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Home My WebLink AboutMaterials Hauling ServicesRESOLUTION 2013-269 ADOPTED DOC ID: 8686 THIS 1S TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-269 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 26, 2013: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Trinity Transportation Corp. to supply the town with services for hauling construction and demolition debris and commingled recyclables from the Cutchogue Transfer Station, each in the amount of $ 425.00 per truckload, all in accordance with the Materials Hauling Bid Specifications and the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUSI MOVER: James Dinizio Jr, Councilman SECONDER: William Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 28, 2013 Frank Rossaro Crown Recycling 865 Youngs Avenue Calverton NY 11933 Dear Mr Rossaro: At the regular Town Board meeting held on March 26, 2013, the Town Board accepted the bid of Trinity Transportation Corp for Material Hauling. A certified copy of the resolution is enclosed. Your bid deposit is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk EI1S. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 28, 2013 Edward Tackenberg Grace Industries LLC 11 Commercial Street Plainview Ny 11803 Dear Mr Tackenberg: At the regular Town Board meeting held on March 26, 2013, the Town Board accepted the bid of Trinity Transportation Corp for Material Hauling. A certified copy of the resolution is enclosed. Your bid deposit is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 28, 2013 Jim Licato Progressive Waste Solutions of LI, lnc 1198 Prospect Avenue Westbury Ny 11590 Dear Mr Licato: At the regular Town Board meeting held on March 26, 2013, the Town Board accepted the bid of Trinity Transportation Corp for Material Hauling. A certified copy of the resolution is enclosed. Your bid deposit is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 28, 2013 Patricia DiMatteo Trinity Transportation Corp 214 Blydenburgh Road lslandia NY 11749 Dear Ms. DiMatteo: Congratulations. At the regular Town Board meeting held on March 26, 2013, the Town Board accepted the bid of Trinity Transportation Corp for Material Hauling. A certified copy of the resolution is enclosed. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk mns. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fe~x (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Four (4) bid received ~b ~l~ OPENING 2013 Materials Hauling Bid Opening 3/8/13 12:00 P.M. Trinity Transportation Corp 214 Blydenburgh Road lslandiaNY 11749 Patricia DiMatteo Crown Recycling 865 Youngs Avenue Calverton NY 11933 Frank Rossaro Grace Industries LLC 11 Commercial Street Plainview Ny 11803 Edward Tackenberg Progressive Waste Solutions of LI, Inc 1198 Prospect Avenue Westbury Ny 11590 Jim Licato Task 1 $42,500.00 $58,800.00 $132,300.00 $159,250.00 Task 2 $42,5OO.OO $41,200.00 $92,700.00 $112,125.00 2.0 TASK 1 TASK 2 UNIT PRICE BID SCHEDULE, MATERIALS HAULING SERVICES, SOUTHOLD TOWN, NEW YORK C&D HAULED TO BROOKHAVEN LF Container Type (i.e., trailer, roll-off, etc.): Container Size (in cu. Yds): Estimated # Trips (based on 17 tons per 100 yds) Price per trip (in words): Price per trip (in numerals): ITASK 1 ESTIMATED TOTAL COST (Price per trip X # of Trips): COMMINGLED RECYCLABLES TO TOWN OF BROOKHAVEN MRF Container Type (i.e., trailer, roll-off, etc.): Container Size (in cu. Yds): t~o Estimated # Trips (based on 14.5 tons per/lO0 yds) Price per trip (in words): Price per trip (in numerals): TASK 2 ESTIMATED TOTAL COST (Price per trip X # of Trips): PAGE 25 Town of Southold Bid Materials Hauling Services 3.0 SIGNATURE PAGE The undersigned hereby submits the foregoing prices to furnish Materials Hauling Services as described in this solicitation: Bidder: '~t~t'r¥ Firm-Corporation Signature - Authorized Representative Date Title 24 Town of Southold Bid Materials Hauling Services APPENDIX A - SUBCONTRACTORS (if applicable) The Bidder hereby states that it proposes, if awarded an Agreement to use following haul subcontractors on this project, iqllq Subcontractor/ Contract Individual 1. Trade Address Phone # Specialties Name of Bidder: "1~I!!~1'1'I' lll~ll¥1~JJll)~/"~'J)'~I'~ ~[[~' By: ~/~/~ Date: (Authorized Signature) NOTE: If blank not applicable, fill in with N/A 25 NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. Signed: ~d~(~C~ Print name ~tq'tigle,gl 'I)" ~[~Sql G'O Corporate Title (if any) Company Name Mailing Address :r~,t.~,~DDq; 10¥ II'Pq~ BID ON Materials Hauling Services Town of Southold Bid Materials Hauling Services APPENDIX B - FORM OF PERFORMANCE BOND (if required) Bond No. KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the "principal") and (hereinafter called the "Surety") are held and firmly bound to the Town of Southold (hereinafter called the "Owner") in the full and just sum of dollars (TBD) good and lawful money of the United States of America, for the payment of which sum of money, well and truly to be made and done, the Principal binds himself, his heirs, executors, administrators and assigns and the Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Agreement bearing date on the __ day of ~ 20 ., with the Owner for the Town of Southold construction debris and recycled newspaper Haul 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 tree 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 outlaw 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 fm'nished 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 Appendix B Page 1 of 2 26 Town of Southold Bid Materials Hauling Services PROVIDED, HOWEVER, the Surety, for value received hereby stipulates and agrees, if requested to do so by the Owner, fully perform and complete the work mentioned and described in said Agreement, pursuant to the terms, conditions, and covenants thereof, if for any cause the Principal falls or neglects to so fully perform and complete such work and the Surety further agrees to commence such work of completion within ten (10) calendar days after written notice thereof from the Owner and to complete such work within ten (10) calendar days from the expiration of the time allowed the Principal in the Agreement the completion thereof; and further PROVIDED, HOWEVER, the Surety, for value received, for itself and its successors and assigns, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by an extension of time, modification, work to be performed thereunder, or by any payment thereunder before the time required herein, or by any waiver of any provisions thereof, or by any assigmnent, subletting or other transfer of any work to be performed or any monies due or to become due thereunder; and said Surety does hereby waive notice of any and all of such extensions, modifications, omissions, additions, changes, payments, waivers, assignments, subcontracts and transfers, and hereby expressly stipulates and agrees that any and all things done and omitted to be done by and in relation to assignees, subcontractors, and other transferees shall have the same effect as to said Surety as though done or omitted to be done be or in relation to said Principal. IN WITNESS WHEREOF, the Principal has hereunto set his (their, its) hand and seal and the Surety has caused this instrument to be signed by its ., and its corporate seal to be hereunto affixed this day of 20 (If Corporation add Seal and Attestation) By: Attest: Principal (lf Corporation add Seal and Attestation) By: Attest: Address of Surety Surety Pertbrmance Bond Appendix B Page 2 of 2 27 LEGAL NOTICE NOTICE TO B1DDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for Materials Hauling Services by the Town of Southold for one year. Specifications and bid proposal form may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, PO Box 1179, 53095 Main Road, Southold, New York 11971. The sealed bid, together with a Non-collusive Bid Certificate and bank raft or certified check in the amount of $100.00, will be received by the Town Clerk, at the Southold Town Hall, PO Box 1179, 53095 Main Road, Southold, New York, until 10.'00 A.M., Thursday, March 7, 2013 at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Materials Hauling Services", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: February 12,2013 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON FEBRUARY 28, 2013 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the ibllowing: The Suffolk Times Town Attorney Brown's Letters Town Clerk's Bulletin Board Town Board Members Dodge Reports Burrelle's Information Services Solid Waste Coordinator Bunchuck BIDDER'S SOLICITATION MATERIALS HAULING SERVICES AGREEMENT DOCUMENTS TOWN OF SOUTHOLD STATE OF NEW YORK TOWN OF SOUTHOLD Prepared by: Solid Waste Management District P.O. Box 962 Cutchogue, NY 11935 February 2013 NOTICE TO BIDDERS MATERIALS TRUCKING SERVICES The Town of Southold will receive sealed bids for materials tracking services for the items identified herein (i.e., construction and demolition debris (C&D) and commingled recyclables consisting of tin/aluminum cans and glass and plastic containers (COM)), such bids to then be opened and publicly read aloud. The trucking services sought by the Town will involve moving C&D and COM collected at the Town's waste and recycling Transfer Station on Cox Lane in Cutchogue, NY to one or more specified destinations. THIS SOLICITATION SEEKS TRUCKING SERVICE(S) ONLY. NO DISPOSAL OR RECYCLING SERVICES ARE SOUGHT. PLACE: Office Of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 (631) 765-1800 DATE: Thursday, January 24, 2013 TIME: 10:00 AM (LATE BIDS WILL NOT BE OPENED) 2 TOWN OF SOUTHOLD MATERIALS TRUCKING SERVICES GENERAL SERVICES SOUGHT The Town seeks prices for each of the following trucking tasks, in accordance with this Bid Solicitation: TASK 1: A bid price PER TRIP, to provide equipment and labor for hauling construction & demolition debris (C&D) from the Town of Southold Transfer Station at 6155 Cox Lane, Cutchogue, NY to the Town of Brookhaven C&D Landfill at 350 Horseblock Road, Yaphank, NY. TASK 2: A bid price PER TRIP to provide equipment and labor for hauling commingled recyclables consisting of tin and aluminum cans, plastic containers, and glass bottles (COM) collected through the Town of Southold's residential recycling program, from the Town of Southold Transfer Station at 6155 Cox Lane, Cutchogue, NY to the Town of Brookhaven Materials Recovery Facility (MRF) located at 350 Horseblock Rd., Yaphank, NY. THE TOWN IS CURRENTLY UNDER INTER-MUNICIPAL AGREEMENTS (IMA) TO DELIVER THE MATERIALS COVERED BY TASK 1 AND TASK 2 TO THE BROOKHAVEN DESTINATIONS SPECIFIED. THESE DESTINATIONS ARE NOT EXPECTED TO CHANGE DURING THE TERM OF ANY CONTRACT ENTERED INTO PURSUANT TO THIS BID. BY SUBMITTING A BID FOR THESE TASKS, THE BIDDER IS COMMITTING TO DELIVER SAID MATERIALS TO THESE LOCATIONS. BASIC AWARD CRITERIA The winning bid submitted in response to this solicitation will be based on the lowest price submitted for the two TASKS combined. The Town expects a single contractor to perform both Tasks. TERM The term of this Agreement shall be ONE (1) year from commencing from the date of award, expected to be on or about March 12, 2013. The Town and the winning bidder shall have a mutual option of renewing the Agreement for an additional one year term by agreeing together in writing to do so not less than thirty (30) days prior to the expiration of the initial term, at the price(s) agreed to herein. CERTAIN OTHER CONDITIONS Bids must be made in writing on the forms furnished. The successful Bidder may be required to furnish a perforniance Bond, and insurance in accordance with the instructions in the Bid Solicitation (APPENDIX C). 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 Bid Solicitation may be picked up at: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Bidders should direct any questions concerning this solicitation to Mr. James Bunchuck, the Southold Town Solid Waste Coordinator at the Southold Town Transfer Station office 6155 Cox Lane, Cutchogue, NY 11935 (631) 734-7685. Bidders may visit the Transfer Station during normal business hours of 7:00 am - 5:00 pm, 7 days a week (except holidays). Appointments are not necessary, but may be scheduled by calling Mr. Bunchuck. Elizabeth A. Neville Town Clerk 4 TABLE OFCONTENTS GLOSSARY OF TERMS SECTION 1.0 2.0 3.0 4.0 A- SUBMISSION REQUIREMENTS Project Purpose Schedule Examination Of Agreement Documents Information to be Submitted 4.1 Contractual Bid 4.2 Supplemental Information 5.0 Bid Format 6.0 Submission of Bid 7.0 Execution Of Agreement 8.0 Consideration Of Bids 9.0 Selection Of Contractor 10.0 Acceptance of Bid 11.0 Assignment 12.0 Insurance and Bonds 12.1 Insurance 12.2 Bonds 13.0 Indemnity (Hold Harmless) 14.0 Payments 15.0 Default 16.0 Term of Agreement 17.0 Rights and Options SECTION B - BID SPECIFICATION 1.0 Requirements 2.0 Program Goals and Objectives 3.0 Character and Amounts of Materials 3.1 Quantities- C&D 3.2 Quantities- ONP 3.3 Non-Compliance Waste 4.0 Schedule of Cutchogne Transfer Station 5.0 Program Activities 5.1 Contractor Responsibilities 5.2 Town Responsibilities 5.3 Routing Mode 5.4 Town of Southold Accident and Damage Policy 6.0 NYSDEC Part 360 Permit to Operate 7.0 Compensation 8.0 Safety and Health Regulations 9.0 Contacts 10.0 Supporting Data 9 9 9 9 10 10 10 10 10 11 11 11 12 12 12 12 12 12 13 13 13 13 14 15 15 15 15 15 16 16 16 16 17 17 17 17 18 18 18 18 5 SECT[ON C - CONTRACTOR BID FORM 19 1.0 General Bid Statement 2.0 Unit Price Bid Schedule 3.0 Signature Page 20 23 24 SECTION D - APPENDICES Appendix A - Subcontractors Appendix B - Performance Bond 25 36 6 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 2013 . 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 of the first 365 days from the date a contract(s)/award(s) pursuant to this solicitation is signed by the parties. 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 the date a contract(s)/award(s) pursuant to this solicitation is signed by the parties. COMMINGLED RECYCLABLES - Shall mean glass, plastic, ferrous metal, aluminum or other material capable of being processed and recovered at the Town of Brookhaven MRF, located at the landfill complex on Horseblock Road, Yaphank, NY. 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. CONTRACT DOCUMENTS - Shall have tiao same meaning as Agreement Documents. CONTRACTOR - Shall mean the party contracting to perform the work, or the heirs, executors, administrators, agents, or successors thereof. COUNTY - Shall mean Suffolk County, State Of New York. DALLY - Sunday to Saturday, inclusive. DESTINATION SITES Permitted disposal site(s) designated by the Town/hr C&D and permitted recycling facilities designated by the Town. ~t:~tar Glossary GLOSSARY o f TenThs (cont'd) EPA - Environmental Protection Agency (Federal). HAUL SERVICES UNIT PRICE - Shall mean the Contractor's compensation in dollars for each ton of C&D debris or recyclables actually hauled from the Town Of Southold Transfer Station to the Town Designated Disposal/Recycling Site. HAZARDOUS WASTE - Shall mean (1) any "hazardous waste" as defined under the Resource Conservation and Recovery Act, 42 US.C. Section 6901 et seq., or "hazardous substance" as defined under the comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., or "hazardous waste" as defined under New York Environmental Conservation Law Section 27-0901 et seq., as each such law may be amended from time to time, and the regulations promulgated there under, and any analogous or succeeding Federal, state or local law, rule or regulation and regulations promulgated there under and (2) any other material which any governmental agency or unit having appropriate jurisdiction shall det~xmine 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. ONP - Old Recycled Newsprint brought to the Southold MSW Transfer Station by residents and curbside collection carters, including newspaper, glossy inserts, magazines, paperback books, office paper, and construction paper. ONP is NOT intended to include paper used for cleaning or hygiene purposes such as paper towels, napkins, or tissues. OSHA - Federal Williams-Steiger Occupations Safety & Health Act of 1970, plus subsequent revisions. 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. PERM1TTEE - 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, aghcultural wastes, and offal. (Solid Waste does not include C&D waste, recyclables, hazardous, or infectious waste). SUBCONTRACTOR - Shall mean an individual, firm or corporation having a direct contract with the Contractor for services, equipment, materials and/or labor. SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS AND AWARD BASIS 1.0 PROJECT PURPOSE The Town of Southold seeks bids for the hauling of construction and demolition debris (C&D) and commingled recyclables (COM) from the Town of Southold Transfer Station to specified permitted Destination Site(s) owned and operated by the Town of Brookhaven. 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 finn dates or deadlines due to the multiple parties involved in the decision making process. EVENT Bid Opening Town Board Approval Agreement Executed Operations Commencement DATE 10:00 am, March 7, 2013 March 12, 2013 On or Before March 29, 2013 Day Agreement is Executed 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 Bid Documents thoroughly; (b) become familiar with conditions at the Town of Southold Transfer Station and Destination Sites that may affect cost, progress, performance or furnishing of the work; (c) 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; (d) study any Bid and/or Agreement Documents carefully; and (e) notify the Town Clerk of all conflicts, errors or discrepancies in the Agreement Documents. The submission of a Bid becomes a representation that Bidder has complied with every requirement of this Bid Solicitation, that the Bid is based 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. 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: 4.2 Contractor Bid Form Supplemental Information as described in 4.2 Supplemental Information In addition to the aforementioned forms, the Bidder is required to submit the following supplemental information with his bid: i. A statement that the Bidder has or will acquire all manpower, materials and supplies, mobile equipment, etc., necessary to provide the Town with all services sought under the Agreement. ii. A copy of any current Permit(s) to transport C&D and/or municipal recyclables as required. iii. A list of any Subcontractors the Bidder intends to use to complete any portion of the work. 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. (SEE APPENDIX B). 5.0 BID FORMAT 6.0 Form Preparation Bid prices shall be submitted in the form described in this Bid Solicitation (SEE PAGE 25 ). Bid prices shall be properly filled in, using both words and numerals where indicated. 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. SUBMISSION OF BID Each Bidder shall submit a complete set of his Bid which shall be enclosed in a sealed 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 afier 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: Elizabeth Neville Southold Town Clerk Town Hall 53095 Main Road Southold, New York 11971 10 7.0 EXECUTION OF AGREEMENT, FURNISHING OF BONDS The successful Bidder, or its legally authorized representative, shall 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 Materials Hauling Services, if so required by the Town. Under the terms of a contract awarded pursuant to this bid, the successful Bidder may be required, at its own cost and expense, to procure, execute and deliver to the Town a Performance Bond equal to the estimated cost of trucking services provided under the terms of this bid over a period of 180 days. This bond, if required (as shown by example in Appendix B), would be maintained at the Contractor's own expense for the term of the Agreement. Failure to do so would constitute a breach of the Agreement and/or contract entered into between the parties. 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. 8.0 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 ^) provide equipment, labor, maintenance and management services to haul C&D and recyclables from the Town of Southold Transfer Station designated Destination Site(s) as set forth in Section B - Bid Specifications. B) 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). C) Provide evidence of physical and financial capability to perform services described in the bid specifications. 9.0 SELECTION OF CONTRACTOR Only bids solicited from firms or combinations thereof, who have sufficient management, operating, and maintenance experience to fulfill the Town's goads and comply ~vith the applicable local, state, Federal laws, ordinances, and regulations will be accepted. The Town will review the bids and make a selection recommendation based on the evaluation criteria included in this Bid Solicitation or take such other action as it deems in its best interest. Any agreement awarded hereunder will be to the responsible Bidder whose Evaluation Unit Bid Price is the lowest. The Town of Southold reserves the right, in its sole discretion, to reject all bids submitted in response to this Bid Solicitation. Il 10.0 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 perform the work described in the Bid Documents and to execute any other Agreement Documents that may be required by the Town. 11.0 ASSIGNMENT 12.0 12.1 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. INSURANCE AND BONDS Insurance For the period the Agreement is in effect, 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. 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 evidence that it maintains the following types and amounts of insurance: 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. General Liabitit,/(Comprehensive Fom~} 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. 12.2 Bonds 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. 13.0 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 canying out of or the performance of the terms of such Agreement, or the failurc to carry out any of the revisions, duties, services or requirements of such 15.0 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 obligation shall be ongoing, survive the term of the Agreement and include, but not be limited to, claims concerning non-sudden environmental impairments. 14.0 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 trips from the Town of Southold Transfer Station including the tonnage of all materials hauled and the manifest number for each load removed. Such payments shall be made within sixty (60) days of the Town's approval of Contractor's invoice. Contractor's monthly invoice shall include a daily summary of tonnage received by Contractor at the Transfer Station. The Town shall be entitled to deduct from any payment owing to Contractor any sums expended by the Town to cure any default or other non-compliance by Contractor. 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. 16.0 TERM OFAGREEMENT The term of this Agreement(s) shall be one (1) year commencing on the date of execution of the Agreement. The Town and the contractor(s), shall have the mutual option of renewing the Agreement for one (1) additional one (1) year term through written notice not less than thirty (30) days prior to the expiration of the term. 17.0 RIGHTS AND OPTIONS The Town of Southold, New York, reserves and holds at the following rights and options upon issuing this Bid Solicitation: I. 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 fbr 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. 