SW14P retains the 'resource recovery systems contained in the initial SWMP, and expects that the system could effectively dispose of approximately 7O% of the Town's total waste stream through elements of reduction, reuse, recycling, household hazardous waste removal, and yard waste composting. However, this updated SWMP includes new recommendations for the disposal of the estimated 30% residual waste through the transfer of this portion of the waste stream to existing permitted processing/disposal facilities with sufficient available capacity. 5.4.1 Proposed Resource Recovery c r em As with the initial SWMP, this updated Plan contains a number of elements comprising a resource recovery system that could reduce/recycle/reuse up to 70% of the total waste stream. The resource recovery system includes wasta reduction, intensive household and commercial/institutional recycling, major household appliances recycling, tire recycling, household hazardous waste recovery, construction and demolition debris recycling, and composting of yard waste that includes leaves, brush and land clearing debris. The specific materials addressed in the updated SWMP's resource recovery system include: o Newspaper/Phone Books o Nonferrous Metals o Magazines/Junk Mail o Three Colors of Glass o Corrugated/Brown Bags o Wood and Lumber o Other Paperboard o Asphalt o Office Paper/Mixed Paper o Concrete/Brick o PET, HDPE o Tires and Other Plastics o Dirt o Yard Wastes o Textiles o Sand/Sod o Household Hazardous Wastes o Ferrous Metals o Batteries (Vehicle and Household) o Food Waste o Sludge None of the Town's existing paper vendors are willing to accept drink boxes and/or milk cartons (polycoated paper) , unless for disposal. the Town has been unable to identify any economically viable recycling markets for these products. The following sections describe the components of the Town's resource Si58R/4 1027 SWMP sOmmkity-6 recovery system. Waste Reduction Waste reduction refers to the reduction of solid waste prior to disposal. This is an important consideration since it may affect the sizing or magnitude of individual operations and facilities. Reduction of the volume of waste could be achieved through Town support of legislation and other initiatives that aim to encourage residential, commercial, industrial, and institutional establishments to reduce waste generation at the source or point of packaging. This would effectively reduce the volume of waste that the Town would need to make provisions for with regard to collection, processing, disposal, administration, and financing. Regarding the legislative aspects of waste reduction, the Town will continue to support laws proposed by tie County, State, and Federal governments that strive to: o Reduce the volume and type of packaging materials, especially those constituted of plastics which are essentially nonbiodegradable, nonreusable, and nonrecyclable o Expand the current beverage container deposit law to include a wider array of containers o Encourage greater use of recycled materials, or products packaged in recycled or recyclable materials o promote the development of household hazardous waste removal programs o Assist and encourage industrial, commercial, and institution'_ generators to undertake reduction and recycling programs o Assist and encourage homeowners to undertake backyard composting and to leave grass clippings on the lawn The Town will continue to support legislative efforts to establish deposits on batteries as a means of reducing the concentration of metals in various products and residues of solid waste processing. Batteries constitute an easily removable source of potential contamination from the waste stream. in addition to legislative actions, all sectors of the Town (public, commercial, industrial, and institutional establishments) will be encouraged by the Town to reduce 6163Ri4 '.027 SWMP SIII+ASAAY-7 the generation of waste