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HomeMy WebLinkAboutConstruction & Demolition Debris (C&D) Haul-Disposal Services ��fut JUDITH T. TERRY --= Town Hall, 53095 Main Road TOWN CLERK '= P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER !Jlrr FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 5, 1994 Leo Lomangino, Vice President Star Recycling,. Inc. 123 Varick Avenue Brooklyn, New York 11237 Dear Mr. Lomangino: Inasmuch as we now have an executed contract for the hauling and disposal of construction material and/or demolition debris for the Town of Southold, I am returning herewith your Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure INFORMATION SCHEDULE K FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, _Star Recycling, Ince. Brooklyn-.— NY _. as Principal , and United Pacific Insurance QgmpAay as Surety, are hereby held and firmly bound unto Town_Off, oath ld,_Sta_te of ew YD.rk __ as Owner in the gum of OneHundred Jh�� nrLand -QQ/�� «iia-,40A, ) For the Payment of which, will and truly be made, we hereby Jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this 241h day of MaY 1924_. The condition of the above obligation is such that whereas the Principal has submitted to the Town of Southold a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the hauling and disposal of construction material and/or demolition debris; NOW, THEREFORE, (a) If said Bid shall be rejected or in the alternate, (b) If said Bid shall be accepted, and the Principal shall execute and deliver an Agreement in the form of the Sample Operating Agreement attached hereto (properly completed in accordance with said Bid) and shall Furnish certificates of insurance and a bond for this Faithful performance of said Agreement, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall , in no event , exceed the penal amount of this obligation as herein stated. 5 .O.K Form of Bid Bond 810 (PROPOSAL) FORM Page 1 of 3 The Surety , for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above . Star Recycling, Inc. U .S. ) Principal Unite eacifir_ incl.rdgC om au _ Surety , C, ByE +�„ _ A_r � ttt rney-i n-Fact E. Timothy Kenneally 116 John Str 't ckk w Yn Address of Surety: _.. CP � e , Ny 10038 -.— SEAL (ACKNOWLEDGEMENT yBY CONTRACTOR, IF A CORPORATION) STATE OF: COUNTY _ ������___�__.__ —) SSN: __ r On this ��_ dg of _ _ 19A4 , before me personally camel GySN►+1�N4 �T—► to me known, who being duly swor , did depose and 'say that She resides in _�A 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 th r o i e rder . tHOMASKLAMBERt Notary�PubliC Nowy Pum'I ei 01gp NW York idCann JUa 9,i Form of Bid Bond Schedule 5.0.K BID (PROPOSAL) FORM Page 2 of 3 (ACKNOWLEDGMENT SY CONTRACTOR, IF A PARTNERSHIP) STATE OF : — --- -- -- ) COUNTY OF: ) SSN: On this _ _ day of19___, before me personallycame __ .... _ to me known, and known to me to be a member- of the firm OF and known to me to be an individual described in, and who executed the foregoing instrument in the firm name 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 . Notary Public (ACKNOWLEDGEMENT BY INDIVIDUAL CONTRACTOR) STATE OF: _ ) SSN: _ day of ,_ _ 19__....+ before me personally On this to me known and known to came _�_..------------- - -- be the persondudesacknowledgedcr I bad in nthathhe executed theesameregaing o executed instrument and y Notary Public Form of Bid Bond Schedule 5.0.K BID (PROPOSAL) FORM Page 3 of 3 RELIANCE SURETY COMPANY • RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint E. Timothy Kennsally, Carol A. Kenneally, Patricia J. Baulch., of Rockville Center, New York their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and seafid and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII- EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b)to remove any such Attorneys)-in-Fact at any time and revoke the power and authority given to them. 2. Attorneys)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent dated as of February 28, 1994 and by the Executive and Financial Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31, 1994. "Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by fac- simile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this April 1, 1994. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY �.e."� �'r•'• �� UNITED PACIFIC INSURANCE COMPANY 1ret. /RELI/AOICEENNATIONAL IIINPEMNITY COMPANY _ I STATE OF Pennsylvania } COUNTY OF Philadelphia } ss. On this, April 1, 1994, before me, Valencia Wortham, personally appeared Charles B. Schmalz, who acknowledged himself to be the Executive Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. in witness whereof, I hereunto set my hand and official seal. NOTARIAL SEAL VALENCIA VYORTNAM.Notary Public �►owwE, �J City of Philadelphia.Phila.County OF My Commission Expires Nov. 18. 1998 1 "�rtv s Notary Public in and for the State of Pennsylvania ,f y Residing at Philadelphia 1, Anita Zippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this24thday of May 19 94 -,/ ' it+►L : `SLAG ` Hl • Secretary 1069, '+' r S ,y• eeere�C PRINCIPAL'S ACKNOWLEDGEMENT-IF INDIVIDUAL OR FIRM State of New York,County of� ss: On this day of 19 before me personally came to me known to be(the individual)(one of the firm of described in and who executed the within instrument,and he thereupon duly acknowledged to me that he executed the same(as the act and deed of said firm). Notary Public PRINCIPAL'S ACKNOWLEDGEMENT—IF A CORPORATION State of New York,County of \tJccS ss:`\ s� ��, before me personally came On this day of tome known,who, being by me duly sworn,deposes and says:Tha6he re ides in thatfie is �cst�c��nx of '�n- `lCu�� .S��. the corporation described in and which executed the within instrument; that he knows the seal of the said corpora. tion;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of the said corporation,and that he signed his name to the said ns en t by like-order. rder. THOMAS M.LAMBERT Notary Public,State,of New York Nota is No.41.4960140 ttyy Commfulan Ex#r"July 00189 SURETY COMPANY'S ACKNOWLEDGEMENT State of New York,County of Nassau ss: On this 24th day of May ,19 94 , before me personally came E. Timothy Kenne4lly Rockville Centre to me known,who,being me duly sworn,did depose and say:That he resides in ,the corporation that he is Attorney-in-Fact of the United Pacific Insurance Company described in and which executed the foregoing instrument;that he knows the corporate seal of said company;that the seal affixed to said instrument is such corporate seal of said company; that it was so affixed by the authority granted to him in accordance with the by-laws of said corporation;that he signed his name thereto by like authority; that the Superintendent of Insurance of the State of New York has, pursuant to Chapter 882 of the Laws of the State of New York for the year 1939 constituting Chapter 28 of the Consolidated Laws of the State of New rk known as hos certificate the Insurance Law,issued to the United Pacific insurance Company that said company is qualified to become surety or guarantor on all bonds, undertakings, recognizances, guaran- tees and other obligations required or permitted bylaw; and that uch certificate has not been revoked. A. Notary Public MICHAEL EDWARD DeMARCO Notary Public,State of New York No. 30-4608889 Qualified in Nassau County Commission Expires August 31, 19 9 8D-+"7•A NY Ed. ' Q' UNITED PA�IC INSURANCE•COI�IP,ANY PHILADELPHIA, PENNSYLVANIA FINANCIAL STATEMENT DECEMBER 31, 1993 ASSETS Cash and Bank Deposits .................................... $ (148,318) Securities ........... ............................ Premium Balances(Under 90 days) 86,778,883 Accrued Interest and Dividends ......................................................... ,x'982 ......... Other Assets .. .................................... 11,933,982 Total Admitted Assets .............................................................. _ 34.734.799 ......................................... $ 116,298,859 LIABILITIES Losses and Loss Adjustment Expense ....................................... $ 26,524,730 Unearned Premiums ............................................ ........... 7,405,564 Other Taxes ................................................................... 68,709 Federal Income Taxes .................................................... 0 Other Liabilities .............. Total Liabilities ..................................................................... _ 25.630.167 ...................................................... $ 59,629,170 CAPITAL AND SURPLUS Capital Paid Up .......................................................... $ 14,997,026 Surplus ................................................................................. .. 41.672.663 Total Policyholders'Surplus ....................................................... 56,669,689 Total Liabilities, Capital and Surplus ............................................... $ 116,298,859 State of Washington) SS. County of King ) Lawrence W. Carlstrom, being duly sworn, says: That he is Vice President of the UNITED PACIFIC INSURANCE COMPANY; that said company is a corporation duly organized, existing, and engaged in business as a surety by virtue of the laws of the Commonwealth of Pennsylvania, and has duly complied with all the requirements of the laws of said state applicable to said company and is duly qualified to act as surety under such laws; that said company has also complied with and is duly qualified to act as surety under the Act of Congress of September 13, 1982, as amended (31 U.S.C. §9301 et seq.); that the foregoing is a full, true and correct statement of the financial condition of said company on the 31st day of December, 1993. Sworn to before me this 31st day of March, 1994. C�► ,� �' (mss 3, CRo� SCR President Janis J.Crossland,Notary Public,State of Washington, � i1 County of King.My Commission Expires February 5,1996. 4 PJ; t_ a , , s r► THIS AGREEMENT, made on the day of JuIY _ 1994 , by and between the Town of Southold, a municipal corporation of the State of New York having its principal place of business at 53095 Main Road, Southold, New York hereinafter called the "Town" and Star Recycling, Inc. having its principal place of business at 123 Varick Avenues Brooklyn, New York 11237 hereinafter called the "Contractor . W I T N E S S E T H: WHEREAS, Contractor has submitted to the Town a bid dated M_ y 26,__, 199q ( "Bid" ) in response to the Town ' s Bid Solicitation for Hauling-Disposal Services dated April 29, 1994 "Solicitation" ) ; and WHEREAS, the Town Board of the Town of Southold by resolution # 32 adopted on June 14, 1994 authorized the Town Supervisor to enter into an agreement with the Contractor to perform certain services in connection with the handling of construction material and/or demolition debris, NOW, THEREFORE, it is mutually covenanted and agreed by and between the parties hereto as follows: I . DEFINITIONS - Terms defined in the Bid Solicitation shall have the same meaning as if defined herein . II . SCOPE OF SERVICES The Contractor shall perform the services in accordance with the description of those services as set Forth in APPENDIX A-1 the Solicitation . III . TERM OF AGREEMENT The term of this Agreement shall be Three (3) years commencing on July 9 , 199Lf . IF the Town enters into an intermunicipal C&D haul/disposal agreement the Town may terminate the agreement at any time during Agreement years two (2) and three (3) by giving six (6) months written notice to the Contractor . The Town, at its sole discretion, shall have the option of renewing the Agreement for two (2) additional one (1 ) year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term . IV . PRICE SCHEDULE/COr1PENSATION The unit bid price schedule For the services to be Furnished by Contractor is found in Section C - 3 . 1 , 3 .2 . , Contractor 's bid which is incorporated into this Agreement . V . PAYMENTS A . The Contractor shall receive monthly payments For services performed during the prior calendar month . The Contractor shall submit a request for payment on a Town approved voucher form along with Contractor 's invoice which shall include a daily summary of cubic yardage hauled by Contractor to a Disposal Site and disposed bg Contractor at a Disposal 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 owning to Contractor any APPENDIX A-2 sums expended by the Town to cure any deFault or other Agreement non-compliance by Contractor or to protect the Town From loss on account of any claims Filed or reasonably anticipated to be Filed . VI . CONTRACTOR 'S WARRANTIES AND REPRESENTATIONS Contractor makes the Following warranties and representations: A . Contractor represents that the Town has made no commitment under this Agreement with respect to the volume of construction material and/or demolition debris to be handled by Contractor during the term of this Agreement . B . Contractor warrants that Contractor shall comply with all Federal , state and local laws, ordinances or regulations applicable to all of the services to be perFormed by Contractor . C . Contractor represents that the inFormation Furnished by Contractor in the equipment schedules included in the bid is accurate and complete and Contractor acknowledges that Town has relied upon the accuracy and completeness of that information in the selection of Contractor as the lowest responsible bidder . D . The Contractor represents that Contractor shall utilize its best eFForts to insure that Minority and Women Owned Businesses (MBE 's and WBE 's) have the opportunity to participate as subcontractors under this Agreement . In the event the contractor subcontracts twenty-Five percent (25%) or more of APPENDIX A-3 its work hereunder, Contractor shall submit to the Town an MBE and a WBE Utilization Plan, prior to execution of this Agreement . E . In the— event the Contractor 's Disposal Site is unable to receive and dispose of the Town 's construction material and/or demolition debris for any reason (including failure to obtain or maintain necessary permits or licenses) , Contractor shall be responsible for providing to the Town an alternate Disposal Site for the Town 's use at no additional cost to the Town, and shall indemnify the Town against any additional hauling cost by the Town or its agent because of the location of the alternate Disposal Site . Under no circumstances shall a change in Disposal Site(s) or failure or inability to obtain or maintain necessary permits by the Contractor be considered a change in conditions . In the event the Contractor is unable to Find an alternate Disposal Site(s) , he shall be deemed to be in default of this Agreement and liable for damages, bond forfeitures and other expenses as provided in the Agreement . VII . INDEMNIFICATION INSURANCE/BONDS A . Contractor agrees to defend, indemnify and save harmless the Town of Southold against any and all liability , loss, damage, detriment, suit, claim, demand, cost, charge, attorney 's fees and expenses of what ever kind or nature which the Town may directly or indirectly incur, suffer or be required to pay by reason of or in consequence of the Contractor carrying out or performing under the terms of this Agreement, or failure to carry out any of the provisions, duties, services or APPENDIX A-q 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 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 APPENDIX A-5 the foregoing indemnification . C . Contractor shall , for the period of the performance of services hereunder, maintain a Performance Bond in the amount of five hundred thousand ($500, 000 .00) dollars wherein named obligee is Town of Southold . The Bond shall be in a form acceptable to the Town Attorney and issued by a surety licensed to do business in New York as a surety . VIII . FORCE MAJEURE If either party is delayed or prevented from fulfilling any of its obligations under this Agreement due to any act, event or condition, whether affecting the Town, the Contractor, the Disposal Site or any of the Town 's or the Contractor 's respective subcontractors or suppliers, to the extent that it materially and adversely affects the ability of either party to perform any obligation hereunder (except for payment obligations) , and if such act, event or condition is beyond the reasonable control and is not also the result of the willful or negligent action, inaction, or fault of the party relying thereon as ,justification for not performing an obligation or complying with any condition required of such party under the Agreement, the time for fulfilling that obligation shall be extended day-by-day for the period of the uncontrollable circumstance; provided, however, that the contesting in good Faith or the failure in good faith to contest such action or in action shall not be construed as willful or negligent action or a lack of reasonable diligence of either party . Subject to the APPENDIX A-6 1 foregoing, such acts or events shall include the following: (1) an act of God (but not including reasonably anticipated weather conditions for the geographic area of the Town or Disposal Site) , hurricane, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy , extortion, war, blockade or insurrection, riot or civil disturbance; (2) the failure of any appropriate federal , state, county , town or local public agency or private utility having ,jurisdiction in the areas in which the Transfer Station or Disposal Site is located to provide and maintain utilities, services, water and sewer lines and power transmission lines which are required for the operation or maintenance of the Transfer Station or Disposal Site; (3) governmental pre-emption of materials or services in connection with a public emergency or any condemnation or other taking by eminent domain of any portion of the Transfer Station or Disposal Site; and (q) the presence of hazardous waste upon, beneath or migrating from the Transfer Station . It is specifically understood that none of the following acts or conditions shall constitute uncontrollable circumstances: (a) general economic conditions, interest or inflation rates, or currency fluctuations; (b) the financial condition of the Town, the Contractor, any of its affiliates or any subcontractor; (c) union work rules, requirements or demands APPENDIX A-7 which have the effect of increasing the number of employees employed otherwise increase the cost to the Contractor of operating its haul operation or the Disposal Site (d) equipment Failure; (e) any impact of prevailing wage law, customs or practices on the Contractor 's costs; (f) any act , event or circumstance occurring outside of the United States, or (g) any change in law or in the permit conditions or status of the Transfer Station Disposal Site or alternate Disposal Site . IX . SUBCONTRACTS Contractor shall not enter into any subcontracts in connection with the services to be performed by Contractor hereunder without the prior written approval by the town of such subcontracts . All such subcontracts shall make express reference to the terms and conditions of this Agreement and shall obligate the subcontractor to comply with all applicable federal , state and local laws, ordinances or regulations relating to the services to be performed under the subcontract . In the event the subcontractor is required to Furnish any insurance or bonds for the benefit of Contractor, the Town shall also be named as an additional insured or obligee . X . PREVAILING IMAGE RATES Contractor agrees to comply with the provisions of the New York State Labor Law relating to the payment of prevailing wage rates to the extent applicable, or the applicable State Law in the state of disposal . In the event that at ang time during performance under this Agreement the Contractor is APPENDIX A-8 y required to increase the wages paid to any of its employees as a result of such requirement, all costs resulting there from shall be borne exclusively by Contractor . XI . FORCED ACCOUNTING In the event the Town directs the Contractor, by written authorization signed either by the Town Supervisor or Town 's Solid Waste Coordinator, to perform additional services beyond the scope of those described in this Agreement, the Contractor shall be compensated for such additional services on the following basis: TOTAL COMPENSATION FOR ADDITIONAL SERVICES = DIRECT LABOR COST + DIRECT MATERIAL COST + OVERHEAD + PROFIT For the purposes of this Section: A . DIRECT LABOR COST shall include hourly wages, including overtime premiums actually paid plus the following fringe benefits associated with those wages - group medical , group life insurance, pensions, FICA, uniforms, safety equipment or special tools . These fringe benefits shall be separately identified and shall not duplicate fringe benefits paid in connection with work performed within the scope of the Agreement . B . DIRECT MATERIAL COST shall be those costs actually paid by Contractor for materials utilized by Contractor in performance of the additional services . The costs for such materials shall not include sales tax for any materials which constitute personal property incorporated into the structures, APPENDIX A-9 buildings, or real property of the Town since such personal property is exempt from taxation under Section 1115 of the New York State Tax Law . C . OVERHEAD shall be 10% of the total of the Direct Labor Costs and the Direct Material Costs . D . PROFIT shall be 5% of the total of the Direct Labor Costs, the Direct Material Costs and the Overhead . XII . CONTRACTOR 'S OPERATIONS AND PROCEDURES REPORTS Contractor will provide the operating plan and supporting data listed in Sections A and B of the Solicitation to the Town for review and acceptance . Contractor will update the plan as necessary and furnish copies of those updates to the Town . XIII . DEFAULT In the event the Contractor fails to perform its obligations under the Agreement, the Town may terminate the Agreement, procure the services from other sources and hold the Contractor responsible for any costs incurred . The Town also may deduct such costs from payments owing to the Contractor and/or draw upon the Performance Bond as full or partial reimbursement For such excess costs . The Town reserves the right to terminate the Agreement for just cause . XIV . SERVICE AGREEMENT The Contractor shall be obligated to provide the Town with disposal services without regard to the permit status of its Disposal Site . In the event that Contractor submits a Bid APPENDIX A-10 Fiv— 5 Di5}3r,5dl i r0 prof Which contpactnr dnF5 not currently have all necessary federal and state permits, or which after the acceptance of the Bid loses its permitted status, Contractor shall , at its sole risk and expense, be responsible for obtaining and/or renewing its permits or providing the Town an alternate Disposal Site at no additional cost (disposal plus any additional hauling) to the Town . The parties agree that this is a full service Agreement and failure of the Contractor to provide the identified Disposal Site or acceptable alternative Disposal Site, on or after the commencement date shall constitute a breach of this Agreement . The Contractor accordingly shall not be excused from its obligations hereunder by reason of any failure to obtain or maintain its permits at the identified Disposal Site . XV . LIMITATION OF FUNDS The Contractor agrees that this Agreement shall be deemed executory only to the extent of the funds currently available for the purposes of this Agreement and that the Town incurs no liability beyond those available by authorization of the Town Board as of the date of this Agreement . XVI . DISPUTES/ARBITRATION Any disputes between the parties to this Agreement may be referred to arbitration by mutual agreement of the parties . Absent such an agreement, any actions or claims by either party hereto shall be commenced in Supreme Court, Suffolk County, New York . In the event the parties agree to arbitrate a APPENDIX A-11 dispute , such arbitration shall be conducted in accordance with the rules of the American Arbitration Association . In no event shall any demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitations . An award rendered by arbitrators following any such arbitration shall be final and ,judgment may be entered upon it in accordance with applicable law in any court having ,jurisdiction thereof . XVII . MISCELLANEOUS A . This Agreement shall be governed by the laws of the State of New York . . B . Contractor shall not assign, convey or otherwise transfer its rights or obligations under this Agreement without the prior written consent of the Town . C . This Agreement, including all Exhibits and documents referred to herein, along with the Specifications, Solicitation and the Bid, and all Appendices and Exhibits thereto, represent the entire agreement between the Town and Contractor relating to the Services to be performed hereunder . This Agreement may be modified only by written agreement of Contractor and the Town . The proposed agreement in Contractor's bid shall have no affect. D . To the extent of any inconsistency among the documents constituting the agreement of the parties, the priority among those documents shall be: 1 . This Agreement; APPENDIX A-12 2 . Exhibits hereto; 3 . The Solicitation including Appendices; `f . 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 be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement and this Agreement shall be enforced as if such invalid and unenforceable provision had not been contained herein . H . Contractor agrees that it shall not discriminate APPENDIX A-13 • and that it shall cause there to be no discrimination against any employee who is employed in the work, or against any applicant for such employment, because of race, religion, color, sex, age, marital status, handicap or national origin in any manner prohibited by the laws of the United States or of the State of New York . These requirements shall include , but not be limited to, the following: employment; upgrading , demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training . XVIII . NOTICES All notices required to be given hereunder shall be made in writing by first class mail addressed as follows: APPENDIX A-l`t IF to the Town: Supervisor of the Town of Southold Town Hall 53095 Main Road Southold, New York 11971 With a copy to: Solid Waste Coordinator Town of Southold 53095 Main Road Southold, New York 11971 If to the Contractor: Anthony Lomangino, President Star REcycling, Inc. 123 Varick Avenue, Brooklyn , NY 11237 With a Copy to: Maurice Collins IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first a ve written TOWN SOUTH D By: _ YL— ThomAs H . Wickham Supervisor Star Recycling, Inc By: Anthony Lomangino, Presideir APPENDIX A-15 4F RE�y4y 'sy^�5 RECYCLING INC. 123 Varick Avenue, Brooklyn, New York 11237 Telephone (718) 386-7900 • Fax (718)628-7090 June 27, 1994 RECEIVED Ms. Judith T. Terry JUN 2 8 V94 Southold Town Clerk Town Hall Southold Town Cleric 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Construction Material Haul and Disposal Services Dear Ms. Terry: Enclosed please find document relating to Insurance and Bonds for above referenced contract. The original Certificate of Insurance has been mailed directly to you. At your convenience, Star is prepared to execute the Agreement relating to this contract. If I can be of any further assistance, please do not hesitate to contact me at (718) 386- 7900, extension 230. Very truly yours, Maurice Collins Projects Manager MC:aI Encl. PROTECTING TOMORROW'S ENVIRONMENT TODAY JUN-22-94 WED 15;05 CROSS INSURANCE, FAX N0, 5183813901 P. 02 lawt OAT11(MMIDDIYY) AD" 4 PRODUCER MATTER OF RATION NLY AND COMRS NO NOT M mum THE CRRTIFICATE HOLDER.TNI$CERTIFICATE CHRTSTOPHM G. CROSS LTD DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED SY THE 1884 STATE ST. FO IQ1ES BUM SCWTCTAAY,NY 12304 COMPANIES AFFORDING COVERAGE COMPANY LETTER A CammERCE & INCIUSTRY DZURANCE CO. COMPANY B INSURED LETTER lk;}(71y(;jCyJ Irj$[]j2 TCE Co. ATS�IEp SANITATICIN,INC. COMPANY SMA REGYCLnr., ETAL L `w -NA` ICO`AL i]UM LNSURP= CO. __.... --- 123 VARICK AW-+• COMPANY D BWOKLYN,NY 11237 LETTER UNITED STATES FIRE TNSURANCE COMPANY LETTER E STATE IDSSURPd� E FUND s > r. „ ..a '' ., „ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES QESCRIBED HEREIN IS SUSJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. —� 40 TYPE OF INSURANCE POLICY NUMBlR POLICY EFFECTIVE POLICY l DAYS(MMIDONY) DATL( MIDDITION YY) LIMITS GENFA LLIABILITY ' I GENERAL AGGREGATE .�i 2,000r000 COMMERCIAL GENERAL LIABILITY , PRODUCTS-COMPIOP AGO, d A.. - r I ,440rQ00 - CLAIMSMADE���OCCUR. GL 340 5844 1/16/94 i 1/16/95 PERSONALAAOY,INJURY ��1,044x400 rY,... ._.. f I I OWNER'S A CONTFtACTOR'S PHOT EACH OCCURRENCE 1'='•04a-- I — FIRE DAMAGE(Any om Ns) j S x�$1,000 RD DF�ALIC,TI' MED.ExPENSE Way on.o«�on`�i a 5Qr 04U------ AUTOMCWp l LIABILITY COMBINED SINt3LH _�ANY AUTO ;UMIT --NT s 1,0001000 CA 277 1774 x./16/94 1/16/95 yaj ALL OWNED AUTOS BODILY INJURY S X SCHEDULED AUTOS (Pet parson) — HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Par waidant) GARAGE LIA131LITY i PROPERTY DAMAGE 1 1 X $4,000 DED { 1 uuu U01111/L"UTY EAON OCCURRENOE j , $ UMBRELLAFORM1L']r1117 510 $591 1/16/94 1/16/95 .AGGREGATE t OTHER THAN UMBRELLA FORM5 a Sh wclaue'B ca --- -7--Bl�eNi+►noN 4/1/94 6130/94 _-. ..�ATUTonY uMlTa �, EACH ACCIDENT Ano 772 ! ^���� $! 1053 17/1/94 6/30/95 DISEASE—POLICY LIMIT ^ : , a EMPLOYEM'LIABILITY DISEASE—EACH EMPLOYEE s Cl`OTHER S ,LA BE 3091660 1/16/94 j 1/16/95 10 11131 10 6111 x 1 r�i-11 pri D I C(�t�T WA- EQUIP ; 505012 603 5 X 1/16/94 11/16/95 TOTAL-$6,469,959.40 GUORIPT OF OPIRATIONSK.00AT10NBtVEHICLEl/BPEGIAL REM! '915,005 e or user► , $ 5,000 DEDII4Pn1 E CN ALT, MM EXOt n^-= RMA �, � � LA D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE HLE 53095 14xLIN ROAD TION DATE THEM' tFIE ISSUING COMPANY WILL ENDEAVOR TO 1 1179 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE $ J'iOID,NY 11971 BUT FAILURE 1O MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR TY Of ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES, REMUINIVATIVE 'r B#S No. U 2463992' UNITAACIPIC IN RANCE COMPANY amCE.11WUWEtMA.rvarnwwu PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS;That Star Recycling, Inc. , Brooklyn NY (hereinafter called the Princi"), and United Pacific insurance Company, corporation of the State of Pennsylvania (herein after called the Surety), are held end firmly bound unto Town of Southold, NY (hereinafter called the Obligeo), in the full and lust sum of Five Hundred Thousand and 00/100 OOLLARS$500,000.00 to the payment of which rim,well and truly to a made,the said Principal and Surety bind themselves,and each of their heirs, administrators,executors, end assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has by written agreement dated June 14, 1994 entered into a contract with the Owner for Construction Material and/or Demolition Debris Haul and Disposal Services for a period of yvar(s) which contract is hereby reforred to and made a part hereof. NOW, THEREFORE,THE CONDITION p THE ABOVE e pm d contrand in theATION IS sucst that if the manner pecified during the teirm of this ond, perform each and every obligation and shall reimburse e(I lose and damage which said Obliges may sustain by reason of failure or default on the pari of said Principal,then this obligation shalt be void, otherwise to remain in full force and sffeot. PROVIDED, HOWEVER,That this bond is subject to the following conditions; 1.This bond is for the term beginning 6/14/94 and ending 6/13/95 act doting the term of this ety s ll the event of a for the by o thecipal In Obliges due t actual excess perfortrionGO of ecostsr of performance which occurred during the rff he shall be Mable only for th to effective period of the bond.up to the maximum peneity of this bond. t the 3.No claim,action, suit,or proceeding, be brought yr instituted urpoontathe Surety w thin two years from termination r Set fOrd-4 shall be had or maintained sor expiration surety on this Instrument unless s of the bond tent. lure,nor inability of the Principe(to file a replacement bond snail constitute 4.Neither nonrenewal by the Suraty,nor fai loss to the Obligee recoverable under this bond. 5.The bond may be extended for additional terms at the option of the Surety,by continuation certificate executed by the Surety. 6. No right of action shall accrue on this bond to or for the use of any person or oorporatlan other yhan th* Owner named herein or the heirs, executors, administrator or successors of Owner. Signed and scaled this 21st day of June AD 19 94 Star Recycling, Inc. By— (Witness) (Principal) UNITED PACIFIC INSURANCE COMPANY By -- (Witnose) l ly �At�imothyaennea 0 RELIANCE SURETY COMPANY • RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint E. Timothy Kennea8y, Carol A. Kenneally, Patricia J. Baulch., of Rockville Center, New York their true and lawful Attorneys)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and dead any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the niture thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers,and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect,reading as follows: ARTICLE VII- EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b)to remove any such Attorney(s)-in-Fact at any time and revoke the power and authority given to them. 2. Attorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent dated as of February 28, 1994 and by the Executive and Financial Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31, 1994. "Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by fac- simile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this April 1, 1994. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY � L l�ry •�� UNITED PACIFIC INSURANCE COMPANY .°+, RELIA CE NATIONAL IN EMNITY COMPANY O � w STATE OF Pennsylvania } COUNTY OF Philadelphia } ss. On this, April 1, 1994, before me, Valencia Wonham, personally appeared Charles B. Schmalz, who acknowledged himself to be the Executive Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. NOTARIAL SEAL VALENCIA WORTHAM.Notary Public ON* City City of Philadelphia.Phila.County u OF 1 My Commission Expires Nov. 18. 1998 z Notary Public in and for the State of Pennsylvania 4 Residing at Philadelphia I, Anita Zippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seals of said Companies this 21Stlay of June _ 1994 ZZAIL ® stet• ot- �� Secretary t, y. Nr.e 1. r PRINCIPAL'S ACKNOWLEDGEMENT—IF INDIVIDUAL OR FIRM State of New York,County of ss: On this day of ' 19 , before me personally came to me known to be(the individual)(one of the firm of ) described in and who executed the within instrument,and he thereupon duly acknowledged to me that he executed the same(as the act and deed of said firm). Notary Public PRINCIPAL'S ACKNOWLEDGEMENT—IF A CORPORATION State of New York,County of X_* S__ ss: On this day of ���� ,19(4 , before me personally came �C'•Raa�.�.s. �v.�.e��Q�e�v \i tome known,who,being by me duly sworn,deposes and says:ThatShe resides in `A15 that91e is '—:7t.F r,S .—,Wk of Ca-�A�- ��-ycuoae ��r16.• , the corporation described in and which executed the within instrument;that&he knows the seal of the said corpora- tion;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of the said corporation,and that he signed his name to the said strum by.lik 0 r. THOMAS M.LAMBERT Notary Public State of New York No.dt•49601 40 _ w Qualified in Nassau Countyry Notary Public Commission Expires July o,188 y SURETY COMPANY'S ACKNOWLEDGEMENT State of New York,County of Nassau ss: On this 21st day of June ,19 94 , before me personally came E. Timothy Kenneally tome known,who,being by me duly sworn,did depose and say:That he resides in Rockville Centre, NY ; that he is Attorney-in-Fact of the United Pacific Insurance Company , the corporation described in and which executed the foregoing instrument;that he knows the corporate seal of said company;that the seal affixed to said instrument is such corporate seal of said company; that it was so affixed by the authority granted to him in accordance with the by-laws of said corporation;that he signed his name thereto by like authority; that the Superintendent of Insurance of the State of New York has, pursuant to Chapter 882 of the Laws of the State of New York for the year 1939 constituting Chapter 28 of the Consolidated Laws of the State of New York known as the Insurance Law, issued to the United Pacific Insurance Company his certificate that said company is qualified to become surety or guarantor on all bonds, undertakings, recognizances, guaran- tees and other obligations required or permitted by law;and that such certificate has not been revoked. c(icdu-J Notary Public WNW*D.CRICCHf0 Notary Public,State of New York No.4853133 Qualified in Nassau County Commission Expires February 18, 18 1313-1827-A NY F.c} 7!9? UNITED PACAIC INSURANCE 11*OMPANY PHILADELPHIA, PENNSYLVANIA FINANCIAL STATEMENT DECEMBER 31, 1993 ASSETS Cash and Bank Deposits ................................................................ $ (148,318) Securities ............................................................................... 86,778,883 Premium Balances(Under 90 days) ..................................................... (7,000,487) Accrued Interest and Dividends ......................................................... 1,933,982 OtherAssets .......... ................................................................ 34.734.799 Total Admitted Assets .............................................................. $ 116,298,859 LIABILITIES Losses and Loss Adjustment Expense .................................................. $ 26,524,730 Unearned Premiums .................................................................... 7,405,564 OtherTaxes ............................................................................ 68,709 Federal Income Taxes .................................................................. 0 Other Liabilities ......................................................................... 25.630,167 Total Liabilities ..................................................................... $ 59,629,170 CAPITAL AND SURPLUS Capital Paid Up .......................................................... ............ $ 14,997,026 Surplus ................... .......................................................... 41.672.663 Total Policyholders'Surplus ....................................................... 56,669,689 Total Liabilities, Capital and Surplus ............................................... $ 116,298,859 State of Washington ) SS County of King ) Lawrence W. Carlstrom, being duly sworn, says: That he is Vice President of the UNITED PACIFIC INSURANCE COMPANY; that said company is a corporation duly organized, existing, and engaged in business as a surety by virtue of the laws of the Commonwealth of Pennsylvania, and has duly complied with all the requirements of the laws of said state applicable to said company and is duly qualified to act as surety under such laws; that said company has also complied with and is duly qualified to act as surety under the Act of Congress of September 13, 1982, as amended (31 U.S.C. §9301 et seq.); that the foregoing is a full, true and correct statement of the financial condition of said company on the 31 st day of December, 1993. Sworn to before me this 31st day of March, 1994. / — ��2�u� . CRO,� Vice President Janis J.Crossland,Notary Public,State of Washington, County of King.My Commission Expires February 5,19%. ' l'!.T. a P,"1I star 2-5-9G of W BOU-1421 3/94 a�;11is��e CERTIFICATE INSURANCE ISSUE DATE(MM/DD/YY) +I+ 6/21/94 4 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE CHRISTOPHER G. CROSS LTD DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 1884 STATE ST. ; POLICIES BELOW. SCHENCTADY,NY 12304 COMPANIES AFFORDING COVERAGE COMPANY LETTER A COMMERCE & INDUSTRY INSURANCE E CO. COMPANY B INSURED LETTER LEXINGTON INSURANCE CO. ALLIED SANITATION,INC. COMPANY STAR RECYCLING ETAL LETTER NATIONAL UNION P;SUpA1,10E CO. 123 VARICK AVE. COMPANY BROOKLYN,NY 11237 LETTER D UNITED STATES FIRE INSUPANCE COMPANY E LETTER STATE INSURANCE 17LRM COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ 1,000,000 CLAIMS MADE X OCCUR. GL 340 5844 1/16/94 1/16/95 PERSONAL&ADV,INJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000,000 X $1,000 RD DEDUCTIBLE FIRE DAMAGE(Any one fire) $ 50,000 MED.EXPENSE(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE $ X ANY AUTO LIMIT 1,000,000 A ALL OWNED AUTOS CA 277 1774 1/16/94 1/16/95 ep X SCHEDULED AUTOS r a INJURY $ x HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ GARAGE LIABILITY X $4,000 PROPERTY DAWN GE DID PROPERTY DAMAGE $ j EXCESS LIABILITY EACH OCCURRENCE r 0071DO_l BX UMBRELLA FORM primary 510 8591 1/16/94 1/16/95 AGGREGATE $10,000,000 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION 4/1/94 6/30/94 STATUTORY LIMITS E AND 772 1053 EACH ACCIDENT $ 100 ,00 0 7/1/94 6/30/95 DISEASE—POLICY LIMIT $ 500,000 EMPLOYERS'LIABILITY DISEASE—EACH EMPLOYEE $ 100,000 C OTHER EXCESS UMBRELT—A BE 3091660 1/16/94 1/16/95 10 millx 10 mill x 1 rLill nr- D CON'T`RACTORS EQUIP 505012 603 5 1/16/94 1/16/95 TOTAL-$6,469,959.00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS $10,000 UCtl 2 Or &jui -mt $250,000 an $ 5,000 DEDUCTIBLE ON ALL OTUER DQUIP.MENT CERTIFICATE HOLDER CANCELLATION rf%ili OF SOUTHOLA) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 7XV HALL 53095 MAIN ROAD ���ED EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO PO BOX 1179 VCMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SOLITHOLD,NY 11971 ^,, LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ,UA (� LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ,C.oOwt1 Cl AL AL A HO D REPRESENTATIVE ry ACORD�S-S 7 8Q , .. .F.,. � Y. . . ; fAC�R�IrO,. �Q ll ;QN.7sI00 j`. UAL Town Hall, 53095 Main Road JUDITH T. TERRY P.O. Box 1179 T TOWN CLERK Southold, New York 11971 �'; Fax (516) 765-1823 REGISTRAR OF VITAL STATISTICS Q ��' Telephone (516) 765-1801 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 14, 1994 Maurice Collins, Projects Manager Star Recycling, Inc. 123 Varick Avenue Brooklyn, New York 11237 Dear Mr. Collins: The Southold Town Board, at a regular meeting held on uCorst14, 1 tio, accepted you unit bid price of $18.43 per cubic yard, forMaterial and/or Demolition Debris C&Dar bidHaul anpsselnclosedes• A certified resolution confirming theac pnce of you Enclosed are instructions from with (the bequihe id dredumnsuran eent with andregard Bonds� furnishing the Town of Southold Please deliver these documents appointment wito tment to executethe next ten ( the Agreement inotth this office so we may make a pp form set forth in Appendix A of the bid documents. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Town Attorney o��FFOIK��Gy o �► JUDITH T. TERRY Town Hall, 53095 Main Road Z P.O. Box 1179 TOWN CLERK C= rimSouthold, New York 11971 REGISTRAR OF VITAL STATISTICS Vw Fax (516) 765-1823 MARRIAGE OFFICER .� �.�0 Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 14, 1994: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Star Recycling Inc. , Brooklyn, New York, at a unit bid price of $18.43 per cubic yard, to provide equipment and labor for hauling and disposing construction and demolition debris at the Contractor's construction and demolition debris disposal site, for a term of three (3) years, commencing on July 9, 1994. If the Town enters into an intermunicipal construction and demolition debris haul/disposal Agreement, the Town may terminate the Agreement at any time during Agreement years two (2) and three (3) by giving six (6) months written notice to the Contractor. The Town, at its sole discretion, shall have the option of renewing the Agreement for two (2) additional one (1) year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term; and be it FURTHER RESOLVED that Supervisor Thomas Wickham be and he hereby is authorized and directed to execute an Agreement between the Town of Southold and Star Recycling Inc. for the aforesaid services, all in accordance with the approval of the Town Attorney. Judith T. Terry Southold Town Clerk June 15, 1994 7 .0 BID GUARANTY Each Bid must be accompanied by a bid guaranty (Section C, Schedule 5 .0 .K) , without condition or qualification, which shall be in the sum of one hundred thousand dollars ($100, 000 .00) . The guaranty may be certified check, bank draft, money order, standard form irrevocable letter of credit, or a bid bond in the form attached . The bid bond shall be secured from a surety company authorized to do business in the State of New York as a surety . No Bid will be considered unless it is accompanied by the required guaranty . Certified check, money order or bank draft must be made payable to the order of the Town of Southold . The bid bond shall name the Town as the obligee . Cash deposits will not be accepted . The bid guaranty shall ensure the execution of the Agreement and the furnishing of the surety bond or other required bonds by the successful Bidder, all as required by the Agreement Documents . All guaranties will be returned within ten C10) days after the execution of the Agreement and required bonds, insurance and other Agreement Documents are received from the successful Bidder . 8 .0 EXECUTION OF AGREEMENT, FURNISHING OF BONDS The successful Bidder, or its legally authorized representative, shall be required to appear in person within ten (10) days of the Notice of Award by the Town at the place and time designated by the Town to execute the Agreement and other Agreement Documents for Haul/disposal services . The successful Bidder shall , at its own cost and expense, procure, execute and deliver to the Town the following documents within ten (10) days of formal Notice of Award by the Town . Performance Bond - A Performance Bond shall be in an amount of five hundred thousand dollars ($500, 000 .00) . This bond Cas shown by example in Section C, Schedule 5 .0 .L) , shall be maintained at the Contractor 's own expense for the term of the Agreement . Failure or refusal of the successful Bidder to execute and/or deliver such bond within the time designated, shall constitute a breach of such Bidder of the Agreement created by the Town 's acceptance of the bid . In such event, the Town may determine that such Bidder has abandoned the Agreement and the Town shall be entitled to take action for any and all damages it may suffer as the result of such breach . The Town 's rights in this regard shall include but not be limited to A-7 a claim against the bid bond provided . The Town specifically reserves any and all other rights against the Contractor as a result of his failure to perform as required by these documents . 9 .0 CONSIDERATION OF BIDS The Town of Southold reserves the right to reject any or all bids for haul and disposal services if such action is deemed to be in the best interests of the Town . To be considered responsive to this Bid Solicitation, each Bidder shall : A . Provide equipment, labor , maintenance and management services to haul and dispose of construction material and/or demolition debris From the Town of Southold Transfer Station to Contractor designated Disposal Site(s) as set Forth in Section B - Bid Specifications . B . Reserve and provide a minimum available capacity of 17, 000 cubic yards (52 weeks/year) yearly , allowing for seasonal and other peak periods . C . Provide evidence of all current valid state and Federal permits, licenses, local ordinances, etc . , required by law to receive construction material and/or demolition debris at the designated Disposal Site(s) . D . Provide evidence of physical and financial capability to perform services described in the bid specifications . 10 .0 SELECTION OF CONTRACTOR Bids will be evaluated only if accompanied by the approved form of bid guaranty . Only bids solicited from firms or combinations thereof, who have sufficient management , engineering capabilities, operating, and maintenance experience to fulfill the Town 's goals and comply with the applicable local , state, Federal laws, ordinances, regulations, e .g . New York State Department of Environmental Conservation, Resource Conservation Recovery Act and Federal Environmental Protection Agency guidelines will be accepted . The Town will review the bids and make a selection recommendation based on the evaluation criteria included in this Bid Solicitation or take such other action as it deems in its best interest . Any agreement awarded hereunder will be to the responsible Bidder whose Evaluation Unit Bid Price is the lowest . A-8 The Town of Southold reserves the right, in its sole discretion, to reject all bids submitted in response to this Bid Solicitation . 11 .0 ACCEPTANCE OF BID The acceptance of a Bid will be a Notice of Award signed by a duly authorized representative of the Town, and no other act of the Town shall constitute the acceptance of a Bid . The acceptance of a Bid shall bind the successful Bidder to execute the Agreement and other Agreement Documents . 12 .0 ASSIGNMENT The successful Bidder to whom any Agreement shall be let, granted, or awarded shall not assign, transfer, convey , sublet, or otherwise dispose of the Agreement or of his right, title, or interest therein or his power to execute such Agreement, to any person or corporation without the prior written consent of the Town . 13 .0 LIMITATION OF FUNDS AVAILABLE The Contractor specifically agrees that any Agreement shall be deemed executory only to the extent of the funds appropriated for the purpose of the Agreement and that no liability shall be incurred by the Town beyond the funds appropriated on the date of execution of the Agreement by the Town for the said purpose . 1Lf .0 INSURANCE AND BONDS 1`f . 1 Insurance For the period from Agreement commencement date until one (1) year after Agreement termination date, Contractor must maintain insurance acceptable to the Town in the kinds and amounts set forth below . All such insurance coverage shall be provided by companies licensed to do business in New York State and the state in which the Disposal Site(s) is Care) located . The Town of Southold and its agent shall be named as an additional insured and coverage shall not be changed or cancelled until thirty (30) days written notice has been given to the Town . Within ten ( 10) days of the Notice of Award, Contractor shall Furnish to the Town, certificates of insurance, in a form satisfactory to the Town Attorney , evidencing such insurance . The kinds and amounts of insurance are as follows: A . Contractor 's Insurance - Insurance for liability For damage imposed by law of kinds and in the amounts hereinafter provided covering all work under the Agreement, whether performed by A-9 Contractor or his subcontractors . The kinds and amounts of insurance are as follows: (1) Worker 's Compensation Insurance - A Policy covering the operations of the Contractor in accordance with the provisions of Chapter q1 OF the Laws of 191q 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 Liabilitu (Comprehensive Form) Insurance - Contractor 's liability insurance issued to and covering legal liability of the Contractor with respect to all work performed by him under the Agreement . The Following - insurance coverage shall be included: (a) Independent Contractor 's Protective Liabilitu - Covering work performed by subcontractors . (b) Completed Operations or Product Liabilitu . Cc) Contractual Liabilitu . (d) Broad Form Propertu Damage . (e) Personal In_iuru . NOTE: If any of the rating classifications embody property damage exclusions C or U, coverage for eliminating such exclusions must be provided . Coverage for the above will be required in not less than the following amounts: SINGLE LIMITS OF LIABILITY: $1 , 000,000 .00 AGGREGATE LIMITS OF LIABILITY: $10, 000, 000 .00 A-10 (3) Automobile Liabilitu Insurance - Policy shall include coverage for all owned as well as non-owned and hired vehicles, and limits shall not be less than the following amounts: BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY Aggregate: $3, 000, 000 .00 Aggregate: $3, 000, 000 .00 Each Person Each Occurrence Each Occurrence $1 , 000, 000 .00 $1 , 000, 000 .00 11-f .2 Bonds Prior to the execution of the Agreement, the successful Bidder shall furnish to the Town a Performance Bond wherein the named obligee is the Town of Southold . The Performance Bond 's purpose is to secure the faithful performance of the Agreement . The bond amount shall be set forth in Section A-8 .0 . The bond shall be executed by a surety company approved by the Town authorized to do business in the State of New York and with an office or representative in Suffolk County , New York . The form shall be acceptable to the Town of Southold and shall have a term through the completion of services . As an alternative to the Performance Bond , the successful Bidder may furnish a certified check, bank draft, money order, or a standard form irrevocable letter of credit . Certified check, bank draft or money order must be made payable to the order of the Town of Southold . The standard form irrevocable letter of credit shall be in a form acceptable to the Town of Southold . In the event the Contractor secures a Performance Bond From any of its subcontractors, said bond shall also name the Town of Southold as a dual obligee . Should the Town designate another public or private agent or contract administrator, the same or others shall be added as additional named obligee at no added costs to the Town, upon written request from the Town . 15 .0 INDEMNITY (HOLD HARMLESS) Contractor shall agree to defend, indemnify and save harmless the Town against any and all liability , loss, damage, detriment, suit, claim, demand, cost, charge, attorney 's fees and expenses of whatever kind or nature which the Town may directly or indirectly incur, suffer or be required to pay by reason of or in consequence of the carrying out of or the performance of the terms of such Agreement, or the failure to carry out any of the provisions, duties, services or requirements of such Agreement, A-11 whether such losses and damages are suffered or sustained bg the Town directly or its employees, licensees, agents, engineers, citizens or by other persons or corporations, including any of the Contractor 's employees and agents who may seek to hold the Town liable therefor . This indemnity shall include any and all claims, penalties or other losses or damages incurred by the Town as a result of enforcement or other proceedings by federal , state or local government agencies relating to Contractor ' s Disposal Site(s) operation . This obligation shall be ongoing, survive the term of the Agreement and include, but not be limited to, claims concerning non-sudden environmental impairments . The Bidder agrees to ,join in the commencement of any action or proceeding or in the defense of any action or proceeding which in the opinion of the Town constitutes actual or threatened interference or interruption with the Town 's rights hereunder, including all necessary appeals which may be necessary , in the opinion of the Town . 16 .0 PAYMENTS Contractor shall receive monthly payments for services performed during the prior calendar month upon submission of an invoice (with a Town voucher) that shall contain an itemized list of C&D haul trips from the Town of Southold Transfer Station including the yardage of construction material and/or demolition debris and the manifest number for each load of construction material and/or demolition debris removed . Such payments shall be made within sixty (60) days of the Town 's approval of Contractor 's invoice . Contractor 's monthly invoice shall include . a daily summary of yardage received by Contractor at the Transfer Station . The Town shall be entitled to deduct from any payment owing to Contractor any sums expended by the Town to cure any default or other non-compliance by Contractor . 17 .0 DEFAULT In the event the Contractor fails to perform its obligations under the Agreement, the Town may terminate such Agreement , and the Town may procure the services from other sources and hold the Contractor responsible for any excess costs incurred and deduct from payments owing to the Contractor and/or draw upon the Performance Bond as full or partial reimbursement For such excess costs . The Town reserves the right to terminate the Agreement for ,just cause . 18 .0 TERM OF AGREEMENT The term of this Agreement shall be three (3) years commencing on July 10, 1991f . If the Town enters into an intermunicipal C&D haul/disposal agreement the Town may terminate A-12 j • . _ ---- __ i� --�D'��_.���/ P��Gl/L, lbw•�"� `��!G�'�� ------------ q 117, w� 00 FEE: $50.00 (not refundable (Postage: $2.90) BID - CONSTRUCTION & DEMOLITION (C6D) DEBRIS HAUL/DISPOSAL SERVICES BID OPENING: 1 :00 P.M., Thursday, May 26, 1994. 1. Town Clerk's copy. 2. Dodge Reports 3. Browns' Letters 4. Henry Pope, SWMTF member 5. William Cremers, SWMTF member 5/11 6. Tully Const. Co., 127-50 Northern Blvd., Flushing, NY 11368-(718)446-7000. Peter Tully, Pres. 5/11 7. Jet Sanitation, 228 Blydenburgh Rd. , Central Islip, NY 11722-234-7100 Patricia Dc Me,t-teo 8. Town Attorney 5/12 9. MMC Corp., P.O. Box 2005, St. James, N.Y. 11788 286-6800 Michael Malene - Owner 10. N.F. Sanitation Service, P.O. Box 1498, Southold, N.Y. 11971 765-2868 - Roy Schelin - Owner 5/12 11. Star Recycling Inc. 123 Varick Ave., Brooklyn, NY 11237 Anthony Lomangino, CEO 7187386-7900 FAX 718-628-7090 5/1612' IT Management, 45B Sea Cliff Ave., Glen Cove, N.Y. 11542 671-7394 Richard Zambelli - Pres. (Christopher Louth-Ciaccio) 5/1713. Quality Resource Corp.,1983 Marcus Avenue, Suite 121 , Lake Success NY 11042 516-352-9600 FAX 352-9689 Glenn A. LaMay Vice-Pres. 5/2014. Statewide Recycling, 1345 New York Ave. , Huntington Station, N.Y. 11746 549-3404 Franco Rotondo, Jr. 5/2315. L. 6 G. Ruggiero,inc., 1242 Hawthorne Dr. East, Wantagh, N.Y. 11793 661-6262 Louis R. Ruggiero - Pres. 16. , C&D 17. 18. 19. 20. | �oc��FFOIk��Gy JUDITH T. TERRY Z L Town Hall, 53095 Main Road TOWN CLERK o nZ+ P.O. Box 1 179 to Southold, New York 11971 REGISTRAR OF VITAL STATISTICS � Fax (516) 765-1823 MARRIAGE OFFICER �/ � Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER '7 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 19, 1994 TO: All Bidders RE: Construction Material and/or Demolition Debris Haul & Disposal Services Solicitation ADDENDUM NO. 1 Contract Document Revision(s) Submission Requirements: 1 . Pg. N7, Par. 8.0, Execution of Agreement, Furnishing of Bonds. Performance Bond - A Performance Bond shall be in the amount of two hundred fifty thousand dollars ($250,000) . 2. Pg. A-10, Par. 14.0, Insurance and Bonds, 14.1 (2) . General Liability. Coverage for the above will be required in not less than the following amounts: SINGLE LIMITS OF LIABILITY: One Million Dollars ($1,000,000) . AGGREGATE LIMITS OF LIABILITY: Five Million Dollars ($5,000,000) . 3. Pg. 13, Par. 20.0, Subcontracts. Delete (2) ureq uire-the-Disposal-Site-Eont-raetor-to-furnish-to-Con t-raetor-anel t-he-Town-a-performanee-Hegel-guaranteeing-the-ava4abi+it-y-of-t-he-Disposal-SR-e throughout-the-term-of-the-Agreement: 4. Information Schedule J, Pg. 7, IV. Attachments. Delete reference to "performance bond". STATE OF NEW YORK) LtuhAL 1VVYlt:L�' ) SS: NOTICE TO BIDDERS C LINTY OF SUFFOLK) CONSTRUCTION Ina Of Mattituck, tri DEMOLITION DEBRIS(C&D) -- ----- HAUL-DISPOSAL SERVICES said County, being duly sworn, says that he/she NOTICE IS HEREBY GIVEN, in is Principal Clerk of THE SUFFOLK TIMES, a accordance with the provisions of Section 103 of the General Municipal Weekly Newspaper, published at Mattituck, in Law, that the Town of Southold will receive sealed bids for Construction the Town of Southold, County of Suffolk and and Demolition Debris (C&D) State of New York, and that the Notice of which Haul-Disposal Services until the time and at the location herein speci- the annexed is a printed copy, has been regular- fied, which will then be opened and ly published in said Newspaper once each week publicly read aloud. PLACE:Office of the Town Clerk for I_ weeks successively, commencing On Southold Town Hall the _day Of Mam __ 19 q4. 53095 Main Road Southold,New York 11971 (516)765-1800 A�L{NSKI DATE: Thursday,May 26,1994 ( {Ri5 {gtat! Netrl YOtk &AAAk. TIME: 1:00 P.M.EDST "MrV public, 884 J opened) (Late Bids WILL NOT be Ne`n6SSU"O{k GOL1r►t� 1 Principal Clerk p Commie NOVOIT et 23.18'"". p The offer to be made in accordance R with this Bid Solicitation shall include ) ! 1 a bid on the following: ��`��`' A bid price per ton, to provide Sworn t fqi' i 'me th � equipment and labor for hauling day O -ti- 19 and disposing construction and demolition debris at the Contrac- tor's construction and demolition debris disposal_sftc__Tre_grnj_of_ this Agreement shall be three(3) years commencing on July 10, I 1994. If the Town enters into an intermunicipal construction and demolition debris haul/disposal Agreement,the Town may termi- nate the Agreement at any time during Agreement years two.(2) and three (3) by giving six (6) months written notice to the Con- tractor. The Town, at its sole dis- cretion, shall have the option of renewing the Agreement for two (2)additional one(1)year terms by giving Contractor written notice of its intention to renew at least thirty (30)days prior to the expiration of the term. Bids must be made in writing on the forms furnished and shall be ac- companied by a Bid Guaranty in the form of certified check,money order, bank draft or standard form letter of + credit made payable to the Town of Southold, or bid bond, in the sum of one hundred thousand dollars ($100,000.00) wherein the named obligee shall be the Town of Southold. The successful Bidder shall be re- quired to furnish a Performance Bond, and insurance in accordance with the instructions in the Bid So- licitation. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is ex- empt. A Bidder may not withdraw his bid within forty-five (45)days after the opening of the bids, but may with- draw his Bid at any time prior to the scheduled time for the opening of bids. The Town reserves the right to re- ject any or all bids and to waive in- formalities, should this action be in the best interest of the Town of Southold. Bid Solicitation containing sub- mission requirements, instructions, technical specifications, and bidding forms may be examined free of charge and at the following location on weekdays from 8:00 AM. 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 maybe picked up at: Office of the Town Clerlr Southold Town Hall 53095 Main Road Southold,New York 11971 Bidders will be allowed to ask questions regarding the Bid Solicita- tion during a pre-bid conference to be held at 9:00 A.M.,Thursday,May 12, 1994 at: Southold Town Hall 53695 Main Road Southold,New York 11971 All bidders are encouraged to in- spect the Southold Town Transfer Station prior to the bid conference. Appointments to do so may be sched- uled by calling James Bunchuck at (516)734-7685. For further information regarding bidding requirements,contact Judith T. Terry (516)765-1800. For infor- mation regarding Town of Southold waste program and haul-disposal operations, contact James Bunchuck (516)734-7685. Dated:April 29,1994. JUDITH T.TERRY SOUTHOLD TOWN CLERK 7924-1 TMY5 LEGAL NOTICE NOTICE TO BIDDERS CONSTRUCTION and COUNTY OF SUFFOLK DEMOLITION DEBRIS STATE OF NEW YORK ss: (C&D) Southold,or bid bond, in the HAUL-DISPOSAL sum of one hundred thousand SERVICES dollars($100,000.00), wherein the named obligee shall be the NOTICE IS HEREBY Town of Southold. Patricia Wood , being duly sworn, GIVEN, in accordance with The successful Bidder shall says that she is the Editor, of the the provisions of Section 103 be required to furnish a Per- TRAVELER—WATCHMAN, a public of the General Municipal Law, formance Bond, and in- newspaper printed at Southold , in that the Town of Southold will surance in accordance with the Suffolk County; and that the notice receive sealed bids for Con- instructions in the Bid of which the annexed is a printed truction and Demolition Solicitation. Debris (C&D) Haul-Disposalcopy, has been published in said The bid price shall not in- Services until the time and at elude any tax,federal,state,or Traveler—Watchman once each week the location herein specified, local,from which the Town of f o r which will then be opened andSouthold is exempt. . . . . . . . . . . . . . . . . . . / . . . . . . . . .weeks publicly read aloud. A Bidder may not withdraw PLACE:Office of the Town his bid within forty-five (45) succe-slively, commencing on the Clerk, Southold Town Hall, days after the opening of the • • • • • • • • • • - 53095 Main Road, Southold, bids, but may withdraw his New York 11971. (516) Bid at any time prior to the 765-1800. scheduled time for the open- da of . . . . DATE: Thursday, May 26, Y y. " " ' � " " " " " ' ' ing of the bids. 19 . �. 1994 The Town reserves the right TIME: 1:00 P.M. EDST to reject any and all bids and (Late Bids WILL NOT be to waive informalities,should P ). . . . o ened this action be in the best in- Th'e offer to be made in ac- terest of the Town of cordance with this Bid Southold. Solicitation shall include a bid Bid Solicitation containing on the following: submission requirements, in- A bid price per ton, to pro- structions,technical specifica- Sworn to before me on this vide equipment and.labor for tions,and bidding forms may . . . . � .day of hauling and disposing con- ibe examined free of charge struction and demolition and at the following location debris at the Contractor's con- on weekdays from 8:00 A.M. 'G . . . . • . . . . . _ . struction and demolition to 4:00 P.M. " " " " " " debris disposal site. The term Office of the Town Clerk . • • ' of this Agreement shall be Southold Town Hall three(3)years commencing on 53095 Main Road July 10, 1994. If the Town Southold, New York 11971 enters into an on intermunicipal Upon p payment of non- construction and demolition refundable fifty dollars . . . . . . . . . . debris haul/disposal Agree- ($50.00) Bid Solicitation may Notary Public ment,the Town may terminate be picked up at: the Agreement at any time Office of the Town Clerk BARBARA A.SCHNEIDER during Agreement years two Southold'Town Hall NOTARY PUBLIC, State of New York (2)and three(3)by giving six 53095 Main Road No. 4806846 (6) months written notice to Southold, New York 11971 Qualified in Suffolk CountyCommission Expires �',34fgy the Contractor. The Town, at Bidders will be allowed to its sole discretion, shall have ask questions regarding the the option of renewing the Bid Solicitation during a pre- For further information Agreement for two (2) addi- bid conference to be held at regarding biddin re- tional one (1) year terms by 9:00 A.M.,Thursday,May 12, g giving Contractor written 1994 at: quiry (516), contact Judith T. Terry notice of its intention to renew Try (516) 765-1800. For in- Southold Town Hall formation regarding at least thirty (30) days prior 53095 Main Road s g Town of to the expiration of the term. Southold waste program and P Southold, New York 11971 haul-disposal operations,con- Bids must be made in All bidders are encouraged tact James Bunchuck (516) writing on the forms furnish- to inspect the Southold Town 73417685. ed, and shall be accompanied Transfer Station prior to the Dated: April 29, 1994 by a Big Guaranty in the form bid conference.Appointments JUDITH T. TERRY of certified check, money to do so may be scheduled by SOUTHOLD TOWN CLERK order, bank draft or standard Bunchuck at form letter of credit made (516)calling 73 James James. 