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HomeMy WebLinkAboutMSW Haul & Dispose-RejectedELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 19, 2015 Tom Murphy Covanta Sustainable Solutions, LLC 445 South Street Morristown, NJ 07960 Dear Mr Murphy: At the regular Town Board meeting held on July 28, 2015, the Town Board rejected all bids for the Hauling and Disposal of Solid Waste. A certified copy of the resolution is enclosed. Thank you for your bid. Ens. Very truly yours, "4, v" Lynda M Rudder Deputy Town Clerk ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www.southoldLownny.gov OF'F'ICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 19, 2015 Mark Troiano Winter Bros. Hauling of LI 1198 Prospect Avenue Westbury, NY 11590 Dear Mr Troiano: At the regular Town Board meeting held on July 28, 2015, the Town Board rejected all bids for the Hauling and Disposal of Solid Waste. A certified copy of the resolution is enclosed. Thank you for your bid. Ens. Very truly yours, 0 M4��� Lynda M Rudder Deputy Town Clerk Southold Town Board - Letter Board Meeting of July 28, 2015 g ` RESOLUTION 2015-673 Item # 5.9 g�FFrt(,� 6y�O��E ADOPTED DOC ID: 11044 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-673 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 28, 2015: RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids received on May 7, 2015 for the Hauling and Disposal of Solid Waste from the Southold Town Transfer Station. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated July 31, 2015 Page 18 WASTE SYSTEMS Winters Bros. Hauling of Long Island, LLC 1198 Prospect Avenue Westbury, NY 11590 TOWN OF SOUTHOLD OFFICE OF THE TOWN CLERK 53095 MAIN ROAD SOUTHOLD, NY 11971 BID ENCLOSED: TOWN OF SOUTHOLD - SOLID WASTE AND DISPOSAL SERVICES MAY 7, 2015 2:OOPM BIDDER'S SOLICITATION SOLID WASTE HAUL AND DISPOSAL SERVICES AGREEMENT DOCUMENTS TOWN OF SOUTHOLD STATE OF NEW YORK April 2015 TOWN OF SOUTHOLD I TABLE OF CONTENTS GLOSSARY OF TERMS 5 SECTION A- SUBMISSION REQUIREMENTS 8 1.0 Project Purpose 9 2.0 Schedule 9 3.0 Examination Of Agreement Documents 10 4.0 Information to be Submitted 11 4.1 Contractual Bid 11 4.2 Supplemental Information 11 5.0 Bid Format 13 5.1 Binding 13 5.2 Form Preparation 13 6.0 Submission of Bid 13 6.1 Withdrawal Of Bids 13 6.2 Questions & Addenda 14 7.0 Bid Guaranty 14 8.0 Execution Of Agreement 14 9.0 Consideration Of Bids 15 10.0 Selection Of Contractor 15 11.0 Acceptance of Bid 16 12.0 Assignment 16 13.0 Limitation Of Funds Available 16 14.0 Insurance and Bonds 16 14.1 Insurance 16 14.2 Bonds 17 15.0 Indemnity (Hold Harmless) 18 16.0 Payments 18 17.0 Default 19 18.0 Term of Agreement 19 19.0 Service Agreement 19 20.0 Subcontracts 20 21.0 Rights and Options 20 SECTION B - BID SPECIFICATION 21 1.0 Requirements 22 2.0 Program Goals and Objectives 23 3.0 Guarantees 23 4.0 Character Of The Solid Waste 23 4.1 Quality and Characteristics 24 5.0 Program Activities 24 5.1 Collection 24 5.2 Loading Mode 25 5.3 Town of Southold Accident and Damage Policy 25 5.4 NYSDEC Part 360 Permit to Operate 25 2 I I 6.0 Haul Services 25 6.1 Transport Mode 25 6.2 Work Included 26 6.3 Equipment 26 6.4 Weighings 27 6.5 Routing Mode - Contractor's Responsibility 27 7.0 Disposal Services Program Activities 28 7.1 Work Included 28 7.2 Operational Capacity 28 7.3 Permit Requirements 28 7.3.1 Disposal Sites Inside State Of New York 29 7.3.2 Disposal Sites Outside State of New York 30 7.4 Weighings 31 8.0 Safety and Health Regulations 32 9.0 Operations and Procedures 33 9.1 Supporting Data 33 SECTION C - TOWN OF SOUTHOLD SOLID WASTE 35 HAUL/DISPOSAL SERVICES 1.0 Intent 36 2.0 General Bid Statement 36 2.1 — 2.5 Attestations and Understandings 37-39 3.0 Unit Price Bid Schedule 40 3.1 Compensation 40 3.2 Evaluation Unit Bid Price Formula 41 4.0 Bid Security Acknowledgment 41 5.0 Information Schedules 41 Information Schedule A Information Schedule B Information Schedule C Information Schedule D Information Schedule E Information Schedule F Information Schedule G Information Schedule H Information Schedule I Information Schedule J Information Schedule K Information Schedule L Information Schedule M SECTION D - APPENDICES Appendix A Sample Operating Agreement Appendix B New York State Department of Environmental Conservation Permit Appendix C Accident Report r M GLOSSARY OF TERMS ADMINISTRATOR -Shall mean the Coordinator of municipal solid waste (or his agent) of the Town of Southold, New York. AGREEMENT- Shall mean a contract set forth by the Town and resulting from this Bid Solicitation between the Town of Southold and the successful Bidder to be executed in 2013. AGREEMENT OPTION YEAR — Shall refer to one of the two option years provided for in this agreement (i.e., January 1, 2018 — December 31, 2018 or January 1, 2019 — December 31, 2019) 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. 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 1. 2015 . 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 -I 5 CONTRACT DOCUMENTS - Shall have the same meaning as Agreement Documents. CONTRACT PERIOD - Shall have the same meaning as Agreement Period. 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 municipal solid waste for the Town of Southold. COUNTY - Shall mean Suffolk County, State Of New York. DAILY - Sunday to Saturday, inclusive. EPA - Environmental Protection Agency (Federal). HAUL -DISPOSAL SERVICES UNIT PRICE - Shall mean the Contractor's compensation in dollars for each ton of solid waste actually hauled from the Town Of Southold Transfer Station to the Contractor -Designated Disposal Site and disposed of at the Contractor -Designated Disposal Site. HAZARDOUS WASTE - Shall mean (1) any "hazardous waste" as defined under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.. or "hazardous substance" as defined under the comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., or "hazardous waste" as defined under New York Environmental Conservation Law Section 27-0901 et seq., as each such law may be amended from time to time, and the regulations promulgated thereunder, and any analogous or succeeding Federal, state or local law, rule or regulation and regulations promulgated thereunder and (2) any other material which any governmental agency or unit having appropriate jurisdiction shall determine from time to time cannot be processed at the facility because it is harmful, toxic or dangerous. INITIAL AGREEMENT PERIOD - Shall mean the period from July 1, 2015 through December 31, 2016. 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 SITES) - 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. SUBSEQUENT AGREEMENT PERIOD — Shall mean the period from January 1, 2017 through December 31, 2017. TRANSFER STATION — Shall mean the Town of Southold Municipal Solid Waste Facility, located at 6155 Cox Lane, Cutchogue, NY 11935 GLOSSARY -3 7 SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS, AND AWARD BASIS I SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS AND AWARD BASIS 1.0 PROJECT PURPOSE The Town of Southold expects that it will receive and need to dispose of approximately 23,000 tons of solid waste during the Initial Agreement Period, and approximately 15,000 tons in the Subsequent Agreement Period. This Bid Solicitation will ensure Town of Southold's solid waste will continue to be 1) hauled From the Town of Southold Transfer Station to Disposal site(s) and 2) disposed of at permitted Disposal Site(s). 2.0 SCHEDULE The schedule below is an estimate of the time period leading up to the commencement of the Agreement. Its intent is to provide each Bidder with an idea of when certain events may occur. The dates given are guidelines and should not be construed as film dates or deadlines due to. the multiple parties involved in the decision making process. EVENT Transfer Station Visits Pre -Bid Conference Bid Opening Town Board Approval Agreement Executed Operations Commencement DATE By Appointment None 2:00 PM Thursday, MU 7, 2015 May 19, 2015 On or Before June 19, 2015 July 1, 2015 9 3.0 EXAMINATION OF AGREEMENT DOCUMENTS, FAMILIARITY WITH THE WORK It is the responsibility of each Bidder before submitting a Bid to (a) examine the Sample Operating Agreement and Agreement Documents thoroughly; (b) visit the site of the Town of Southold Transfer Station; (c) attend and be familiar with the outcome of the pre-bid conference (d) become familiar with conditions at the Town of Southold Transfer Station and Disposal Sites that may affect cost, progress, performance or furnishing of the work; (e) become familiar with and consider all federal, state and local laws, regulations ordinances, permits, approvals and orders that may effect the cost, progress, performance or furnishing of the work: (f) study and carefully correlate the Bidder's observations with the Agreement Documents; and (g) notify the Town Clerk of all conflicts, errors or discrepancies in the Agreement Documents. Reference is made to the following Appendices which contain supplemental information which is attached to and made part of the Agreement Documents: Appendix A: Sample Operating Agreement Appendix B: NYSDEC Part 360 Operating Permit Appendix C: Town of Southold Accident Report Reference is made to the Following information which is available for review by Bidders at the Town Clerk's Office during normal business hours - 8:00 A.M. to 4:00 P.M. Monday through Friday. Town of Southold Solid Waste Management Plan. This information is presented solely for the convenience of the Bidders and does not constitute part of the Agreement Documents. Bidders shall form their own conclusions and opinions from this information and shall confirm any information contained therein regarding facilities and equipment through site visits. The Town does not guarantee the accuracy of any information contained in these documents. Before submitting a Bid, each Bidder shall, at the Bidder's own expense, make or obtain any additional inspections, examinations, or'studies and obtain any additional data and information which may affect cost, progress, performance or furnishing of the work and which Bidder deems necessary to determine its bid for performing and furnishing the work in accordance with the time, price and other terms and conditions of the Agreement Documents. The failure or omission of the Bidder to receive and examine any form, instrument or document, or make required inquiries and inspections, shall not relieve the Bidder from any obligation contained in the Agreement Documents. The Town will be justified in rejecting any claim based on facts or conditions of which the Contractor should have been cognizant. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Bid Solicitation, that without 10 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. 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 4.2 Supplemental Information In addition to the aforementioned forms, the Bidder is. required to submit the following supplemental information with his bid: i. Operational Plan: A plan describing the Bidder's assessment of the requested operation set forth in Exhibit M. This section shall be divided into the following subsections: o Haul A detailed summary of requirements for manpower, materials and supplies, mobile equipment, etc., shall be included to provide the Town with general anticipated guidelines for performance under the Agreement. o Disposal A detailed summary of requirements of site capacity, useful life, hours and days of the week, operation, etc., shall be included to provide the Town with general anticipated guidelines for performance under the Agreement. A copy of the current Permits to Construct and Permits to Operate shall be included. If the Solid Waste Disposal Site is located outside the State of New York, a copy of the current applicable laws and regulations governing the design, construction and operation of the Disposal Site shall additionally be included. ii. Litigation: A section briefly describing any current litigation which in any way may affect the Bidder's operational capability of useful life of the Solid Waste Disposal Sites. iii. Subcontractors: If the Bidder intends to use one or more subcontractors to complete any portion of the work, the Bidder must so indicate this intent in its Bid. The Bidder is advised that any Agreement awarded will be contingent upon the use of the subcontractor(s) so identified. In the event that the Bidder desires to change the number or identity of such subcontractor(s), the proposed change must be submitted to the Town for approval. No such change shall be made without the Town's approval. In addition, it is the policy of the Town of Southold to encourage the participation of Minority Business Enterprises (MBE's) and Women- Owned Business Enterprises (WBE's) on Town projects. For this reason, the Agreement will require Contractor to use its best efforts to include among its subcontractors MBE and WBE firms. In the event the successful Bidder intends to subcontract in excess of twenty-five percent (25%) of the work, the Bidder will be required to submit to the Town an MBEIWBE Utilization Plan acceptable to the Town prior to the Town's execution of the Agreement. iv. Disposal Site Subcontractor: In the event the Bidder does not own the Disposal Site identified in its Bid, the Bidder shall furnish a statement, signed by an authorized representative of the Disposal Site, which provides for Bidder's use of the site pursuant to this Bid Solicitation in accordance with the Agreement Documents. THE SUPPLEMENTAL INFORMATION REQUIREMENTS MAY BE SATISFIED BY INCLUDING A REFERENCE TO AN INFORMATION SCHEDULE (A -M) IF THE SCHEDULE PROVIDES THE INFORMATION REQUESTED AND IS INCLUDED IN THE BID. 12 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 Binder. BIDS SHALL NOT BE QUALIFIED, MODIFIED, LIMITED OR RESTRICTED IN ANY WAY. In the event a specification is not applicable, it shall be so indicated. Incomplete bids may not be considered, depending on the nature of the missing information. 6.0 SUBMISSION OF BID Each Bidder shall submit TWO (2) 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 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: 13 Town Clerk Town of Southold 53095 Main Road Southold, New York 11971 No alterations to this Bid Solicitation will be considered valid unless in writing and issued as Addenda. All such addenda shall become part of the documents and all Bidders shall be bound by such addenda, whether or not received by the Bidders All questions must be received at least ten (10) calendar days before bid opening in order to be answered. It shall be the Bidder's responsibility to make inquiries concerning any addenda issued. All addenda will be on file at the Town Clerk's office at least twenty-four (24) hours before bids are opened. The Town will not be bound by oral clarifications. 7.0 BID GUARANTY Each Bid must be accompanied by a bid guaranty (Section C, Schedule 5.0.K), without condition or qualification, which shall be in the sum of one hundred thousand dollars ($100,000.00). The guaranty may be certified check, bank draft, money order, standard form irrevocable letter of credit, or a bid bond in the form attached. The bid bond shall be secured from a surety company authorized to do business in the State of New York as a surety. No Bid will be considered unless it is accompanied by the required guaranty, certified check, money order or bank draft must be made payable to the order of the Town of Southold. The bid bond shall name the Town as the obligee. Cash deposits will not be accepted. The bid guaranty shall ensure the execution of the Agreement and the furnishing of the surety bond or other required bonds by the successful Bidder, all as required by the Agreement Documents. All guaranties will be returned within ten (10) days after the execution of the Agreement and required bonds insurance and other Agreement Documents are received from the successful Bidder. 8.0 EXECUTION OF AGREEMENT/ FURNISHING OF BONDS The successful Bidder, or its legally authorized representative, shall be required to appear in person within ten (10) days of the Notice of Award by the Town at the place and time designated by the Town to execute the Agreement and other Agreement Documents for Haul/disposal services. The successful Bidder shall, at its own cost and expense, procure, execute and deliver to the Town the following documents within ten (10) days of formal Notice of Award by the Town. Performance Bond - A Performance Bond shall be in an amount of one million five hundred thousand dollars ($1,500,000.00). E 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 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 solid waste from the Town of Southold Transfer Station to Contractor designated Solid Waste Disposal Site(s) as set forth in Section B - Bid Specifications. B. Reserve and provide a minimum available capacity of 20,000 tons (52 weeks/year) yearly, allowing for seasonal and other peak periods. C. Provide evidence of all current valid state and Federal permits, licenses, local ordinances, etc., required by law to receive solid waste at the designated Disposal Site(s). D. Provide evidence of physical and financial capability to perform services described in the bid specifications. 10.0 SELECTION OF CONTRACTOR Bids will be evaluated only if accompanied by the approved form of bid guaranty. Only bids solicited from firms or combinations thereof, who have sufficient management, engineering capabilities, operating, and maintenance experience to fulfill the Town's goals and comply with the applicable local, state, Federal laws, ordinances, regulations e.g. New York State Department of Environmental Conservation, Resource Conservation Recovery Act and Federal Environmental Protection Agency guidelines will be accepted. The Town will review the bids and make a selection recommendation based on the evaluation criteria included in this Bid Solicitation or take such other action as it deems in its best interest. Any agreement awarded hereunder will be to the responsible Bidder whose Evaluation Unit Bid Price is the lowest. The Town of Southold reserves the right, in its sole discretion, to reject at bids submitted in response to this Bid Solicitation. 15 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. 14.0 INSURANCE AND BONDS 14.1 Insurance For the period from Agreement commencement date until one (1) year after Agreement termination date, Contractor must maintain insurance acceptable to the Town in the kinds and amounts set forth below. All such insurance coverage, shall be provided by companies licensed to do business in New York State and the state in which the Disposal Site(s) is (are) located. The Town of Southold and its agent shall be named as an additional insured and coverage shall not be changed or cancelled until thirty (30) days written notice has been given to the Town. Within ten (10) days of the Notice of Award, Contractor shall furnish to the Town, certificates of insurance, in a form satisfactory to the Town Attorney, evidencing such insurance. The kinds and amounts of insurance are as follows: A. Contractor's Insurance - Insurance for liability for damage imposed by law of kinds and in the amounts hereinafter provided covering all work under the Agreement, whether performed by Contractor or his subcontractors. The kinds and amounts of insurance are as follows: (1) Worker's Compensation Insurance - A Policy covering the operations of the Contractor in accordance with the provisions of Chapter 41 of the Laws of 1914 as amended, known as the Worker's Compensation Law, covering all operations Of the Contractor, whether performed by him or by his subcontractors. The Agreement shall be void and of no effect unless the person or corporation making or executing same shall secure compensation coverage for the benefit of, and keep insured during the life of said Agreement Hrl such employees in compliance with provisions of the Worker's Compensation Law. (2) General Liability (Comprehensive Form) Insurance - Contractor's liability insurance issued to and covering legal liability of the Contractor with respect to all work performed by him under the Agreement. The following insurance coverage shall be included: (a) Independent Contractor's Protective Liability - Covering work performed by subcontractors. (b) Completed Operations or Product Liability. (c) Contractual Liability. (d) Broad Form Property Damage (e) Personal 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: $ 15000,000.00 AGGREGATE LIMITS OF LIABILITY: $10,000,000.00 (3) Automobile Liability Insurance - Policy shall include coverage for all owned as well as non -owned and hired vehicles, and limits shall not be less than the following amounts: BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY Aggregate: $3,000,000.00 Aggregate: $3.000,000.00 Each Person Each Occurrence Each Occurrence $1,000,000.00 $1,000,000.00 14.2 Bonds Prior to the execution Of the Agreement. the successful bidder shall furnish to the Town a Performance Bond wherein the named obligee is the Town of Southold. The Performance Bond's purpose is to secure the faithful performance of the Agreement. The bond' amount shall be set forth in Section A-8.0. The bond shall be executed by a surety company approved by the Town authorized to do business in the State of New York and with an office or representative in Suffolk County, New York. The form shall be acceptable to the 17 Town of Southold and shall have a term through the completion of services. As an a 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 gent of contract administrator, the same or others shall be added as additional named obligee at no added costs to the Town, upon written request from the Town. 15.0 INDEMNITY (HOLD HARMLESS) Contractor shall agree to defend, indemnify and save harmless the Town against any and all liability, loss, damage, detriment, suit, claim, demand, cost, charge, attorney's fees and expenses of whatever kind or nature which the Town may directly or indirectly incur, suffer or be required to pay by reason of or in consequence of the carrying out of or the performance of the terms of such Agreement, or the failure to carry out any of the revisions, duties, services or requirements of such Agreement, whether such losses and damages are suffered or sustained by the Town directly or its employees, licensees, agents, engineers, citizens or by other persons or corporations, including any of the Contractor's employees and agents who may seek to hold the Town liable therefor. This indemnity shall include any and all claims, penalties or other losses or damages incurred by the Town as a result of enforcement or other proceedings by Federal, state or local government agencies relating to Contractor's Disposal Site(s) operation. This obligation shall be ongoing, survive the term of the Agreement and include, but not be limited to, claims concerning non -sudden environmental impairments. The Bidder agrees to join in the commencement of any action or proceeding or in the defense of any action or proceeding which in the opinion of the Town constitutes actual or threatened interference or interruption with the Town's rights hereunder, including all necessary appeals which may be necessary, in the opinion of the Town. 16.0 PAYMENTS Contractor shall receive monthly payments for services performed during the prior calendar month upon submission of an invoice (with a Town voucher) that shall contain an itemized list of municipal solid waste haul trips from the Town of Southold Transfer Station including the tonnage of municipal -solid waste and the manifest number for each load of municipal solid waste removed. Such payments shall be made within sixty (60) days of the Town's approval of Contractor's invoice. Contractor's monthly invoice shall include a daily summary of tonnage received by Contractor at the' Transfer Station. The 18 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. The term of this Agreement shall be two and one-half (2.5) years (30 months) starting July 1, 2015, ending December 31, 2017 with the potential for two (2) additional option years. The Town and the Contractor, by mutual consent, shall have the option of renewing this Agreement for up to two (2) additional one-year terms at the prices bid herein. Notice of this mutual consent to be expressed by the parties in writing not less than six (6) months prior to the expiration of the term in force (i.e., by July 1, 2017, and July 1, 2018). Similarly, notice by either party of the intent to reject any option year shall be submitted in writing by the same dates of each year. The Town reserves the right to terminate the Agreement at any time after the SUBSEQUENT AGREEMENT PERIOD (i. e., after December 31, 2017) of the Agreement for the purpose of entering into an inter- municipal solid waste haul/disposal Agreement with another Long Island Town by giving one -hundred eighty (180) days written notice to the Contractor. 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 Solid Waste 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. 19 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 certificates Contractor to provide insurance naming the Town as additional insured on all policies maintained by Contractor. 21.0 RIGHTS AND OPTIONS The Town of Southold, New York, reserves and holds at its discretion the following rights and options upon issuing this Bid Solicitation: 1. To award an Agreement to the candidate whose bid is judged to be the lowest responsible bid pursuant to Section 103 of the General Municipal Law of the State of New York. 2. To reject any and/or all bids. 3. To issue subsequent bid solicitations. 4. To issue additional and subsequent solicitations for statements of qualifications and conduct investigations or interviews with respect to the qualifications of each Bidder. 5. To designate another public body, private or public agency, group, or authority to act in its behalf for evaluation and Agreement negotiations. 6. To designate another public body, private or public agency, group, or authority to act in its behalf for contract administration of this project at any time during the Agreement period. 20 SECTION B BID SPECIFICATIONS (TE CHNICAL/MANA GEMENT) 21 SECTION B BID SPECIFICATIONS TECHNICAL/MANAGEMENT 1.0 REQUIREMENTS This request for bids is issued for the Town of Southold, State of New York, Town Hall, 53095 Main Road, Southold, New York, 11971 (Telephone (516) 765-1800) The effort, shall be known as the Town of Southold Solid Waste Transport and Disposal Service. The Town of Southold desires to issue an Agreement with a qualified Contractor to haul and dispose of a portion of its Solid Waste. The Town will need to dispose of approximately 38,000 tons of solid waste during the Initial and Subsequent Agreement Periods (i.e., 23,000 tons from July 1, 2015 — December 31, 2016, and 15,000 tons from January 1, 2017 — December 31, 2017). The Contractor will ensure the Town that solid waste will continue to be; 1 ) hauled INA TIMELYMANNER [SEE VECTION 6.3 pg 261 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 solid waste 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 solid waste from the Town of Southold Transfer Station as set forth herein. The Contractor's New York State Solid Waste Disposal Site(s) must be in compliance with all State of New York Department Of Environmental Conservation's and U.S. Government's Regulatory requirements, e.g., 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. 22 2.0 PROGRAM GOALS AND OBJECTIVES The goal of this project is the continued safe and reliable hauling and disposal of the solid waste materials 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 GUARANTEES This Agreement will not provide any guarantees with respect to the volume of waste to be hauled and/or disposed of by Contractor or the specific operational techniques and/or equipment to be employed by the Town in the handling of waste at the Town transfer station. The Town reserves the right to designate another public body, private or public agency, group or authority to act in its behalf for administration of the Agreement at any time during the term of Agreement. 4.0 CHARACTER OF THE SOLID WASTE The wastes which are to be hauled and disposed of under terms of this bid solicitation are to include typical municipal wastes from a rural community. This will include all waste types generated in private households, and, therefore, can include broken furniture, small appliances, and other wastes generated in a private home or apartment as allowed under 6NYCRR Part 360- 1.2(a) regulations and the Garbage, Rubbish and Refuse Law, Chapter 48 of the Code of the Town of Southold. Commercial waste may also be included in the solid waste stream. It may include any waste which is typically disposed of in dumpster or roll -off type container boxes at restaurants, small businesses, light industries, hospitals, office buildings etc. It should not 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 noncompliance loads will be compensated under Forced Accounting (Appendix A-9). 23 4.1 Quality and Characteristics The Town Of Southold's historical solid waste quantities and characterization data are available upon request. In 2014, approximately 16,700 tons of MSW was removed from the Southold Town Transfer Station in 733 tractor -trailer loads (for an average of 22.8 tons/load), however this total is expected to drop somewhat during the contract term. Bidders are cautioned that quantities may differ from historical averages and/or what is expected due to economic factors, recycling practices, etc. If the Contractor discovers any non-compliance waste (hazardous, regulated medical or special wastes), the Contractor shall notify the Town and dispose of [he noncompliance waste in accordance with local, state and Federal regulations. Compensation for such waste disposal services shall be provided for under Forced Accounting (Appendix A-9). The Town makes no specific representations in the foregoing disclosure. 5.0 PROGRAM ACTIVITIES 5.1 Collection The Town of Southold Transfer Station is open 7 days a week, except holidays, from 7:00 A.M. to 5:00 P.M. The Contractor will be expected to collect and remove solid waste from the Transfer Station during the following hours: Monday through Friday 7:00 A.M. to 4:00 P.M. The Transfer Station is closed on the following holidays: New Year's Day Columbus Day Martin Luther King Day Election Day President's Day Veteran's Day Easter Sunday '/z Thanksgiving Eve Memorial Day Thanksgiving Day Independence Day %2 Christmas Eve Labor Day Christmas Day '/z New Years Eve The Contractor must make transfer containers available for loading seven days a week. if requested, between 7:00 A.M. and 4:00 P.M. Removal of waste on Sundays is not always required. 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. 24 5.2 Loading Mode The Contractor shall fully prepare transfer containers for loading, including assuring that container covers or empty containers are left open. Solid Waste will be loaded by the Town at its Transfer Station using a front end wheel loader. After loading, Contractor will bring transfer containers to the Town's truck scales for weighing to prevent overloading and to document haul and disposal tonnages. Contractor will then cover (tarp) his load prior to leaving the site. If required by any local, state or Federal regulations or law, the contractor shall provide sealed containers for loading. This service shall be at the Contractor's expense and included in the unit price bid. 5.3 Town Of Southold Accident and Damage Policy The Contractor shall be required to prepare an Accident Report (See Appendix C) Of any accidents and/or damage that occur while performing services under the term of the Agreement. The Town of Southold shall immediately be notified of any major occurrences such as bodily injury of structural damage to the Town's Transfer Station. An Accident Report will be submitted to the Town within twenty-four (24) hours containing the date, time, location, and complete description of all incidents. The offending Parts or representative/e thereof shall also be recorded and required to sign the accident/damage report prior to departing the Town of Southold Transfer Station. All accident and/or damage reports will be included in reports to the Town 5.4 NYSDEC Part 360 Permit to Operate The -Town Of Southold operates the Transfer Station under a New York State Department of Environmental Conservation (NYSDEC) Part 360 Permit to Operate. A copy of NYSDEC Permit is included as Appendix B. 6.0 HAUL SERVICES For Solid Waste Haul -Disposal Services -Agreement, the following services will include the tasks, responsibilities and performance required as outlined herein. 6.1 Transport Mode The Town will consider a transportation mode of truck or truck and rail under this solicitation. 25 6.2 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 of truck and/or rail containers to accommodate the transport of solid waste from the Town transfer Station to Solid Waste Disposal Site(s) in accordance with all local, state, and Federal regulations. • Financial liability and maintenance responsibility of transport equipment, i.e., dump trailers, transfer trailers bulk material containers, vehicles, personnel and services for open -top loading solid waste hauling activities. Coordination of haul services with disposal services. 