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HomeMy WebLinkAboutTrinity Transportation Corp ,mree, ®g RESOLUTION 2013-269 ADOPTED DOC ID: 8686 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTIONINO. 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 [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER: William Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell ORIGINAL AGREEMENT aol, THIS AGREEMENT, made on the _,:5_ day of , 2@:F31 by and between the Town of Southold, a municipal corpor tion of the State of New York having its principal place of business at 53095 Main Road, Southold, New York, hereinafter called the "Town" and Trinity Transportation Corp., having its principal place of business at 214 Blydenburgh Road, Islandia, New York, hereinafter called the "Contractor". WITNESSETH: WHEREAS, Contractor has submitted to the Town a bid dated March 4, 2013, ("Bid") in response to the Town's Bid Solicitation for Materials, Hauling and Disposal Services dated February 12, 2013 ("Solicitation"), a copy of which is attached hereto in pertinent part as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the Town Board of the Town of Southold by Resolution No. 2013- 376 adopted on May 7, 2013, authorized the Town Supervisor to enter into an Agreement with the Contractor to perform certain services in connection with the handling of solid waste; NOW, THEREFORE, it is mutually covenanted and agreed by and between the parties hereto as follows: 1. DEFINITIONS Terms defined in the Bid Solicitation shall have the same meaning as if defined herein. II. SCOPE OF SERVICES The Contractor shall perform the services in accordance with the description of those services as set forth in the Solicitation, and more particularly described in the Bid Specifications attached thereto as Section "B". III. TERM OF AGREEMENT The term of this Agreement shall be one (1) year commencing on May 20, 2013. The Town and the Contractor shall have a mutual option of renewing the Agreement for an additional one (1) 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. -1- IV. PRICE SCHEDULE/COMPENSATION The sum of $425.00 will be paid to Contractor for each truckload, materials hauled in accordance with the unit bid price schedule for each Task attached hereto as Exhibit "B". V. PAYMENTS The Contractor shall receive monthly payments for services performed during the prior calendar month. The Contractor shall submit a request for payment on a Town approved voucher form along with Contractor's invoice which shall include a daily summary of tonnage hauled by Contractor to a Destination Site and disposed by Contractor at a Destination Site as applicable. Such payments shall be made within sixty (60) days of the Town's approval of Contractor's invoice. The Town shall be entitled to deduct from any payment owing to Contractor any sums expended by the Town to cure any default or other Agreement or non-compliance by Contractor or to protect the Town from loss on account of claims filed or reasonably anticipated to be filed. VI. CONTRACTOR'S WARRANTIES AND REPRESENTATIONS Contractor makes the following warranties and representations: A. Contractor represents that the Town has made no commitment under this Agreement with respect to the volume of materials to be handled by Contractor during the term of this Agreement. B. Contractor warrants that Contractor shall comply with all federal, state and local laws, ordinances, and regulations applicable to all of the services to be performed by Contractor. C. The Contractor represents that Contractor shall utilize its best efforts to insure that Minority and Women Owned Businesses (MBE's and WBE's) have the opportunity to participate as subcontractors under this Agreement. In the event the Contractor subcontracts twenty-five percent (25%) or more of its work hereunder, Contractor shall submit to the Town a WBE Utilization Plan, prior to execution of this Agreement. D. Contractor shall haul all construction and demolition debris (C&D) from the Town's Transfer Station at 6155 Cox Lane, Cutchogue, New York, to the Town of Brookhaven C&D Landfill at 350 Horseblock Road, Yaphank, New York. Contractor shall haul all commingled recyclables consisting of tin and aluminum cans, plastic containers, and glass bottles (COM) collected through the Town's Residential Recycling Program from the Town's Transfer Station at 6155 Cox Lane, Cutchogue, New York, to -2- the Town of Brookhaven Materials Recovery Facility (MRF) located at 350 Horseblock Road, Yaphank, New York. VII. INDEMNIFCATION INSURANCE/BONDS A. Contractor agrees to defend, indemnify and save harmless the Town of Southold against any and all liability, loss, damage, detriment, suit, claim, demand, cost, charge, attorneys' 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 Contractor carrying out or performing under the terms of this Agreement, or failure to carry out any of the provisions, duties, services or requirements of this Agreement, whether such losses and damages are suffered or sustained by the Town directly or by its employees, licensees, agents, engineers, citizens or by other persons or corporations, including any of Contractor's employees or agents who may seek to hold the Town liable therefore. This obligation shall be ongoing, shall survive the term of this Agreement and include, but not be limited to, claims concerning non-sudden environmental impairments. The Contractor shall join in the commencement of any action or proceeding or in the defense of any action or proceeding which in the opinion