1X-5/5/94(3) payable to the Town of STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that on the 29th day of April , 1994, 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, Southold Town Hall, Main Road, Southold, New York 11971 . Legal Notice, Notice to Bidders, Construction and Demolition Debris (C&D) Haul-Disposal Services. Bid opening: 1 :00 P.M. , Thursday, May 26, 1994, Southold Town Clerk's Office. Judith T. Terry Southold Town Cler Sworn to before me this 29th day of April 1994. Notary Public JOYCE M.WILKINS Notary Public,State of Now York No.4952246,Suffolk Count Term Expires June 12, 1 Os_ LEGAL NOTICE NOTICE TO BIDDERS CONSTRUCTION and DEMOLITION DEBRIS (C&D) HAUL-DISPOSAL SERVICES NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that the Town of Southold will receive sealed bids for Construction and Demolition Debris (C&D) Haul- Disposal Services until the time and at the location herein specified, which will then be opened and publicly read aloud. PLACE: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 (516) 765-1800 i DATE: Thursday, May 26, 1994 TIME: 1 :00 P.M. EDST i (Late Bids WILL NOT be opened) i the offer to be made in accordance with this Bid Solicitation shall include a bid on the following: A bid price per ton, to provide equipment and labor for hauling and disposing construction and demolition debris at the Contractor's construction and demolition debris disposal site. The term of this Agreement shall be three (3) years commencing on July 10, 1994. If the Town enters into an intermunicipal construction and demolition debris haul/disposal Agreement, the Town may terminate the Agreement at any time during Agreement I years two (2) and three (3) by giving six (6) months written notice to the Contractor. The Town, at its sole discretion, shall have the option of renewing the Agreement for two (2) additional one (1 ) year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term. 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 the Town of Southold, or bid bond, in the sum of one hundred thousand dollars ($100,000.00) wherein the named obligee shall be the Town of Southold. t Page 2 - C8D • • The successful Bidder shall be required to furnish a Performance Bond, and insurance in accordance with the instructions in the Bid Solicitation. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. A Bidder may not withdraw his bid within forty-five (45) days after the opening of the bids, but may withdraw his Bid at any time prior to the scheduled time for the opening of bids. The Town reserves the right to reject any or all bids and to waive informalities, should this action be in the best interest of the Town of Southold. Bid Solicitation containing submission requirements, instructions, technical specifications, and bidding forms may be examined free of charge and at the following location on weekdays from 8 :00 A.M. to 4:00 P.M. : Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Upon payment of non-refundable fifty dollars ($50.00) Bid Solicitation may be picked up at: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Bidders will be allowed to ask questions regarding the Bid Solicitation during a pre-bid conference to be held at 9:00 A.M., Thursday, May 12, 1994 at: Southold Town Hall 53095 Main Road Southold, New York 11971 All bidders are encouraged to inspect the Southold Town Transfer Station prior to the bid conference. Appointments to do so may be scheduled by calling James Bunchuck at (516) 734-7685. For further information regarding bidding requirements, contact Judith T. Terry (516) 765-1800. For information regarding Town of Southold waste program and haul-disposal operations, contact James Bunchuck (516) 734-7685. Dated: April 29, 1994. JUDITH T. TERRY SOUTHOLD TOWN CLERK I i Page 3 - CED PLEASE PUBLISH ON MAY 5, 1994, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 . Copies to the following: The Suffolk Times The Traveler-Watchman Town Board Members Town Attorney Solid Waste Coord. Bunchuck Dodge Reports Brown's Letters Town Clerk's Bulletin Board z _ . LEGAL NOTICE NOTICE TO BIDDERS CONSTRUCTION and DEMOLITION DEBRIS (C6D) HAUL-DISPOSAL SERVICES NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that the Town of Southold will receive sealed bids for Construction and Demolition Debris (C6D) Haul- Disposal Services until the time and at the location herein specified, which will then be opened and publicly read aloud. PLACE: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 (516) 765-1800 DATE: Thursday, May 26, 1994 TIME: 1 :00 P.M. EDST (Late Bids WILL NOT be opened) the offer to be made in accordance with this Bid Solicitation shall include a bid on the following: A bid price per ton, to provide equipment and labor for hauling and disposing construction and demolition debris at the Contractor's .construction and demolition debris disposal site. The term of this Agreement shall be three (3) years commencing on July 10, 1994. If the Town enters into an intermunicipal +I construction and demolition debris haul/disposal Agreement, the Town may terminate the Agreement at any time during Agreement years two (2) and three (3) by giving six (6) months written notice to the Contractor. The Town, at its sole discretion, shall have the option of renewing the Agreement for two (2) additional one (1) year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term. 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 the Town of Southold, or bid bond, in the sum of one hundred thousand dollars ($100,000.00) wherein the named obligee shall be the Town of Southold. I Page 2 - CFO • �'' The successful Bidder shall be required to furnish a Performance Bond, and insurance in accordance with the instructions in the Bid Solicitation. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. A Bidder may not withdraw his bid within forty-five (45) days after the opening of the bids, but may withdraw his Bid at any time prior to the scheduled time for the opening of bids. The Town reserves the right to reject any or all bids and to waive informalities, should this action be in the best interest of the Town of Southold. Bid Solicitation containing submission requirements, instructions, technical specifications, and bidding forms may be examined free of charge and at the following location on weekdays from 8:00 A.M. to 4:00 P.M. : Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Upon payment of non-refundable fifty dollars ($50.00) Bid Solicitation may be picked up at: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Bidders will be allowed to ask questions regarding the Bid Solicitation during a pre-bid conference to be held at 9:00 A.M. , Thursday, May 12, 1994 at: Southold Town Hall 53095 Main Road Southold, New York 11971 All bidders are encouraged to inspect the Southold Town Transfer Station prior to the bid conference. Appointments to do so may be scheduled by calling James Bunchuck at (516) 734-7685. For further information regarding bidding requirements, contact Judith T. Terry (516) 765-1800. For information regarding Town of Southold waste program and haul-disposal operations, contact James Bunchuck (516) 734-7685. Dated: April 29, 1994. JUDITH T. TERRY SOUTHOLD TOWN CLERK r Page 3 - C&D • • PLEASE PUBLISH ON MAY 5, 1994, AND FORWARD ONE (1 ) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 . Copies to the following: The Suffolk Times The Traveler-Watchman Town Board Members Town Attorney Solid Waste Coord. Bunchuck Dodge Reports Brown's Letters Town Clerk's Bulletin Board _ LEGAL NOTICE NOTICE TO BIDDERS CONSTRUCTION and DEMOLITION DEBRIS (CED) HAUL-DISPOSAL SERVICES NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that the Town of Southold will receive sealed bids for Construction and Demolition Debris (CED) Haul- Disposal Services until the time and at the location herein specified, which will then be opened and publicly read aloud. PLACE: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 (516) 765-1800 DATE: Thursday, May 26, 1994 TIME: 1 :00 P.M. EDST (Late Bids WILL NOT be opened) the offer to be made in accordance with this Bid Solicitation shall include a bid on the following: A bid price per ton, to provide equipment and labor for hauling and disposing construction and demolition debris at the Contractor's construction and demolition debris disposal site. The term of this Agreement shall be three (3) years commencing on July 10, 1994. If the Town enters into an intermunicipal construction and demolition debris haul/disposal Agreement, the Town may terminate the Agreement at any time during Agreement years two (2) and three (3) by giving six (6) months written notice to the Contractor. The Town, at its sole discretion, shall have the option of renewing the Agreement for two (2) additional one (1) year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term. 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 the Town of Southold, or bid bond, in the sum of one hundred thousand dollars ($100,000.00) wherein the named obligee shall be the Town of Southold. j - Page 2 - CS • The successful Bidder shall be required to furnish a Performance Bond, and insurance in accordance with the instructions in the Bid Solicitation. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. A Bidder may not withdraw his bid within forty-five (45) days after the opening of the bids, but may withdraw his Bid at any time prior to the scheduled time for the opening of bids. The Town reserves the right to reject any or all bids and to waive informalities, should this action be in the best interest of the Town of Southold. Bid Solicitation containing submission requirements, instructions, technical specifications, and bidding forms may be examined free of charge and at the following location on weekdays from 8:00 A.M. to 4:00 P.M. : Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Upon payment of non-refundable fifty dollars ($50.00) Bid Solicitation may be picked up at: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Bidders will be allowed to ask questions regarding the Bid Solicitation during a pre-bid conference to be held at 9:00 A.M., Thursday, May 12, 1994 at: Southold Town Hall 53095 Main Road Southold, New York 11971 All bidders are encouraged to inspect the Southold Town Transfer Station prior to the bid conference. Appointments to do so may be scheduled by calling James Bunchuck at (516) 734-7685. For further information regarding bidding requirements, contact Judith T. Terry (516) 765-1800. For information regarding Town of Southold waste program and haul-disposal operations, contact James Bunchuck (516) 734-7685. Dated: April 29, 1994. JUDITH T. TERRY SOUTHOLD TOWN CLERK i ii 1 0 0 • Page 3 - CSD PLEASE PUBLISH ON MAY S, 1994, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 . Copies to the following: The Suffolk Times The Traveler-Watchman Town Board Members Town Attorney Solid Waste Coord. Bunchuck Dodge Reports Brown's Letters Town Clerk's Bulletin Board NOTICE TO BIDDERS Construction and Demolition Debris (C&D) Haul-Disposal Services The Town of Southold will receive sealed bids for construction and demolition debris haul-disposal services until the time and at the location herein specified which will then be opened and publicly read aloud; PLACE: Office of the Town Clerk Southold Town Hall 5309S Main Road Southold, New York 11971 .(516) 765-1800 DATE: Thursday , May 26, 199'1 TIME: 1 : 00 P .M . EDST (LATE BIDS MILL NOT BE OPENED) The offer to be made in accordance with this Bid Solicitation shall include a bid on the following: A bid price per ton, to provide equipment and labor for hauling and disposing construction and demolition debris at the Contractor 's construction and demolition debris disposal site . The term of this Agreement shall be three (3) years commencing on July 10, 199'1 . If the Town enters into an intermunicipal construction and demolition debris haul/disposal Agreement, the Town may terminate the Agreement at any time during Agreement years two (2) and three C3) by giving six (6) months written notice to the Contractor . The Town, at its sole discretion, shall have the option of renewing the Agreement for two additional one year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term . Bids must be made in writing on the forms furnished and shall be accompanied by a Bid Guaranty in the form of certified check, money order, bank draft or standard form letter of credit made payable to Town of Southold, or bid bond, in the sum of one hundred thousand dollars ($100, 000 .00) wherein the named obligee shall be the Town of Southold . The successful Bidder shall be required to furnish a Performance Bond, and insurance in accordance with the instructions in the Bid Solicitation . The bid price shall not include any tax, federal , state, or local , from which the Town of Southold is exempt . A Bidder may not withdraw his bid within forty-five Cq5) 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 refect 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 q: 00 P .M . : Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Upon payment of non-refundable fifty dollars ($50 .00) Bid Solicitation may be picked up at: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Bidders will be allowed to ask questions regarding the Bid Solicitation during a pre-bid conference to be held at 9: 00 A .M . , Thursday , May 12, 1994 at: Southold Town Hall 53095 Main Road Southold, New York 11971 All bidders are encouraged to inspect the Southold Town Transfer Station prior to the bid conference . Appointments to do so may be scheduled by calling James Bunchuck at (516) 73'f-7685 . Judith T . Terry Town Clerk For further information regarding bidding requirements, contact Judith T . Terry (516) 765-1800 . For information regarding Town of Southold waste program and haul-disposal operations, contact James Bunchuck (516) 734-7685 . BIDDER ' S SOLICITATION CONSTRUCTION MATERIAL AND /OR DEMOLITION DEBRIS ( C&D) HAUL AND DISPOSAL SERVICES AGREEMENT DOCUMENTS MAY 1994 JUDITH T. TERRY !� Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS VO �. Fax (516) 765-1823 MARRIAGE OFFICER '�OI ��O Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER �7 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD 10 May 19, 1994 TO: All Bidders RE: Construction Material and/or Demolition Debris Haul 8 Disposal Services Solicitation ADDENDUM NO. 1 Contract Document Revision(s) Submission Requirements: 1 . Pg. Ar7, Par. 8.0, Execution of Agreement, Furnishing of Bonds. Performance Bond - A Performance Bond shall be in the amount of two hundred fifty thousand dollars ($250,000) . 2. Pg. A-10, Par. 14.0, Insurance and Bonds, 14.1 (2) . General Liability. Coverage for the above will be required in not less than the following amounts: SINGLE LIMITS OF LIABILITY: One Million Dollars ($1,000,000) . AGGREGATE LIMITS OF LIABILITY: Five Million Dollars ($5,000,000) . 3. Pg. 13, Par. 20.0, Subcontracts. Delete (2) ureel utre-the-9i-spesal-Site-Contraeter-to-furnish-to-Contractor-and the-Tow n-a-per€ermanee-bend-guaran teeing-the-avai+abi+ity-ef-the-Disposal-Side througheat-the-term-of-the-Agreement: 4. Information Schedule J, Pg. 7, IV. Attachments. Delete reference to "performance bond". ' BIDDER ' S SOLICITATION CONSTRUCTION MATERIAL AND/OR DEMOLITION DEBRIS ( C&D) HAUL AND DISPOSAL SERVICES AGREEMENT DOCUMENTS 1 TOWN OF SOUTHOLD STATE OF NEW YORK Prepared by: Solid Waste Task Force Technical Committee 53095 Main Road Southold, NY 11971 1 1 • i 1 i NOTICE TO BIDDERS 1 Construction and Demolition Debris CC&D) Haul-Disposal Services 1 The Town of Southold will receive sealed bids for construction and demolition debris haul-disposal services until the time and at the location herein specified which will then be opened and publicly read aloud; PLACE: Office of the Town Clerk Southold Town Hall 1 S3095 Main Road Southold, New York 11971 (516) 765-1800 1 DATE: Thursday , May 26, 199q TIME: 1 : 00 P .M . EDST 1 (LATE BIDS WILL NOT BE OPENED) ' The offer to be made in accordance with this Bid Solicitation shall include a bid on the following: A bid price per cubic yard, to provide equipment ' and labor for hauling and disposing construction and demolition debris at the Contractor 's construction and demolition debris disposal ' site . The term of this Agreement shall be three (3) years commencing on July 10, 199`t . If the Town enters into an intermunicipal construction and demolition debris haul/disposal Agreement, the Town may terminate the Agreement at any time during Agreement years two (2) and three (3) by giving six (6) months written 1 notice to the Contractor . The Town, at its sole discretion, shall have the option of renewing the Agreement for two additional one year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term . 1 Bids must be made in writing on the forms furnished and shall be accompanied by a Bid Guaranty in the form of certified check, money order, bank draft or standard form letter of credit ' made payable to Town of Southold, or bid bond , in the sum of one hundred thousand dollars ($100, 000 .00) wherein the named obligee shall be the Town of Southold . ' The successful Bidder shall be required to furnish a Performance Bond , and insurance in accordance with the instructions in the Bid Solicitation . The bid price shall not include any tax, Federal , state, or ' local , From which the Town of Southold is exempt . A Bidder may not withdraw his bid within forty-five C`f5) 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 q: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 C$50 .00) Bid Solicitation may be picked up at: ' Office of the Town Clerk Southold Town Hall 53095 Main Road ' Southold, New York 11971 Bidders will be allowed to ask questions regarding the Bid Solicitation during a pre-bid conference to be held at 9: 00 A .M . , ' Thursday , May 11, 1994 at: Southold Town Hall ' 53095 Main Road Southold, New York 11971 All bidders are encouraged to inspect the Southold Town ' Transfer Station .prior to the bid conference . Appointments to do so may be scheduled by calling James Bunchuck at CS16) 734-7685 . ' Judith T . Terry Town Clerk For Further information regarding bidding requirements, contact Judith T . Terry (516) 765-1800 . For information regarding Town OF Southold waste program and haul-disposal operations, contact James Bunchuck (S16) 734-7685 . ' TABLE OF CONTENTS ' GLOSSARY OF TERMS 1- 3 SECTION A - SUBMISSION REQUIREMENTS A- 1 1 .0 Project Purpose A- 1 2 .0 Schedule A- 1 3 .0 Examination of Agreement Documents A- 2 q .0 Information to be Submitted A 3 `f . 1 Contractual Bid A- 3 ' 4 .2 Supplemental Information A- '1 5 .0 Bid Format A- 5 5 . 1 Binding A- 5 ' 5 .2 Form Preparation A- 5 6 .0 Submission of Bid A- 6 6 . 1 Withdrawal of Bids A- 6 6 .2 Questions & Addenda A- 6 ' 7 .0 Bid Guaranty A- 7 8 .0 Execution of Agreement A- 7 9 .0 Consideration of Bids A- 8 10 .0 Selection of Contractor A- 8 11 .0 Acceptance of Bid A- 9 12 .0 Assignment A- 9 13 .0 Limitation of Funds Available A- 9 1'1 .0 Insurance and Bonds A- 9 1'x . 1 Insurance A 9 1q .2 Bonds A-11 ' 15 .0 Indemnity (Hold Harmless) A-11 16 .0 Payments A-12 17 .0 Default A-12 ' 18 .0 Term . df Agreement A-12 19 .0 Service Agreement A-13 20 .0 Subcontracts A-13 21 .0 Rights and Options A-1't SECTION B - BID SPECIFICATIONS B- 1 ' 1 .0 Requirements B- 1 2 .0 Program Goals and Objectives B- 2 3 .0 Potential Regulatory and Operational Changes B- 2 ' `t .0 Character of the Solid Waste B- 2 `t . 1 Quality and Characteristics B- 3 5 .0 Program Activities B 3 5 . 1 Collection B- 3 5 .2 Loading Mode B- `t 5 .3 Town of Southold Accident and Damage Policy B- Lf ' 5 .q NYSDEC Part 360 Permit to Operate B- 5 6 .0 Haul Services B- 5 6 . 1 Work Included B- 5 6 .2 Equipment B- 5 ' 6 .3 Weighings B- 6 6 .q Routing Node - Contractor 's Responsibility B- 7 7 .0 Disposal Services Program Activities B- 7 7 . 1 Work Included B- 7 7 .2 Operational Capacity B- 7 ' 7 .3 Permit Requirements B- 8 7 .3 . 1 Disposal Sites Inside State of New York B- 9 7 .3 .2 Disposal Sites Outside ' State of New York B- 9 8 .0 Safety and Health Regulations B-10 9 .0 Operations and Procedures B-11 ' 9 . 1 Supporting Data B-12 SECTION C - TOWN OF SOUTHOLD SOLID WASTE HAUL/DISPOSAL SERVICES C- 1 1 .0 Intent C- 1 2 .0 General Bid Statement C- 1 3 .0 Unit Price Bid Schedule C- 6 3 . 1 Compensation C- 6 3 .2 Evaluation Unit Bid Price Formula C- 7 ' '1 .0 Bid Security Acknowledgment C- 6 S .0 Information Schedules C- 8 Information Schedule A ' Information Schedule B Information Schedule C Information Schedule D ' Information Schedule E Information Schedule F Information Schedule G ' Information Schedule H Information Schedule I Information Schedule J Information Schedule K ' Information Schedule L Information Schedule N ' SECTION D - APPENDICES Appendix. A Sample Operating Agreement Appendix B New York State Department of Environmental Conservation Permit Appendix C Accident Report Appendix D Town of Southold SWNP (Executive Summary) ' Appendix E Town of Southold Solid Waste Profile Appendix F Chapter q8 of the Code of the Town of Southold GLOSSARY OF TERMS ADMINISTRATOR - Shall mean the Coordinator of construction and demolition debris Cor his agent) of the Town of Southold, New 1 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 19911 . AGREEMENT DOCUMENTS - Shall include the notice to bidders, instructions, bid solicitation, bid forms, information schedules, proposal , payment bond, bid bond, Agreement, performance bond, ' certificates of insurance, glossary of terms any general conditions or special conditions, and any addenda . the Agreement Documents will form a part of the Agreement . ' AGREEMENT YEAR - Shall mean the period from July 10, of a calendar year to July 9, of the next calendar year . ' BIDDER - Shall mean any party or parties submitting in proper Form a bid to perform the work as specified in the Agreement Documents . The successful Bidder selected by the Town to perform ' the specified work will thereafter be known as the Contractor . ) BID PRICE Shall mean the unit cost to determine the ranking of bidders. ' BID SOLICITATION - Shall mean this document, specifications, and any bid addenda issued . ' COMMENCEMENT DATE - Shall mean July 10, 1994 . CONSTRUCTION MATERIALS AND/OR DEMOLITION DEBRIS (C&D) - Shall ' mean solid waste resulting from the construction, renovation, equipping, remodeling, repair and demolition of structures and roads . Such waste includes, but is not limited to, bricks, concrete and other masonry materials, soil , rock, wood, wall coverings, plaster, drywall , non-asbestos insulation and roofing shingles . ' CONSTRUCTION MATERIALS AND/OR DEMOLITION DEBRIS (C&D) DISPOSAL SITES - Shall mean any site designated by the Contractor where construction and demolition debris is disposed of in a manner ' that minimizes environmental hazards and is permitted under the design and operation requirements of 6NYCRR Part 360 or alternatively outside the State of New York, is permitted under ' design and operation requirements meeting the requirements of 1) that ,jurisdiction's applicable regulatory agency and 2) Town of Southold 's minimum standards . GLOSSARY - 1 ' CONTRACT DOCUMENTS - Shall have the same meaning as Agreement Documents . ' CONTRACT YEAR - Shall have the same meaning as Agreement Year . CONTRACTOR - Shall mean the party contracting to perform the ' work, or the heirs, executors, administrators, agents, or successors thereof . ' COORDINATOR - Shall mean the coordinator of construction and demolition debris for the Town of Southold . COUNTY - Shall mean Suffolk County , State of New York . DAILY - Sunday to Saturday , inclusive . ' EPA - Environmental Protection Agency (Federal) . HAUL-DISPOSAL SERVICES UNIT PRICE - Shall mean the Contractor 's ' compensation in dollars for each cubic yard of construction and demolition debris actually hauled from the Town of Southold Transfer Station to the Contractor-Designated Disposal Site and ' disposed of at the Contractor-Designated Disposal Site . HAZARDOUS WASTE - Shall mean (1) any "hazardous waste" as defined under the Resource Conservation and Recovery Act, q2 U .S .C . ' Section 6901 et seg. , or "hazardous substance" as defined under the comprehensive Environmental Response, Compensation, and Liability Act , q2 U .S .C . Section 9601 et sec . , or "hazardous ' waste" as defined under New York Environmental Conservation Law Section 27-0901 et seg. , as each such law may be amended from time to time, and the regulations promulgated thereunder, and any analogous or succeeding federal , state or local law, rule or regulation and any regulations promulgated thereunder and (2) any other material which any governmental agency or unit having appropriate ,jurisdiction shall determine From time to time cannot ' be processed at -the Facility because it is harmful , toxic or dangerous . ' NOTICE OF AWARD - Shall mean written notice from the Town of Southold to the successful Bidder that the Town of Southold intends to award an Agreement to the successful Bidder subject to compliance with all their terms and conditions of the Agreement Documents . NYSDEC - New York State Department of Environmental Conservation . ' OSHA - Federal Williams-Steiger Occupations Safety & Health Act of 1970, plus subsequent revisions . ' GLOSSARY - 2 OWNER - Shall mean the Town of Southold, New York . Also may be referred to as the Town . PERMIT - Shall mean any and all permits, licenses, approvals, certificates of public convenience and necessity , franchises or ' authorizations which must be issued by any Governmental Body having ,jurisdiction thereof to legally enable the Contractor to transport and/or dispose of construction and demolition debris . PERMITTEE - Shall mean any person issued a valid permit to haul ' construction and demolition debris or to construct, establish, maintain or operate a construction and demolition debris Disposal Site . ' RCRA Resource Conservation Recovery 'Act (Federal) . SOLID WASTE - Shall mean all putrescible and non-putrescible materials or substances, including but not limited to garbage, refuse, rubbish, ashes, agricultural wastes, and offal . (Solid Waste does not include C&D waste, recyclables, hazardous, or ' infectious waste) . SOLID WASTE DISPOSAL SITE(s) - Shall mean any site designated by the Contractor where solid waste is disposed of in a manner that ' minimizes environmental hazards and is permitted under the design and operation requirements of 6NYCRR- Part 360 - Solid Waste Management Facilities, or alternatively outside of the State of ' New York, is permitted under design and operation requirements meeting the requirements of 1) that ,jurisdiction 's applicable regulatory agency and 2) Town of Southold 's minimum standards . ' Also may be referred to as Disposal Site(s) . SUBCONTRACTOR Shall mean an individual , firm or corporation having a direct contract with the Contractor for services, equipment, materials and/or labor . GLOSSARY - 3 SECTION A ' SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS, AND AWARD BASIS ' SECTION A SUB11 I SS I ON REQU I RENENTS BIDDERS INFORMATION, INSTRUCTIONS AND AWARD BASIS ' 1 .0 PROJECT PURPOSE The Town of Southold expects that it will receive and need to dispose of approximately 16, 000 cubic yards of construction material and/or demolition debris during the ' agreement year . It is possible that the Town of Southold will contract with another town to receive and dispose of their construction material and/or demolition debris . If this happens ' the quantity of wastes to be hauled and disposed of under this Agreement will increase by 10-1So . This Bid Solicitation will ensure Town of Southold 's construction and demolition debris will continue to be 1) hauled from the Town of Southold Transfer ' Station to Disposal Site(s) and 2) disposed of at permitted Disposal Site(s) . ' 2 .0 SCHEDULE The schedule below is an estimate of the time period leading up to the commencement of the Agreement . Its intent is ' to provide each Bidder with an idea of when certain events maw occur . The dates given are guidelines and should not be construed as firm dates or deadlines due to the multiple parties involved in the decision making process . ' EVENT DATE Transfer Station Visits By Appointment ' Pre-Bid Conference May 12, 199'1 Bid Opening May 26, 19911 Town Board Reviews Nay 31 , 19911 Town Board Approval June lq, 199Lf Agreement Executed On or Before June 30, 199'1 ' Operations Commencement July 10, 199'1 ' A-1 3 .0 EXAMINATION OF AGREEMENT DOCUMENTS, FAMILIARITY WITH THE WORK It is the responsibility of each Bidder before submitting a Bid to (a) examine the Sample Operating Agreement and Agreement Documents thoroughly ; (b) visit the site of the ' Town of Southold Transfer Station; (c) attend and be familiar with the outcome of the pre-bid conference; (d) become familiar with conditions at the Town of Southold Transfer Station and ' Disposal Sites that may affect cost, progress, performance or furnishing of the work; Cel become familiar with and consider all federal , state and local laws, regulations ordinances, permits, approvals and orders that may effect the cost, progress, performance or furnishing of the work; (F) study and carefully correlate the Bidder 's observations with the Agreement Documents; and (g) notify the Town Clerk of all conflicts, errors or discrepancies in the Agreement Documents . ' Reference is made to the following Appendices which contain supplemental information which is attached to and made ' part of the Agreement Documents: Appendix A: Sample Operating Agreement Appendix B: NYSDEC Part 360 Operating Permit ' Appendix C: Town of Southold Accident Report Reference is made to the following Appendices which contain supplemental information which is attached to the ' Agreement Documents solely for the convenience of Bidders: Appendix D: Solid Waste Management Plan Summary ' Appendix E: Solid Waste Profile Appendix F: Southold Town Code Chapter '18 ' Reference is made to the following information which is available for review by Bidders at the Town Clerk 's Office during ' normal business -hours; 8: 00 A .M . to q: 00 P .M. Monday through Friday . i . Pending drawings of the proposed Town of Southold ' Transfer Station . ii . Town of Southold Solid Waste Management Plan. ' This information is presented solely for the convenience of the Bidders and does not constitute part of the ' Agreement Documents . Bidders shall form their own conclusions A-Z ' and opinions from this information and shall confirm any information contained therein regarding facilities and equipment through site -isits . The Town does not guarantee the accuracy of ' any information contained in these documents . Before submitting a Bid, each Bidder shall , at the ' Bidder 's own expense, make or obtain any additional inspections, examinations, or studies and obtain any additional data and information which may affect cost, progress, performance or Furnishing of the work and which Bidder deems necessary to ' determine its bid for performing and furnishing the work in accordance with the time, price and other terms and conditions of the Agreement Documents . The failure or ommission of the Bidder ' to receive and examine any form, instrument or document, or make required inquiries and inspections, shall not relieve the Bidder From any obligation contained in the Agreement Documents . The ' Town will be ,justified in rejecting any claim based on facts or conditions of which the Contractor should have been cognizant . The submission of a Bid will constitute an ' incontrovertible representation by Bidder that Bidder has complied with every requirement of this Bid Solicitation, that without exception the Bid is premised upon performing and ' furnishing the work required by the Agreement Documents, and that the Agreement Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performing and furnishing the work . Bidders will be allowed to ask questions regarding the Bid Documents during the pre-bid conference to be held at: ' Town Hall 53095 Main Road Southold , New York 11971 May 12, 199`t at 9: 00 A .M . 4 .0 INFORMATION TO BE SUBMITTED WITH PROPOSAL 4 . 