6.3 Equipment The Contractor shall provide reliable refuse handling and other essential ancillary equipment, along with personnel to operate and maintain a reliable haul services system in a manner that will satisfy the needs of the Town of Southold. The minimum level of haul services equipment acceptable to the Town to support the haul operation includes open -top trailers and bulk material containers. Under this solicitation, the town will require the contractor to stage an adequate number of transfer trailers to accommodate the anticipated waste stream comfortably. While the Town will not dictate the exact number of trailers to be placed, IN PRACTICE THIS SHALL BE INTERPRETED TO MEAN THE CONTRACTOR MUST AS A GENERAL RULE SUPPLY SUFFICIENT LOADING CAPACITY SUCH THAT NO. MORE THAN A SINGLE TRAILER LOAD OF PUTRESCIBLE WASTE IS LEFT ON THE TRANSFER STATION TIPPING FLOOR AT THE END OF EACH DAY. FAILURE TO DO SO MAY RESULT IN THE CONTRACTOR BEING DECLARED IN BREACH OF CONTRACT IN WHICH CASE THE TOWN RESERVES THE RIGHT TO SEEK ALTERNATE HAUL -DISPOSE SERVICES UNTIL ADEQUATE ACCOMMODATION OF THE WASTE STREAM IS RESTORED, SUCH ALTERNATE ARRANGEMENTS TO BE AT THE SOLE COST AND EXPENSE OF THE CONTRACTOR. The contractor must assure the Town that an adequate reserve supply of equipment exists to haul and dispose of the daily and seasonal solid waste 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. solid waste, etc., to assure equipment compatibility. Transport equipment used at the Southold Town Transfer Station may be open -top bulk material containers, dump trailers, roll -off containers or open -top transfer trailers, 26 provided that all such equipment is suitable for convenient loading given existing configurations of the Town of Southold Transfer Station. All Transport equipment, including equipment involved in any interim transfer operation (i.e., any transfer of Southold Town MSW into other vehicles/containers prior to disposal) shall be: 1) Registered with the State of New York Department of Motor Vehicles or equivalent agency; 2) designed to preclude spillage of waste; 3) loaded within their design capacity and New York State Department of Transportation regulations; 4) well maintained in good working order. Corroded defective, bent, deformed or punctured trailers, roll -off boxes, or other containers of waste materials shall not be utilized at any time. Suitable covers shall be provided and used while transporting solid waste in open -top transport equipment. The bidder shall clearly indicate [he 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 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. 6.4 Weighings The Town of Southold will provide certified weighing at the Town of Southold Transfer Station. The Contractor will accept these weights for invoicing purposes. All weights will be generated on current certified weigh scales. 6.5 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. 27 7.0 DISPOSAL SERVICES PROGRAM ACTIVITIES For Solid Waste 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: Disposal Site capacity. Flexibility of Disposal Site capacity to allow for seasonal variances in waste generation and sufficient to permit service in the tonnages bid. Hours and days of the week that the designated Disposal Site will be open for receiving solid waste 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 solid waste at any and all Disposal sites designated by the bidder. Because of the varying terms of Solid Waste 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 Solid Waste Disposal Site at no additional cost to the Town including any additional hauling cost because of the location of the alternate Disposal site. Under no circumstances shall such a change in Disposal Site or failure or inability to obtain permits by the Contractor be considered a change in conditions, in the event the Contractor is unable to find an alternate Disposal Site, it shall be deemed to be in default of the Agreement and liable for damages, bonds forfeitures and other expenses as provided in the Agreement. In the event the individual and/or entity submitting a bid in response to this bid solicitation is not the individual and/or entity named as the permit holder on any necessary current and valid local, state or federal permits, licenses or other authorizations, required by law to receive solid waste 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 solid waste disposal site during the term of Agreement, or portion thereof, in a manner which is in complete compliance with this bid solicitation and the bidder's bid submission. The agreement between the bidder and the permit holder shall include provisions that: 1. Provide Town with the right to discuss operational matters with the permit holder whenever necessary. 2. Require the permit holder to comply with directives of the Town which are consistent with and pursuant to the Agreement which shall result from this bid solicitation. 7.3.1 Disposal Sites Inside State of New York The Contractor's Solid Waste Disposal Sites, if located within the State of New York, must be in compliance with all State of New York Department of Environmental Conservation's and U.S. Environmental Protection Agency regulators requirements, e.g., 6NYCRR Part 360, Resource Conservation Recovery Act (RCRA), Environmental Protection Agency - Subtitle D, et al. The Solid Waste 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 solid waste 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 that will be considered include land disposal, waste to energy (incineration), composting, etc., as long as they comply with all the above governing regulators requirements and environmental standards. The use of Solid Waste Disposal Sites shall be subject to the approval of the Town of Southold based upon review of information submitted with the bid describing in detail the nature of the disposal process and other information reasonably requested by the Town. No Disposal Site shall be acceptable unless it poses no significant threat to the environment and its design, construction and operation complies with all applicable laws. 29 7.3.2 Disposal Sites Outside State of New York The Contractor's Solid Waste Disposal Sites, if located outside the State of New York must be in compliance with all the applicable local, state and Federal laws and regulations and U.S. Environmental Protection Agency regulatory requirements, e.g. Resource Conservation Recovery Act (RCRA), Environmental Protection Agency - Subtitle D, et al. The Solid Waste 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 solid waste 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. If the Solid Waste Disposal Site is a landfill, it must comply with the following minimum standards: • Liner System. All proposed landfills under the Agreement shall be provided with at leasta single liner system to restrict the migration of leachate and prevent pollution of underling soil or groundwater. Liner systems shall consist of low permeability soil admixtures, clays or synthetic materials. Liners are at a minimum to consist of materials having a demonstrated hydraulic conductivity and chemical and physical resistance not adversely affected by waste emplacement or sanitary landfill leachate, including synthetic geo-membranes and soils such as clay or other semi -impervious admixture. Liner systems may consist of an impervious liner composed of at least two feet of clay with demonstrated hydraulic conductivity of lx 10-> cm/sec or a synthetic single lining system of a thickness of at least 60 mils. Thicknesses down to 40 mils may be acceptable for composite liners which include impervious clay. Foundation: The proposed landfill shall be designed and constructed on an appropriate foundation which provides firm, relatively unyielding planar surfaces to support the liner system and which is capable of providing support to the liner and resistance to the pressure gradient above and below the liner resulting from settlement, compression or uplift. Leachate Collection: The proposed landfill shall be equipped by a leachate drainage and removal system. The leachate drainage system -shall consist of collection pipes and a drainage layer. The system shall be designed to ensure that the leachate head on the liner does not exceed one foot at any time. A leachate removal system shall be provided to remove leachate within the drainage system to a central collection point for treatment and disposal. Leachate Treatment and Disposal: Leachate shall be treated and disposed of in accordance with all applicable taws, including applicable pretreatment standards and discharge limitations. 30 Gas Collection and Venting: The proposed landfill shall be equipped with a suitable gas collection and/or venting system which complies with all air pollution requirements and other applicable laws. Surface Drainage Systems: The proposed landfill shall be designed with an appropriate surface drainage system which isolates the landfill from adjacent surface water drainage in a controlled manner, as well as controlling run-off from the landfill itself. Monitoring System: The proposed landfill shall be equipped with appropriate systems to monitor groundwater quality, gas production, leachate volume, quantity, slope and settlement status. The number and location of ground water monitoring wells shall be sufficient to define and detect any potential migration of contaminants. However, no fewer than one up -gradient monitoring well and two down -gradient monitoring wells shall be provided in any event. A regular sampling and analysis program shall be in place to verify that no groundwater contamination results from the landfill. Closure: The proposed landfill shall have in place a written closure plan which conforms to applicable taws and standard industry practice. The closure plan shall, be designed to insure that contamination does not spread from the landfill during) the post closure period. 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 Solid Waste 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 solid waste at an approved site. 7.4 Weighings The Town will compensate the Contractor for waste material hauled and disposed of on a net tonnage basis (short tons = 2000 pounds). The certified weighings will be made at the Southold Town Transfer Station. The Disposal Site will accept these weights for invoicing purposes. Alt weights will be generated on current certified weigh scales. In the event of any dispute over differences in net weights between the Town and Disposal Sites scales and weight records, the Town may make payment upon the weight it deems to be most correct, until the dispute is reconciled. Any claims for differences must be filed in writing within sixty (60) days of occurrence or the Town's calculation shall be deemed final and binding between the.parties. 3l 8.0 SAFETY AND HEALTH REGULATIONS The Contractor shall comply with all current Federal Department of Labor, Safety and Health Regulations under the Occupational Safety and Health Act, 1972 (PL 91-596) and Section 107, Agreement Work Hours and Safety Standards Act (PL 91-54). Specific consideration shall be given, but not limited to the following major areas: a. Maintenance safety procedures - guards and Shields on dynamic equipment, guards, railings, electrical lockouts, vehicle wheelblocks, audio vehicle backup alarms, vehicle wheel chocks, etc. b. Employee safety orientation, education, teaching, first-aid training, cardiopulmonary resuscitation, etc. C. Noise and dust control, ear protection, respirators, hard-hats, safety shields, glasses, protective clothing, sanitary facilities, etc., d. Fire and explosion preventions, control, equipment (fire blankets, extinguishers, first aid hoses, etc.) and personnel escape alternatives. e. Traffic flow control patterns. f. Accident or injury reporting system (the Town shall received copies of al - reports and immediate verbal notification). g. Employee health safeguards. h. Mechanic's lien safeguard against work interference. The Contractor shall comply with all local, state and Federal regulations, laws and Statutes, which apply to the work and to safety in particular. The Contractor shall comply with New York State Department of Labor current requirements. The Contractor shall be solely and completely responsible for operational safety during performance of the Agreement. The obligation exists twenty-four (24) hours a day, each and every day throughout the term of the Agreement. The Town of Southold shall not have any responsibility for means, methods, sequences of techniques selected by the Contractor for safety precautions and programs, or for any failure to comply with laws, rules, regulations, ordinances, codes or orders applicable to the Contractor furnishing and performing the services under the terms of the Agreement. 32 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, modification's, and updates shall be forwarded to the Town throughout the term of the Agreement. Organization personnel and structure, showing the chain of command, names and telephone numbers and staffing requirements. Operational plan - shifts, hours, etc. Safety, disaster, and emergency procedures. Transportation plan, including available transport equipment, vehicle fleet and reserve capabilities. Inclement Weather Plan - This shall describe the bidder's plan should inclement weather alter normal daily operations as described in the bidder's operations plan. The inclement weather plan shall include hauling operations and disposal operations. The bidder's means of assessing inclement weather conditions (weather and road conditions), method of reporting to the Town and the alternatives shall be described. 9.1 Supporting Data In the event the Town requires any information in support of Town held licenses and permits at the Town, County, State and Federal level, the Contractor will be required to furnish all licenses, permits and inspection reports regarding equipment and disposal sites which may be required by Town, County, State or Federal law. In the event the Contractor requires any information in support of Contractor held licenses and permits at the Town, County, State and Federal level, the Town will cooperate in furnishing such information as it applies to the Southold Town operations. Operating (hauling and disposal) records shall be considered essential to the operation. The Contractor shall keep these data in an organized fashion that allows for easy retrieval and analysis. The Town, or its designee, may upon 24 hours notice inspect the contractor's records. Such records shall he kept, available by Contractor for a period of two (2) years after termination of this Agreement. In the event the Town requires additional .information for reporting purposes, the Contractor will supply same. The Town, or its designee, may call upon the Contractor at anytime for an oral review of any technical matter. The Contractor shall file and update the following information as specified herein. Items Due Haul Equipment (Schedule H) as changes occur Haul Accident Report (Appendix C) on occurrence Disposal Accident Reports Licenses, Permits and Inspection Reports Part 360 Permit All Bid Information Schedules on occurrence on occurrence as changes occur as changes occur 34 SECTION C TOWN OF SOUTHOLD SOLID WASTE 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 Solid Waste Haul -Disposal Services Agreement and therefore any discrepancies contained in the documents, of the omission from the documents of express reference to any work which obviously was intended under the Agreement, shall not excuse or relieve the Bidder from furnishing the same. No oral statement shall in any manner or degree modify of otherwise affect the terms of the Agreement. Work or materials described in words which have a well known technical or trade meaning, shall be interpreted by such meaning. 2.0 GENERAL BID. STATEMENT TO: TOWN OF SOUTHOLD STATE OF NEW YORK 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 Gentlemen: The undersigned Bidder has carefully examined the forms and content of the Bid Solicitation, including notice to bidders, bid bond, sample operating agreement, performance bond, certificates of insurance, genera! 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 by the Town, and the unit price Bid herein stated. 36 2.1 The Undersigned Bidder also agrees as follows: FIRST: If this bid is accepted, to execute the Agreement through a separate written contract and furnish to the Town a satisfactory perforinance bond, and insurance all within ten (10) calendar days. SECOND: To begin Solid Waste Haul -Disposal services operations on the commencement date of any Agreement awarded hereunder, having completed all necessary prior preparations of operational planning, personnel hiring, equipment procurement, subcontractor contractual agreements, and ancillary facilities, etc.; to assure a smooth and orderly acceptance of these duties. THIRD: To pay the Town any and all damages it may incur as a result of the Contractor's failure to 'perform all acts necessary to the execution of the Agreement as provided in the Bid Solicitation. It is recognized and agreed that the Town has the unconditional right to utilize the funds provided by the bid bond posted by the Bidder as a means of obtaining indemnification or, payment of such damages. FOURTH: During the performance of this Agreement, the Contractor hereby agrees as follows: a. The Contractor shall not discriminate against any employee or applicant for employment because of age, race, creed, color, sex, marital status, national origin, physical disability, and shall take affirmative action to ensure that they are afforded equal employment opportunities without discrimination because of age, race, creed, color, sex, marital status, national origin or physical disability. Such -action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination, rates of pay, or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. b. The Contractor shall comply with the provisions of Sections 290 through 301 of the Executive Law, Shall furnish all information and reports deemed necessary by the State Commission for Human Rights under these nondiscrimination clauses and such sections of the Executive Law, and shall permit access to his books, records, and accounts by the State 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 37 of the state, until he satisfies to the State Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these nondiscrimination clauses. Such findings shall be made by the State Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these nondiscrimination clauses and after verified complaint has been filed with the Commission, notice thereof has been given to the Contractor, and an opportunity has been afforded to him to be heard publicly before three members of the Commission. Such sanctions may be imposed and remedies invoked independently or in addition to sanctions and remedies otherwise provided by law. d. No laborer, workman or mechanic in the employ of the Contractor or subcontractor shall be permitted or required to work more than eight hours in any one calendar day, or more than five days in any one week except as otherwise provided in Labor Code Section 220. e. The Contractor shall include the provisions of clauses (a) through (e) in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within the State of New York. The Contractor will take such action in enforcing such provisions of such subcontract or purchase order as the Town may direct, including sanctions and remedies. FIFTH: By submission of this bid, the Bidder and each person signing on behalf of any Bidder certifies, and in case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury that to the best of his knowledge and belief: a. The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor. 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. 2.2 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. 38 The undersigned further understands and agrees that it is or they are to furnish and provide in return for the respective Evaluation Unit Bid Price, all the necessary materials, machinery, vehicles, implements, tools, labor services, and other items of whatever nature, and to do and perform all work necessary under the aforesaid conditions, to complete operations of the aforementioned Solid' Waste 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. 2.3 The undersigned submits herewith a bid guaranty within the form provided by the applicable bid documents in the amount of $100,000.00 for any option or combination thereof. In the event this proposal is accepted, and the undersigned fails, within ten (10) calendar days after date of receipt of Notice Of Award from the Town to execute and deliver an Agreement in the form provided by the Town or fails to execute and deliver evidence of proper insurance coverage and performance bond in the amounts required and in the prescribed form within ten (10) days after Notice of Award, the bid guaranty Shall be forfeited and be retained by the Town toward the satisfaction of liquidated damages and not as a penalty. Otherwise, the total amount of bid guaranty liquidated will be returned to the Bidder. 2.4 The undersigned acknowledges the receipt of the following addenda, but it agrees that it is bound by all addenda whether or not listed herein and whether or not actually received, it being the Bidder's responsibility to receive and have knowledge of all addenda. Y ADDENDUM NUMBER AND DATES Number 1 - Dated: Number 2 - Dated: Number 3 - Dated: Number 4 - Dated: Number 5 - Dated: 2.5 The Bidder has completed the Contract Bid Form and Unit Price Schedules in both words and numerals in accordance with these bid requirements. 39 3.0 UNIT PRICE BID SCHEDULE SOLID WASTE HAUL -DISPOSAL SERVICES SOUTHOLD TOWN, NEW YORK 3.1 COMPENSATION The undersigned hereby submits the following price bid to furnish Solid Waste Haul - Disposal Services, to Southold Town, New York for the terms f Is through 0 Xl3 01 l i Q Lys �q.'as HAUL -DISPOSAL SERVICES The Haul -Disposal Service applicable unit price per ton for the INITIAL AGREEMENT PERIOD (July 1, 2015 — December 31, 2016) is �► ��.-6 4) V e dollars and cents ($ E.S. 7 8 ). (CI) The Haul -Disposal Service applicable unit price per ton for the SUBSEQUENT AGREEMENT PERIOD (January 1, 2017 — December 31, 2017) is dollars and ents ($ � 2 . S 6 ). (C2) The Haul -Disposal Service applicable unit price per ton for agreement OPTION year ONE (January 1, 2018 — December 31, 2018)` is — k3r� dollars and /_1_ —CT , cents ($ 11. �a ). (0) The Haul -Disposal Service applicable unit price per ton for agreement OPTION year TWO (J nuary 1, 2019 — December 31, 2019) is y � �` — _� dollars and cents (C4) 2H 3.2 EVALUATION UNIT BID PRICE FORMULA Evaluation Unit Bid Price = (C 1)23,000+(C2)15,000 38,000 tons Evaluation Unit Bid Price = $ Bidder: W' V" TTr.c g rs 6001 -Al A un V j_P ,.V LLC- ve" a Irvosc.� �,,�/ NY /)SID Firm-Corporation dress By: J, Authorized Representative 4.0 BID SECURITY ACKNOWLEDGEMENT Date I have attached the required bid security to this bid. 5.0 INFORMATION SCHEDULES chhT 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). �Rr ��, a,�»L Pott -v/ &—r I 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). 41 F. Statement of Bidder's Qualifications and related expeiiences (Schedule F, attached hereto). G. Major Subcontractors - (Schedule G, attached hereto). H. Equipment- (Schedule I I, attached hereto). I. Maximum Specified Capacity- (Schedule 1, attached hereto), J. Information on Bidder's Solid Waste Disposal Site(s) (Schedule J attached hereto). K. Form of Bid Bond (Schedule K, attached hereto). L. Perfomance Pond (Schedule L, attached hereto). M. Operation Plan (Schedule M, attached hereta). Dated: 5/6/2015 Natne of Bidder: Winters Bros. Hauling of Long Island. LLC Address of Bidder: 1198 Prospect Avenue Westburv. NY 11590 Business Devel Title Corporate Seal tI f Cprpoxati oil) lncorparated tinder the laws of the State of Names and addresses of officers of the dW#4W&i.Kd J/ LLC - SEE ATTACHED (President) Name Address (Secretary) Name Address IYA (Treaswc,r) Name Address tlf an individual or partnetsbip) Names axed addresses of all pi-uicipals or panners 43 ANNEX 1 Winters Bros. Hauling of Long Island, LLC A. Applicant/Bidder: Winters Bros. Hauling of Long Island, LLC B. Organizational Structure of Applicant/Bidder: • Winters Bros. Hauling of Long Island, LLC, is a Delaware, member -managed limited liability company, whose sole member is Winters Bros. Waste Systems of Long Island, LLC. • Winters Bros. Waste Systems of Long Island, LLC, is a Delaware, member -managed limited liability company, whose sole member is Winters Bros. Waste Systems of Long Island Intermediate Holdings, LLC. • Winters Bros. Waste Systems of Long Island Intermediate Holdings, LLC, is a Delaware, member -managed limited liability company, whose sole member is Winters Bros. Waste Systems of Long Island Holdings, LLC. • Winters Bros. Waste Systems of Long Island Holdings, LLC, is a Delaware, manager -managed limited liability company. C. Board of Managers of Winters Bros. Waste Systems of Long Island Holdings, LLC: Name Address Joseph M. Winters 1198 Prospect Avenue Westbury, NY 11590 Sean P. Winters 1198 Prospect Avenue Westbury, NY 11590 Michael Castellarin 22 St. Clair Avenue East Suite 1700 Toronto, Ontario, Canada M4T 2S3 Jon -Ian Lui 22 St. Clair Avenue East Suite 1700 Toronto, Ontario, Canada M4T 2S3 4820-6298-1922, v. 1 D. Officers of Winters Bros. Waste Systems of Long Island Holdings, LLC: Name Title Address Joseph M. Winters President and Chief (see above) Executive Officer Sean P. Winters Vice President (see above) E. Members of Winters Bros. Waste Systems of Long Island Holdings, LLC (holding an interest of 5% of more): Name Address Joseph M. Winters (see above) Sean P. Winters (see above) CEP V-A WBLI AIV Limited Partnership 22 St. Clair Ave. East Suite 1700 Toronto, Ontario, Canada M4T 2S3 CEP V WBLI US Blocker Company 22 St. Clair Ave. East Suite 1700 Toronto, Ontario, Canada M4T 2S3 F. Authorized Signatories of Winters Bros. Hauling of Long Island, LLC: Name Title Joseph M. Winters President Sean P. Winters Vice President 4820-6298-1922, v. 1 INFORMATION SCHEDULE A Town of Southold Bid Prgject Solid Waste Haul -]disposal Services This Bidder Winters Bros, Hauling of Long Island LLC herein certifies that as a (Pidder's legal name) Bidder, it does not onuently owe delinquent taxes or other outstanding I~unds, of leaving pending or currently involved in any litigation involving the Town of Southold, State of New York. NOTE: Damef Bidder: Winters Bros. Hauling of Long Island, LLC By: Date: 5/6/2015 (A-athori d ignatum) (1) if blank not applicable, fill in with NI /A (2) If bidder awes the 'Town taxes or is involved in any litigation, a statement of explanation will be attached hereto. Tax/Litigation Oertificatidn BID (PROPOSAL) FORM MFORMATION SCI4EDULE B Schedule 5.0.A Page I of 1 44 Town of Southold Bid Project Solid Waste Maul -Disposal Services The following is Wforrnation on thr, undersigned Bidder's cff"ics locations: Pidder's Main Office 1198 Prospect Avenue, Westbury NY 11590 _Mark Troiano Maaager's Name (Contact) Winters Bros. Hauling of Lonq Island, LLC Firm's Legal Name .._ 1.198 Prospect Avenue Street Addmss (Box NumbeT8) Westbury NY 11590 „ City State Zip _(516 937-0900 Telephone Number Bidder's Parent Corporation Main Office 1198 Prospect Avenue, Westbury NY _ 11590 , Mark Troiano Manager's Dame (Contact) Winters Bros. Waste Systems of Long Island.,_ LLC Parent Firm's Legal Name 1.198. Prospect Avenue_. Sivet Address (Box Lumbers) Westbury NY 11590 City State Zip - (516) 937-0900 Telephone Dumber The Badder lietein certifies t1lat the Winters Bros. Haulinq of Long Island, LLC .. ......... . .. . ..... ... ... .. . __. Firm is , tt th-vholly owned subsidiary of Winters Bros. Waste Systems of Long Island, LLC. Parent Firm This Winters Bros.�Recyclinq of Long Island, LLC is owned 100 Parent Finn By Winters Bros Waste Systems of Long Island, LLC Bidder Office Locations/Ownership Certification BID (PROPOSAL) FORM INFORMATION SCHEDULE B - Continued) Schedule 5,02 Page I of 2 M r - Name of Bidder: Winters Bros. Hauling of Long Island, LLC T By: Mark Troiano Date: 5/6/2015 Note; (1) Any attachments or m.odifxcatims to this form sball be Iabeled Schedule 5.11, anti properly integrated into the Bid Foran, (2) If blank not applicable, fill in with N/A. .bidder Office Location/Ownership Cerdfication BID (PROPOSAL) FORM INFORMATION SCHEDULE C Schedule 5.0.B Page 2 of 2 46 Town of Southold Bid Project Solid Waste Haul -Disposal Services This is identification that International Fidelity Insurance Company will be the Surety Company for Winters Bros. Haulingof f Long Island, LLC 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. (SEAL) Surety Verification BID (PROPOSAL) FORM Winters Bros. Haulingof f Long Island, LLC Principal Jnternational Fidelity Insurance Company Surety Company By: Arthur L. Colley, Atto -in-Fact Schedule 5.0.0 47 to Ts4:(973) 6244 06- 4V PP P ATTnRMFY INTERNATIONAL FIDELITY INSURANCE. COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102»5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the. laws of the State of New Jersev. and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New.Jersey, do hereby constitute and appoint BONNIE T. ATNIP, ARTHUR L. COLLEY, NICOLE M. COLLEY Charlotte, NC. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts or maemnity and other writinggs obligatory Wthe nature thereof, which are or may be allowed, required or permitted by law, statute rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and. ALLEGHENY .CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authorifty of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of. July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, Chief Executive Officer or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds undertakings, recognizances contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for accepfiance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of. any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 22nd day of July, 2014 STATE OF NEW JERSEY County of Essex , ROBERT W. MINSTER Chief Executive Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 22nd day of July 2014, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn; said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Soards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my.Official Seal, at the City of Newark, New Jersey the day and year first above written. Z NOTARY Z. : r r D rn : =� PUBLIC ANOTARY PUBLIC OF NEW JERSEY .°? ... •'.p . My Commission Expires April 16, 2019 SOF NE14 `. CERTIFICATION 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that t have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and Is now in full force and effect. IN TESTIMONY WHEREOF, i have hereunto set my hand this 2nd day of May, 2015 MARIA SFZANCt7, Assistant Secretary z I INFORMATION SCHEDULE Q Town of Southold Bid Project Solid Waste Haul -Disposal Services The Ridder herein certifies that the below named individuals are the cauvikt registered corporate officers, along current permanent addresses, and deskgnates their authority to execute an Agteement on behalf of the firm SEE ATTACHED Officer's Dame S-ubsidiaTy Corporate Title Address City State, Zip Off'icer's Name Subsidiary Corpotate Title Address City State, Zip Officer's Name Subsidiary Coiporate Title Address City State, Zip_ CU]Tent Corporate Officers BID (PROPOSAL) FORM Officer's lame Parent Corporate Title Address City State, Zip Officer's Name Parent Corporate 'Title Address City State, Zip Officer's Name Parent Corporate Title Address city State, Zip Schedule 5.0.D Page 1 of 2 INFORMATION SCEDULE D - (Continued) 48 ANNEX 1 Winters Bros. Hauling of Long Island, LLC A. Applicant/Bidder: Winters Bros. Hauling of Long Island, LLC B. Organizational Structure of Applicant/Bidder: • Winters Bros. Hauling of Long Island, LLC, is a Delaware, member -managed limited liability company, whose sole member is Winters Bros. Waste Systems of Long Island, LLC. • Winters Bros. Waste Systems of Long Island, LLC, is a Delaware, member -managed limited liability company, whose sole member is Winters Bros. Waste Systems of Long Island Intermediate Holdings, LLC. • Winters Bros. Waste Systems of Long Island Intermediate Holdings, LLC, is a Delaware, member -managed limited liability company, whose sole member is Winters Bros. Waste Systems of Long Island Holdings, LLC. • Winters Bros. Waste Systems of Long Island Holdings, LLC, is a Delaware, manager -managed limited liability company. C. Board of Managers of Winters Bros. Waste Systems of Long Island Holdings, LLC: Name Address Joseph M. Winters 1198 Prospect Avenue Westbury, NY 11590 Sean P. Winters 1198 Prospect Avenue Westbury, NY 11590 Michael Castellarin 22 St. Clair Avenue East Suite 1700 Toronto, Ontario, Canada M4T 2S3 Jon -Ian Lui 22 St. Clair Avenue East Suite 1700 Toronto, Ontario, Canada M4T 2S3 4820-6298-1922, v. I D. Officers of Winters Bros. Waste Systems of Long Island Holdings, LLC: Name Title Address Joseph M. Winters President and Chief (see above) Executive Officer Sean P. Winters Vice President (see above) E. Members of Winters Bros. Waste Systems of Long Island Holdings, LLC (holding an interest of 5% of more): Name Address Joseph M. Winters (see above) Sean P. Winters (see above) CEP V-A WBLI AIV Limited Partnership 22 St. Clair Ave. East Suite 1700 Toronto, Ontario, Canada M4T 2S3 CEP V WBLI US Blocker Company 22 St. Clair Ave. East Suite 1700 Toronto, Ontario, Canada M4T 2S3 F. Authorized Signatories of Winters Bros. Hauling of Long Island, LLC: Name Title Joseph M. Winters President Sean P. Winters Vice President 4820-6298-1922, v. 1 Officer's Maine Subsidiary Corporate 'Title Address-------- city ddress-------- City State, Zip O£ficees Dame Parent Corporate Title Address City - State, Zip Name of Bidder: Winters Bros. Hauling of Long Island, LLC Corporate By: ► vV Mark Troiano Date: 5/6/2015 NOTE: If blank not applicable, :rI11 in. with N/A Current Corporate Officer 1311) (PROPOSAL) FORM INFORMATION SCHEDULE .E Schedule 5.0.D Page 2 of 2 49 Town of Southold Bid Project Solid Waste Haul -Disposal Services STATEMENT OF BIDDER'S FINANCIAL CONDITION V4'V4 �Rrs bs v, as_ 14 . ,.U,- " („L,R� PA 1_4 ►'+1 r LLQ 1 1. This Bidder agrees to provide for any subsip ary and parent firm, and hereto attaches a .SQA 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: �\SXA L6 -Q"3 -e ms 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. p3a10 P rP0L1 0vny�� J9 1 % 9b 1 r �l /Y iilirC�n l �/ �� ® p L LL iy 0 p 7PY 2 � 4 ipv Q.Oc� dy . 