13 SECTION B BID SPECIFICATIONS (TECHNICAL/MANAGEMENT) 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 (631) 765-1800) The effort, shall be known as the Town of Southold Materials Trucking Services. The Town of Southold seeks to engage a qualified Contractor to haul Construction and Demolition Debris (C&D) and commingled recyclables (COM) received at its MSW Transfer Station in Cutchogue, NY to Town-designated Destination Sites. The Town will need to dispose of approximately 2,500 tons of C&D and 1,500 tons of COM during each year of the agreement. Specifically, the contractor(s) must provide equipment, labor, maintenance, management and policies to operate a transportation system for hauling C&D and COM as described herein. The contractor must perform all work in accordance with applicable federal, state, and local regulatory requirements. 2.0 PROGRAM GOALS AND OBJECTIVES The goal of this project is the continued safe and reliable hauling and disposal of the C&D debris and COM from the Town Of Southold Transfer Station at minimum cost to the citizenry. 3.0 CHARACTER AND AMOUNTS OF MATERIALS The wastes which are to be hauled and disposed of under terms of this bid solicitation are to include typical C&D wastes and COM from a suburban community, as described in the Glossary of Terms. This Agreement will not provide any guarantees with respect to the volume of waste to be hauled and/or disposed of by Contractor. 3.1 Quantities - C&D It is believed that only about 25% of the C&D waste generated within the Town passes through the Transfer Station, as a result of relatively high tip fees that discourage use by larger commercial carters. Should economic conditions change, an increase in tonnage handled by the transfer station is possible. CURRENT PRACTICE: The Town currently utilizes a 100-cubic yard walking floor trailer for C&D removal. In 2012 the average weight of un-processed C&D in each trailer load was 17 tons (net). 3.2 Quantities- COM Projected tonnages of COM subject to hauling under this bid are expected to be more stable, in the 1,200 - 1,500 tons per year range. Changes to the Town's Recycling programs may affect the quantity and characteristics of the waste received at the Town of Southold Transfer Station. 15 CURRENT PRACTICE: The Town currently utilizes 100-cubic yard walking floor trailers for COM removal. The average weight of COM in each trailer load is 14.5 tons (net). 3.3 Non-Compliance Waste 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 by the Town. 4.0 SCHEDULE OF CUTCHOGUE TRANSFER STATION 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 Transfer Station's business office hours are 8:00 A.M. - 4:00 P.M. Monday through Friday. The Transfer Station is closed on the following holidays: New Year's Day Lincoln's Birthday Easter Sunday Independence Day Columbus Day Veterans Day Thanksgiving Christmas Martin Luther King Day Presidents Day Memorial Day Labor Day Election Day 12:00 Noon day before Thanksgiving 12:00 Noon day before Christmas 12:00 Noon day before New Year's Day 5.0 PROGRAM ACTIVITIES 5.1 Contractor Responsibilities The Contractor wilt be expected to be available to remove materials from the Transfer Station during the following hours: Monday through Sunday 7:00 A.M. to 4:00 P.M., although Sunday removals are generally not expected to be needed unless specifically requested by the Town. The Contractor will be expected to provide sufficient ti'equency of service so that C&D delivered to the Town Transfer Station can be loaded within 72 hours of its delivery, and COM is loaded upon accumulation at the Transfer Station of not more than 100 cubic yards. The Town is prepared, with adequate prior coordination, to "live load" contractor trailers/containers upon arrival at the Town Transfer Station; alternatively, the contractor may stage transfer containers at the Transfer Station for loading by Transfer Station Staff as needed. All containers shall have covers available, although any empty containers delivered to the Transfer Station for staging shall be left open. 16 THE TOWN WILL CONSIDER ALL TRANSPORT OPTIONS, WITH A PREFERENCE HOWEVER TOWARD THOSE THAT PROPOSE CONTAINERS OF A SIZE LARGE ENOUGH TO HOLD THE STANDARD MAXIMUM WEIGHT ALLOWED BY NEW YORK STATE DOT (80,000 LBS), SUCH AS 100 CUBIC YARD CAPACITY LONG-HAUL TRANSFER TRAILERS. 5.2 Town Responsibilities Town staffwill load materials into contractor containers using a front end wheel loader. For staged trailers, after loading, the Town will bring trailers to the Town's truck scales for weighing to prevent overloading and to document haul and disposal tonnages. Town personnel will then cover (tarp) the loads prior to leaving the site. The Town will at all times exercise due caution with regard to loading and/or moving the Contractor's equipment and agrees to notify the Contractor promptly of any damage or unusual occurrence with regard to the equipment while it is under the care and control of the Town. For live-loaded trailers, the contractor will be responsible for ensuring adequate coverage of the load prior to leaving the Transfer Station facility. 5.3 Routing Mode Contractor will have the right to select the route(s) for travel from the Town of Southold transfer Station to the Destination 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. 5.4 Town Of Southold Accident And Damage Policy The Contractor and The Town shall be required to prepare an Accident Report for any accidents and/or damage that occur while performing respective duties under the term of the Agreement. Both parties agree to notify the other immediately of any major occurrences such as bodily injury or structural damage to the Town's Transfer Station or the Town's or Contractor's equipment. An Accident Report will be submitted to the appropriate within twenty-four (24) hours containing the date, time, location, and complete description of all incidents. If occurring at the Town's facility, the offending parts or representative/s thereof shall also be recorded and required to sign any accident/damage report prior to departing the Town of Southold Transfer Station. 6.0 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 available for viewing at the Transfer Station business office upon request.. 17 7.0 COMPENSATION The Town will compensate the Contractor for materials hauled oo a per-trip basis. The Contractor's manifest summary may be used for billing purposes, but will be compared against the Town's scale receipts before the Town makes payment. In the event of any dispute over differences in net trip counts between the Town and Contractor's records, the Town may make payment upon the trip count 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). The Contractor shall comply with all local, state and Federal regulations, laws and statutes which apply to the work and to safety in particular. The Contractor shall comply with New York State Department of Labor current requirements. The Contractor shall be solely and completely responsible for operational safety during performance of the Agreement. The obligation exists twenty-four (24) hours a day, each and every day throughout the term of the Agreement. The Town of Southold shall not have any responsibility for means, methods, sequences 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 CONTACTS The Contractor shall provide the Town with a list of key personnel/staff that will be servicing the account for the contractor, including job title, names and telephone numbers. 10.0 SUPPORTING DATA In the event the Town requires any infbrmation in support of its' operations or to meet federal, state, or local reporting requirements, the Contractor agrees to furnish all licenses, permits and inspection reports regarding equipment and disposal sites which may be required by Town, County, State or Federal law within 48 hours of being requested by the Town. In the event the Contractor requires any information in support of its' operations or to meet federal, state, or local reporting requirements, the Town will provide such information as it applies to Southold Town operations. 18 SECTION C CONTRACTOR BID FORM SECTION C TOWN OF SOUTHOLD CONSTRUCTION MATERIAL AND/OR DEMOLITION DEBRIS SERVICES CONTRACTOR BID FORM 1.0 GENERAL BID STATEMENT TO: TOWN OF SOUTHOLD STATE OF NEW YORK 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 Gentlemen: The undersigned Bidder has carefully examined the forms and content of the Bid Solicitation, including notice to bidders, bid bond, sample operating agreement, performance bond, certificates of insurance, general conditions, bid specifications, and addenda, has familiarized itself with the sites of work, and hereby proposes to furnish all necessary services, permits, labor, materials, equipment, vehicles, and tools required to perform and complete the work in strict accordance with all of the bid documents written by or on behalf of the Town of Southold for this project. The undersigned Bidder agrees to abide by all conditions stated, intended, 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 notification of insurance within ten (10) calendar days. SECOND: To begin Materials hauling services operations on the commencement date of any Agreement awarded hereunder. 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. FOURTH: During the performance of this Agreement, the Contractor hereby agrees as follows: The Contractor shall not discriminate against any employee or applicant tbr employment because of age, race, creed, color, sex, sexual orientation, marital status, national origin, or physical disability. 20 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 tbr Human Rights under these nondiscrimination clauses and such sections of the Executive Law, and shall permit access to his books, records, and accounts by the State Commission for Human Rights, the Attorney General, and the Industrial Commissioner for purposes of investigation to ascertain compliance with these on discrimination clauses and such sections of the Executive Law and Civil Rights Law, 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 nondischmination clauses. 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. 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. 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: The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder pr/or to opening. No attempt has been made nor will be made by the Bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The undersigned also declares that it has or they have carefully examined the Bid Solicitation requirements and sample operating agreement and that it has or they have personally inspected the actual location of work, together with the local sources of supply, has or have satisfied itself or themselves as to all the quantities and conditions, and waives all rights to claim any misunderstanding, omissions or errors regarding the same which such inspection and observation would have disclosed. 21 The undersigned submits herewith a bid guaranty within the form provided by the applicable bid documents in the amount of $5,000.00 (Appendix A) for any option or combination thereot~ 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. The Bidder has completed the Contract Bid Form and Unit Price Schedules in both words and numerals in accordance with these bid requirements. 22 2.0 TASK UNIT PRICE BID SCHEDULE, MATERIALS HAULING SERVICES, SOUTHOLD TOWN, NEW YORK C&D HAULED TO BROOKHAVEN LF Container Type (i.e., trailer, roll-off, etc.): Container Size (in cu. Yds): Estimated # Trips (based on 17 tons per 100 yds) Price per trip (in words): Price per trip (in numerals): ITASK l ESTIMATED TOTAL COST (Price per trip X # of Trips): ~0o .o0 TASK 2 COMMINGLED RECYCLABLES TO TOWN OF BROOKHAVEN MRF Container Type (i.e., trailer, roll-off, etc.): TIt. e,~-eT~. Container Size (in cu. Yds): Estimated # Trips (based on 14.5 tons per/100 yds) Price per trip (in words): Price per trip (in numerals): TASK 2 ESTIMATED TOTAL COST (Price per trip X # of Trips): 23 Town of Southold Bid - Materials t lauling Services 3.0 SIGNATURE PAGE The undersigned hereby submits the foregoing prices to furnish Materials Hauling Services as described in this solicitation: Firm-Corporation Address Signature - Authorized Representative Date Print: Title 24 2.0 TASK UNIT PRICE BID SCHEDULE, MATERIALS HAULING SERVICES, SOUTHOLD TOWN, NEW YORK C&D HAULED TO BROOKHAVEN LF Container Type (i.e., trailer, mil-off, etc.): Container Size (in cu. Yds): Estimated # Trips (based on 17 tons per 100 yds) 3, ~ ..CO~ Price per tdp (in words): Price per trip (in numerals): JTASK t ESTIMATED TOTAL COST '~'/'~'(~,) c~,3"' 0 ~ [ (Price per trip X # of Trips): I TASK 2 COMMINGLED RECYCLABLES TO TOWN OF BROOKHAVEN MRF Container Type (i.e., trailer, roll-off, etc.): J~O~J Container Size (in cu. Yds): Estimated # Trips (based on 14.5 tons per/100 yds) Ijo"b~ ,'/'ONe,/kjl~ Price per trip (in words): Pdce per trip (in numerals): JTASK 2 ESTIMATED TOTAL COST (Price per trip X # of Trips): 23 Town of Southold Bid - Materials Hauling Services 3.0 SIGNATURE PAGE The undersigned hereby submits the foregoing prices to furnish Materials Hauling Services as described in this solicitation: Firm-Corporation Address ff//'/ignat ur~///~u-~o rize d Representati,~-e P~,,t: .?111 Lir. e,'T0 Date Title 24 Town of Southold Bid - Materials Ilauling Services APPENDIX A - S/JBCONTRACTORS (if applicable) The Bidder hereby states that it proposes, if awarded an Agreement to use following haul subcontractors on this project. Subcontractor/ Contract Trade Individual Address Phone # Specialties NOTE: (Au~e~t Signature) If blank not appli '~kri'e, fill itl with N/A 25 LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids arc sought and requested for Materials Hauling Services by the Town of Southold for one year. Specifications and bid proposal form may be obtained at the Office of the Town Clerk, Town of Southold, ']'own Hall, PO Box 1179, 53095 Main Road, Southold, New Ym'k 11971. The sealed bid, will be received by the Town Clerk, at the Southold Town Hall, PO Box 1179, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, March 7, 2013 at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best interest of thc Town of Southold to do so. Alt bids must be signed and sealed in envelopes plainly marked "Bid on Materials Hauling Services",~and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which thc Town of Southold is exempt. Dated: February 12, 2013 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON FEBRUARY 28, 2013 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Attorney Brown's Letters Town Clerk's Bulletin Board Town Board Members Dodge Repons Burrelle's Information Services Solid Waste Coordinator Bunchuck BIDDER'S SOLICITATION MATERIALS HAULING SERVICES AGREEMENT DOCUMENTS TOWN OF SOUTHOLD STATE OF NEW YORK TOWN OF SOUTHOLD Prcparcd by: Solid Waste Management District P.O. Box 962 Cutchogue, NY 11935 February 2013 NOTICE TO BIDDERS MATERIALS TRUCKING SERVICES The Town of Southold will receive sealed bids 1hr materials trucking services fbr the items identified herein (i.e., construction and demolition debris (C&D) m~d commingled recyclables consisting of tin/aluminum cans and glass and plastic containers (COM)), such bids to then be opened and publicly read aloud. The trucking services sought by the Town will involve moving C&D m~d ('.OM collected at thc Town's waste and recycling Transfer Station on Cox Lane in Cutchogue, NY to one or more specified destinations. THIS SOLICITATION SEEKS TRUCKING SERVICE(S) ONLY. NO DISPOSAL OR RECYCLING SERVICES ARE SOUGHT. PLACE: Office Of the Town Clerk Southold Town tlall 53095 Makn Road Southold, New York 11971 (631) 765-1800 DATE: Thursday, March 7, 2013 TIME: 10:00 AM (LATE BIDS WI[,L NO]' BE OPENED) TOWN OF SOUTHOLD MATERIALS TRUCKING SERVICES GENERAL SERVICES SOUGHT The Town seeks prices for each of the following trucking tasks, in accordance with this Bid Solicitation: TASK 1: A bid price PER TRIP, to provide equipment and labor for hauling construction & demolition debris (C&D) from the Town of Southoid Transfer Station at 6155 Cox Lane, Cutchogue, NY to the Town of Brookhavcn C&D Landfill at 350 Horseblock Road, Yaphank, NY. TASK 2: A bid price PER TRIP to provide equipment and labor for hauling commingled recyclables consisting of tin and aluminum cans, plastic containers, and glass botlles (COM) collected through the Town of Southold's residential recycling program, from the Town of Southold Transfer Station at 6155 Cox Lane, Cutchogue, NY to the Town of Brookhaven Materials Recovery Facility 0VIRF) located at 350 Horseblock Rd., Yaphank, NY. THE TOWN IS CURRENTLY UNDER INTER-MUNICIPAL AGREEMENTS (1MA) TO DELIVER THE MATERIALS COVERED BY TASK 1 AND TASK 2 TO THE BROOKHAVEN DESTINATIONS SPECIFIED. THESE DESTINATIONS ARE NOT EXPECTED TO CHANGE DURING THE TERM OF ANY CONTRACT ENTERED INTO PURSUANT TO THIS BID. BY SUBMITTING A BID FOR THESE TASKS, THE BIDDER IS COMMITTING TO DELIVER SAID MATERIALS TO THESE LOCATIONS. BASIC AWARD CRITER1A The winning bid submitted in response to this solicitation will be based on the lowest price submitted for the two TASKS combined. The Town expects a single contractor to perform both Tasks. TERM The term of this Agreement shall be ONE (t) year fi'om commencing from the date of award, expected to be on or about March 12, 2013. The Town and the winning bidder shall have a mutual optioa of renewing the Agreement for an additional one year term by agreeing together in writing to do so not less than thirty (30) days prior to the expiration of the initial term, at the price(s) agreed to herein. CERTAIN OTHER CONDITIONS Bids mast be made in writing on the tbrms furnished. The successful Bidder may be required to furnish a performance Bond, and insurance in accordance with the instructions in the Bid Solicitation (APPENDIX C). 3 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 'I'own 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 lbrms 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 Bid Solicitation may be picked up at: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Bidders should direct any questions concerning this solicitation to Mr. James Bunchuck, the Southold Town Solid Waste Coordinator at the Southold Town Transfer Station office 6155 Cox Lane, Cutchogue, NY 11935 (63t) 734-7685. Bidders may visit the Transfer Station during normal business hours of 7:00 am - 5:00 pm, 7 days a week (except holidays). Appoimments am not necessary, but may be scheduled by calling Mr. Bunchuck. Elizabeth A. Neville Town Clerk TABLE OFCONTENTS GLOSSARY OF TERMS SECTION A- SUBMISSION REQUIREMENTS 1.0 Project Purpose 2.0 Schedule 3.0 Examination Of Agreement Documents 4.0 Information to be Submitted 4.1 Contractual Bid 4.2 Supplemental Information 5.0 Bid Format 6.0 Submission of Bid 7.0 Execution Of Agreement 8.0 Consideration Of Bids 9.0 Selection Of Contractor 10.0 Acceptance of Bid 11.0 Assignment 12.0 Insurance and Bonds 12.1 lnsurm~ce 12.2 Bonds 13.0 Indemnity (Hold lfarmless) 14.0 Payments 15.0 Default 16.0 Term o£Agreement 17.0 Rights and Options SECTION B - BID SPECIFICATION 1.0 Requirements 2.0 Program Goals and Objectives 3.0 Character and Amounts of Materials 3.1 Quantities - C&D 3,2 Quantities - ONP 3.3 Non-Compliance Waste 4.0 Schedule of Cutchogue Transfer Station 5.0 Program Activities 5.1 Contractor Responsibilities 5.2 Town Responsibilities 5,3 Routing Mode 5.4 Town of Southold Accident and Damage Policy 6.0 NYSDEC Part 360 Permit to Operate 7.0 Compensation 8.0 Safety and Itealth Regulations 9.0 Contacts 10.0 Supporting Data 7 9 9 9 9 10 10 10 10 10 11 11 11 12 12 12 12 12 12 13 13 13 13 14 15 15 15 15 15 16 16 16 16 17 17 17 17 18 18 18 18 5 SECTION C - CONTRACTOR BID FORM 19 1.0 General Bid Statement 2.0 Unit Price Bid Schedule 3.0 Signature Page 20 23 24 SECTION D - APPENDICES Appendix A -- Subcontractors Appendix B Performance Bond 25 26 6 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 nrean 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 2013 . AGREEMENT DOCUMENTS - Shall include the notice to bidders, instructions, bid solicitation, bid Forms, information schedules, proposal, payment bond, bid bond, Agreement, pcrtbrmance bond, ccrtificatcs of insurance, glossary of terms m~y general conditions or special conditions, and any addenda. Thc Agreement Documents wilt Form a part of the Agreement. AGREEMENT YEAR - Shall mean the period of the first 365 days from the date a contract(s)/award(s) pursuant to this solicitation is signed by the parties. 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 thereaftcr 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 the date a contract(s)/award(s) pursuant to this solicitation is signed by the parties. COMMINGLED RECYCLABLES - Shall mean glass, plastic, ferrous metal, aluminum or other material capable of being processed and recovered at the Town of Brookhaven MRF, located at the landfill complex on ttorseblock Road, Yaphamk, NY. CONSTRUCTION MATERIALS AND/OR DEMOLITION DEBRIS (C&D) - Shall mean solid waste resulting l¥om 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. CONTRACT DOCUMENTS - Shall have the same meaning as Agreement Documents. CONTRACTOR - Shall mean the party contracting to perform the work, or the heirs, executors, administrators, agents, or successors thereof. COUNTY - Shall mem~ Suffolk County, State Of New York. DAILY ~ Sunday to Saturday, inclusive. DESTINATION SITES - Permitted disposal site(s) designated by the Town for C&D and permitted recycling l~acilitics designated by the Town. GLOSSARY Glossary of Terms (cont'd) EPA - Environmental Protection Agency (Federal). HAUL SERVICES UNIT PRICE - Shall mean the Contractor's compensation in dollars for each ton of C&D debris or recyclables actually hauled from the Town Of Southold Transfer Station to the Town Designated Disposal/Recycling Site. HAZARI)O[JS WASTE - Shall mean (11 any "hazardous waste" as defined under the Resource Conservation and Recovery Act, 42 US.C. Section 6901 et seq., or "hazardous substance" as defined under the comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 ct seq., or "hazardous waste" as defined under New York Environmental Conservation Law Section 27-0901 et seq., as each such law may be amended from time to time, and the regulations promulgated there under, and any analogous or succeeding Federal, state or local law, rule or regulation and regulations promulgated there under 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 AWA[~D ~ 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, snbject to compliance with all their terms and conditions of the Agreemant Documents. NYSDEC - New York State Department Of Environmental Conservation. ONP - Old Recycled Newsprint brought to the Southold MSW Trm~sfer Station by residents and curbside collection carters, including newspaper, glossy inserts, magazines, paperback books, office paper, and construction paper. ONP is NOT intended to include paper used lbr cleaning or hygiene purposes such as paper towels, napkins, or tissues. OSHA - Federal Williams-Steiger Occupations Safety & Health Act of 1970, plus subsequent revisions. PERMIT - Shall mean any and all pem~its, licenses, approvals, certificates of public convenience and necessity, Franchises or authorizations which must be issued by any Governmental Body having .iurisdiction 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 (l.'ederal). SOLID WASTE - Shall mean all putrescible and non-putrescible materials or substances, including but not limited to garbage, ret'use, rubbish, ashes, agricultural wastes, and offal. (Solid Waste does not include C&D waste, recyclables, hazardous, or infectious waste). SUBCONTRACTOR - Shall mean an individual, firm or corporation having a direct contract with the Contractor for services, equipment, materials and/or labor. SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS AND AWARD BASIS 1.0 PROJECT PURPOSE The Town of Southold seeks bids tbr the hauling of construction and demolition debris (C&D) and commingled mcyclables (COM) from thc Town of Southold Transfer Station to specified permitted Destination Site(s) owned and operated by the Town of Brookhaven. 