of the Town constitutes actual or threatened interference or interruption with the Town's rights hereunder, including all appeals which, in the opinion of the Town, may be necessary. B. , Contractor shall procure and maintain the insurance described in Section 12.1(A) of the Solicitation for a period commencing on the date of this Agreement and terminating no earlier than one year following termination of services under this Agreement. All such insurance coverage shall name the Town as an additional insured and shall provide that the coverage shall not be changed or canceled until thirty (30) days written notice has been given to the Town. All such insurance shall be issued by a company duly authorized to transact business in the State of New York and acceptable to the Town and shall include all riders and additional coverage necessary to insure that Contractor will be financially able to meet its obligations under the foregoing indemnification. C. Contractor shall, for the period of the performance of services hereunder, maintain a Performance Bond in the amount of two hundred fifty thousand ($250,000.00) dollars wherein named obligee is Town of Southold. The Bond shall be in a form acceptable to the Town Attorney and issued by a surety licensed to do business in New York as a surety. VIII. FORCE MAJEURE If either party is delayed or prevented from fulfilling any of its obligations under this Agreement due to any act, event or condition, whether affecting the Town, the Contractor, or the Destination Site, to the extent that it materially and adversely affects the ability of either party to perform any obligation hereunder (except for payment -3- obligations), and if such act, event or condition is beyond the reasonable control and is not also the result of the willful or negligent action, inaction, or fault of the party relying thereon as justification for not performing an obligation or complying with any condition required of such party under the Agreement, the time for fulfilling that obligation shall be extended day-by-day for the period of the uncontrollable circumstance; provided, however, that the contesting in good faith or the failure in good faith to contest such action or inaction shall not be construed as willful or negligent action or a lack of reasonable diligence of either party. Subject to the foregoing, such acts or events shall include the following: (1) an act of God (but not including reasonable anticipated weather conditions for the geographic area of the Town or Destination Site) hurricane, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil disturbance; (2) the failure of any appropriate Federal, State, County, Town or local public agency or private utility having jurisdiction in the areas in which the Transfer Station or Destination Site is located to provide and maintain utilities, services, water and sewer lines and power transmission lines which are required for the operation or maintenance of the Transfer Station or Destination Site; (3) governmental pre-emption of materials or services in connection with a public emergency or any condemnation or other taking by eminent domain of any portion of the Transfer Station or Destination Site; and (4) the presence of hazardous waste upon, beneath or migrating from the Transfer Station. It is specifically understood that none of the following acts or conditions shall constitute uncontrollable circumstances: (a) general economic conditions, interest or inflation rates, or currency fluctuations; (b) the financial condition of the Town, the Contractor, any of its affiliates or any subcontractor; (c) union work rules, requirements or demands which have the effect of increasing the number of employees employed otherwise increasing the cost to the Contractor of operating its haul operation or the Destination Site; (d) equipment failure; (e) any impact of prevailing wage law, customs practices on the Contractor's costs; (f) any act, event or circumstances occurring outside of the United States; or (g) any change in law or in the permit conditions or status of the Transfer Station Destination Site or alternate Destination Site. IX. SUBCONTRACTS Contractor shall not enter into any subcontracts in connection with the services to be performed by Contractor hereunder without the prior written approval by the Town of such subcontracts. All such subcontracts shall make express reference to the terms and conditions of this Agreement and shall obligate the subcontractor to comply -4- with all applicable Federal, State and local laws, ordinances or regulations relating to the services to be performed under the subcontract. In the event the subcontractor is required to furnish any insurance or bonds for the benefit of Contractor, the Town shall also be named as an additional insured or obligee. X. PREVAILING WAGE RATES Contractor agrees to comply with the provisions of the New York State Labor Laws relating to the payment of prevailing wage rates to the extent applicable, or the applicable State Law in the State of disposal. In the event that at any time during performance under this Agreement the Contractor is required to increase the wages paid to any of its employees as a result of such requirement, all costs shall be bome exclusively by Contractor. XI. DEFAULT In the event the Contractor fails to perform its obligations under the Agreement, the Town may terminate the Agreement, procure the services from other sources and hold the Contractor responsible for any costs incurred. The Town may also deduct such costs from payments