4-� COIF bt'n Bidder's Financial Condition / Schedule 5.0.E BID (PROPOSAL) FORM Page 1 of 2 INFORMATION SCHEDULE E - (continued) 50 The undersigned hereby authorizes and requests any person, firm or corporation to fumish any information requested by Town of Southold, New York in verification of the firms financial condition. Dated at�) 6 ? s� W tv ln►�c µ c.j u ca (j 1 is // This day of 6"N20 � , 111Y �r�l �' 7�veri�v / Name of Bidder c� s Title State of New York, County of c -P 7t> wf\lL 1 K o i p &, being duly sworn deposes and saws that he is gV.s, ,%ccr of (a')4QiS' 0)-6-s Ae,Liv ue Title Name of Organizatioii \j and that the answers to the foregoing questions and all statement therein contained are true and correct. Sworn tome this day of 20 4 My Commission expires: V �VLO Noary Public MARY ALEXIS RAY NOTARY PUBLIC -STATE OF NEW YORK No.01RA6246753 Qualified in Queens County My Commission Expires August 15, 2015 NOTE: (1) (Bidder may submit additional information desired as Schedule E attachments.) (2) If blank not applicable, fill in with N/A Bidder's Financial Condition BID (PROPOSAL) FORM INFORMATION SCHEDULE F Schedule 5.0.E Page 2 of 2 51 WMITERN BM00 WASTE SYSTEMS May 4, 2015 Town of Southold Office of the Town clerk Southold Town Hall 53095 Main Road Southold, NY 11971 Re: SOLID WASTE HAUL AND DISPOSAL SERVICES 2015 To Whom It May Concern: This letter is in.response to the requested financial information of the above referenced bid. The Winters family began doing business on Long Island in 1954. The family grew their business into Long Island's largest waste and recycling company until they sold to Progressive Waste in 2007. The family had a five year non -competition agreement on Long Island, so in that period of time they purchased a company in Connecticut and built it from an unprofitable losing entity into a tremendous success story. That company continues to flourish in Connecticut. When the opportunity presented itself, Winters reentered the Long Island Marketplace by purchasing Detail Carting, a company based in Bohemia, in early 2014. In the fall of 2014, Winters began working on repurchasing the company it sold to Progressive back in 2007. The transaction was closed effective March 1, 2015 with the assistance of our financial partners Clairvest Financial and Comerica Bank, and the Winters family once again owns and operates the premier waste and recycling company on Long Island. The company does not have financial records for the past three years on Long Island, so please consider the past history and the strong financial position it is in today when considering meeting your bidding criteria. I am happy to answer any questions you may have on behalf of Winters Bros. Sincerely, Thomas Ferro, CPA Chief Financial Officer 1198 PROSPECT AVENUE, WESTBURY, NY 11590 O: (516) 937-0900 O: (631) 491-4923 F: (516) 334-3205 Town of Southold Bid Project Solid Waste Haul -Disposal Services The Bidder hmin certifies that it is qualified to perforin 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 releted information and references in order that the Town may evaluate the Bidder's qualifications and experience. 1. Bidder's Legal Name: Winters Bros. Hauling of Long Island, LLC I $usiness Address: 1198 Prospect Avenue Street - Westbury - NY 11590 City - - State Zip - 3. State incorporated: Delaware Year irtcoap.: 2014 4. New Yoa-k State; Business License No.: n/a S. No. Years in contracting business under above name: 1 yr (Winters Bros has 20+ yearyeam, in this business) 6. Has firm ever defaulted an a contract? Yes No X 7. Gross Value - work Under current contract: $ > 10 mil per year 8. Number of CurTent ContTaet$: 5 9. Brief description general work peTform.ed by hrm: Collection, Processing, Haulin anted Disposal of MSW, C&D, Rec clables 10. Has Firm ever failed to complete work awaxdEd? Yes If yes, attach supporting staternent as to circumstances. Qualifications Summary BID (PROPOSAL) FORM INFORMATION SCl-lEQULE F nu cd) - No _ _ X Schedule 5.0.F Page 1 of 3 6% 11. Relatcd Experience Reference (within previous 5 years) Project Title Owner's Dame: �e -� (2),� Address: Com' S ��✓ �--eT /_`� Rngineer: �- r� o .._. .-e -e�� . o �2._ __ .. ✓i _��n. e - 1 Address:�W,.kflaoii- A/ /f %� Pralect Initial Stmi Date: Project Acceptance Date: 7-N ®,d� Initial Rid Value: $ 11�Dv.,, LVC.),n Final Complete Project Value: $ Brief Project Description:kA 11.2 Project TitIe: b c,.l o 1 d 14 —,9.1-e., v_. Owner's Name..�2 Address: [.�o'd1, - - & -�e,4- �� ,it% 91 �% : Engineer: �,V--cj Address: UJ v ��.. '� ! l ca a Project Initial Start Date: Project Acceptance Date: Initial Rid V aluc: $ 0,--W AA', dc,-, v, Final Complete Project Value: $ ea i %,e2 i 4a Brief ProjectDescaiption:��-r,..c� ��- ��5,��� A4Sw Qualifications S'ammary Schedule 3.0.13 BID (PROPOSAL) FORM Page 2 of 3 11.3 Project Title: Sc)c. "0 - \ 0 V 53 Owner's Name Adch-ess: 5-3 dq -A-4 ,6 Engineer: Address: _� kS S� 2a�5P.� -_-� C - v ✓� 4,A4_ I-_af5— ,_� Project Initial Start Date: 3 &� Project Acceptance ]date: 3.�. ^ - - Initial Bid Value: $ > A V Final Complete Project Value: $ �.�_ � ✓�i�� �� .__.._ -- Dlit1Project Description: Q°c�— 12. Principal Firm Members' Backgrovud/Experience (3 members minimi n;). Attach cm'Tent tesumes as Schedule 5.0.x' supplen.=t or give concise description by individual. Dame o idder: Winters Bros. Hauling of Long Island,, LLC Mark Troiano Date: 5/6/2015 (Authorized Signature) NOTE: Any supplemeDtO attachments or modifications to this form shall be labeled Schedule 5.01, and shall be properly integrated into this Birt Form. Ifblauk not applicable, fill in with N/A. Qualifications Sununary BID (PROPOSAL) J~ -O M INFORMATION SCHDULE G Schedule 5.0.1:' Page 3 of 3 54 Town of Soulbold Bid Project i Solid'Taste Haul -Disposal Seivices The Bidder Hereby states that it proposes, if awarded an Agreement to use the following haul sub -contractors on this project. Sub -Contractor/ Contract Trade/ -�Individual Address Pbone. 4 Specialties 1. n� sn►��-y -TkA r e3e� �� ��ydeab�� IZp aa��A 8� .11 C l�3S'�-iB�s La �►��."' 1 2. 4. 6. 7. S. 9. 10, TQ a Bidder: Winters Bros. Hauling of Long Island, LLC By: rk i--- Date: 5/6/2015 (Autho6zed Signature) NOTE: If blmik not applicable, fill in with N!A Subcontmaurs BID (PROPOSAL) FORM ]FORMATION SCI-IEDULE H Schedule S.O.G S5 A Town oif-Southold Bid Project Solid Waste Raul -]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. SEE ATATCHED Proposed Current Equipm.erzt hem Project UJ e Equipment LocRtion Ale of adder: Winters Bros. Hauling of Long Island, LLC By, Mark Troiano Date; 5/6/2015 NOTE: Aliy supplemental attachments or modifications to this form shall be labeled Schedule 5.0_H acid shall be properly integrated into the Bid Porm. If blank not applicable, fill in with NIA Construction Equipment Schedule 5,0,B BID (PROPOSAL) FORM INFORMATION] SCHEDULE I 56 7, ew UZZ- `YEAR,. -- Holtsville 100205 IHTSCAALlIH352847 SL 21581MG 76469JW 2001 INTER 14nitsville - I M2AV04C8EM0I 1558 Fl. 58085ME 2014 MACK )Itsville I M2AV04C6DM009838 Fl. 35637ME 2013 MACK Holtsville 203., I M2AV02C1 BM007818 Fl. 35636ME 2011 MACK Holtsville 20,4.. IM2AV04C9FM012655 Fl. 92111 ME 2015 MACK Babylon 1 M2K189C96MO27566 Fl. 35628ME 2006 MACK Holtsville .206 1M2K195C83M022432 Fl. 35635ME 2003 MACK Holtsville• •1M2KI95CX2M019711 Fl. 32649ME 2002 MACK Holtsville 1 M2K1 89C95MO27002 Fl. 32684ME 2005 MACK Holtsville �2Q9 1M2K189C63M022482 Fl. 32646ME 2003 MACK Babylon 200225 1M2K195C6WM011823 Fl, 44479MG 77257JW 1998 MACK Holtsville 200234 1M2K195C24M024548 Fl, 44387MG 34853JS 2004 MACK Holtsville 200235 1M2K195C04M024547 Fl. 21538MG 1671 5MA 2004 MACK Westbury 7 200237 1M2K189C35M026332 Fl. 44456MG 97679JS 2005 MACK Holtsville 200238 IM2K189C55M026493 Fl. 44458MG 76572MB 2005 MACK Holtsville 200240 IM2K189C25M027004 Fl. 44459MG 36160MB 2005 MACK Holtsville 200244 IM2K196C32M021087 Fl. 44391 MG 36409JV 2002 MACK Westbury 200245 IM2KI95C92MO21143 Fl. 21539MG 36407JV 2002 MACK Holtsville 200246 IM2KI95C72M021142 Fl. 21547MG 76573MB 2002 MACK Holtsville 200247 IM2K]95C52M021088 Fl. 44358MG 36642JV 2002 MACK Babylon 200248 1M2K189CX7M033927 Fl. 44382MG 58332MD 2007 MACK Babylon 200249 1M2K189C05M029303 Fl. 44381 MG 36647JV 2005 MACK Westbuiy 200254 1 M2Kl 89C84MO23716 Fl. 21546MG 36412JV 2004 MACK ?stbury 200255 1 M2Kl 89CX4MO23717 Fl. 44369MG 36411JV 2004 MACK Astbury 200259 1 M2Kl 89C75MO29301 Fl. 21545MG 36648JV 2005 MACK Holtsville 2 00260 IM2K189C95MO29302 Fl. 44380MG 36646JV 2005 MACK Westbury 200261 IM2K189C17M033928 Fl. 44364MG 36596JV 2007 MACK Babylon 200263 IM2K195COIM018064 Fl. 44370MG 88937JV 2001 MACK Babylon 200264 IM2K195C15M027362 Fl. 44379MG 88932JV 2005 MACK Holtsville 200265 1M2KI95C21M018065 Fl. 44368MG 88721JV 2000 MACK Westbury 200266 IM2KI95C21M018633 Fl. 44388MG 88710JV 2001 MACK Babylon 200267 IM2K]95C22MO20027 Fl. 44378MG 76453JW 2002 MACK Holtsville 200270 1M2K195C4VM010037 Fl. 44389MG 76562MB 1997 MACK Babylon 200274 1M2K195C82M020064 Fl. 44377MG 88938JV 2002 MACK Holtsville 200280 1M2K195C71M018062 Fl. 44376MG 88942JV 2001 MACK Westbury 200283 IM2K195C8]M0]8068 Fl. 44390MG 88724JV 2001 MACK Westbury 200335 1 M2AV02C6AM005125 Fl. 44363MG 21103MG 2010 MACK Holtsville 200346 I M2AV02C2AM005767 Fl. 44375MG 21102MG 2010 MACK Westbury 200523 1 M2KI 85C9XM007583 Fl. 21540MG 88701KA 1999 MACK Westbury 200524 1M2KI95C21M018714 Fl. 44371 MG 798491CA 2001 MACK Westbury 200529 1 M2AV02C9BM006562 Fl. 21549MG 61561 MA 2011 MACK Babylon 200598 I M2AV04C8BM008509 Fl. 21548MG 61543MA 2011 MACK Babylon 200599 1 M2AV04C4BM008510 Fl. 44367MG 31499MB 2011 MACK Babylon 200600 1 M2AV04C6BM008508 Fl. 44372MG 31675MB 2011 MACK ibylon 200627 1 M2AV04C6CM008929 Fl. 44373MG 36213MB 2012 MACK -Itsville 228.;. 200628 1 M2AV04C2CM008927 Fl. 44374MG 36211 MB 2012 MACK Babylon 200629 1 M2AV04C4CM008928 Fl. 44383MG 36212MB 2012 MACK Westbury 200657 1 M2AV04C6DM009824 Fl. 44362MG 19517MC 2013 MACK Westbury 200684 1M2AV04C3DM010123 Fl. 44384MG 63444MC 2013T MACK Jessica Lott 412212015WB TRUCK.Xlsx Page I Jessica Loll 4/22/2015WB TRUCK.xlsx Pagc 2 E PLATES Holtsville 200685 IM2AV04C9DMO10126 Fl. 44385MG 63447MC 2013 MACK ..-)Itsville 200686 IM2AV04C7DM010125 Fl. 44386MG 63446MC 2013 MACK ,stbury 200688 1M2AV04C5DM010124 Fl. 44366MG 63445MC 2013 MACK Babylon 300168 1M2B210C3TM018214 RL 44452MG 29571 PC 1996 MACK Holtsville 301 - IM2AX13C49MOO4789 RL 32693ME 2009 MACK Babylon 300169 IM2B210CXWM021518 RL 44356MG 29572PC 1998 MACK Westbury 134 300534 IFVABTBVX3DK55961 RL 21544MG 76462JW 2003 FREIGHT Westbury 300535 1 HTMMAAM27H420743 RL 44361 MG 92225JW 2007 INTER Westbury 300536 1 M213296C31 M059404 RL 44355MG 22860JA 2001 MACK Holtsville 300543 1 M2P268C2XM040427 RL 44481 MG 99263MB 1999 MACK Westbury 300546 1 HTWGAZT96J361998 RL 44453MG 21484MA 2006 INTER Holtsville 300547 1HTWGAZT16J362000 RL 31604MB 31604MB 2006 INTER Westbury 300548 IHTMMAAL77H384782 RL 44359MG 86213JV 2007 INTER Westbury 300549 IM2KI95CX2M021085 RL 47309MG 36578JV 2002 MACK Westbury 300551 1M2K195C12M021086 RL 21593MG 36410JV 2002 MACK Babylon 300556 1 M2AC07C6YM005148 RL 44482MG 23420PC 2000 MACK Babylon 300557 1 M2AC07C71 M005150 RL 44462MG 76456JW 2001 MACK Westbury 300559 IM2KI95CO3M021873 RL 21542MG 88722JV 2003 MACK Westbury 300560 1M2K195CO3M021887 RL 21543MG 7531 OMB 2003 MACK Westbury 300567 IM2KI95C94M025437 RL 21541 MG 88714JV 2004 MACK Westbury 300568 IM2K195CX2M020759 RL 44464MG 88930JV 2002 MACK Babylon 300570 1 HTSCAAN91 H367050 RL 44454MG 76463JW 2001 INTER Holtsville 300572 J8BE5BI6367300032 RL 47308MG 76490JW 2006 CHEVY stbury 144 - 300577 1 HTMMAAM97H420741 RL 21589MG 21473JW 2007 INTER vvustbury 301098 1 M2K1 89CO3MO23336 RL 44357MG 58489MD 2003 MACK Westbury f 301- 400316 1 M2AGI I C93MOO4376 RO 21584MG 81158JF 2003 MACK Westbury 400321 1 M2P268C9XM041039 RO 44360MG 36153MB 1999 MACK Babylon 400322 1 M2P268CXXM044418 RO 44460MG 19433MC 1999 MACK Babylon 400323 2M2P268C9NC0I 2735 RO 44451 MG 36613JV 1992 MACK Westbury 400335 1 M2P268C51 M056869 RO 47312MG 99009JA 2001 MACK Holtsville 400339 1 M2AGI I C82M001936 RO 47304MG 36416JV 2002 MACK Westbury 328 400341 2NKMHD7XO4MO53387 RO 21586MG 30987ME 2004 KENWORTH Westbury 400345 I FVMALCG53LK86055 RO 21587MG 29912JK 2003 FREIGHT Holtsville 400346 1 FVMALCG33LK86054 RO 47311 MG 29921JK 2003 FREIGHT Westbury 400347 I M2AGI I COSM020209 RO 47305MG 30167JU 2006 MACK Westbury 346 400348 1M2AGIICX4M010916 RO 21592MG 21319KA 2004 MACK Holtsville 400349 1 M2AGI IC24MOI 0926 RO 47303MG 24689JP 2004 MACK Jessica Loll 4/22/2015WB TRUCK.xlsx Pagc 2 Q .. NTERS,, a - P_.SAA-SV-SV IVIN4# I TYRE WINTERS PL+ATE ' A—GO ESSaVE, RATE -41 YEAR% - - - T- MAKE- Westbury -337 400350 IM2AG11C44M012449 RO 21583MG 40963JS 2004 MACK Westbury 400354 1M2AGIIC86M033582 RO 21582MG 37468JU 2006 MACK altsville 400355 1 M2AG11 C36MO33599 RO 47325MG 60282JV 2006 MACK Westbury 400358 2FZXKMDB8YAF13871 RO 44471 MG 36403JV 2000 STERL Westbury 347 400359 1 M2P324C83M067170 RO 47310MG 49110JW 2003 MACK Westbury 400362 1M2P267CO2M063019 RO 21537MG 76487JW 2002 MACK Holtsville 400363 1 M2P267CO2M063022 RO 47301 MG 76458JW 2002 MACK Westbury 352 - 400364 1 M2P267C1 I M061679 RO 47300MG 64254MC 2001 MACK Westbury 354 400366 1M2AG11CX2M001937 RO 21536MG 36415JV 2002 MACK Holtsville 400367 1 M2AG11 CX3M005763 RO 44473MG 36644JV 2003 MACK Holtsville 400368 1M2AG11CX6M029906 RO 44472MG 36580JV 2006 MACK Westbury 400375 1M2P268C52M064066 RO 44478MG 88711JV 2002 MACK Westbury 364. 400376 1M2P267C72M063020 RO 21535MG 76457JW 2002 MACK Babylon 400381 1 M2P267C31 M058329 RO 44461 MG 88945JV 2001 MACK Holtsville 400382 1M2P268C9YM049532 RO 47302MG 88946JV 2000 MACK Westbury 359 400559 1M2AX04C68M004977 RO 44365MG 88663KA 2008 MACK Holtsville400631 1 M2AX13CX8M001149 RO 26767MD 2008 MACK Holtsville = 400641 2FZHAZCV27AY45929 RO 44450MG 26794MD 2007 STERL Babylon 400721 1M2AX04CICMO 11649 RO 44467MG 31695MB 2012 MACK Babylon 320 400722 1 M2AX04C8CM011650 RO 44468MG 31694MB 2012 MACK Babylon 400723 1 M2AX04CXCM011651 RO 44466MG 31693MB 2012 MACK Babylon 1006 500049 IHSWXAXR04JO19008 TRACTOR 21318TC 23424PC 2004 INTER Babylon 1007 500050 1 HSWXAXR24JOI 9009 TRACTOR 15141TC 15141TC 2004 INTER ibylon 1009 500052 1M1AT04YX7M005379 TRACTOR 14481 TC 14481TC 2007 MACK ..,)Itsville 1012 500055 1M1AT04Y67M005380 TRACTOR 21305TC 14492TC 2007 MACK Babylon 1013 500056 1M1AT04Y87M005378 TRACTOR 21306TC 14491TC 2007 MACK Babylon `1014 500057 IM1AK06Y16N008664 TRACTOR 21304TC 25415PC 2006 MACK Babylon 1017 " 500060 1M1AK06Y37N022230 TRACTOR 21320TC 14485TC 2007 MACK Babylon 1018 500061 1M1AK06Y57N022231 TRACTOR 21308TC 25416PC 2007 MACK Babylon 1019 500062 1M1AK06Y77N022232 TRACTOR 21307TC 14490TC 2007 MACK Babylon 2000,•- 600218 1S12E8484RD363619 TRAILER AM59396 AM59396 1994 STRICK Babylon 2006: 600224 1 NUMT28Z8YMAA0537 TRAILER AF23733 AF23734 2000 BENSON Babylon 2007 600225 1S8AL4521T0009027 TRAILER AN20995 AN20995 1996 SUMMIT Babylon •2010 600228 1S8AL452XS0008974 TRAILER AK64201 AK64201 1995 SUMMIT Babylon 2012 600230 2K9WF1L286H035425 TRAILER AP81938 AP81938 2006 TITAN Babylon 2013 600231 1S94S45295M006027 TRAILER AR51867 AR51867 2005 J&M Babylon 2014 _ 600232 5EWWA482061254109 TRAILER AR55858 AR55858 2006 STECO Babylon 2015 600233 5EWWA452361254108 TRAILER AR55859 AR55859 2006 STECO Babylon 2016 600234 5EWWA482561254056 TRAILER AR55900 AR55900 2006 STECO Babylon 2019 600237 5EWWA482671254259 TRAILER AS27877 AS27877 2007 STECO Babylon 2021 • - 600239 SEWWA482471254261 TRAILER AS27876 AS27876 2007 STECO Babylon 600294 R739730 TRAILER AV56812 AV56812 1974 BROWN Babylon 600295 1GRDM9028HM053907 TRAILER AV56813 AV56813 1988 GREAT DANE Babylon 600296 1GRDM9028HM053904 TRAILER AV56723 AV56723 1988 GREAT DANE 3bylon 600473 1S12E8483KD314398 TRAILER 1852367 1952367(ME) 1989 STRICK ...3bylon 600552 IJJV532WOXL575886 TRAILER BG18310 BF53932 1999 WABASH Babylon 600553 1JJV532W7YL655574 TRAILER BG18311 BF53933 2000 WABASH Holtsville _ 1 H5P04225JM061501 TRAILER BG18312 BG14958 1988 FRUE Westbury _ 5MAMN5321 FCO29259 I TRAILER 2016 MACK Lott 4/22/20 4�j 1� 04 tkh C6,+4 KiF'W F Westbury 700085 IFTYR14VOITA84258 PU 44474MG 84143JH 2001 FORD Westbury 700333 IGCEC14W9WZ131188 PU 78966MB 78966MB 1998 CHEVY )Itsville 700350 1 HTMMAAL86H319051 RET 47306MG 23129MD 2006 INTER Babylon 700351 1 HTSCAALOYH215862 RET 44455MG 36597JV 2000 INTER Westbury 700352 1FDNF80C4SVA]6118 RET 47313MG 79236MB 1995 FORD Westbury -456 700356 1 FVABTBV23DK46476 RET 21585MG 58541 MD 2003 FREIGHT Westbury 700362 IGCCS1452YK287134 PU 61995JS 61995JS 2000 CHEVY 19 Nancy 700364 IFDJF3718HNB28418 SVC TRK 27033AR 27033AR 1987 FORD Glen Cove 700365 3FRNF65284V604283 SVC TRK 21588MG 64707JR 2004 FORD Westbury 700375 1FTYR10C9XTB14306 PU 44018JW 44018JW 1999 FORD OB 700377 1 FDLF47F9VEB30040 PU 76497JW 76497JW 1997 FORD 99 Nancy 700378 IGCEC14W8WZ147477 PU 76670JW 76670JW 1998 CHEVY Westbury 700379 IFTVX145X5NB60894 PU 76485JW 76485JW 2005 FORD Westbury700380 1 FDAF57P25EB87668 UTIL 30989ME 30989ME 2005 FORD Westbury 700381 1 FDAF67P23ED70341 LITIL 76460JW 76460JW 2003 FORD Westbury 700384 IFTVX14515NB60895 PU 76478JW 76478JW 2005 FORD Westbury 700385 1 FTYRI OC7XPCO5356 PU 44019JW 44019JW 1999 FORD Westbury 700386 1GCEK19V31E109156 PU 76498JW 76498JW 2001 CHEVY Westbury 700388 JW6AACI H9VLOO2598 PU 76668JW 76668JW 1997 MITSU Westbury 700391 1 GCCSI 444T8101123 PU 76499JW 76499JW 1996 CHEVY Westbury 700396 3FRNF65NX4V671221 FLAT 12804JT 12804JT 2004 FORD Westbury 700399 1 GCHK24U85EI 87388 PU 73469JU 73469JU 2005 CHEVY Babylon 700447 2NKMHZ7X26Ml48467 Box Truck 44483MG 79832KA 2006 KENWORTH ,stbury 348 700448 2NKMHZ7X66MI48469 Box Truck 47314MG 64275MC 2006 KENWORTH m1bury 700503 1 FTFX1 EFXCFC66863 PU 93052MC 93052MC 2012 FORD Babylon 700577 3FRWF65C19V134277 RET 21591 MG 64255MC 2009 FORD Westbury 700981 1 FDRF3FTXCEA1 5200 SVC TRK 19428MC 19428MC 2012 FORD Holtsville 701109 3FRWF6FC8CV310943 RET 21590MG 58301 MD 2012 FORD Westbury -'-410• 701110 3FRWF6FC9CV431187 RET 47315MG 5830OMD 2012 FORD OB 701024 2NKMHD7X12MB92543 SVC TRK 44480MG 63448MC 2002 KENWORTH Babylon T-10 I M2B225CO4MOO5047 RL 32688ME 2004 MACK Holtsville T-12 2M2P265C4NCO10444 RL 32689ME 1992 MACK Babylon T-14 2M213290C5NC010526 RL 32691 ME 1992 MACK Holtsville T-15 1 M2B225C34M005012 RL 32692ME 2004 MACK Babylon T-26 I HTSDADR41 H387427 RL 32694ME 2001 INTER Holtsville RO-1 1 M2AX09C6FMO23373 RO 86043ME 2015 MACK Holtsville RO-11 I M2AGI 1 CX3M007464 RO 32645ME 2003 MACK Holtsville RO-12 1 M2P268CX2MO64080 32648ME 2002 MACK Holtsville RO-14 1 M21?271 C61 M060218 —RO RO 35629ME 2001 MACK Holtsville RO-15 1 M2AD62C1 XWO07996 RO 67151 ME 1999 MACK Holtsville RO-16 IM2P27IC13MO66785 RO 35631 ME 2003 MACK Holtsville 80 4VHSCBCF4XN520102 RO 35633ME 1999 VOLVO Holtsville 90 4V2SCBCFISR514852 RO 35634ME 1995 VOLVO Holtsville CC-] 2NKHHM6X5FM455797 RET 20796ME 2015 KENWORTH Itsville R-6 IFDPK74C9RV=A]3573 RET 32680ME 1994 FORD Itsville R-6 1 FDXF80C7WVA29668 RFT 32681 ME 1998 FORD Jessica Lott 4/22/2015WB TRUCK.xlsx Page 4 Town of Southold Bid Project Solid Waste Haul -Disposal Services The Bidder hereby states that it will be prepared to dispose of up to the following Maximum Specified Yearly Capacities in tons of Town of Southold solid waste if aww- led an agreement Contract Year Maximum Tons per Coxitract Year ]L% 41 L51� I , I R C960 -rcD,-,X% N%,1,, 'rider: Wintes Bos. Hauling ofLong Island, LLC Mark Troiano Trate: 5/6/2015 Maximum Specified Capacity 13iD (PROPOSAL) FORM INFORMATION SCHEDULE J Schedule 5.0-1 57 Town of Southold Bid Project Solid Waste Haul -Disposal Services NOTE: IF A BIDDER INTENDS TO UTILIZE MORE THAN ONE SOLID WASTE DISPOSAL SITE, AN INFORMATION SCHEDULE J MUST BE COMPLETED FOR EACH DISPOSAL SITE. The following is information on the undersigned Bidder's Solid Waste Disposal Site: I. GENERAL A. Disposal Site Location Name: A tq I� Address: 0-Q Phone: /z_JQit.> A.% C — s� Disposal Site mailing address (if different tha Address: ty"tPJ, [J S41�.cL4 t,4w+Jl►M9 „n /-J C44 II. CURRENT OPERATIONS A. Operations Permit 1. Permittee: 2. No.: 3. State: 4. Date of Issue: 5. Date of Expiration 6. Copy Enclosed: Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM I) (sa > /+Y Afy-eY-% c,j.'� d k,4� ,L- Yes: J No: INFORMATION SCHEDULE J — (continued) Schedule 5.0.J Page 1 of 7 58 B. Hours of Operations 1. What are the PERMITTED operating hours?DAY P.M. Monday A M� rp 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 5�:zrt to :),;al Tuesday to Wednesday to Thursday to Friday to Saturday ----fes p C a� Sunday ���t Qh to 4. What holiday or other period is the Disposal Site typically closed? DAY YES NO New Year's to Memorial D —�— to Independence to Labor to Thanksgiving - to Christmas to Other (specify) to Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM INFORMATION SCHEDULE J - (continued) Schedule 5.0.J Page 2 of 7 MA 4. Will the ACTUAL operating hours be extended up to the PERMITTED operating hours in Question II.B.1 in order to accommodate Town of Southold solid waste? Yes �'^ Q �,� c o `JL� No 6. Are there any local agreements, ordinances, etc. which would prohibit extending the ACTUAL operating hours in Question II.B.3 up to the PERMITTED operating hours in Question II.B.1? Yes No B. What is the PERMITTED annual capacity in tons? 20 N ) 20 • -k 20 13 ' 20 1 Lf 20 s D. At the PERMITTED levels in Question II.C., what is the projected useful life in years? -To E. What is the annual RECEIVING6 level today? '> / &T,00nj Ar F. At the RECEIVING levels in Question II.E, what is the projected useful life in Years? q A Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM INFORMATION SCHEDULE 3 — (continued) Schedule 5.01 Page 3 of 7 G. How much of the RECEIVING level in Question II.E is committed to under contract in tons? 20 It Kw�rid1r�' 20 20 20 t� 20 f '� H. Does the Disposal Site have special waste restrictions? Gate Yes No Fee ($) 1. Construction/Demolition 2. Asbestos 3. Wastewater Treatment Sludge 4. Hazardous Waste I. Are there any existing agreements with local municipalities which prohibit: Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM INFORMATION SCHEDULE J - (Continued) Schedule 5.0.J Page 4 of 7 61 Item Yes No 1. Routing to site �C 2. Weight limits between state coeds and site 3. Number of vehicles D� 4. Vehicle size CA 5. Solid waste importation outside jurisdictional area 6. Host Community Benefits' Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM INFORMATION SCHEDULE J - (Continued) Schedule 5.0.J Page 4 of 7 61 III. EXPANSION PLANS A. Application Permit v� 1. Permitee: 2. No.. 3. State: 4. Date of Submission: 5. Copy Enclosed: Yes No 6. Submission Status: a. Expansion of current site or new site b. Local Citizenry Reaction C. Regulatory agency d. Litigation e. Likelihood to succeed Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM INFORMATION SCHEDULE J — (Continued) Schedule 5.0.J Page 5 of 7 62 B. If you are successful in Question III.A., what is the additional annual DESIGN capacity in tons (do not include figures from Question II.C.)? U b„)Lyivw 0 20 20 20 20 20 C. At the annual DESIGN levels in Question III.B., what would be the projected useful life in years? D. Would you be willing to share with the Town of Southold engineering reports utilized for the preparation of the Operating Permits on Expansion Application? PA Yes No E. Bidder's Disposal Site(s) Engineer of Record Lk Ai Firm's Name Firm's Address Project Engineer. Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM INFORMATION SCHEDULE J - (Continued) Schedule 5.0.J Page 6 of 7 63 Town. of Southold Bid Project Solid Waste Ea-ij1-Disposal Services NOTE: IF A BIDDER INTENDS TO UTILIZE MORE TEAK ONE SOLID WASTE DISPOSAL SIU, AN INFORMATION SC=ULE J MUST 13E COMPLETED FOR EACH DISPOSAL SITE. Tile fallowing is information on the undersigned Kidder's Solid Waste Disposal Site: 1. GENERAL A. Disposal Site Location Dame: WC A �� Address: Cal 7 % W ower Phone: B_ Disposal Site mailing address (if different than 1) Address: \S F2 II. CURRENT OPERATIONS A. Operations Pennit 1. Permittee: 2. No.. 3, State: 4. Date of Issue: 5. Date of Expiration: 6. Copy Enclosed: Bidder SoIid Waste Disposal Sites) BID (PROPOSAL) FORM l l01 to c3^ '- e - +-l?-a civ ��d01 /000 IDL -may �lA 0 Yes. No: Schedule 5.0.J Page 1 of 7 INFORMATION SCHF,DU.LE J -, jcojitinued) 58 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 to 6 Saturday �o to Sunday Friday to 2. Are there any PERMITTED closure periods stipulated? .�5 3. That are the ACTUAL operating hours? DAX A.M. P.M. Iv mday to Tuesday to Wednesday �� to Thtursday.. to Friday _ to Saturday to��✓d Sunday to 4. What holiday or other period is the Disposal Site typically closed? DAY YES NO New Yeat's ✓ to Mr-morial L to IndependenceY to - - L�tbor to Thanksgiving to Christmas toy�� Other (specify) ^, " to Bidder Solid Waste Disposal Site(s) Schedule 5.0.J BID (PROPOSAL) FORM page 2 of 7 FNFORMATION SCHEDULE J - (continued) 59 4, Will the ACTUAL operating bours be extended tip to the PERMITTED operating hours in Question II,B,1 in order to accommodate Town of Southold solid waste? Yes No 6. Are there Any iocal agreements, ordinances, etc_ which would prohibit extending the ACTUAL operating hours in Question II.B.3 up to the PERMITTT,D operating hours in Question 11.13.1? Yes � No X B, What is the PERMT=D annual capacity in tons? 20 1 27 3 . oo0 3 2016 a73ao02 2 a62_ 7 -75, o00 20.6 Z3 000 20I 0? -7 C)oy D. At the PERMITTED levels in Question D.C., what is the projected useful life in ... 0 t C�=-a E. Wliat is the annual RECEIVING6 level today+? A . x—. S D F. At the R'ECPIVING levels in Question ILE, what is tho pz-ojected useful life in Years? Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM INFORMATION SCPIEDULE J continued) Schedule 5,0_J Page 3 of 7 60 A G. IIow much of the RECEIVING level in Question ME is committed to under contract in tons? 20 4 .0...01 000 20 i6 n2n 20_-. P --201 oto 20_LCL 000 H. Does the Disposal Site have special waste restrictions? 1. Are there any existing agreements with local municipalities which prohibit: Item Yes No Gate Routing to site v", -Yes No Fee ($) 1. Construction/Deznolition V/ 480,00 2. Asbestos ✓ 4. 3. Wastewater Treatment a/ Solid waste importation Sludge outside jurisdictional area 4. Hazardous Waste t/ 1. Are there any existing agreements with local municipalities which prohibit: Bidder Solid Waste Disposal Site(s) Schedule 5.0_J BID (PROPOSAL) FORM Page 4 of 7 INFORMATION SCHEDULE 3 - (Continued) 61 Item Yes No 1. Routing to site v", 2. Weight limits between state coeds and site 3. Number of vehicles 4. Vehicle size t/ 5. Solid waste importation outside jurisdictional area 6. Host Community Benefits t/ Bidder Solid Waste Disposal Site(s) Schedule 5.0_J BID (PROPOSAL) FORM Page 4 of 7 INFORMATION SCHEDULE 3 - (Continued) 61 III. EXPANSION PLANS A. Application Peimit r 1. permitee: i A 2. No.. 3. State: 4. Hate of Submission: 5. Copy Enclosed: 'Yes 6. Submission Status: a.. Expansion of owrent site or new site b. Local Citizenry Reaction c. Regulatory agency d. Litigation e. Lilcellbood to succeed Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM INFORMATION SCBEDULE J — fContinued7 Schedule 5.0,J Page 5 of 7 62 B. If you are successful in Question III.A., what is the additional annual ]DESIGN capacity in tans (do not include figures from Question 11, C,)? 20 20 20 20 20 C. At the annual DESIGN levels in Question IILB , what would he the projected useful life in years? D. Would you be willing to share witb the Town of Southold engineering reports utilized for the preparation of the Operating Permits on 8xpansiou ,A.pplimtion? Yes No E. 13idder's Disposal Site(s) Engineer of Record Firm's Name Firm's Address Project Engineer Biddcr Solid Waste Disposal Sites) BID (PROPOSAL) FORM INFORMATION SCI-ILDULE J - {Cwinued). Sclieduie 5.0.J Page 6 of 7 M Are you willing to meet With the Town of SOLithoId to discuss your short and long term disposal capabilities? Yes x No Tile Undexsigncd hereby certifies that services, rnate6al, cgtupraerg to be f lmisbed as a Tesolt of this bid will be in accordance with Town of Soutboki specifications applying thereto unless exceptions am- indicated above and an explanation attached. Bidding Company Winters Bros. Hauling of Long Island, LLC Address 1198 Prospect Avenue Westbury, NY 11590 City State Zip By Mark Troiano - Business Development (Please Print or Type) NAME -AND TITLE Signature Phone No. _,516 937-0900 Date 5/6/2015 ';CCt"t,PORATE SEAL Bidder Solid Waste Disposal Sile(s) DID (PROPOSAL) FORM INFORMATION SCHIEDULE, K Schedule 5.0_J Page I of 7 64 z FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, Winters Bros. Hauling of Long Island, LLC. as Principal, and International Fidelity Insurance Company as Surety, are ere y eld and firmly bound unto the Town of Southold as Owner in the sum of one hundred thousand dollars and 00/100 ($100,000.00) 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 15th day of April 20 15 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 solid waste; NOW, THEREFORE, (a) If said Bid shall be rejected or in the alternate, IV (b) If said Bid shall be accepted, and the Principal shall execute and deliver an Agreement in the form off 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. 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. Form of Bid Bond BID (PROPOSAL) FORM Schedule 5.0.K Page 1 of 3 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. 65 Winters Bros. Hauling of Long Island, LLC (L.S.) Principal By. International Fidelity Insurance Company �, _ Surety Arthur L. Colley, A in -Fact Address of Surety: 2115 Rexford Rd., Ste. 310, Charlotte, NC 28211 SEAL (ACKNOWLEDGEMENT BY CONTRACTOR, IF A CORPORATION) STATE OF: 1� COUNTY: � S ) SSN: On this day of 20 before me personally came �Q U_ 7LD loj-\ , to me known, who being duly sworn, did depose and say that he resides in that he is the (3u 5 l'—t5 5 of the LO, , A. 05 QS9,oS Ql, ( corporation described in and executed the foregoing instrument; that he kridws the seal of 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. A - MARY ALEXIS RAY NOTARY PUBLIC -STATE OF NEW YORK No. 01 RA6246753 Qualified in Queens County My Commission Expires August 15, 2015 Form of Bid Bond BID {PROPOSAL) FORM (ACKNOWLEDGMENT BY CONTRACTOR, IF A PARTNERSHIP) Schedule 5.0.K Page 2 of3 M. STATE OF: COUNTY: ) SSN: On this day of 20 before me personally came to me known, and known to me to be a member of the firm of , and known to me to be an individual described in, and who executed the foregoing instrument in the firm name of and'he duly acknowledged to me that he executed the same for and in behalf of said firm for the uses and purposes mentioned therein. Notary Public (ACKNOWLEDGEMENT BY INDIVIDUAL CONTRACTOR) STATE OF: COUNTY: SSN: On this day of 20 before me personally came to me known, and known to be the person described in and who executed the foregoing instrument and duly acknowledged that he executed the same. Notary Public Form of Bid Bond Schedule 5.O.K BID (PROPOSAL) FORM Page 3 of 3 INFORMATION SCHEDULE L 67 TelJb73) 524-7200', INTERNATIONAL FIDELITY INSURANtrE COMPANY .ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersev. and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do nereuy constitute ana BONNIE T. ATNIP, ARTHUR L. COLLEY, NICOLE M. COLLEY Charlotte, NC. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts or indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required orpermitted by law, statute, rule, regulation, contract or otherwise and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCL COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, Chief Executive Officer or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodlans, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given ffor the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 22nd day of July, 2014. STATE OF NEW JERSEYS G' County of Essex , • �y 1936 ROBERT W. MINSTER ,� Chief Executive Officer (international Fidelity `ryNSYLVN�� Insurance Company) and President (Allegheny Casualty Company) On this 22nd day of July 2014, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. :aU�t NOTARY 'A •; 1. :r M :$ PUBLIC �: v'A 1v r A NOTARY PUBLIC OF NEW JERSEY %, s►j ' •°¢!e ?°{9•'�`3�.� My Commission Expires April 16, 2015 OF NEV''�•,°,, CERTIFICATION 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 15th day of April, 2015= MARIA BRANCO; Assistant Secretary PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the "principal") and (hereinafter called the "Surety") are held and firmly bound to the Town of Southold (hereinafter called the "Owner") in the full and just sum of dollars ($_ ) good and lawful money of the United States of America, for the payment of which sum of money, well and truly to be made and done, the Principal binds himself, his heirs, executors, administrators and assigns and the Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Agreement bearing date on the day of '20 , with the Owner for the Town of Southold Solid Waste 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 5.0.L BID (PROPOSAL) FORM Page 1 of 2 PROVIDED HOWEVER, the Surety, for the 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 fiirther 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 may 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 co 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 WITNESS WHEREOF, the Principal has hereunto sec 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 (If Corporation add Seal and Attestation) Add Corporate Seal By: Attest: By: Attest: Address of Surety: Performance Bond BID (PORPOSAL) FORM Principal Surety day of INFORMATION SCHEDULE M 20 Schedule 5.0.L Page 2 of 2 69 OPE..ItATIONAL PLAN The Bidder hereby states that it proposes to implement tlac following operational plan to haul, and dispose of Municipal Solid 'Waste (MS's) From the Town of Southold Landfill of awarded an Agreement. I. Haul U Sr rz� —r&e n"#AY 7-2prsR14 �A`d4.0� $4 T'�z r_1 yep` r or tr1;r4l, r --4r,., Summarize the manpower and equipment you A11 make available to jaerfonn under Us GSC " (I r10�� ��. .,GJ&���,�f� 9 V'T C LA uJ- Co 4-- Lt -�S-\ n^ B'A II. ]7isposaa S e `� Cep Cc u SI)Mmarize the identity and location of the primary and secondary sites you plan to use for disposal of the solid waste. Describe the arrangements between your company and the disposal site for use of the site. Describe any treatment the MSW will undergo during transport or upon arrival at the disposal site. Attach copies of the permits to construct and pei njts to operate the disposal site. �IaLk P / Site No. 1 NAiVIE�L/1��s LOCATION CONTACT PERSON AND PHONE NO. Al RA NCrEIvFEN'l S FOR USE Si d t,, rs C 1. p �i�a ✓ G� �/', �� TREATMENT OR UNUSUAL CONDITIONS 12 Operational Pian BID (PROPOSAL) FORM Schedule 5.O.M Page I oft Site No. 2 NAME VX r LOCATION - e-� Wez� CONTACT PERSON AND PHONE NO. • ARRANGEMENTS FOR W TREATMENT OR UNUSUAL CONVITIONS 4-91— X 4 -L (,. -,Q P,-1 ( fee JnnPy j. l�wN d�' 14u�i� �,����' �ovp r/�a � 1 k-1,06 r W A 4J4 YCa �� .. ��t.