1 Contractual Bid ' For the purpose of assisting the Town in determining the responsible Bidders For this Bid Solicitation, the Bidder is required to submit the following minimum information with his bid: ' i . Contractor Bid Form ii . Bid Security or Bid Bond iii . Information Schedules A through M as applicable iv . Supplemental Information as described in 4 .2 A-3 i • s 1 ' 't .2 Supplemental' Information In addition to the aforementioned forms, the Bidder is required to submit the following supplemental information with his bid: ' i . Operational Plan: A plan describing the Bidder 's assessment of the requested operation . This section shall be divided into the following 1 subsections: o Haul A detailed summary of requirements for 1 manpower, materials and supplies, mobile equipment, etc . , shall be included to provide the Town with general anticipated guidelines 1 for performance under the Agreement. o Disposal A detailed summary of requirements of site 1 capacity, useful life, hours and days of the week, operation, etc . , shall be included to provide the Town with general anticipated 1 guidelines for performance under the Agreement . A copy of the current Permits to Construct 1 and Permits to Operate shall be included . If the Disposal Site is located outside the State of New York, a copy of the 1 current applicable laws and regulations governing the design, construction and operation of the Disposal Site shall ' additionally be included . ii . Litigation: A section briefly describing any current litigation which in any way may 1 affect the Bidder 's operational capability of useful life of the Disposal Sites . 1 iii . Subcontractors: If the Bidder intends to use one or more subcontractors to complete any portion of the work, the Bidder must so indicate this intent in its Bid . The Bidder 1 is advised that any Agreement awarded will be contingent upon the use of the subcontractor(s) so identified . In the event that the Bidder desires to change the number or identity of such subcontractor(s) , the proposed change must be submitted to the Town for approval . No such change shall be made without the Town 's approval . A-'1 i ' In addition, it is the policy of the Town of Southold to encourage the participation of Minority Business Enterprises (MBE 's) and ' Women-Owned Business Enterprises (WBE 's) on Town projects . For this reason, the Agreement will require Contractor to use its best ' efforts to include among its subcontractors MBE and WBE firms . In the event the successful Bidder intends to subcontract in excess of twenty-five percent (25%) of the ' work, the Bidder will be required to submit to the Town an MBE/WBE Utilization Plan acceptable to the Town prior to the Town 's ' execution of the Agreement . iv. Disposal Site Subcontractor: In the event the Bidder does not own the Disposal Site identified in its Bid, the - Bidder shall furnish a statement, signed by an authorized representative of the Disposal Site, which ' provides for Bidder 's use of the site pursuant to this Bid Solicitation in accordance with the Agreement Documents . ' THE SUPPLEMENTAL INFORMATION REQUIREMENTS MAY BE SATISFIED BY INCLUDING A REFERENCE TO AN INFORMATION SCHEDULE (A-L) IF THE SCHEDULE PROVIDES THE INFORMATION REQUESTED AND IS INCLUDED ' IN THE BID. 5 .0 BID FORMAT ' 5 . 1 Binding ' The document(s) if bound shall be in a manner that will provide for easy evaluation access (to lie flat when opened) . Printing on both sides of the sheets, provided a quality paper is utilized that will prevent the type from showing through, is acceptable . Paper with substantial recycled content is preferred . ' 5 .2 Form Preparation Bids shall be submitted in the form described in this Bid Solicitation . All blank spaces for bid prices shall be ' properly filled in, in ink or typed, in both words and numerals For all bid categories required . In the event a price shown in words and its equivalent shown in figures do not agree, the ' written words shall be binding on the Bidder . BIDS SHALL NOT BE QUALIFIED, MODIFIED, LIMITED OR RESTRICTED IN ANY WAY . In the event a specification is not applicable, it shall be so ' indicated . Incomplete bids will not be considered . A-5 ' 6 .0 SUBMISSION OF BID Each Bidder shall submit six (6) separate complete sets ' of his Bid which shall be enclosed in a sealed opaque envelope plainly marked on the outside with the title of the work and the name and address of the Bidder . No Bid will be considered unless ' filed on or before the time and at the place designated in the Notice to Bidders . Bids received after the time set for the opening will be returned to Bidders unopened . When sent by mail , preferably registered, the sealed Bid, marked as above, should be enclosed in an additional envelope similarly marked and addressed to. Office of the Town Clerk ' Town of Southold 53095 Main Road Southold, New York 11971 ' Bids received prior to the time of opening will be kept securely unopened . No bid received thereafter will be considered . ' 6 . 1 Withdrawal of Bids Any Bidder will be given permission to withdraw its Bid upon receipt of a properly notarized written request made no later than the time set for opening . At the time of opening of the bids, if such Bid is included, it will be returned to the t Bidder unopened . No bid may be withdrawn after opening until execution of the Agreement or rejection of all bids as provided herein . 6 .2 Questions & Addenda All questions about this Bid Solicitation must be submitted in writing to the following: Town Clerk ' Town of Southold 53095 Main Road Southold, New York 11971 No alterations to this Bid Solicitation will be considered valid unless in writing and issued as Addenda . All such addenda shall become part of the documents and all Bidders shall be bound by such addenda, whether or not received by the Bidders . ' All questions must be received at least ten (10) calendar days before bid opening in order to be answered . It shall be the Bidder 's responsibility to make inquiries concerning any addenda issued . All addenda will be on file at the Town ' Clerk 's office at least twenty-four (2q) hours before bids are opened . The Town will not be bound by oral clarifications . A-6 ' 7 .0 BID GUARANTY Each Bid must be accompanied by a bid guaranty (Section ' C, Schedule 5 .0 .K) , without condition or qualification, which shall be in the sum of one hundred thousand dollars ($100, 000 .00) . ' The guaranty may be certified check, bank draft, money order, standard form irrevocable letter of credit, or a bid bond in the form attached . The bid bond shall be secured from a surety company authorized to do business in the State of New York as a surety . No Bid will be considered unless it is accompanied by the required guaranty . Certified check, money order or bank ' draft must be made payable to the order of the Town of Southold . The bid bond shall name the Town as the obligee . Cash deposits will not be accepted . The bid guaranty shall ensure the ' execution of the Agreement and the furnishing of .the surety bond or other required bonds by the successful Bidder., all as required by the Agreement Documents. All guaranties will be returned within ten (10) days after the execution of the Agreement and required bonds, insurance and other Agreement Documents are received from the ' successful Bidder . 8.0 EXECUTION OF AGREEMENT, FURNISHING OF BONDS ' The successful Bidder, or its legally authorized representative, shall be required to appear in person within ten (10) days of the Notice of Award by the Town at the place and ' time designated by the Town to execute the Agreement and other Agreement Documents for Haul/disposal services . ' The successful Bidder shall , at its own cost and expense, procure, execute and deliver to the Town the following documents within ten (10) days of formal Notice of Award by the Town . Performance Bond - A Performance Bond shall be in an amount of five hundred thousand dollars ' ($500,000 .00) . This bond (as shown by example in Section C, Schedule ' 5 .0 .L) , shall be maintained at the Contractor 's own expense for the term of the Agreement . Failure or refusal of the successful Bidder to execute and/or deliver such bond within the time designated, shall constitute a breach of such Bidder of the Agreement created by the Town 's acceptance of the bid . In such event, the Town may determine that such Bidder has abandoned the Agreement and the Town shall be entitled to take action for any and all damages it may suffer as the result of such breach . The Town 's rights in this regard shall include but not be limited to A-7 a claim against the bid bond provided . The Town specifically ' reserves any and all other rights against the Contractor as a result of his failure to perform as required by these documents . 9 .0 CONSIDERATION OF BIDS The Town of Southold reserves the right to reject any or all bids for haul and disposal services if such action is deemed to be in the best interests of the Town . To be considered responsive to this Bid Solicitation, ' each Bidder shall : A . Provide equipment, labor, maintenance and ' management services to haul and dispose of construction material and/or demolition debris From the Town of Southold Transfer Station to Contractor designated Disposal Site(s) as set ' forth in Section B - Bid Specifications . B . Reserve and provide a minimum available capacity ' of 17, 000 cubic yards (52 weeks/year) yearly , allowing for seasonal and other peak periods . ' C . Provide evidence of all current valid state and Federal permits, licenses , local ordinances, etc . , required by law to receive construction material and/or demolition debris at the designated ' Disposal Site(s) . D . Provide evidence of physical and financial ' capability to perform services described in the bid specifications . ' 10 .0 SELECTION OF CONTRACTOR Bids will be evaluated only if accompanied by the approved form of bid guaranty . Only bids solicited From Firms or ' combinations thereof , who have sufficient management , engineering capabilities, operating, and maintenance experience to Fulfill the Town 's goals and comply with the applicable local , state, ' federal laws, ordinances, regulations, e .g . New York State Department of Environmental Conservation, Resource Conservation Recovery Act and Federal Environmental Protection Agency guidelines will be accepted . The Town will review the bids and ' make a selection recommendation based on the evaluation criteria included in this Bid Solicitation or take such other action as it deems in its best interest . ' Any agreement awarded hereunder will be to the responsible Bidder whose Evaluation Unit Bid Price is the lowest . ' A-8 ' The Town of Southold reserves the right, in its sole discretion, to reject all bids submitted in response to this Bid Solicitation . 11 .0 ACCEPTANCE OF BID ' The acceptance of a Bid will be a Notice of Award signed by a duly authorized representative of the Town, and no other act of the Town shall constitute the acceptance of a Bid . ' The acceptance of a Bid shall bind the successful Bidder to execute the Agreement and other Agreement Documents . 12 .0 ASSIGNMENT ' The successful Bidder to whom any Agreement shall be let, granted, or awarded shall not assign, transfer, convey, sublet, or otherwise dispose of the Agreement or of his right, title, or interest therein or his power to execute such Agreement, to any person or corporation without the prior written consent of the Town. ' 13 .0 LIMITATION OF FUNDS AVAILABLE ' The Contractor specifically agrees that any Agreement shall be deemed executory only to the extent of the funds appropriated for the purpose of the Agreement and that no ' liability shall be incurred by the Town beyond the funds appropriated on the date of execution of the Agreement by the Town for the said purpose . ' 11f .0 INSURANCE AND BONDS 1L1 . 1 Insurance ' For the period from Agreement commencement date until one (1) year after Agreement termination date, Contractor must maintain insurance acceptable to the Town in the kinds and ' amounts set forth below. All such insurance coverage shall be provided by companies licensed to do business in New York State and the state in which the Disposal Site(s) is Care) located . ' The Town of Southold and its agent shall be named as an additional insured and coverage shall not be changed or cancelled until thirty (30) days written notice has been given to the Town . Within ten (10) days of the Notice of Award, Contractor shall Furnish to the Town, certificates of insurance, in a form satisfactory to the Town Attorney , evidencing such insurance . The kinds and amounts of insurance are as follows: ' A . Contractor 's Insurance - Insurance for liability for damage imposed by law of kinds and in the amounts hereinafter provided covering all work under the Agreement, whether performed by A-9 Contractor or his subcontractors . The kinds and amounts of insurance are as follows: ' (1) Worker 's Compensation Insurance - A Policy covering the operations of the Contractor in accordance with the provisions of Chapter q1 ' of the Laws of 191'1 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 Liabilitu (Comprehensive Form) Insurance - Contractor's liability insurance ' issued to and covering legal liability of the Contractor with respect to all work performed by him under the Agreement . ' The Following insurance coverage shall be included: ' (a) Independent Contractor 's Protective Liabilitu - Covering work performed by subcontractors . (b) Completed Operations or Product Liability . (c) Contractual Liabilitu . (d) Broad Form Property Damage . (e) Personal Injury . ' NOTE: If any of the rating classifications embody property damage exclusions C or U, coverage for eliminating such exclusions must be provided . ' Coverage for the above will be required in not less than the following amounts: ' SINGLE LIMITS OF LIABILITY: $1 ,000,000.00 AGGREGATE LIMITS OF LIABILITY: $10,000,000 .00 A-10 ' (3) Automobile Liability Insurance - Policy shall include coverage for all owned as well as ' non-owned and hired vehicles, and limits shall not be less than the following amounts: BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY Aggregate: $3, 000, 000.00 Aggregate: $3, 000,000 .00 Each Person Each Occurrence Each Occurrence $1 , 000, 000 .00 $1 , 000,000 .00 14 .Z Bonds Prior to the execution of the Agreement, the successful ' Bidder shall furnish to the Town a Performance Bond wherein the named obligee is the Town of Southold . The Performance Bond 's purpose is to secure the faithful performance of the Agreement . ' The bond amount . shall be set forth in Section A-8 .0. The bond shall be executed by a surety company approved by the Town authorized to do business in the State of New York and with an office or representative in Suffolk County, New York. The form shall be acceptable to the Town of Southold and shall have a term through the completion of services . ' As an alternative to the Performance Bond, the successful Bidder may furnish a certified check, bank draft, money order, or a standard form irrevocable letter of credit . ' Certified check, bank draft or money order must be made payable to the order of the Town of Southold . The standard form irrevocable letter of credit shall be in a form acceptable to the Town of Southold . In the event the Contractor secures a Performance Bond From any of its subcontractors, said bond shall also name the ' Town of Southold as a dual obligee . Should the Town designate another public or private ' agent or contract administrator, the same or others shall be added as additional named obligee at no added costs to the Town, upon written request from the Town . ' 15 .0 INDEMNITY (HOLD HARMLESS) Contractor shall agree to defend, indemnify and save ' harmless the Town against any and all liability , loss, damage, detriment, suit, claim, demand, cost, charge, attorney 's fees and expenses of whatever kind or nature which the Town may directly or indirectly incur, suffer or be required to pay by reason of or ' in consequence of the carrying out of or the performance of the terms of such Agreement, or the failure to carry out any of the provisions, duties, services or requirements of such Agreement, ' A-11 ' whether such losses and damages are suffered or sustained by the Town directly or its employees, licensees, agents, engineers, ' citizens or by other persons or corporations, including any of the Contractor 's employees and agents who may seek to hold the Town liable therefor . This indemnity shall include any and all ' claims, penalties or other losses or damages incurred by the Town as a result of enforcement or other proceedings by federal , state or local government agencies relating to Contractor 's Disposal Site(s) operation . This obligation shall be ongoing, survive the ' term of the Agreement and include, but not be limited to, claims concerning non-sudden environmental impairments . ' The Bidder agrees to ,loin in the commencement of any action or proceeding or in the defense of any action or proceeding which in the opinion of the Town constitutes actual or ' threatened interference or interruption with the Town 's rights hereunder, including all necessary appeals which may be necessary , in the opinion of the Town . 16 .0 PAYMENTS Contractor shall receive monthly payments for services ' performed during the prior calendar month upon submission of an invoice (with a Town voucher) that shall contain an itemized list of C&D haul trips from the Town of Southold Transfer Station including the yardage of construction material and/or demolition debris and the manifest number for each load of construction material and/or demolition debris removed . Such payments shall be made within sixty (60) days of the Town 's approval of ' Contractor 's invoice . Contractor 's monthly invoice shall include a daily summary of yardage received by Contractor at the Transfer Station . The Town shall be entitled to deduct from any payment ' owing to Contractor any sums expended by the Town to cure any default or other non-compliance by Contractor . 17 .0 DEFAULT In the event the Contractor fails to perform its obligations under the Agreement , the Town may terminate such Agreement , and the Town may procure the services from other sources and hold the Contractor responsible For any excess costs incurred and deduct From payments owing to the Contractor and/or draw upon the Performance Bond as Full or partial reimbursement For such excess costs . The Town reserves the right to terminate the Agreement For ,lust cause . ' 18 .0 TERM OF AGREEMENT The term of this Agreement shall be three (3) years ' commencing on July 10, 199`t . If the Town enters into an intermunicipal C&D haul/disposal agreement the Town may terminate ' A-12 ' the Agreement at any time during Agreement years two (2) and three (3) by giving six (6) months written notice to the Contractor . The Town, at its sole discretion, shall have the ' option of renewing the Agreement for two (2) additional one (1) year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the ' term . 19.0 SERVICE AGREEMENT ' The Contractor shall be obligated to provide the Town with disposal services without regard to the permit status of its Disposal Site . In the event that Bidder wishes to submit a bid for a Disposal Site for which Bidder does not currently have all necessary federal and state permits, Bidder shall , at its sole risk and expense, be responsible for obtaining and/or renewing ' its permits or providing to the Town an alternate Disposal Site at no additional cost (disposal plus any additional hauling) to the Town . This is a full service Agreement and failure of the ' successful Bidder to provide the identified Disposal Site or acceptable alternative Disposal Site, on or after the commencement date for services under the Agreement Documents awarded hereunder shall constitute a breach of this Agreement . ' The Bidder accordingly shall not be excused from it obligations hereunder by reason of any failure to obtain or maintain its permits at the identified Disposal Site. 20 .0 SUBCONTRACTS In the event Bidder does not own the Disposal Site identified in its bid prior to execution of the Agreement, Bidder shall : (1) furnish to the Town a copy of the signed Agreement between Bidder and the Disposal Site Contractor which provides for Bidder's use of the site pursuant to this Bid Solicitation in accordance with the Agreement Documents; (2) require the Disposal Site Contractor to furnish to ' Contractor and the Town a performance bond guaranteeing the availability of the Disposal Site throughout the term of the Agreement; ' (3) require the Contractor to provide insurance certificates naming the Town as additional insureds on all policies maintained by Contractor . t ' A-13 21 .0 RIGHTS AND OPTIONS The Town of Southold, New York, reserves and holds at its discretion the following rights and options upon issuing this Bid Solicitation: 1 . To award an Agreement to the candidate whose bid is ,judged to be the lowest responsible bid pursuant to Section 103 of the General Municipal ' Law of the State of New York . 2 . To reject any and/or all bids . ' 3 . To issue subsequent bid solicitations . 't . To issue additional and subsequent solicitations ' for statements of qualifications, and conduct investigations or interviews with respect to the qualifications of each Bidder . ' S. To designate another public body, private or public agency , group, or authority to act in its behalf for evaluation and Agreement negotiations . 6 . To designate another public body, private or public agency , group, or authority to act in its ' behalf for contract administration of this project at any time during the Agreement period . A-1't ' SECTION B ' BID SPECIFICATIONS (TECHNICAL/MANAGEMENT) 1 t SECTION B BID SPECIFICATIONS TECHNICAL/MANAGEMENT 1 .0 REQUIREMENTS ' This request for bids is issued for the Town of Southold, State of New York, Town Hall , 53095 Main Road, Southold, New York, 11971 (Telephone (516) 76S-1800) The effort, ' shall be known as the Town of Southold Construction Material and/or Demolition Debris Haul Disposal Service . ' The Town of Southold desires to issue an Agreement with a qualified Contractor to haul and dispose of a portion of its construction material and/or demolition debris . ' The Town will need to dispose of approximately 16, 000 cubic yards of construction material and/or demolition debris during the agreement years . The Contractor will ensure the Town that construction material and/or demolition debris will continue to be; 1) hauled from the Town of Southold 's Transfer Station to disposal site(s) , and; 2) disposed at permitted disposal site(s) . The ' following general services are sought in this request: " HAUL ' Provide equipment, labor, maintenance, management and policies to operate a transportation system for hauling construction material and/or demolition debris From the Town of Southold Transfer Station to Contractor designated disposal site(s) as set ' forth herein . Transportation equipment shall be in accordance with New York State Department of Transportation, Interstate Commerce Commission, United States Department of Transportation, as ' defined in the Code of Federal Regulations, or other applicable state and Federal regulatory requirements . DISPOSAL ' Reserve capacity and provide equipment , labor, maintenance, management and policies to receive and dispose of construction material and/or demolition debris From the Town of Southold Transfer Station ' as set Forth herein . The Contractor 's New York State Disposal Site(s) must be in compliance with all State of New York Department of Environmental ' B-1 ' requirements, e .g . , 6NYCRR Part 360, Resource Conservation Recovery Act (RCRA) , Environmental Protection Agency - Subtitle D, et al . Disposal Sites outside New York State shall be permitted by applicable local , state and federal laws including RCRA and Subtitle D and regulations deemed by the ' Town to be no less protective of the environment than those outlined in this specification. Disposal alternatives that will be considered include land disposal , incineration, composting, ' etc. , as long as they comply with regulatory requirements and environmental standards . 2.0 PROGRAM GOALS AND OBJECTIVES The goal of this project is the continued safe and reliable hauling and disposal of the construction material and/or demolition debris from the Town of Southold Transfer Station at minimum cost to the citizenry . ' It is also the objective of the Town of Southold to ensure that the haul-disposal operations proceed ' according to the provisions of this document and subsequent agreements/amendments are upheld . 3 .0 POTENTIAL REGULATORY AND OPERATIONAL CHANGES ' During the term of the Agreement, there may be a number of regulatory and operational changes which may affect ' the quantities and types of construction material and/or demolition debris received at the Town of Southold Transfer Station and delivered to the Disposal Site. ' This Agreement will not provide any guarantees with respect to the volume of waste to be hauled and/or disposed of by Contractor . The Town reserves the right to designate another public body , private or public agency , group or authority to act ' in its behalf for administration of the Agreement at any time during the term of Agreement . '1 .0 CHARACTER OF THE CONSTRUCTION MATERIAL AND/OR DEMOLITION ' DEBRIS The wastes which are to be hauled and disposed of under ' terms of this bid solicitation are to include typical construction material and/or demolition debris from a rural community . This will include wood, sheet rock, ' shingles, insulation, concrete, bricks, metal , and other B-2 items generated by the construction industry . It could also include items generated bg renovation activities such as broken furniture, small appliances, carpets, and other like items, as allowed under 6NYCRR Part 360. It should not include typical household garbage other than what might be generated by construction work crews at ' construction sites during coffee breaks, lunch breaks, etc . Nor should construction material and/or demolition debris include any wastes covered by special waste , permits such as pathogenic or hazardous materials, but the Town cannot guarantee that the waste stream does not contain same. Special costs associated with handling non-compliance loads will be compensated under Forced ' Accounting (Appendix A-9) . q .1 Quality and Characteristics The Town of Southold 's historical construction material and/or demolition debris quantities and characterization data are included in the Appendices . Bidders are ' cautioned that actual quantities may differ significantly from these data. Recycling programs may affect the quantity and characteristics of the waste received at the Town of Southold Transfer Station . If the Contractor discovers any non-compliance waste (hazardous, regulated medical or special wastes) , the ' Contractor shall notify the Town and dispose of the non- compliance waste in accordance with local , state and federal regulations . Compensation for such waste disposal services shall be provided for under Forced ' Accounting (Appendix A-9) . The Town makes no specific representations in the foregoing disclosure . ' 5.0 PROGRAM ACTIVITIES 5 . 1 Collection ' The Town of Southold Transfer Station is open 7 days a week, except holidays, from 7: 00 A .M . to S: 00 P .M . The ' Contractor will be expected to collect and remove construction material and/or demolition debris from the Transfer Station during the following hours: ' Monday through Friday 7: 00 A .M . to q:00 P .M . The Transfer Station is closed on the following holidays: ' New Year 's Day Columbus Day Martin Luther King Day Election Day ' Lincoln's Birthday Veterans Day B-3 Presidents Day 1/2 day before Thanksgiving ' Easter Sunday Thanksgiving Memorial Day 1/2 day before Christmas Independence Day Christmas ' Labor Day 1/2 day before New Year 's Day The Contractor must make transfer containers available ' for loading on Saturdays and Sundays between 7: 00 A .M . and `t: 00 P .M . . The Contractor may from time to time be requested to remove construction material and/or demolition debris on Saturdays and/or Sundays between the ' same hours, but would not normally be expected to do so . The Contractor will be expected to provide enough ' containers to empty the Transfer Station tipping floor on a daily basis. Delivery and staging of an adequate number of containers for this purpose will be coordinated with Transfer Station staff as needed . 5 .2 Loading Mode The Contractor shall fully prepare transfer containers For loading, including assuring that container covers or empty containers are left open . Construction material and/or demolition debris will be loaded by the Town at its Transfer Station using a front end wheel loader or backhoe . If required by any local , state or federal regulations or law, the Contractor shall line transport equipment with ' plastic prior to loading . This service shall be at the Contractor 's expense and included in the unit price bid . 5 .3 Town of Southold Accident and Damage Policy ' The Contractor shall be required to prepare an Accident Report (See Appendix C) of any accidents and/or damage ' that occur while performing services under the term of the Agreement . ' The Town of Southold shall immediately be notified of any major occurrences such as bodily injury or structural damage to the Town 's Transfer Station . An Accident Report will be submitted to the Town within twenty-four (2q) hours containing the date, time, location, and complete description of all incidents . The offending B-L party or representative thereof shall also be recorded and required to sign the accident/damage report prior to departing the Town of Southold Transfer Station . ' All accident and/or damage reports will be included in reports to the Town . ' 5 .4 NYSDEC Part 360 Permit to Operate The Town of Southold operates the Transfer Station under ' a New York State Department of Environmental Conservation (NYSDEC) Part 360 Permit to Operate. A copy of NYSDEC Permit is included as Appendix B . ' 6 .0 HAUL SERVICES For construction material and/or demolition debris Haul- Disposal Services Agreement, the following haul services will include the tasks, responsibilities and performance required as outlined herein. ' 6 . 1 Work Included The Contractor shall provide the following major essential services or equipment and any other non- specified items, without limitations, to maintain a reliable haul services operation in a manner that will ' meet the needs of the Town of Southold . Management and operation of a fleet to ' accommodate the transport of construction material and/or demolition debris from the Town. Transfer Station to Disposal Site(5) in accordance with all local , state, ' and federal regulations. " Financial liability and maintenance ' responsibility of transport equipment, i .e . , dump trailers, transfer trailers bulk material containers, vehicles, personnel and services for open-top loading construction material and/or demolition debris hauling activities . ' Coordination of haul services with disposal services . 6 .2 Equipment The Contractor shall provide reliable refuse handling and other essential ancillary equipment, along with personnel to operate and maintain a reliable haul services system B-S ' In a manner that will satisfy the needs of the Town of Southold . The minimum level of haul services equipment acceptable to the Town to support the haul operation . includes open-top trailers and bulk material containers . The Contractor will supply additional open-top trailers and containers, etc . ' The Contractor must assure the Town that an adequate reserve supply of equipment exists to haul and dispose of the daily and seasonal construction material and/or ' demolition debris including unpredictable surges or delays due to inclement weather and that transport equipment storage requirements will meet the Town of ' Southold Transfer Station requirements . Each bidder is therefore responsible for familiarizing itself with the Town of Southold Transfer Station site, construction material and/or demolition debris, etc . , to assure equipment compatibility . Transport equipment may be open-top bulk material ' containers, dump trailers, roll-off containers or open- top transfer trailers, provided that all such equipment is suitable for convenient loading given existing configurations of the Town of Southold Transfer Station . ' Transport equipment shall be; 1) Registered with the State of New York Department of Motor Vehicles or ' equivalent agency; 2) designed to preclude spillage of waste; 3) loaded within their design capacity and New York State Department of Transportation regulations; q) ' well maintained in good working order . Corroded, defective, bent, deformed or punctured trailers, roll-off boxes, or other containers of waste materials shall not be utilized at any time. Suitable covers shall be provided and used while transporting construction material and/or demolition ' debris in open-top transport equipment . The bidder shall clearly indicate the quantity and type of transport equipment/vehicles it plans to use, their availability date, state of repair, and that such units ' are compatible with the Town of Southold Transfer Station scales and New York State DOT regulations, United States Department of Transportation, as defined in the Code of Federal Regulations, or equivalent . The Contractor will promptly remove from use any transport equipment/vehicle that does not conform with these requirements and replace ' it with an acceptable unit . The Contractor shall maintain its own off-site maintenance shop facilities for servicing the transport B-6 equipment and vehicle fleet , unless it elects to subcontract For these services . No major maintenance may be done at the Town of Southold Transfer Station site . ' 6 .3 Weighings The Town of Southold will provide certified weighing at the Town of Southold Transfer Station . The Contractor ' will accept these weights For invoicing purposes . All weights will be generated on current certified weigh scales . Weights will be used for informational purposes ' only , NOT FOR BILLING PURPOSES . 