2.0 SCHEDULE The schedule below is an estimate of the time period leading up to the commencement of the Agreement. lts 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 Bid Opening Town Board Approval Agreement Executed Operations Commencement DATE 10:00 am, March 7, 2013 March 12, 2013 On or Before March 29, 2013 Day Agreement is Executed 3.0 EXAMINATION OF AGREEMENT DOCUMENTS, FAMILIAI~ITY WITH TIlE WORK It is the responsibility of each Bidder before submitting a Bid to (a) examine the Bid Documents thoroughly; (b) become familiar with conditions at the Town of Southold Transfer Station and Destination Sites that may affect cost, progress, performance or furnishing of the work; (c) become familiar with and consider all federal, state and local laws, regulations ordinances, pemfits, approvals and orders that may effect the cost, progress, performance or furnishing of the work; (d) study any Bid and/or Agreement Documents carefully; and (e) notify the Town Clerk of all conflicts, errors or discrepancies in the Agreement Documents. The submission of a Bid becomes a representation that Bidder has complied with every requirement of this Bid Solicitation, that the Bid is based 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 perf~mning and furnishing the work. 4.0 INFORMATION TO BE SUBMITTED WI'IH PROPOSAL 4.1 Contractual Bid For the purpose of assisting the Town in detemfining the responsible Bidders for this Bid Solicitation, the Bidder is required to submit the following minimum information with his bid: 4.2 Contractor Bid Form Supplemental Information as described in 4.2 Supplemental Infbrmation In addition to the aforementioned tbrms, the Bidder is required to submit the following supplemental information with his bid: A statement that the Bidder has or will acquire all manpower, materials and supplies, mobile equipment, etc., necessary to provide the Town with all services sought under the Agreement. ii. A copy of any current Permit(s) tt~ transport C&D m~d/or municipal rccyclables as required. iii. A list of any Subcontractors the Bidder intends to use to complete any portion of the work. 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), thc proposed change must be submitted to the Town for approval. (SEE APPENDIX B). 5.0 BID FORMAT 6.0 Form Preparation Bid prices shall be submitted in the form described in this Bid Solicitation (SEE PAGE 25 ). Bid prices shall be properly filled in, using both words and numerals where indicated. BIDS SHALl, NOT BE QUALIFIED, MODIFIED, LIMH'ED 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 ofthe missing information. SUBMISSION OF BID Each Bidder shall submit a complete set of his Bid which shall be enclosed in a sealed envelope plainly xnarked 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 Biddem. Bids received after the time set for the opening will be returned to Bidders unopened. When sent by mail, preferably registered, the se~ed Bid, marked as above, should be enclosed in an additional envelope similarly marked and addressed to: Elizabeth Neville Southold Town Clerk Town Hall 53095 Main Road Southold, New York 11971 10 7.0 EXECUTION OF AGREEMENT, FURNISHING OF BONDS The successful Bidder, or its legally authorized representative, shall appear in person within ten (10) days of thc Notice of Award by the Town at the place and time designated by thc Town to execute the Agreement and other Agreement Documents for Materials Hauling Services, if so required by the Tnwn. Under the terms cfa contract awarded pursuant to this bid, the successful Bidder may be required, at its own cost and expense, to procure, execute and deliver to the Town a Performance Bond equal to the estimated cost of trucking services provided under the terms of this bid over a period of 180 days. This bond, if required (as shown by example in Appendix B), would be maintained at the Contractor's own expense for the term of the Agreement. Failure to do so woutd constitute a breach of the Agreement and/or contract entered into between the parties. 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. 8.0 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 thc best interests of the Town. To be considered responsive to this Bid Solicitation, each Bidder shall ^) provide equipment, labor, maintenance and management services to haul C&D and recyclables from the Town of Southold Transfer Station designated Destination Site(s) as set forth in Section B - Bid Specifications. B) Provide evidence of all current valid state and Federal permits, licenses, local ordiuances, etc., required by law to receive construction and debris at the designated Disposal Site(s). C) Provide evidence of physical and financial capability to perform services described in the bid specifications. 9.0 SELECTION OF CONTRACTOR Only bids solicited from firms or combinations thereof, who have sufficient management, operating, and maintenance experience to fulfill the Town's goads and comply with the applicable local, state, Federal laws, ordinances, and regulations will be accepted. The Town will review the bids and make a selection recommendation based on the evaluation criteria included in this Bid Solicitation or take such other action as it deems in its best interest. Any agreement awarded hereunder will be to the responsible Bidder whose Evaluation Unit Bid Price is the lowest. The Town of Southold reserves the right, in its sole discretion, to reject all bids submitted in response to this Bid Solicitation. 11 I0,0 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 ora Bid. The acceptance ora Bid shall bind the successful Bidder to pertbrm the work described in the Bid Documents and to execute any other Agreement Documents that may be required by the Town. I 1.0 ASSIGNMENT 12.0 12.1 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. INSURANCE AND BONDS Insurance For the period the Agreement is in effect, 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. 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 famish to the Town evidence that it maintains the following types and amounts of insurance: 2 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 pertbrmed 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 Ii fe of said Agreement such employees in compliance with provisions of the Worker's Compensation Law. 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. 12.2 Bonds 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. 13.0 INDEMNITY (HOLD HARMLESS) Comractor 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 mid 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 thc 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 12 15.0 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 obligation shall be ongoing, survive the term of the Agreement and include, but not be limited to, claims concerning non-sudden environmental impairments. 14.0 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 trips from the Town of Southold Transfer Station including the tonnage of all materials hauled and the manifest number for each load removed. Such payments shall be made within sixty (60) days of the Town's approval of Contractor's invoice. Contractor's monthly invoice shall include a daily summary of tonnage received by Contractor at the Transfer Station. The Town shall be entitled to deduct from any payment owing to Contractor any sums expended by the Town to cure any default or other non-compliance by Contractor. 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 lbr 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 ]'own reserves the right to terminate the Agreement for just cause. 16.0 TERM OFAGREEMENT The term of this Agreement(s) shall be one (1) year commencing on the date of execution of the Agreement. The Town and the contractor(s), shall have the mutual option of renewing the Agreement for one (1) additional one (1) year term through written notice not less than thirty (30) days prior to the expiration of the term. 17.0 RIGHTS AND OPTIONS The Town of Southold, New York, reserves and holds at the following rights and options upon issuing this Bid Solicitation: 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. To re. ject any and/or all bids. To issue subsequent bid solicitations. To issue additional and subsequent solicitations for statements of qualifications, and conduct investigations or interviews with respect to the qualifications of each Bidder. 5. To desigmate 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. 13 SECTION B BID SPECIFICATIONS (TECHNICAL/MANAGEMENT) ]4 SECTION B BID SPECIFICATIONS TECHNICAL/MANAGEMENT 1.0 REQUIREMENTS This request tbr bids is issued R~r the Town of Southold, State of New York, Town Hall, 53095 Main Road, Southold, New York, 11971 (Telephone (631) 765-1800) The effort, shall be known as the Town of Southold Materials Trucking Services. The Town of Southold seeks to engage a qualified Contractor to haul Construction and Demolition Debris (C&D) and cmnmingled recyclables (COM) received at its MSW Transfer Station in Cutchogue, NY to Town-designated Destination Sites. The Town will need to dispose of approximately 2,500 tons of C&D and 1,500 tons of COM during each year of the agreement. Specifically, the contractor(s) must provide equipment, labor, maintanance, management and policies to operate a transportation system for hauling C&D and COM as described herein. The contractor must perform all work in accordance with applicable federal, state, and local regulatory requirements. 2.0 PROGRAM GOALS AND OBJECTIVES The goal of this project is the continued safe and reliable hauling and disposal of the C&D debris and COM from the Town Of Southold Transl~r Station at minimum cost to the citizenry. 3.0 CHARACTER AND AMOUNTS OF MATERIALS The wastes which are to be hauled and disposed of under terms of this bid solicitation are to include typical C&D wastes and COM from a subarban commanity, as described in the Glossary of Terms. This Agreement wilI not provide any guarantees with respect to the volume of waste to be hauled and/or disposed of by Contractor. 3.1 Quantities C&D It is believed that only about 25% of the C&D waste generated within the Town passes through the Transfer Station, as a result of relatively high tip fees that discourage use by larger commercial ca, ers. Should economic conditions change, an increase in tonnage handled by the transfer station is possible. CURRENT PRACTICE: The Town currently utilizes a 100-cubic yard walking floor trailer for C&D removal. In 2012 the average weight of un-processed C&D in each trailer load was 17 tons (net). 3.2 Quantities - COM Projected tonnages of COM subject to hauling under this bid are expected to be more stable, in the 1,200 1,500 tons per year range. Changes to the Town's Recycling programs may affect the quantity and characteristics of the waste received at the Toum of Southold Transl~r Station. 15 CURRENT PR.ACTICE: The ']['own currently utilizes 100-cubic yard walking floor trailers for COM removal. The average weight of COM in each trailer load is 14.5 tons (net). 3.3 Non-Compliance Waste lithe 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 by the Town. 4.0 SCHEDULE OF CUTCHOGUE TRANSFER STATION The Tovm of Southold Transfer Station is open 7 days a week, except holidays, from 7:00 A.M. to 5:00 P.M. The Transfer Station's business office hours are 8:00 A.M. - 4:00 P.M. Monday through Friday. The Transfer Station is closed on the following holidays: New Year's Day Lincoln's Birthday Easter Sunday Independence Day Columbus Day Veterans Day Thanksgiving Christmas Martin Luther King Day Presidents Day Memorial Day Labor Day Election Day 12:00 Noon day bel:ore Thanksgiving 12:00 Noon day before Christmas 12:00 Noon day before New Year's Day 5.0 PROGRAM ACTIVITIES 5.1 Contractor Responsibilities The Contractor will be expected to be available to remove materials from the Transfer Station during the following hours: Monday through Sunday 7:00 A.M. to 4:00 P.M., although Sunday removals are generally not expected to be needed unless specifically requested by the Town. The Contractor wilI be expected to provide sufficient frequency of service so that C&D delivered to the Town Transfer Station can be loaded within 72 hours of its delivery, and COM is loaded upon accumulation at the Transfer Station of not more than 100 cubic yards. The Town is prepared, with adequate prior coordination, to "live load" contractor trailers/containers upon arrival at the Town Transfer Station; alternatively, the contractor may stage transfer containers at the Transfer Station for loading by Transfer Station Staff as needed. All containers shall have covers available, although any empty containers delivered to the TransfEr Station for staging shall be left open. 16 THE TOWN WILL CONSIDER ALL TRANSPORT OPTIONS, WITH A PREFERENCE HOWEVER TOWARD THOSE THAT PROPOSE CONTAINERS OF A SIZE LARGE ENOUGH TO HOLD THE STANDARD MAXIMUM WE1GHT ALLOWED BY NEW YORK STATE DOT (80,000 LBS), SUCH AS 100 CUBIC YARD CAPACITY LONG-HAUL TRANSFER TRAILERS. 5.2 Town Responsibilities Town staff will load materials into contractor containers using a fi-ont end wheel loader. For staged trailers, after loading, thc Town will bring trailers to the Town's truck scales ~br weighing to prevent overloading and to document hanl and disposal tonnages. Town personnel will then cover (tarp) the loads prior to leaving the site. The Town will at all times exercise due caution with regard to loading and/or moving the Contractor's equipment and agrees to notify the Contractor promptly of any damage or unusual occurrence with regard to the equipment while it is under the care and control of the Town. For live-loaded trailers, the contractor will be responsible fbr ensuring adequate coverage of the load prior to leaving the Transfer Station facility. 5.3 Routing Mode Contractor will have the right to select the route(s) for travel from the Town of Southold transfer Station to the Destination Site(s). Contractor warrants and guarantees that, in selecting and utilizing such mute(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. 5.4 Town Of Southold Accident And Damage Policy The Contractor and The Town shall be required to prepare an Accident Report for any accidents and/or damage that occur while performing respective duties under the term of the Agreement. Both parties agree to noti~}' the other immediately of any major occurrences such as bodily injury or structural damage to the Town's Transfer Station or the Town's or Contractor's equipment. An Accident Report will be submitted to the appropriate within twenty-four (24) hom-s containing the date, time, location, and complete description of all incidents. If occurring at the Town's facility, the offending parts or representative/s thereof shall also be recorded and required to sign any accident]damage report prior to departing the Town of Southold Transfer Station. 6.0 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 available for viewing at the Transfer Station business officc upon request.. 17 7.0 COMPENSATION The Town will compensate the Contractor for materials hauled on a per-trip basis. The Contractor's manifest summary may be used for billing purposes, bet will be compared against the Town's scale receipts before the Town makes payment. In the event of any dispute over differences in net trip counts between the Town and Contractor's records, the Town may make payment upon the trip count 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 thc Town's calculation shall be deemed final and binding between the parties. 8.0 SAFETY AND tlEALTH 1LEGULATIONS 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 Flours and Safety Standards Act (PL 91-54). 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. ']['he Contractor shall bc solely and completely responsible for operational safety during performance of the Agreement. Thc obligation exists twenty-tbur (24) hours a day, each and every day throughout the term of the Agreement. The Town of Southold shall not have any responsibility for means, methods, sequences 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 CONTACTS The Contractor shall provide the Town with a list of key persotmel/staff that will be servicing the account for the contractor, including job title, names and telephone numbers. 10.0 SUPPORTING DATA In the event the Town requires any information in support of its' operations or to meet federal,state, or local reporting requirements, the Contractor agrees to furnish all licenses, pemfits and inspection repons regarding equipment and disposal sites which may be required by Town, County, State or Federal law within 48 hours of being requested by the Town. In the event the Contractor requires any information in support of its' operations or to meet federal, state, or local reporting requirements, the Town will provide such information as it applies to Southold Town operations. 18 SECTION C CONTRACTOR BID FORM SECTION C TOWN OF SOUTHOLD CONSTRUCTION MATERIAL AND/OR DEMOLITION DEBRIS SERVICES CONTRACTOR BID FO1LM 1.0 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 fanfiliarized 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 alt of the bid documents written by or on behalf of the Town of Southold for this project. The undersigned Bidder agrees to abide by all conditions stated, intended, 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 notification of insurance within ten (10) calendar days. SECOND: To begin Materials hauling services operations on the commencement date of any Agreement awarded hereunder. TtlIRD: To pay the Town any and all damages it may incur as a result of the Contractor's failure to perlbrm all acts necessary to the execution of the Agreement as provided in the Bid Solicitation. FOURTH: During the performance of this Agreement, the Contractor hereby agrees as follows: The Contractor shall not discriminate against any employee or applicam for employment because of age, race, creed, color, sex, sexual orientation, marital status, national origin, or physical disability. 2O The Contractor shall comply with the provisions of Sections 290 fln'ough 301 of the Executive Law, shall furnish all information and reports deemed necessary by the State Commission for ftuman 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 Comm/ssion for Human Rights, the Attorney General, and the Industrial Connnissioner for purposes of investigation to ascertain compliance with these on discrimination clauses and such sections of the Executive Law and Civil Rights Law, 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. 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. 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. 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 belied The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening. No attempt has been made nor will be made by the Bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The undersigned also declares that it has or they have carefully examined the Bid Solicitation requirements and sample operating agreement and that it has or they have personally inspected the actual location of work, together with the local sources of supply, has or have satisfied itself or themselves as to all the quantities and conditions, and waives all rights to claim any misunderstanding, omissions or errors regarding the same which such inspection and observation would have disclosed. 21 The undersigned submits herewith a bid guaranty within the form provided by the applicable bid documents in the amount of $5,000.00 (Appendix A) for any option or combination thereof. In the event this proposal is accepted, and the undersigned fails, within ten (I0) 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 thc amounts required and in the prescribed form within ten (t 0) days after Notice of Award, the bid guaranty shall be forfeited and be retained by thc 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. The Bidder has completed the Contract Bid Form and [.Init Price Schedules in both words and nmnerals in accordance with these bid requirements. 22 Town of Southold Bid Materials Hauling Services APPENDIX B - FORM OF PERFORMANCE BOND (if required) 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 thc "Owner") in the lull and just sum of dollars (TBD) good and lawful money of the United States of America, for the payment of which sum of money, well and truly to be made and done, the Principal binds himself, his heirs, executors, administrators and assigns and the Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has cntarcd into a certain written Agreement bearing date on the __ day of ..... 20 ....... with the Owner for the Town of Southold construction debris and recycled newspaper Haul Services, a copy of which Agreement is annexed to and hereby made part of tlfis bond as though herein set forth in full. NOW, TllEREFORE, the conditions of this obligation are such that if the Principal, his or its representatives or assigns, shall well and lhithlhlly 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 outlaw 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 ~owing 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 inl¥ingement 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 lull force and el'fect; Performance Bond Appendix B Page 1 of 2 Towa of Southold Bid -~ Materials Hauling Services PROVIDED, t 1OWEVER, the Surety, for value received hereby stipulates and agrees, if requested to do so by the Owner, fully perform and complete the work mentioned and described in said Agreemem, pursuant to the terms, conditions, and covenants thereof, if for any cause the Principal falls or neglects to so fully perform and complete such work and the Surety further agrees to cmnmcnce such work of completion within ten (10) calendar days after written notice thereof from the Owner and to complete such work within ten (10) calendar days from the expiration of the time allowed the Principal in the Agreement the completion thereof'; and further PROVIDED, HOWEVER, the Surety, for value received, for itself and its successors and assigns, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by an extension of time, modification, work to be performed thereunder, or by any payment thereunder before the time required herein, or by any waiver of any provisions thereof, or by any assignment, subletting or other transfer of any work to be performed or any monies due or to become due thereunder; and said Surety does hereby waive notice of any and all of such extensions, modifications, omissions, additions, changes, payments, waivers, assignments, subcontracts and transfers, and hereby expressly stipulates and agrees that any and all things done and omitted to be done by and in relation to assignees, subcontractors, and other transferees shall have the same effect as to said Surety as though done or omitted to be done be or in relation to said Principal. 