•d .; N ate, `,a.7i'r cci imp fA.+"J9i�r Cu.v�rPl.y LA J eJ'�iS �N j %).1r cbw�r yt C-4 w w,,j t_b 49 cr %-A4k 4ff',j V `i L r , ,� w L COA -Lr f r13 , �. l� L,vwk, n,s,"J rs A -f f r ® e ]k 6,0 LID S Operational Plan 13ID (PROPOSAL) FORM Schedule 5.0.M Page 2 of 2 71 Mark Troiano From: Mark Troiano <markjtroiano@gmail.com> Sent: Thursday, May 07, 2015 9:15 AM To: Mark Troiano Subject: Fwd: Use Of HRRF As Disposal Site Attachments: HRRF DEC Permit.pdf ---------- Forwarded message ---------- From: "Robert Sobieski" <RSobieskighuntin onny.gov> Date: May 7, 2015 7:51 AM Subject: Use Of HRRF As Disposal Site To: "Mark Troiano (markjtroianongmail.com)" <markitroiano(a,amail.com> Cc: "Matt Laux" <MLAUXghuntin onny.gov> Mark, As we discussed, Winters Brothers Waste Systems can list the HRRF as a disposal site in its bid, subject to the conditions of your existing agreement with the Town of Huntington. For your reference, a copy of the facility's NYS DEC operating permit is attached. If you have any questions, let me know. Bob Sobieski Resource Recovery Service Manager Huntington Resource Recovery Facility 99 Town Line Road East Northport, NY 11731 631.754.4999 631.774.1526 (cell) 631.754.5092 (fax) New York State Department of Environmental Conservation Division of Environmental PermitRegion One SUNY @Stony Brook,, 50 Circle Road, Stony Brook,, NY 11790-�3409 Phone: (631)r444-0357 Fax: (651) 444-0860 Website: www.dec.ny.gov July 19, 2012 Town of Huntington 100 Main Street Huntington, NY 11743 Re: Permit No..: 1-479600790/00007 Dear Permittee: Joe Martens Commissioner In conformance with the requirements of the State, Uniform Procedures Act (Article 70, ECL) and its implementing regulations (.6NYCRR, Part 621) we are enclosing your permit Identified above.. Please carefully read all permit conditions carefully to ensure compliance .during the term of the permit, If you are unable to comply with any conditions, please contact us at the, above address. SVA/Is This permit must be kept available on the premises of the facility at,all times. Z. Sin erely, Susan V. Ackerman Permit Administrator NEW YORK STATE DEPARTMENT Or ENVIRONMENTAL CONSERVATION Facility .DEC ID 14726-00790 PERMIT unser the Environmental Conservation Lazy (ECL) Permittee and .Facility Information Permit Issued To: TOWN OF HUNTINGTON 100 MAIN ST HUNTINGTON, NY 11743 (631) 351-31,51 COVANTA HUNTINGTON LIMITED PARTNERSHIP 99 TOWN LINE RD EAST NORTHPORT, NY 11731 i Facility Application'Contact: SCOTT WHEELER' COVANTA HUNTINGTON, LP 99 TOWN LINE RD EAST NORTHPORT, NY 11731-3929 (631) 754-1100 Facility: HUNTINGTON RESOURCE RECOVERY FACILITY 99 TOWN LINE RD E NORTHPORT, NY 11731 Facility Location: in: HUNTINGTON in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 644.3 NYT VI -N: 4526.7 Latitude: 40052'43.2" Longitude: 73017'14.6" Authorized Activity:; Operate a waste-to-en6rgy facility consisting of municipal solid waste combustors. The heat generated in the combustion process i& utilized to produce electricity. The, yearly waste throughput is a maximum of 350,400 tons per year. Permit Authorizations Solid Waste Management - Under Article 27, Title 7 Permit ID 1-4726-00790/00007 Renewal Effective Dater 7/20/2012 Expiration Date: 7/1'9/2017 Page 1 of 10 NEW YORK STATE DEPARTMENT OF ENVIROYMENTAL CONSERVATION Facility DEC ID 14726-00796, NYSDEC Approval By acceptance of this permit, the permittee agrees, that the permit iscont-ingent upon strict compliance -with the ECL, all applicable regulations, and all conditions included as part of -this permit. Permit Administrator: SUSAN ACKERMAN, Deputy. Regional Permit Adnilhistrator Address:, NYSDEC REGION I HEADQUARTERS SUNY @ STq)NY BROOK150 CIRCLE RD STONY BROOK, 14Y 1 1 790 -3409 Authorized 'Signature: SCOTT WHEELER Wade, I Rahman, S Permit Components SOLID WASTE, MANAGEMENT PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Date SOLID WASTE MANAGEMENT- PERMIT CONDITIONS 1. Conformance With Plans All activities authorized by this permit must be, in strict -conformance with the permit application, plans and materials prepared by the perniittie or -the permittie's, consultant on the datc(s) specified in Special Condition #2. Page 2 of 10 ' NEW YORK STATE DEPAWMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 14726-00790 2. Terms of Operation,, Approval for Changes The facility shall be operated in conformance with: a. Terms and conditions of this permit; b. Current 6 NYCRR'Part 360 Solid Waste Mariagemerit Facilities,regulations, or any revisions hereafter promulgated; C. The most recent Department approved manuals, plans and programs required by the part 360 regulations and approved by the Department. Any revision to the above approved documents identified in item (q) of this condition or to the operations at this site requires prior written approval,from the Department. No other solid waste, activities regulated under 6NYCRR Part 360 are to be, conducted at the facility, unless allowed for as a special permit conditions, or otherwise approved in writing by this Departmeni. The permittee, shall not add a facility,compoil"ent, that would otherwise qualify as an exempt or re v, unless the I registered facility permittee -first receives a modified permit to incorporate the additional component of the -operation. If any of the above documents conflict with any condition of this permit, the permit condition shall prevail. 3. Permit Renewal All manuals, plans, and programs must be updated nolcs8 frequently than each time the permit is renewed. The complete renewal application shall be submitted at least 180 day.s.prior to the expiration of this permit. 4. Authorized Activity The Permitte'e is authorized to operate 4. waste -to -energy facility, with a maximum throughput of 350,400 tons per year of authorized waste. Permitted activities, are , limited to the delivery, unloading and combustion of solid'waste and loading, trans -shipment of ash residue, recovered materials and bypass waste. The facility may receive and combust household waste and non -hazardous commercial waste. In addition, non -hazardous industrial waste may be accepted with prior written approval 'of the Department. All such requests should be,,submitted on Form 47 -19-7, "Application for Treatment or Disposal of an Industrial Waste Stream", along with suppor(iug-•infbimation a(least two (2) weeks in, advance of requested acceptance. 5. Unacceptable Wastes No regulated medical waste as defined ' in 6 NYCRR, Part 360-17.1(h) of an pathological waste, hypodermic needles, syringes; scalpels; y lancets, etc, may be processed at,this is facility unless specifically authorized in writing, by the Department, No hazardous waste as defined in 6NYCRR Part 371, which is subjcct.to regulation under 6NYCRR Part$ 370 through 374 and 3,76, and no radioactive waste as defined in 6NYCRR Part 380, may be accepted at this -facility. 'Page 3 of 10 I is NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION VW Facility DEC ID 1-472&'00790 6. Tipping. Floor A tipping floor "clean hour" shall be,established weekdays and'rom 5AM I Saturdays f to, 6AM. All municipal solid waste shall, be confined to the refuse pit. No. solid waste -shall be stored on the tipping floor unless authorized in writing by the Department. All MSW accumulation on the tipping floor at any time must be done in such a way as to keep "safety" a prime consideration. The Department reserves the right to halt any storage of MSW on the tipping floor if in its sole judgment such accumulation createsa hazard to the safe operating condition on the tipping floor. 7. Ash Management Loading of transportation containers or vehicles with ash residue must only be done inside an enclosed structure. Ash stored outside. -must be contained in leak -proof and -covered containers. Ash must be analyzed for leaching potential upon exposure to non-acid liquids and for total contents as required by 6 NYCRR Part 360-3.5(d), except where moth f lod by the varianceapproved by the Department, as stated below: In lieu of requirements of 6 NYCRR Part, 3,60-3.5(c)(2)(ii), the permittee may limit semiannual testing to leaching potential upon exposure to acid conditions, and limit parameters to lead and cadmium only. This remains valid provided semi-annual test's continue to show tharash residue contains less than ten percent (10%), volatile matter. If any of the semi=annual test's s show more -than ten percent of volatile matter, thepermittee shall.immediately commence weekly testing of volatile i e I I matter until eight consecutive weekly .tests show less than ten percent of volatile .matter. At least once every five years, the permittee must perform at least one round ofash residue analyses to determine the leaching potential of arsenic, barium, cadmium, chromium, lead,,morc - ury, selenium, and silver upon exposure to acid liquids, and must perform at least one -round of ash residue analyses to determine the total content of arseniej barium, beryllium,, cadmium, chromium (total and hexavalent); copper, lead, mercury,, nickel, silver, zinc, calcium,. iron, aluminum, chloride, and sulfate. ® All other testing requirements remain in effect: The permittee must notify the Department ' at least 72 hours prior to commencement of the semi-annual ash sampling conducted for the purpose of assuring compliance with this permit. S. Signs The permittee shall post signs showing hours of operation, and indicating that -hazardous waste, medical waste, liquid waste, and asbestos wasmare prohibited from being accepted at the: facility. The signs shall be located so that they are visible to. any vehicles and/or person approaching the facility. Page 4 of 10 NEW YORK STATE DEPARTMENT OFENVIRONMENTAL CONSERVATION In: Facility DEC ID 1-4726-00790 9. WaAe Control An attendant shall be on duty during 411 hours of operation. The attendant shall inspect all vehicles entering the facility, rejecting any'loads containing , unauthorized material. 10. Control of Nuisance Conditions Odors, dust, insects, vectors, noise, blowing litter and other potential nuisances shall be adequately controlled at all tunes. The permittee shall immediately implement any controls required by the Department including cessation of facility operations. 11. Fire Protection and Detection The permittee. shall maintain fire protection -and, detection equipment in accordance witli'local laws and ordinances. 12. Event Notification The Permittee shall notify the Department within 24 hours of any emergpney., breakdown or unplanned shutdown which materially affects proper pit management or requires the facility to cease operations for a period of 48 hours or More. 13. Ultimate Disposal of Waste All ash, bypass waste, as well as any and all non-burnables must, be disposed of at an Department .authorized facility, or if outbf-state, disposed of at a properly authorized facility in the out of state Iodation. Ash which is determined by applicable analyses to bd hazardous must either be treated to, eliminate its toxicity characteristics or must bedisposedof in a hazardous waste. landfill. 14. Unauthorized Waste The Permittee must notify the Department within 24 hours of any delivery of unauthorized medical waste, hazardous waste or low level radioactive waste. A contract with a permitted Part 364 transporter for the removal of any hazardous waste delivered to the Facility must be in place and on file at the Facility and with the Division of Materials Management: gq I 15. Generator -Assistance The permittee shall provide complete accessand assistance to the generators of the solid waste received at the facility in the development and implementation of.a schedule and means of monitoring the waste stream entering thc'facilityand record the input of recyclables. This is to include an annual analysis of the, full waste stream entering -the facility, --' including non -recyclable materials Page 5 of 10 TAL CONSERVATION NEW YORK STATE DEPARTMENT OF ENVIRONMEN, Ift Facility DEC ID 14726-00790 16. Comprehensive Recycling Analysis The permittee musIt-not accept.at,the facility solid waste which: was generated within amiunicipality which has,cither not completed a.Cojnprehe�nsive Recycling Analysis (CRA) or is not included in another municipality's CRA satisfying the r!��qpiren , lents of ipa 6NYCRR Part 360- 1.9(f) which has been approved by the Department and implemented the recyclables recovery program determined to be feasible by the analysis, 17. Municipal Service Contracts The Permittee must include in each of the Permittce's service contracts provision that: a. Each municipality whose solid waste is to be accepted at the facility must liave.a.CRA satisfying the requirements of 6NYCRR 360 1.9(1 j, and an implemented recyclables recovery program determined to be fuasiblcby that. analysis,. unless for the service area of the facility, - either ,another municipality has such analysis and the Department approved it and -that analysis addressed the waste stream of that municipality, or a local solid waste management plan that addressed all components of such analysis, is in effect. b. The Department may direct the Permittee to refuse, accept solid waste from any municipality that is not complying with paragraph (a) of this -condition. 18. Recordkeeping Requirements The pertnittee shall,maintain the following records at the facility for 7 years from the date of creation. and be available immediately to the Department upon request: a. Daily log of solid waste received and transported from the facility which includes: is Type, quantity, and origin of the solid waste received. Ji. Quantity and destination of all recyclables. iii. Quantity and destination of all non-recyclables and residual,s-transpdrted, for disposal. b. All weight tickets, hauling receipts, disposal receipts, invoices, tracking documents, etc. to support entries made into the daily log. Page 6 of 10, IRONNIENTAL CONSERVATION NEW YORKSTATE DEPARTMENT OF ENI-V Facility DEC ID 1-4726-00790 19. Reporting Requirements The Perinittee shall comply with all Department reporting requirements which includes the following: a. No later than the 1511, day of each month., the 'permittee shall provide the total throughput for the month in question and the calendar year-to-date total amount of waste combusted. b. The permittee shall provide quarterly reports to the Department within 60 days from end of the, quarter in question. The permittee shall submit annual reports within 60 days after the first day of the year. These reports must be on forms'prescribed by or acceptable to,the Department. c. The original copies of the reports shall be sent to the Region I Office located at New York State. Department of Environmental Conservation, Division of Materials Management, 50 Circle Road, SUNY c@ Stony Brook,, Stony Brook, NY, 11790. d. A copy of the annual report shall also be sent to 6 entral,Office at New York State Department of Environmental Conservation, Division of Materials Management, Bureau of Permitting and Planning, 625 Broadway, 9th Floor, Albany, NY 12233-7253. 20. O"SitC Environmental Monitor (0EM) The ,onsite -environmental monitor (PEM) shall.,be maintained as follows: a. The permittee shall fund environmental monitoring services to beperforined I by the Department. These monitoring services will include, but not be -limited to., the following: 1. Monitoring of operations directly related to. the permittee to ensure compliance with appropriate regulations. Such monitoring may include any�othcr. facility owned, or operated by the.permittee. 2. Provide inspections and compliance monitoring to the pernilittee's facility(ies), including construction, inspections. Spot check, incoming loads to ensure only acceptable waste is being accepted. 3. Review operational records and observe operational procedures. 4. Provide monitoring to the surrounding area to monitor facility impacts. 5. Investigate and respond to reported Violations and complaints. 6. Offer,technical assistance to the permittee, and answer questions from the public. 7. Maintain fil c*s and databases. Page 7 of 10 NEW YORK STATE DEPARTMENT Or ENVIRONMENTAL CONSERVATION Facility DEC ID 14726-00790 8. Review annual reports, permit applications, permit modifications, industrial -waste applications, and other submittals to the Department. b. Funds necessary to support the monitoring services and requirements for the coming year shall be provided to the Department by the permittee on an annual basis. The sum to be provided is based on annual environmental monitoring service costs of the Department and is subject to annual revision. Subsequent annual payments-shallbe made for the duration of this permit or until,the monitoring requirement no longer exists, whichever comes first. c. The permittee shall be billed annually for each fiscal year beginning -on April 1. If this permit is to first become effective subsequent to April 1, the initial payment may be for an amount sufficient to meet the anticipated cost of the monitoring through the end of the current fiscal year. d. The Department may revise the required payment on an annual basis to include all of the Department's costs associated with the monitoring services. The annual revision may take into account such factors as inflation, salary increases, changes in operating hours and procedures, increase or decrease in the amount of monitoring necessary, and increase or decrease, in the number, of OEM and/or OEM supervisors necessary. Upon written request by the pennittee, the Department.shall provide the permittee with a written explanation of the basis for any revision or modification. If such.a_revision is required, the Department will notify the permittee of such.a revision no later than 60 days in advance of such revision. e. Prior to making its annual payment, the permittee will receive, and have an opportunity to review,. an annual work plan that the Department will undertake during the year. f. Payments are to be in advance of the period,in which they will be expended, and shall be made within 30 days of receiving a bill from the Department. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site -or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department).to,detennine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to EGL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. Page 8 of 10 Ask NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 14725-00790 I A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this .Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind -any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, iTModifications or Transfers The permittee must submit a separate written application.to the Department for permit renewal, modification or transfer,of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK, NY 11790 -3409 4. Submission of Renewal Application The permittee must submit a "renewal application at least 180 days before permit expiration for the following pennit authorizations: Solid Waste Management. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke.this permit_. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described'in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions; orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. G. Permit Transfer Permits are transferrable unless specifically, prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. Page 9 of 10 4dh NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION MW Facility DEC ID 1-4126-0070 NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Respons . ibilityand Agrees to, Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify -and hold Id harmless the Department of Environmental Conservation of the State of Now York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the,ext,ent attributable to the permittee's acts or omissions in connection with the permittee's undertaking..of activities in connection with, or operation and maintenance of, .the facility or facilities authorized by the permit whether in - �y compliance or not in compliance with the terms and conditions of the,permit. This indemnification does not extend to any claims, suits, -actions, or d6mages. to the extent attributable to DEC's own negligent or intentional acts,or omissions, or to any claims,,suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its,independent.. contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while e acting, as the permittee's agent with respect to the permitted activities, and such personssball be subject to the same sanctions for violations of theEnvironmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible f6r Obtain ' ing Other Required Permits The permittee is responsible for obtaining any other permits., approvals;. lands, casements and rights-of- way that may be required, to early out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere fere with Riparian Rights This permit does.not convey to the permittee any right to trespass upon the lands or interfere, with the riparian rights of others in order to perform the permitted worknordoes it authorize the impairment of any rights, title, or int6rest in. real or personal property held or vested in a person not a party to the Permit. Page 10 of 10 New York State Department of Environmental Conservation Division of Environmental permits, Region One Building 40 -SUNY, Stony Brook, New York 11790-2356 Mono: (631) 444-0365 - F= (631) 444-W00 Website: www,dec.stste.nyaw Mr. Scott M Wheeler May 13, 2045 Arneriean Ire -Fuel Company of Hempstead 600 Merchants Concourse Westbury, NY 11590 RE: NYSDEC Permit :Renewal # 1-2820-01727/00031 Dear Mr. Wheeler. In conformance with the requirements of, -the. State Uniform Procedures Act (Article 70, ECS) and its implementing regulations (6NYCIP, fart 62 1) we are enclosing your permit. Please read all conditions carefully. ff you are unable to comply with any conditions, please contact as at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather, Very truly yours, Evans Deputy Regional Permit Administrator cc: I. S31cide, NYSDEC S. Rahman, NYSDEC file enclosure 1 �� NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER EFFECnVE DATE 1-282M`17271000ai 0.July 1, 2005 FACIi,.lTYIPROGRAM NUMBSR(S) PERMIT EXPIRATION DATES) Under tho Envlronrnental Jung 30, 2016 Conservation I.aw TYPE OF PERMIT ❑ New 11 Renewal Q ModifiCation 0 Permit to Construct 0 Permit to Operate b Articia M T11105: Protection cf Wa- ❑ Article 17, tides 7, S: SPD Es. 0 Articie 27, Title 9: ONYCRA 373:' taro Hazardous Waste Management b Articte ig: Air Pollullon Conhnl 0 Article 15, Tille 15: Water Supply © Article 34; Coastal Erosion 0 Article 23. Title 272 Mined Land Managarr:ant d ArUcle 15, Title 15: Water Transport Reciamallori ❑ Article 36: Ftoodpiain Management 0 Article i5, Title 15: Long island Wells ❑ Article 24: Freshwater Wetlands 0 Articles 1, 3,17, 119. 27,3T. ONYCRR p Article 15, Title 27: Wild, Scento and b Article 25: Tidal Wetianda 880: Radiation Control R®creatIonal Rivers 12 Article 27, Title 7; 6NYGRR 360: 0 6NYCRR 608: Water Quality Solid Waste Management Certification PERMIT ISSUED TO - TELEPHONH NUMBER American'Ret-Fuel Ccmpanyof Hempstead (516) 683-6400 ADDRESS OF PERMITTEE 800 Merchants Concourse Westbury, NY i1590 'CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER Scott M. Wheeler, Environmental Engineer (516) 683-54M NAME AiVDADDRE$8O PROJECTIPACILITY Hempstead Resource Recovery Facility , 600 Merchants Concourse Westbury COUNTY TOWN WATERCOURSE NYtM COORDINATes Nassau Hempstead E. 616.2 N; 4510.5 DESCRIPTION OF AUTHORIZED ACTIVITY: The Rempstead Resource Recovery Facility (BM) is a 975,000 ton per year waste -to -energy facility, based upon a 12 -month rolling average, consisting of t1wee identical mass bum weterwall typo municipal solid waste combustors. The facility combusts municipal solid waste which include con-ha.�zardous residential, commercial, and govenunental and/or institutional wastes, and other non- hazardous industrial waste streams as a roved bX NYSDEC on a case- by-, case basis, By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable: regulations, the General Conditions specified (see page 2) and any Special Conditrons included as pari of this permit. PERMIT ADMINISTRATOR: ADDRESS l a$e�;FVaf,s Region 1 Heouquarters Bldg, #40, SUNY, Stony Brook, NY 11790-2$56 AUTHORIZED SIGN RE ... ....... ,.., DATE __ •.May-i3..2005�.__, __Pager/-Of.B- —, ,� . tj NEW YORK sTAM DEPARVENT OF ENVUWNMENTAL CONSERVATION NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS item A: permittee Accepts Legal responsibility and Agrees to Indemnification The permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, -ds representalivesr employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the pern7lttse's acts or omissions in connection with the permiltee's undertaking of activities In ,connection with, or operation and m0ntenano of, the tacility or facilities authorized by the permit whether In compliance or not In compliance with the terms and conditions oftho permit, This Indemnification does not extend to any claims, suits, • actions, or damages to the.extent attributable to DEC's own negligent or intentional acts or,omissions, or to any claims, suits, or actions naming the -DEC and arising under erticle 78 of the NewYark Civil Practice Lays and Rules or any citizen suit or civil rights provision under federal or state laws. item st Permittee's Contractors to Comply with Permit The permittee is responsible fpr informing its independent contractors, empioyees, agents and assigns of their responsibility to comply with this permit, Including all special conditions while acting as the parmittee's agent with respect to the permitted activitles, and such persons,shall be subject to the same sanctions for vloNttons of the Environmentel Conservation Law as those prescribed for the permittee. Item C: Parmittee Responsiblo for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry mut the activi[fes that are authorized by this permit. ltem l):: No Right to Trespass or Interfere with Riparian Nights This permit does not convey to the permit6e'any rlghfto trospass upon the lands or hlterfere with the riparian rights of others in order tq perform the permitted work nor dons It authorize the Impairment of any rights, title, or Interest In real or persona! property held or vested In aperson not a party to the permit, GIMMAL. CONDITIONS r General Condition 'ii FAcllity Inspection by the Departitrnent The permitted site or facility, Including relevant records, is subject to Inspection at reasonable hours and Intervals by an authorized representative of the Department of Envfronmental Conservation (the Department) to deterrrllne whether the parmiltee is complying with this pprmit and the ECL. Such representative may ceder the work suspended' pursuant to ECL 71.0301 and SADA 401(3), The permittee shall provide a person to accompanythe DepzdmenVs representative during an inspection to the permit arra. when requested by the Department, A copy of this permit, including all referenced maps, drawings and special condif Ions, must be available for inspection by the Department at all times at the project site or facility, Failure to produce a copy of the permit upon request by a Department representative Is a violation of this permit. General Gonditlon 2: Relationship of this Permit to Other Department Orders and laelerminailons Unless expressly provided for by the Department, Issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condltlon 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must Include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least; a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPL)ES), Hazardous Waste ManaQement Pacilltles (HWMP), major Air Pollution Control (APG) and Solid Waste Management Facilities (SWMF); and b) 90 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to., NYSDt=C Regional Permit Administrator, Region One. Bldg. 40 - SUNY Stony Brook, Now York 11790-2856 General Condition 4: permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for madlftcation, suspension or revocation Include; a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permiitee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information ora material change in environmental conditions, relevant technology or t applicable law or regulations since the Issuance of the existing permit; tet. e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulatfons of the Department related to the permitted activity. ._........QT+C.F?EI2foUT...NUMbEFt-..r..,._._......_ ., .,.... ......,......._,..-, ........._ .......,..____._.,.,..____.._...-......._---,_,..__.. -,,., _ 1-2$20-01727100031 _. . _..,..: ....... _ __,. NEW YORK STATE DFPARTMFM' OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS 1. Permitted Activities r Permitted activities are limited to the delivery, unloading and combustion ofsolid Waste,, loading, transfer of ash residue, recovered materials, bypass waste and cardboard removal for rccy(-ling, TNo other solid waste activities regulated under 6 NYM )Part 360 are to be conducted at the Facility, unless allowed for as a special permit condition. 2. Au gdzed ax3d Unauthorized Wastes The facility may receive and combust only household waste and non -hazardous commercial waste, and pursuant to a variance issued by the Department on May 9, 2002, wood chips infested by the Asian Long - Horned Beetle. La addition, non -hazardous industrial wastes may be only accepted with prior written approval ofthe Regional Solid Waste Engineer or his designee. All roquests should be submitted along -with an "Application for Treatment or Disposal of an industrial Waste Stream" at least two weeks in advance of requested acccptanoc. Approvals of new applications shall be valid for either one year or until any information on the approved application changes whichever is sooner. Approvals ofrenewal applications shall be valid for three years or until any information on the renewed applications changes, whichever is sooner. No hazardous waste as deCned in 6NYCM Part 970 through 374 and no radioactive waste as defined in6NYCRRPut38O maybe accepted at this facility. No regulated medical waste orsewage sludge may be processed at this facility unless specifically authorized in writing by the Department .ti 3. Qperational R.equiremcnts a) All activities at the facility must be performed in accordance with the manuals, plans, and programs required by the Part 360 regulations and approved by the Department, All inanuals, plans, and programs must be updated no less frequently than the duration of the pennit to operate. The facility must operate in compliance with the requirements of 6NYCRk 360-3 and 360-1. The facility shall not process approved non-hnaxdous industrial wastes in amounts exceeding 10% of the daily throu8bput without prior written approval from the Department. b) The facilityshall not charge (process) more than 975,000 tons ofMSW during any consecutive 12 -month period and shall report to the Department, on a monthly basis, the facilitiy's rolling average annual tluvughput using the following formula; Tons ProccssedMeek - Tons keceived/Week +/- Change in the Existing iuventorylWeek r Bulkies Removed from the Floor/Week-where, Tons Received/Week = Tons of incoming municipal waste received at the tipping floor for that week. +/- Change in the Existing Inventory/Week - Change in the existing waste inventorydetermined from 63(,- prior heprior week's calculation and either added to (if the inventory went down) or subtracted from (if the inventory went up) the total deliveries recorded by the scale system for d3at week. Bulkies Removed from the Ploor/Week = Any Bulky or unacceptable waste that is removed from the incoming waste on the tipping floor during that work, To demonstrate compliance with the 12 -month rolling total, the facility shall calculate �..3 the total of the above items for each month, DECWERWrNUMUER. , _. PAGE 3 OF 6 1-282D-01727106031 NEW YORK STATE DEPAFt fMENTOF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS All reports and submittals shall be in accordance with 6 NYCRR Fart 360 and the approved Operation and Maintenance Manual and also-, a, The Regional Solid Waste l�ngineer, or his designee, must immediately be notified of the delivery to the Facility of unauthorized medical waste, hazardous waste or low level radioactive waste or of any emergency, breakdown or unplanned total Facility shutdown occurring for more than 24 hours. b. The average daily throughput shall be reported to the Department on a monthly basis and shall also include the quantity and percentage of nort-hazardous industrial wastes processed. c. In addition, Quarterly and Annual Reports shall include. the amounts of industrial waste processed and also the amount of cardboard and non-ferrous metal removed from the waste stream. d. Ash testing for volatile matter as per Part 360-3.5(c)(2)(1) shall be conducted as follows: i) On a monthly basis ifvolatile matter remains below 10%. ii) On a weekly or more basis (as determined by the Department) if volatile matter exceeds 10 percent in addition to the requirements of360-15(c)(2)(i)(d)• S. AccEss . The permittee roust restrict the presence of, and must minimize the possibility for any unauthorized entry onto the facility, A description of the security measures must be updated as they change and must include, but not be, limited to, a means to control entry all times through the gates or other entrances to the facility (as by a 24 hour surveillance system which continuously monitors and control entry, or an artificial or natural barrier), Signs legible from adistance of at least 25 feet that read "VISITORS AND UNAUTkIO- RIZED PERSONNEL MUST REPORT TO THE OFFICE"must be posted at each entrance to the facility and at other locations, in sufficient numbers to be seen from any approach to the facility. 