which would ultimately become the responsibility of the Town to handle and dispose. This can be accomplished through local and regional Public education programs coordinated by the State. For example, homeowners and landscapers will be encouraged to reuse grass clippings, leaves, and chipped brush as compost and mulch on-site rather than bagging and disposing these materials at a solid waste management facility. Residents are encouraged to leave grass clippings on the lawn and are not allowed to include their yard waste. The special bag program makes it economically desirable for residents not to dispose of grass at the solid waste complex. The Town's new special bag program is an economic incentive program that has been used successfully by other communities in reducing the amount of waste going to ultimate disposal facilities. This program has been in place since October 9, 1993 and is an important component of the Town's resource recovery system in terms of waste reduction and financing of the transfer operations. The NYSDEC estimates that implementation of statewide and local .caste reduction efforts, along with continued and expanded voluntary programs and other legislative actions, could reduce solid waste generation by approximately 88 to 10%. This estimate is contained in the State's 1987 Solid Waste Management Plan (and updates) as a statewide goal and is incorporated as one of the goals of the Town's proposed Plan. It is estimated that over the long-term approximately 10% of the Town's waste stream would be reduced by this element of the proposed ?tan. Household and Commer,ial/Tnstitutional Recce line P oa ram A comprehensive recycling program which would provide for the recovery and utilization of reusable 'waste' resources is a major component of the updated SWMP. This includes a mandatory source separation program for recyclable materials generated in the residential, commercial, industrial, and institutional sectors of the Town, which is currently in operation. Recyclable materials are currently source separated and collected, or privately dropped off, In a segregated manner. 5168R/4 1027 SWMP SDMKARY-8 The materials targeted for source separation, curbside collection, and marketing include paper (newspaper and corrugated cardboard) , color segregated glass, tin and aluminum, plastics (PET and HDPE) , and ferrous and nonferrous metal containers. Leaves, brush and land clearing debris are also source separated for the purpose of composting. In addition, construction and demolition debris, white goods (major household appliances) , tires, and household hazardous waste are kept separate at the collection Center. As previously discussed, commercial/industrial toxic or hazardous waste is currently regulated for proper handling and disposal by Federal and State law. These materials should not be handled by the Town and are recycled or processed at private sector facilities. Bea l< Ma cr Houses Annti noes As with the initial SWMH, the updated SWMP's resource recovery system recommends that discarded major household appliances (also referred to as 'white goods,) continue to be temporarily stockpiled and transferred on a regular basis to private recycling facilities. White goods, comprising approximately 1% of the waste stream, include discarded refrigerators, washing machines, dryers, stoves, etc. Depending an markets, it is possible that revenues could be generated from this material. R cy "5 A designated portion of the solid waste complex is used to temporarily stockpile tires for shipment to appropriate reprocessing or recycling facilities. The temporary stockpile operations should be sized to stockpile up to 1,000 tires at any given time. Using an assumed, generally accepted generation rate of one tire per person per year for the Town's population of 20,002, approximately 20,000 tires per Year could require disposal. Alternatively, using an estimated factor for tires in the residential waste stream of 0. 