6.1f Routing Mode - Contractor 's Responsibility ' Contractor will have the right to select the route(s) for travel from the Town of Southold Transfer Station to the Disposal Site(s) . Contractor warrants and guarantees ' that, in selecting and utilizing such route(s) , Contractor will insure that it is not violating any applicable motor vehicle height (overpass clearance) , ' motor vehicle weight restrictions, local ordinances or Interstate Commerce Commission regulations . Contractor will indemnify and hold the Town harmless From any claims, fines and other damages assessed upon or incurred ' by the Town as a result of any violations of applicable restrictions or regulations relating to the routes traveled by the Contractor . ' 7 .0 DISPOSAL SERVICES PROGRAM ACTIVITIES ' For construction material and/or demolition debris Haul- Disposal Service Agreement, the Following disposal services will include the tasks, responsibilities and performance requirements as outlined herein . ' 7 . 1 Work Included ' The Contractor shall provide the Following major essential services or equipment and any other non- specified items, without limitations, to maintain a reliable disposal services operation in a manner that will meet the needs of the Town of Southold . Liability insurance, performance and payment ' bonds . Safety equipment . ' 7 .2 Operational Capacity The bidder shall identify in its proposal , the Following information: ' B-7 ' Disposal Site capacity . ' G Flexibility of Disposal Site capacity to allow for seasonal variances in waste generation and sufficient to permit service ' in the tonnages bid. " Hours and days of the week that the ' designated Disposal Site will be open for receiving construction material and/or demolition debris from the Town of Southold, including weekends, holidays and ' special closure periods. 7 .3 Permit Requirements Throughout the term of Agreement that may result from this Bid Solicitation, the Contractor must maintain all ' current and valid local , state and federal permits, licenses, or other authorizations, (either temporary and permanent) which are required by law to receive construction material and/or demolition debris at any and ' all Disposal Sites designated by the bidder . Because of the varying terms of Disposal Site permits, it is possible that a permit will expire during the term of Agreement . The responsibility of obtaining and/or renewing a permit to operate is solely upon the ' Contractor . In the event a Contractor fails to maintain or obtain any necessary current and valid local , state and federal permits, licenses, or other authorizations, allowing the lawful use of its designated Disposal Site then the Contractor will be solely responsible for obtaining the utilization of an alternate Disposal Site at no additional cost to the Town including any additional hauling cost because of the location of the alternate Disposal Site . Under no circumstances shall such a change in Disposal Site or failure or inability to obtain permits by the Contractor be considered a change in conditions . In the event the Contractor is unable to ' find an alternate Disposal Site, it shall be deemed to be in default of the Agreement and liable for damages, bonds forfeitures and other expenses as provided in the Agreement . In the event the individual and/or entity submitting a bid in response to this bid solicitation is not the individual and/or entity named as the permit holder on B-8 ' any necessary current and valid local , state or federal permits, licenses or other authorizations, required by law to receive construction material and/or demolition debris at any disposal site designated by the bidder or any alternate disposal site, the bidder is required to provide satisfactory evidence to the Town of Southold of ' a binding contractual relationship between the bidder and the permit holder which provides the bidder with the irrevocable right to utilize the disposal site during the term of Agreement, or portion thereof, in a manner which is in complete compliance with this bid solicitation and the bidder's bid submission . The agreement between the bidder and the permit holder shall include provisions that: 1 . Provide Town with the right to discuss ' operational matters with the permit holder whenever necessary . Z . Require the permit holder to comply with ' directives of the Town which are consistent with and pursuant to the Agreement which shall result from this bid solicitation . ' 7 .3 . 1 Disposal Sites Inside State of New York The Contractor 's construction material and/or demolition debris Disposal Sites, if located within the State of New York, must be in compliance with all State of New York Department of Environmental Conservation 's and U .S . ' Environmental Protection Agency regulatory requirements, e .g . , 6NYCRR Part 360, Resource Conservation Recovery Act (RCRA) , Environmental Protection Agency - Subtitle D, et al . The Disposal Site must have valid construction and ' operating permits in accordance with all applicable laws in the ,jurisdiction in which it is located . It shall be permitted to accept Town of Southold construction ' material and/or demolition debris without violating applicable law . It shall meet the design, construction and operating requirements of all applicable laws in the ' ,jurisdiction where the disposal site is operating . Disposal alternatives will be considered as long as they comply with all the above governing regulatory ' requirements and environmental standards . The use of Disposal Sites shall be subject to the approval of the Town of Southold based upon review of information ' submitted with the bid describing in detail the nature of the disposal process and other information reasonably requested by the Town. No Disposal Site shall be acceptable unless it poses no significant threat to the B-9 ' environment and its design, construction and operation complies with all applicable laws . 7 .3 .2 Disposal Sites Outside State of New York The Contractor 's Disposal Sites, if located outside the State of New York must be in compliance with all the ' applicable local , state and federal laws and regulations and U .S . Environmental Protection Agency regulatory requirements, e .g . Resource Conservation Recovery Act ' (RCRA) , Environmental Protection Agency -Subtitle O, et al . The Disposal Sites must have valid construction and operation permits in accordance with all applicable laws in the ,jurisdiction in which it is located . It shall be ' permitted to accept Town of Southold construction material and/or demolition debris without violating applicable law . It shall meet the design, construction ' and operating requirements of all applicable laws in the jurisdiction where the disposal site is operating . Bidder must clearly specify their intended disposal ' alternatives and support same with copies of appropriate experience, site location, permits, agreements et al . , as outlined in this bid solicitation . The use of construction material and/or demolition debris Disposal Sites shall be subject to the approval of the Town of Southold based upon review of information submitted with the bid describing in detail the nature of the disposal process and other information reasonably requested by the Town . The Contractor shall be solely and completely responsible for any and all liability relative to contractor 's failure to dispose of construction material and/or demolition debris at an approved site . ' 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 CPL 91-596) and Section 107, Agreement Work Hours and Safety Standards Act CPL 91-54) . Specific consideration shall ' be given, but not limited to, the following major areas: a . Maintenance safety procedures - guards and ' shields on dynamic equipment, guards, railings, electrical lockouts, vehicle wheelblocks, audio vehicle backup alarms, vehicle wheel chocks, etc . ' b . Employee safety orientation, education, teaching, first-aid training, cardiopulmonary ' resuscitation, etc . B-10 ' C . Noise and dust control earP rotection ' respirators, hardhats, safety shields, glasses, protective clothing, sanitary facilities, etc . d . Fire and explosion preventions, control , ' equipment (fire blankets, extinguishers, first aid, hoses, etc . ) and personnel escape alternatives . e . Traffic flow control patterns . F . Accident or injury reporting system (the Town shall receive copies of all reports and immediate verbal notification) . g . Employee health safeguards . h . Mechanic 's lien safeguard against work ' interference . The Contractor shall comply with all local , state and federal regulations, laws and statutes which apply to the ' work and to safety in particular . The Contractor shall comply with New York State ' Department of Labor current requirements . The Contractor shall be solely and completely responsible For operational safety during performance of the ' Agreement . The obligation exists twenty-four (2`t) hours a day , each and every day throughout the term of the Agreement . ' The Town of Southold shall not have any responsibility for means, methods, sequences or techniques selected by the Contractor for safety precautions and programs, or For any failure to comply with laws, rules, regulations, ordinances, codes or orders applicable to the Contractor Furnishing and performing the services under the term of ' the Agreement . 9 .0 OPERATIONS AND PROCEDURES The Contractor will be required , prior to commencement of operations, to provide the following operational plans to the Town for review and acceptance . Revisions, modifications, and updates shall be forwarded to the Town throughout the term of the Agreement . ' B-11 Organization personnel and structure, showing the ' chain of command, names and telephone numbers and staffing requirements . Operations plan - shifts, hours, etc . Safety , disaster, and emergency procedures . Transportation plan, including available transport equipment, vehicle fleet and reserve capabilities . Inclement Weather Plan - This shall describe the bidder 's plan should inclement weather alter normal daily operations as described in the bidder 's operations plan . The inclement weather plan shall include hauling operations and disposal operations . The bidder 's means of assessing inclement weather conditions (weather and road conditions) , method of reporting to the Town and the alternatives shall be described . ' 9 . 1 Supporting Data In the event the Town requires any information in support of Town held licenses and permits at the Town, County , State and Federal level , the Contractor will be required to furnish all licenses, permits and inspection reports ' regarding equipment and disposal sites which may be required by Town, County , State or Federal law . In the event the Contractor requires any information in ' support of Contractor held licenses and permits at the Town, County , State and Federal level , the Town will cooperate in furnishing such information as it applies to ' the Southold Town operations . Operating (hauling and disposal ) records shall be considered essential to the operation . The Contractor ' -shall keep these data in an organized fashion that allows For easy retrieval and analysis . The Town, or its designee, may upon 21t hours notice inspect the Contractor 's records . Such records shall be kept available by Contractor for a period of two (2) years after termination of this Agreement . In the event the Town requires additional information for reporting purposes, the Contractor will supply same . The Town, or its designee, may call upon the Contractor at ' anytime for an oral review of any technical matter . The Contractor shall file and update the following ' information as specified herein . B-12 Items Due Haul Equipment (Schedule H) as changes occur Haul Accident Report (Appendix C) on occurrence ' Disposal Accident Reports on occurrence Licenses , Permits and Inspection Reports on occurrence ' Part 360 Permit . as changes occur All Bid Information Schedules as changes occur ' B-13 1 SECTION C CONTRACTOR BID FORM ' SECTION C TOWN OF SOUTHOLD CONSTRUCTION MATERIAL AND/OR DEMOLITION DEBRIS HAUL-DISPOSAL SERVICES ' CONTRACTOR BID FORM 1 .0 INTENT ' The undersigned hereby recognizes that these documents are complementary and are intended to provide for ' uniformity in bid evaluations . The formal Agreements resulting from this Bid Solicitation shall be in a form provided by the Town. ' These documents are intended to depict complete construction material and/or demolition debris Haul- Disposal Services Agreement and therefore any discrepancies contained in the documents, or the omission from the documents of express reference to any work which obviously was intended under the Agreement, shall not excuse or relieve the Bidder from furnishing the same . No oral statement shall in any manner or degree modify or otherwise affect the terms of the Agreement . Work or materials described in words which have a well known technical or trade meaning, shall be interpreted by such meaning . ' 2 .0 GENERAL BID STATEMENT TO: TOWN OF SOUTHOLD ' STATE OF NEW YORK 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 ' Gentlemen: The Undersigned Bidder has carefully examined the forms ' and content of the Bid Solicitation, including notice to bidders, bid bond, sample operating agreement, performance bond, certificates of insurance, general conditions, bid specifications, and addenda, has familiarized itself with the sites of work, and hereby proposes to furnish all necessary services, permits, labor, materials, equipment, vehicles, and tools required to perform and complete the work in strict accordance with all of the bid documents written by or on behalf of the Town of Southold for this project . The undersigned Bidder agrees to abide by all conditions stated, intended, or implied both particularly and generally by the terms of this Bid Solicitation, the Agreement to be provided C-1 by the Town, and the unit price Bid herein stated . 1 . The Undersigned Bidder also agrees as follows: ' FIRST: If this bid is accepted, to execute the Agreement and furnish to the Town a satisfactory performance bond, and insurance all within ten (10) ' calendar days . SECOND: To begin construction material and/or demolition debris Haul-Disposal Services operations on the commencement date of any Agreement awarded hereunder, having completed all necessary prior ' preparations of operational planning, personnel hiring, equipment procurement, subcontractor contractual agreements, and ancillary facilities, etc . , to assure a smooth and orderly acceptance of ' these duties . THIRD: To pay the Town any and all damages it may ' incur as a result of the Contractor 's failure to perform all acts necessary to the execution of the Agreement as provided in the Bid Solicitation . ' It is recognized and agreed that the Town has the unconditional right to utilize the funds provided by the bid bond posted by the Bidder as a means of ' obtaining indemnification or payment of such damages . ' FOURTH : During the performance of this Agreement , the Contractor hereby agrees as follows: a . The Contractor shall not discriminate against ' any employee or applicant for employment because of age, race, creed, color, sex, marital status, national origin, physical ' disability , and shall take affirmative action to ensure that they are afforded equal employment opportunities without discrimination ' because of age, race, creed, color, sex, marital status, national origin or physical disability . Such action shall be taken with reference, but not be limited to: recruitment, ' employment , ,fob assignment , promotion, upgrading , demotion, transfer, layoff, or termination, rates of pay , or other forms of compensation, and selection for training or retraining , including apprenticeship and on- the-fob training . C-2 ' b . The Contractor shall comply with the provisions OF Sections 290 through 301 of the Executive Law, shall furnish all information and reports ' deemed necessary by the State Commission for Human Rights under these nondiscrimination clauses and such sections of the Executive Law, ' and shall permit access to his books, records, and accounts by the State Commission for Human Rights, the Attorney General , and the Industrial Commissioner for purposes of ' investigation to ascertain compliance with these nondiscrimination clauses and such sections of the Executive Law and Civil Rights ' Law . c . This Agreement may be forthwith cancelled, terminated, or suspended, in whole or in part, ' by the Town upon the basis of a finding made by the State Commission for Human Rights that the Contractor has not complied with these ' nondiscrimination clauses, and the Contractor may be declared ineligible for future Agreements made by or on behalf of the state or ' public authority or agency of the state, until he satisfies to the State Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions ' of these nondiscrimination clauses . Such findings shall be made by the State Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these nondiscrimination clauses and after verified complaint has been filed with the Commission, notice thereof has been ' given to the Contractor, and an opportunity has been afforded to him to be heard publicly before three members of the Commission . Such ' sanctions may be imposed and remedies invoked independently or in addition to sanctions and remedies otherwise provided by law. ' d . No laborer, workman or mechanic in the employ of the Contractor or subcontractor shall be permitted or required to work more than eight ' hours in any one calendar day , or more than Five days in any one week except as otherwise provided in Labor Code Section 220 . ' e. The Contractor shall include the provisions of clauses (a) through (e) in every subcontract or purchase order in such a manner that such C-3 ' provisions will be binding upon each subcontractor or vendor as to operations to be performed within the State of New York . The ' Contractor will take such action in enforcing such provisions of such subcontract or purchase order as the Town may direct, including sanctions or remedies . FIFTH: By submission of this bid, the Bidder and each person signing on behalf of any Bidder certifies, and in case of a ,point bid each party thereto certifies as to its own organization, under penalty of perjury that to the best of his ' knowledge and belief: a . The prices in this bid have been arrived at independently without collusion, consultation, ' communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder ' or with any competitor. b . Unless otherwise required by law, the prices which have been quoted in this bid have not ' been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly to any other ' Bidder or to any competitor . c . No attempt has been made nor will be made by ' the Bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. ' 2. The undersigned also declares that it has or they have carefully examined the Bid Solicitation ' requirements and sample operating agreement and that it has or they have personally inspected the actual location of work, together with the local sources of supply , has or have satisfied itself or ' themselves as to all the quantities and conditions, and waives all rights to claim any misunderstanding, omissions or errors regarding the ' same which such inspection and observation would have disclosed . The undersigned further understands and agrees that it is or they are to furnish and provide in return For the respective Evaluation Unit Bid Price, all the necessary materials, machinery , vehicles, C-Lt ' Implements, tools, labor services, and other items of whatever nature, and to do and perform all work necessary under the aforesaid conditions, to ' complete operations of the aforementioned construction material and/or demolition debris Haul-Disposal Services operations in accordance with the Bid Solicitation requirements, ' which requirements are a part of this response, and that it or they will accept in full compensation therefore, the compensation provided for in Section C-3 . 3 . The undersigned submits herewith a bid guaranty ' within the form provided by the applicable bid documents in the amount of $100,000.00 for any option or combination thereof . In the event this proposal is accepted, and the undersigned fails, within ten (10) calendar days after date of receipt of Notice of Award from the Town to execute and deliver an Agreement in the form provided by the ' Town or fails to execute and deliver evidence of proper insurance coverage and performance bond in the amounts required and in the prescribed form within ten (10) days after Notice of Award, the bid ' guaranty shall be forfeited and be retained by the Town toward the satisfaction of liquidated damages and not as a penalty . Otherwise, the total amount ' of bid guaranty will be returned to the Bidder . 'l . The undersigned acknowledges the receipt of the following addenda, but it agrees that it is bound by all addenda whether or not listed herein and whether or not actually received, it being the Bidder 's responsibility to receive and have ' knowledge of all addenda . ' ADDENDUM NUMBER AND DATES Number 1 Dated: ' Number 2 - Dated: Number 3 - Dated: __ tNumber q - Dated: Number 5 - Dated: t5 . The Bidder has completed the Contract Bid Form and Unit Price Bid Schedules in both words and numerals ' in accordance with these bid requirements . C-5 3 .0 UNIT PRICE BID SCHEDULE CONSTRUCTION MATERIAL AND/OR DEMOLITION DEBRIS HAUL- DISPOSAL SERVICES SOUTHOLD TOWN, NEW YORK 3 . 1 COMPENSATION ' The undersigned hereby submits the following price bid to furnish construction material and/or demolition debris Haul- Disposal Services, to Southold Town, New York for the terms; July ' 10, 1994 through July 9, 1999 . HAUL-DISPOSAL SERVICES ' The Haul-Disposal Service Applicable Unit price per cubic yard for agreement year 199'1-1995 is ' dollars and _—_—_ cents ($— _ ) . CC1) ' The Haul-Disposal Service Applicable Unit price per cubic yard for agreement year 1995-1996 is _— dollars and cents ($ --------- CC2) The Haul-Disposal Service applicable unit price per cubic yard for agreement year 1996-1997 is ' dollars and —__ — cents ($ _ _ __) . (C3) The Haul-Disposal Service applicable unit price per cubic yard for agreement year 1997-1996 is ---------------- dollars and -------------- cents C$--------------------) . (C'i) ' The Haul-Disposal Service applicable unit price per cubic yard for agreement year 1998-1999 is —______-_- ' dollars and cents C� ) . (CS) C-6 ' 3 . 2 EVALUATION UNIT B I D PRICE; FORNULr) ' Evaluation Unit Bid Price= CC16,OOOcu/yd+(C2)16, OOOcu/yd+(C3)16, 000cu/yd+ .5(C4)16, 000cu/yd+ .5(CS)16, 000 cu/yd 6q, 000 cubic yards — — Evaluation Unit Bid Price =$____—_ The evaluation unit bid price formula is designed to evaluate years four and five at .5 the evaluate of each of the first three (3) years . Bidder _— Firm-Corporation Address Authorized Representative Date C-7 't .0 BID SECURITY ACKNOWLEDGEMENT ' I have attached the required bid security to this bid . 5 .0 INFORMATION SCHEDULES ' I agree to furnish and include the following information schedules in addition to the information submitted with this proposal , as a part of this bid: A . Certification that the Bidder does not currently owe taxes, or other outstanding funds, or have pending or is currently involved in any litigation involving the Town of Southold, State of New York (Schedule A, attached hereto) . ' B . Location and address of the Bidder 's main office and the main office of parent companies (if applicable) and Certified Statements of Ownership ' (Schedule B, attached hereto) . C . Identification of Surety Company and its Agent, and written certification from the Surety verifying the bond specified herein will be provided (Schedule C, attached hereto) . D . Identification of all currently registered parent bidding subsidiary corporate officers, and their addresses, and identification and certification of offices authorized to execute an Agreement on behalf of the firm (Schedule D, attached hereto) . E . Detailed financial statement for the Bidder, and if applicable, for parent companies (Schedule E, attached hereto) . ' F . Statement of Bidder 's Qualifications and related experiences (Schedule F, attached hereto) . G . Subcontractors - (Schedule G, attached hereto) . H . Equipment - (Schedule H, attached hereto) . ' I . Maximum Specified Capacity - (Schedule I , Attached hereto) . ' C-8 J . Information on Bidder 's construction and/or demolition debris Disposal Site(s) (Schedule J, attached hereto) . K . Form of Bid Bond (Schedule K, attached hereto) . L . Performance Bond (Schedule L, attached hereto) . ' M . Non-collusive Bid Certificate (Schedule M, attached hereto) . Dated: -- — ----- ------ Name of Bidder: Address of Bidder: —_ __—_--- Signature Title ' Corporate Seal ( If a Corporation) Incorporated under the laws of the State of _--_-- _-- Names and addresses of officers of the corporation: (President) Name — Address -------------------------------------------------------------- (Secretary) Name Address ------------------------------------------------------------- (Treasurer) Name Address ' ( IF an individual or partnership) Names and addresses of all principals or partners ----------------------------------- -- -------------- -------------------------- -------- C-9 1 1 i INFORMATION SCHEDULE A 1 Town of Southold Bid Project C&D Haul-Disposal Services 1 1 This Bidder _ — herein certifies that as a (Bidder 's legal name) Bidder, it does not currently owe delinquent taxes or other 1 outstanding funds, or having pending or currently involved in any 1 litigation involving the Town of Southold, State of New York. 1 Name of Bidder: By : Date: (Authorized Signature) i 1 i NOTE: (1) If blank not applicable, fill in with N/A 1 (2) If bidder owes the Town taxes or is involved in any litigation, a statement of explanation will be attached hereto . i 1 i Tax/Litigation Certification Schedule S .O .A BID (PROPOSAL) FORM 1 INFORMATION SCHEDULE B ' Town of Southold Bid Project C&D Haul-Disposal Services The following is information on the undersigned Bidder 's office locations: Bidder 's Parent Bidder 's Main Office Corporation Main Office Manager 's Name (Contact) Manager 's Name (Contact) Firm's Legal Name Parent Firm 's Legal Name Street Address (Box Numbers) Street Address (Box Numbers) City State Zip City State Zip Telephone Number Telephone Number ' The Bidder herein certifies that the --- ---- --------- Firm ' is partially/wholly owned subsidiary of Parent Firm ' This _ _ —__ is owned Parent Firm By.....----- ----------- ---------------------- ' or is a public/private stock corporation . Bidder Office Locations/Ownership Schedule S .O .B ' Certification Page 1 of 2 BID (PROPOSAL) FORM ' INFORMATION SCHEDULE B - (Continued) ' Name of Bidder: By : Date: ' Note: (1) Any attachments or modifications to this form shall be labeled Schedule 5.0 .B, and be property integrated into the Bid Form. ' (2) If blank not applicable, fill in with N/A ' Bidder Office Location/Ownership Schedule 5.0 .B Certification Page 2 of 2 ' BID (PROPOSAL) FORM ' INFORNATION SCHEDULE C Town of Southold Bid Project ' C&D Haul-Disposal Services tThis is identification that will be the Surety Company for ' the Bidder, on this project and that the named Surety Company ' herein provides written certification that the named Surety Company will provide the Performance Bond, specified in the ' Contract Documents, in the event the Bidder enters into an Agreement with the Town . The Surety Company herein certifies ' that such Company is licensed to do business in the State of New York . ----- --(L .S . ) ' Principal (Seal) ' Surety Company By — - Surety Verification Schedule 5.0.0 BID (PROPOSAL) FORK 1 INFORMATION SCHEDULE O Town of Southold Bid Project C&D Haul-Disposal Services The Bidder herein certifies that the below named individuals are the current registered corporate officers, along with their current permanent addresses, and designates their authority to execute an Agreement on behalf of the firm Officer's Name Officer 's Name Subsidiary Parent Corporate Title Corporate Title Address Address ' City City State, Zip — _ State, Zip ' Officer 's Name— Officer 's Name__—_ Subsidiary Parent Corporate Title Corporate Title — Address — Address City City ' State, Zip _ —_— _ State, Zip _ tOfficer 's Name--_ __ _ Officer 's Name __-- Subsidiary Parent Corporate Title _ Corporate Title _— Address --- Address_-- — — City__ ------------- City - - State, Zip__ State, Zip— _ ' Current n Corporate Officers Schedule 5.0 .0 C p BID (PROPOSAL) FORM Page 1 of 2 ' INFORMATION SCHEDULE D - (Continued) Officer 's Name Officer 's Name_v__Y_ Subsidiary Parent Corporate Title Corporate Title Address Address City City State, Zip_ _ State, Zip_ Name of Bidder: ' Corporate By : Seal Date _ ' NOTE: If blank not applicable, fill in with N/A Current Corporate OFFIcer Schedule 5 .0 .D ' BID (PROPOSAL) FORM Page 2 of 2 INFORMATION SCHEDULE E ' Town of Southold Bid Project C&D Haul-Disposal Services STATEMENT OF BIDDER'S FINANCIAL CONDITION 1 , This Bidder agrees to provide for any subsidiary and parent ' firm, and hereto attaches a current or the most recent Audited financial Statement(s) including as a minimum the firms opinions, notes, revenue/expense statements, ' conditions of cash, etc . The attached statement provided includes: Accounting Firm Name_ Address�� ' Financial Period_ To Statement Date ' 2 . The bidder certifies that he currently has an available line of credit in the amount of $ A supporting documentary evidence attached to this form is supplied by : Name ' Address Date 3 . The undersigned Bidder certifies to the validity of statement and agrees to furnish any other information upon ' request that may be required by the Town of Southold, New York . Bidder 's Financial Condition Schedule S .O.E ' BID (PROPOSAL) FORM Page 1 of 2 ' INFORMATION SCHEDULE E - (continued) '1 . The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by Town of Southold, New York in verification of the firms financial condition . Dated at This day of N+, 1994 Name of Bidder ' v Title ' State of New York, County of being duly sworn deposes and says that he ' is of Title Name of Organization and that the answers to the foregoing questions and all statement therein contained are true and correct . ' Sworn to me this day of 19911 . Notary Public ' My Commission expires _ NOTE: (1) (Bidder may submit additional information if ' desired as Schedule E attachments . ) (2) If blank not applicable, fill in with N/A Bidder 's Financial Condition Schedule 5.0.E ' BID (PROPOSAL) FORM Page 2 of 2 ' INFORMATION SCHEDULE F Town of Southold Bid Project C&D Haul-Disposal Services The Bidder herein certifies that it is qualified to perform the ' work covered by this proposal , and that it is not acting as a broker on the behalf of others . To substantiate these ' qualifications, the Bidder offers the following related information and references in order that the Town may evaluate the Bidder 's qualifications and experience . ' 1 . Bidder's Legal Name: — 2 . Business Address: ' Street ' City State — Zip 3 . State incorporated: Year incorp . ' Lt . New York State; Business License No . : - 5. No . years in contracting business under above name: --yrs . ' 6 . Has firm ever defaulted on a contract? Yes No ' 7 . Gross Value - work under current contract: 8 . Number of Current Contracts: ' 9 . Brief description general work performed by firm: Qualifications Summary Schedule 5 .0.F ' BID (PROPOSAL) FORM Page 1 of q ' INFORMATION SCHEDULE F - (Continued) 10 . Has firm ever failed to complete work awarded? Yes No ' If yes, attach support statement as to circumstances . 11 . Related Experience Reference (within previous S years) ' 11 . 1 Project Title: ' Owner 's Name: Address: ' Engineer: Address: _ ' Project Initial Start Date: — ' Project Acceptance Date: - Initial Bid Value: $ Final Complete Project Value: $ _ Brief Project Description: 11 .2 Project Title: _____ ' Owner 's Name: Address: Engineer: — ------------- ---- -------- ----- Address: Project Initial Start Date: ' Project Acceptance Date: Qualifications Summary Schedule 5.0.F ' BID (PROPOSAL) FORM Page 2 of 4 ' INFORMATION SCHEDULE F - (Continued) Initial Bid Value: $ ' Final Complete Project Value: $ _ Brief Project Description: 11 .3 Project Title: — _ ' Owner 's Name: _ Address: ' Engineer: — — ' Address: Project Initial Start Date: _-- ' Project Acceptance Date: _— Initial Bid Value: $ ' Final Complete Project Value: $_ ' Brief Project Description: Qualificaticn5 Summary Schedule 5 .0 .F ' BID (PROPOSAL) FORM Page 3 of q INFORMATION SCHEDULE F - (Continued) 12 . Principal Firm Members ' Background/Experience C3 members ' minimum) . Attach current resumes as Schedule S.O .F supplement or give concise description by individual . Name of Bidder: ' By : Date: (Authorized Signature) NOTE: Any supplemental attachments or modifications to this Form shall be labeled Schedule S .O .F, and shall be properly integrated into this Bid Form . ' If blank not applicable, fill in with N/A Qualifications Summary Schedule 5 .0 .F B I D (PROPOSAL) FORM Page If of `t INFORMATION SCHEDULE G Town of Southold Bid Project ' C&D Haul-Disposal Services ' The Bidder hereby states that it proposes, if awarded an Agreement to use the following haul subcontractors on this project . ' Subcontractor/ Contract Trade/ Individual Address Phone # Specialties 1 . 