6. Proper-QperationandMaintenancg The Penrtittee shall at all times properly operate and maintain this facility. proper operation and maintenance includes, but is not limited to, effective performance, adequate funding;, adoquate operator staffing and training, and adequate process and laboratory controls, including appropriate quality assurancelquality control procedures in accordance with the requirements of this permit and as described in the Operation and Maintenance Manual. This provision requires the operation, of back-up or auxiliiary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit. 7.Non,Hazardo is Samisj,k amid Tgstinng The facility shall conduct sarltpling and testing for verification that Department approved wastes. are non- hazardous using the methods described in the approved waste control plan. These results shall be submitted to the Department within 90 days after samples have been collected, oEcpEr ITNur�ssR .._ -- PAGE -V OF 6 - - --l-2820-0,727100031 SPECIAL CONOtT ONS S. The Permittee must include in each of the Permittee's service contracts provision that: a. .Each mutaicipality whose solid waste is to beprocessed, treated, or disposed of at the facilitymust have a CR.A. satisfying the requirements of6NYCRR 360-1.9(1), and an lmplenmented recyclablos recoyery program determined to be feasible by that analysis, unless for the service area of the facility, either another municipality has such andysis and the Department approved it and that analysis addressed the waste stream or that municipality, or a local solid waste management plan that addressed all components of such analysis, is in effect. b. The Departrnetst may direct the Permittee to refuse to accept solid waste from any municipality that is not complying with special condition 8(a). 4. The Pcmittee shall not accept solid waste that originates from a muiaicipality that has not completed a Comprehensive. Recycling Analysis (CRA) satisfying the requirements of OTY t. 360-1.9(f) and imlemcnted the mcyclables recovery program; determined to be feuible by the analysis, unless for the service area of the Facility, either another municipality prepares such an analysis, and the Department approves it and that analysis addresses the waste stream of that municipality; or a Departmynt approved local solid waste management plat► that addresses all components of such analysis is in effect. 10. The Penaitteo shall find envfrornn ental monitoring services to be performed by the Department as follows; (a) lFunda as required to support the monitoring requirements shall be provided to the Department for funding of environmental compliance activities related to the operation of pennittee's Facility. This sun is based on annual Environmemtel Monitoring service costs. Subsequent annual payments shall be made for the duration of this permit to maintain an account balance sufficient to meet the next year's anticipated expenses, The Permittee shall be billed annually for each fiscal year beginning April 1, 2004, One semi-annual payment shall bo made for the period beginning October 1, 2004 to March 31, 2005, and thereafter the permittee shall be billed annually for each fiscal year beginning April I, 2005, (b) The Department may revise the required payment on an annual basis to include all costs of monitoring to the Department. The annual revision may take into account factors such as inflation, salary increases, changes in operating hours and procedures and the need for additional Environmental Monitors. Upon written`request by the Permittee, the, Department shall provide the Permittee with a written explanation of the basis for any modification. If such a revision is required, the Department will notify the; Permittee of such a revision no later than 60 days in advance of any such revision. (c) Prior to making its muival payment, the Permittee will receive and have an opportunity to review an annual work plan that the Departmerrt will undertake, during the year. (d) Payments are to be made within 30 days of receiving a bill from the Department. Payments for this account shall be in addition to any other funds previously paid by the Permittee for `j environmental monitoring services prior to October 1, 2004. .:-,.bECFEttMI'I�P}Ub1B�ft'.. _.. ... .•. .,.- • ,.-• ••. _---••..._ ._...�.__.._..,... .... .,.. _ .._....._..., _....__.. _.. . 'l-282"1727/00031. -1 w d NEW YORK -STATE DEPARTMEAROFENVIROHMENTAL CON$ERVA'nON 6PECIAL CONDITIONS (e) Upon termination (expiration, surrender, transfer) of this permit and payment of any outstanding costs, the unexpended balance, including interest, will be returned to the permittee, (t) The Department may take appropriate action to enforce the above payment provisions. (g) The Monitor shall receive from the permittee, all general health and safety training which is norruallygiven to new site contractors. This training wi 11 ba a supplment to the mandatory safety training that Environmental Monitors receive. from the 1)epartment, (h) The environmental monitoring services will 'include, but not be limited to, the following; (1) Monitor the facility routinely to ensure compliance with both Solid Waste and Air (duality Regulations and Special .Permit Conditions. (2) Monitor environmental compliance of other directlyrelated solid waste activities in the Town of flempstead, (3) Spot check incoming truckloads to ensure only acceptable waste is being accepted., (4) Review operational records and observe operational proced=s. (S) ;Prepare written inspection reports. (6) Review renewal permit applications and write Special Permit Conditions, (7) Review and process the Industrial Waste. Applications. (8) Investigate and respond to reported violations and complaints. (9) Review and respond to requests and correspondence relating to the facility. (10) Ensure that all submittals are received, reviewed and commented upon in a timely manner. (11) interact with public, consultants and municipal agenoies. oa�pE—ARTriuMME ......_. - _......... _ ........ _. �. T-2820 -Q 172710003 t- br<ovvvw wt' > n✓9✓ ovodv sartu'sY85'8& NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER Aft - 1 -4722-00699/00002 FACILITY/PROGRAM NUMBER(S) PERMIT R /IIT 52-T-83 Under the Environmental Conservation Law EFFECTIVE DATE September 30, 2009 EXPIRATION DATE(S) September 29, 2019 ❑ Other: ❑ Article 24: Freshwater Wetlands ❑ Article 25: Tidal Wetlands Management ❑ Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO TYPE OF PERMIT ❑ New IM Renewal 10 Modification ❑ Permit to Construct ® Permit to Operate ❑ Article 15, Title 5: Protection of Waters ❑ 6NYCRR 608: Water Quality N Article 27, Title 7; 6NYCRR 360: CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER Certification Solid Waste Management ❑ Article 15, Title 15: Water Supply COUNTY TOWN WATERCOURSE NYTM COORDINATES ❑ Article 17, Titles 7, 8:SPDES ❑ Article 27, Title 9; 6NYCRR 373: ❑ Article 15, Title 15: Water Transport DESCRIPTION OF AUTHORIZED ACTIVITY: Hazardous Waste Management throughput. All facility operations involving MSW shall be performed inside the approved building. ❑ Article 19: Air Pollution ❑ Article 15, Title 15: Long Island Wells Control ❑ Article 34: Coastal Erosion Management ❑ Article 15, Title 27: Wild, Scenic and ❑ Article 23, Title 27: Mined Land Recreational Rivers Reclamation ❑ Article 36: Floodplain ❑ Other: ❑ Article 24: Freshwater Wetlands ❑ Article 25: Tidal Wetlands Management ❑ Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO TELEPHONE NUMBER Winters Brothers Waste Systems Inc. & Winters Brothers Holtsville Transfer Station LLC 516 937-0900 ADDRESS OF PERMITTEE 1198 Prospect ect Avenue, Westbury, NY 11590-2723 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER John Soldin er, 1198 Prospect Avenue, Westbury, NY 11590-2723 516 937-0900 NAME AND ADDRESS OF PROJECT/FACILITY Winters Brothers Holtsville Transfer Station LLC, 971 Waverly Avenue, Holtsville COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk Holtsville DESCRIPTION OF AUTHORIZED ACTIVITY: Receive and process up to 875 tons per day of municipal solid waste (MSW) based on an average monthly throughput. All facility operations involving MSW shall be performed inside the approved building. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2) and any Special Conditions included as part of this permit. 11 PERMIT ADMINISTRATOR: I ADDRESS jusan V. L�kerman CAF SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 AUTHORID SIGN UFt DATE September 30, 2009 1 Page 1 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether .in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAIDA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg #40, Stony Brook NY 11790-2356 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; -b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the_Department related to the permitted activity. DEC PERMIT NUMBER Facility/Program Number PAGE 2 OF 1-4722-00699/00002 1 52-T-83 YORK STATE DEPARTMENT OF ENVIRONMENTAL SPECIAL CONpITIONS 1. General The Permiltee, Winter -Bros. Waste Systems,lnc. and Winters Holtsville Transfer Station, Inc. must strictly conform to: a. The provisions of this Permit b. 6 NYCRR Part 360, effective March 1, 2003 c. The Engineering Report, and Operations and Maintenance (O&M) Manual, both dated September 7, 2007 prepared by Galli Engineering, P.0 d. Order on Consent 20051205-264, executed February 28, 2006 In the event that the Permittee will modify the facility, the Permittee shall submit to the Department the proposed plans to ensure that the plans will be acceptable to the Department. The Permittee must address any comments made by the Department, and shall not modify the facility without Department approval. Based on the proposed changes, the Permittee shall revise the site plan, O&M Manual, and/or'Engineering Report as determined by the Department. 2. Authorized Activities The Permittee is authorized to receive and process up to 875 tons per day of Municipal Solid Waste (MSW), based on an average monthly throughput. The Permittee is prohibited from accepting any waste that is industrial waste, regulated medical waste, asbestos waste, hazardous waste, or liquid waste. 3. Solid Waste Storage and Processing All facility operations involving MSW, and recyclables, including, but not limited to, crushing, sorting, processing, transferring shall be performed inside the approved buildings. The amount of MSW onsite shall not exceed 1000 cubic yards. The amount of recyclables onsite shall not exceed 1200 cubic yards. No solid waste shall be placed outside the enclosed buildings for any purpose, unless it meets one of the following requirements: a. The outside storage of a maximum of 360 cubic yards of recyclablbs in roll -off containers or compactor containers. Containers being used to store recyclables that are not self -enclosed shall be covered with a waterproof material. b. The outside storage of a maximum of 600 self-contained bales of MSW wrapped with HDPE (or other Department approved) shrink wrapped and covered on all sides, top and bottom to prevent odors, leaching, vectors, and other nuisances. The storage of partially wrapped or unwrapped bales is not permitted. The loading of open top trucks shall be conducted inside the enclosed MSW tipping building, in which leachate and blowing litter shall be prevented from entering groundwater and/or surface water catchment basins. Recovered recyclables may be -stored onsite for up to 60 calendar days from receipt, self-contained bales may be stored for up to 60 calendar days from production. At the close of each business day, the MSW tipping floor shall be free from waste and swept clean. Machines shall be placed in their storage areas and the site shall be swept clean of all solid waste. Any solid waste gathered shall be placed in the proper dedicated storage containers and removed from the site for subsequent transfer to an approved disposal facility. The Permittee shall cease the acceptance of solid waste, if solid waste operations cannot be conducted in strict compliance with the Permit to Operate, 6NYCRR Part 360, and Order on Consent 20051205-264. Permittee shall continue to remove solid waste from the site. DEC PERMIT NUMBER I Facility/Program No. I PAGE 3 OF 7 1-4722-00699/00002 1 52-T-83 S I A rE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 4. Operational Requirements SPECIAL CONDITIONS a. Hours and days of operation shall not conflict with local ordinances. The Permittee shall limit the hours and days of operation from 6:00 am to midnight, Monday through Saturday, with no incoming loads after 6:00 pm each day. Site clean-up is permitted from midnight to 4:00 am following a day of facility operations, excluding Saturday. No operations of any kind are permitted on Sunday. From April 1 thru September 30, prior to a regular workday, between the hours of 5:00 am and 6:00 am, incoming waste may be accepted at the facility, however baling, screening or other processing is strictly prohibited during this time. b. The Permittee shall post signs showing the hours and days of operations, a list of materials the facility is authorized to accept, and a list of materials the facility is expressly prohibited from accepting. All signs shall be visible to any vehicle approaching the facility entrance. C. Odors, vectors, dust, and noise shall be controlled at all -times-, the Permittee shall immediately Implement any controls required by the Department, including cessation of any facility operations. Offsite noise levels generated during operation shall not exceed limits set by local zoning ordinances as well as those set forth in 6 NYCRR Part 360-1.14(p). If noise is deemed by the Department to be excessive, the Permittee shall modify the facility and/or equipment to rectify the situation. d. A supervising attendant shall be on duty during all hours of operation. The attendant shall inspect all vehicles entering the facility and shall reject any loads containing unauthorized and/or suspicious materials. 5. Contingency Planning a. in the event that any hazardous wastes, industrial wastes, medical wastes, or other regulated wastes not expressly allowed under this Permit are accepted by the facility they shall be contained properly and secured immediately. The owner/operator of the facility shall verbally notify the Department and the Suffolk County Department of Health Services within 24 hours of the event. The waste material shall be removed by a waste transporter authorized under 6NYCRR Part 364 to transport such waste. A written report of the event shall be submitted to the Department wiihin 5 business days. b. The Permittee shall verbally notify the Department within 18 hours of any occurrence of any event which causes the facility to cease operation for a period of 48 hours or more. Such an event would include a fire, spill, equipment breakdown or other similar events. A written report shall be submitted to the Department within 5 business days of the event. C. The required notifications stated above shall be directed to the following offices: NYSDEC Division of Solid & Hazardous Materials 50 Circle Road Stony Brook, New York 11790-3409 (631)444-0375 ii. Office of Pollution Control Suffolk County Department of Health Services 15 Horseblock Place Farmingvllle, New York 11738 (631)854-2537 d. Equipment and materials used to contain small spills must be available at the facility. These materials shall be stored in an appropriate Emergency Response Materials Storage/Containment Area. At a minimum, the Permittee shall have on site the following items: DEC PERMIT NUMBER FACILITY/PROGRAM NO. 1-4722-00699/00002; PAGE 4 OF 7 52-T-83 SPECIAL CONDITIONS four empty 55 gallon drums il. 400 lbs. of absorbent material (e.g. Speedi-Dr!) iii. spill cleanup kits (e.g. absorbent pads) iv. assorted shovels and brooms e. The Permittee shall maintain Fire Protection Equipment in accordance with Local Laws and Ordinances. 6. Recordkeeping and Reporting Requirements a. A daily log shall be maintained by the Permittee at the facility. The daily log is subject to review by a NYSDEC Onsite Environmental Monitor as part of the inspection process and must be made available upon.request. At a minimum, the daily log shall include the following information: 1. Quantity, type and origin of all solid waste received or transported. ii. Quantity and destination of all recyclables and residuals transported from.the site. iii. Permittee shall maintain a log of all collector/transporters which deliver waste to the facility and the date and time of day of each such delivery and the amount of waste so delivered. iv. A notation that the Permittee has confirmed that each shipment of waste has in fact been received and accepted at a destination Solid Waste Management Facility, authorized to accept such wastes. The quantity shall be expressed in units of either. cubic yards or tors. The type of solid waste shall be one of the wastes the Permittee is authorized to receive. The origin shall be a listing of clients or customers (if solid waste is received from multiple sites along a pickup route, the daily log shall indicate as such via a route destination name or number). The destination shall be the name and location of either a secondary vendor or disposal site. b. The Permittee shall maintain at the facility: L Weight/volume tickets and disposal receipts for each shipment of material transported off-site. Such tickets or receipts shall be used to support the daily log; and ii. The waste tracking document authorized by the Department for materials leaving the facility as per 6NYCRR Part 360-16.4(1). - C. The Permittee shall maintain the daily logs and the waste tracking documents for seven years after their creation and shall make the daily logs, and all records used to support the daily logs, available to the Department immediately upon request. d. The Permittee shall submit annual reports to the Department each year by March 1 on forms provided by or otherwise acceptable to the Department. ' DEC PERMIT NUMBER Facility/Program No. PAGE 5 OF 7 1-4722-00699/00002 52-T-83 SPECIAL CONDITIONS 7. Financial Assurance The Permittee shall continue to maintain an acceptable form of financial assurance in the amount of $750,000 for a proper Part 360 closure of the facility. In subsequent years, the Department may modify this amount based on an annual review. The Permittee shall not accept any solid waste, if an acceptable form of financial assurance is not in place. The Permittee must continue to remove solid waste from the site in compliance with the storage time limitations outlined by this Permit. On -Site Environmental Monitor (OEM) The Permittee shall fund environmental monitoring services to be performed by the Department for operations directly related to Winters Bros. Waste Systems Inc. and Winters Holtsville Waste Transfer, LLC . These monitoring services will include, but not be limited to, the following: 1. Monitoring of solid waste operations to ensure operations are in compliance with appropriate regulations. 2. Provide inspections and compliance monitoring to the Permittee's facility, including construction inspections. 3. Provide monitoring to the surrounding area to monitor for facility impacts to the surrounding area. 4. Respond to complaints. 5. Offer technical assistance to the Permittee, and answer questions from the public. 6. Maintain files and databases. 7. Review annual reports, permit applications, permit modifications, and other submittals to the Department. 8. Prepare documentation for enforcement actions. b. Funds necessary to support the monitoring services and requirements for the coming year shall be provided to the Department by the Pen-nittee on an annual basis. The sum to be provided is based on annual environmental monitoring service costs of the Department and is subject to annual revision. Subsequent annual payments shall be made for the duration of this Permit or until the monitoring requirement no longer exists, whichever comes first. C. The Permittee shall be billed annually for each fiscal year beginning on April 1. If this Permit is to first become effective subsequent to April 1, the initial payment may be for an amount sufficient to meet the anticipated cost of the monitoring through the end of the current fiscal year. J. The Department may revise the required payment on an annual basis to include all of the Department's costs associated with the monitoring services. The annual revision may take into account such factors as inflation, salary increases, changes in operating hours and procedures, increase or decrease in the amount of monitoring necessary, and increase or decrease in the number of OEM and/or OEM supervisors necessary Upon written request by the Permittee, the Department shall provide the Permittee with a written explanation of the basis for any revision or modification. If such a revision is required, the Department will notify the Permittee of such a revision no later than 60 days in advance of such revision. Prior to making its annual payment, the Permittee will receive, and have an opportunity to review, an annual work plan that the Department will undertake during the year. Payments are to be in advance of the period in which they will be expended. DEC PERMIT NUMBER 1-4722-00699/00002 Facility/Program No, 52-T-83 PAGE 6 OF 7 SPECIAL CONDITIONS -- ' 9. Divestiture The Permittee shall comply with the following divestiture requirements; a. Salvatore Avellino, Jr. is prohibited, individually and as an owner, officer, director, stockholder or employee of a company, from having any direct or indirect involvement with the Permittee, including but not limited to any (1) ownership interest; (2) economic interests; (3) stock ownership; (4) investment interest; (5) equipment ownership; (6) property ownership; (7) management involvement; (8) authority to direct officers or employees of the Permittee; (9) interest as a landlord, supplier, creditor or debtor of the Permittee; (10) interest as owner of the property upon which the Permittee's facility is located; (11) having a direct or indirect interest or any involvement in the operation of any and all business activities at or near 971 Waverly Avenue, Holtsville, New York; (12) physical presence at or near 971 Waverly Avenue, Holtsville, New York. b. Additionally, Salvatore Avellino, Jr. is prohibited, individually and as an owner, officer, director, stockholder or employee of a company, from having any business relationship with the Permittee of any kind, including but not limited to any acceptance of money or other consideration from the revenues of the Permittee. C. The Permittee shall prevent any direct or indirect involvement or interest whatsoever by Salvatore Avellino, Jr. in the Permittee or its facility, including but not limited to those interests listed in subparagraph (a) of this paragraph. 10. Compliance with Federal Court Stipulation and Content Judgement The Permittee hereby acknowledges its agreement to the Stipulation of*Settlement and Consent Judgement issued by Judge F. Leo Glaser on February 28, 1994 in United States v. Private Sanitation Industry Association of Nassau/Suffolk Inc. et. al. No. CV -89-1848 with regard to Permittee and related individuals and entities, and will comply with the terms and conditions of said Stipulation and Consent Judgement as it relates to Permittee's operations under this Permit. Compliance shall be determined as provided for in said Stipulation and Consent Judgement.. DEC PERMIT NUMBER Facility/Program No. PAGE 7 OF 7 1-4722-0()699/00002 52-T-83 New York State Department of Environinentbl Conservation Division of, Environmental Permits SUNY @ Stony Brook, 50 Circle Road Stony Brook, New York 11790-3409 Telephone (631) 444-0364 Facsimile (631) 444-0360 Website: www.dec.state.ny.us October 1, 2009 Winters Brothers Waste Systems Inc. & Winters Brothers Holtsville Transfer Station LLC 1198 Prospect Avenue Westbury, NY 11590-2723 RE: Permit No.: 1-4722-00699/00002 Facility/Program No.: 52-T-83 Dear Permittee: Alexander B. Grannis Commissioner In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6 NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address . Sincerely, Carol A. Farkas Environmental Analyst CAF/Is Enclosure Ask MEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (12110) Application For Permit Transfer and Application for Transfer of Pending Application - NOTE: Please read Al_L instruct before com lednIq this a IicaUon: Please TYPE or PRINT cleadv in ink 1, LlstPermllNumber(s)AndTheirEffecliveAndExplrallonDa[es: -�-����Jy--�J-�•� ���� ~•��J•,�--`"' �••����•�-��•�-����•}�j��� 1-4722-OOS99i00002 Et%ctive 9/30/2009 Expires 912912019 List Pending Application Number(s): 7Name ansferee Telephone Number(DayUrne): Transferee is a/an:(check all thata Iaste Systems of Li LLC (631 ) 244-7272 pp y) s: ❑ Owner 0 Operator Email: joe•winlers@wfntersbroscLcom ❑ Lessee ❑ Applicant d Avenue , Stale, Zip Code: If other Ihan an individual, pmvlde Bohemia, New York 11716 Taxpayer ID Number. 3. Name Of FaclUly/project 4. Facility Contact Name: Telephone Number (Daytime): Winters Bros Waste System of Ll LLC Hollsville TS Joseph Winters Location (or Street Address. P.O. City, Stale, Zip Code, If applicable): MailingAddress., (631) 244 7272 971 Wavery Avenue Email: Joewinters@wrnc tersbros HOILsvllle, New York 11742 1590 Lakeland Avenue Lcom 'Town IVllage 1 City: County.Brookhaven Post Ofiice City, Slate, Zip Cade: Suffolk Bohemia, New York 17716 S. Has Work Begun On The Project? Yes ❑ No ❑ Ir"No," proposed starting dale: NolAppllcable Approximate completion date: 1(Ihere will be any madtficallons to the current or proposed operation or consWction, the transferee must attach a statement specifyine the details 6. CERTIFICATION: This certifies that -the Transferee seeks to be the legally responsible party for operations or project development either authorized by the permits identified above or proposed in applications identified above, The Transferee has a copy of the pemtlt(s) and/or appllcatton(s) and understands and will comply with all renditions in the referenced pennil(s) and supports the content of referenced applicaUon(s). Facility operations/project saope/dlscharges/emissiens will remain the same as authorized or as proposed in pending appilcetions. Further, f hereby affirm that under penalty of perjJdLhereln that info don provldad an this form and all attachments submitted herewith Is true to the best of my knowledge and belief. False statement re punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal law. Printed Name and Title ofTransferee Jph W me a bar Signature of Transferee _.._...__---=.w•:r`.x-...::a!'L]'•-••.:,-:_:;-rl-c::••en_�7.�+..c.ca.cc-_ �::;.=.:ai==:',� :peii 1. Name Of Transferor.. - ._'','... ,-'-=•—'=—.•^= +:.3.�- � ...-:.::: _,;_:.:- - - Progressive Waste Solutions T5 of LI Inc . Telephone Number (Daytime): If other dfan an individual, provide �~ (516) 937-09DD Taxpayer ID Number. 1198 Address: Prospect Avenue Email: kevin.walton@pmgresslvewaste.com 1798 Post Office City, State, Zip Code: Westbury, Newyork 11590 2 Name OtFaclllty/Project, if difierent from Fa lily Name in Part 1: 3. CERTiFlCAT10N: This certifies drat owne hi operallon, or a lease for the facility ldenlifed kr Part 7 of this form [] will be 1 Q utas conveyed to the party Identified as the Transferee o (dale). 1 arfrmr that this conveyance lncludes'the rights and obligations of the permits, approvals, or a ice rd n fed above. , Printed Name and file of Transferor Joh lam na ce President Signature ofTransferor Date Ukh, l S , a o t_S p approved, e6ectiv s of .._ �c� = - s _ •�=1;: •_ e, ❑ ransferof etmlt'a Transfer of errtll g ' - Trensferee subject (o coniflUons oioriglnal permit, without exception . P . 13pproved wllh th f Ilowin modlficadons or conUngencles-mlatdd to this PemtitTransfer. , it The permittee shall submit the revised O&M Manual and relafed documents in accordance with ConsenE'Orde'r'No. R•1=201430112="' :.'•'. 121, which must include an updated closure cost estimate. Revised financial assurance, if necessary, shall be in place within 60 days . ;. of the Department's approval of the closure cost estimate. The documents must include an Application for a Solid Waste _ Management Facility Permit modification request (httl2://www.dec.nv sov/chemical/s2706 htmIUMiscellaneoUs Forms). The Department will provide a modified permit with updated permit conditions, after the revised 0&M Manual and related documents are acceptable. ❑ Tratisferpf applieatiori apptgved. -See :rtlached for addltiegal (t rmadon required..*:.*.:'-. F.': )] ; 7ransfe� ileNed, rieW application required..Please'complate U/ enc!_ a e Ila ticaUop aiid vUrn il.to the imdersfgneil:RegtoriaI Perhilt - �` ' Administratoi•at'tlie addrbss.iisteii on the ieverse:side of{his f p r-pP _ _ NYSDEC PERMiTADVINIS [BATOR—+ -« SIGN A RE' f, copies to• DATE '' �1iY1 � OJL NEW YOR' DEC PERMIT NUMBER 1-4722-00699100002 FACILITY/PROGRAM NUMBER(S) 52-T-83 STATE DEPARTMENT OF ENVIRONMENTAL I Y Alft PERMIT Under the Environmental Conservation Law ,UNOM"VA I IUN EFFECTIVE DATE September 30, 2009 EXPIRATION DATE(S) 29, 2019 ElOther: ❑ Article 24: Freshwater Wetlands ❑ Article 25: Tidal Wetlands Management ❑ Articles 1, 3, 17, 19, 27,37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO TYPE OF PERMIT ❑ New 0 Renewal M Modification ❑ Permit to Construct M Permit to Operate 1 ❑ Article 15, Title 5: Protection of Waters ❑ 6NYCRR 608: Water Quality N Article 27, Title 7; 6NYCRR 360: CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER Certification Solid Waste Management ❑ Article 15, Title 15: Water Supply COUNTY TOWN WATERCOURSE NYTM COORDINATES ❑ Article 17, Titles 7, 8:SPDES ❑ Article 27, Title 9; 6NYCRR 373: ❑ Article 15, Title 15: Water Transport DESCRIPTION OF AUTHORIZED ACTIVITY: Hazardous Waste Management throughput. All facility operations involving MSW shall be performed inside the approved building. ❑ Article 19: Air Pollution ❑ Article 15, Title 15: Long Island Wells Control ❑ Article 34: Coastal Erosion ❑ Article 15, Title 27: Wild, Scenic and ❑ Article 23, Title 27: Mined Land Management Recreational Rivers Reclamation ❑ Article 36• Floodp Iain ElOther: ❑ Article 24: Freshwater Wetlands ❑ Article 25: Tidal Wetlands Management ❑ Articles 1, 3, 17, 19, 27,37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO TELEPHONE NUMBER Winters Brothers Waste Systems Inc. & Winters Brothers Holtsville Transfer Station LLC 516 937-0900 4DDRESS OF PERMITTEE 1198 Pros p ect Avenue, Westbury, NY 11590-2723 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER John Soldin er, 1198 Prospect Avenue, Westbury, NY 11590-2723 516 937-0900 NAME AND ADDRESS OF PROJECT/FACILITY Winters Brothers Holtsville Transfer Station LLC, 971 Waverly Avenue, Holtsville COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk Holtsville DESCRIPTION OF AUTHORIZED ACTIVITY: Receive and process up to 875 tons per day of municipal solid waste (MSW) based on an average monthly throughput. All facility operations involving MSW shall be performed inside the approved building. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: ADDRESS Susan V. kerman CAF SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 AUTHORID SIGN UIQ I DATE September 30, 2009 1 Page 1 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether .in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to complywith this permit, including all special conditions while acting as the permittee's agentwith respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg #40, Stony Brook NY 11790-2356 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; -b) failure by the permittee to comply with any terms or conditions of the. permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NUMBER Facility/Program Number PAGE 2 OF 7 1-4722-00699/00002 1 52-T-83 STATE 1. General SPECIAL CONDITIONS -� The Permittee, Winter -Bros. Waste Systems,lnc. and Winters Holtsville Transfer Station, Inc. must strictly conform to: a. The provisions of this Permit b. 6 NYCRR Part 360, effective March 1, 2003 c. The Engineering Report, and Operations and Maintenance (O&M) Manual, both dated September 7, 2007 prepared by Gail! Engineering, P.0 d. Order on Consent 20051205-264, executed February 28, 2006 In the event that the Permittee will modify the facility, the Permittee shall submit to the Department the proposed plans to ensure that the plans will be acceptable to the Department. The Permittee must address any comments made by the Department, and shall not modify the facility without Department approval. Based on the proposed changes, the Permittee shall revise the site plan, O&M Manual, and/or'Engineering Report as determined by the Department. 2. Authorized Activities The Permittee is authorized to receive and process up to 875 tons per day of Municipal Solid Waste (MSW), based on an average monthly throughput, The Permittee is prohibited from accepting any waste that is industrial waste, regulated medical waste, asbestos waste, hazardous waste, or liquid waste. 