64 tons per day (based on 1990 scale house data) , with an assumed weight of 25 pounds per tire, an average of approximately 19,000 tires per year would require prover disposal. Based an these estimates, _t may be necessary to size a tire stockpile and transfer operation to handle between 19,000 and 20,000 tires per year. This would correspond to an average annual transfer arrangement of approximately 20 shipments per year (1,000 tires per shipment) , or approximately one shipment lowances !or more frequent shipments during certain every 2 and 1/2 weeks, with al peak periods. 6152R/4 .02? SWMP SIJbffiARY-9 There are private processing markets currently available that would accent the tires for recycling. Approximately 18 of the total waste stream is covered by this Plan element. Recvclina: Hou=oholr9 Successful and effective household hazardous waste removal programs, known by the acronym S.T.O.P. (Stop Throwing Out Pollutants) , have been shown to be environmentally sound elements of solid waste management systems. A S.T.O.P. program allows for convenient and safe disposal of hazardous chemical wastes found in homes. Although household hazardous wastes typically comprise less than It of a municipality's total waste stream; the removal of these materials from the waste stream is important and it is recommended as part of the Town's updated SWMP. These wastes will continue to be removed from the waste stream to prevent them from entering, and potentially impacting, the environment. Removal of these wastes also reduces the risks and hazards associated with processing or disposing these wastes at solid waste management facilities. Continued operation of the Town's permanent S.T.O.P. program will provide residents with a continuous, environmentally safe disposal alternative for unwanted chemical products originating in the home. The facility conveniently is operated on scheduled S.T.O.P. days. The permanent facility, centrally located in the Town, provides residents with a convenient drop-off site for these materials. For an area the size of Fishers Island, the development of a full-time S.T.O.P. program and permanent facility would be both impractical and unnecessary. Consequently, it is recommended that a minimum of two collection *events' per year be held on Fishers Island to remove this material from the waste stream. The S.T.O.P. program will allow for the collection of such household hazardous wastes as: o Adhesives o Paint Removers o Alcohol a Paint Thinners o Antifreeze o Pesticides o Brake Fluid o Petroleum Based Solvents o Charcoal Lighter Fluid o Photographic Chemicals and Supplies o Cleaning Solvents o Plant and Insect Spray o Degreasers o Pool Chemicals o Fertilizers o Solvents 6162R/4 1027 SWNP SmMRY-10 Recvclina Household Hazardous 'Haste (cont.)_ o Gasoline o Spot Removers o Herbicides o Stain and Varnishes o Kerosene o Wood Preservatives o Paints o Unknown/Unlabeled Containers The resource recovery system in the Town's updated SWMP recommends that the Town work toward implementing an extensive public awareness, participation, and education program designed to provide information an the importance of properly disposing hazardous materials and the procedures to be followed. The Town's S.T.O.P. program is consistent with the New York State Solid Waste Management Plan guidelines since it can effectively help reduce the quantity of hazardous wastes entering the waste stream. Additionally, the S.T.O.?. program is expected to increase environmental consciousness and encourage residents to segregate and recycle wastes rather than discard them. It is estimated that approximately 18 of the waste stream will be covered by this element. Recvclina, Construc`4on an nemnlition Debris The development, planning, permitting, and capital cost of a construction and demolition debris processing facility is cost-effective if it is handled