owing to the Contractor and/or draw upon the Performance Bond as full or partial reimbursement for such excess costs. The Town reserves the right to terminate the Agreement for just cause. XII. LIMITATION OF FUNDS The Contractor agrees that this Agreement shall be deemed executory only to the extent of the funds currently available for the purposes of this Agreement and that the Town incurs no liability beyond those available by authorization of the Town Board as of the date of this Agreement. XIII. DISPUTES/ARBITRATION Any disputes between the parties to this Agreement may be referred to arbitration by mutual agreement of the parties. Absent such an agreement, any actions or claims by either party hereto shall be commenced in Supreme Court, Suffolk County, New York. In the event the parties agree to arbitrate a dispute, such arbitration shall be conducted in accordance with the rules of the American Arbitration Association. In no event shall any demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitations. An award rendered by arbitrators following any such arbitration shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. -5- XIV. MISCELLANEOUS A. This Agreement shall be governed by the laws of the State of New York. B. Contractor shall not assign, convey or otherwise transfer its rights or obligations under this Agreement without the prior written consent of the Town. C. This Agreement, including all Exhibits and documents referred to herein, along with the Specifications, Solicitation and the Bid, and all Appendices and Exhibits thereto, represent the entire agreement between the Town and Contractor relating to the services to be performed hereunder. This Agreement may be modified only by written agreement of Contractor and the Town. D. To the extent of any inconsistency among the documents constituting the agreement of the parties, the priority among those documents shall be: I. This Agreement; 2. Exhibits hereto; 3. The Solicitation including Appendices; 4. Contractor's Bid. E. Without limiting any other right and/or remedy which the Town may have at law or under this Agreement, if the Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors or a receiver is appointed for the Contractor or any insolvency arrangement proceedings are instituted by or against the Contractor, the Town may terminate this Agreement. F. Contractor agrees that it will conduct itself consistent with its status, said status being that of an independent contractor and, Contractor, its employees or agents will neither hold themselves out nor claim to be an officer or employee of the Town of Southold nor make claim to any right accruing thereto including, but not limited to, Worker's Compensation, Unemployment Benefits, Social Security or retirement membership or credit. G. If any provision of this Agreement shall for any reason he held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement and this Agreement shall be enforced as if such invalid and unenforceable provision had not been contained herein. H. Contractor agrees that it shall not discriminate and that it shall cause there to be no discrimination against any employee who is employed in the work, or against any applicant for such employment, because of race, religion, color, sex, age, marital status, handicap or national origin in any manner prohibited by the laws of the -6- United States or of the State of New York. These requirements shall include, but not be limited to, the following: employment; upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. XV. NOTICES All notices required to be given hereunder shall be made in writing by first class mail addressed as follows: If to the Town: Supervisor of the Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 With a copy to: Solid Waste Coordinator Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 If to the Contractor: Trinity Transportation Corp. 214 Blydenburgh Road Islandia, NY 11749 Att: Patricia DiMatteo, Secretary IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. TOWN OF SO HOLD By: C3 c t A. Russell, Supervisor TR YT O TATION CORP. By: Patricia DiMatteo, Secretary -7- 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, March 7, 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 folauling 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 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 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 7 SECTION A- SUBMISSION REQUIREMENTS 9 1.0 Project Purpose 9 2.0 Schedule 9 3.0 Examination Of Agreement Documents 9 4.0 Information to be Submitted 10 4.1 Contractual Bid 10 4.2 Supplemental Information 10 5.0 Bid Format 10 6.0 Submission of Bid 10 7.0 Execution Of Agreement 11 8.0 Consideration Of Bids 11 9.0 Selection Of Contractor 11 10.0 Acceptance of Bid 12 11.0 Assignment 12 12.0 Insurance and Bonds 12 12.1 Insurance 12 12.2 Bonds 12 13.0 Indemnity (Hold Harmless) 12 14.0 Payments 13 15.0 Default 13 16.0 Term of Agreement 13 17.0 Rights and Options 13 SECTION B - BID SPECIFICATION 14 1.0 Requirements 15 2.0 Program Goals and Objectives 15 3.0 Character and Amounts of Materials 15 3.1 Quantities - C&D 15 3.2 Quantities - ONP 15 3.3 Non-Compliance Waste 16 4.0 Schedule of Cutchogue Transfer Station 16 5.0 Program Activities 16 5.1 Contractor Responsibilities 16 5.2 Town Responsibilities 17 5.3 Routing Mode 17 5.4 Town of Southold Accident and Damage Policy 17 6.0 NYSDEC Part 360 Permit to Operate 17 7.0 Compensation 18 8.0 Safety and Health Regulations 18 9.0 Contacts 18 10.0 Supporting Data 18 5 SECTION C - CONTRACTOR