2 . — — -- 3 . 6 . -------- ---------- -- - 7 . ------------- ---- ----- B . -------- ----------- ------- --- — 9 . 10 . ' Name of Bidder: ' By : ----------- --- Date_ (Authorized Signature) NOTE: If blank not applicable, fill in with N/A Subcontractors Schedule S .O .G ' BID (PROPOSAL) FORM ' INFORMATION SCHEDULE H Town of Southold Bid Project ' C&D Haul-Disposal Services ' The Bidder states that it owns the following pieces of equipment that are available for use on the project, if awarded the agreement . ' Proposed Current Equipment Item Project Use Equipment Location — — — ' Name of Bidder: By = ----------------- - Date: ------- , NOTE: Any supplemental attachments or modifications to this Form shall be labeled Schedule S .O .H and shall be properly integrated into the Bid Form . ' If blank not applicable, fill in with N/A ' Construction Equipment Schedule S .O .H BID (PROPOSAL) FORM INFORMATION SCHEDULE I Town of Southold Bid Project C&D Haul-Disposal Services The Bidder hereby states that it will be prepared to dispose of up to the following Maximum Specified Yearly Capacities in cubic yards of Town of Southold construction material and/or demolition debris if awarded an Agreement ' Contract Year Maximum Cubic Yards per Contract Year ' 1994-1995 1995-1996 ' 1996-1997 1997-1998 1998-1999 Name of Bidder: By ------ --------- Date: -------- — - Maximum Specified Capacity Schedule 5 .0 . I ' BID (PROPOSAL) FORM INFORMATION SCHEDULE J Town of Southold Bid Project C&D Haul-Disposal Services ' NOTE: IF A BIDDER INTENDS TO UTILIZE MORE THAN ONE DISPOSAL SITE, AN INFORMATION SCHEDULE J MUST BE COMPLETED FOR EACH DISPOSAL SITE . The following is information on the undersigned Bidder 's Disposal Site: I . GENERAL A . Disposal Site Location Name: ' Address: ------------------- --- ---------- ------ ' Phone: ' B . Disposal Site mailing address Cif different than I ) Address: II . CURRENT OPERATIONS A . Operations Permit ' 1 . Permittee: 2 . No . : --------------------- 3 . State: 11 . Date of Issue: 5 . Date of Expiration: 6 . Copy Enclosed: Yes: No: ______ Bidder Disposal Site(s) Schedule 5 .0 .J BID (PROPOSAL) FORM Page 1 of 7 INFORMATION SCHEDULE J - (Continued) ' B . Hours of Operations 1 . What are the PERMITTED operating hours? ' DAY A.M . P .M . Monday _ _ to ' Tuesday to Wednesday to Thursday to ' Friday --_-� to Saturday to Sunday _ to ' 2 . Are there any PERMITTED closure periods stipulated? ' 3 . What are the ACTUAL operating hours? DAY A .M . P .M . ' Monday ___— to Tuesday ______ to t Wednesday =____= to Thursday to Friday _y—_ to ' Saturday =- - to - — Sunday to If . What holiday or other period is the Disposal Site ' typically closed? DAY YES NO ' New Year 's to Memorial to Independence to ' Labor to Thanksgiving to Christmas _ to ' Other (Specify)_—_— to Bidder Disposal Site(s) Schedule 5 .O .J BID (PROPOSAL) FORM Page 2 of 7 ' INFORMATION SCHEDULE J - (continued) S . Will the ACTUAL operating hours in Question II .B .3 ' be extended up to the PERMITTED operating hours in Question II .B . 1 in order to accommodate Town of Southold construction material and/or demolition ' debris? Yes_---- NO----- ' 6 . Are there any local agreements, ordinances, etc . Which would prohibit extending to the TUAL operating hours in Question II .B .3 up ' PERMITTED operating hours in Question II .B . 1 .? No What is the PERMITTED annual capacity in cubic yards? 1995--------- 1996----------------- 1997--------------- ' 1998----------------- D . At the PERMITTED levels in Question II .C . , what is the projected useful life in years? ' ----------- —---—-------------—--------------- E . What is the annual RECEIVING level today?-------- - Bidder Disposal SiteSchedule 5 .© .Js) page 3 of 7 ' BID (PROPOSAL) FORMS INFORMATION SCHE,DUL,E i - (Continued- ) F . At the RECEIVING levels in Question II .E . , what is the ' projected useful life in years? G . How much of the RECEIVING level in Question II .E . is ' committed to under contract in cubic yards? 1994 1995 ---------- - --- 1996 1997 1998 --------- ----- H . Does the Disposal Site have special waste restrictions t for: Gate Yes No Fee C$) 1 . Asbestos Z . Wastewater Treatment Sludge 3 . Hazardous baste Bidder Disposal Site(s) Schedule S .O .J BID (PROPOSAL) FORM Page 4 of 7 INFORMATION SCHEDULE J - (Continued) I . Are there any existing Agreements with local municipalities which prohibit: ' Item Yes No 1 . Routing to site -- 2 . Weight limits between state roads and site t3 . Number of vehicles If . Vehicle size 5 . C&D importation --_ outside ,jurisdictional area ' 6. Host Community Benefits ' III . EXPANSION PLANS A . Application Permit 1 . Permittee: 2 . No . : ' 3 . State: ' `f . Date of Submission: S . Copy Enclosed: Yes — No ' 6 . Submission Status: a . Expansion of current site or new site ------------------------------------- b . Local Citizenry reaction__—___—____— C . Regulatory-agency___ ---__—_ — ' Bidder Disposal Site(s) Schedule S .O .J BID (PROPOSAL) FORM Page 5 of 7 INFORMATION SCHEDULE J - (Continued) ' d . Litigation ' e . Likelihood to succeed ------------ ' B . If you are successful in Question III .A . , what is the additional annual DESIGN capacity in cubic yards (do not include figures from Question II .C . )? ' 199't ------------- 1995 1996 ' 1997 1998 C . At the annual DESIGN levels in Question III .B . , what would be the projected useful life in years? --------------------------------------------- ------------------------------------------------------- D . Mould you be willing to share with the Town of Southold engineering reports utilized for the preparation of the ' Operating Permits on Expansion Application? Yes ------- No --------- ' E . Bidder 's Disposal Site(s) Engineer of Record Firm 's Name Firm 's Address Project Engineer r Bidder Disposal Site(s) Schedule S .O .J BID (PROPOSAL) FORA Page 6 of 7 ' INFORMATION SCHEDULE J - (Continued) ' IU . ATTACHMENTS Attach copies of all permits required of the disposal ' site(s) and a copy of the agreement, performance bond and insurance between bidder and permit holder to use the disposal site(s) during the term of this Agreement . ' Are you willing to meet with the Town of Southold to discuss your short and long term disposal capabilities? Yes -No - ' The undersigned hereby certifies that services, material , or equipment to be furnished as a result of this bid will be in full accordance with Town of Southold specifications applying thereto unless exceptions are indicated above and an explanation ' attached . Bidding Company ' Address City — State Zip By - — ' (Please Print or Type) NAME AND TITLE— Signature ' Phone No. --__--- Date CORPORATE SEAL — ' Bidder Oisposel Site s) Schedule 5 .0 .J BID (PROPOSAL) FORM Page 7 of 7 ' INFORMATION SCHEDULE K FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, ' as Principal, and as Surety, are hereby held and firmly bound unto as Owner in the sum of for the payment of which, will and truly be made, we hereby ,jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns . Signed this day of ' 19 The condition of the above obligation is such that whereas the Principal has submitted to the Town of Southold a certain Bid, ' attached hereto and hereby made a part hereof to enter into a contract in writing, for the hauling and disposal of construction material and/or demolition debris; NOW, THEREFORE, (a) If said Bid shall be rejected or in the alternate, ' (b) If said Bid shall be accepted, and the Principal shall execute and deliver an Agreement in the form of the Sample Operating Agreement attached hereto (properly ' completed in accordance with said Bid) and shall furnish certificates of insurance and a bond for this faithful performance of said Agreement, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be ' void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims ' hereunder shall , in no event, exceed the penal amount of this obligation as herein stated . Form of Bid Bond Schedule S .O .K BID (PROPOSAL) FORM Page 1 of 3 ' The Surety , for value received, 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 1 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 . (L .S . ) Principal ' Surety By _ ' Address of Surety: SEAL ' (ACKNOWLEDGEMENT BY CONTRACTOR, IF A CORPORATION) ' STATE OF: ) COUNTY ) SSN: ' On this day of 19 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 Schedule 5 .O .K BID (PROPOSAL) FORM Page 2 of 3 1 i 1 1 CACKNOWLEDGMENT BY CONTRACTOR, IF A PARTNERSHIP) STATE OF: ) 1 COUNTY OF: ) SSN: On this day of 19__, before me 1 personally came �, to me known, and known to me to be a member of the firm of and known to me to be an individual described in, and who executed the foregoing instrument in the firm name OF , and he duly acknowledged to me that he executed the same for and in the behalf of said firm for the uses 1 and purposes mentioned therein . Notary Public 1 (ACKNOWLEDGEMENT BY INDIVIDUAL CONTRACTOR) ' STATE OF: ) COUNTY ) SSN: On this day of 19 before me personally came _ _ _ _ to me known and known to be the person described in and who executed the foregoing 1 instrument and duly acknowledged that he executed the same . Notary Public i i 1 1 1 Form of Bid Bond Schedule S.O.K BID (PROPOSAL) FORM Page 3 of 3 1 INFORMATION SCHEDULE L PERFORMANCE BOND ' Bond No . KNOW ALL MEN BY THESE PRESENTS, that ' (hereinafter called the "principal" ) and (hereinafter called the "Surety") are held and firmly bound to the Town of Southold (hereinafter called the "Owner") in the full and gust sum of dollars ($ ) good and lawful money of the United States of America, for the payment of which sum of money , well and truly to be made and done, the ' Principal binds himself, his heirs, executors, administrators and assigns and the Surety binds itself, its successors and assigns, Jointly and severally, firmly by these presents . ' WHEREAS, the Principal has entered into a certain written Agreement bearing date on the day of , 1994, with the Owner for the Town of ' Southold construction material and/or demolition debris Haul- Disposal Services, a copy of which Agreement is annexed to and hereby made part of this bond as though herein set forth in full . ' NOW, THEREFORE, the conditions of this obligation are such that if the Principal , his or its representatives or assigns, shall well and faithfully comply with and perform all the terms, ' covenants and conditions of said Agreement or his (their, its) part to be kept and performed and all modifications, amendments, additions and alterations thereto that may hereafter be made, ' according to the true intent and meaning of said Agreement, and shall fully indemnify and save harmless the Owner from all cost and damage which it may suffer by reason of failure so to do, and shall fully reimburse and repay the Owner for all outlay and expense which the Owner may incur in making good any such default, and shall protect the said Owner against, and pay any and all amounts, damages, costs and ,judgments which may or shall ' be recovered against said Owner or its officers or agents or which the said Owner may be called upon to pay to any person or corporation by reason of any damages arising or growing out of ' the doing of said work, or the repair of maintenance thereof, or the manner of doing the same, or the neglect of the said Principal , or his (their, its) agents or servants or the improper performance of the said work by the said Principal , or his (their, its) agents or servants, or the infringement of any patent or patent rights by reason of the use of any materials Furnished or work_ done as aforesaid or otherwise, then this ' obligation shall be null and void, otherwise to remain in full Force and effect; ' Performance Bond Schedule 5 .O .L BID (PROPOSAL) FORM Page 1 of 2 PROVIDED HOWEVER, the Surety , for value received, hereby stipulates and agrees, if requested to do so by the Owner, to fully perform and complete the work mentioned and described in said Agreement, pursuant to the terms, conditions, and covenants thereof, if for any cause the Principal fails or neglects to so Fully perform and complete such work and the Surety further ' agrees to commence such work of completion within ten (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 for the completion thereof; and further PROVIDED HOWEVER, the Surety, for value received, for itself and its successors and assigns, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by an extension of time, modification, work ' to be performed thereunder, or by any payment thereunder before the time required herein, or by any waiver of any provisions thereof, or by any assignment, subletting or other transfer of any work to be performed or any monies due or to become due thereunder; and said Surety does hereby waive notice of any and all of such extensions, modifications, omissions, additions, changes, payments, waivers, assignments, subcontracts and transfers, and hereby expressly stipulates and agrees that any ' and all things done and omitted to be done by and in relation to assignees, subcontractors, and other transferees shall have the same effect as to said Surety as though done or omitted to be ' done by or in relation to said Principal . IN WI?NESS 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 199'1 . ' Principal CIF Corporation add Seal and Attestation) By : Attest ' --�— Add Corporate Seal By : Surety— ' Attest Address of Surety _ Performance Bond Schedule S.O .L BID (PROPOSAL) FORK Page 2 of 2 INFORMATION SCHEDULE M ' NON-COLLUSIVE BID CERTIFICATE ' The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted ' without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and ' the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belied, by any of its ' employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. ' (Signed) ' (Corporate Title) — (if any) ' Bid on ' Non-Collusive Certificate Schedule 5 .0.M BID (PROPOSAL) FORM ' APPENDIX A Sample Operating Agreement THIS AGREEMENT, made on the -- day of 1994, by and between the Town of Southold, a municipal corporation of the State of New York having its ' principal place of business at 53095 Main Road, Southold, New York hereinafter called the "Town" and hereinafter called the "Contractor . ' W I T N E S S E T H: WHEREAS, Contractor has submitted to the Town a bid dated— 199q ( "Bid" ) in response to the Town's Bid ' Solicitation for Hauling-Disposal Services dated _—___, C"Solicitation" ) ; and WHEREAS, the Town Board of the Town of Southold by ' resolution # adopted on , authorized the Town Supervisor to enter into an agreement with the Contractor to perform certain services in connection with the handling of construction material and/or ' demolition debris, NOW, THEREFORE, it is mutually covenanted and agreed by and between the parties hereto as follows: I . DEFINITIONS - Terms defined in the Bid Solicitation shall have the same meaning as if defined herein . ' II . SCOPE OF SERVICES The Contractor shall perform the services in accordance with the description of those services as set forth in ' APPENDIX A-1 the Solicitation . III . TERM OF AGREEMENT ' The term of this Agreement shall be Three (3) years commencing on July 10, 1991f . If the Town enters into an ' intermunicipal C&D haul/disposal agreement the Town may terminate the agreement at any time during Agreement years two (2) and ' three (3) by giving six (6) months written notice to the Contractor . The Town, at its sole discretion, shall have the ' option of renewing the Agreement for two (2) additional one (1) year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the ' term . IV . PRICE SCHEDULE/COMPENSATION ' The unit bid price schedule for the services to be ' furnished by Contractor is Found in Section C - 3 . 1 , 3 .2 . , Contractor 's bid which is incorporated into this Agreement . ' V . PAYMENTS A . The Contractor shall receive monthly payments ' for services performed during the prior calendar month . The ' Contractor shall -submit a request for payment on a Town approved voucher form along with Contractor 's invoice which shall include a daily summary of cubic yardage hauled by Contractor to a Disposal Site and disposed by Contractor at a Disposal 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 owning to Contractor any ' APPENDIX A-2 1 1 sums expended by the Town to cure any default or other Agreement 1 non-compliance by Contractor or to protect the Town from loss on 1 account of any claims filed or reasonably anticipated to be Filed . 1 VI . CONTRACTOR 'S WARRANTIES AND REPRESENTATIONS Contractor makes the following warranties and ' representations: A. Contractor represents that the Town has made 1 no commitment under this Agreement with respect to the volume of 1 construction material and/or demolition debris to be handled by Contractor during the term of this Agreement . 1 B . Contractor warrants that Contractor shall comply with all federal , state and local laws, ordinances or 1 regulations applicable to all of the services to be performed by 1 Contractor . C . Contractor represents that the information 1 furnished by Contractor in the equipment schedules included in the bid is accurate and complete and Contractor acknowledges that 1 Town has relied upon the accuracy and completeness of that 1 information in .the selection of Contractor as the lowest responsible bidder . ' D . The Contractor represents that Contractor shall utilize its best efforts to insure that Minority and Women ' Owned Businesses (MBE 's and WBE 's) have the opportunity to ' participate as subcontractors under this Agreement . In the event the contractor subcontracts twenty-five percent (25%) or more of ' APPENDIX A-3 ' its work hereunder, Contractor shall submit to the Town an MBE ' and a WBE Utilization Plan, prior to execution of this Agreement . E . In the event the Contractor's Disposal Site is unable to receive and dispose of the Town 's construction material and/or demolition debris for any reason (including failure to obtain or maintain necessary permits or licenses) , ' Contractor shall be responsible for providing to the Town an alternate Disposal Site for the Town's use at no additional cost ' to the Town, and shall indemnify the Town against any additional hauling cost by the Town or its agent because of the location of ' the alternate Disposal Site . Under no circumstances shall a ' change in Disposal Site(s) or failure or inability to obtain or maintain necessary permits by the Contractor be considered a ' change in conditions . In the event the Contractor is unable to Find an alternate Disposal Site(s) , he shall be deemed to be in ' default of this Agreement and liable for damages, bond Forfeitures and other expenses as provided in the Agreement . VII . INDEMNIFICATION INSURANCE/BONDS ' A . Contractor agrees to defend, indemnify and save harmless the Town of Southold against any and all liability , ' loss, damage, detriment, suit, claim, demand, cost, charge, attorney 's fees and expenses of what ever kind or nature which ' the Town may directly or indirectly incur, suffer or be required ' to pay by reason of or in consequence of the Contractor carrying out or performing under the terms of this Agreement, or failure ' to carry out any of the provisions, duties, services or APPENDIX A-'t 1 r 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 robligation shall be ongoing, shall survive the term of this Agreement and include, but not be limited to, claims concerning - environmental impairments. non sudden envir rThe Contractor shall ,loin in the commencement of any action or proceeding or in the defense of any action or proceeding which in the opinion of the Town constitutes actual or ' threatened interference or interruption with the Town's rights hereunder, including all appeals which, in the opinion of the rTown, may be necessary . B . Contractor shall procure and maintain the insurance described in Section A of the Solicitation for a period commencing on the date of this Agreement and terminating no rearlier 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 rState of New York and acceptable to the Town and shall include all riders and additional coverage necessary to insure that Contractor will be financially able to meet its obligations under APPENDIX A-S r the foregoing indemnification . C . Contractor shall , for the period of the performance of services hereunder, maintain a Performance Bond in the amount of five hundred thousand ($500,000 .00) dollars wherein named obligee is Town of Southold . The Bond shall be in a form acceptable to the Town Attorney and issued by a surety licensed to do business in New York as a surety . VIII . FORCE NAJEURE If either party is delayed or prevented from fulfilling any of its obligations under this Agreement due to any act, event or condition, whether affecting the Town, the Contractor, the Disposal Site or any of the Town's or the Contractor 's respective subcontractors or suppliers, to the extent that it materially and adversely affects the ability of either party to perform any obligation hereunder (except for payment obligations) , and if such act, event or condition is beyond the reasonable control and is not also the result of the willful or negligent action, inaction, or fault of the party relying thereon as ,justification for not performing an obligation or complying with any condition required of such party under the Agreement, the time for fulfilling that obligation shall be extended day-by-day for the period of the uncontrollable circumstance; provided, however, that the contesting in good Faith or the failure in good faith to contest such action or in action shall not be construed as willful or negligent action or a lack of reasonable diligence of either party . Subject to the APPENDIX A-6 Foregoing, such acts or events shall include the following: (1) an act of God (but not including reasonably anticipated weather conditions for the geographic area of the Town or Disposal Site) , hurricane, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy , extortion, war, blockade or insurrection, riot or civil disturbance; (2) the failure of any appropriate federal , 1 state, county , town or local public agency or private utility having ,jurisdiction in the areas in which the Transfer Station or Disposal Site is located to provide and maintain utilities, services, water and sewer lines and power transmission lines which are required for the operation or maintenance of the Transfer Station or Disposal Site; (3) governmental pre-emption of materials or services in connection with a public emergency or any condemnation or other taking by eminent domain of any portion of the Transfer Station or Disposal Site; and (q) the presence of hazardous waste upon, beneath or migrating from the Transfer Station . It is specifically understood that none of the Following acts or conditions shall constitute uncontrollable ' circumstances: (a) general economic conditions, interest or inflation rates, or currency fluctuations; (b) the financial condition of the Town, the Contractor, any of its affiliates or any subcontractor; (c) union work rules, requirements or demands APPENDIX A-7 1 which have the effect of increasing the number of employees employed otherwise increase the cost to the Contractor of operating its haul operation or the Disposal Site (d) equipment ' failure; (e) any impact of prevailing wage law, customs or practices on the Contractor 's costs; Cf) any act, event or ' circumstance occurring outside of the United States, or (g) any change in law or in the permit conditions or status of the Transfer Station Disposal Site or alternate Disposal Site . 1 IX . SUBCONTRACTS Contractor shall not enter into any subcontracts ' in connection with the services to be performed by Contractor hereunder without the prior written approval by the town of such subcontracts . All such subcontracts shall make express reference to the terms and conditions of this Agreement and shall obligate the subcontractor to comply with all applicable federal , state and local laws, ordinances or regulations relating to the 1 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 MAGE RATES Contractor agrees to comply with the provisions of 1 the New York State Labor Law relating to the payment of prevailing wage rates to the extent applicable, or the applicable State Law in the state of disposal . In the event that at any time during performance under this Agreement the Contractor is APPENDIX A-8 • � '�t ` 41 ab6 a required to increase the wages paid to any of its employees as a result of such requirement, all costs resulting there from shall be borne exclusively by Contractor . XI . FORCED ACCOUNTING In the event the Town directs the Contractor, by written authorization signed either by the Town Supervisor or Town 's Solid Taste Coordinator, to perform additional services beyond the scope of those described in this Agreement, the Contractor shall be compensated for such additional services on ' the Following basis: TOTAL COMPENSATION FOR ADDITIONAL SERVICES = DIRECT LABOR COST + DIRECT MATERIAL COST + OVERHEAD + PROFIT For the purposes of this Section: A . DIRECT LABOR COST shall include hourly wages, including overtime premiums actually paid plus the following fringe benefits associated with those wages - group medical , group life insurance, pensions, FICA, uniforms, safety equipment or special tools . These fringe benefits shall be separately identified and shall not duplicate fringe benefits paid in connection with work performed within the scope of the Agreement . B . DIRECT MATERIAL COST shall be those costs actually paid by Contractor for materials utilized by Contractor in performance of the additional services . The costs for such ' materials shall not include sales tax for any materials which constitute personal property incorporated into the structures, APPENDIX A-9 buildings, or real property of the Town since such personal ' property is exempt from taxation under Section 1115 of the New York State Tax Law . C . OVERHEAD shall be 10% of the total of the Direct Labor Costs and the Direct Material Costs . iD . PROFIT shall be 5% of the total of the Direct ' Labor Costs, the Direct Material Costs and the Overhead . XII . CONTRACTOR 'S OPERATIONS AND PROCEDURES REPORTS Contractor will provide the operating plan and supporting data listed in Sections A and B of the Solicitation to the Town for review and acceptance . Contractor will update the ' plan as necessary and furnish copies of those updates to the Town . XIII . DEFAULT In the event the Contractor fails to perform its obligations under the Agreement, the Town may terminate the 1 Agreement, procure the services from other sources and hold the Contractor responsible for any costs incurred . The Town also may deduct such costs from payments owing to the Contractor and/or draw upon the Performance Bond as full or partial reimbursement For such excess costs . The Town reserves the right to terminate the Agreement for gust cause . XIV . SERVICE AGREEMENT The Contractor shall be obligated to provide the Town with disposal services without regard to the permit status of its Disposal Site . In the event that Contractor submits a Bid APPENDIX A-10 1 Pof-- a iii§po5al Site for which Contractor doee not currently have all necessary federal and state permits, or which after the acceptance of the Bid loses its permitted status, Contractor shall , at its sole risk and expense, be responsible for obtaining and/or renewing its permits or providing the Town an alternate Disposal Site at no additional cost (disposal plus any additional hauling) to the Town . The parties agree that this is a full service Agreement and failure of the Contractor to provide the identified Disposal Site or acceptable alternative Disposal Site, on or after the commencement date shall constitute a breach of this Agreement . The Contractor accordingly shall not be excused ' from its obligations hereunder by reason of any failure to obtain or maintain its permits at the identified Disposal Site . XV . LIMITATION OF FUNDS The Contractor agrees that this Agreement shall be deemed executory only to the extent of the funds currently 1 available for the purposes of this Agreement and that the Town incurs no liability beyond those available by authorization of the Town Board as of the date of this Agreement . XVI . DISPUTES/ARBITRATION Any disputes between the parties to this Agreement may be referred to arbitration by mutual agreement of the parties . Absent such an agreement, any actions or claims by ' either party hereto shall be commenced in Supreme Court, Suffolk County , New York . 1 In the event the parties agree to arbitrate a APPENDIX A-11 dispute, such arbitration shall be conducted in accordance with the rules of the American Arbitration Association . In no event shall any demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitations . An award rendered by arbitrators following any such 1 arbitration shall be final and ,judgment may be entered upon it in accordance with applicable law in any court having ,jurisdiction thereof . XVII . MISCELLANEOUS A . This Agreement shall be governed by the laws 1 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 . iC . 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: 1 . This Agreement; APPENDIX A-12 phi Z . Exhibits hereto; 3 . The Solicitation including Appendices; Lt . 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 be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement and this Agreement shall be enforced as if such invalid and unenforceable provision had ' not been contained herein . H . Contractor agrees that it shall not discriminate APPENDIX A-13 r r and that it shall cause there to be no discrimination against any ' employee who is employed in the work, or against any applicant For such employment, because of race, religion, color, sex, age, ' marital status, handicap or national origin in any manner ' prohibited by the laws of the United States or of the State of New York . These requirements shall include, but not be limited ' to, the following: employment; upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training . XVIII . NOTICES All notices required to be given hereunder shall be made in writing by first class mail addressed as follows: 1 1 r • . r 1 i APPENDIX A-lq 1 rr t If to the Town: Supervisor of the Town of Southold Town Hall 53095 Main Road Southold, New York 11971 ' With a copy to: Solid Waste Coordinator ' Town of Southold 53095 Main Road Southold, New York 11971 If to the Contractor: With a Copy to: IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written TOWN OF SOUTHOLD Thomas H . Wickham Supervisor r t APPENDIX A-15 i APPENDIX B ' New York State Department of Environmental Conservation Permit (Temporary) r- u; OCT E2 '93 1E; _4 r-I-S Erw.r_r;�� , N&W Yot4t Skazo f3 c�rt�c. E . ; L-s� AC.� T&,. ;=n a.r�tttc:lertta; Contiervation FAC.,IYfzZ,r: (5,�) 44y-6373 October 8, 1993 Thomet C.Jading �1 ^_'ter sr�•n�- rr� COM"Ifoulaner FrankJIslerEsq. Smith, Fink;Ictoin, Lu;,sherg, Sslor &nd YakabosY_i 456 Grifting Avenue P.O. BOX 389 Riverhead, New York 11901 Rcr Topa Of 3=thold Transtar Station Fao 2;ty Ia ntificaticn Na. 32 T 92 Dear MY'. Idler: Purcuen+• to I11(2) oP the Se t of •Deputy Co=iss_L" . F omber .4, 1991 Decision and order Department hr-,eb Ed.,ard G,Sul-1. 'DEC Pic. 1-4020, the station at t Y aPN.cves a )eraticz" of the tem the C`-�t-^hc;ue ni« perary transfer effective Saturday, 4e for $ ane y6ar period of time station has been r Gc` nd 9, ?993: Ccnstructi on of said transfor car.....:fcci by the Town Engineering Inspa!�tor, fames ' ,�ic$tsr, today, t?c:.ober . 6 r 1993 . opar!!Etion a at the fZcilit • i Engineering Re:cr* S w_I_ ba tis detailr�d ir► the prepared by Dvirka & Sartijucci date? Ssptcmha,�• 1993, and -it. ac?ditic..1 the. Towh Must comply with tho fallowin oPeryting conditiono: ' g : 1. ,) 'row must comply kith 6 NYCR.IR Subparts .360-•1 Provi;;ia;�a) Mr.,; 350-11 (General (ef_ectivice October 9, 1993) , exc St atioa) of v' NYCRR Part 33.P0 t.113 authorization 'Inc the „ except . as ape of m.)dined by rprcved Engineering Report and Plans. 2. The Town. shall riet store 72 hours r�cw the tiAe Of accc tcae Of at the facility mora than ' F�-a:�ce of such was tc�. 3. The Towl, shell ta�C� nli s nuise,nceu suer as bic�,�ig P,'-Para,P,'-Para,P,'-Para, vecte neG�gsary steps to . cors, dust and cdors. ntrol 4 . The Town 16- nzA'hv_i�zdt' i-o c , hou�e of 7: 00 a.m. to erwte the +- p•�=• r &FjV:?i2 7 from the. ( ) .days per wee:{. — .taci .r r, r celving at t2ji_c facility ha�c+-dflusc va:�ta as defined :n t; NYCRR °^ Wada as defined in E NY�_P p�, NYCRR art 371 or. racrillz:t�ad r� .364. Medical adv�n>re� WritIrg b_� the Ec�gional Approval roust t in Soni... Waste Engin arae},.oraec$ non-hczardous i:.dustrial wast ` .. dC . the facility. f. PoCI•lt-I1ranciI'ar:M:liatfflumi:-7-7j •��Goa:. i 'Da 98 1 0r 2. r / OCT 08 '93 16:1C MYS UIV.Cois. i P.5 't 1 l Frank Isler, Esq. Rat ' sora racil.