3. Solid Waste Storage and Processing All facility operations involving MSW, and recyclables, including, but not limited to, crushing, sorting, processing, transferring shall be performed inside the approved buildings. The amount of MSW onsite shall not exceed 1000 cubic yards. The amount of recyclables onsite shall not exceed 1200 cubic yards. No solid waste shall be placed outside the enclosed buildings for any purpose, unless it meets one of the following requirements: a. The outside storage of a maximum of 360 cubic yards of recyclabibs in roll -off containers or compactor containers. Containers being used to store recyclables that are not self -enclosed shall be covered with a waterproof material. b. The outside storage of a maximum of 600 self-contained bales of MSW wrapped with HDPE (or other Department approved) shrink wrapped and covered on all sides, top and bottom to prevent odors, leaching, vectors, and other nuisances. The storage of partially wrapped or unwrapped bales is not permitted. The loading of open top trucks shall be conducted inside the enclosed MSW tipping building, in which leachate and blowing litter shall be prevented from entering groundwater and/or surface water catchment basins. Recovered recyclables may be stored onsite for up to 60 calendar days from receipt, self-contained bales may be stored for up to 60 calendar days from production. At the close of each business day, the IVISW tipping floor shall be free from waste and swept clean. Machines shall be placed in their storage areas and the site shall be swept clean of all solid waste. Any solid waste gathered shall be placed in the proper dedicated storage containers and removed from the site for subsequent transfer to an approved disposal facility. The Permittee shall cease the acceptance of solid waste, if solid waste operations cannot be conducted in strict compliance with the Permit to Operate, 6NYCRR Part 360, and Order on Consent 20051205-264. Permittee shall continue to remove solid waste from the site, DEC PERMIT NUMBER I Facility/Program No. I PAGE 3 OF 7 1-4722-00699/00002 1 52-T-83 51 A I E DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL gONDITIONS 4. Operational Requirements a. Hours and days of operation shall not conflict with local ordinances. The Permittee shall limit the hours and days of operation from 6:00 am to midnight, Monday through Saturday, with no incoming loads after 6:00 pm each day. Site clean-up is permitted from midnight to 4:00 am following a day of facility operations, excluding Saturday. No operations of any kind are permitted on Sunday. From April 1 thru September 30, prior to a regular workday, between the hours of 5:00 am and 6:00 am, incoming waste may be accepted at the facility, however baling, screening or other processing is strictly prohibited during this time. b. The Permittee shall post signs showing the hours and days of operations, a list of materials the facility is authorized to accept, and a list of materials the facility is expressly prohibited from accepting. All signs shall be visible to any vehicle approaching the facility entrance. C. Odors, vectors, dust, and noise shall be controlled at all -times; the Permittee shall immediately Implement any controls required by the Department, including cessation of any facility operations. Offsite noise levels generated during operation shall not exceed limits set by local zoning ordinances as well as those set forth in 6 NYCRR Part 360-1.14(p). If noise is deemed by the Department to be excessive, the Permittee shall modify the facility and/or equipment to rectify the situation. d. A supervising attendant shall be on duty during all hours of operation. The attendant shall inspect all vehicles entering the facility and shall reject any loads containing unauthorized and/or suspicious materials. 5. Contingency Planning a. In the event that any hazardous wastes, industrial wastes, medical wastes, or other regulated wastes not expressly allowed under this Permit are accepted by the facility they shall be contained properly and secured immediately. The owner/operator of the facility shall verbally notify the Department and the Suffolk County Department of Health Services within 24 hours of the event. The waste material shall be removed by a waste transporter authorized under 6NYCRR Part 364 to transport such waste. A written report of the event shall be submitted to the Department within 5 business days. b. The Permittee shall verbally notify the Department within 18 hours of any occurrence of any event which causes the facility to cease operation for a period of 48 hours or more. Such an event would include a fire, spill, equipment breakdown or other similar events. A written report shall be submitted to the Department within 5 business days of the event. C. The required notifications stated above shall be directed to the following offices: NYSDEC Division of Solid & Hazardous Materials 50 Circle Road Stony Brook, New York 11790-3409 (631) 444-0375 ii. Office of Pollution Control Suffolk County Department of Health Services 15 Horseblock Place Farmingville, New York 11738 (631)854-2537 d. Equipment and materials used to contain small spills must be available at the facility. These materials shall be stored in an appropriate Emergency Response Materials Storage/Containment Area. At a minimum, the Permittee shall have on site the following items: DEC PERMIT NUMBER FACILITY/PROGRAM NO. 1-4722-00699/00002 PAGE 4 OF 7 52-T-83 SPECIAL CONDITIONS four empty 55 gallon drums il. 400 lbs. of absorbent material (e.g. Speedi-Dri) Iii. spill cleanup kits (e.g. absorbent pads) iv. assorted shovels and brooms e. The Permittee shall maintain Fire Protection Equipment in accordance with Local Laws and Ordinances. 6. Recordkeeping and Reporting Requirements a. A daily log shall be maintained by the Permittee at the facility. The daily log is subject to review by a NYSDEC Onsite Environmental Monitor as part of the inspection process and must be made available upon -request. At a minimum, the daily log shall include the following information: Quantity, type and origin of all solid waste received or transported. Quantity and destination of all recyclables and residuals transported from the site iii. Permittee shall maintain a log of all collector/transporters which deliver waste to the facility and the date and time of day of each such delivery and the amount of waste so delivered. iv. A notation that the Permittee has confirmed that each shipment of waste has in fact been received and accepted at a destination Solid Waste Management Facility, authorized to accept such wastes. The quantity shall be expressed in units of either. cubic yards or tons. The type of solid waste shall be one of the wastes the Permittee is authorized to receive. The origin shall be a listing of clients or customers (if solid waste is received from multiple sites along a pickup route, the daily log shall indicate as- such via a route destination name or number). The destination shall be the name and location of either a secondary vendor or disposal site. b. The Permittee shall maintain at the facility: L Weight/volume tickets and disposal receipts for each shipment of material transported off-site. Such tickets or receipts shall be used to support the daily log; and ii. The waste tracking document authorized by the Department for materials leaving the facility as per 6NYCRR Part 360-16.4(1). - C. The Permittee shall maintain the daily logs and the waste tracking documents for seven years after their creation and shall make the daily logs, and all records used to support the daily logs, available to the Department immediately upon request. d. The Permittee shall submit annual reports to the Department each year by March 1 on forms provided by or otherwise acceptable to the Department. IDEC PERMIT NUMBER Facility/Program No. PAGE 5 OF 7 1-4722-00699/00002 52-T-83 SPECIAL CONDITIONS Financial Assurance The Permittee shall continue to maintain an acceptable form of financial assurance in the amount of $750,000 for a proper Part 360 closure of the facility. In subsequent years, the Department may modify this amount based on an annual review. The Permittee shall not accept any solid waste, if an acceptable form of financial assurance is not in place. The Permittee must continue to remove solid waste from the site in compliance with the storage time limitations outlined by this Permit. 8. On -Site Environmental Monitor (OEM) a. The Permittee shall fund environmental monitoring services to be performed by the Department for operations directly related to Winters Bros. Waste Systems Inc. and Winters Holtsville Waste Transfer, LLC These monitoring services will include, but not be limited to, the following: 7. Monitoring of solid waste operations to ensure operations are in compliance with appropriate regulations. 2. Provide inspections and compliance monitoring to the Permittee's facility, including construction inspections. 3. Provide monitoring to the surrounding area to monitor for facility impacts to the surrounding area. 4. Respond to complaints. 5. Offer technical assistance to the Permittee, and answer questions from the public. 6. Maintain files and databases. 7. Review annual reports, permit applications, permit modifications, and other submittals to the Department. 8. Prepare documentation for enforcement actions. Funds necessary to support the monitoring services and requirements for the coming year shall be provided to the Department by the Penmittee on an annual basis. The sum to be provided is based on annual environmental monitoring service costs of the Department and is subject to annual revision. Subsequent annual payments shall be made for the duration of this Permit or until the monitoring requirement no longer exists, whichever comes first. C. The Permittee shall be billed annually for each fiscal year beginning on April T. If this Permit is to first become effective subsequent to April 1, the initial payment may be for an amount sufficient to meet the anticipated cost of the monitoring through the end of the current fiscal year. The Department may revise the required payment on an annual basis,to include all of the Department's costs associated with the monitoring services. The annual revision may take into account such factors as inflation, salary increases, changes in operating hours and procedures, increase or decrease in the amount of monitoring necessary, and increase or decrease in the number of OEM and/or OEM supervisors necessary. Upon written request by the Permittee, the Department shall provide the Permittee with a written explanation of the basis for any revision or modification. If such a revision is required, the Department will notify the Permittee of such a revision no later than 60 days in advance of such revision. e. Prior to making its annual payment, the Permittee will receive, and have an opportunity to review, an annual work plan that the Department will undertake during the year. Payments are to be in advance of the period in which they will be expended. DEC PERMIT NUMBER I Facility/Program No, PAGE 6 OF 7 1-4722-00699/00002 52-T-83 SPECIAL CONDITIONS Divestiture The Permittee shall comply with the following divestiture requirements: Salvatore Avellino, Jr. is prohibited, individually and as an owner, officer, director, stockholder or employee of a company, from having any direct or indirect involvement with the Permittee, including but not limited to any (1) ownership interest; (2) economic interests; (3) stock ownership; (4) investment interest; (5) equipment ownership; (6) property ownership; (7) management involvement; (8) authority to direct officers or employees of the Permittee; (9) interest as a landlord, supplier, creditor or debtor of the Permittee; (10) interest as owner of the property upon which the Permittee's facility is located; (11) having a direct or indirect interest or any involvement in the operation of any and all business activities at or near 971 Waverly Avenue, Holtsville, New York; (12) physical presence at or near 971 Waverly Avenue, Holtsville, New York. b. Additionally, Salvatore Avellino, Jr. is prohibited, individually and as an owner, officer, director, stockholder or employee of a company, from having any business relationship with the Permittee of any kind, including but not limited to any acceptance of money or other consideration from the revenues of the Permittee. C. The Permittee shall prevent any direct or indirect involvement or interest whatsoever by Salvatore Avellino, Jr. in the Permittee or its facility, including but not limited to those interests listed in subparagraph (a) of this paragraph. 10. Compliance with Federal Court Stipulation and Content Judqement The Permittee hereby acknowledges its agreement to the Stipulation of'Settlement and Consent Judgement issued by Judge F. Leo Glaser on February 28, 1994 in United States v. Private Sanitation Industry Association of Nassau/Suffolk Inc, et. al No. CV -89-1848 with regard to Permittee and related individuals and entities, and will comply with the terms and conditions of said Stipulation and Consent Judgement as it relates to Permittee's operations under this Permit. Compliance shall be determined as provided for in said Stipulation and Consent Judgement.. DEC PERMIT NUMBER 1-4722-00699/00002 Facility/Program No. 52-T-83 PAGE 7 OF 7 New York State Department of Environmental Conservation Division of Environmental Permits SUNY @ Stony Brook, 50 Circle Road Stony Brook, New York 11790-3409 Telephone (631) 444-0364 Facsimile (631) 444-0360 Website; www.dec.state.ny.us October- 1, 2009 Winters Brothers Waste Systems Inc. & Winters Brothers Holtsville Transfer Station LLC 1198 Prospect Avenue Westbury, NY 11590-2723 RE: Permit No.: 1-4722-00699/00002 Facility/Program No.: 52-T-83 Dear Permittee: Alexander B. Grannis Commissioner In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6 NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address . Sincerely, Carol A. Farkas Environmental Analyst CAF/Is Enclosure AOL NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (12/10) Application For Permit Transfer and Application for Transfer of Pending Application 1. List Permit Numbers) And Their Effective And Expiration Dates 1-4722-00699100002 Effecllve 9/30/2009 Expires 9/2912019 Llst Pending Application Number(s): 2. Name Of Transferee: Telephone Number (Daytime): Transferee is afan: (check all that apply) Winters Bros Waste Systems of LI LLC (631 ) 244-7272 PP y) Mailing Address: ❑ Owner ID Operator 1590 Lakeland Avenue :Email: Joe.wlnters@winlersbroscLcom ❑ Lessee ❑ Applicant Post Office City, Stale, Zip Code:' If other than an individual, provide Bohemia, New York i 1T1 a Taxpayer ID Number. 3. Name Of FaclGtylProjecL 4. Facilly Contact Name: Telephone Number (Daytime): Winters Bros Waste Systemof LI LLC Holtsville TS Joseph Winters Location (or Street Address. P.O, CRY, State, Zip Code, If applicable): Mailing Address: (631) 244 7272 971 Wavery Avenue Email: Joe wlntersOwinlersbrosc HOItsvIlle, New York 11742 1590 Lakeland Avenue Lcom 'Town /Village / City.- County.Brookhaven Suffolk Post Office City, Slate, Zip Cade: Bohemia, New York 11716 S. Has Work Begun On The Project? Yes ❑ No ❑ if "No; proposed starting dale: Not Applicable Approximate completion date: --if there will be any modifications to the current or proposed operalton or conslrucllon, the transferee must attach a statement specifyino the delalls S. CERTIFICATION: This certifies that -the Transferee seeks to be the legally responsible party for operations or project development either authorized by time permits identified above or proposed in applications identified above. The Transferee has a copy of the permlt(s) and/or applicaGon(s) and understands and will comply with all conditions in the referenced pernit(s) and supports the content of referenced appfcation(s), here Facility affirm that under nattyicopad[schargeth isslons will remain the same as authorized or as proposed in pending applications. Further, f hereby affirm That under penalty of perju that info on provldad on this torn and all attachments submitted herewith Is true to the best of my knowledge and belief. False slalemen du herein re punishable as a Class A misdemeanor pursuant to Section 210AS of the Penal law. Printed Name and TIUe of Transferee Jos 1311 W me a her Signature afTransferee -_—_._ -- «..�.c.�:nioz5==_�-: •-- 1=a.;,_�,a- _;tr..>—•-•—.t »_G7•.:^i'-_:' �`i1 1. Name Of Transferor, Telephone Number( Da ) If other Than ame : a, Progressive Waste Solutions TS of Ll Inc ( ) n individual, provide 516 937-0900 Mailing Address: Taxpayer ID Number. 1198 Prospect Avenue Email: kevin•wallon@progressivewaste.com - Post Office City, Slate, Zip Code: Westbury, New York 11s90 2. Name Of Facllltyipro)ect, it different from Fa Illy Name in Part 1: 3. CERTIFICATION: This certifies that owne hi operation, or a lease for the facility Identified In Pert 1 of this fort ❑ will be / ❑ was conveyed to the party identlried as the Transferee a (date). 1 affirm that this conveyance includes•the rights and obligations of the permits, approvals, or a ice 1d nufred above. Printed Name and Title of Transferor Joh Lam na ce President SignatureafThan sferar +- - Dat=_.��rh, o r S ❑ 2nsferofpaimlfapproved,effectiv sof. — _ - :��r:_: mss.-��:_,�.: __4 Ve�;,•s-`fc`- Transfer of efmll 9 T Maslen subJeeL (o condlUons of omiglnal permit, without excep0on P . ;approved wiUl Um f Ilowin modifications or conUngencles.related to this PermltTransfdr.• •. _ --- The permittee shall submit the revfsed O&M Manual acid related documents in eC`c rilance with Consent Order'No. R'1=20Y43002='""=,'•'- 121, which must include an updated closuie cost estimate. Revised financial assurance, if necessary, shall be in place within 60 days ;. ofthe Department's approval of the closure cost estimate. The documents must include an Application for a Solid Waste Management Facility Permit modification request (http://www.dec.!I goy/chemical/52706 htmifMiscellaneous Forms). The [)epartment will provide a modified permit with updated permit conditions, after the revised O&M Manual and related documents are acceptable. ❑=Trdrisferpf applicaUori approved. See irttached fo41h matbn required, :- :'• :` _ _ _ ❑-Transfee imamelf, fiew application required..Pldased a erthlt a AdmfnistratoiViiia addfe-ss;listeil an ifme ievefse sp �ppfcallon and:re[um lt.to the understigned_Regional Perinit - IS tdYSDECPERMiTADtAINIST.RATOR:'•:copies lo• • • DATE;•'' _ Mk NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4720-00634 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: Fa WINTERS BROS WASTE SYSTEMS OF LONG WINTERS BRO9'WASTE SYSTEMS OF LONG ISLAND LLC ISLAND LLC C/O JOSEPH WINTERS 19 NANCY STISCTM # 166-L"78-1-31 & 46 1590 LAKELANDAVE WEST BABYLON, NY 11704 BOHEMIA, NY 11716 (631) 244-7g'-72 Facility,...-' Application Contact: EUGENE G KEMPEY KEMPEY ENGINEERING 4 BRUNSWICK DR EA' NORTHPORT, NY 11731 Facility in BABYLON in SUFFOLK COUNTY Facilit y Principal Reference Poinf:''NyW-'E­':' 635.3 NYTM-N: 4510.3 ........:,..Latitude: 40'43'57.1" Longitude: 73*23'51.8" AuthorizedAjetivity: Operate a solid wa anagement facility, receiving and processing up to 600-.",51 ' tons;per day of municipal. solid waste (MSW) and-,,s4-?pKqe separated recyclables,�,,Av.- ged over a two -6 week period. The permittee may not accept more th an s.4ot4-;'-- W and recyclables in any cal6fidar year. Solid Waste Management - Under Article 27, Title 7 Permit ID 1-4720-00634/00007 Renewal Effective Date: 5/18/2012 Modification # I Effective Date: 12/9/2013 Modification # 2 Effective Date: 2/19/2015 Expiration Date:.,5917/2017 Expiration D.9te: 5/17/2017 Expiration bate: 5/17/2017 Page 1 of 9 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4720-00634 V I NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: SUSAN./ Address: NYSD.EC- $PN Y @ Authorized SWihture: EUGENE G KEMPEY SYE]b H RAHMAN WADE. J S MANAGEMENT 4 1 HEADQUARTERS BROOK150 CIRCLE RD NY 11790 -3409 Distribution List ITIONS CONDITIONS, APPLY TO ALL AUTHO TION OF OTHER PERMITTEE OBLIGATIONS Date -1/ ')b/5 1. Conformance With Plans All activities authorized by this permit must be in strict conform-ance with the permit application, plans and materials prepared by the permittee or permittee's consultant on. the date specified in Permit Condition 2. 2. Terms of Operation., Approval for Changes The facility shall be operated in: conformance with: a. Terms and condition"s"of this permit; b. Current 6 NYCRR Part 360 Solid.Waste Management. Facilitids'regu lations, or any revisions hereafter promulgated; Page 2 of 9 Aft 'NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Ishme Facility DEC ID 14720-00634 ' ' ' C. The following documents (if there are conflicts among the documents, the newest one effective): • Engineering Report, Operations and Maintenance Manual, and related documents dated December 2001 • Permit renewal application dated December 28, 2006 • Building addition documents dated April 22, 2008 • Revised permit renewal application dated October 23, 2009; and related documents prepared by Kempey Engineering Any revision to the above approved documents identified in item (c) of this -condition or to the operations at this site requires prior written approval from the Department. Thepermittee shall not add a facility component thAt"would otherwise qualify as an exempt or registered facility unless the permittee first receives a modified permit to incorporate' the additional component of the operation:, If -any of the bove documents conflict with any condition of this permit, the permit condition:.. shall prevail. ' 3. Authorized Activity The permittee is authorized to receive and process up to 600 tons per day of nunicipal solid waste (MSW) and source separated recyclables, averaged over a two week period: Th 4:s )ermitee may not accept more than 183,600 tons total of MSW and recyclables in any calendar year. 4. Unacceptable. WastesThe :pernuttee is_.prohibited from accepting the following type(s),of waste:'4 industrial waste,�medical waste, hazardoiis waste; liquid wasfe; radioactive waste, septage;`sewage sludge, and asbestos waste . The perinittee shall also not receive any load of MSW which contains source sepArated recyclables that have been commingled with MSW. _ 5. Waste Handling The permittee shall comply with the following requirements: a. All'activities, including but not limited to loading, unloading, sorting, processing, and storage, sli ill be perforrriedinside :the.enclosed.building_N solidwaste.shall.be-placedoutside, the enclosed.buildng. b. At the end=of each- workday the=facility=and tipping areas sfiall °be cleaned=°of=any solid Waste.Al1 overnight storage of solid waste shall be in its respective storage area. c. MSW shall not `remain at the facility for more than 7 days. Recovered recyclables shall. -not be at the facility for more t1i 0 days. d. The permittee shall ensure that all vehicles transporting waste to and from.the facility are appropriately enclosed or covered to -prevent littering of roadways approaching the site. e. The high speed doors, as well as the other doors to the building, must remain closed at all times, except when personnel, trucks, or equipment enter or exit the building. In addition, all loaded trailers must be directly sprayed with odor neutralizing agent on all the exterior surfaces of the bales and/or loose MSW, as well as on the truck or trailer tires prior to exiting the building. Page 3 of 9 Mk NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION '10hom Facility DEC ID 14720-00634 r ' 6. Maximum Quantity Onsite The permittee shall not exceed the following quantities onsite: a. 728 tons of MSW - 380 tons in the tipping area, 102 tons in the bulk waste storage area, and 246 tons in the bale storage area. b. 500 tons of recovered recyclables. 7. Hours of Operation Hours of operation'§ha1F`rioff &i fliet=with-any local laws or ordinances. The permittee shall limit the hours and. ---days of operations from 6:00 AM`to 6?,Q PM, Monday through Saturday. No operations. oflany kind are permitted on Sunday. 8. Signs The permittee shall post signs showing hours of operation, and indicating tlathazardous waste, industrial. waste, medical waste, liquid waste, and asbestos waste are prohibited from being accepted at the0facility. The signs shall be located so that they are visible to any vehicles and/or person approachinhfacility. 9. Waste Control An attendant shall be on duty during all hours of operation. The attendant sliall inspect"all vehicles entering the facility, rejecting any loads containing unauthorized material. 10. Control of Nuisance Conditions Odors, dust, insects, vectors, noise, blowing litter, and other poteri ial nuisances shall be adequately controlled at all times. The permittee shall immediately implement any controls required by the Department including cessation of facility operations. 11. Fire Protection and Detection The permittee -shall maintain fire protection anddetection equipment in_ accordance' withlocal=-laws, and ordinances. _ 12.:=Cessation of Operations The permittee sh' llnzverbally notify the Department -7 ithin 18 hours of ani occurrence of any event which causes the facility to cease' operation:.for°a=period of 48 hours or more. ;. Such an event would include a fire, spill, equipment breakdown, or similar event. A written report shall be submitted to the Department within 7 days of the event. 13. Ultimate Disposal of Waste All solid waste passing through the facility must be ultimately disposed -of at;a.facility, authorized.by the.;Department:if located.inNew.Rork:State,,.or.,:by.:the;appropriati governmental agency or agencies if in other states, territories, or nations. 14. Unauthorized Waste In the event that any hazardous waste, medical waste, or other regulated waste not allowed under this permit is accepted at the facility, the unauthorized waste shallbe contained and properly secured immediately. The permittee shall notify the Department and the Suffolk County Department of Hearth _Services within 24 hours of the event. The waste material shall-!. removed by a waste transporter authorized under 6 NYCRR Part 364 to transport such waste. A written report shall be submitted to the Department-mithin 7 days of the event. Page 4 of 9 Am NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 10how Facility DEC ID 1-4720-00634 1 1 % 15. Small Spill Containment The facility shall keep available at the site equipment and materials necessary to contain small quantities of chemicals or spills. These materials shall be stored in well identified accessible storage areas. As a minimum, the following must be available at all times: Four (4) 55 -gallon drums with covers and securing rings 400 lbs. absorbent material (e.g. Speedi-Dri) 50 lbs. Boric Acid 50 lbs. Sodium Bicarbph"6te" Assorted brooms; ---shovels, gloves, masks, and other protective gear 16. Maintenaniz.ei-Rhd Repair of Facility The permittee shall adequately maintain ais' idmake repairto the facility as necessary. This includes any part of the facility, such as doors to buildings; -6dor and dust controls and-Auipment; punctures, holes, or other damage to buildings; minimizing the ponding of stormwaten"and concrete and/ or asphalt pavement that becomes damaged or worn. The pe.,,.,, ee shall undertake all repairs immediately and have all work completed within one week. % Repairg'related to dust or odor controls must be completed within 24 hours. If the permittee is una�' e to complete repairs within the specified time outlined by this condition, the permittee shall provide anvM acceptable schedule to the Department which shall include a description of the work to be completed --,an any controls that will be implemented to ensure the facility remains in compliance with this permit, 17. Comprehensive',R-,e*c*y"c,-I,.i"-n"g",'.A:na.1ysis The permittee must not accept at the facility solidvwa; which was. --g8 ei'ed within a municipalft'y--w.hich has either not completed a Comprehensive R"Oc .---i An@y9is (CRA) or is not included in another mb'fl"IPIRWAY's CRA satisfying the re- rements of 6NY,CRR Part 360-1.9(f) which has been approved by f ---Dep- pat-afff-1*1emented the rea recovery program determined to be feasible by the analysis. 18. R."ecordkeeping Requirements The permittee shall maintain the following records at the facility for 7 years-firom the date of creation and be available immediately to the Department upon request: a. Daily log of s - olid waste received and transported* from the facility which includes: i. Type, quantity, and origin of the solid waste received. I c blqs.t Quahity and destination of All reit _yqj@�_ iii. QuajAity and destination of all non-recyclables and residuals transported forSP osal. b. All weight tickets, Hauling receipts, disposal receipts, invoices, tracking documefits, etc. to support entries made into the daily'"16g,,. 19. Reporting Requirements The permittee shall submit the.,origin"al copy of the annual report to the Region I Office located at the New York State Department of Environmental Conservation, Division of Materials Management, 50 Circle Road, SUNY @ Stony Brook, NY 11796, and a copy to the Central Office at New York State Department of Environmental Conservation, Division of Materials Management, Bureau of Permitting and Planning, 625 Broadway, 9" Floor, Albany, NY 12233-7253. The report must be submitted no later than March 1 following each year of operation on forms prescribed by or acceptable to the Department. Page 5 of 9 'NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 14720-00634 ' 1 . AM Iowa 20. Financial Assurance The permittee shall submit a revised closure cost estimate for financial assurance within 30 days from the effective date of this permit. The permittee shall maintain the financial assurance in the amount of $650,000, or a revised amount required by the Department, within 60 days of the Department's approval of the closure cost estimate. The Department reserves the right to adjust the amount of the financial assurance in the future to account for increases in closure costs, and for n_ on-compliance•with any._conditions of this permit and any requirement of 6 NYCRR Part .3..60'. ` In the event that the permittee fails to maintain financial assurance as required by permittee must immediately cease accepting solid waste until financial assurance Department is #$lace. permit, the btable to the Within 10 days from the cessation of the required financial assurance, the .permittee shall have ,all solid waste, including recovered recyclables, removed from the facility and the facility shall be in."broom clean" condition. 21. Environmental Monitor The environmental monitor for the permittee's facilities shall be funded in accordance with the following: "...:..':y.',���: :':::: is ::":'.::"::: _:: -:::=:'::: .:.^._*. _^":` _ �:::"%::::....i•.?: _'::-r,L:.^.?�c:_:.;;�r;: .� ;,::: ::.-:_":^:i:P•^.: a. The permittee shall fund environmental momtonng-services to be performed by or on behalf of the "' Department. These;monitoring:services will include, but not be limited to, the scope of work in an annual environmental monitoring work an, which is incorporated by reference and enforceable under this .nermit. - b. The permittee shall provide to the Department on an annual basis the funds necessary to support the activities set forth in the annual environmental monitoring work plan. The sum to be provided will b"' based, -:on the annual budgeted amount and is subject to annual revision. Subsequent annual payments shall Be made for the duration of this permit or until the environmental monitoring services are no longer necessary whichever comes first. :._..._...: :. Z. _ ..........:.._..w_. : . c. The perrriittee`shall~l e'liilled`.annually -prior-to ". staff -of each-`S'tate-`Fiscal`Year (SFY)' (Apri1 1). If this permit "is -_to first become effective subsequent to April 1, the initial bill will be for an amount sufficient to meet the anticipated cost of the environmental monitoring services through the end of the current SFY. d. The Department may -revise the required annual bill on an annual basis to include all of the Department's estimated costs associated with the environmental monitoring:services. The annual revision may take into account such factors as inflation, salary increases changes in the fringe benefits rate, changes in operating hours and procedures changes.in.rion-personal service costs (including travel, training, sampling and analytical, and equipment costs, etc.), an increase or decrease in the level of environmental monitoring services necessary, and an increase or decrease in the number of environmental monitors. Upon written request by the permittee, the Department shall provide the permittee with a written -explanation of the basis for any revisions. Page 6 of 9 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4720-00634 ' Ak Whom e. Prior to making its annual payment, the permittee will receive, and have an opportunity to review, an annual environmental monitoring work plan that the Department will undertake during the year. f. Payments are to be made in advance of the period in which they will be expended and shall be made in full within 30 days of receiving a bill from the Department. The bill from the Department to the permittee will provide information regarding to whom payments should be made payable and the address to which payments should be sent. g. Failure to make the required payments shall be a violation of this pe t::The Department reserves all rights to take appropriate=action to enforce the above payment provisions. h. The environmental monitor shall, when present at any of the permittee's facilities, abide by all of the permittee's health and safety and operational requirements and policies, if such requirements and policies exist; and provided they are not inconsistent with Department policies and labor management contracts, and further provided, however, that this shall not be construed as limiting the environmental monitor's:' wers as otherwise provided for by law and shall not result in the environmental monitor being afforded less protection than otherwise provided to the environmental monitor by State and .: Federal, health and safety requirements. i. The environmental monitor shall receive from the permittee all general and site-specific safety training whichis normally given to new facility/site employees for all areas of the facility or site. This training willbe. a..supplement to_the_health.and safety training_that.the,environmental.monitozreceiyes from the Department. • �--� w__....�_W...�_..�.w.__�����. .•..,_..,.._:� ...:_�:..__ :_..:...,_....�_._:��._�.� ..._� ._.------•-•-•-•---�: j. The .enAiftee shall immediate) flu -nigh %o.Ahe environmental monitor any facility/.site-l" and safety` and operational requirements and policies: =Within five (5) days of any reyision to the facility/site , health and safety and operational requirements and policies '=the:permittd shall furnish to the environmental monitor the health and safety and operational requirements and policies. k. The- environmental monitor shall be permitted to use environmental monitoring and data collection devices,,(e.g., photo ionization detectors, cameras, video recording devices, computers, cell phones;: etc.) deemed:necessaryby.,the.,Department:to::evaluate_and=:document observed:conditions..