1N WITNESS WHEREOF, the Principal has hereunto set his (their, its) hand and seal and the Surety has caused this instrument to be signed by its , and its corporate seal to be hereunto affixed this day ot} 20 (If Corporation add Seal and Attestation) Principal By: Attest: (If Corporation add Seal and Attestation) By: Attest: Address of Surety Surety Pertbrmance Bond Appendix B Page 2 of 2 27 2.0 TASK UNIT PRICE BID SCHEDULE, MATERIALS HAULING SERVICES, SOUTHOLD TOWN, NEW YORK C&D HAULED TO BROOKHAVEN LF Container Type (i.e., trailer, roll-off, etc.): Container Size (in cu. Yds): Estimated # Trips (based on 17 tons per 100 yds) Price per trip (in words): Price per trip (in numerals): ITASK 1 ESTIMATED TOTAL COST (Price per trip X # of Trips): TASK 2 COMMINGLED RECYCLABLES TO TOWN OF BROOKHAVEN MRF Container Type (i.e., trailer, roll-off, etc.): Container Size (in cu. Yds): Estimated # Trips (based on 14.5 tons per/100 yds) Price per trip (in words): Price per trip (in numerals): IO3, TASK 2 ESTIMATED TOTAL COST (Price per trip X # of Trips): Town of Southold Bid - Materials liauling Services 3.0 SIGNATURE PAGE The undersigned hereby submits the foregoing prices to furnish Materials Hauling Services as described in this solicitation: Bidder: ~..o __,~,9_C_~ _~. '_,~ - Firm-Corporation By: Signature - Au'thon~"i~'~r Representative Print: .2,$ Address 0-3 -'-/-~ 3 Date Title 24 Town of Southold Bid -- Materials l lauiing Services APPENDIX A - SllBCONTRACTORS (if applicable) The Bidder hereby states that it proposes, if awarded an Agreement to use following haul subcontractors on this project. Subcontractor/ Contract Trade Individual. l:a Address Phone# Specialties Name of Bidder:~Lkrx, i}a By: __Date: (Authori~ure) NOTE: If blm~k not applicabl, e, fill in with N/A 25 Town of Southold Bid Materials Hauling Services 3.0 SIGNATURE PAGE The undersigned hereby submits the foregoing prices to furnish Materials Hauling Services as described in this solicitation: Firm-Corporation Address Signature - Authorized Representative Date Title 24 SECTION C CONTRACTOR BID FORM SECTION C TOWN OF SOUTttOLD CONSTRIJCTION MATERIAL AND/OP, DEMOLITION DEBRIS SERVICES CONTRACTOR BID FORM 1.0 GENERAL BID STATEMENT TO: TOWN OF SOUTHOLD STATE OF NEW YORK 53095 MAiN ROAD SOUTHOLD, NEW YORK 11971 Gentleman: 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 Pamiliarized 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 lbr this project. The undersigned Bidder agrees to abide by all conditions stated, intended, implied both particularly and generally by the terms of this Bid Solicitation, the Agreement to be provided by the Town, mad 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 notification of insurance within ten (10) calendar days. SECOND: To begin Materials hauling services operations on the commencement date of any Agreement awarded hereunder. TflIRD: 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. FOURTH: During the performance of this Agreement, the Contractor hereby agrees as follows: Thc Contractor shall not discriminate against any employee or applicant for employment because of age, race, creed, color, sex, sexual orientation, marital status, national origin, or physical disability. 20 The Contractor shall comply with the provisions of Sections 290 through 301 of the Executive Law, shall thrnish all information and reports deemed necessary by the State Commission for Human Rights under these nondiscrimination clauses and such sections of the Executive Law, and shall permit access to his books, records, and accounts by the State Commission for Human Rights, the Attorney General, and the Industrial Commissioner for purposes of investigation to ascertain compliance with these on discrimination clauses and such sections of the Executive Law and Civil Rights Law, This Agreement may be forthwith cancelled, terminated, or suspended, in whole or in part, by the Town upon the basis ora finding made by the State Commission for Human Rights that the Contractor has not complied with these nondiscrimination clauses. 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. 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. 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: The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening. No attempt has been made nor will be made by the Bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The undersigned also declares that it has or they have carefully examined the Bid Solicitation requirements and sample operating agreement and that it has or they have personally inspected the actual location of work, together with the local sources of supply, has or have satisfied itself or themselves as to all the quantities and conditions, and waives all rights to claim any misunderstanding, omissions or errors regarding the same which such inspection and observation would have disclosed. 21 The undersigned submits herewith a bid guaranty within the form provided by the applicable bid documents in the amount of $5,000.00 (Appendix A) 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 t~rfeited and be retained by thc 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. The Bidder has completed the Contract Bid Form and Unit Price Schedules in both words and numerals in accordance with these bid requirements. 22 #11088 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 28th day of February 2013. Principal Clerk Sworn to before me this CHRiSTiNA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK Na. 01VO6105050 Qualified In Suffolk County MV Commission Expires February 28, 2016 LEGALNOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for Materials Hauling Services by the Town of Southold for one year. Specifications and bid proposal form may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, PO Box 1179, 53095 Main Road, Southold, New York 11971. The sealed bid, together with a Non-collusive Bid Certificate and bank raft or certified check in the amount of $100.00, will be received by the Town Clerk, at the Southold Town Hall, PO Box 1179, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, March 7, 2013 at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Materials Hauling Services", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: February 12, 2013 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON FEBRUARY 28, 2013 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Attorney Brown's Letters Town Clerk's Bulletin Board Town Board Members Dodge Reports Burrelle's Information Services Solid Waste Coordinator Bunchuck STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being that on the ~ I day of ~.x. ii~2~, 2013, she affixed a duly sworn, says notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. RE-bid for Materials Hauling Services ~lElizabeth A. N~ville Southold Town Clerk Sworn before me this ~ day of~, 2013. v N~)tary Public LYNDA M. RUDDER Notary Public, State of New York No. 01RU6020932 Qualified in Suffolk County Commission Expires March 8, 20 r~3 Postage nj $ $0.~ $3 · 10 S2.55 · Complete items 1,2, and 3. Also cernpiste Item 4 If Restricted Delivery Is deshed. · Print your name and addre~ on the reverse so that we cen return the cerd to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Art!cie Add to: [] ~ent :lellve~ address different from Item 1 ? DYes If YES, e~ter delivery address below. [] No [~ r"l Insured Mall [] C.O.D, 2. Article Number (Tr~sf~r from ~n,'Ice lebel) : PS Form 3811, February 2004 7009 0820 0001 7820 8662 BIDDER'S SOLICITATION MATERIALS HAULING SERVICES AGREEMENT DOCUMENTS TOWN OF SOUTHOLD STATE OF NEW YORK TOWN OF SOUTHOLD Prepared by: Solid Waste Management District P.O. Box 962 Cutchogue, NY 11935 February 2013 NOTICE TO BIDDERS MATERIALS TRUCKING SERVICES The Town of Southold will receive sealed bids for materials trucking services for the items identified herein (i.e., construction and demolition debris (C&D) and commingled recyclables consisting of tin/aluminum cans and glass and plastic containers (COM)), such bids to then be opened and publicly read aloud. The trucking services sought by the Town will involve moving C&D and COM collected at the Town's waste and recycling Transfer Station on Cox Lane in Cutchogue, NY to one or more specified destinations. THIS SOLICITATION SEEKS TRUCKING SERVICE(S) ONLY. NO DISPOSAL OR RECYCLING SERVICES ARE SOUGHT. PLACE: Office Of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 (631) 765-1800 DATE: Thursday, January 24, 2013 TIME: 10:00 AM (LATE BIDS WILL NOT BE OPENED) 2 TOWN OF SOUTHOLD MATERIALS TRUCKING SERVICES GENERAL SERVICES SOUGHT The Town seeks prices for each of the following tracking tasks, in accordance with this Bid Solicitation: TASK 1: A bid price PER TRIP, to provide equipment and labor for hauling construction & demolition debris (C&D) from the Town of Southold Transfer Station at 6155 Cox Lane, Cutchogue, NY to the Town of Brookhaven C&D Landfill at 350 Horseblock Road, Yaphank, NY. TASK 2: A bid price PER TRIP to provide equipment and labor for hauling commingled recyclables consisting of tin and aluminum cans, plastic containers, and glass bottles (COM) collected through the Town of Southold's residential recycling program, from the Town of Southold Transfer Station at 6155 Cox Lane, Cutchogue, NY to the Town of Brookhaven Materials Recovery Facility (MRF) located at 350 Horseblock Rd., Yaphank, NY. THE TOWN IS CURRENTLY UNDER INTER-MUNICIPAL AGREEMENTS (IMA) TO DELIVER THE MATERIALS COVERED BY TASK 1 AND TASK 2 TO THE BROOKHAVEN DESTINATIONS SPECIFIED. THESE DESTINATIONS ARE NOT EXPECTED TO CHANGE DURING THE TERM OF ANY CONTRACT ENTERED INTO PURSUANT TO THIS BID. BY SUBMITTING A BID FOR THESE TASKS, THE BIDDER IS COMMITTING TO DELIVER SAID MATERIALS TO THESE LOCATIONS. BASIC AWARD CRITERIA The winning bid submitted in response to this solicitation will be based on the lowest price submitted for the two TASKS combined. The Town expects a single contractor to perform both Tasks. TERM The term of this Agreement shall be ONE (1) year from commencing from the date of award, expected to be on or about March 12, 2013. The Town and the winning bidder shall have a mutual option of renewing the Agreement/hr an additional one year term by agreeing together in writing to do so not less than thirty (30) days prior to the expiration of the initial term, at the price(s) agreed to herein. CERTAIN OTHER CONDITIONS Bids must be made in writing on the tbrms furnished. The successful Bidder may be required to furnish a perfbrmance Bond, and insurance in accordance with the instructions in the Bid Solicitation (APPENDIX C). 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 tbrty-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 Bid Solicitation may be picked up at: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Bidders should direct any questions concerning this solicitation to Mr. James Bunchuck, the Southold Town Solid Waste Coordinator at the Southold Town Transfer Station office 6155 Cox Lane, Cutchogue, NY 11935 (631) 734-7685. Bidders may visit the Transfer Station during normal business hours of 7:00 am - 5:00 pm, 7 days a week (except holidays). Appointments are not necessary, but may be scheduled by calling Mr. Bunchuck. Elizabeth A. Neville Town Clerk 4 TABLE OF CONTENTS GLOSSARY OF TERMS SECTION A- SUBMISSION REQUIREMENTS 1.0 Project Purpose 2.0 Schedule 3.0 Examination Of Agreement Documents 4.0 Information to be Submitted 4.1 Contractual Bid 4.2 Supplemental Information 5.0 Bid Format 6.0 Submission of Bid 7.0 Execution Of Agreement 8.0 Consideration Of Bids 9.0 Selection Of Contractor l 0.0 Acceptance of Bid 11.0 Assignment 12.0 Insurance and Bonds 12.1 Insurance 12.2 Bonds 13.0 Indemnity (Hold Harmless) 14.0 Payments 15.0 Default 16.0 Term of Agreement 17.0 Rights and Options SECTION B - BID SPECIFICATION 1.0 Requirements 2.0 Program Goals and Objectives 3.0 Character and Amounts of Materials 3.1 Quantities C&D 3.2 Quantities - ONP 3.3 Non-Compliance Waste 4.0 Schedule of Cutchogue Transfer Station 5.0 Program Activities 5.1 Contractor Responsibilities 5.2 Town Responsibilities 5.3 Routing Mode 5.4 Town of Southold Accident and Damage Policy 6.0 NYSDEC Part 360 Permit to Operate 7.0 Compensation 8.0 Safety and Health Regulations 9.0 Contacts 10.0 Supporting Data 7 9 9 9 9 10 10 10 10 10 11 11 11 12 12 12 12 12 12 13 13 13 13 14 15 15 15 15 15 16 16 16 16 17 17 17 17 18 18 18 18 5 SECTION C - CONTRACTOR BID FORM 19 1.0 General Bid Statement 2.0 Unit Price Bid Schedule 3.0 Signature Page 2O 23 24 SECTION D - APPENDICES Appendix A - Subcontractors Appendix B - Performance Bond 25 36 6 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 executedin 2013 . 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 of the first 365 days from the date a contract(s)/award(s) pursuant to this solicitation is signed by the parties. 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 the date a contract(s)/award(s) pursuant to this solicitation is signed by the parties. COMMINGLED RECYCLABLES - Shall mean glass, plastic, ferrous metal, aluminum or other matefial capable of being processed and recovered at the Town of Brookhaven MRF, located at the landfill complex on Horseblock Road, Yaphank, NY. 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. CONTRACT DOCUMENTS - Shall have the same meaning as Agreement Documents. CONTRACTOR - Shall mean the party contracting to perfbrm the work, or the heirs, executors, administrators, agents, or successors thereof. COUNTY - Shall mean Sufiblk County, State Of New York. DAILY - Sunday to Saturday, inclusive. DESTINATION SITES Permitted disposal site(s) designated by the Town for C&D and permitted recycling facilities designated by the Town. 7 GLOSSARY Glossary of Terms (cont'd) EPA - Environmental Protection Agency (Federal). HAUL SERVICES UNIT PRICE - Shall mean the Contractor's compensation in dollars for each ton of C&D debris or recyclables actually hauled from the Town Of Southold Transfer Station to the Town Designated Disposal/Recycling Site. HAZARDOUS WASTE - Shall mean (1) any "hazardous waste" as defined under the Resource Conservation and Recovery Act, 42 US.C. Section 6901 et seq., or "hazardous substance" as defined under the comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., or "hazardous waste" as defined under New York Environmental Conservation Law Section 27-0901 et seq., as each such law may be amended from time to time, and the regulations promulgated there under, and any analogous or succeeding Federal, state or local law, rule or regulation and regulations promulgated there under 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. ONP - Old Recycled Newsprint brought to the Southold MSW Transfer Station by residents and curbside collection carters, including newspaper, glossy inserts, magazines, paperback books, office paper, and construction paper. ONP is NOT intended to include paper used for cleaning or hygiene purposes such as paper towels, napkins, or tissues. OSHA - Federal Williams-Steiger Occupations Safety & Health Act of 1970, plus subsequent revisions. 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. PERM1TTEE - 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). SUBCONTRACTOR - Shall mean an individual, firm or corporation having a direct contract with the Contractor for services, equipment, materials and/or labor. 8 SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS AND AWARD BASIS 1.0 PROJECT PURPOSE The Town of Southold seeks bids for the hauling of construction and demolition debris (C&D) and commingled recyclables (COM) from the Town of Southold Transfer Station to specified permitted Destination Site(s) owned and operated by the Town of Brookhaven. 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 Bid Opening Town Board Approval Agreement Executed Operations Commencement DATE 10:00 am, Mamh 7, 2013 March 12, 2013 On or Before March 29, 2013 Day Agreement is Executed 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 Bid Documents thoroughly; (b) become familiar with conditions at the Town of Southold Transfer Station and Destination Sites that may affect cost, progress, performance or furnishing of the work; (c) 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; (d) study any Bid and/or Agreement Documents carefully; and (e) notify the Town Clerk of all conflicts, errors or discrepancies in the Agreement Documents. The submission of a Bid becomes a representation that Bidder has complied with every requirement of this Bid Solicitation, that the Bid is based 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. 9 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: 4.2 Contractor Bid Form Supplemental Information as described in 4.2 Supplemental Information In addition to the aforementioned forms, the Bidder is required to submit the following supplemental information with his bid: i. A statement that the Bidder has or will acquire all manpower, materials and supplies, mobile equipment, etc., necessary to provide the Town with all services sought under the Agreement. ii. A copy of any current Permit(s) to transport C&D and/or municipal recyclables as required. iii. A list of any Subcontractors the Bidder intends to use to complete any portion of the work. 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. (SEE APPENDIX B). 5.0 BID FORMAT 6.0 Form Preparation Bid prices shall be submitted in the fbrm described in this Bid Solicitation (SEE PAGE 25 ). Bid prices shall be properly filled in, using both words and numerals where indicated. 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 infbrmation. SUBMISSION OF BID Each Bidder shall submit a complete set of his Bid which shall be enclosed in a sealed 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 betbre the time and at the place designated in the Notice to Bidders. Bids received after the time set/hr 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: Elizabeth Neville Southold Town Clerk Town Hall 53095 Main Road Southold, New York 11971 10 7.0 EXECUTION OF AGREEMENT, FURNISHING OF BONDS The successful Bidder, or its legally authorized representative, shall 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 Materials Hauling Services, ~[so required by the Town. Under the terms of a contract awarded pursuant to this bid, the successful Bidder may be required, at its own cost and expense, to procure, execute and deliver to the Town a Performance Bond equal to the estimated cost of tracking services provided under the terms of this bid over a period of 180 days. This bond, if required (as shown by example in Appendix B), would be maintained at the Contractor's own expense for the term of the Agreement. Failure to do so would constitute a breach of the Agreement and/or contract entered into between the parties. 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. 8.0 CONSIDERATION OF BIDS The Town of Southold reserves the right to reject any/or all bids for haul and disposal services if such action is deemed to be in the best interests of the Town. To be considered responsive to this Bid Solicitation, each Bidder shall A) provide equipment, labor, maintenance and management services to haul C&D and recyclables from the Town of Southold Transfer Station designated Destination Site(s) as set forth in Section B - Bid Specifications. B) 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). C) Provide evidence of physical and financial capability to perfbrm services described in the bid specifications. 9.0 SELECTION OF CONTRACTOR Only bids solicited from finns or combinations thereof, who have sufficient management, operating, and maintenance experience to fulfill the Town's goads and comply with the applicable local, state, Federal laws, ordinances, and regulations 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 Pr/ce is the lowest. The Town of Southold reserves the right, in its sole discretion, to reject all bids submitted in response to this Bid Solicitation. 11 10.0 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 perform the work described in the Bid Documents and to execute any other Agreement Documents that may be required by the Town. 11.0 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. 12.0 INSURANCE AND BONDS 12.1 Insurance For the period the Agreement is in effect, 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. 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 evidence that it maintains the following types and amounts of insurance: 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 perfurmed 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 lifk of said Agreement such employees in compliance with provisions of the Worker's Compensation Law. 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. 12.2 Bonds 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. 13.0 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 12 15.0 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 obligation shall be ongoing, survive the term of the Agreement and include, but not be limited to, claims concerning non-sudden environmental impairments. 14.0 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 trips from the Town of Southold Transfer Station including the tonnage of all materials hauled and the manifest number for each load removed. Such payments shall be made within sixty (60) days of the Town's approval of Contractor's invoice. Contractor's monthly invoice shall include a daily summary of tonnage received by Contractor at the Transfer Station. The Town shall be entitled to deduct from any payment owing to Contractor any sums expended by the Town to cure any default or other non-compliance by Contractor. 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 tull or partial reimbursement for such excess costs. The Town reserves the right to terminate the Agreement for just cause. 16.0 TERM OFAGREEMENT The term of this Agreement(s) shall be one (1) year commencing on the date of execution of the Agreement. The Town and the contractor(s), shall have the mutual option of renewing the Agreement for one (1) additional one (1) year term through written notice not less than thirty (30) days prior to the expiration of the term. 17.0 RIGHTS AND OPTIONS The Town of Southold, New York, reserves and holds at 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 lbr 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. 13 SECTION B BID SPECIFICATIONS (TECHNICAL/MANAGEMENT) 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, 1197l (Telephone (631) 765-1800) The effort, shall be known as the Town of Southold Materials Trucking Services. The Town of Southold seeks to engage a qualified Contractor to haul Construction and Demolition Debris (C&D) and commingled recyclables (COM) received at its MSW Transfer Station in Cutchogue, NY to Town-designated Destination Sites. The Town will need to dispose of approximately 2,500 tons of C&D and 1,500 tons of COM during each year of the agreement. Specifically, the contractor(s) must provide equipment, labor, maintenance, management and policies to operate a transportation system for hauling C&D and COM as described herein. The contractor must perform all work in accordance with applicable federal, state, and local regulatory requirements. 2.0 PROGRAM GOALS AND OBJECTIVES The goal of this project is the continued safe and reliable hauling and disposal of the C&D debris and COM from the Town Of Southold Transfer Station at minimum cost to the citizenry. 3.0 CHARACTER AND AMOUNTS OF MATERIALS The wastes which are to be hauled and disposed of under terms of this bid solicitation are to include typical C&D wastes and COM from a suburban community, as described in the Glossary of Terms. This Agreement will not provide any guarantees with respect to the volume of waste to be hauled and/or disposed of by Contractor. 