by the private sector rather than the Town. Consequently, as with the initial SWMP it is recommended in the updated ?!an that this waste no longer be accepted at Town disposal facilities, except on a temporary basis. The recycling/processing of this waste should become the responsibility of the private sector, as is the case in most Towns on Long Island. This would 'Help to maximize the efficiency of recycling this material. Concrece, rocks, bricks, asphalt, lumber, and pallets are among the components of C&D debris that can be processed and recycled. It is estimated that approximately 158 of the waste stream is comprised of commercially generated construction and demolition debris that could be recovered by this Plan element. Construction and demolition wastes from residents and contractors are handled in the same manner. 6168R/4 1027 SWMP SUMMARY-11 Recycling, Yard Waste ComooAt*jZQ According to the New York State Solid Waste Management Plan guidelines and the New York State Solid Waste Management Act, composting is one of a variety of methods to reduce the waste stream and promote recycling of resources. Accordingly, the Town's updated Plan recommends the expansion of the existing yard waste composting operation to accommodate all of the Town's leaves, brush, and as much of the land clearing debris as can be recovered for composting. The remainder of the land clearing debris would be handled by the private sector recovery efforts. The Town will continue to promote backyard and on-site composting of yard waste by homeowners and landscapers as a method of minimizing the required size of the Town's yard waste composting operation. Landscapers should be encouraged by the Town to maintain their own compost piles, or perform this service on-site for their customers. Larger landscaping or land clearing operations should chip brush for ground cover and ocher uses. It is further recommended that the Town implement a public education program to increase the local demand for end products from both backyard and Town compost operations. Grass will not be composted by the Town; however, residents will be encouraged to leave grass clippings on the lawn or backyard compost this material. S.4.2 Proposed Residual Waste ManacreMgnt The recommended resource recovery system portion of the Plan discussed above is expected to effectively reduce/recycle/reuse (including composting) more than 508 of the Town's tocal waste scream, provided that relatively high participation rates are achieved and markets are available. The updated SWMP recommends private sector hauling and processing and/or disposal of the residual waste remaining after implementation of the proposed resource recovery system in multiyear stages with each stage preceded by a SWMP reanalysis and update to determine whether more cost-effective options are available. The Town will also continue to evaluate opportunities involving developing intermunicipal agreements. Approximately every five years, again depending on the nature of solid waste activities, costs, and other factors, the Town will bid contracts for private hauling/disposal services or enter into an intermunicipal agreement for disposal/processing of the Town's residual waste. 6168R/4 1027 SWMP SUMMARY-12 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 oil 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 tin/aluminum cans are brought to an outdoor "bunker" (a 30' by 40' paved area enclosed on 3 sides by movable concrete block walls 4' in height); the plastic is hand-sorted to remove HDPE and PET containers, which are then baled in one of two small vertical downstroke balers. The remaining plastic consists of a mix of#2 color containers and other miscellaneous plastic. This mix is removed in a container via forklift and dumped in another outdoor bunker; the PS is placed into bags set up in one of two PVC frame bins at the drop-off station. There are separate