-t.Copies:.of the data or images collected.fxom,,areas,,where^confidentiality;is.a,concern.,shall.be provided to ,t ,permittee upon their request. The permittee may request the data and images be considered confidential information if appropriate. ,. 1. It will remain the. responsibility of the permittee to contact the Spill Hotline or any Division within the Department regardiiig;any required notification of any spill, release, exceedances etc' Notification to the environmental monitor Will not be considered sufficient to replace and required, notifications. Page'7 of 9 AM 'NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4720-00634 GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such repres'entat'ive -order -' the ""w'"'o'-'rk:a ended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall prffide a person to accompany the Department's representativW?during an inspection to the permit are4,w" hen requested by the Department. A copy of this"p ermit, including all referenced maps, drawings and special conditions, must',be be available for inspect -io by the Department at all times at the project site or facility. Failure to produce"`a-`�y.copy of the permit. -upon request by a Department representative is a violation of this permit. 2. Relationshipof this Permit to Other Department Orders and Determinations Unless ex expes provi&d for by the Department, issuance of this permit does not modify, supersede or rescind any 61 or dArinination previously issued by the Department or -any of the terms, conditions or requirement �7,' i contained in such order or determination. 3. ����P'erffiifkie`fi`ewa separate written a .p .plipationAo,--the.,D9partment for permit renewal, modification or transfer of this._ -..,,- permit. Such --application must inclu_lkahy ,,-forms or supplemental information the Dep artr6d requii Anygpfi6Wal, modification or transfer grant6d"Vy,-the Department must be in writinef"."'Submission of applications for permit renewal, modification or transfer-ET.P. o.tq, ubmitte(I-I Regional Permit Administrator NYSDEC REGION I HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK, NY1 1790 -3409 4.T.b-evpermittee,-- -must---submit-.-.-a•,reiiewal.'appl-icat-icin----at�.--.Ieast 180 days before -permit expiration for the following permit authorizations: Solid Waste Managem6fit. 5. Permit Modifications, Suspensions and Revocations by the Department The Depo' . rtment reserves the rightf6...pxercise all available authority to modify, suspend or revoke this.m.p6`h'nit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; Page 8 of 9 Alm NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION lobw� Facility DEC ID 1-4720-00634 r ` It e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE Item A: Permittee. -.-Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold ham less the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's .acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or'.. intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78..of the.New.York Civil Practice Laws andRules or any citizen .suit or civil rights .provision - - under federal or state laws. _...:.:. _:_._._-...._. Item B: Per..mifte s Contractors to Comply=with Permit The permittee is responsible for informing its independent contractors, employees, ;agents and assigns of ; their responsibility to comply with this permit, including all special conditions' -while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions. for violations of the Environmental Conservation Law as those prescribed for the permittee. Item. C: Permittee Responsible for Obtaining Other Required Permits The permittee--is;responsible for: obtaining;any-.other.pemuts;-approvalsidands;;;.easements_and;rights-of way that may be rp"red,to carry out activities that. are authorized.by Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest. in real or personal property held or vested in a person nota party to the permit. Page 9 of 9 WMTORS H M�80 WASTE SYSTEMS Resume Summaries Joe Winters — President: A second generation veteran of the waste industry, Joe has more than 30 years of operating experience. Joe built, owned and operated Winters Bros. Waste Systems, Inc., the largest waste company on Long Island, NY. He sold the company in 2007 to IESI which later became Progressive Waste Solutions. Joe also built, owned and operated All Cycle Waste Systems, Inc. of Vermont which was sold in 1997 to Casella Waste Systems. Currently, Joe is an owner and operator of Winters Bros. Waste Systems with operations in Connecticut and on Long Island. Sean Winters — Vice -President: Another second generation veteran of the waste industry, Sean has more than 30 years of operating experience. Along with his brothers, Sean built, owned and operated Winters Bros. Waste Systems, Inc., the largest waste company on Long island, NY. He sold the company in 2007 to IESI which later became Progressive Waste Solutions. Sean also owned and operated All Cycle Waste Systems, Inc. of Vermont. Currently, Sean is an owner and operator of Winters Bros. Waste Systems with operations in Connecticut and on Long Island. Bill Brennan - Vice -President, Transfer and Recycling: A veteran of the waste industry Bill has more than 30 years of operating experience. He served in senior management positions for Waste Management of New York. He was the founder and owner of WBREN, Inc. — a waste consulting firm. He also was a founder and owner Nu -Way Recycling Corp. and Riteway Recycling in Florida. Currently, Bill oversees all of Winters Bros facilities including operations in Connecticut and on Long Island. Will Flower — Manager: A 32 year veteran in the waste management and recycling industry. Prior to joining Winters Bros., Will served as the President of Green Stream Recycling on Long Island. He has worked in the Director's Office of the Illinois Environmental Protection Agency, for Waste Management, Inc. and later, for Republic Services. Inc. He has held operational and executive leadership positions. John Soldinger — Manager of Transfer Stations and Transportation Logistics: John has 38 years of operational experience working at waste and recycling facilities on Long Island and in New York City. Currently, he manages multiple transfer operations and coordinates that logistics for the movement of solid waste and recyclables. 1198 PROSPECT AVENUE, WESTBURY, NY 11590 0: (516) 937-0900 0: (631) 491-4923 F: (516) 334-3205 APPENDIX A SAMPLE OPERATING AGREEMENT (CONTRACT) THIS AGREEMENT, made on the day of , 20 , 72 P , u by and between the Town of Southold, a municipal corporation of the State of New York having its Principal place of business at 53095 Main Road Southold, New York hereinafter called the "Town" and hereinafter called the "Contractor." WITNESSETH WHEREAS, Contractor has submitted to the Town a bid dated 20 , ("Bid") in response to the Town's Bid Solicitation for Solid Waste Hauling - Disposal Services dated 20 , ("Solicitation"); and WHEREAS, the Town Board of the Town of Southold by resolution No. adopted on authorized the Town Supervisor to enter into an agreement with the Contractor to perform certain services in connection with the handling of solid waste, NOW, THEREFORE, it is mutually covenanted and agreed by and between the parties hereto as follows: DEFINITIONS - Terms defined in the Bid Solicitation shall have the same meaning as if defined herein. II. SCOPE OF SERVICES - The Contractor shall perform the services in accordance with the description of those services as set forth in the Solicitation. III. TERM OF AGREEMENT The term of this Agreement shall be two and one-half (2.5) years (30 months) commencing on July 1, 2015, with the potential for two (2) additional option years. The Town and the Contractor, by mutual consent, shall have the option of renewing this Agreement for up to two (2) additional one-year terms at the prices bid herein. Notice of this mutual consent to be expressed by the parties in writing not less than six (6) months APPENDIX A-1 prior to the expiration of the term in force (i.e., by July 1, 2017, January 1, 2016, and July 1, 2018). Similarly, notice by either party of the intent to reject any option year shall be submitted in writing by the same date (January 1) of each year. 73 F I , The Town -reserves the right to may terminate the Agreement at any time after Year Two (i. e., after December 31, 2017) of the Agreement for the purpose of entering into an inter- municipal solid waste haul/disposal Agreement with another Long Island Town by giving one -hundred eighty (180) days written notice to the Contractor. 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 tonnage 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 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 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 solid waste 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 regulations applicable to ail of the services to be performed Contractor. APPENDIX A-2 C. Contractor represents that the information furnished by Contractor in the 74 t , 4 l 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 its work hereunder, Contractor shall submit to the Town an and a WBE Utilization Plan, prior to execution of this Agreement, D. In the event the Contractor's Disposal Site is unable to receive and dispose of the Town's waste 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. INDEMNIFCATION INSURANCE/BONDS A. Contractor agrees to defend, indemnify and save harmless the Town of Southold against any and all liability, loss, damage, detriment, suit, claim, demand, cost, charge, 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 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 APPENDIX A-3 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, 75 e 1 0 s 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 the foregoing indemnification. C. Contractor shall, for the period of the performance of services hereunder, maintain a Performance Bond in the amount of one million ($1,000,000.00) 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 APPENDIX A-4 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; 10 r 1 4 x 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 foregoing, such acts or events shall include the following: (1) an act of God (but not including reasonable anticipated weather conditions for the geographic area of the Town or 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 (4) the presence of hazardous waste upon, beneath or migrating from the Transfer Station. It is specifically understood that none of the following acts or conditions shall constitute uncontrollable circumstances: (a) general economic conditions, interest or inflation rates, or currency fluctuations; (b) the financial condition of the Town, the Contractor, any of its affiliates or any sub -contractor; (c) union work rules, requirements or demands 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 practices on the Contractor's costs; (f) any act, event or circumstances occurring outside of the United States, or (g) any change in law or in the permit conditions or status of the Transfer Station Disposal Site or alternate Disposal Site. APPENDIX A-5 IX. SUBONTRACTS Contractor shall not enter into any subcontracts in connection with the services to 77 < 0 , 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 obliges. X. PREVAILING WAGE RATES Contractor agrees to comply with the provisions of the New York State Labor Law relating to the payment of prevailing wage rates to the extent applicable, or the applicable State Law in the state of disposal. In the event that at any time during performance under this Agreement the Contractor is required to increase the wages paid to any of its employees as a result of such requirement, all costs 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 + OVERHEADO + PROFIT For the purposes of this Section: APPENDIX A-6 A. DIRECT LABOR COST shall include hourly wages, including overtime premiums actually paid plus the following fringe benefits -associated with those wages — group 78 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 off 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, buildings, or real property of the Town since such personal property is exempt from taxation York State Tax Law, 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. PROFITS 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 co' 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. This 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 APPENDIX A-7 Bid for a Disposal Site for which Contractor does not currently have all necessary federal and state permits, or which after the acceptance of the Bid loses its permitted status, Contractor shall, at its sole risk and expense, be responsible for obtaining and/or renewing its permits or providing 79 [ ) t the Town an alternate Solid Waste 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 Sits 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 extant 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 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. APPENDIX A-8 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 .N r b 4 IP 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; 2. Exhibits hereto; 3. The Solicitation including Appendices; 4. Contractor's Bid. E. Without limiting any other right and/or remedy which the Town may have at law or under this Agreement, if the Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors or s 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 held themselves out nor claim to be an officer or employee of the Town of Southold nor make claim to any right accruing thereto including, but not limited to, Worker's Compensation, Unemployment Benefits, Social Security or retirement membership or credit. G. If any provision of this Agreement shall for any reason he held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement and this Agreement shall be enforced as if such invalid and unenforceable provision had not been contained herein. H. Contractor agrees that it shall not discriminate and that it shall cause there to be no discrimination against any employee who is employee in the work, or against any APPENDIX A-9 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; !iH r ) 4 s 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: If to the Town: Supervisor of the Town of Southold P.O. Box 1179 Southold, New York 11971 With a copy to: Solid Waste Coordinator, Town of Southold P.O. Box 962 Cutchogue, NY 11935 If to the Contractor: IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. TOWN OF SOUTHOLD In Scott A. Russell, Supervisor APPENDIX A-10 APPENDIX B NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PERMIT (Please contact the Southold Town Solid Waste Management District, 6155 Cox Lane, Cutchogue, NY 11935; Tel 631.734.7685) APPENDIX C H • 'Vr " NON -COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. Signed: MA Print name Mark Troiano Corporate Title (if any) Business Development Company Name Winters Bros. Hauling of Long Island, LLC Mailing Address 1198 Prospect Avenue WestbuU, NY 11590 Phone Number (516) 937-0900 BID ON Q0 IS MSk-j ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Two (2) bids Received Town Hall, 53095 Main Road P.O. Box 1119 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www.southoldtownny.gov OFFICE OF THE TOWN CLERK T%&qP 1UIOLD Solid Waste Haul -Dispose Services May 7, 2015 @ 2:00 PM Covanta Sustainable Solutions, LLC 445 South Street Morristown, NJ 07960 862/345-5000 Tom Murphy Winter Bros. Hauling of LI 1198 Prospect Avenue Westbury, NY 11590 516/937-0900 Mark Troiano C1 C2 C3 C4 85.50 86.50 88.00 89.00 (bid did not contain page 41 — Evaluation Unit Bid Price Formula) 85.98 88.56 91.22 93.95 Evaluation Unit Bid Price: 87.00 Rudder, Lynda From: Bunchuck, Jim Sent: Tuesday, July 21, 2015 3:59 PM To: Rudder, Lynda Cc: Duffy, Bill; Krauza, Lynne Subject: Haul -Dispose Bid Results Lyn — Please prepare a resolution for next week's TB meeting rejecting the Waste Haul -Dispose bids opened on May 7 from Covanta Sustainable Solutions and Winters Brothers Hauling of Long Island. Thanks, Jim. James Bunchuck, Solid Waste Coordinator Town of Southold DSW P.O. Box 962 Cutchogue, NY 11935 631-734-7685 631-734-7976 (fox) limb@southoldtownny. gov eleaae coWicdez the need be fuze pzinl&.q thea a -mail — - - - ---- - --rte ------ - - --- --- - � - - L D L�eSca�c,4� - - My e 7 2015 - -- - -- -- - - - - --- - -- --- -- - - -- SoutS. lu Town r -jerk, - - - - - - -- - - --- --- -- - --- - - A4.11 r wk LII i cl)'J/4, ,S ��1 ,t fi J rJS ��4 C��r✓' -- - 4 ke w"ax Qo LAf e U,4 ,2 , sa c.0 sem__ Yil( A - - - - - - - - ---- - - - - ---- M 01 jam' q�h..A^�'*�• 'his%r-,e.FS Ir 'L_ �? I�' P"`� ��r �'`'� •.'k � - ,�--,._ —'z1 � I (s... �-'- � :sem "'- ^'�"-•^�' SOLOD VC7L S 11 E Li-I1A UL-DOSP®SAL SLSWCES Town ®f So uthoW, MY Ilk I r LID WASTE . US DOT 10186N -&'D 4 ®m Qnwn� inta Sm=hgN@ Sdudmo)o LLCM 0 0 M Som sit c Hormmmino HJ OTO o o MSA SECTION C TOWN OF SOUTHOLD SOLID WASTE 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 Solid Waste Haul -Disposal Services Agreement and therefore any discrepancies contained in the documents, of the omission from the documents of express reference to any work which obviously was intended under the Agreement, shall not excuse or relieve the Bidder from furnishing the same. No oral statement shall in any manner or degree modify of otherwise affect the terms of the Agreement. Work or materials described in words which have a well known technical or trade meaning, shall be interpreted by such meaning. 2.0 GENERAL BID. STATEMENT TO: TOWN OF SOUTHOLD STATE OF NEW YORK 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 Gentlemen: The undersigned Bidder has carefully examined the forms and content of the Bid Solicitation, including notice to bidders, bid bond, sample operating agreement, performance bond, certificates of insurance, genera! 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 ofthe 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 by the Town, and the unit price Bid herein stated. 9TOI 2.1 The Undersigned Bidder also agrees as follows: FIRST: If this bid is accepted, to execute the Agreement through a separate written contract and furnish to the Town a satisfactory perfonnance bond, and insurance all within ten (10) calendar days. SECOND: To begin Solid Waste Haul -Disposal services operations on the commencement date of any Agreement awarded hereunder, having completed all necessary prior preparations of operational planning, personnel hiring, equipment procurement, subcontractor contractual agreements, and ancillary facilities, etc.; to assure a smooth and orderly acceptance of these duties. THIRD: To pay the Town any and all damages it may incur as a result of the Contractor's failure to 'perform all acts necessary to the execution of the Agreement as provided in the Bid Solicitation. It is recognized and agreed that the Town has the unconditional right to utilize the funds provided by the bid bond posted by the Bidder as a means of obtaining indemnification or, payment of such damages. FOURTH: During the performance of this Agreement, the Contractor hereby agrees as follows: a. The Contractor shall not discriminate against any employee or applicant for employment because of age, race, creed, color, sex, marital status, national origin, physical disability, and shall take affirmative action to ensure that they are afforded equal employment opportunities without discrimination because of age, race, creed, color, sex, marital status, national origin or physical disability. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination, rates of pay, or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. b. The Contractor shall comply with the provisions of Sections 290 through 301 of the Executive Law, Shall furnish all information and reports deemed necessary by the State Commission for Human Rights under these nondiscrimination clauses and such sections of the Executive Law, and shall pennit 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 pml, 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 37 of the state, until he satisfies to the State Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these nondiscrimination clauses. Such findings shall be made by the State Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these nondiscrimination clauses and after verified complaint has been filed with the Commission, notice thereof has been given to the Contractor, and an opportunity has been afforded to him to be heard publicly before three members of the Commission. Such sanctions may be imposed and remedies invoked independently or in addition to sanctions and remedies otherwise provided by law. d. No laborer, workman or mechanic in the employ of the Contractor or subcontractor shall be permitted or required to work more than eight hours in any one calendar day, or more than five days in any one week except as otherwise provided in Labor Code Section 220. e. The Contractor shall include the provisions of clauses (a) through (e) in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within the State ofNew York. The Contractor will take such action in enforcing such provisions of such subcontract or purchase order as the Town may direct, including sanctions and remedies. FIFTH: By submission of this bid, the Bidder and each person signing on behalf of any Bidder certifies, and in case ofaj oint 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. 2.2 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. OW The undersigned further understands and agrees that it is or they are to furnish and provide in return for the respective Evaluation Unit Bid Price, all the necessary materials, machinery, vehicles, implements, tools, labor services, and other items of whatever nature, and to do and perform all work necessary under the aforesaid conditions, to complete operations ofthe aforementioned Solid' Waste 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. 2.3 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 ofliquidated damages and not as a penalty. Otherwise, the total amount of bid guaranty liquidated will be returned to the Bidder. 2.4 The undersigned acknowledges the receipt of the following addenda, but it agrees that it is bound by all addenda whether or not listed herein and whether or not actually received, it being the Bidder's responsibility to receive and have knowledge of all addenda. ADDENDUM NUMBER AND DATES Number 1 - Dated: April 15, 2015 Number 2 - Dated: -------------------------- Number 3 - Dated: -------------------------- Number 4 - Dated: -------------------------- Number 5 - Dated: ------------------------ 2.5 The Bidder has completed the Contract Bid Form and Unit Price Schedules in both words and numerals in accordance with these bid requirements. 3.0 UNIT PRICE BID SCHEDULE SOLID WASTE HAUL -DISPOSAL SERVICES SOUTHOLD TOWN, NEW YORK 3.1 COMPENSATION The undersigned hereby submits the following price bid to furnish Solid Waste Haul - Disposal Services, to Southold Town, New York for the terms V through ` ca e►n�z� 36 , Zvt9 HAUL -DISPOSAL SERVICES The Haul -Disposal Service applicable unit price per ton for the INITIAL AGREEMENT PERIOD (July 1, 2015 -December 31, 2016) is Eighty Five dollars and 50 cents 85.500 (Cl) The Haul -Disposal Service applicable unit price per ton for the SUBSEQUENT AGREEMENT PERIOD (January 1, 2017 -December 31, 2017) is Eighty Six dollars and 50 cents 86.50° (C2) The Haul -Disposal Service applicable unit price per ton for agreement OPTION year ONE (January 1, 2018 -December 31, 2018) is Eighty Eight dollars and 00 cents $ 88.001. (C3) The Haul -Disposal Service applicable unit price per ton for agreement OPTION year TWO (January 1, 2019 -December 31, 2019) is Eighty Nine dollars and 00 cents $89.00. (C4) 40 F. Statement of Bidder's Qualifications and related experiences (Schedule F, attached hereto). G. Major Subcontractors- (Schedule G, attached hereto). H. Equipment- (Schedule .H, attached hereto). Maximum Specified Capacity- (Schedule I, attached hereto). l J. Information on Bidder's Solid Waste Disposal Site(s) (Schedule J attached hereto). K. Form of Bid Bond (Schedule K, attached hereto). L. Performance Bond (Schedule L, attached hereto). M. Operation Plan (Schedule M, attached hereto). Date: May 6, 2015 Name of, Bidder: Covanta Sustainable Solutions, LLC Address of Bidder: -South Street By: Corporate.Seal' (if u:,CorporAtior ) heti under the laws of the State of I Q ll U�iGy%� Names and addresses of officers of the corporation: (President) Name Address (Secretary) Name Address W (Treasurer) Name Address (If an individual or partnership) Names and addresses of all principals or partners 43 Lei •'' . • Covanta Sustainable Solutions, LLC (f/k/a C4R, LP) Title Officer Name Date Elected Market Area Vice President Scott Holkeboer 12-31-2014 Assistant Secretary Sheila Tralins 12-31-2014 Assistant Secretary Kirkland J. Bily 12-31-2014 Assistant Secretary Nancy Tammi 12-31-2014 Assistant Secretary Thomas J Koltis 12-31-2014 Executive Vice President, Timothy John Simpson 12-31-2014 General Counsel & Secretary Vice President Daniel Caraccio 12-31-2014 Vice President Stephen Diaz 12-31-2014 Executive Vice President Derek Veenhof 12-31-2014 Executive Vice President & Chief Bradford Helgeson 12-31-2014 Financial Officer Vice President & Treasurer James Reilly 12-31-2014 Assistant Secretary A. Bradley Howe 03-05-2015 Market Area Vice President Richard J Sandner 03-05-2015 Market Area Vice President Scott Peterson 03-05-2015 Market Area Vice President Richard Serio 03-05-2015 Senior Vice President - Domestic Paul Stauder 03-05-2015 Business Manager Vice President - Tax Paola Taddeo 03-05-2015 Assistant Secretary Patricia M Collins 03-05-2015 President & Chief Executive Stephen James Jones 03-05-2015 Officer Date Resigned Page 1 of 1 INFORMATION SCHEDULE A Town of Southold Bid Project Solid Waste Haul -Disposal Services This Bidder Covanta Sustainable Solutions, LLC herein certifies that as a. -------------- (Bidder's legal name) Bidder, it does not currently owe delinquent taxes or other outstanding Funds, of having pending or currently involved in any litigation involving the Town of Southold, State ofNew York. Name of Bidder: (10 0. _ �- SD tu*vwGJ, 0—C By: - ----- ----- ----- ---------Date: (Authorized Signat e) NOTE: (1) If blank not applicable, fill in with N/A (2) If bidder owes the Town taxes or is involved in any litigation, a statement of explanation will be attached hereto. Tax/Litigation Certification Schedule 5.0.A BID (PROPOSAL) FORM Page I of I Town of Southold Bid Project Solid Waste 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 (Cont ct) Manager's Name (Contact) blSt C Firms Legal Name ��� Parent Firms Legal Name H q S so 51 Street Address (Box Numbers) t� VVV , X) -S 0�1 City State Zip 5 �30_ -341c - SM Telephone Number gqS sy,,� s$ Street Address (Box Numbers) I i s i1� re -)('0-6 City State Zip N2- 3q'S--S-A Telephone Number The Bidder herein certifies that the _ _ _ _ _ _ C 6� _ _ � ��/lit S L-L� ---------------------- Firm is pa+iaRy/wholly owned 'subsidiary of Parent Firm This is owned . ------------------------------- ------------------------ Parent Finn of ispublic private stock corporation. Bidder Office Locations/Ownership Certification BID (PROPOSAL) FORM Schedule 5.0.13 Page 1 of2 Name of Bidder: C-Ovo- u cid V�wb�� DJ 1u�v/ t -s U—C ----------------------------------------- By: --- ------ Date: --------- Note: (1) Any attachments or modifications to this form shall be labeled Schedule 5.0.13, and properly integrated into the Bid Form, (2) If blank not applicable, fill in with N/A. Bidder Office Location/Ownership Schedule 5.0.13 Certification Page 2 of2 BID (PROPOSAL) FORM Town of Southold Bid Project Solid Waste Haul -Disposal Services This is identification that Argonaut Insurance Company will be the Surety Company for Covanta Sustainable Solutions r 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. Covanta Sustainable Solutions LLC (L.S.) Principal (SEAL) Argonaut Insurance Company Surety Compan By: Harold MPM r Jr. Attorney -in -Fac Surety Verification BID (PROPOSAL) FORM Schedule 5.0.0 47 INFORMATION SCHEDULE D - (Continued) 48 Officer's Name Officer's Name ------------------- ------------------ Subsidiary Parent Corporate Title ------------------- Corporate Title ----------------- Address Address ----------------------- ------------------------ City----------------------- City ------------------------- State, Zip State, Zi Name of Bidder:LC Corporate J :r By: ----------- Seal - 1 Date: ------- b -------------- NOTE: If blank not applicable, fill in with N/A i W Current Corporate Officer BID (PROPOSAL) FORM INFORMATION SCHEDULE E Schedule 5.0.1) Page 2 of2 50 Town of Southold Bid Project Solid Waste Haul -Disposal Services STATEMENT OF BIDDER'S FINANCIAL CONDITION I . 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-- v' ------------ 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: t o< �Name — — — — — — — — — — — — — --——————————————— -� ;.Address ----------------------------- ... N X3;9 z je', ate YdAG.. — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — L g ��; . ` 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 BID (PROPOSAL) FORM INFORMATION SCHEDULE E- (continued) Schedule 5.0.E Page 1 of2 51 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 _Mv,-res W� � C' �etS��� This �7 �h day of IV I CAI _, 20 `J �Name �-a ems Q������" ®l Title State ofPsl , County of M dry -AD Ile - -being duly sworn deposes and saws that he is -------- --- 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 ( t -k day of �%lG My Commission expires: WL`J 271 2y 1 9 20 /'5 -- ® ASS lydj a NOTE: (1) (Bidder may submit additional information desired as Schedule E • faoa� ,s attachments.) (2) If blank not applicable, fill in with N/A Bidder's Financial Condition BID (PROPOSAL) FORM INFORMATION SCHEDULE F Schedule 5.0.E Page 2 of2 51 Town of Southold Bid Project Solid Waste 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: Covanta Sustainable Solutions, LLC 2. Business Address: 445 South St Street Morristown, NJ O2960 City State Zip w 3 State i�d: — — —��' �� — — Year incorp.: — — ��� — — — 4, - New York State; Business License N o _ _ — — — — — — — — — — — — — — — — — — 5. No. Years in contracting business under above name: years. 6 : `Has firm ever defaulted on a contract? Yes — — — — — — 0 — :7. Gross Value- work under current contract: - ----------------- 8. -Number of Current Contracts: ' 9. Brief description general work p rformed by firm: — — — — — — — — — — — — — — e 10. Has Firm ever failed to complete work awarded? Yes UO — — _ If yes, attach supporting statement as to circumstances. Qualifications Summary Schedule 5.0.F BID (PROPOSAL) FORM Page I of3 Owners Name: G� VTC G he- --------------------------------------------------- Address: -------------------------------------------------------- Engineer: Address: -------------------------------------------------------- Project Initial Start Date:------------------------------------------ • Project Acceptance Date: ------------------------------------------- Initial Bid Value: $ ---------=--------------------------------------- Final Complete Project Value: $ -------------------------------------- Brief Project Description: ------------------------------------------- 12. Principal Finn Members' Background/Experience (3 members minimum). Attach current resumes as Schedule 5.0.17 supplement or give concise description by individual. Name ofBidder:®� =- --- ------------------ By: -- --- - - ----Date: (Au orized Si n ure) NOTE: Any supplemental attachments or modifications to this form shall be labeled Schedule 5.0.F, and shall be properly integrated into this Bid Form. If blank not applicable, fill in with N/A. Qualifications Summary BID (PROPOSAL) FORM INFORMATION SCIIDULE G Schedule 5.0.F Page 3 of3 54 11. Related Experience Reference (within previous 5 years) 11.1 1IL2 Owner's -3L m---rx�:--------- —---------- THI T -X �P=;1M--x C-- r: — — — — — — — — — — — — — ------------- Ad��-�ss _ ------------------ ---------- Project Initial StartDz-z�L-tc=-- _ ------------------------ Project Acceptance -------------------- ---- Initial Bid V-:i-]iLm c---: -<f;------------------------ Final Complete Project -A..IL-cLxc—=- : -'f; — — — — — BriefProject J:�> c--scrip-tg®rx:----------------------- 11.2 Project --E7- --ii- 1--M� : — — — -- — Owner's ---------------------------- E e_ oN€ _ --i= C-- C-- -E-: - - - - - - - - - - - - - - - - - - - --------- clrc--S--!!, : ------------------------------ Project Initial Start : — — — — — — — — — — — — — — — — — — -- — — — — Project Acceptance ]L:> : ------------------------ Initial Bid Value: $ — — — Final Complete Project Value: $ — — — Brief Project ----------------------- Qualifications Summary BID (PROPOSAL) FORM 11.3 Pro°cct Title: Schedule 5.0.17 Page 2 of3 53 Schedule 5.01F Nature of Business Covanta is an internationally recognized owner and operator of EfW and renewable energy projects and has provided reliable and sustainable municipal solid waste (MSW) management to communities since 1986. We operate more than 40 state-of-the-art facilities that convert everyday trash into clean, renewable energy for communities around the world. Covanta's North American facilities supply electricity for approximately 1 million homes. We consider EfW-generated energy to be renewable because the MSW we use in our process is consistently replenishable, and all of the energy recovered by the EfW process preserves natural resources and avoids secondary impacts from mining and the combustion of those resources. Covanta's U.S. operations process approximately 65% of the nation's EfW volume and generate, in combination with our other renewable energy facilities, approximately 8% of America's non -hydro renewable electricity. As part of the process, we recover over 400,000 tons of metal annually for recycling that would have otherwise been lost in landfills. Covanta supports recycling and supports programs that enable communities to recycle as much as possible. Studies have shown that communities that have an EfW facility typically enjoy higher recycling rates than the national average. Transfer Station Operations Covanta operates nearly 20 transfer stations across Massachusetts, New York, New Jersey, Pennsylvania, and Maryland. The transfer stations have an aggregate design capacity of more than 24,000 tons per day; Covanta anticipates handling over 1.6 million tons in 2015 through its transfer station system. Schedule S.