3.1 Quantities - C&D It is believed that only about 25% of the C&D waste generated within the Town passes through the Transfer Station, as a result of relatively high tip fees that discourage use by larger commercial carters. Should economic conditions change, an increase in tonnage handled by the transfer station is possible. CURRENT PRACTICE: The Town currently utilizes a 100-cubic yard walking floor trailer for C&D removal. In 2012 the average weight of un-processed C&D in each trailer load was 17 tons (net). 3.2 Quantities COM Projected tonnages of COM subject to hauling under this bid are expected to be more stable, in the 1,200 - 1,500 tons per year range. Changes to the Town's Recycling programs may affect the quantity and characteristics of the waste received at the Town of Southold TransfEr Station. 15 CURRENT PRACTICE: The Town currently utilizes 100-cubic yard walking floor trailers for COM removal. The average weight of COM in each trailer load is 14.5 tons (net). 3.3 Non-Compliance Waste 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 by the Town. 4.0 SCHEDULE OF CUTCHOGUE TRANSFER STATION 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 Transfer Station's business office hours are 8:00 A.M. - 4:00 P.M. Monday through Friday. The Transfer Station is closed on the following holidays: New Year's Day Lincoln's Birthday Easter Sunday Independence Day Columbus Day Veterans Day Thanksgiving Christmas Martin Luther King Day Presidents Day Memorial Day Labor Day Election Day 12:00 Noon day before Thanksgiving 12:00 Noon day before Christmas 12:00 Noon day before New Year's Day 5.0 PROGRAM ACTIVITIES 5.1 Contractor Responsibilities The Contractor will be expected to be available to remove materials from the Transfer Station during the following hours: Monday through Sunday 7:00 A.M. to 4:00 P.M., although Sunday removals are generally not expected to be needed unless specifically requested by the Town. The Contractor will be expectcd to provide sufficient frequency of service so that C&D delivered to the Town Transfer Station can be loaded within 72 hours of its delivery, and COM is loaded upon accumulation at the Transfer Station of not more than 100 cubic yards. The Town is prepared, with adequate prior coordination, to "live load" contractor trailers/containers upon arrival at the Town Transfer Station; alternatively, the contractor may stage transfer containers at the Transfer Station for loading by Transfer Station Staff as needed. All containers shall have covers available, although any empty containers delivered to the Transfer Station tbr staging shall be left open. 16 THE TOWN WILL CONSIDER ALL TRANSPORT OPTIONS, WITH A PREFERENCE HOWEVER TOWARD THOSE THAT PROPOSE CONTAINERS OF A SIZE LARGE ENOUGH TO HOLD THE STANDARD MAXIMUM WEIGHT ALLOWED BY NEW YORK STATE DOT (80,000 LBS), SUCH AS 100 CUBIC YARD CAPACITY LONG-HAUL TRANSFER TRAILERS. 5.2 Town Responsibilities Town staffwill load materials into contractor containers using a front end wheel loader. For staged trailers, after loading, the Town will bring trailers to the Town's truck scales for weighing to prevent overloading and to document haul and disposal tonnages. Town personnel will then cover (tarp) the loads prior to leaving the site. The Town will at all times exercise due caution with regard to loading and/or moving the Contractor's equipment and agrees to notify the Contractor promptly of any damage or unusual occurrence with regard to the equipment while it is under the care and control of the Town. For live-loaded trailers, the contractor will be responsible for ensuring adequate coverage of the load prior to leaving the Transfer Station facility. 5.3 Routing Mode Contractor will have the right to select the route(s) for travel from the Town of Southold transfer Station to the Destination 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. 5.4 Town Of Southold Accident And Damage Policy The Contractor and The Town shall be required to prepare an Accident Report for any accidents and/or damage that occur while performing respective duties under the term of the Agreement. Both parties agree to notify the other immediately of any major occurrences such as bodily injury or structural damage to the Town's Transfer Station or the Town's or Contractor's equipment. An Accident Report will be submitted to the appropriate within twenty-fbur (24) hours containing the date, time, location, and complete description of all incidents. If occurring at the Town's facility, the offending parts or representative/s thereof shall also be recorded and required to sign any accident/damage report prior to departing tbe Town of Southold Transfer Station. 6.0 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 available for viewing at the Transfer Station business office upon request.. 17 7.0 COMPENSATION The Town will compensate the Contractor fbr materials hauled on a per-trip basis. The Contractor's manifest summary may be used tbr billing purposes, but will be compared against the Town's scale receipts before the Town makes payment. In the event of any dispute over differences in net trip counts between the Town and Contractor's records, the Town may make payment upon the trip count 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). The Contractor shall comply with all local, state and Federal regulations, laws and statutes which apply to the work and to safety in particular. The Contractor shall comply with New York State Department of Labor current requirements. The Contractor shall be solely and completely responsible for operational safety during performance of the Agreement. The obligation exists twenty-four (24) hours a day, each and every day throughout the term of the Agreement. The Town of Southold shall not have any responsibility for means, methods, sequences 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 CONTACTS The Contractor shall provide the Town with a list of key personnel/staff that will be servicing the account for the contractor, including job title, names and telephone numbers. 10.0 SUPPORTING DATA In the event the Town requires any information in support of its' operations or to meet federal, state, or local reporting requirements, the Contractor agrees to furnish all licenses, permits and inspection reports regarding equipment and disposal sites which may be required by Town, County, State or Federal law within 48 hours of being requested by the Town. In the event the Contractor requires any information in support of its' operations or to meet federal, state, or local reporting requirements, the Town will provide such information as it applies to Southold Town operations. 18 SECTION C TOWN OF SOUTHOLD CONSTRUCTION MATERIAL AND/OR DEMOLITION DEBRIS SERVICES CONTRACTOR BIDFORM 1.0 GENERAL BID STATEMENT TO: TOWN OF SOUTHOLD STATE OF NEW YORK 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 Gentlemen: The undersigned Bidder has carefully examined the forms and content of the Bid Solicitation, including notice to bidders, bid bond, sample operating agreement, performance bond, certificates of insurance, general conditions, bid specifications, and addenda, has familiarized itself with the sites of work, and hereby proposes to furnish all necessary services, permits, labor, materials, equipment, vehicles, and tools required to perform and complete the work in strict accordance with all of the bid documents written by or on behalf of the Town of Southold for this project. The undersigned Bidder agrees to abide by all conditions stated, intended, 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. l. 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 notification of insurance within ten (10) calendar days. SECOND: To begin Materials hauling services operations on the commencement date of any Agreement awarded hereunder. 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. FOURTH: During the pertbrmance of this Agreement, the Contractor hereby agrees as follows: The Contractor shall not discriminate against any employee or applicant for employment because of age, race, creed, color, sex, sexual orientation, marital status, national origin, or physical disability. 2O The Contractor shall comply with the provisions of Sections 290 through 301 of the Executive Law, shall furnish all intbrmation and reports deemed necessary by the State Commission for Human Rights under these nondiscrimination clauses and such sections of the Executive Law, and shall permit access to his books, records, and accounts by the State Commission for Human Rights, the Attorney General, and the Industrial Commissioner for purposes of investigation to ascertain compliance with these on discrimination clauses and such sections of the Executive Law and Civil Rights Law, 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. 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. 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. 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 beliefi The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement fbr the purpose of restricting competition. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening. No attempt has been made nor will be made by the Bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The undersigned also declares that it has or they have carefully examined the Bid Solicitation requirements and sample operating agreement and that it has or they have personally inspected the actual location of work, together with the local sources of supply, has or have satisfied itself or themselves as to all the quantities and conditions, and waives all rights to claim any misunderstanding, omissions or errors regarding the same which such inspection and observation would have disclosed. 21 The undersigned submits herewith a bid guaranty within the tbrm provided by the applicable bid documents in the amount of $5,000.00 (Appendix A) for any option or combination thereof: In the event this proposal is accepted, and the undersigned tails, within ten (10) calendar days after date of receipt of Notice Of Award ti'om the Town to execute and deliver an Agreement in the form provided by the Town or tails 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. The Bidder has completed the Contract Bid Form and Unit Price Schedules in both words and numerals in accordance with these bid requirements. 22 2.0 TASK 1 TASK 2 UNIT PRICE BID SCHEDULE, MATERIALS HAULING SERVICES, SOUTHOLD TOWN, NEW YORK C&D HAULED TO BROOKHAVEN LF Container Type (i.e., trailer, roll-off, etc.): Container Size (in cu. Yds): Estimated # Trips (based on 17 tons per 100 yds) Price per trip (in words): Price per trip (in numerals): ITASK 1 ESTIMATED TOTAL COST I (Price per trip X # of Trips): COMMINGLED RECYCLABLES TO TOWN OF BROOKHAVEN MRF Container Type (i.e., trailer, roll-off, etc.): Container Size (in cu. Yds): Estimated # Trips (based on 14.5 tons per/100 yds) Price per trip (in words): Price per trip (in numerals): ITASK 2 ESTIMATED TOTAL COST (Price per trip X # of Trips): PAGE 25 [own of Southold Bid Materials Hauling Services 3.0 SIGNATURE PAGE The undersigned hereby submits the foregoing prices to furnish Materials Hauling Services as described in this solicitation: Bidder: Firm-Corporation Address By: Signature - Authorized Representative Date Print: Title 24 '[own of Southold Bid Materials Hauling Services APPENDIX A - SUBCONTRACTORS (if applicable) The Bidder hereby states that it proposes, if awarded an Agreement to use following haul subcontractors on this project. Subcontractor/ Contract Trade Individual Address Phone # Specialties Name of Bidder: By: Date: (Authorized Signature) NOTE: If blank not applicable, fill in with N/A 25 Town of Southold Bid Materials Hauling Services APPENDIX B - FORM OF PERFORMANCE BOND (if required) Bond No. KNOW ALL MEN BY THESE PRESENTS, that (hereinafier called the "principal") and (hereinafier called the "Surety") are held and firmly bound to the Town of Southold (hereinafter called the "Owner") in the full and just sum of dollars (TBD) good and lawful money of the United States of America, for the payment of which sum of money, well and truly to be made and done, the Principal binds himself, his heirs, executors, administrators and assigns and the Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Agreement bearing date on the day of ., 20 ., with the Owner for the Town of Southold construction debris and recycled newspaper Haul Services, a copy of which Agreement is almexed 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 hereafier 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 outlaw 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 forcc and effect; Performance Bond Appendix B Page I of 2 26 Town of Southold Bid Materials Hauling Services PROVIDED, HOWEVER, the Surety, for value received hereby stipulates and agrees, if requested to do so by the Owner, fully perform and complete the work mentioned and described in said Agreement, pursuant to the terms, conditions, and covenants thereot; if for any cause the Principal falls or neglects to so fully perform and complete such work and the Surety further agrees to commence such work of completion within ten (10) calendar days after written notice thereof from the Owner and to complete such work within ten (10) calendar days from the expiration of the time allowed the Principal in the Agreement the completion thereof; and further PROVIDED, HOWEVER, the Surety, for value received, for itself and its successors and assigns, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by an extension of time, modification, work to be performed thereunder, or by any payment thereunder before the time required herein, or by any waiver of any provisions thereof, or by any assignment, subletting or other transfer of any work to be performed or any monies due or to become due thereunder; and said Surety does hereby waive notice of any and all of such extensions, modifications, omissions, additions, changes, payments, waivers, assignments, subcontracts and transfers, and hereby expressly stipulates and agrees that any and all things done and omitted to be done by and in relation to assignees, subcontractors, and other transferees shall have the same effect as to said Surety as though done or omitted to be done be or in relation to said Principal. IN WITNESS WHEREOF, the Principal has hereunto set his (their, its) hand and seal and the Surety has caused this instrument to be signed by its , and its corporate seal to be hereunto affixed this day of 20 (If Corporation add Seal and Attestation) By: Attest: Principal Surety (If Corporation add Seal and Attestation) By: Attest: Address of Surety Pertbrmance Bond Appendix B Page 2 of 2 27 NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been amved at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. Signed: Print Hame Corporate Title (if any) CompanyName Mailing Address Phone Number BID ON Materials Hauling Services ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www~southoldtownny, gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 21, 2013 Patricia DiMatteo Trinity Transportation 214 Blydenburgh Road Islandia, NY 11749 Dear Ms. DiMatteo: At the regular Town Board meeting held on February 12, 2013, the Town Board rejected all bids for Materials Hauling. A certified copy of the resolution is enclosed. Your bid bond is being returned to you. Thank you for your bid. Very truly yours, ^ Lynda M Rudder Deputy Town Clerk EBS. Southold Town Board - Letter Board Meeting of February 12, 2013 RESOLUTION 2013-148 ADOPTED Item # 5.25 DOC ID: 8570 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-148 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 12, 2013: WHEREAS the contract between Winters Brothers, Inc. and the Town of Southold for the hauling and disposal of MSW received at the Cutchogue Transfer Station includes a provision for a mutual option to extend the contract for a third year starting on July 1, 2013 (option year 1); and WHEREAS the Town of Southold elected to pick up the Option while Winters Brothers, Inc. declined to do so, it is hereby RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk to advertise for bids for the hauling and disposal of MSW received at the Cutchogue Transfer Station starting July 1, 2013. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Evans, Russell Generated February 13,2013 Page 40 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www. southoldtownny, gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD One (1) bid received BID OPENING 2013 Materials Hauling Services Bid Opening 1/24/13 10:00 A.M. Trinity Transportation 214 Blydenburgh Road Islandia, NY 11749 Task 1 $42,500.00 Task 2 $42,500.00 BIDDER'S SOLICITATION MATERIALS HAULING SERVICES AGREEMENT DOCUMENTS TOWN OF SOUTHOLD STATE OF NEW YORK TOWN OF SOUTHOLD Prepared by: Solid Waste Management District P.O, Box 962 Cutchogue, NY 11935 January 2013 NOTICE TO BIDDERS MATERIALS TRUCKING SERVICES l'he Town of Southold will receive sealed bids for materials trucking services for the items identified herein (i.e., construction and demolition debris (C&D) and commingled recyclables consisting of tin/aluminum cans and glass and plastic containers (COM)), such bids to then be opened and publicly read aloud. The trucking services sought by the Town will involve moving C&D and COM collected at the Town's waste and recycling Transfer Station on Cox Lane in Cutchogue, NY to one or more specified destinations. THIS SOLICITATION SEEKS TRUCKING SERVICE(S) ONLY. NO DISPOSAL OR RECYCLING SERVICES ARE SOUGHT. PLACE: Office Of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 (631) 765-1800 DATE: Thursday, January 24, 2013 TIME: 10:00 AM (LATE BIDS WILL NOT BE OPENED) 2 TOWN OF SOUTHOLD MATERIALS TRUCKING SERVICES ~;ENERAL SERVICES SOUGHT The Town seeks prices for each of the lbllowing trucking tasks, in accordance with this Bid Solicitation: TASK 1: A bid price PER TRIP, to provide equipment and labor for hauling construction & demolition debris (C&D) from the Town of Southold Transfer Station at 6155 Cox Lane, Cutchogue, NY to the Town of Brookhaven C&D Landfill at 350 Horseblock Road, Yaphank, NY. TASK 2: A bid price PER TRIP to provide equipment and labor for hauling commingled recyclables consisting of tin and aluminum cans, plastic containers, and glass bottles (COM) collected through the Town of Southold's residential recycling program, from the Town of Southold Transfer Station at 6155 Cox Lane, Cutchogue, NY to the Town of Brookhaven Materials Recovery Facility (MRF) located at 350 Horseblock Rd., Yaphank, NY. THE TOWN IS CURRENTLY UNDER INTER-MUNICIPAL AGREEMENTS (IMA) TO DELIVER THE MATERIALS COVERED BY TASK I AND TASK 2 TO THE BROOKHAVEN DESTINATIONS SPECIFIED. THESE DESTINATIONS ARE NOT EXPECTED TO CHANGE DURING THE TERM OF ANY CONTRACT ENTERED INTO PURSUANT TO THIS BID. BY SUBMITTING A BID FOR THESE TASKS, THE BIDDER IS COMMITTING TO DELIVER SAID MATERIALS TO THESE LOCATIONS. BASIC AWARD CRITERIA The winning bid submitted in response to this solicitation will be based on the lowest price submitted for the two TASKS combirled. The Town expects a single contractor to perform both Tasks. I'ERM The term of this Agreement shall be ()NE (I) year l¥om commencing from the date of award, expected to be on or about January 29, 2013.. The Town and the winning bidder shall have a mutual option of renewing the Agreement fi2r an additional one year term by agreeing together in writing to do so not less than thirty (30) days prior to the expiration of the initial term, at the price(s) agreed to herein. CERTAIN OTHER CONDITIONS Bids must be made in writing on the tbrms l'urnished 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 five thousand dollars ($5,000.00) wherein the named obligee shall be the Town of Southold (APPENDIX C). The successful Bidder shall be requi~ed to furnish a performance Bond, and insurance in accordance with the instructions in the Bid Solicitation (APPENDIX D). 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 tbrty-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 fi fly dollars ($50.00) Bid Solicitation may be picked up at: Office of the Town Clerk Southold Town I tall 53095 Main Road Southold, New York 11971 Bidders should direct any questions concerning this solicitation to Mr. James Bunchuck. the Southold Town Solid Waste Coordinator at the Southold Town Transfer Station office 6155 Cox Lane, Cutchogue, NY 11935 (63 l) 734.-7685. Bidders may visit the Transfer Station during normal business hours of 7:00 am - 51:00 pm, 7 days a week (except holidays). Appointments are not necessary, but may be scheduled by calling Mr. Bunchuck. Elizabeth A. Neville Town Clerk 4 TABLE ,DF CONTENTS GI,OSSARY OF TERMS SECTION A- SUBMISSION REQUIREMENTS 1.0 Project Purpose 2.0 Schedule 3.0 Examination Of Agreement Documents 4.0 Information to be Submitted 4.1 Contractual Bid 4.2 Supplemental Information 5.0 Bid Format 6.0 Submission of Bid 7.0 Bid Guaranty 8.0 Execution Of Agreement 9.0 Consideration Of Bids 10.0 Selection Of Contractor 11.0 Acceptance of Bid 12.0 Assignment 13.0 Insurance and Bonds l 3.1 Insurance 13.2 Bonds 14.0 Indemnity (Hold Harmless) 15.0 Payments 16,0 Default 17.0 Term of Agreement 18.0 Rights and Options SECI'iON B - BID SPECIFICATION 1.0 Requirements 2.0 Program Goals and Objectives 3.0 Potential Regulatory and Operational Changes 4.0 Character and Amounts of Materials 4.l Quantities-- C&D 4.2 Quantities- ONP 4,3 Non-Compliance Waste 5.0 Schedule of Cutchogue Transfer Station 6.0 Program Activities 6,1 Contractor Responsibilities 6.2 Town Responsibilities 6.3 Routing Mode 6.4 Town of Southold Accident and Damage Policy 7.0 NYSDEC Part 360 Permit to Operate 8.0 Compensation 9.0 Safety and Health Regulations 10.0 Contacts I 1.0 Supporting Data 7 9 9 9 9 10 10 10 10 10 11 11 11 12 12 12 12 12 I3 13 13 13 13 14 15 16 16 16 16 17 17 17 17 18 18 18 18 19 19 19 19 2O 20 SECTION C CONTRACTOR BID FORM 1.0 General Bid Statement 2.0 Unit Price Bid Schedule 3.0 Signature Page 21 22 25 26 SECTION D - APPENDICES Appendix A - Surety Verification Appendix B Subcontractors Appendix C- Form of Bid Bond Appendix D Pertbrmance Bond 27 28 29 32 GLOSSARY OF TERMS ADMiNiSTRATOR - Shall mean the Coordinator of construction and demolition debris (or his agent) O1' the Town of Southold, New York. AGREEMENT - Shall mean a Form operating agreement set forth by the Town and resulting fi'om this Bid Solicitation between the Town of Southold and the successful Bidder to be executed in 2013 . AGREEMENT DOCUMENTS - Shall include the notice to bidders, instructions, bid solicitation, bid Forms, information schedules, proposal, payment bond, bid bond, Agreement, perfbrmance 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 of the first 365 days fi'om the date a contract(s)/award(s) pursuant to this solicitation is signed by the parties. BIDI)ER - 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 perfbrm 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 the date a contract(s)/award(s) pursuant to this solicitation is signed by thc parties. COMMINGLED RECYCLABLES - Shall mean glass, plastic, ferrous metal, aluminum or other material capable of being processed and recovered at the Town of Brookhaven MRF, located at the landfill complex on Horseblock Road, Yaphank, NY. 