PS bags for "peanuts" used in shipping packages, block used to pack electronic equipment, and food service containers. Mixed paper is dropped off into 4-cu. foot size gaylord boxes, which are then loaded via forklift into a van-type trailer for hauling to the recycler. Corrugated cardboard is deposited in an outdoor "bunker" to hold until there is enough to load an open-top trailer for hauling to the recycler. The corrugated bunker is shared with carters bringing in corrugated from curbside. ONP is deposited into small carts used to transport the paper to roll-off containers stationed at the outdoor storage area. The ONP is then hauled out under arrangement with a private firm. 2 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. ACCOMPLISHMENTS/NEW ISSUES a) The 1996 period saw several significant and unique developments that contribute towards the MSW management goals set out in the SWMP. 1) Acquisition of Yard Waste 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 Rec clin 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 5,� deposit aluminum beverage cans for use by a local youth environmental organization. We estimate approximately $15,000 worth of these cans are delivered to the recycling center each year. The Town solicited and received the cooperation of local beverage distributors and sales outlets to accept cans delivered by youth group members who will use the income to fund group activities, which include nature area cleanups, ecosystem study sessions, and recreational camping and field trips. The drop off facility is designed to keep cans sorted into the required brand-name groupings, thus making it easier for the group to redeem them. b) Issues with a potential effect on MSW haul and disposal arrangements are listed below. Item Issue New Transfer Station Town plans to construct a new facility for receiving and transferring waste and recyclables adjacent to the existing 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 5 I I 1996 CUMULATIVE WASTE SUMMARY THRU - DECEMBER I YTD %GfalBa I TOW %Gvrpb %Clvpe Fmm TOS ISO F� D Twb Fmm NGI OEC 1985 i-_ JAN FES AZAR A� N1AY JUN JUL AUG SEP OOT I 1 I I item Clw9e 90934 25.4% 143% W12231 111% Q401 ]H.w 1M.B3 w1.1) sa.a 451.12 15,1.88 6.9% -16.7% 26129] 3.]% Caltip ToW 528w 44367 !16.11 w1.w Of" 58.25 249% 2]7% I 973W 56% T _GBy0V9 79000 B].]0 1,8.1] 12813 180.85 1WU M51� 8802 1mw =37 1]041 116.83 358.tl y6% 33.8% I 379081 21.8% T -C G'�4 t0_w @ ITB] ]7.3] TJ.6,1 4p.35 .431% 91.1% 555133 110% T -1w41a1eB IY 1>ep.l 32181 317.85 303.1] 288.38 234.00 YN 19 380.01 358.85 3]189 390.08 ?@•75 21774 -258% -03.,% I 4288.51 -118% 5� Be Be 50.98 18890 1210.8,1 9!6.31 43181 390.43 31831 251.99 31145 m 5284881 1 298 85.4% 81.z% I 980.23 w9.1% 6 010 18188 18].25 376 691 43898 252157 84.87 818119,18 3B3'BO S 7 W 1315 20.22 I 437 881% -21.7% I 220.81 -22% 110 Bn 670 1025 37]5 I 183.m -02% 1,8.2% 1 198195 IBM lutlrkwm0 1310 085 15.74 IWO 3.82 2787 Ow 771 IN" 194.15 32.9% 4184% I 42512 2184% T R�mi4hlB1>ebl 13.10 90.84 103.12 145.@ 18647 2@a ?mw 240.E 1 441 1MM 11688 18.81 -13.M 25.4% I 334.90 10.8% 1' 021 0.20 148 mm 41.14 35.81 20.95 22.75 21.1] 2182 I 3033 2208% l"'m I 193.98 33.8% Smp Ma191 1].71 9.18 35@ ZBM 9090 Om ERR -100.0% I 123.90 -21.1% 1390 9.]B 1881 12]5 1285 11.90 1290 9M 12.12 10@ 0.00 I 1 TIM 000 076 0.1] 1.90 24W 41W 196, 1723 12.12 890 I 1701], -18.1% 30.4% I 40880.55 180% T �..+ 80198 796.@ 1269.W 2W7W 258195 1727.73 172381 1]89.82 181408 1512.15 201110 OTA NwWw96e6% I I 635.53 -136% 31.2% I 2884.32 48.1% 47141 29.3% 483.0% 438273 190% 45.6 1881 232.05 610.08 3@.51 J1.1i 4]83 2482 35.51 wim 381.59 Om A3.2% 418.Im I 3790 'l4weN1'Wi 11520 255.71 16.83 1318.15 5431 ]25.21 SBS.W 188.10 3459% 1751]% 597.]] 135.5% > 5 804 008 000 000 000 4W 9.81 5.10 4.31 238 841 5.24 I 793 443 0.18 7M BB7 13590 2830 21.]7 2.33 8590 X00 1 31.0 31M 71% 171109 28.1% m Hit ctii 5,01 i 875 33.1% 413% 1 4271 382% 3610 M4A4 27].81 ~1.03 415.81 8M 508721.6 ; �T92 M 32114 vRxy 1 1888.31 150% 783% I 12880.08 30.0% x T 429.