{.t, 7d6n`eif!caki0;1 Ro, 52 T 92 (Cont'd.') ' October 8, 1953 Thin kut:torizat'.cn if; conditioned uvon th:e Town's strict - ' acheren,ig to tha ccs di.tiona a� outlined abo•vo and fail.ur•a to do so may result in c :evcch4ion of this au-horizat::on. V�d?^3 f �„i Yo �II RK?v�. co EN P.E. Regional Director EEC/r:Ec/cm Eno. 2 of 3. g a:naeLhot y10c1893ca A ' 1 APPENDIX C Town of Southold Accident Report i 1 1 1 1 i 1 1 TOWN OF SOUTHOLD ' ACCIDENT REPORT Date of Accident: / / Time of Accident AM/PM Oral Report By : To: ' Date: /_ / Time: AM/PM Location of Accident: Brief Description of Accident: _— Check if continued on separate sheet Action Taken: Additional Action Required & By Whom: — Date of this Report: --/ /__— By : Department: _— ' ANY POLICE REPORT PREPARED REGARDING THIS ACCIDENT MUST BE ATTACHED . Forward Accident Report to Solid Taste Coordinator Southold Town Solid Waste District P .O . Box 962 Cutchogue, New York 11935 APPENDIX - C APPENDIX D Town of Southold SWMP (Executive Summary) S.0 SUMMARY r This is a Summary of the update to the Solid Waste Management Plan (SWMP) for the Town of Southold. The Town's initial draft SWMP was adopted by the Town Board on ' September 25, 1990, and a final SWMP on January 22, 1991. Since the adoption of the SWMP, there have been a number of changes in solid waste management in Southold and on ' Long Island. The update to the SWMP has been necessitated by several factors, including changes in solid waste generation, recycling initiatives, regulatory constraints, and available capacity at other solid waste facilities combined with changes in the cost of out-of-Town ' handling and processing by the private sector. These factors have resulted in a change in the Town's preferred processing alternative for the residual waste remaining after ' reduction, reuse, and recycling. ' S.1 Town Setting The Town of Southold is a rural town of approximately 54 square miles located in eastern Suffolk County on Long Island. It is bordered by the Peconic Bays and Gardiners Bay to the south, and the Long Island Sound to the north. The Town, along with the Town ' of Riverhead to the west, comprises the North Fork of the "East End" of Long Island. It also includes the Hamlet of Fishers Island, a small island community covering approximately four square miles. ' The Town supports a large agricultural community, as-well as a seasonal tourist population and a number of weekend/part-time residents. Of the various communities in the Town, the larger residential areas are primarily located in Southold, Cutchogue, ' Greenport, and Mattituck. The Town possesses diverse ecological resources including beaches, bays, estuaries, lakes, freshwater and tidal wetlands, and the upland environment. These resources are the result of natural physiology and existing development patterns, and are important for their preservational, social, aesthetic, and recreational value. The Town comprises 5.3% of Suffolk County's land area, but only 1.5% of the County's population. The largest single land use in the Town is vacant land (40%), while ' 6168R/4 1027 S-1 ' the second largest land use is agricultural land (25%). Other land use such as residential, commercial, and industrial account for much of the remaining land. S.2 Current Solid Waste Management The Town owns and operates a solid waste complex on County Road 48 - Middle ' Road in Cutchogue that receives most of the municipal solid waste generated and disposed of in the Town. This includes waste from residential, commercial, institutional, and agricultural sources. The solid waste complex consists of an inactive landfill that ceased ' operations on October 8, 1993, a multi-material residential recycling drop-off area, a bi-level multimaterial recycling area for deliveries by carters, a collection center, a ' permanent household hazardous waste storage facility, a yard waste composting operation, temporary transfer operations for garbage, rubbish, C&D debris and concrete, and a holding area for household appliances and tires awaiting transfer to processing facilities. On October 8, 1993 the Town ceased landfilling operations and implemented a State authorized temporary transfer operations for garbage, rubbish, C&D debris, and concrete. The temporary transfer operations are expected to be in.place for the 6 to 12 month 'i period needed to permit, construct and start-up a new permanent transfer station. A Part 360 Engineering Report and Permit Application for the new permanent transfer station describes the design features and operations of the proposed facility. Concurrent with the temporary transfer operations on October 9, 1993 the Town initiated a special bag program for residential garbage. Residential garbage must be placed into special bags to be accepted at the Town's solid waste complex. Residents who drop off garbage and carters that collect garbage from noncommercial customers can deliver only the special bags to the Town for disposal by the transfer operations. ' Commercial waste can be charged by weight and does not need to be placed in the bags. Recyclable materials are prohibited from being placed in the special bags. It is anticipated that over the long-term the cost of the bag will encourage waste reduction and increase recovery of recyclable materials. ' The Town's recycling program has been in effect at the solid waste complex for several years and has been steadily increasing in scope. Use of the recyclables collection ' center is free. The materials included in the recycling effort are: 6168R/4 1027 S-2 o Newspaper o Plastic containers o Major household appliances o Metal containers o Bulk Metals o Household hazardous waste o Clear glass o Waste oil o Leaves ' o Green glass a Old clothes o Brush o Brown glass o Batteries o Wood chips ' o Tires o Mixed Paper (other than cardboard) o Cardboard In accordance with its solid waste management planning efforts, the Town has implemented a mandatory curbside recyclable collection program for those residents whose solid waste is collected by carters. Residents that' use carters are required to separate green, brown, and clear glass, plastic (ILU= #I and-42), tin and aluminum (commingled), newspaper, and cardboard. Collection of recyclables from customers is currently performed once every other week. Collection by Town permitted carters is provided for residential, commercial, institutional, and industrial customers on an individual contract basis. Commercial, institutional, and industrial waste generators can also deliver their own wastes to the ' landfill provided they are permitted by the Town. Residents may also drop off their wastes at the solid waste complex with a permit. It is estimated that approximately 107 tons per day of municipal solid waste was generated in the Town in 1992. This volume is based o 119 cale house data from the solid waste complex and includes recyclables. Future waste stream projections have been formulated based on the 1992 data and weighted population estimates through the year ' 2015, and are as follows: Year Tons per day Tons per year ' 1989 123 44,895 1992-- 107.7 39,313 ' 1995 126.6 46,194 2000 134.2 48,995 2005 144.1 52,583 2010 154.4 56,364 2015 165.3 60,348 ' 6168R/4 1027 S_3 i . ' The 1989 data is presented to illustrate the effect that waste reduction, recycling and reuse efforts have had in the Town of Southold during the last few years. There has been an approximately 13% decrease in the municipal solid waste received at the complex (including recyclables) since 1989. An identification of the major categories of the waste stream received at the solid ' waste complex has been conducted as part of the planning effort, and is presented below by percent of weight for the major component categories of the waste stream. Waste Category % By Weight Household garbage 37.0 Construction and demolition debris 17.0 Sand/sod 3.3 Concrete 1.0 ' Rubbish 6.7 Scrap Metal 1.5 Land clearing 4.1 ' Brush 10.9 Leaves/mulch/grass 9.2 Agricultural debris 1.6 Household Recyclables 5.0 Other (includes sludge, tires, <2.4 shellfish debris, woodchips, waste oil and batteries) ' TOTAL 100% In addition, a compositional analysis of the material components performed in 1989 ' was updated to reflect the 1992 household waste stream. This breakdown is as follows: ' Waste Composition % by Weight Paper 29.09 Plastics 6.54 Food 10.53' Ferrous Metals 6.88 Nonferrous Metals 1.28 Batteries 0.06 Glass 5.41 Wood 5.08 Rubber 2.11 ' Dirt and Fines 3.74 Yard Waste 20.41 Bulky Waste 3.36 ' Misc. 5.08 TOTAL 100%* *Totals may not add to exactly 100% due to rounding. 6168R/4 1027 S-4 S.3 Alternatives In formulating the Town's original Plan (final SWMP January 1991), a number of alternative processing methods and implementation alternatives had been evaluated. The alternatives have been reconsidered in terms of environmental soundness, applicability, effectiveness and cost, and are presented in this SWMP update. They include: ' o Waste Reduction o Land ClearingDebris Recycling cycling o Household Hazardous Waste o Waste-to-Energy Reduction/Recovery ' Removal o Municipal Solid Waste Composting o Materials Recycling o Landfill Disposal o Agricultural and Yard Waste o Clean Fill Disposal ' Composting o Methods of Processing/Disposal of o Construction and Demolition Other Wastes Debris (C&D) Recycling Although the State has set a goal of 50% reduction, reuse, and recycling as a benchmark for resource recovery systems, it has been concluded as part of the updated ' plan that, given the characteristics of its waste stream, the Town could target a reduction/reuse/recycling (including composting) goal that will exceed the State's goal. ilk The alternatives that were previously evaluated in the original SWMP for long-term processing or disposal of the residual portion of the waste stream were: ' o Continued landfilling o Use of a new, double-lined Town landfill adjacent to existing landfill o Processing at the Brookhaven composting-energy recovery facility (has not been implemented) ' ' o Processing at Huntington energy recovery facility o Processing at Babylon energy recovery facility o Processing at an in-Town mixed solid waste (MSW) composting facilityno longer a viable alternative) ' o Yard waste exchange arrangement with a town having an energy recovery facility (re-evaluated this past year with the towns of Huntington/Smithtown) ' o Private sector processing/disposal (including possible use of Hempstead's existing energy recovery facility and recently proposed private sector facilities) ' o Long haul to another facility (component of temporary transfer operations) 6168R/4 ' 1027 S-5 S.4 Description of Proposed Plan Based upon a reconsideration of the analysis of alternatives conducted for the ' Town's initial SWMP, the updated SWMP for the Town is also expected to result in the effective management of the Town's solid waste in an environmentally sound, cost-effective manner that reflects the social and economic characteristics of the Town, ' particularly with regard to its rural nature as a farming community with a relatively small population. The updated SWMP retains the "resource recovery system" contained in the initial SWMP, and expects that the system could effectively dispose of more than 50% of the Town's total waste stream through elements of reduction, reuse, recycling, household hazardous waste removal, and yard waste composting. However, this updated SWMP includes new recommendations for the disposal of the residual waste through the transfer of this portion of the waste stream to existing permitted processing/disposal facilities with sufficient available capacity. ' 5.4.1 Proposed Resource Recovery System As with the initial SWMP, this updated Plan contains a number of elements comprising a resource recovery system that could reduce/recycle/reuse more than 50% of ' the total waste stream. The resource recovery system includes waste reduction, intensive household and commercial/institutional recycling, major household appliances recycling, tire recycling, household hazardous waste recovery, construction and demolition debris ' recycling, and composting of yard waste that includes leaves, brush and land clearing debris. The specific materials addressed in the updated SWMP's resource recovery system ' include: o Newspaper o Nonferrous Metals o Magazines o Three Colors of Glass o Corrugated/Brown Bags o Wood and Lumber o Other Paperboard o Asphalt ' o Office Paper o Concrete/Brick o PET, HDPE o Tires and Other Plastics o Dirt ' o Yard Wastes o Textiles o Sand/Sod o Household Hazardous Wastes o Ferrous Metals o Batteries (Vehicle and Household) The following sections describe the components of the Town's resource recovery system. ' 6168R/4 . 1027 S-6 Waste Reduction Waste reduction refers to the reduction of solid waste prior to disposal. This is an important consideration since it may affect the sizing or magnitude of individual ' operations and facilities. Reduction of the volume of waste could be achieved through Town support of legislation and other initiatives that aim to encourage residential, ' commercial, industrial, and institutional establishments to reduce waste generation at the source or point of packaging. This would effectively reduce the volume of waste that the Town would need to make provisions for with regard to collection, processing, disposal, administration, and financing. ' Regarding the legislative aspects of waste reduction, the Town will continue to support laws proposed by the County, State, and Federal governments that strive to: o Reduce the volume and type of packaging materials, especially those constituted of plastics which are essentially nonbiodegradable, nonreusable, and nonrecyclable o Expand the current beverage container deposit law to include a wider array of containers o Encourage greater use of recycled materials, or products packaged in recycled or recyclable materials o Promote the development of household hazardous waste removal programs ' o Assist and encourage industrial, commercial, and institutional generators to undertake reduction and recycling programs o Assist and encourage homeowners to undertake backyard composting and to ' leave grass clippings on the lawn The Town will continue to support legislative efforts to establish deposits on batteries as a means of reducing the concentration of metals in various products and residues of solid° waste processing. Batteries constitute an easily removable source of potential contamination from the waste stream. ' In addition to legislative actions, all sectors of the Town (public, commercial, industrial, and institutional establishments) will be encouraged by the Town to reduce ' 6168R/4 1027 S-7 the generation of waste which would ultimately become the responsibility of the Town to handle and dispose. This can be accomplished through local and regional public education programs coordinated by the State. For example, homeowners and landscapers will be encouraged to reuse grass clippings, leaves, and chipped brush as compost and mulch ton-site rather than bagging and disposing these materials at a solid waste management facility. Residents will be encouraged to leave grass clippings on the lawn and consideration ' will be given to excluding grass from the Town solid waste complex. The special bag program makes it economically desirable for residents not to dispose of grass at the solid waste complex. The Town's new special bag program is an economic incentive program that has been used successfully by other communities in reducing the amount of waste going to ultimate disposal facilities. This program has been in place since October 9, 1993 and is an important component of the Town's resource recovery system in terms of waste reduction and financing of the transfer operations. The NYSDEC estimates that implementation of statewide and local waste reduction efforts, along with continued and expanded voluntary programs and other legislative ' actions, could reduce solid waste generation by approximately 8% to 10%. This estimate is contained in the State's 1987 Solid Waste Management Plan (and updates) as a statewide ' goal and is incorporated as one of the goals of the Town's proposed Plan. It is estimated that over the long-term approximately 10% of the Town's waste stream would be reduced ' by this element of the proposed Plan. It should be noted that between 1989 and 1992, the Town's waste stream decreased by 13%. ' Household and Commercial/Institutional Recycling Program ' A comprehensive recycling program which would provide for the recovery and utilization of reusable "waste" resources is a major component of the updated SWMP. This ' includes a mandatory source separation program for recyclable materials generated in the residential, commercial, industrial, and institutional sectors of the Town, which is currently in operation. Recyclable materials are currently source separated and collected, or privately dropped off, in a segregated manner. ' 6168R/4 1027 S-8 • 0 The materials targeted for source separation, curbside collection, and marketing include paper (newspaper and corrugated cardboard), color segregated glass, tin and ' aluminum, plastics (PET and HDPE), and ferrous and nonferrous metal containers. Leaves, brush and land clearing debris are also source separated for the purpose of composting. In ' addition, separation should be required for construction and demolition debris, white goods (major household appliances), tires, and household hazardous waste. As previously discussed, commercial/industrial toxic or hazardous waste is currently regulated for proper handling and disposal by Federal and State law. These materials should not be handled by the Town and would be recycled or processed at private sector facilities. Recycling: Major Household Appliances ' As with the initialW ' S MP, the updated SWMP s resource recovery system ' recommends that discarded major household appliances (also referred to as "white goods") continue to be temporarily stockpiled and transferred on a regular basis to private ' recycling facilities. White goods, comprising approximately 1% of the waste stream, include discarded refrigerators, washing machines, dryers, stoves, etc. Depending on markets, it is possible that revenues could be generated from this material. Air Recycling: Tires ' It is recommended that a designated portion of the solid waste complex be used to ' temporarily stockpile tires for shipment to appropriate reprocessing or recycling facilities. The temporary stockpile operations should be sized to stockpile up to 1,000 tires at any given time. Using an assumed, generally accepted generation rate of one tire ' per person per year for the Town's population of 20,002, approximately 20,000 tires per year could require disposal. Alternatively, using an estimated factor for tires in the ' residential waste stream of 0.64 tons per day (based on 1990 scale house data), with an assumed weight of 25 pounds per tire, an average of approximately 19,000 tires per year ' would require proper disposal. Based on these estimates, it may be necessary to size a tire stockpile and transfer operation to handle between 19,000 and 20,000 tires per year. This would correspond to an average annual transfer arrangement of approximately 20 ' shipments per year (1,000 tires per shipment), or approximately one shipment every 2 and 1/2 weeks, with allowances for more frequent shipments during certain peak periods. r 6168R/4 ' 1027 S-9 • • There are private processing markets currently available that would accept the tires for recycling. Approximately 1% of the total waste stream is covered by this Plan element. ' Recycling: Household Hazardous Waste ' Successful and effective household hazardous waste removal programs, known by the acronym S.T.O.P. (Stop Throwing Out Pollutants), have been shown to be environmentally sound elements of solid waste management systems. A S.T.O.P. program allows for ' convenient and safe disposal of hazardous chemical wastes found in homes. Although household hazardous wastes typically comprise less than 1% of a municipality's total waste stream, the removal of these materials from the waste stream is important and it is recommended as part of the Town's updated SWMP. These wastes will continue to be removed from the waste stream to prevent them from entering, and potentially impacting, the environment. Removal of these wastes also reduces the risks and hazards associated ' with processing or disposing these wastes at solid waste management facilities. Continued operation of the Town's permanent S.T.O.P. program will provide residents with a continuous, environmentally safe disposal alternative for unwanted chemical products originating in the home. The daily operation provided by this ' permanent, full-time facility make participation in the S.T.O.P. program more convenient than periodically scheduled S.T.O.P. days. The permanent facility, centrally located in the ' Town, provides residents with a convenient drop-off site for these materials. For an area the size of Fishers Island, the development of a full-time S.T.O.P. program and permanent facility would be both impractical and unnecessary. Consequently, it is recommended that ' a minimum of two collection "events" per year be held on Fishers Island to remove this material from the waste stream. The S.T.O.P. program will allow for the collection of ' such household hazardous wastes as: ' o Adhesives o Paint Removers o Alcohol o Paint Thinners o Antifreeze o Pesticides o Brake Fluid o Petroleum Based Solvents o Charcoal Lighter Fluid o Photographic Chemicals and Supplies o Cleaning Solvents o Plant and Insect Spray o Degreasers o Pool Chemicals o Fertilizers o Solvents 1111114 ' 1027 5-10 o Gasoline o Spot Removers o Herbicides o Stain and Varnishes o Kerosene o Wood Preservatives o Paints ' The resource recovery system in the Town's updated SWMP recommends that the Town work toward implementing an extensive public awareness, participation, and education program designed to provide information on the importance of properly disposing hazardous materials and the procedures to be followed. ' The Town's S.T.O.P. program is consistent with the New York State Solid Waste Management Plan guidelines since it can effectively help reduce the quantity of hazardous wastes entering the waste stream. Additionally, the S.T.O.P. program is expected to increase environmental consciousness and encourage residents to segregate and recycle wastes rather than discard them. It is estimated that approximately 1% of the waste stream will be covered by this element. Recycling: Construction and Demolition Debris '`op The development, planning, permitting, and capital cost of a construction and demolition debris processing facility is still expected to be more cost-effective if it is handled by the private sector rather than the Town. Consequently, as with the initial SWMP it is recommended in the updated Plan that this waste no longer be accepted at Town disposal facilities, except on a temporary basis, the Town will provide the transfer service. The recycling/processing of this waste should become the responsibility of the private sector, as is the case in most Towns on Long Island. This would help to maximize the efficiency of recycling this material. Concrete, rocks, bricks, asphalt, lumber, and pallets are among the components of C&D debris that can be processed and recycled. It is ' estimated that approximately 15% of the waste stream is comprised of commercially generated construction and demolition debris that could be recovered by this Plan element. ' It is recommended that residentially (homeowner) generated clean material remain the responsibility of the Town for a three to five year period. Over the long-term, private recycling and disposal options are to be used by the generators of this waste. In the meantime, temporary transfer services to private sector facilities have been contracted by the Town under the state authorized temporary emergency transfer operations for these materials. t ' 6168R/4 1027 S-11 1 r Recycling: Yard Waste Composting According to the New York State Solid Waste Management Plan guidelines and the New York State Solid Waste Management Act, composting is one of a variety of methods to reduce the waste stream and promote recycling of resources. Accordingly, the Town's updated Plan recommends the expansion of the existing yard waste composting operation to accommodate all of the Town's leaves, brush, and as much of the land clearing debris as ' can be recovered for composting. The remainder of the land clearing debris would be handled by the private sector recovery efforts. The Town will continue to promote backyard and on-site composting of yard waste by homeowners and landscapers as a ' method of minimizing the required size of the Town's yard waste composting operation. ' Landscapers should be encouraged by the Town to maintain their own compost piles, or .perform this service on-site for their customers. Larger landscaping or land clearing operations should chip brush for ground cover and other uses. It is further recommended that the Town implement a public education program to increase the local demand for end products from both backyard and Town compost operations. Grass will not be composted by the Town; however, residents will be encouraged to Ieave grass clippings on the lawn or backyard compost this material. ' S.4.2 Proposed Residual Waste Management ' The recommended resource recovery system portion of the Plan discussed above is expected to effectively reduce/recycle/reuse (including ' composting) more than 50% of the Town's total waste stream, provided that relatively high participation rates are achieved and markets are available. The updated SWMP recommends private sector hauling and processing and/or disposal of the residual waste remaining after ' implementation of the proposed resource recovery system in multiyear stages with each stage preceded by a SWMP reanalysis and update to determine whether more cost-effective options are available. The Town will also continue to evaluate opportunities involving developing intermunicipal agreements. Approximately every five years, again ' depending on the nature of solid waste activities, costs, and other factors the Town will bid contracts(s) for private hauling/disposal services or enter into an intermunicipal agreement for disposal/processing of the Town's residual waste. ' 6168R/4 1027 S-12 ' APPENDIX E Town of Southold Solid Waste Profile 1 ! • 1 1 Southold Town Collection Center 1 1993 HIGHLIGHTS 1 ' Landfill Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 1 1 Recycling Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 2 S .T .O .P . Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 3 ' EXHIBITS Material Summary by Month Material Summary (Year 's totals Only) i 1 1 1 APPENDIX E - 1 ' Southold Town Collection Center 1993 HIGHLIGHTS Landfill ActivitU ' 1 . All landfilling of solid waste ended as of close of business on October 8 . Beginning October 9, the garbage and rubbish portions of the Town's MSW was ' being shipped to one or more permitted facilities in Pennsylvania . Also beginning October 9, the C&D portion of the Town 's MSW was being shipped to Westhampton, NY for processing and eventual disposal . 2 . The landfill used approximately 10,000 cubic yards OF purchased cover material at a cost of roughly $46, 000 . 3 . While landfilling continued, garbage, rubbish, & C&D were each deposited in separate sections of the elevated area (approx 5-7 acres) in middle of the dump, with a view toward making this section a consistently graded plateau that would be relatively easy to cover with earth, pending final closure . This has been done . There is not now nor ' has there been in the past a formal "progression plan" for the landfill . 1 �} , Total incoming waste of 38, 182 tons for the year was down 3% from 39, 313 tons in 1992 . this reduction was concentrated in areas of landclearing C-38':) , rubbish C-22%) , household garbage C-21%) , ' brush (-18%) , and C&D (-17%) . Increases were noted in shellfish (q89%) , sludge (134%) , sand/sod (non- purchased) (96%) , household recyclables (26%) , ' agricultural ( 13%) , and leaves & mulch (7%) . 5 . As a result of regulatory requirements related to hauling garbage, the handling of sludge from the Greenport treatment facilities was interrupted as of October 9 pending a decision that the sludge may be included in Southold 's MSW shipments . APPENDIX E - 2 Southold Town Collection Center 1993 highlights ' Page 2 Landfill Activitu (Cont 'd) ' 6 . By year 's end, the yard waste area was being rearranged to allow for orderly staging of all brush for grinding, and windowing of the product . ' Near elimination of the backlog of stored brush has allowed the reorganization of this area to proceed successfully . ' 7 . All woodchipmaterial that t had been stored in the old sand borrow pit has been removed and used as ' cover or given away . The sand pit is empty . 8 . New construction in '93: ' -- Temporaru transfer station - for loading household garbage and rubbish . Consists of a ' 12 ' by 60 ' asphalt pad with a 7-foot concrete block wall on 2 sides . -- SWAP Area - slab and lean-to type enclosure ' built to hold items brought for re-use . -- Concrete slab for a 2nd cardboard compacting container . -- Fencing - to contain papers from transfer operations; 12 feet high, 17S feet long . ' -- Loading Platform - for loading newspaper and mixed paper . ' Recucling Activitu ' 1 . In 1993, 15 .50 of Southold 's total waste stream was recycled, including 170 of the household garbage . With the adoption of the "garbage by the bag program, " by December these figures rose to 28% and ' 3q% respectively . By weight, 3, 031 tons of recyclables were collected ' in 1993 vs . 2, 337 in 1992, a 30% increase . Brush compost (up ` q9%) , cardboard (1150) , newspaper (35%) , mixed paper (31%) , and plastic (22%) , and ' glass (13%) led the increase . Only clean wood ' APPENDIX E - 3 Southold Town Collection Center 1993 HIGHLIGHTS ' Page 3 Recucling Activitu (cont 'd) ' C-`18%) , leaf mulch (-27%) , cans (-3%) , and brown glass C-3%) showed decreases. the decrease in leaf mulch is because the Fuel Harvesters tub grinder ' was undergoing frequent repair early in the year when the previous fall 's leaves are normally processed . 2 . The landfill produced 1 , 21f9 tons of brush compost, an increase of almost '150% from 1992 C228 tons) . This was a result of the increased productivity of ' the new tub grinder which, since November, was able to process virtually 100% of incoming brush and landclearing, as well as the entire stockpile of brush that had built up when troubles with the old tub grinder began . ' 3 . Arrangements were made with a hauler for Marcal Paper Mills to stage a trailer at the collection center for mixed paper recyclables, which are shipped to Marcal . Previously , large amounts of ' paper had to be accumulated at the collection center before the hauler would come to pick it up. This resulted in significant storage and handling difficulties . Adoption of the "garbage bag" program has resulted in enough tonnage of mixed paper to Justify keeping a trailer here . '1 . The addition of a 2nd garbage compactor and container enables the Town to move the large tonnage of cardboard that has resulted from adoption of the "garbage bag" program . S .T .O . P Program 1 . The Town collected and shipped 121 SS-gallon drums of household hazardous wastes in 1993 . This is down from 138 drums in 1992, a 12% drop, and down From 181 drums in 1991 , or 33% . the drop in 1993 was largely due to the ability to recycle empty aerosols, some of which used to be removed through ' the program at $5'f0 per drum . In 1992, the Town gained approval to bulk paints and thinners which resulted in the decrease in the number of drums From 1991 . APPENDIX E - q ' Southold Town Collection Center 1993 HIGHLIGHTS Page If ' S .T .O .P Program (Cont 'd) 2 . At a minimum of $190/drum, this means that the Town has saved at least $3, 230 in shipping and disposal costs in 1993 vs . 1992 . ' APPENDIX E - 5 Southold Town Collection Center Material SummarW by Month ' Southold Town Collection Center Material Summary (Year 's Totals Only) December 1993 APPENDIX E - 6 12-3003 SOUTHOLD TOWN COLLECTION CENTER 10A1 CUMULATIVE MATEFBAL SUMMARY CtnuidM 19W MdriJ>/y Asaforhl Sunmary(h T0]MS)Tlra4h NOVEMBER 30 I DECEMBER I YTD %CHANGE Total %Change %Change From I TOTAL. FROM YT0 JAN FES MAR APRIL MAY JUNE JULY AVG SEPT OCT NOV ti I Tons from Nov Dec 1992 ) TONS WT YEAR Item I I Chargooble I I I I Garbage(after Od.9.93): I ) -caner Dogs 173.25 211.12 I 199.01 -5.7% WA ( 58138 WA -Conor Dy wotghl 211.92 289.36 I 242.53 -16.2% WA I 7411.03 WA -soa•houlod($1 Dogs) 32044 235.39 I 195.21 -17.1% WA ) TV 04 WA • Bwsh 166.62 166 11 191 53 580 06 796 79 220 23 19118 211.53 152.15 138.82 27619 ) 411.16 47 1% .330% ( 354,x.45• •17.b% C 0 D 117.43 313 45 115 S9 e46 16 529 00 56002 461 54 4e249 571 40 50428 395 94 I 251 15 -36 0% .005% I 6550 45 •17.0% Conc+oto a 55 516 250 29 88 13 32 204 22 2922 239 83 12.66 3068 11.10 083 -98 1% •97.6% I 019 75 391% Landclouing 111396 3303 3169 37 09 180 48 10947 154 79 6872 11090 90.51 43.27 I le 35 -57.6% .900% I 1023 68 -384% RUDWah(mbcod) 18505 0650 9290 153 15 20449 25555 191.11 219 59 191,15 114607 '114 09 ( 110.13 226% .425% I 2040 So -22.0% Seep Metal 3939 6607 4025 30 75 3217 50.51 39 42 5684 54 e3 101.59 3611111 I 31 93 -11.7% 241% I 006 of 3.2% Too$ 29.30 20.00 2000. 