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. CONTRACT DOCUMENTS - Shall have the same meaning as Agreement Documents. CONTIL~.CTOR - Shall mean the party contracting to perform the work, or the heirs, executors, administrators, agents, or successors thereof'. COUNTY - Shall mean Suflblk County, State Of New York. DAILY - Sunday to Saturday, inclusive. DESTINATION SITES -- Permitted disposal site(s) designated by the Town for C&D and permitted recycling facilities designated by the Town. 7 GLOSSARY Glossary of Terms (cont'd) _E_P_A_ - Environmental Protection Agency (Federal). HAUL SERVICES UNIT PRICE - Shall mean the Contractor's compensation in dollars for each ton of C&D debris or r¢cyclables actually hauled from the Town Of Sou}hold Transfer Station to the Town Designated Disposal/Recycling Site. HAZARDOUS WASTE - Shall mean (1) any "hazardous waste" as defined under the Resource Conservation and Recovery Act, 42 US.C. Section 6901 et seq., or "hazardous substance" as defined under the comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., or "hazardous waste" as defined under New York Environmental Conservation Law Section 2'7-0901 et seq., as each such law may be amended from time to time, and the regulations promulgated there under, and any analogous or succeeding Federal, state or local law, rule or regulation and regulations promulgated there under 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 Depmtment Of Environmental Conservation. ON? Old Recycled Newsprint brought to the Southold MSW Transfer Station by residents and curbside collection carters, including newspaper, glossy inserts, magazines, paperback books, office paper, and construction pape,'. ONP is NOT intended to include paper used for cleaning or hygiene purposes such as paper towels, napkins, or tissues. OSHA - Federal Williams-Steiger Occupations Safety & Health Act of 1970, plus subsequent revisions. 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). SUBCONTRACTOR - Shall mcan an individual, firm or corporation having a direct contract with the Contractor for services, equipment, materials and/or labor. SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS AND AWARD BASIS 1.0 PROJECT PURPOSE The Town of Southold seeks bids for the hauling of construction and demolition debris (C&D) and commingled recyclables (COM) from the Town of Southold Transfer Station to specified permitted Destination Site(s) owned and operated by the Town of Brookhaven. 2.0 SCiIEDULE 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 Bid Opening Town Board Approval Agreement Executed Operations Commencement DATE 10:00 am, January 24, 2013 January 29, 2013 On or Before February 11, 2013 Day Agreement is Executed 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 Bid Documents thoroughly; (b) become familiar with conditions at the Town of Southold Transfer Station and Destination Sites that may affect cost, progress, performance or furnishing of the work; (c) 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; (d) study any Bid and/or Agreement Documents carefully; and (e) notify the Town Clerk of all conflicts, errors or discrepancies in the Agreement Documents. The submission of a Bid becomes a representation that Bidder has complied with every requirement of this Bid Solicitation, that the Bid is based 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 perlbrming and furnishing the work. 9 5.0 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: ii. iii. Contractor Bid Form Bid Security or Bid Bond (SEE APPENDIX C) Supplemental Intbrmation as described in 4.2 4.2 Supplemental Information In addition to the aforementioned forms, the Bidder is required to submit the fbllowing supplemental information with his bid: A statement that the Bidder has or will acquire all manpower, materials and supplies, mobile equipment, etc., necessary to provide the Town with all services sought under the Agreement. ii. A copy of any current Permit(s) to transport C&D and/or municipal recyclables as required. iii. Identification of the Surety company supplying the Performance Bond specified herein. (SEE APPENDIX A), iv. A list of any Subcontractors the Bidder intends to use to complete any portion of the work. 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. (SEE APPENDIX B). BID FORMAT Form Preparation Bid prices shall be submitted in the form described in this Bid Solicitation (SEE PAGE 25 ). Bid prices shall be properly filled in, using both words and numerals where indicated. BIDS SHALL NOT BE QUALIFIED, MODIFIED, LIMITED OR RI-~STRICTED IN ANY WAY. In the evenl a specification is not applicable, it shall be so indicated. Incomplete bids may not be considered, depending on the nature of the missing information. SUBMISSION OF BID Each Bidder shall submit a complete set of his Bid which shall be enclosed in a sealed 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. 10 When sent by mail, preferably registered, the sealed Bid, marked as above, should be enclosed in an additional envelope similarly marked and addressed to: Elizabeth Neville Southold Town Clerk Town Hall 53095 Main Road Southold, New York 11971 7.0 BID GUAIL~NTY The guaranty of $5,000 may be certified check, bank draft, money order, standard form irrevocable letter of credit, ora bid bond in the form attached (APPENDIX C). The bid bond shall be secm'ed 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 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 thc Agreement and other Agreement Documents for Materials Hauling Services, !fso required by the ToYvn. The successful Bidder shall, at its own cost and expense, procure, execute and deliver to the Town thc following documents within ten (10) days of formal Notice of Award by the Town. Perfbrmance Bond - A Performance Bond shall be in an amount of fifty thousand dollars (50,000). This bond (as shown by example in Appendix D), shall be maintained at the Contractor's own expense lbr the term of the Agreement. Failure to do so shall constitute a breach 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. 90 C()NSiDEtLATION OF BIDS The Town of Southold reserves the right to reject any/or all bids for haul and disposal services if such action is deemed to be in the best interests of the Town. To be considered responsive to this Bid Solicitation, each Bidder shall A) provide equipment, labor, maintenance and management services to haul C&D and recyclables from the Town of Southold Transfer Station designated Destination Site(s) as set forth in Section B - Bid Specifications. 11 10.0 B) 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). C) Provide evidence of physical and financial capability to perform services described in the bid specifications. 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, operating, and maintenance experience to fulfill the Town's goads and comply with the applicable local, state, Federal laws, ordinances, and regulations will be accepted. The Town will review the bids and make a selection recommendation based on the evaluation criteria included in this Bid Solicitation or take such other action as it deems in its best interest. ,Any agreement awarded hereunder will be to the responsible Bidder whose Evaluation Unit Bid Price is the lowest. The Town of Southold reserves the right, in its sole discretion, to reject all bids submitted in response to this Bid Solicitalion. 11.0 ACCEPTANCE OF BID The acceptance ora 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 perform the work described in the Bid Documents and to executc any other Agreement Documents that may be required by the Town. 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. INSURANCE AND BONDS Insurance For thc period the Agreement is in effect, Contractor must maintain insurance acceptable to the Town in Ibc kinds and amounts set forth below. All such insurance coverage shall be provided by companies licensed to do business in New York State. 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 cvidence that it maintains the following types and amounts of insurance: 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 12 corporation making or executing same shall secure compensation coverage for the benefit of, and keep insured during the life of said Agreement such employees in compliance with provisions of the Worker's Compensation Law. General 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. 13.2 Bonds 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. 14.0 INDEMNITY (HOLD HARMLESS) 16.0 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 obligation shall be ongoing, survive the term of the Agreement and include, but not be limited to, claims concerning non-sudden environmental impairments. 15.0 PAYMENTS Contractor shall receive monthly payments tbr services performed during the prior calendar month upon submission of an invoice (with a Town voucher) that shall contain an itemized list of trips from the Town of Southold Transfer Station including the tonnage of all materials hauled and the manifbst number for each load removed. Such payments shall be made within sixty (60) days of the Town's approval of Contractor's invoice. Contractor's monthly invoice shall include a daily summary of tonnage received by Contractor at the Transfer Station. The Town shall be entitled to deduct lrom any payment owing to Contractor any sums expended by the Town to cure any default or other non-compliance by Contractor. DEFAU1,T In the event the Contractor fails to perform its obligations under the Agreement, the Town may terminate such Agreement, and thc 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 tbr such excess costs. The Town reserves the right to terminate the Agreement for just cause. 17.0 TERM OFAGREEMENT The term of this Agreement(s) shall be one (1) year commencing on the date of execution of the Agreement. The Town and the contractor(s), shall have the mutual option of renewing the 13 18.0 Agreement tbr one (1) additional one (1) year term through written notice not less than thirty (30) days prior to the expiration of the term. RIGHTS AND OPTIONS The Town of Southold, New York, reserves and holds at the following rights and options upon issuing this Bid Solicitation: I. To award an Agreement to thc 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 fbr contract administration of this project at any time during the Agreement period. 14 SECTION B BID SPECIFICATIONS (TECHNICAL/MANAGEMENT) SECTION B BiD SPECIFICATIONS TECHNICAL/MANAGEMENT 1.0 REQUIREMENTS This request for bids is issued lbr the 'Town of Southold, State of New York, Town Hall, 53095 Main Road, Southold, New York, 11971 (Telephone (631) 765-1800) The effort, shall be known as the Town of Southold Materials Trucking Services. The Town of Southold seeks to engage a qualified Contractor to haul Construction and Demolition Debris (C&D) and commingled recyclables (COM) received at its MSW TransfEr Station in Cutchogue, NY to Town-designated Destination Sites. The Town will need to dispose of approximately 2,500 tons of C&D and 1,500 tons of COM during each year of the agreement. Specifically, the contractor(s) must provide equipment, labor, maintenance, management and policies to operate a transportation system tbr hauling C&D and COM as described herein. The contractor must perform all work in accordance with applicable federal, state, and local regulatory requirements. 2.0 PROGRAM GOALS AND OBJECTIVES The goal of this project is the continued safe and reliable hauling and disposal of the C&D debris and COM from the Town Of Southold Transfer Station at minimum cost to thc citizenry. 3.0 POTENTIAL REGULATORY AND OPERATIONAL CHANGES During the term of the Agreement, there may be regulatory and operational changes which may Affect the quantities of materials received at the Town of Southold Transfer Station for transport by the contractor. 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 AND AMOUNTS OF MATERIAI.S The wastes which are to be hauled and disposed of under terms of this bid solicitation are to include typical C&D wastes and COM from a suburban community, as described in the Glossary of Terms. 16 4.1 Quantities C&D It is believed that only about 25% of the C&D waste generated within the Town passes through the Transfer Station, as a result of relatively high tip fees that discourage use by larger commercial carters. Should economic conditions change, an increase in tonnage handled by the transfer station is possible. CURRENT PRACTICE: The Town currently utilizes a 100-cubic yard walking floor trailer for C&D removal. In 2012 the average weight of un-processed C&D in each trailer load was 17 tons (net). 4.2 Quantities - COM Projected tonnages of COM subject to hauling under this bid are expected to be more stable, in the 1,200 - 1,500 tons per year range. Changes to the Town's Recycling programs may affect the quantity and characteristics of the waste received at the Town of Southold Transfer Station. CURRENT PRACTICE: The Town currently utilizes 100-cubic yard walking floor trailers for COM removal. The average weight of COM in each trailer load is 14.5 tons (net). 4.3 Non-Compliance Waste 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 by the Town. 5.0 SCHEDULE OF CUTCHOGUE TRANSFER STATION The Town of Southold Transfer Station is open 7 days a week, except holidays, fi'om 7:00 A.M. to 5:00 P.M. The Transfer Station's business office hours are 8:00 A.M. - 4:00 P.M. Monday through Friday. The Transfer Station is closed on the lbllowing holidays: New Year's Day Lincoln's Birthday Easter Sunday independence Day Columbus Day Veterans Day Thanksgiving Christmas Martin [,uther King Day Presidents Day Memorial Day Labor Day Election Day 12:00 Noon day before Thanksgiving 12:00 Noon day before Christmas 12:00 Noon day before New Year's Day 17 6.0 ?ROGILAM ACTIVITIES 6.1 Contractor Responsibilities The Contractor will be expected to be available to remove materials from the Transfer Station dm'ing the lbllowing hours: Monday through Sunday 7:00 A.M. to 4:00 P.M., although Sunday removals are generally not expected to be needed unless specifically requested by the Town. The Contractor will be expected to provide enough containers so that C&D delivered to the Town Transfer Station can be loaded within 72 hours of its delivery, and COM is loaded upon accumulation at the Transfer Station of not more than 100 cubic yards. The staging of an adequate number of containers for this purpose will be coordinated with Transfer Station Staff' as needed. The contractor shall deliver empty transfer containers to the Transfer Station for loading by Town personnel, who will then stage loaded trailers at a mutually convenient location at the Transfer Station for removal. Containers shall have covers available, although empty containers delivered to the Transfer Station shall be left open. THE TOWN WILL CONSIDER ALL TRANSPORT OPTIONS, WITH A PREFERENCE HOWEVER TOWARD THOSE THAT PROPOSE CONTAINERS OF A SIZE LARGE ENOUGH TO HOLD THE STANDARD MAXIMUM WEIGHT ALLOWED BY NEW YORK STATE DOT (80,000 LBS), SUCH AS 100 CUBIC YARD CAPACITY LONG-HAUL TRANSFER TRAILERS. 6.2 Town Responsibilities Town staff' will load materials into contractor containers using a fi'ont end wheel loader. After loading, the Town will bring transfer containers to the Town's truck scales for weighing to prevent overloading and to document haul and disposal tonnages. Town personnel will then cover (tarp) the loads prior to leaving the site. The Town will at all times exercise due caution with regard to loading and/or moving the Contractor's equipment and agrees to notify the Contractor promptly of any damage or unusual occurrence with regard to the equipment while it is under the care and control of the Town. 6.3 Routing Mode Contractor will have the right to select the route(s) for travel from the Town of Southoid transfer Station to the Destination 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. 18 6.4 TOWN OF SOUTtlOLD ACCIDENT AND DAMAGE POLICY The Contractor and The Town shall be required to prepare an Accident Report for any accidents and/or damage that occur while performing respective duties under the term of the Agreement. Both parties agree to notify the other immediately of any major occurrences such as bodily injury or structural damage to the Town's Transfer Station or the Town's or Contractor's equipment. An Accident Report will be submitted to the appropriate within twenty-four (24) hours containing the date, time, location, and complete description of all incidents. If occurring at the Town's facility, the offending parts or representative/s thereof shall also be recorded and required to sign any accident/damage report prior to departing the Town of Southold Transfer Station. 7.0 NYSDEC PART 360 PERMIT TO OPERATE The Town Of Southold operates the Transfer Station under a New York State Department of Environmental Conservation (NYSiDEC) Part 360 Permit to Operate. A copy of NYSDEC Permit is available for viewing at the Transfer Station business office upon request.. 8.0 COMPENSATION The Town will compensate the Contractor for materials hauled on a per-trip basis. The Contractor's manifest summary may be used lbr billing purposes, but will be compared against the Town's scale receipts before the Town makes payment. In the event of any dispute over difl'erences in net trip counts between the Town and Contractor's records, the Town may make payment upon the trip count 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. 9.0 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). 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 bc 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. ]'he 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 Agree, ment 19 10,0 CONTACTS The Contractor shall provide the Town with a list of key personnel/staff that will be servicing the account for the contractor, including job title, names and telephone numbers. 11.0 SUPPORTING DATA In the event the Town requires any information in support of its' operations or to meet federal,state, or local reporting requirements, the Contractor agrees to furnish all licenses, permits and inspection reports regarding equipment and disposal sites which may be required by Town, County, State or Federal law within 48 hours of being requested by the Town. In the event the Contractor requires any information in support of its' operations or to meet federal, state, or local reporting requirements, the Town will provide such information as it applies to Southold Town operations. 2O 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 Commission for Human Rights, the Attorney General, and the Industrial Commissioner for purposes of investigation to ascertain compliance with these on discrimination clauses and such sections of the Executive Law and Civil Rights Law, This Agreement may be forthwith cancelled, terminated, or suspended, in whole or in part, by the Town upon the basis ora finding made by the State Commission for Human Rights that the Contractor has not complied with these nondiscrimination clauses. 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. 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. 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 beliefi The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening. No attempt has been made nor will be made by the Bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The undersigned also declares that it has or they have carefully examined the Bid Solicitation requirements and sample operating agreement and that it has or they have personally inspected the actual location of work, together with the local sources of supply, has or have satisfied itself or themselves as to all the quantities and conditions, and waives all rights to claim any misunderstanding, omissions or errors regarding the same which such inspection and observation would have disclosed. 23 The undersigned submits herewith a bid guaranty within the form provided by the applicable bid documents in the amount of $5,000.00 (Appendix A) 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. The Bidder has completed the Contract Bid Form and Unit Price Schedules in both words and numerals in accordance with these bid requirements. 24 2,.0 , UNIT PRICE BID SCHEDULE, MATERIALS HAULING SERVICES, SOUTHOLD TOWN, NEW YORK TASK 1 C&D HAULED TO BROOKHAVEN LF Container Type (i.e., trailer, roll-off, etc.): Container Size (in cu. Yds): Estimated # Trips (based on 17 tons per 100 yds) Price per trip (in words): ,~S4~ Ru~H~.2) ~ ,c]Vg t:~Ol,,I.,P,¢~ '~ ~u~/,,~,~...~ TASK 2 Price per trip (in numerals): TASK '1 ESTIMATED TOTAL COST (Price per trip X # of Trips): COMMINGLED RECYCLABLES TO TOWN OF BROOKHAVEN MRF Container Type (i.e., trailer, roll-off, etc.): Container Size (in cu. Yds): Estimated # Trips (based on 14.5 tons peril 00 yds) Price per trip (in words): Price per trip (in numerals): ~ loo/yd.. TASK 2 ESTIMATED TOTAL COST (Price per trip X # of Trips): I PAGE 25 Town of Southold Bid Materials Hauling Services SIGNATURE PAGE The undersigned hereby submits the foregoing prices to furnish Materials Hauling Services as described in this solicitation: Bidder: -Fr. Firm-Corporation By: Signature - Authorized Representative Address Date Print: Title 26 Tov~n of Southold Bid Materials Hauling Services APPENDIX A - SURETY VERIFICATION 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 that such Company is licensed to do business in the State of New York. (Seal) By: Principal Surety Company (L.S.) Surety Verification Appendix A 27 'lown of Southold Bid Materials Hauling Services APPENDIX B - SUBCONTRACTORS The Bidder hereby states that it proposes, if awarded an Agreement to use following haul subcontractors on this project. Subcontractor/ Contract Trade Individual Address Phone # Specialties Name,of Bidder: .~lM,q'~' '7'",~,qO-~ao~-~ ~rv.- By:,1 .~ / ./d/~j~L _ Date: (Authorized Signature) NOTE: If blank not applicable, fill in with N/A 28 APPENDIX C - FORM OF ~tD BONn Berkley Regional Insurance Company BOW ALL MEN BY THES~ PRI~TS, that we, ~he unde~iSn~ Trinity Transpo~ation Corp. ...... · s ~i~, ~ ~ S~, ~ ~ ~td a~ the sum of ~e Thot~aud Doi~rg ($ 5,0gO;~0) ... tot ~he payment which, will end ~aly be reade, we hereby jointly and severally b~ ~ve~ our hek~, exeouto~,admini.~ors, sucee~oraa~a~i~o~ Si~dthla... ~!h , daxer January ,20.,. q 3 Th~ condition of the above oblismton i~ such 1bat wbete~ ~e Principal Ina ~abmit~ to th~ Town of $outl,a~ a ~'t-tain Bid, attaehed hereto and hm-eby made a p~ hendr t~ e~ter into oontr~! in writiog~ for the h~uling of comtmction debris material and/or re~ycle~d newspaper; NOW, THER.~ORE, (a) fir. aid Bid shal] be re~e~d or in the alternate, If sam Bid shall be aeoepted, end the Principal shall execute and deltv~ an Ag, ree~ m the form of the Sample Ope'afing ,e~recnm~t atlachcd heret~ Clx~pe~l~ compleled in aceordane~ with said Bid) a~! shall futntah oenL~ Of'in~u'anee m d a ~ ~ ~e be void, otherwise the same shaft remain in force and tmtterstood md ~ that lbo liability ogthe Sm, cF ~m' any and all shall, in no ~ etoeed ele ~ ammmt oftMa oblisalton.as ; obligation sh~ll it betn~ exp~aly ";~_.s beneunder amd, Form of Bid Bond ~C page 1 of 3 29 TI~ Sur~'ty,, ~or value r~ei .v~ ~ stipulates and ~ taint the obligalions of said Surety and Ils bond sl~ll l:~ m no way ~ ca' ~ by [imy ~ion of Ii~ time l~.~hin which ihe Owr~r may ~ such BM; arid said ltu~li, do~s ~r~by waive noflc~ of any suoh ~xSe~io~, IN WITNE~ W'FI~.~OF, the Principal ami th~ ~.~ have h~ s~t ~ I~ and seals, ar~ such of~ B~rkley Regional Insu~ce C~ Addr~Ss~S~ 6 ~2n~ Stm~t.