@ 41216 62978 132812 www 187 m mt82 Wow 1231.@ 12536 1460 3W244 -30% 518% I 3SW83 230% C><4P310 TOTAL 1330.90 120)90 1090.35 ,128140 3168.@ 390,1.81 2904.90 238398 3105.10 2]9845 390].90 I I m I 1557 31.1% 41.2% I 19822 4]% W4W d 1p2rj 1820 1655 105 12@ 21]0 14]5 ,380 1 1155 1297 2785 I (WBp�) p 0 18 ERR ERR T..Ud 55 9 0 0 8 0 15 0 21 0 1 ow M) T- B16mw MSWIw3e6 Wx •WTE: 3@bn of lBrw9 vtl 2.500 mn albul�r4w poyFl in SY TJ71nNd. Be WyvrY Daprmwrl0nrV tlr SPrep�tl Feltlwnp. S- IntireW C6OIrle6 Wer 6TM m 490 5ouu:13aJfoN ToxnOWwm+N d SOY6 WaW ' 17Jo,9) 1996 CUMULATIVE RECYCLING SUMMARY THRU DECEMBER --------------"------------------------------- 1 OECEMBER'98 I a61-�-- ---%Chop e--- IT %Change From I TOTAL Fr mD JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV IT. From NOV DEC 1995 i TONS 1995 -------- ------------- ------------- .-_-__------_-.-_.-_-_. NOUSENOt 0 RECYCL ING I I I GMu 1 Clµ, 28.0] 27.17 267] 38.]1 30.48 39_]3 38.8) 3579 38.28 23 Rl 3523 I 29.53 333 3.50 5.1%15,0% 150%8% I 38801 -18.8% Bryn 457 297 3.18 2.51 192 3.81 520 837 2545 21.28 18.85 17.13 580 3.44 -5. 4801 -97.8% Grssn 1524 1289 1275 1539 1793 2253 26.98 28.3) j E.5% -11.1% i 23489 -17 3% PO,w 2205 1505 16M 13.28 571 21.55 21.11 10.42 11.03 1220 13.15 I 18.13 379% 3.1% I 10375 4.5% 0.73 0.13 0.13 0.13 I 0.13 00% N/A 125 NIA Pctystynns' C. 23M 1625 1649 15.28 1481 1].89 1849 37.89 3]88 19.10 19.01 22M 518% 62% I 1. Nµgwper 9138 5722 5801 70.43 11817 8089 12180 13351 13532 113.13 W37 I 10283 57% 28.3% 1 11WN 56.4% CsrmovB 131.93 in 53 M74 110.10 13231 9121 19707 In 35 11608 99.01 9677 I 137.81 39.8% 30.3% 1 147].32 730% 352% Car BeWw1 150 1.50 1.50 1.60 1.50 150 150 1.50 1.50 TOO 1.50 I 1.50 00% 50.0% I 1800 NN Bs6mws 050 0.50 100 100 100 1.00 i.W 100 100 1.00 100 1.00 00% 99% 1100158% Ann 79.18 59.58 131.80 ]6.28 3898 5545 9165 6581 5159 3380 37M 126% -519% I ]55.]3 7.5% Cbtlig� 8.37 7W 7On 7DO 7W 1 7m 00% 1414% 1, 53M 742% 102 1.19 030 1.52 103 6.25 Wsaw041MrM) 422 4.71 7.81 7.03 591 8.01 721 1.50 792 538 5.97 6]5 33.1% 91.3% ]3.35 47% D Cavan Wand 0.30 0.00 0.81 3.52 477 2.78 323 2.50 2 50 2.50 2 50 I 2.50 0 0% 2378% 2775 233% NarslnN TOW 35845 351.14 2]4]1 448.18 41535 33500 WS 78 489.11 45]8) 38589 321.14 38845 210% 7.1% I 472463 250% O m Naua gM R4Cyc4p Z n1Ba NoulabM O GMGP: 114% 414% 389% 47.7% 45.9% 914% 407% 38.5% 30.3% 376% 11.4% i 10.6% 1 X COMMERCIALRECYCLING I I Sasp MsW 1774 0.18 35W 2611 8090 41.14 Mal 2095 22.76 21.77 2182 I 1881 -138% 251% 314]4 100% m 1111,64359 9 7 1881 1275 12M 1156 13.94 944 12.12 1002 948 3033 2208% 517% I 19175 160% I I Comrwrasl Tart 61.33 1598 5223 41.19 73.75 53M 9855 30.39 39.88 3179 3128 i 49.14 57.1% 10.4% an 49 12.8% I YARD WASTE RECYCLING Lµµs ..oasdW 4570 19.84 23205 610.09 30251 71.1) 283 2482 35.51 10438 73543 I 835.53 -135% 312% I 298148 40.1% _r4mpaM 158 11.08 9718 313.10 33925 20433 124.05 83.25 73.87 80.09 42.89 i 11.30 -733% -516% i 1423.15 1465% WaaS Clips I I -calsow6 58.68 5098 189.80 1210.81 976.31 13181 385.43 31821 251.99 31145 B/B Bt I 483.35 -431% 798% 5551.]8 30.9% _NWIOA6 6.31 407 109.98 83.45 135.16 30482 8020 11411 32.13 51.13 100.41 i 30.35 -69.8% 80.]% I 10]8.19 -152% I Yr6Wssw T01M 11258 7082 40195 1860.93 1278.82 505.]8 413.26 37283 290.50 51583 1584.24 i 1118.88 -294% 41TM i 851522 GRAND RECYCLINGI I TOTAL: 512.38 443]2 ]28.79 2338.28 1797.02 89378 9]0.5] 89233 78305 913.31 183808 i 15515.1] -168% 35.3% i 13]8].34 324% ug I I u%a cITTOW 97µw 6wfrn 003% 36.7% 381% 51.7% 51.0% 21.8% 375% 373% 252% 327% 55.2% I 15]% Wµw G9(9,fQA) 1155 1290 2085 1925 1620 1855 1975 1232 2170 1475 13W i 1850 33.1% 412% i 18822 47% I Tollµpa 55I 17 ERR ERR I SB -115% Qw yew) 9 0 0 B 0 15 0 31 0 0 0 'NOTE:Yar7Waaw RocycMg.o Mews and ooaMpc COLLECTED. L.A.. arq Wootr ,reform 6 sro atom M wornabonal Ivposel Only. Sarca: Soallat Toes Per It of SOW W85W