20.54 2000 20.00 9.77 10.90 10.00 15.00 18.00 I 22.00 222% -6.6% I 215.51 4.4% I TOTAL: 980.32 710.02 803.46 1500.63 1636.25 1432.00 1082.31 1312.90 1103.29 1746.36 1668.54 I 1S1Z60 -9.2% -14.3% I 15603.78 4.7% I Nmchorgooble I I Agticuaural 138 32 82 01 4005 1994 4 23 2.72 4.25 39.78 7959 10477 12364 I 54 57 -55.9% •51.5% I 71367 12.0% Garbage(before Od.9) + 111914 918 00 962 32 1236 57 1105 40 1339 15 145871 1578 11 1355.03 351.27 WA ( WA WA WA I 11430 90 •21.4% Grass 1350 000 058 54 35 207,68 111,97 7901 102.49 110.07 66.78 555 I 051 -90.8% .329% ( 75829 -100% Leavo$MUICh 233.22 Soto 107.27 50958 313.12 91.14 4829 47.82 37.94 109.89 070.10 I $99.30 -10.6% .1126% ) 289611 68% SanNSod 140.64 011 42333 1003 348.77 21454 9334 221.77 261.50 60.62 427.60 I 291.19 -31.9% 45 7% I 2504 57 95.0% Sholmsh 1.32 0.41 011 000 1472 64 30 6520 53.01 73.62 65.50 5883 I 54.98 -6.5% 1354 5% I 452.00 4092% Sludge 10.30 000 160 99 12701 78.91 2002 8896 128.64 64.90 21.88 0.00 I 2.96 ERR .797% I 731.79 134.1% Wood Chips 18.01 5.48 11.95 10.85 6.77 14.71 19.16 19.16 23.77 19.79 6.80 I 8.05 38.8% •62.0% ( 163.50 -19.9% Household RacyclaDlos 169.41 190.14 191.70 16240 20395 194.93 234.29 228.65 25585 265.28 318.44 I 331.60 4.1% 67.7% 2707.14 27.6% Waste 00(tons) 4.16 4.40 4.95 0.06 6.60 0.79 0.15 7.17 6.69 5.94 6.42 I 4.61 -27.3% 16.2% I 70.02 13.0% TOTAL: 1810.34 1253.00 1911.05 2245.19 2290.15 2071.81 2098.16 2420.60 2268.96 1077.51 1618.58 I 1347.83 -16.6% -428% j 22488.32 •1.8% I I GRAND TOTAL: 2834.66 1983.98 2747.51 3748.02 4126.40 3503.61 3180.49 3739.50 3372.25 2823.87 3283.12 I 2860.43 -12.9% -30.8% I 3810210 •10% Waste Oil I • (geaons) 1175 1205 1355 1660 1610 1090 1685 1963 1835 1630 17e6 j 1z80 -26.3% 16 3% j 19244 14.3% -Twdcs(I of 53 got drums) 12 10 0 15 15 0 14 21 18 0 18 I 0 -100.0% ERR I 121 -18.2% I I SOUTHOLD TOWN COLLECTION CENTER 1993 YEAR-END MATERIAL SUMMARY 1993 1992 % CHANGE ' TOTAL TOTAL TONS TONS Item Chargeable ' Garbage (after Oct. 9'93): -carter bags 583.38 - N/A -carter by weight 746.83 - N/A - self-hauled (all bags) ( 759.04 - N/A Brush 3545.45 4295.71 -17.5% C &D 5550.45 6687.51 -17.0% ' Concrete 619.75 445.61 39.1% Landclearing 1023.88 1608.99 -36.4% Rubbish (mored) 2040.58 2614.79 -22.0% Scrap Metal 608.91 589.79 3.2% fires ( 215.51 230.18 -6.4% TOTAL: 15693.78 16472.58 -4.7% Non-chargeable Agricultural 713.67 634.09 12.6% Garbage (before Oct. 9) 11430.90 14536.49 -21.4% ' Grass 756.29 922.45 -18.0% Leaves/Mulch 2898.44 2713.32 6.8% ' Sand/Sod 2504.57 1279.10 95.8% Shellfish 452.00 76.71 489.2% Sludge 731.79 312.56 134.1% ' Wood Chips 163.50 204.10 -19.9% Household Recyclables 2767.14 2100.16 27.6% Waste Oil (tons) - 70.02 61.48 13.9% TOTAL: 22488.32 22840.46 -1.8% ' GRAND TOTAL: 38182.10 39313.04 -3.0% Waste Oil (gallons) 19246.00 16844 14.3% ' Toxics (#of 5.5 gal drums) 121 138 -18.2% i I - SoutholdTown Solid Waste S 1993 Total Waste Stream: 38, 182 tons MSW 15,560 (garbagel rubbish) CLEAN FILL 2,505 METAUTIRES 825 (shellfish, sludge) OTHER 1,184 C&D/CONCRETE 6,170 HH RECYCLABLES 2,837 AGRICULTURAL 714 YARD WASTE 8,387 1 (brush, leaves, grass landclearing) Source: Landfill Scalehouse Jan 20, 1994 ® ® c 0 a • ' Y r APPENDIX F ' Southold Town Code Chapter qB � • i 1 1 ' § 48-1 GARBAGE, RUBBISH AND REFUSE § 48-1 Chapter 48 1 GARBAGE,RUBBISH AND REFUSE 1 § 48-1. Definitions. f § 48-2. Dumping prohibited generally. 1 ` §48-3. Town refuse disposal area. §48-4. Fees; issuance and duration of permits and licenses. 1 §48-5. Conveyance and transportation of refuse. §48-6. Penalties for offenses. 1 § 48-7. Revocation of permit and/or license. GENERAL REFERENCES 1 Outdoor burning—See Ch.36. Junkyards—See Ch.54. Littering—See Ch.57. Scavenger wastes—See Ch.75. 1 § 48-1. Definitions. Words and terms used in this chapter shall have the 1 following meanings: ATTENDANT— Any employee of the Town of Southold ` 1 placed in charge of a town refuse disposal area under the direction of the Town Board. CANS— Shall be a recyclable and shall mean rinsed- clean containers, with or without labels, comprised of aluminum, tin, steel or a combination thereof which contain or formerly contained only food and/or beverage 1 substances. "Cans" shall not mean oil, paint, pesticide or aerosol cans. [Added 2-5-1991 by L.L.No. 1-19911 1 1 4801 10-25-93 § 48-1 SOUTHOLD CODE § 48-1 CARDBOARD— Shall be a recyclable and shall mean ' clean, dry corrugated cardboard, flattened and stacked. [Added 11-26-1991 by L.L.No.26-19911 COMMERCIAL SELF-HAULERS— Those businesses, ' trades or other commercial enterprises which transport the refuse and/or recyclables generated in the operation of their business, trade or commercial enterprise for ' deposit at the Town of Southold refuse disposal area. [Added 11-26-1991 by L.L.No.27-19911 GLASS— Shall be a recyclable and shall mean all clear (flint), green and brown (amber) colored glass containers rinsed clean. "Glass" shall not mean wired glass, crystal, ceramics, plate, window, laminated or mirrored glass or , light bulbs. [Added 2-5-1991 by L.L.No. 1-19911 ILLEGAL DUMPING— The deposit by any person of garbage, rubbish, refuse or waste in any public place within the Town of Southold, including its inland waters, other than in containers designated for that purpose. [Added 9-10-1993 by L.L.No.20-19931 ' NEWSPAPER— Shall be a recyclable and shall include unsoiled newsprint and all newspaper advertisement. "Newspaper" shall not include phone books, junk mail, ' plastic bags, cardboard boxes, brown paper bags, magazines, catalogs or glossies. [Added 2-5-1991 by L.L. No. 1-19911 NONRECYCLABLE WASTE—The end product of solid waste remaining after the extraction of recyclable materials, hazardous waste, construction and demolition debris and landclearing debris. "Nonrecyclable waste" ' results primarily from the handling, preparation and storage of food and includes but is not limited to � putrescible solid waste such as animal and vegetable ' waste. [Added 9-10-1993 by L.L.No.20-19931 PERSON—An individual, an association, a partnership or a corporation. 4802 10-25-93 §48-1 GARBAGE, RUBBISH AND REFUSE §48-1 ' PLASTICS— Shall be a recyclable and shall mean all food, beverage or household containers such as soda, detergent, bleach, milk, juice, shampoo or cooking oil ' bottles, rinsed clean. "Plastics" shall not mean caps, appliances, plastic with metal parts, six-pack rings, biodegradable bags, fiberglass, waxed cardboard containers,vinyl or styrofoam. [Added 2-5-1991 by L.L. No. 1-1991) RECYCLABLE—Any can, glass or plastic container or newspaper as defined in this section. [Added 2-5-1991 ' by L.L.No. 1-1991] RECYCLABLE WOOD [Added 2-5-1991 by L.L. No. 1-19911: ' A. Clean, untreated, finished lumber products or remnants containing no nails or other metals;or ' B. Logs not greater than four (4) feet in length and six (6)inches in diameter. REFUSE— Shall have the same meaning as "nonrecyclable waste." "Refuse" shall not include cans ' glass, plastics or newspaper, as further defined herein. [Amended 10-9-1984 by L.L. No. 9-1984; 2-5-1991 by L.L.No. 1-1991;9-10-1993 by L.L.No.20-19931 REFUSE DISPOSAL AREA—The sanitary landfill site -- owned and operated by the Town of Southold located ' north of County Route 48 at Cutchogue, New York and any premises designated by the Town Board as a"refuse disposal area" of the town for the disposal of refuse by the residents of the town. [Amended 10-9-1984 by L.L. ' No.9-19841 RESIDENTIAL SELF-HAULERS— ThoseE� who transport their refuse and/or rec cl bles f rdeposit residents 1 at the Town of Southold refuse disposal area. [Added 11-26-1991 by L.L.No.27-1991] ' TOWN GARBAGE BAG—A plastic bag bearing the logo of the Seal of the Town of Southold, of such size and 4803 3-25-94 i 1 § 48-1 SOUTHOLD CODE §48-2 design as shall be determined by the Town Board, to be used for the disposal of nonrecyclable waste. [Added 1 9-10-1993 by L.L. No. 20-1993; amended 2-8-1994 by L.L.No. 1-1994] ' § 48-2. Dumping prohibited generally. [Amended 7-31-1973] 1 A No person shall collect, store, accumulate, throw, cast, deposit or dispose of or cause or permit to be collected, stored, accumulated, thrown, cast, deposited or disposed of any refuse and/or recyclable upon any premises or ' upon any street, highway, sidewalk or public place within the Town of Southold, except when authorized by the Town Board. [Amended 3-24-1992 by L.L. No. ' 9-1992] B. Nothing contained herein shall be construed so as to prevent: ' (1) The temporary accumulation of refuse by a resident of the town upon premises occupied by him, to the extent that such accumulation is ordinary and ' necessary for his personal household requirements. (2) The disposal of refuse at any refuse disposal area maintained or authorized by the Town of Southold. (3) The proper use of receptacles placed upon the streets or other public places in the Town of Southold for the depositing of refuse; provided, however, that such public receptacles shall not be used for the deposit of accumulated household garbage. ' (4) The engaging in secondhand junk and auto parts ( i d activities and businesses when a license therefor has been obtained pursuant to the provisions of the ' Southold town ordinance licensing and regulating ! �s 4804 3-25-94 1 'rte C 1 §48-2 GARBAGE, RUBBISH AND REFUSE § 48-2 secondhand junk and auto parts activities and ' businesses.' (Cont'd on page 4805) i ' I Editor's Note:See Ch.54,Junkyards. 4804.1 3-25-94 J 1 � • 1 1 § 48-2 GARBAGE, RUBBISH AND REFUSE § 48-3 C. Nonrecyclable waste and town garbage bags. [Added 1 9-10-1993 by L.L. No.20-19931 (1) Nonrecyclable waste shall be deposited only at designated areas within the town disposal area. 1 (2) Town garbage bags shall be available at designated areas in the town. 1 (3) The size and design of the town garbage bag shall be determined by resolution of the Town Board. (4) The fee for each size of the town garbage bag shall 1 be determined by resolution of the Town Board. (5) No person shall: (a) Duplicate or imitate a town garbage bag. 1 (b) Give, sell or issue in any manner a duplicated or imitated town garbage bag. 1 § 48-3. Town refuse disposal-� poral area. 1 A. [Amended 2-5-1991 by L.L. No. 1-19911 No person shall deposit or cause to be deposited in or on any refuse disposal area maintained by the Town of Southold any ' substance of any kind except in the areas designated by and under the direction of the attendant in charge, whether such direction is given personally or by another person by his authority or by a sign or signs erected in the refuse disposal area by the authority of the Town Board or such attendant. (1) Residential self-haulers and commercial self- haulers. [Amended 11-26-1991 by L.L. No. 26-1991; 11-26-1991 by L.L.No.27-19911 (a) No cans, as defined herein, shall be deposited at any Town of Southold disposal area unless such cans are separated from any and all solid waste, trash, rubbish, vegetative yard waste cardboard, glass, metal or paper. Such cans are 1 4805 10-25-93 1 _ L i § 48-3 SOUTHOLD CODE § 48-3 ' to be deposited only at designated areas within such town disposal area. (b) No cardboard, as defined herein, shall be ' deposited at any Town of Southold disposal area unless such cardboard is separate from any and all solid waste, trash, rubbish, vegetative yard waste, cans, glass, plastic, metal or paper. Such cardboard is to be deposited only at designated areas within such town disposal areas. ' (c) No glass, as defined herein, shall be deposited at any Town of Southold disposal area unless such glass is separated from any and all solid waste, trash, rubbish, vegetative yard waste, ' cans, cardboard, metal or paper. Such glass is to be deposited only at designated areas within such town disposal area and in the area ' designated for the particular color of glass (i.e., clear, amber or green). (d) No plastic, as defined herein, shall be deposited ' at any Town of Southold disposal area unless such plastic is separated from any and all solid waste, trash, rubbish, vegetative yard waste, ' cans, cardboard, glass or paper. Such plastic is to be deposited only at designated areas within such town disposal area or transfer station. (e) No newspaper, as defined herein, shall be deposited at any Town of Southold disposal area unless such newspaper is separated from any and all solid waste, trash, rubbish, vegetative ' 4806 10-25-93 i § 48-3 GARBAGE, RUBBISH AND REFUSE §48-3 ' yard waste, cans, cardboard, glass or plastic. Such newspaper is to be deposited only at designated areas within such town disposal area. (f) Nonrecyclable waste. [Added 9-10-1993 by L.L.No.20-19931 [1] Residential self-haulers. Nonrecyclable waste generated by residential self-haulers shall be disposed of only in a town garbage ' bag as defined herein and deposited only at designated areas within the town disposal . area. ' [2] Commercial self-haulers. Nonrecyclable waste generated by commercial self- haulers may be either: [a] Disposed of in a town garbage bag and deposited at designated areas within the town disposal area; or ' [b] Disposed of at the designated areas within the town disposal area upon paying the appropriate charge as set ' by Town Board resolution for the weight of nonrecyclable waste deposited. ' (2) Private residential refuse haulers/carters. (a) The owners or occupants of all residences within the town which utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of this chapter shall ;Q; place recyclables in separate rigid containers at curbside for collection on such day"or days as ' the licensee serving such residence shall designate. ' 4806.1 10-25-93 § 48-3 SOUTHOLD CODE § 48-3 ' (b) It shall be unlawful for any person to place out for collection any container in which refuse is mixed with recyclables. ' (c) It shall be unlawful for any person to collect refuse from a residence which is mixed with recyclables or thereafter to commingle different ' types of recyclables or to mix recyclables with refuse. (d) Recyclables collected by private residential ' refuse haulers/carters and transported to the landfill/collection center shall be deposited in areas designated by appropriate landfill personnel. (e) Nonrecyclable waste. [Added 9-10-1993 by L.L.No. 20-19931 ' [1] The owners or occupants of all residences within the town which utilize collection services provided by persons licensed to ' collect refuse pursuant to the provisions of this chapter shall place nonrecyclable waste in town garbage bags for collection on such day or days as the licensee serving such residents shall designate. [21 It shall be unlawful for any person to place out for collection any nonrecyclable waste which is not in a town garbage bag. It shall be unlawful for any person to collect nonrecyclable waste from a residence which is not in a town garbage bag. [3) Nonrecyclable waste in town garbage bags collected by private residential refuse haulers/carters and transported to the landfill/collection center shall be deposited only in areas designated by appropriate flandfill personnel. C_""t� 4806.2 10-25-93 \ §48-3 GARBAGE, RUBBISH AND REFUSE § 48-3 (3) Private commercial refuse haulers/carters. [Added ' 11-26-1991 by L.L.No.27-19911 (a) The owners or occupants of all commercial es- tablishments within the town which utilize ' collection services provided by persons licensed to collect refuse pursuant to the provisions of this chapter shall place recyclables in separate ' rigid containers at curbside for collection on such day or days as the licensee serving such business shall designate. i ' (b) It shall be unlawful for any commercial estab- lishment to place out for collection any container in which refuse is mixed with ' recyclables. (c) It shall be unlawful for any commercial estab- lishment to place out for collection any container in which one type of recyclable is mixed with any other type or types of recyclables. (d) It shall be unlawful for any private commercial refuse hauler/carter to collect refuse from any commercial establishment which is mixed with recyclables or thereafter to commingle different ' types of recyclables or to mix recyclables with refuse. (e) Recyclables collected by private commercial refuse haulers/carters and transported to the landfill/collection center shall be deposited in G� areas designated by appropriate landfill personnel. B. No garbage, refuse, rubbish or other material that does not have its origin within the Town of Southold shall be deposited or disposed of in the town refuse disposal area. [Added 7-31-1973] ' 4806.3 12-25-93 § 48-3 SOUTHOLD CODE § 48-4 C. No garbage, rubbish, refuse or other material that does not have its origin within the Town of Southold shall be conveyed or transported over any street within the town ' for delivery to the town refuse disposal area. [Added 5-3-1988 by L.L.No. 11-19881] D. No vehicle shall be permitted to transport refuse into ' any refuse disposal area maintained by the Town of Southold unless such vehicle displays a valid permit and/or license issued pursuant to the provisions of this ' chapter, except that vehicles owned and operated by any of the following entitled shall be permitted to transport refuse into any refuse disposal area maintained by the Town of Southold, provided that at least one (1) valid permit and/or license has been issued to the particular entity: the State of New York, the County of Suffolk, the Village of Greenport and fire districts, school districts and park districts located within the Town of Southold. [Added 7-24-1979 by L.L. No. 1-1979; amended 10-9-1984 by L.L. No. 9-1984; 12-7-1993 by L.L. No. 25-1993] ' E. The attendant at the town refuse area is authorized to prohibit the disposal of discarded motor vehicles and/or ' discarded fuel tanks having a capacity in excess of five hundred fifty (550) gallons at the refuse disposal area. [Added 7-15-1986 by L.L. No. 7-1986; amended - 9-23-1986 by L.L.No. 12-19861 §48-4. Fees; issuance and duration of permits and licenses. [Added 10-9-1984 by L.L.No.9-19842] A The fees for the issuance of permits and/or licenses for te vehicles transporting refuse into any refuse disposal area maintained by the Town of Southold shall be as follows: 1 Editor's Note:This local law also renumbered former Subsections C and D as D and E,respectively. 2 Editor's Note:This local law also renumbered former 0 48.4 and 48-5 as It 48-5 and c 48-6,respectively. 4806.4 12-25-93 t_. _ ice_" 2 1 1 1 § 48-4 GARBAGE, RUBBISH AND REFUSE §48-4 (1) [Amended 10-23-1990 by L.L. No. 23-19901 Resident landfill permit: for noncommercial vehicles 1 of less than one-ton capacity owned by a resident and/or taxpayer of the Town of Southold and transporting only household refuse, provided that 1 such vehicle displays a valid resident landfill permit issued in accordance with the following. (Cont'd on page 4807) 1 1 . 1 i f 4806.4.1 12-25-93 1 1 1 § 48-4 GARBAGE, RUBBISH AND REFUSE § 48-4 ' (a) A resident landfill permit shall be issued by the Town Clerk or a person designated by her to all ' persons who are qualified residents of the Town of Southold. Persons applying for a resident landfill permit shall be requested to sign an application in ' affidavit form and submit for inspection the follow- ing as proof of residence: [1] A valid tax receipt stub for the current year for any taxable real property within the Town of Southold assessed in the name of the applicant. [2] A valid motor vehicle registration in the name ' of the applicant and to an address located within the Town of Southold or to an address corresponding to the address of a validated tax receipt stub for the current tax year for any ' taxable real property within the Town of Southold affixed to the application. ' [3] Such other proof of residence as is satisfactory to the Town Clerk. (b) The Town Clerk or a person designated by the Town ' Clerk shall inspect such application to determine that the applicant is a qualified resident of the town. Upon approval of the application, a resident landfill permit shall be issued and inscribed with the vehicle ' license registration number. Such permit shall not be transferred to any other vehicle. (c) Resident landfill permit for motor vehicles shall be ' permanently affixed to the left side of the front bumper of such vehicle. (d) The fee for the issuance of a resident landfill permit ' shall be such fee as shall be prescribed by a resolution of the Southold Town Board. ' (2) [Added 2-26-1991 by L.L. No. 3-19911 Lessee landfill permit: for noncommercial vehicles of less than one-ton capacity owned by a lessee in the Town of Southold and 9 4807 5-25-91 C § 48-4 SOUTHOLD CODE § 48-4 ' transporting only household refuse, provided that such ' vehicle displays a valid lessee landfill permit issued in accordance with the following- (a) A lessee landfill permit shall be issued by the Town Clerk or a person designated by her to all persons ' who lease or rent property within the Town of Southold but do not qualify as residents as defined in § 48-4A(1) hereof. Persons applying for a lessee ' landfill permit shall present an application in affidavit form, signed by the lessee and the owner of the property, setting forth: ' [1] The location of the leased or rented property. [2] The persons occupying the same. [3] The term of such tenancy. ' (b) Upon a determination by the Town Clerk or person designated by her that the applicant is entitled to a ' lessee landfill permit and upon the payment of the permit fee,such permit shall be issued and inscribed C with the vehicle license registration number and shall be affixed to the vehicle in the same manner as ' provided in § 48-4A(lxc) hereof. (c) The fee for the issuance of a lessee landfill permit shall be twenty-five dollars ($25.). '. (3) [Added 3-26-1991 by L.L. No. 9-19911 Guest landfill permit: for noncommercial vehicles of less than one-ton ' capacity owned by a guest of a resident in the Town of Southold and transporting only household refuse, provided that such vehicle displays a valid guest landfill permit issued in accordance with the following: (a) A guest landfill permit shall be issued by the Town Clerk or a person designated by her to all persons who are qualified residents of the Town of Southold, ' as defined in § 48-4A(1) hereof, for use by guests temporarily residing in the dwelling of such resi- dent. A resident applying for a guest landfill permit ' shall present an application in affidavit form, signed by the applicant, setting forth: 4808 5-25-91 § 48-4 GARBAGE, RUBBISH AND REFUSE § 48-4 ' [1] The location of the property to be occupied by the guests. [2] The names and permanent addresses of the guests. [31 The length of time of the guest occupancy. ' (b) Upon a determination by the Town Clerk or person designated by her that the applicant is entitled to a guest landfill permit and upon the payment of the permit fee, such permit shall be issued and inscribed with the vehicle license registration number and shall be affixed to the vehicle in the same manner as provided in § 48-4A(1)(c) hereof. (c) The fee for the issuance of a guest landfill ' permit shall be twenty-five dollars($25.). (4) Per-load fee of two dollars ($2.) for each noncommercial vehicle of less than one-ton capacity ' which possesses no permit. [Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L.No.9-19911 ' (5) Per-load fee of thirty dollars ($30.) for each single axle truck which does not possess a permit. [Amended 10-23-1990 by L.L. No. 24-1990; ' 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.G. No.9-1991; 12-8-1992 by L.L.No.31-1992] (6) Annual fee of sixty dollars ($60.) for each ' commercial vehicle transporting liquid septic waste, ` together with an additional fee of three cents ($0.03) for each gallon of liquid waste discharged. [Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No.9-1991; 12-8-1992 by L.L. No.31-19921 ' (7) Annual fee of sixty dollars ($60.) for each commercial contractor's vehicle of less than one-ton maximum gross vehicle weight. [Amended 4809 10-25-93 ' § 48-4 SOUTHOLD CODE § 48-4 ' 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L.No.31-1992] ' (8) Annual fee of sixty dollars ($60.) for each farm vehicle of one-ton or more capacity transporting agricultural waste. [Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L. No.31-19921 (9) Per-load fee of sixty dollars ($60.) for each double- axle truck which does not possess a permit. [Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No.9-1991; 12-8-1992 by L.L.No.31-19921 (10) Annual fee of two hundred twenty dollars ($220.) for each single-axle vehicle transporting solid waste ' (garbage). [Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L. No. 31-19921 (11) Annual fee of two hundred twenty dollars ($220.) for each commercial contractor's vehicle of more than ' one-ton capacity. [Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L. No.31-19921 (12) Annual fee of six hundred dollars ($600.) for each double-axle and/or compactor-type vehicle transporting solid waste (garbage). [Amended ` 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; (` 12-8-1992 by L.L.No.31-19921 C_� ' 4810 10-25-93 ' I � § 48-4 GARBAGE, RUBBISH AND REFUSE § 48-4 (13) Annual fee of six hundred dollars ($600.) for each commercial contractor's double-axle and/or tractor- trailer combination of more than one-ton capacity. [Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. ' No.9-1991; 12-8-1992 by L.L.No.31-19921 B. [Added 11-29-1988 by L.L. No. 29-19884; amended 6-20-1989 by L.L. No. 11-1989; 3-13-1990 by L.L. No. ' 2-1990; 2-5-1991 by L.L. No. 1-1991; 11-24-1992 by L.L. No. 29-1992; 10-5-1993 by L.L. No. 23-19931 Effective October 9, 1993, in addition to the fees ' established in§ 48-4A of this chapter,there shall be a fee of three and five-tenths cents ($0.035) per pound on loads containing the following: _ (1) Heavy brush, landscaping and yard wastes, including but not limited to stumps, branches, shrubs, plants, trees, bushes and the like, but not ' including leaves and grass clippings. (2) Construction debris, including but not limited to scrap and waste material discarded as refuse ' resulting from construction. (3) Wood, including but not limited to timber, logs, boards and the like, unless such wood is designated ' by the landfill attendant as recyclable wood. (4) Demolition debris, including but not limited to �`- waste and rubble resulting from remodeling, demolition and extensive repair of structures, waste cement, concrete, masonry work, bricks, tile, sheetrock, plaster, wood, shingles and the like. (5) Rubbish, including but not limited to furniture, fixtures, television antennas, carpets, awnings, boats and other like objects that are not considered normal everyday household waste. y 4 Editor's Note:This local law also redesignated former Subsections B. C and D as Subsections D.E and F.respectively. 4810.1 10-25-93 Offmar ' § 48-4 SOUTHOLD CODE § 48-4 (6) Commercial and household garbage, and rubbish, including but not limited to furniture, fixtures, ' television antennas, carpets, awnings, boats and other like objects. C. Effective January 1, 1993, in addition to the fees established in § 48-4A and B, there shall be a fee of ten dollars ($10.) per item on appliances, including but not limited to white goods, refrigerators, washers, dryers, ' stoves, dishwashers, ovens and the like. [Added 11-29-1988 by L.L. No. 29-1988; 12-8-1992 by L.L. No. 31-1992] ' D. Issuance and duration of permits and/or licenses. All permits and/or licenses provided for in this chapter shall be issued by the Town Clerk. All annual permits ' (including those previously issued) shall expire one (1) year from the date of the issuance thereof. E. Refund of fees. In the event that the Town Clerk has ' heretofore issued permits for vehicles transporting refuse into the town (Cont'd on page 4811) �a 4810.2 10-25-93 ' - § 48-4 GARBAGE, RUBBISH AND REFUSE § 48-6 landfill site at Cutchogue, and the fees paid therefor exceed ' the fees provided for herein, the Town Clerk is hereby authorized to refund such excess fees to the holders of such permits and/or licenses. F. Amendment of fees. Notwithstanding any of the provisions hereof, the Town Board may, by resolution, change, modify or repeal any of the fees set forth in § 48-4 hereof. § 48-5. Conveyance and transportation of refuse. [Amended 3- 24-1992 by L.L. No. 9-1992] No person shall convey or transport refuse and/or recyclables through the streets or public places of the Town of Southold in any ' cart, wagon or vehicle or by any other means unless adequate care is taken to prevent the spilling of refuse and/or recyclables in such public places and streets. ' § 48-6. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973;2-7-1989 by L.L.No.2-1989;2-5-1991 by L.L.No. ' 1-1991] A. Illegal dumping. Any person committing an offense of illegal dumping under this chapter shall, upon conviction thereof, be guilty of a violation punishable as follows: (1) For a first offense: (a) A fine of not less than one thousand dollars($1,000.) '. and not more than one thousand five hundred dollars ($1,500.); (b) Imprisonment for a term not exceeding ten (10) ` days; or (c) Community service of forty (40) hours to be per- formed within thirty (30) days of the date of sentencing. (2) For a second offense: ' 4811 6-25-92 § 48-6 SOUTHOLD CODE § 48-7 (a) A fine of not less than two thousand five hundred dollars ($2,500.) and not more than five thousand dollars ($5,000.); (b) Imprisonment for a term not exceeding thirty (30) ' days; or (c) Community service of one hundred twenty (120) hours to be performed within ninety(90)days of the date of sentencing. B. Recycling offenses and other offenses. Any person committing a recycling offense or any other offense against this chapter ' other than an offense of illegal dumping shall be subject to a civil penalty enforceable and collectible by the town in the amount of one hundred dollars ($100.) for each offense. Any s person committing a second and/or subsequent offense within ' twelve (12) months of the date of the first offense shall be subject to a civil penalty enforceable and collectible by the town in the amount of two hundred dollars ($200.). Such penalty shall be collectible by and in the name of the town for each day that such offense shall continue. C. In addition to the above-provided penalties, the Town ' Board may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. § 48-7. Revocation of permit and/or license. [Added 5-3-88 by ' L.L. No. 12-1988] A. Permits and/or licenses issued under the provisions of this chapter may be revoked by the Town Board of the Town of ` ' Southold after notice and hearing for violation of the provisions of this chapter. � � s ' B. Notice of the hearing for revocation of a permit and/or license shall be given in writing,setting forth specifically the grounds of the complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permittee and/ ' 4812 6-25-92 ' § 48-7 GARBAGE, RUBBISH AND.REFUSE § 48-7 or licensee at his last known address at least five(5)days prior ' to the date set for the hearing. Said hearing shall be conducted in a manner wherein the accused permittee and/or licensee is afforded full due process of the law. C. At the conclusion of said hearing and as a result of the evidence adduced therein, the Town Board may, in its discretion, revoke the said permit and/or license or, in lieu thereof, suspend the subject permit and/or license for a specified period of time, censure the permittee and/or licensee or impose a fine, not to exceed two thousand dollars ($2,000.). �i 4813 1 2.5-si r i �oc��FF OLK�OGy o �► JUDITH T. TERRY Z L Town Hall, 53095 Main Road TOWN CLERK p rZ P.O. Box 1179 REGISTRAR OF VITAL STATISTICS VO Southold, New York 11971 (516) 765-1823 MARRIAGE OFFICER '`O � Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 5, 1994: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for Solid Waste Hauling and Disposal Services, to begin on July 10, 1994, all in accordance with the bid specifications. Judith T. Te ry Southold Town Cie April 6, 1994 a ,v `v SUPERVISOR :�> .�°. Thomas H.Wickham ,;: COUNCILMEN Town Hall. 53095 Main Road �.7� . P. O. Box 1179 Joseph J. ki ' Southold. New York 11971 Alice J. Hussiessie Telephone(516) 765- 1891 Joseph L.Townsend,Jr. Fax(516)765- 1823 Ruth D. Oliva TOWN BOARD Justice Louisa P. Evans TOWN OF SOUTHOLD To : Supervisor and Town Board From : Alice Hussie Date : Narch 28 , 1994 Re : Time frame for approval of Bids for solid waste and C&D hauling and disposal The Solid Waste Task Force Technical Sub-Committee proposes the following dates and actions for your information : April 13- S11TF completes bid specifications 14- 18 - Review by Town Attorney and Town engineer 19 - Town Board meeting and discussion May 2 - Legal notices to newspapers 5 " " published 12 - Pre-bid conferences 26 - Bid opening June 14 - Acceptance of Bid (s ) July 10 - Contract in effect /3 -SW7F�J .work, cep T!3 �� d 24 q�tn-N-e_,� a a cce�,./�acac2 11411o Q,u-Qy 10 4 cJ