~ N~wYork NY q0q65 SEAL (ACK.NOWLED~EME~ BY CONTRACTOR, IF A C~ORATION) STATE O~': ~!o¥~)t~e~. ....... ) CO~Wt' ~u~ .... )SS~ ,, ; ~is ,~ ~ ~ of ~ ,20,/~ ,~ NOTARY PUBLIC, State of New No. 4918146 / Qualifi~ i. Suffolk ~u~ ~mission ~ims ~Uj~ 1, 2~ Form of Bid Bong Page2 of 3 3O (AC~O~EM~T BY GONT~O~ IF A P~ERSHIP) STATE OF~ ,,, ~ ) CO~f OF: .... ) $~: , , _ On ~ , day of, ,20~ ~ ~ly ~ ~u~ t~ fo~g°~8 ina~t:~ ~e Ft~ ~e of~ , ~ , ~d he duly a~k~w~ged m me ~t ~ exerted t~ s~e for ~ in ~ b~f ~ ~ fi~ for ~ u~s ~ pu~ mentlo~ th~ein. (ACICNOWLED~. EME1VT BY I~NDIVIDI, JAL CONTRAC'I~R) S'['ATE OF: ........... COUNTY OF: : ........... ) S~tN: ~ , , .... On this ' day of., , 20~ befor~ m~pe~o~ally ~ who ~ ~e fo~gol~ ~t~d duly Form of Bid Bond Appe~dt~ C Page 3 of 3 31 Tow~ of $ou~old ]~.d,. Ma~s Hauli~ Servk~-~ M~PENDIX A. 8U]iE~ VEPJFICAT]ON iden~ifioa~on that Bed<ley Reg!o, na! Insurance Company the Su~y*Compa~y for,,, Trinity Transportation Corp. in the evem thc Bidder enters iut~ an A.~rn~ment with thp Tow~. '['he Surety Compm~y that such (L.S.) Comptmy ia li~ ~o do busing~s ~ ~ St~ ofNew Y~k, / (Seal) ~ _Berkley Regional Insurance Company Jeffrey W. Radovich, Attorney in-fact Su~ty Appe~dlx A 27 ~tate of .~ Counl7 o~ < to ms known. and knov~ to me to be the indtvid~ de;cttbed k~ m~d who executed the foregoing ine~ment, amd m:~no~adged to me that &/ha State of --I ss. County of On b~is day of ,20 . be~re me pesona~ e, mne .to me ~no~n and kn~w~ to me to be a mambm of the finn of dsaatbed in and who executed the foregoing tnst~nant, and s/he thereupon acknowledged to me that s,'ne executed the same as and for the act and deed of said fin'n. My comril~l~n~s NofmyPu~c State of --1 County of On ~ia day of ,20 , befme me ps.orally ease · to ma Imown. who being by me duly sworn. <:lid depose and say that s/he is the tbs c~tk~ d~l~ in ~nd ~<~c~ re(re=uteri tM ~ iMtr~manl; that ~1~e Mow~ the mi of ~ axpealion; thai Bm ~ affixed to said instrument is such ooeporato seal; Ihat It was m3 affixed by cedar of the Bead of Di~ of said cofl~stlon, and ttmt s~e signed hl~/he~ name thereto by lika order~ State al New York county ~. Nassau J o~ thu, 17th ~ Januaw .2(, 13 . bofme me pmso~a~y came JeffmyW. Rado~ch to me known, who, being by me duly awes, did depose and say ~at u~e is mn att0mey-k~-f~t et Berkley Reqional Insurance Company {n- F~ct bY a~th~t °~ the Board °f Oa'eck~ °f aWd c~tia~ and bY suavity ~ VIRGINIA CAP~ELLO Nots~ Public, Stats of New York No. 01CA6157198 Qualified in Nassau ~u~ty Commission ~pires I BERKLEY REGIONAL INSURANCE COMPANY STATUTORY BALANCE SHEET DECEMBER 31, 2011 (AMOUNTS IN THOUSANDS) Admitted Assets Bonds Common & Preferred Stocks Cash & Short Term Investments Prem/ums Receivable Other Assets 1,342,972 500,327 104,345 272,140 463,270 Total Admitted Assets $ 2,683,054 Liabilities & Surplus Loss & LAE Reserves Unearned Premium Reserves Other Liabilities 1,421,671 515,193 46,362 Total Liabilities $ 1,983,226 Capital Stock Additional Paid In Capital Unassigned Surplus 4,000 347,723 348,104 Total Policyholders' Surplus $ 699,827 Total Liabilities & Surplus $ 2,683,054 Officers: President: William Robert Berkley, Jr. Secretary: Ira Seth Lederman Treasurer: Ann Marie Collins Sr. Vice President & CFO: Eugene George Ballard Sr. Vice President: Robert Paul Cole Vice President: Clement Patrick Patafio Directors: Eugene George Ballard William Robert Berkley William Robert Berkley, Jr. Robert Paul Cole Paul James Hancock Robert Carmthers Hewitt Ira Seth Lederman Clement Patrick Patafio James Gerald Shiel Inquiry and Notification Rider Berkloy Sm'ety Group, LLC is tho atolls, tod underwriting m__anager for all of tho surety business of tho fol~owing affiliated companies: A .c~lia Insurance Company, Berld~y Regional Insurance Company, Carolina Castlalty lnstlranco Company, Union Standard hsurance Company, Union hsurance Company and Continental Wostora Oroup Insurance Company. To verify the authenticity of this bond please call: (973) 775-5021 or Telefax (973) 775-5024 Any written notices, inquiries, claims or demands to the surety on the bond'to which this Rider is attached should bo directed to: Berkley Surety Group, LLC 412 Mt. Kemble Ave. Suite 3101~ Morristown, NJ 07960 Attention: Surety Claims Department Tclcfax: (866) 408-2421 Please include with all notices the bond number and the _name of tho principal on the bond. Wher~ a claim is being asserted please sot forth generally the basis of tho claim. In the case of a payment or performance bond please identify the project to which the bond porlains. BERKLEY SURETY GROUP No. 125b POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, has made, constituted and appointed, and does by these presents make, constitute and appoint: Glen J. Radovich, John R. Keane or Jeffrey W. Radovich of Insight Companies, Inc. of Plainview, NY its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifteen Million and 00/100 U.S. Dollars (U.S.$15,000,000), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons, This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof, This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 2 I, 2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company. and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes alt previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." 1N WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 21%day of ~'~4J.~:w~ ,2011. Attest:S~L&a~nJ/[//""~ Berkley Regional Insurance Company (Sea[) By By , Senior Vice President & Secretary ~enior Vice President % ~RNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT ) ) ss: COUNTY OF FAIRFIELD ) Swom to before me, a Notary Public in the State ofConnecticut, this ~qg dayof }~d~ ,20II,byJeffreyM. Haflerand Ira S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of Berkley Regional Insurance Company.£lLl='£N KILL£1~'N MY COI~ISSION EXPIRES JUNE 80, ~012 ' Notary Public, State of Connecticut CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal ofthe Company, this i~-~ dayof ...>~/~ , ~,~ . (Seal) And['ew M. TulSa Instructions for Inquiries and Notices Under the Bond Attached to This Power Berkley Surety Group, LLC is the affiliated underwriting manager for the surety business of: Acadia Insurance Company, Berkley Insurance Company, Berkley Regional Insurance Company, Carolina Casually Insurance Company, Union Standard Insurance Company, Continental Western Insurance Company, and Union Insurance Company. To verify the authenticity of the bond, please call (866) 768-3534 or email BSGInquiry~berkleysurety.cmn Any written notices, inquiries, claims or demands to the surety on the bond to which this Rider is attached should be directed to: Berkley Surety Group, LLC 412 Mount Kemble Avenue Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or email BSGClaim~berkleysurety.com Please include with all notices the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please identify the project to which the bond pertains. 1"own of Southold Bid - Materials Hauling Services APPENDIX D - PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the "principal") and (hereinafter called the "Surety") are held and firmly bound to the Town of Southold (hereinafter called the "Owner") in the full and just sum of dollars (Fifty Thousand ($ 50~000) ) good and lawful money of the United States of America, for the payment of which sum of money, well and truly to be made and done, the Principal binds himself, his heirs, executors, administrators and assigns and the Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Agreement bearing date on the day of ,20 , with the Owner for the Town of Southold construction debris and recycled newspaper Haul 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 outlaw 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; Perfurmance Bond Appendix D Page 1 of 2 PROVIDED, HOWEVER, the Surety, for value received hereby stipulates and agrees, if requested to do so by the Owner, fully perfbrm and complete the work mentioned and described in said Agreement, pursuant to the terms, conditions, and covenants thereof, if tbr any cause the Principal falls 32 Town of Southold Bid Materials Hauling Services or~eglects to so fully perform and complete such work and the Surety further agrees to commence such v*~rk of completion within ten (I 0) 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 the completion thereof; and further PROVIDED, HOWEVER, the Surety, for value received, for itself and its successors and assigns, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by an extension of time, modification, work to be performed thereunder, or by any payment thereunder before the time required herein, or by any waiver of any provisions thereof, or by any assignment, subletting or other transfer of any work to be performed or any monies due or to become due thereunder; and said Surety does hereby waive notice of any and all of such extensions, modifications, omissions, additions, changes, payments, waivers, assignments, subcontracts and transfers, and hereby expressly stipulates and agrees that any and all things done and omitted to be done by and in relation to assignees, subcontractors, and other transferees shall have the same effect as to said Surety as though done or omitted to be done be or in relation to said Principal. IN WITNESS WHEREOF, the Principal has hereunto set his (their, its) hand and seal and the Surety has caused this instrument to be signed by its , and its corporate seal to be hereunto affixed this day of 20 (If Corporation add Seal and Attestation) By: Attest: Principal Surety (If Corporation add Seal and Attestation) By: Attest: Address of Surety Performance Bond Appendix D Page 2 of 2 33 #11009 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successfully commencing on the 10th day of January, 2013. Sworn to before me this NfYI"IC~ ~ BIDDEIlS NOTICE [S HEREBY G~,~ ac- ~ ~ ~e p~o~ of 1~ of ~e Gener~ M~p~ ~w, ~at ~ ~ ~m by theTo~ of ~u~old for one ~. S~o~ ~d bid pro~ fo~ may ~ ~ed at &e ~ of &e To~ ~erk, T~ ~ ~old, To~ ~, ~ B~ 11~, 5~ ~ R~d, Sou~ol~ New Y~ 11~1. ~ ~ bid, toge~er ~ a ~ ~ Bid ~te ~d b~ ~ ~ ~ ch~ ~ the ~o~t of $~, ~ ~ r~d ~ &e To~ Cl~, ~ ~ ~old ~ H~ ~ B~ II~, ~ ~ R~ Sou~old; ~w ~ ~ at w~ch ~e ~y ~ ~ o~ ~ ~M ~oud ~ public. ~e ~ ~ of ~e To~ of ~u~old ~ ~ ~t ~ re~ ~y ~d ~l bi~ ~ m~y~d~~y~ ~it ~ ~ ~ &e ~st ~ ~ of ~u&old m~ envel~ p~ m~k~ ~ ~ ~ to ~e ~ of ~ To~ ~k.~ ~d ~ ~ n~ ~ ~y t~, ~ ~l~,~ ~ ~e ~ of ~u~ld ~ e~mpt. Da~ ~ 2, ~13 E~E~ A. ~ Principal Clerk CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORI( No. 01V06105050 Qualified In Suffolk County LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for Materials Hauling Services by the Town of Southold for one year. Specifications and bid proposal form may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, PO Box 1179, 53095 Main Road, Southold, New York 11971. The sealed bid, together with a Non-collusive Bid Certificate and bank raft or certified check in the amount of $100.00, will be received by the Town Clerk, at the Southold Town Hall, PO Box 1179, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, January 24, 2013 at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all infbrmalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Materials Hauling Services", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: January 2, 2013 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JANUARY 10, 2013 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the tbllowing: The Suflblk Times Town Attorney Brown's Letters Town Clerk's Bulletin Board Town Board Members Dodge Reports Burrelle's Information Services Solid Waste Coordinator Bunchuck STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the '7 day of ~[-~av~o~q~,xt ,2013, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Material Hauling 1/24/13 (~l~zabet h'A~-~eville- - Southold Town Clerk Sworn before me this dayof 7~'~,nv~,r,~ ,2013. N&ary Public LYNDA M. RUDDER Notary Public, State of New York No. 01 RU6020932 Qualified iff Suffolk Countv Commission Expires March 8. ~0I--< BIDDER'S SOLICITATION MATERIALS HAULING SERVICES AGREEMENT DOCUMENTS TOWN OF SOUTHOLD STATE OF NEW YORK TOWN OF SOUTHOLD Prepared by: Solid Waste Management District P.O. Box 962 Cutchogue, NY 11935 January 2013 NOTICE TO BIDDERS MATERIALS TRUCKING SERVICES The Town of Southold will receive sealed bids for materials trucking services for the items identified herein (i.e., construction and demolition debris (C&D) and commingled recyclables consisting of tin/aluminum cans and glass and plastic containers (COM)), such bids to then be opened and publicly read aloud. The trucking services sought by the Town will involve moving C&D and COM collected at the Town's waste and recycling Transfer Station on Cox Lane in Cutchogue, NY to one or more specified destinations. THIS SOLICITATION SEEKS TRUCKING SERVICE(S) ONLY. NO DISPOSAL OR RECYCLING SERVICES ARE SOUGHT. PLACE: Office Of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 (631) 765-1800 DATE: Thursday, January 24, 20 l 3 TIME: 10:00 AM (LATE BIDS WILL NOT BE OPENED) 2 TOWN OF SOUTHOLD MATERIALS TRUCKING SERVICES GENERAL SERVICES SOUGHT The Town seeks prices for each of the following trucking tasks, in accordance with this Bid Solicitation: TASK 1: A bid price PER TRIP, to provide equipment and labor for hauling construction & demolition debris (C&D) from the Town of Southold Transfer Station at 6155 Cox Lane, Cutchogue, NY to the Town of Brookhaven C&D Landfill at 350 Horseblock Road, Yaphank, NY. TASK 2: A bid price PER TRIP to provide equipment and labor for hauling commingled recyclables consisting of tin and aluminum cans, plastic containers, and glass bottles (COM) collected through the Town of Southold's residential recycling program, from the Town of Southold Transfer Station at 6155 Cox Lane, Cutchogue, NY to the Town of Brookhaven Materials Recovery Facility (MRF) located at 350 Horseblock Rd., Yaphank, NY. THE TOWN IS CURRENTLY UNDER INTER-MUNICIPAL AGREEMENTS (IMA) TO DELIVER THE MATERIALS COVERED BY TASK 1 AND TASK 2 TO THE BROOKHAVEN DESTINATIONS SPECIFIED. THESE DESTINATIONS ARE NOT EXPECTED TO CHANGE DURING THE TERM OF ANY CONTRACT ENTERED INTO PURSUANT TO THIS BID. BY SUBMITTING A BID FOR THESE TASKS, THE BIDDER IS COMMITTING TO DELIVER SAID MATERIALS TO THESE LOCATIONS. BASIC AWARD CRITERIA The winning bid submitted in response to this solicitation will be based on the lowest price submitted for the two TASKS combined. The Town expects a single contractor to perform both Tasks. TERM The term of this Agreement shall be ONE (1) year from commencing from the date of award, expected to be on or about January 29, 2013. The Town and the winning bidder shall have a mutual option of renewing the Agreement for an additional one year term by agreeing together in writing to do so not less than thirty (30) days prior to the expiration of the initial term, at the price(s) agreed to herein. CERTAIN OTHER CONDITIONS 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 five thousand dollars ($5,000.00) wherein the named obligee shall be the Town of Southold (APPENDIX C). The successful Bidder shall be required to furnish a performance Bond, and insurance in accordance with the instructions in the Bid Solicitation (APPENDIX D). 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 should direct any questions concerning this solicitation to Mr. James Bunchuck, the Southold Town Solid Waste Coordinator at the Southold Town Transfer Station office 6155 Cox Lane, Cutchogue, NY 11935 (631) 734-7685. Bidders may visit the Transfer Station during normal business hours of 7:00 am - 5:00 pm, 7 days a week (except holidays). Appointments are not necessary, but may be scheduled by calling Mr. Bunchuck. Elizabeth A. Neville Town Clerk 4 TABLE OF CONTENTS GLOSSARY OF TERMS SECTION A- SUBMISSION REQUIREMENTS 1.0 Project Purpose 2.0 Schedule 3.0 Examination Of Agreement Documents 4.0 Information to be Submitted 4.1 Contractual Bid 4.2 Supplemental Information 5.0 Bid Format 6.0 Submission of Bid 7.0 Bid Guaranty 8.0 Execution Of Agreement 9.0 Consideration Of Bids 10.0 Selection Of Contractor 11.0 Acceptance of Bid 12.0 Assignment 13.0 Insurance and Bonds 13.1 Insurance 13.2 Bonds 14.0 Indemnity (Hold Harmless) 15.0 Payments 16.0 Default 17.0 Term of Agreement 18.0 Rights and Options SECTION B - BID SPECIFICATION 1.0 Requirements 2.0 Program Goals and Objectives 3.0 Potential Regulatory and Operational Changes 4.0 Character and Amounts of Materials 4.1 Quantities C&D 4.2 Quantities - ONP 4.3 Non-Compliance Waste 5.0 Schedule of Cutchogue Transfer Station 6.0 Program Activities 6.1 Contractor Responsibilities 6.2 Town Responsibilities 6.3 Routing Mode 6.4 Town of Southold Accident and Damage Policy 7.0 NYSDEC Part 360 Permit to Operate 8.0 Compensation 9.0 Safety and Health Regulations 10.0 Contacts 11.0 Supporting Data 9 9 9 9 10 10 10 10 10 11 11 11 12 12 12 12 12 13 13 13 13 13 14 15 16 16 16 16 17 17 17 17 18 18 18 18 19 19 19 19 20 20 5 SECTION C - CONTRACTOR BID FORM 21 1.0 General Bid Statement 2.0 Unit Price Bid Schedule 3.0 Signature Page 22 25 26 SECTION D - APPENDICES Appendix A - Surety Verification Appendix B - Subcontractors Appendix C - Form of Bid Bond Appendix D - Performance Bond 27 28 29 32 GLOSSARY OF TERMS ADMINISTiL~,TOR - 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 2013 . 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 of the first 365 days from the date a contract(s)/award(s) pursuant to this solicitation is signed by the parties. 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. I~ID SOLICITATION - Shall mean this document, specifications, and any bid addenda issued. COMMENCEMENT DATE - Shall mean the date a contract(s)/award(s) pursuant to this solicitation is signed by the parties. COMMINGLED RECYCLABLES - Shall mean glass, plastic, ferrous metal, aluminum or other material capable of being processed and recovered at the Town of Brookhaven MRF, located at the landfill complex on Horseblock Road, Yaphank, NY. 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. CONTRACT DOCUMENTS - Shall have the same meaning as Agreement Documents. CONTRACTOR - Shall mean the party contracting to perform the work, or the heirs, executors, administrators, agents, or successors thereof. COUNTY - Shall mean Suft~olk County, State Of New York. DAILY - Sunday to Saturday, inclusive. DESTINATION SITES - Permitted disposal site(s) designated by the Town for C&D and permitted recycling facilities designated by the Town. 7 GLOSSARY Glossary of Terms (cont'd) EPA - Environmental Protection Agency (Federal). HAUL SERVICES UNIT PRICE - Shall mean the Contractor's compensation in dollars for each ton of C&D debris or recyclables actually hauled from the Town Of Southold Transfer Station to the Town Designated Disposal/Recycling Site. HAZARDOUS WASTE - Shall mean (1) any "hazardous waste" as defined under the Resource Conservation and Recovery Act, 42 US.C. Section 6901 et seq., or "hazardous substance" as defined under the comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., or "hazardous waste" as defined under New York Environmental Conservation Law Section 27-0901 et seq., as each such law may be amended from time to time, and the regulations promulgated there under, and any analogous or succeeding Federal, state or local law, rule or regulation and regulations promulgated there under 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. ONP - Old Recycled Newsprint brought to the Southold MSW Transfer Station by residents and curbside collection carters, including newspaper, glossy inserts, magazines, paperback books, office paper, and construction paper. ONP is NOT intended to include paper used for cleaning or hygiene purposes such as paper towels, napkins, or tissues. OSHA - Federal Williams-Steiger Occupations Safety & Health Act of 1970, plus subsequent revisions. 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 oflhl. (Solid Waste does not include C&D waste, recyclables, hazardous, or infectious waste). SUBCONTRACTOR - Shall mean an individual, firm or corporation having a direct contract with the Contractor for services, equipment, materials and/or labor. SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS AND AWARD BASIS 1.0 PROJECT PURPOSE The Town of Southold seeks bids for the hauling of construction and demolition debris (C&D) and commingled recyclables (COM) from the Town of Southold Transfer Station to specified permitted Destination Site(s) owned and operated by the Town of Brookhaven. 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 Bid Opening Town Board Approval Agreement Executed Operations Commencement DATE 10:00 am, January 24, 2013 January 29, 2013 On or Before February 11, 2013 Day Agreement is Executed 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 Bid Documents thoroughly; (b) become familiar with conditions at the Town of Southold Transfer Station and Destination Sites that may affect cost, progress, performance or furnishing of the work; (c) 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; (d) study any Bid and/or Agreement Documents carefully; and (e) notify the Town Clerk of all conflicts, errors or discrepancies in the Agreement Documents. The submission of a Bid becomes a representation that Bidder has complied with every requirement of this Bid Solicitation, that the Bid is based 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. 9 5.0 6.0 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: ii. iii. Contractor Bid Form Bid Security or Bid Bond (SEE APPENDIX C) Supplemental Information as described in 4.2 4.2 Supplemental Information In addition to the aforementioned forms, the Bidder is required to submit the following supplemental information with his bid: A statement that the Bidder has or will acquire all manpower, materials and supplies, mobile equipment, etc., necessary to provide the Town with all services sought under the Agreement. ii. A copy of any current Permit(s) to transport C&D and/or municipal recyclables as required. iii. Identification of the Surety company supplying the Performance Bond specified herein. (SEE APPENDIX A). iv. A list of any Subcontractors the Bidder intends to use to complete any portion of the work. 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. (SEE APPENDIX B). BID FORMAT Form Preparation Bid prices shall be submitted in the form described in this Bid Solicitation (SEE PAGE 25 ). Bid prices shall be properly filled in, using both words and numerals where indicated. B1DS 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. SUBMISSION OF BID Each Bidder shall submit a complete set of his Bid which shall be enclosed in a sealed 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. 10 When sent by mail, preferably registered, the sealed Bid, marked as above, should be enclosed in an additional envelope similarly marked and addressed to: Elizabeth Neville Southold Town Clerk Town Hall 53095 Main Road Southold, New York 11971 7.0 BID GUARANTY The guaranty of $5,000 may be certified check, bank draft, money order, standard form irrevocable letter of credit, or a bid bond in the form attached (APPENDIX C). 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 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 Materials Hauling Services, if so required by the Town. 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 fifty thousand dollars (50,000). This bond (as shown by example in Appendix D), shall be maintained at the Contractor's own expense for the term of the Agreement. Failure to do so shall constitute a breach 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. 