BID FORM 19 1.0 General Bid Statement 20 2.0 Unit Price Bid Schedule 23 3.0 Signature Page 24 SECTION D - APPENDICES Appendix A - Subcontractors 25 Appendix B - Performance Bond 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 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 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 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 facilities designated by the Town. GLOSSARY 7 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 MS W 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 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 8 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 DATE Bid Opening 10:00 am, March 7, 2013 Town Board Approval March 12, 2013 Agreement Executed On or Before March 29, 2013 Operations Commencement 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 terns and conditions for performing and furnishing the work. 4.0 INFORMATION TO BE SUBMITTED WITH PROPOSAL 4.1 Contractual Bid 9 For the purpose of assisting the Town in determining the responsible Bidders for this Bid Solicitation, the Bidder is required to submit the following minimum information with his bid: i. Contractor Bid Form ii. 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: 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 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. 6.0 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. 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 FXECUTION 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, ifso 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 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 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. 1] 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: 1. Worker's Compensation Insurance - A Policy covering the operations of the Contractor in accordance with the provisions of Chapter 41 of the Laws of 1914 as amended, known as the Worker's Compensation Law, covering all operations Of the Contractor, whether performed by him or by his subcontractors. The Agreement shall be void and of no effect unless the person or corporation making or executing same shall secure compensation coverage for the benefit of, and keep insured during the life of said Agreement such employees in compliance with provisions of the Worker's Compensation Law. 2. General Liability (Comprehensive Form) Insurance - Contractor's liability insurance issued to and covering legal liability of the Contractor with respect to all work performed by him under the Agreement. 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 cant' 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 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 tern 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. 15.0 DEFAULT In the event the Contractor fails to perform its obligations under the Agreement, the Town may terminate such Agreement, and the Town may procure the services from other sources and hold the Contractor responsible for any excess costs incurred and deduct from payments owing to the Contractor and/or draw upon the Performance Bond as full or partial reimbursement for such excess costs. The Town reserves the right to terminate the Agreement for just cause. 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 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. 13 SECTION B BID SPECIFICATIONS (TECHNICAL/MANAGEMENT) 14 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 Martin Luther King Day Lincoln's Birthday Presidents Day Easter Sunday Memorial Day Independence Day Labor Day Columbus Day Election Day Veterans Day 12:00 Noon day before Thanksgiving Thanksgiving 12:00 Noon day before Christmas 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 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 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 staff will 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 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. 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 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.): 712A Cmop - TRwn X25 Container Size (in cu. Yds): to 0 Estimated # Trips (based on 17 tons per 1 r'd f Yom, 100 yds) Price per trip (in words): Fbux 14v4D1z6D 7WSA6,Y fi v6 DW.LR02S Price per trip (in numerals): 14;Ls. 01 TASK 1 ESTIMATED TOTAL COST X12, 500 (Price per trip X # of Trips): t 4SK 2 COMMINGLED RECYCLABLES TO TOWN OF BROOKHAVE.N MRF Container Type (i.e., trailer, roll-off, etc.): 7RACMP- ~TXAILi Z-S Container Size (in cu. Yds): loo I Estimated # Trips (based on 14.5 tons per/100 yds) loo ! yR,, Price per trip (in words): Pour AV03bh .n TWO W" lAVB dDUA44-s Price per trip (in numerals): yZS~~ TASK 2 ESTIMATED TOTAL COST ! i (Price per trip X # of Trips): 91 I I I 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: -I)Z/NPrV 7RAM8PO4W-Wx 214Z ,61-YPAVaeJXaWA Firm-Corporation Address W WA, NY l,1719 By: 191 A41- Signature - Authorized Representative Date Print: 117ri2tdlK! bi ggW-eV See--ry' Title i I 24 Town of Southold Laid - 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 1. z. I 3. i 4. 5. Name of Bidder: 'tRttJn`( -rRAtJSfosrr+a7llx By:p Date: 3•`{'!3 (Authorized Signature) I I NOTE: If blank not applicable, fill in with N/A f I; i 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: Dn i Print name i 14 W61?a V, V Wff 00 Corporate Title (if any) Company Name 11RIi4 r1`1 TRAN5P9trrv%'nnc CacP. Mailing Address 214 L3LYD6nl~t N R p, -r.5LA9mla, NY 11-149 Phone Number ((,s1) $ 314-z-91.73 BID ON Materials Hauling Services i I