9.0 CONSIDERATION OF BIDS The Town of Southold reserves the right to reject any/or all bids for haul and disposal services if such action is deemed to be in the best interests of the Town. To be considered responsive to this Bid Solicitation, each Bidder shall A) provide equipment, labor, maintenance and management services to haul C&D and recyclables from the Town of Southold Transfer Station designated Destination Site(s) as set forth in Section B - Bid Specifications. 11 B) 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). C) 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, operating, and maintenance experience to fulfill the Town's goads and comply with the applicable local, state, Federal laws, ordinances, and regulations will be accepted. The Town will review the bids and make a selection recommendation based on the evaluation criteria included in this Bid Solicitation or take such other action as it deems in its best interest. Any agreement awarded hereunder will be to the responsible Bidder whose Evaluation Unit Bid Price is the lowest. The Town of Southold reserves the right, in its sole discretion, to reject all bids submitted in response to this Bid Solicitation. 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 perform the work described in the Bid Documents and to execute any other Agreement Documents that may be required by the Town. 12.0 ASSIGNMENT The successful Bidder to whom any Agreement shall be let, granted, or awarded shall not assign, transfer, convey, sublet, or otherwise dispose of the Agreement or of his right, title, or interest therein or his power to execute such Agreement, to any person or corporation without the prior written consent of the Town. 13.0 INSURANCE AND BONDS 13.1 Insurance For the period the Agreement is in effect, 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. 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 evidence that it maintains the following types and amounts of insurance: 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 12 corporation making or executing same shall secure compensation coverage for the benefit of, and keep insured during the life of said Agreement such employees in compliance with provisions of the Worker's Compensation Law. General 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. 13.2 Bonds 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. 14.0 INDEMNITY (HOLD HARMLESS) 16.0 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 obligation shall be ongoing, survive the term of the Agreement and include, but not be limited to, claims concerning non-sudden environmental impairments. 15.0 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 trips from the Town of Southold Transfer Station including the tonnage of all materials hauled and the manifest number for each load removed. Such payments shall be made within sixty (60) days of the Town's approval of Contractor's invoice. Contractor's monthly invoice shall include a daily summary of tonnage received by Contractor at the Transfer Station. The Town shall be entitled to deduct from any payment owing to Contractor any sums expended by the Town to cure any default or other non-compliance by Contractor. 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. 17.0 TERM OFAGREEMENT The term of this Agreement(s) shall be one (1) year commencing on the date of execution of the Agreement. The Town and the contractor(s), shall have the mutual option of renewing the 13 18.0 Agreement for one (1) additional one (1) year term through written notice not less than thirty (30) days prior to the expiration of the term. RIGHTS AND OPTIONS The Town of Southold, New York, reserves and holds at 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. 14 SECTION B BID SPECIFICATIONS (TECHNICAL/MANAGEMENT) 15 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 (631) 765-1800) The effort, shall be known as the Town of Southold Materials Trucking Services. The Town of Southold seeks to engage a qualified Contractor to haul Construction and Demolition Debris (C&D) and commingled recyclables (COM) received at its MSW Transfer Station in Cutchogue, NY to Town-designated Destination Sites. The Town will need to dispose of approximately 2,500 tons of C&D and 1,500 tons of COM during each year of the agreement. Specifically, the contractor(s) must provide equipment, labor, maintenance, management and policies to operate a transportation system for hauling C&D and COM as described herein. The contractor must perform all work in accordance with applicable federal, state, and local regulatory requirements. 2.0 PROGRAM GOALS AND OBJECTIVES The goal of this project is the continued safe and reliable hauling and disposal of the C&D debris and COM from the Town Of Southold Transfer Station at minimum cost to the citizenry. 3.0 POTENTIAL REGULATORY AND OPERATIONAL CHANGES During the term of the Agreement, there may be regulatory and operational changes which may Affect the quantities of materials received at the Town of Southold Transfer Station for transport by the contractor. 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 AND AMOUNTS OF MATERIALS The wastes which are to be hauled and disposed of under terms of this bid solicitation are to include typical C&D wastes and COM from a suburban community, as described in the Glossary of Terms. 16 4.1 Quantities - C&D It is believed that only about 25% of the C&D waste generated within the Town passes through the Transfer Station, as a result of relatively high tip fees that discourage use by larger commercial carters. Should economic conditions change, an increase in tonnage handled by the transfer station is possible. CURRENT PRACTICE: The Town currently utilizes a 100-cubic yard walking floor trailer for C&D removal. In 2012 the average weight of un-processed C&D in each trailer load was 17 tons (net). 4.2 Quantities - COM Projected tonnages of COM subject to hauling under this bid are expected to be more stable, in the 1,200 - 1,500 tons per year range. Changes to the Town's Recycling programs may affect the quantity and characteristics of the waste received at the Town of Southold Transfer Station. CURRENT PRACTICE: The Town currently utilizes 100-cubic yard walking floor trailers for COM removal. The average weight of COM in each trailer load is 14.5 tons (net). 4.3 Non-Compliance Waste 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 by the Town. 5.0 SCHEDULE OF CUTCHOGUE TRANSFER STATION 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 Transfer Station's business office hours are 8:00 A.M. 4:00 P.M. Monday through Friday. The Transfer Station is closed on the following holidays: New Year's Day Lincoln's Birthday Easter Sunday Independence Day Columbus Day Veterans Day Thanksgiving Christmas Martin Luther King Day Presidents Day Memorial Day Labor Day Election Day 12:00 Noon day before Thanksgiving 12:00 Noon day before Christmas 12:00 Noon day before New Year's Day 17 6.0 PROGRAM ACTIVITIES 6.1 Contractor Responsibilities The Contractor will be expected to be available to remove materials from the Transfer Station during the following hours: Monday through Sunday 7:00 A.M. to 4:00 P.M., although Sunday removals are generally not expected to be needed unless specifically requested by the Town. The Contractor will be expected to provide enough containers so that C&D delivered to the Town Transfer Station can be loaded within 72 hours of its delivery, and COM is loaded upon accumulation at the Transfer Station of not more than 100 cubic yards. The staging of an adequate number of containers for this purpose will be coordinated with Transfer Station Staff as needed. The contractor shall deliver empty transfer containers to the Transfer Station for loading by Town personnel, who will then stage loaded trailers at a mutually convenient location at the Transfer Station for removal. Containers shall have covers available, although empty containers delivered to the Transfer Station shall be left open. THE TOWN WILL CONSIDER ALL TRANSPORT OPTIONS, WITH A PREFERENCE HOWEVER TOWARD THOSE THAT PROPOSE CONTAINERS OF A SIZE LARGE ENOUGH TO HOLD THE STANDARD MAXIMUM WEIGHT ALLOWED BY NEW YORK STATE DOT (80,000 LBS), SUCH AS 100 CUBIC YARD CAPACITY LONG-HAUL TRANSFER TRAILERS. 6.2 Town Responsibilities Town staffwill load materials into contractor containers using a front end wheel loader. After loading, the Town will bring transfer containers to the Town's truck scales for weighing to prevent overloading and to document haul and disposal tonnages. Town personnel will then cover (tarp) the loads prior to leaving the site. The Town will at all times exercise due caution with regard to loading and/or moving the Contractor's equipment and agrees to notify the Contractor promptly of any damage or unusual occurrence with regard to the equipment while it is under the care and control of the Town. 6.3 Routing Mode Contractor will have the right to select the route(s) for travel from the Town of Southold transfer Station to the Destination 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. 18 6.4 TOWN OF SOUTHOLD ACCIDENT AND DAMAGE POLICY The Contractor and The Town shall be required to prepare an Accident Report for any accidents and/or damage that occur while performing respective duties under the term of the Agreement. Both parties agree to notify the other immediately of any major occurrences such as bodily injury or structural damage to the Town's Transfer Station or the Town's or Contractor's equipment. An Accident Report will be submitted to the appropriate within twenty-four (24) hours containing the date, time, location, and complete description of all incidents. If occurring at the Town's facility, the offending parts or representative/s thereof shall also be recorded and required to sign any accident/damage report prior to departing the Town of Southold Transfer Station. 7.0 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 available for viewing at the Transfer Station business office upon request.. 8.0 COMPENSATION The Town will compensate the Contractor for materials hauled on a per-trip basis. The Contractor's manifest summary may be used for billing purposes, but will be compared against the Town's scale receipts before the Town makes payment. In the event of any dispute over differences in net trip counts between the Town and Contractor's records, the Town may make payment upon the trip count 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. 9.0 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). The Contractor shall comply with all local, state and Federal regulations, laws and statutes which apply to the work and to safety in particular. The Contractor shall comply with New York State Department of Labor current requirements. The Contractor shall be solely and completely responsible for operational safety during performance of the Agreement. The obligation exists twenty-four (24) hours a day, each and every day throughout the term of the Agreement. The Town of Southold shall not have any responsibility for means, methods, sequences 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 19 10.0 CONTACTS The Contractor shall provide the Town with a list of key personnel/staff that will be servicing the account for the contractor, including job title, names and telephone numbers. 11.0 SUPPORTING DATA In the event the Town requires any information in support of its' operations or to meet federal,state, or local reporting requirements, the Contractor agrees to furnish all licenses, permits and inspection reports regarding equipment and disposal sites which may be required by Town, County, State or Federal law within 48 hours of being requested by the Town. In the event the Contractor requires any information in support of its' operations or to meet federal, state, or local reporting requirements, the Town will provide such information as it applies to Southold Town operations. 20 SECTION C CONTRACTOR BID FORM SECTION C TOWN OF SOUTHOLD CONSTRUCTION MATERIAL AND/OR DEMOLITION DEBRIS SERVICES CONTRACTOR BID FORM 1.0 GENERAL BID STATEMENT TO: TOWN OF SOUTHOLD STATE OF NEW YORK 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 Gentlemen: The undersigned Bidder has carefully examined the forms and content of the Bid Solicitation, including notice to bidders, bid bond, sample operating agreement, performance bond, certificates of insurance, general conditions, bid specifications, and addenda, has familiarized itself with the sites of work, and hereby proposes to furnish all necessary services, permits, labor, materials, equipment, vehicles, and tools required to perform and complete the work in strict accordance with all of the bid documents written by or on behalf of the Town of Southold for this project. The undersigned Bidder agrees to abide by all conditions stated, intended, 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 notification of insurance within ten (10) calendar days. SECOND: To begin Materials hauling services operations on the commencement date of any Agreement awarded hereunder. 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. 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, sexual orientation, marital status, national origin, or physical disability. 22 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 Commission for Human Rights, the Attorney General, and the Industrial Commissioner for purposes of investigation to ascertain compliance with these on discrimination clauses and such sections of the Executive Law and Civil Rights Law, 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. 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. 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. 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: The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening. No attempt has been made nor will be made by the Bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The undersigned also declares that it has or they have carefully examined the Bid Solicitation requirements and sample operating agreement and that it has or they have personally inspected the actual location of work, together with the local sources of supply, has or have satisfied itself or themselves as to all the quantities and conditions, and waives all rights to claim any misunderstanding, omissions or errors regarding the same which such inspection and observation would have disclosed. 23 The undersigned submits herewith a bid guaranty within the form provided by the applicable bid documents in the amount of $5,000.00 (Appendix A) 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. The Bidder has completed the Contract Bid Form and Unit Price Schedules in both words and numerals in accordance with these bid requirements. 24 2.0 UNIT PRICE BID SCHEDULE, MATERIALS HAULING SERVICES, SOUTHOLD TOWN, NEW YORK TASK 1 TASK2 C&D HAULED TO BROOKHAVEN LF Container Type (i.e., trailer, roll-off, etc.): Container Size (in cu. Yds): Estimated # Trips (based on 17 tons per 100 yds) Price per trip (in words): Price per trip (in numerals): ITASK 1 ESTIMATED TOTAL COST (Price per trip X # of Trips): COMMINGLED RECYCLABLES TO TOWN OF BROOKHAVEN MRF Container Type (i.e., trailer, roll-off, etc.): Container Size (in cu. Yds): Estimated # Trips (based on 14.5 tons per/100 yds) Price per trip (in words): Price per trip (in numerals): ITASK 2 ESTIMATED TOTAL COST (Price per trip X # of Trips): PAGE 25 Town of Southold Bid - Materials Hauling Services 3.0 SIGNATURE PAGE The undersigned hereby submits the foregoing prices to furnish Materials Hauling Services as described in this solicitation: Bidder: By: Print: Firm-Corporation Signature q Authorized Representative Date Address Title 26 Town of Southold Bid - Materials Hauling Services APPENDIX A - SURETY VERiFICATION 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 that such Company is licensed to do business in the State of New York. (Seal) By: (L.S.) Principal Surety Company Surety Verification Appendix A 27 Town of Southold Bid - Materials Hauling Services APPENDIX B - SUBCONTRACTORS The Bidder hereby states that it proposes, if awarded an Agreement to use following haul subcontractors on this project. Subcontractor/ Contract Trade Individual Address Phone # Specialties Name of Bidder: By:. (Authorized Signature) Date: NOTE: If blank not applicable, fill in with N/A 28 Town of Southold Bid- Materials Hauling Services APPENDIX C - FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and firmly bound unto The Town of Southold the sum of Five Thousand Dollars ($ 5,000.00) as Surety, are hereby held and as Owner in for the payment of which, will end truly be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this ., 20 day of 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 contract in writing, for the hauling of construction debris material and/or recycled newspaper; NOW, THEREFORE, If said Bid shall be rejected or in the alternate, 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 end 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. (a) (b) Appendix C Page I of 3 Form of Bid Bond 29 Town of Southold Bid Materials Hauling Services The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension, IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of Them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Principal (L.S.) Surety By: Address of Surety: SEAL (ACKNOWLEDGEMENT BY CONTRACTOR, IF A CORPORATION) STATE OF: ) COUNTY )SSN : On this day of ,20 , 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 executed the foregoing instrument; that he knows the seal of the corporation; that the seal affixed to the instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of the corporation; and that he signed his name thereto by like order. Notary Public Form of Bid Bond Appendix C Page 2 of 3 30 Town of Southold Bid - Materials Hauling Services (ACKNOWLEDGEMENT BY CONTRACTOR. IF A PARTNERSHIP) STATE OF: ) COUNTY OF: ) SSN: On this day of ,20 , before me personally came , to ms known, and known to me to be a member of the firm of and known to me to be an individual described in, and who executed the foregoing instrument in the Firm name of and he duly acknowledged to me that he executed the same for and in the behalf of said firm for the uses and purposes mentioned therein. STATE OF: COUNTY OF: On this Notary Public (ACKNOWLEDGEMENT BY INDIVIDUAL CONTRACTOR) ) day of and who executed the foregoing instrument and duly Acknowledged that he executed the same. Notary Public ) SSN: ., 20 , before me personally came , to me known and known to be the person described in Form of Bid Bond Appendix C Page 3 of 3 31 Town of Southold Bid Materials Hauling Services APPENDIX D - PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the "principal") and (hereinafter called the "Surety") are held and firmly bound to the Town of Southold (hereinafter called the "Owner") in the full and just stun of dollars (Fifty Thousand ($ 50,000) ) good and lawful money of the United States of America, for the payment of which sum of money, well and truly to be made and done, the Principal binds himself, his heirs, executors, administrators and assigns and the Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Agreement bearing date on the __ day of ,20 , with the Owner for the Town of Southold construction debris and recycled newspaper Haul 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 outlaw 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 Appendix D Page 1 of 2 PROVIDED, HOWEVER, the Surety, for value received hereby stipulates and agrees, if requested to do so by the Owner, fully perform and complete the work mentioned and described in said Agreement, pursuant to the terms, conditions, and covenants thereof, if for any cause the Principal falls 32 Town of Southold Bid Materials Hauling Services or neglects to so fully perform and complete such work and the Surety further agrees to commence such work of completion within ten (10) calendar days after written notice thereof from the Owner and to complete such work within ten (10) calendar days from the expiration of the time allowed the Principal in the Agreement the completion thereof; and further PROVIDED, HOWEVER, the Surety, for value received, for itself and its successors and assigns, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by an extension of time, modification, work to be performed thereunder, or by any payment thereunder before the time required herein, or by any waiver of any provisions thereof, or by any assignment, subletting or other transfer of any work to be performed or any monies due or to become due thereunder; and said Surety does hereby waive notice of any and all of such extensions, modifications, omissions, additions, changes, payments, waivers, assignments, subcontracts and transfers, and hereby expressly stipulates and agrees that any and all things done and omitted to be done by and in relation to assignees, subcontractors, and other transferees shall have the same effect as to said Surety as though done or omitted to be done be or in relation to said Principal. IN WITNESS WHEREOF, the Principal has hereunto set his (their, its) hand and seal and the Surety has caused this instrument to be signed by its , and its corporate seal to be hereunto affixed this day of 20 (If Corporation add Seal and Attestation) By: Attest: Principal (If Corporation add Seal and Attestation) By: Attest: Address of Surety Surety Performance Bond Appendix D Page 2 of 2 33 NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. Signed: Print name Corporate Title (if any) Company Name Mailing Address Phone Number BID ON Material Hauling 1/24/13 Page 1 of 1 Rudder, Lynda From: Reisenberg, Lloyd Sent: Monday, January 07, 2013 1:22 PM To: Rudder, Lynda Subject: RE: bids Posted Lloyd H, Reisenberg Network and Systems Administrator Town of Southold, New York Email: IIoyd. reisenberq~.town.southold, n¥.us Office: 631-765-1891 Cell: 631-879-1554 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Rudder, Lynda Sent: Monday, January 07, 2013 1:13 To: Bunchuck, Jim; alkrupskitown@yahoo.com; Andaloro, .lennifer; Bell:z, Phillip; Cushman, John; Doherty, Jill; Finnegan, Martin; Krauza, Lynne; Legals (cschott@timesreview.com); Louisa Evans (Ipevans06390@gmail.com); Reisenberg, Lloyd; Russell, Scott; Standish, Lauren; Talbot, Christopher; Tomaszewski, Hichelle; William Ruland Subject: bids please publish in the 1/10 edition of the Suffolk Times and on the Town Website 1/10/2013 Page I of 1 Rudder, Lynda From: Candice Schott [cschott@timesreview.com] Sent: Monday. January 07, 2013 1:46 PM To: Rudder, Lynda Subject: Re: bids We are good to go for this week. :) From: <Rudder>, Lynda <lynda.rudder(o~town.southold.ny.us> Date: Monday, January 7, 2013 1:12 PM To: "Bunchuck, Jim" <ibunchuckl~town.southold.ny.us>, "alkrupskitown~yahoo.com" <alkrupskitown~yahoo.com>, "Andaloro, Jennifer" <jennifer.andaloro(~town.southold.ny.us>, "Beltz, Phillip" <Phillip. Beltz~town.southold.ny.us>, "Cushman, John" <John.Cushman~town.southold.ny.us>, "Doherty, Jill" <jill.doherty~town.southold.ny.us>, "Finnegan, Martin" <martin.finneRan~town.southold.ny.us>, "Krauza, Lynne" <lynne.krauza~town.southold.ny.us>, Candice Schott <cschott(?timesreview.com>, "lpevansO6390~gmail.com" <lpevansO6390@gmail.com>, "Reisenberg, Lloyd" <Lloyd. Reisenberg(~town.southold.ny.us>, "Russell, Scott" <Scott. Russell(~town.southold.ny.us>, "Standish, Lauren" <Lauren.Standish~town.southold.ny.us>, "Talbot, Christopher" <christopher.talbot~town.southold.ny.us>, "Tomaszewski, Michelle" <michellet(~town.southold.ny.us>, William Ruland <rulandfarm~yahoo.com> Subject: bids please publish in the 1/10 edition of the Suffolk Times and on the Town Website 1/10/2013