®F Municipality #1 a. Name of Municipality. City of Alexandria / Arlington County, Virginia b. Approximate population served in said Municipality Approximately 150,000. c. Term of Contract 01/01/2013 - 12/31/2038 d. How were materials disposed of? Municipal solid waste is processed at the Covanta Alexandria energy-from=waste facility. e. Name, Title, Address, and phone number of Municipal official in charge of contract administration. Yon Lambert, Transportation and Environmental Manager 2900-B Business Center ®rive, Alexandria, VA 22314 703-746-4081 Municipality #2 a. Name of Municipality. City of Philadelphia b. Approximate population served in said Municipality Approximately 1,550,000 Schedule S.OF c. Term of Contract Four years, with three 1 -year renewals. Contract operating period started 07/01/2012. d. How were materials disposed of? Municipal solid waste is processed at the Covanta Plymouth and Covanta Delaware Valley energy -from - waste facilities. e. Name, Title, Address, and phone number of Municipal official in charge of contract administration. Frank Leo, Programs Administrator MSB - 1401 JFK Boulevard, Philadelphia, PA 19102 215-686-5520 Municipality #3 a. Name of Municipality. Town of Ocean City, Maryland b. Approximate population served in said Municipality Approximately 7,000. c. Term of Contract Seven years, beginning on 06/01/2012. d. How were materials disposed of? Schedule 5.®F Municipal solid waste is processed at the Covanta Fairfax and Covanta Delaware Valley energy -from - waste facilities. e. Name, Title, Address, and phone number of Municipal official in charge of contract administration. Hal Atkins, DPW Director 204 65th Street, Ocean City, MA 21842 410-524-0318 Schedule 5.OF Background/Experience of Principal Members DEREK VEENHOF Derek W. Veenhof was appointed executive vice president of Covanta's Sustainable Solutions division in November 2013. In this capacity, Mr. Veenhof oversees management and growth of Covanta's public sector service agreements, residential and commercial merchant waste procurement, and the non- hazardous manufacturing and industrial waste disposal and strategic services businesses. Previously, Mr. Veenhof served as senior vice president of subsidiary Covanta 4Recovery L.P., with primary responsibility for managing Covanta's substantial municipal and commercial merchant waste portfolio and related growth efforts. The subsidiary contracted merchant waste flows into and/or between Covanta Energy -from -Waste projects, providing secure waste destruction and zero landfill disposal services as warranted. Prior to becoming senior vice president in 2011, Mr. Veenhof was a vice president and ran Covanta's sales contracting efforts in metals recycling and waste since 2007. From 2002 to 2007 Mr. Veenhof was the New York Metro Area Manager responsible for waste contract negotiations, business operations and business marketing and development for the Metro NY, NJ and Philadelphia market areas. From 1996 to 2002, Mr. Veenhof held a variety of different roles within Covanta, including business manager for Covanta Niagara, where he was involved in asset management strategies including energy sales related to the Niagara facility. Prior to Covanta, Mr. Veenhof worked as a project scientist with a subsidiary of W.R. Grace, as an independent environmental consultant, and also as a research associate with the University of Guelph in Ontario, Canada in the Department of Land Resource Science. He is a published author/co-author of several research papers focused on land use and land use impacts (including waste management) on soils -and soil structure. Mr. Veenhof holds undergraduate and graduate degrees from the University of Guelph in Ontario, Canada. PAULSTAUDER Paul Stauder serves as Senior Vice President — Sustainable Solutions. He joined Covanta in 1997 and has dedicated over 17 of his 25 years of experience in the energy industry to the Energy -from -Waste sector. In his current position, Mr. Stauder is responsible for managing all of the company's agreements for Operations and Management Services of the municipally owned Energy -from -Waste plants, as well as managing the company's Environmental Solutions group. Previously, Mr. Stauder held positions within Covanta as SVP — Business Management where he managed all business aspects of Covanta's domestic Energy -from -Waste, biomass and hydroelectric renewable facilities ranging in gross energy production from 6MW to over 93MW, Regional Vice President of Operations for Covanta's Independent Power Provider (IPP) plants, Business'Manager for the Fairfax County, VA Energy -from -Waste facility as well as within the corporate finance group. Prior to joining Covanta, he worked as a Project Manager for a large German power plant construction company. Schedule 5.OF Mr. Stauder has a B.S. in Civil Engineering from the University of Rhode Island and an MBA from Pepperdine University. Dan Dorlon is Vice President, Client Services for Covanta Sustainable Solutions, LLC, and has top line responsibility for managing all aspects of a 20 -year service contract with the City of New York. The contract involves the transportation of municipal solid waste generated in Manhattan and Queens that is loaded into sealed intermodal containers at two marine transfer stations and transported by barges and railcars to Covanta EfW facilities to create clean, renewable energy. Prior to taking on the role of Vice President, Dan was Director of Development for Covanta 4Recovery, L.P. with lead responsibility for submitting proposals to the New York City Department of Sanitation. For more than 5 years, he coordinated responses to DSNY's clarification requests for the transportation & disposal of containerized waste from the marine transfer stations and was involved with the negotiation of 20 year Service Contract with the City of New York. This involved optimizing marine, rail and highway transportation logistics; financial modeling and project evaluation; intermodal facility design and permitting; subcontractor and equipment vendor negotiations as well identifying and securing the rights to primary and reserve waste disposal capacity required for the system. Dan was also involved in numerous project valuation and acquisition efforts pursued by Covanta and took the lead on responding to numerous municipal procurements. He has over twenty-five years of waste and recycling industry operations, business development, project management and financial analysis experience. He holds a bachelor's degree in economics from Union College. Town of Southold Bid Project Solid Waste Haul -Disposal Services The Bidder hereby states that it proposes, if awarded an Agreement to use the following haul sub -contractors on this project. Sub -Contractor/ Contract Individual Address Phone # Trade / Specialties Power Crush Inc 140 Old Northport Rd Kings Park, NY 11754 631-368-4000 Hauling MSW & Ash Name of Bidder: Covanta Susta.nable Solutions, LLC B :/ _ _ _ _ _Date /�_ thorized SignaZe7e NOTE: If blank not applicable, fill in with N/A Subcontractors BID (PROPOSAL) FORM IFORMATION SCHEDULE I -I Schedule 5.0.0 55 Town of Southold Bid Project Solid Waste 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 Equipment Item Project Use SEE ATTACHED SCHEDULE IN ADDITION TO BELOW 17 —.2016 125 yd MAC V -floor trailers Haul MSW Current Equipment Location in Production, due May 2015 Name of Bidder: Covanta Su ainable Solutions, LLC By: Date: NOTE: Any supplemental attachments or modifications to this form shall be labeled Schedule 5.0.H and shall be properly integrated into the Bid Form. If blank not applicable, fill in with N/A Construction Equipment BID (PROPOSAL) FORM INFORMATION SCHEDULE I Schedule 5.0.H -5--HeJ � to A B C D E 1 YEAR MAKE MODEL VIN # TRAILER # 2 2005 BENSON 40 YD DUMP 0895 3 2005 BENSON ' 40 YD DUMP -----Oil 0897 T^_010 4 2007 KRUZ 40 YD DUMP { _ 6400 -'� 009 5 6 7 _ 2007_ 2008 1999 KRUZ 40 YD DUMP 6401 008 KRUZ ALFAB 40 YD DUMP 6657 _ 002 80 YD DUMP 9495 012 8 2001 j ALFAB 80YDDUMP 9562 9562 9 2001 ALFAB 80 YD DUMP 9573 9573 10 2001 ALFAB 80 YD DUMP 9575 9575 11 1990 TRAIL MOB FLATBED 5775 RED 12 2008 UTILITY FLATBED 4304 48-04 13 2008 UTILITY FLATBED 4308 48-08 T 141 2002 EAST WALKING FLOOR 1303 18 15 1998 EAST WALKING FLOOR 4193 5 16 _ _ EAST WALKING FLOOR 1302 I 19 17 _2002 - 1_998 EAST WALKING FLOOR 15 _ 18 _ 2002 _ EAST WALKING FLOOR _44_59 1304- 2011 MAC 55 YD V -FLOOR 0938 _20 0938 H20 2015 MAC 55 YD V -FLOOR 5350 5350 21 2015 MAC 55 YD V -FLOOR 5351 5351 22 2016 LMAC 125 YD V -FLOOR 5328 5328 23 2016_ MAC 125 YD V -FLOOR 5330 5330 24 2016 MAC 125 YD V -FLOOR -5329 5329 TRUCK #I PLATE# YEAR MODEL TRUCK MAKE GVW VIN # 3050 39978PC 2004 379 PETERBILT 79,000 834519 3060 85603JU 2006 379 PETERBILT 79,000 887332 3070 40362PC 2006 379 PETERBILT 79,000 630253 4204 65428MC 1996 VOLVO 75,280 TR515497 5050 14128PC 2005 379 PETERBILT 120,000 860545 5150 19234TC 2015 389 PETERBILT 102,000 255838 5151 39975PC 2007 T800 KENWO RTH 102,000 J211485 5182 20595TC 2015 389 PETERBILT 102,000 277878 5212 20596TC 2015 389 1 PETERBILT 102,000 271460 5252 91710PA 2007 379 PETERBILT 120,000 657082 5555 13731PC 2006 379 PETERBILT 120,000 630277 5656 40359PC 2015 389 PETERBILT 102,000 280122 5757 39977PC 2006 379 PETERBILT 120,000 887299 5800 19235TC 2015 389 PETERBILT 102,000 278659 5858 4036OPC 2015 389 PETERBILT 102,000 280123 5959 40361PC 2015 389 PETERBILT 102,000 280125 5990 19236TC 2015 389 PETERBILT 102,000 277883 5995 20594TC 2015 389 PETERBILT 120,000 280124 8505 139976PCI 2007 1 379 1 PETERBILT 120,000 640225 8541 121403TCI 2015 1 389 1 PETERBILT 120,000 278612 14997 121404TCI 2015 1 389 1 PETERBILT 1 120,000 277519 Town of Southold Bid Project Solid Waste Haul -Disposal Services The Bidder hereby states that it will be prepared to dispose of up to the following Maximum Specified Yearly Capacities in tons of Town of Southold solid waste if awarded an agreement Contract Year Jul 12015 — Dec 31, 2016 Jan 12017 — Dec 31, 2017 Jan 12018 — Dec 31, 2018 Jan 1, 2019 — Dec 31, 2019 Maximum Tons per Contract Year Name of Bidder: Covanta Sustainable Solutions, LLC By: -- ------- ------- ---------- Maximum Specified Capacity BID (PROPOSAL) FORM 28,000 20,000 20,000 20,000 Date: : V - Schedule 5.0.1 57 INFORMATION SCHEDULE J (1 of 3) Town of Southold Bid Project Solid Waste Haul -Disposal Services NOTE: IF A BIDDER INTENDS TO UTILIZE MORE THAN ONE SOLID WASTE DISPOSAL SITE, AN INFORMATION SCHEDULE J MUST BE COMPLETED FOR EACH DISPOSAL SITE. The following is information on the undersigned Bidder's Solid Waste Disposal Site: I. GENERAL A. Disposal Site Location Name: Covanta Hempstead Address: 600 Merchants Concourse, Westbury, NY..................... Phone: 516-.683-5400 ---------------------------------------- B. Disposal Site mailing address (if different than I) Address: ------------------------------------------------- II. CURRENT OPERATIONS A. Operations Permit 1. Permittee: Covanta Hempstead Company 2. No.: 1-2820-01727/00031 3. State: NY 4. Date of Issue: 07/03/05 5. Date of Expiration: 06/30/15; renewalsubmitted Dec 14 _ 6. Copy Enclosed: Yes: __________ Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM Schedule 5.0.1 Page 1 of 7 INFORMATION SCHEDULE J — (continued) B. Hours of Operations 1. What are the PERMITTED operating hours? N/A DAY A.M. P.M. Monday to Tuesday to Wednesday to Thursday to Friday to Saturday to Sunday xx to Xx 2. Are there any PERMITTED closure periods stipulated? NO 3. What are the ACTUAL operating hours? DAY A.M. P.M. Monday 5:00 to 12:00 Tuesday 12:01 to 12:00 Wednesday 12:01 to 12:00 Thursday 12:01 to 12:00 Friday 12:01 to 12:00 Saturday 12:01 to 2:00 Sunday xx to Xx 4. What holiday or other period is the Disposal Site typically closed? DAY YES NO New Year's XX to Memorial Xx to Independence Xx to Labor Xx to Thanksgiving Xx to Christmas Xx to Other (specify) Veterans Day to Bidder Solid Waste Disposal Site(s) Schedule 5.0.1 BID (PROPOSAL) FORM Page 2 of7 INFORMATION SCHEDULE 1- (continued) 59 4. Will the ACTUAL operating hours be extended up to the PERMITTED operating hours in Question II.B.1 in order to accommodate Town of Southold solid waste? Yes No XXX 6. Are there any local agreements, ordinances, etc. which would prohibit extending the ACTUAL operating hours in Question II.B.3 up to the PERMITTED operating hours in Question II.B.I? Yes No XXX B. What is the PERMITTED annual capacity in tons? 2015 - 19 N/A Steam based 20 20 20 20 D. At the PERMITTED levels in Question II.C., what is the projected useful life in years? NA E. What is the annual RECEIVING level today? Approx. 1,000,000 F. At the RECEIVING levels in Question II.E, what is the projected useful life in Years? NA Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM INFORMATION SCHEDULE 1 -(continued) Schedule 5.0.1 Page 3 of7 M G. How much of the RECEIVING level in Question II.E is committed to under contract in tons? 2015-19 20 20 20 20 Approx. 650,000 H. Does the Disposal Site have special waste restrictions? Only Accept MSW Gate Yes No Fee($) 1. Construction/Demolition XX 2. Asbestos XX 3. Wastewater Treatment XX Sludge 4. Hazardous Waste XX Are there any existing agreements with local municipalities which prohibit: Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM JNFORMATION SCHEDULE J - (Continued) Schedule 5.0.1 Page 4 of7 Item Yes No 1. Routing to site XX 2. Weight limits between state coeds and site 3. Number of vehicles XX 4. Vehicle size XX 5. Solid waste importation outside jurisdictional area 6. Host Community Benefits XX Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM JNFORMATION SCHEDULE J - (Continued) Schedule 5.0.1 Page 4 of7 III. EXPANSION PLANS A. Application Permit I_ 2. 3. 4. 5. 6. Pennitee: NA No.. State: Date of Submission: Copy Enclosed: Yes Submission Status: a. Expansion of current site or new site No b. Local Citizenry Reaction C. Regulatory agency ----------- d. Litigation -------------- e. Likelihood to succeed Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM INFORMATION SCHEDULE J -(Continued) Schedule 5.0.1 Page 5 of7 C B. If you are successful in Question liLA., what is the additional annual DESIGN capacity in tons (do not include figures from Question II.C.)? 20 20 20 20 20 C. At the annual DESIGN levels in Question III.B., what would be the projected useful life in years? D. Would you be willing to share with the Town of Southold engineering reports utilized for the preparation of the Operating Permits on Expansion Application? Yes No E. Bidder's Disposal Site(s) Engineer of Record Firm's Name ------------------------------------- Firm's Address. Project Engineer, Bidder Solid Waste Disposal Site(s) Schedule 5.0.1 BID (PROPOSAL) FORM Page 6 of7 INFORMATION SCHEDULE J- (Continued) M Are you willing to meet with the Town of Southold to discuss your short and long term disposal capabilities? Yes XX No The undersigned hereby certifies that services, material, equipment to be furnished as a result of this bid will be in accordance with Town of Southold specifications applying thereto unless exceptions are indicated above and an explanation attached. Bidding Company. Covanta Sustainable Solutions, LLC Address 445 South St Morristown, NJ 1 6 ��� By Signarure City (Please Print or Type) NAME AND T State Zip Phone No. __���_ 3 y�— _ ---------------------- Dme CORPORATE SEAL Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM INFORMATION SCHEDULE J Schedule 5.0.1 Page 7 of7 .90 (2 of 3) Town of Southold Bid Project Solid Waste Haul -Disposal Services NOTE: IF A BIDDER INTENDS TO UTILIZE MORE THAN ONE SOLID WASTE DISPOSAL SITE, AN INFORMATION SCHEDULE J MUST BE COMPLETED FOR EACH DISPOSAL SITE. The following is information on the undersigned Bidder's Solid Waste Disposal Site: I. GENERAL A. Disposal Site Location Name: Covanta Huntington LP Address: 99 Townline Road E Northport, NY -------------------- Phone: 631-754-1000 ---------------------------------------- B. Disposal Site mailing address (if different than I) Address: II. CURRENT OPERATIONS Operations Permit 1. Permittee: 2. No.: 3. State: 4. Date of Issue: 5. Date of Expiration: 6. Copy Enclosed: Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM Covanta Huntington LP 1-4726-00790/00007 NY 07/20/12 07/19/17 Yes: Schedule 5.0.1 Page 1 of7 65 B. Hours of Operations 1. What are the PERMITTED operating hours? N/A 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? NO 3. What are the ACTUAL operating hours? DAY A.M. P.M. Monday lam to 4pm Tuesday lam to 4pm Wednesday lam to 4pm Thursday lam to 4pm Friday lam to 4pm Saturday lam to Ipm Sunday to 4. What holiday -or other period is the Disposal Site typically closed? DAY YES NO New Year's xx to Memorial Xx to Independence Xx to Labor Xx to Thanksgiving Xx to Christmas Xx to Other (specify) to Bidder Solid Waste Disposal Site(s) Schedule 5.0.1 BID (PROPOSAL) FORM Page 2 of7 INFORMATION SCHEDULE 1- (continued) 59 4. Will the ACTUAL operating hours be extended up to the PERMITTED operating hours in Question II.B.1 in order to accommodate Town of Southold solid waste? YesNo XXX 6. Are there any local agreements, ordinances, etc. which would prohibit extending the ACTUAL operating hours in Question II.B.3 up to the PERMITTED operating hours in Question II.B.I? Yes No XXX B. What is the PERMITTED annual capacity in tons? 2015 - 19 350,400 20 20 20 20 D. At the PERMITTED levels in Question II.C., what is the projected useful life in years? NA E. What is the annual RECEIVING6 level today? Approx. 350,400 F. At the RECEIVING levels in Question ME, what is the projected useful life in Years? NA Bidder Solid Waste Disposal Site(s) Schedule 5.0.1 BID (PROPOSAL) FORM Page 3 of7 INFORMATION SCHEDULE 1 -(continued) .e" G. How much of the RECEIVING level in Question II.E is committed to under contract in tons? 2015-19 20 20 20 20 Approx. 225,000 H. Does the Disposal Site have special waste restrictions? Only Accept MSW Gate Yes No Fee($) 1. Construction/Demolition ' XX 2. Asbestos XX 3. Wastewater Treatment XX Sludge 4. Hazardous Waste XX Are there any existing agreements with local municipalities which prohibit: Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM JNFORMATION SCHEDULE J - (Continued) Schedule 5.0.1 Page 4 of7 Item Yes No 1. Routing to site XX 2. Weight limits between state coeds and site 3. Number of vehicles XX 4. Vehicle size XX 5. Solid waste importation outside jurisdictional area 6. Host Community Benefits XX Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM JNFORMATION SCHEDULE J - (Continued) Schedule 5.0.1 Page 4 of7 31 Al EXPANSION PLANS A. Application Permit I. Permitee: NA 2. No.. 3. State: 4. Date of Submission: . 5. Copy Enclosed: Yes 6. Submission Status: a. Expansion of current site or new site b. Local Citizenry Reaction No C. Regulatory agerncy----=------ d. Lit3gati®n-------------- e. Likelihood to succeed Bidder Solid Waste Disposal Site(s) Schedule 5.0.1 BID (PROPOSAL) FORM Page 5 of7 INFORMA'T'ION SCHEDULE J -(Continued) (3 of 3) Town of Southold Bid Project Solid Waste Haul -Disposal Services NOTE: IF A BIDDER INTENDS TO UTILIZE MORE THAN ONE SOLID WASTE DISPOSAL SITE, AN INFORMATION SCHEDULE J MUST BE 4 COMPLETED FOR EACH DISPOSAL SITE. The following is information on the undersigned Bidder's Solid Waste Disposal Site: I. GENERAL A. Disposal Site Location Name: Covanta MacArthur Renewable Energy ---------------- --------------- Address: 4001 Veterans Memorial Highway, Ronkonkoma,. NY Phone: 631-471-7800 -------------------------------------- B. Disposal Site mailing address (if different than I) Address: ------------------------------------------------- II. CURRENT OPERATIONS A. Operations Permit 1. Permittee: 2. No.. 3. State: 4. Date of Issue: 5. Date of Expiration 6. Copy Enclosed: Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM Islip Resource Recovery Agency 1-4728-00185/00013 NY 04/05/10 i 04/04/15; submitted, awaiting DEC issuance Yes: ----____-- No:__—XXX Schedule 5.0.1 Page 1 of7 65 INFORMA'T'ION SCHEDULE J - (continued) B. Hours of Operations P.M. 1. What are the PERMITTED operating hours? N/A 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? NO 3. What are the ACTUAL operating hours? DAY A.M. P.M. Monday 7 am To 4 pm Tuesday 7 am To 4 pm Wednesday 7 am To 4 pm Thursday 7 am To 4 pm Friday 7 am To 4 pm Saturday xx To xx Sunday To 4. What holiday or other period is the Disposal Site typically closed? DAY YES NO New Year's xx to Memorial Xx to Independence Xx to Labor Xx to Thanksgiving Xx to Christmas Xx to Other (specify) Veterans Day to Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM Schedule 5.0.1 Page 2 of7 4. Will the ACTUAL operating hours be extended up to the PERMITTED operating hours in Question H.B.1 in order to accommodate Town of Southold solid waste? Yes No XXX 6. Are there any local agreements, ordinances, etc. which would prohibit extending the ACTUAL operating hours in Question II.B.3 up to the PERMITTED operating hours in Question II.B.I? Yes No XXX B. What is the PERMITTED annual capacity in tons? 2015 - 19 177,025 20 20 20 20 D. At the PERMITTED levels in Question II.C., what is the projected useful life in years? NA E. ° What is the annual RECEIVING6 level today? Approx. 177,000 F. At the RECEIVING 'levels in Question ME, what is the projected useful life in Years? NA Bidder Solid Waste Disposal Site(s) Schedule 5.0.1 BID (PROPOSAL) FORM Page 3 of7 INFORMATION SCHEDULE 1 -(continued) W G. How much of the RECEIVING level in Question II.E is committed to under contract in tons? 2015-19 Approx. 165,000 20 20 20 20 H. Does the Disposal Site have special waste restrictions? Only Accept MSW Gate Yes No Fee($) 1. Construction/Demolition XX 2. Asbestos XX 3. Wastewater Treatment XX Sludge 4. Hazardous Waste XX Are there any existing agreements with local municipalities which prohibit: Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM JNFORMATION SCHEDULE J - (Continued) Schedule 5.0.1 Page 4 of7 Item Yes No 1. Routing to site XX 2. Weight limits between state coeds and site 3. Number of vehicles XX 4. Vehicle size XX 5. Solid waste importation outside jurisdictional area 6. Host Community Benefits XX Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM JNFORMATION SCHEDULE J - (Continued) Schedule 5.0.1 Page 4 of7 III. EXPANSION PLANS A. Application Permit I. Pennitee: NA 2. No.. 3. State: 4. Date of Submission: 5. Copy Enclosed: Yes No, 6. Submission Status: a. Expansion of current site or new site b. Local Citizenry Reaction C. Regulatory agency ----------- d. Litigati®n-------------- e. Likelihood to succeed Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM INFORMA'T'ION SCHEDULE J -(Continued), Schedule 5.0.1 Page 5 of7 62 Are you willing to meet with the Town of Southold to discuss your short and long term disposal capabilities? Yes XX No The undersigned hereby certifies that services, material, equipment to be furnished as a result of this bid will be in accordance with Town of Southold specifications applying thereto unless exceptions are indicated above and an explanation attached. Bidding Company. Covanta Sustainable Solutions, LLC Address 445 South St Morristown, NJ ®� City State Zip By Signarure Phone No. 3 c/ �--- 5-0 -/ / , ---------------------------------------- Dme CORPORATE SEAL Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM INFORMATION SCHEDULE J Schedule 5.0.1 Page 7 of7 B. If you are successful in Question liLA.; what is the additional annual DESIGN capacity in tons (do not include figures from Question II.C.)? 20 20 20 20 20 C. At the annual DESIGN levels in Question III.B., what would be the projected useful life in years? D. Would you be willing to share with the Town of Southold engineering reports utilized for the preparation of the Operating Permits on Expansion Application? Yes No E. Bidder's Disposal Site(s) Engineer of Record Firm's Name----------------------------�'-----_ -- Firm's Address. Project Engineer Bidder Solid Waste Disposal Site(s) Schedule 5.0.1 BID (PROPOSAL) FORM Page 6 of7 INFORMATION SCHEDULE J- (Continued) 63 Are you willing to meet with the Town of Southold to discuss your short and long term disposal capabilities? Yes XX No The undersigned hereby certifies that services, material, equipment to be furnished as a result of this bid will be in accordance witliTown of Southold specifications applying thereto unless exceptions are indicated above and an explanation attached. Bidding Company. Covanta Sustainable Solutions, LLC Address 445 South St Morristown, NJ ° d> City By / E ® a (Please Print or Type) NAME AND TITLE Signarure State Zip Phone No. 3 Y�——®——————————————— — — — — —— Dme C0RPSRAfE;�.SEAL Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM INFORMATION SCHEDULE K Schedule 5.0.1 Page 7 of7 l B. If you are successful in Question liLA., what is the additional annual DESIGN capacity in tons (do not include figures from Question II.C.)? 20 20 20 20 20 C. At the annual DESIGN levels in Question III.B., what would be the projected useful life in years? D. Would you be willing to share with the Town of Southold engineering reports utilized for the preparation of the Operating Permits on Expansion Application? Yes No E. Bidder's Disposal Site(s) Engineer of Record Firm's Name ------------------------------------- Firm's Project Engineer -t Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM INFORMATION SCHEDULE J- (Continued) Schedule 5.0.1 Page 6 of7 63 FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, Covanta Sustainable Solutions, LLC as Principal, and Argonaut Insurance Company as Surety, are hereby held and firmly bound unto Town of Southold as Owner In the SUM OfOne Hundred Thousand and 00/100 Dollars ($100,000.00for 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 4th day of May '2015 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 solid waste; 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 off 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. 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. Form of Bid Bond BID (PROPOSAL) FORM Schedule 5.0.K Page 1 of 3 IN WITNESS Wl IEREOF, the Principal and the Surety have hereunto set their hands and seats, 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. 65 Cova,nta Sustainable Soluti ns, LLC = Principal Argonaut InsuranC."OMDa a By: Harold Miller Jr. Attorney -in -Fact Address of Surety: P.O. BOX 469011, SAN ANTONIO TX 78246 SEAL (ACKNOWLEDGEMENT BY CONTRACTOR, IF A CORPORATION) STATE OF: ObiJ COUNTY: Akkyyb S ) SSN: On this Gt - day of , 20 1 before me personally came V , to me known, who being duly sworn, did depose and shat he resides in ; that he is the of the corporation described in and which executed the foregoinj instrument; that he knows the seal of 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 w®g,lry. pubil le, Saaae 09 New � * Pwnk coul0ay' Hoamiry No. 2097574 H� commbsion zuplm Feb. 25,26n7 Form of Bid Bond BID (PROPOSAL) FORM (ACKNOWLEDGMENT BY CONTRACTOR, IF A PARTNERSHIP) Schedule 5.0.K Page 2 of 3 66 STATE OF: COUNTY: ) SSN: On this day of , 20 before me personally came to me known, and known to me to be a member of the firm of , and known to me to be an individual described in, and who executed the foregoing instrument in the firm name of and he duly acknowledged to me that he executed the same for and in the behalf of said firm for the uses and purposes mentioned therein. Notary Public (ACKNOWLEDGEMENT BY INDIVIDUAL CONTRACTOR) STATE OF: COUNTY: ) SSN: On this day of , 20 before me personally came , to me know, and known to be the person described in and who executed the foregoing instrument and duly acknowledged that he executed the same. Form of Bid Bond BID (PROPOSAL) FORM INFORMATION SCBEDULE L Notary Public Schedule 5.0.K Page 3 of 3 67 State of Illinois U < County of DuPage z I, Jessica L Ancona, Notary Public of DuPage, County, in the State of Illinois, do hereby certify that Harold Miller Jr. Attorney -in -Fact, of the Argonaut Insurance Company z W zwho is personally known to me to be the same person whose name is subscribed to the W foregoing instrument, appeared before me this day in person, and acknowledged that he Zsigned, sealed and delivered said instrument, for and on behalf of the Argonaut Insurance Y a Company for the uses and purposes therein set forth. W W U) Given under my hand and notarial seal at my office in the City of Itasca in said County, this 4th day of May, 2015. Jessica I Ancona My Commission expires 04/16/2016 JESSICA L ANCONA OFFICIAL SEAL Notary Public, State of Illinois My Commission Expires April 16, 2016 Argonaut Insurance Company AS -0077020 Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That the Argonaut Insurance Company, a Corporation duly organized and existing under ;he laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: William T. Krumm, Sharon A. Foulk, Harold Miller Jr., M. Moody, Betty L. Tolentino, Jodie Sellers, Patrick M: Gallagher Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is named above, to maks; execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $40,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile_ signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and'contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 18th day of July, 2013 ,' Argonaut Insurance Company 0 j W SEAL a _f rLO,° 1946 � �: by- s�'ejeeeeu uee° STATE OF TEXAS COUNTY OF HARRIS SS. t ` Joshua C. Betz Senior Vice President On this 18th day of July, 2013 A.D,; before meta Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed,to`tlie.precedirig instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said. Company, -referred to in the preceding instrument is now in force. r, t IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. Aiw a KATHLEEN M MEEKS NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 07-15-2017 11k6hLUl n ,-rn . Wy�jak (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the day of Sarah Heineman I VP -Underwriting Surety THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEY AND THE SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER ARE IN BLUE, AND THE DOCUMENT IS ISSUED ON WATERMARKED PAPER. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 - 8400. Financial Statement Argonaut Insurance Company Statutory Basis as of 12/31/14 Assets LIABILITIES AND SURPLUS CASH & INVESTED ASSETS 96,410,827 UNEARNED PREMIUMS 130,777,336 BONDS 653,150,748 LOSSES 416,952,814 STOCKS 392,937,912 LOSS ADJUSTMENT EXPENSES 100,939,059 INVESTMENT INCOME DUE AND ACCRUED 4,778,706 COMMISSIONS (51895,059) PREMIUM BALANCES 63,894,781 TAXES, LICENSES AND FEES 25,076,577 NET DEFERRED TAX ASSET 37,788,398 OTHER EXPENSES 3,521,982 REINSURANCE RECOVERABLE 22,246,540 FUNDS HELD UNDER REINSURANCE TREATIES 143,905,716 OTHER ASSETS 9,195,588 CURRENT FEDERAL AND FOREIGN INCOME TAXES 416,651 TOTAL ASSETS $ 1,280,403,500 REMITTANCES AND ITEMS NOT ALLOCATED 1,411,787 AMOUNTS WITH BY COMPANY FOR OTHERS 25,717,658 PAYABLE TO PARENT, SUBSIDIARIES, & AFFILIATES 4,720,490 PAYABLE FOR SECURITIES 5,4p0 9Q8 POLICYHOLDER DIVIDENDS 41,827 PROVISION FOR REINSURANCE 19,499,545 CEDED REINSURANCE PREMIUMS PAYABLE 15,367,341 OTHER ACCRUED EXPENSES AND LIABILITIES 1,783,897 TOTAL LIABILTIES $ 889,638,529 COMMON CAPTIAL STOCK 4,500,000 GROSS PAID IN AND CONTRIBUTED SURPLUS 183,407,125 UNASSIGNED SURPLUS 202,857,846 TOTAL SURPLUS TO POLICYHOLDERS $ 390, 764,971 TOTAL LIABILITIES & SURPLUS $ 1,280,403,500 Janice W. Zwinggi, being duly sworn, says that she is Vice President, CFO & Treasurer of Argonaut Insurance Company and that to the best of her knowledge, and belief, the foregoing statement is a true and correct statement of the financial condition of said Company as of the 31st of7cde� mber, 2014. Subscribed and sworn to before me this ly of �' f ZD15 Nota ubIii c JaniOv Zwinggi, Vice P si ent, CFOkk77 eas rer _ AmY Ai: Li" P S$Ly Cs 1, ; g` S `3'suusi i2, 20 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 may 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 co 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 WITNESS WHEREOF, the Principal has hereunto sec his (their, its) hand and seal and the Surety has caused this instrument to be signed by its — — — — — — — — — — — — — and its corporate seal to be hereunto affixed this day of , 20 (If Corporation add Seal and Attestation) By: Attest: Add Corporate Seal By: Attest: Address of Surety: Performance Bond BID (PORPOSAL) FORM Principal INFORMATION SCHEDULE M Schedule 5.0.L Page 2 oft OPERATIONAL PLAN The Bidder hereby states that it proposes to implement the following operational plan to haul and dispose of Municipal Solid Waste (MSW) from the Town of Southold Landfill if awarded an Agreement. I. Haul Summarize the manpower and equipment you will make available to perform under this - Agreement. Covanta will enter into an agreement with Power Crush Inc, a transporter of Waste located in Kings Park, NY. Power Crush is currently a Covanta contracted vendor operating the Brookhaven Transfer Station, transporting waste from Brookhaven to Covanta Hempstead. They also hold contracts to haul Ash from Covanta Huntington and Covanta Hempstead to Brookhaven Landfill. Power Crush owns 21 Tractors, of which 11 are 2015 models and 9 model years 2004-2007. They also operate 41 walking floor trailers, of which 22 are model years 2015 or 2016. These newer model trailers are 125 yard trailers (25% more than competitors), thereby allowing larger payloads and reducing truck traffic through the Town of Southold. The plan is to operate the haul and disposal similar to current operations, staging a number of trailers at the site to be loaded and removed on a continuing basis. Power Crush is very familiar with the operations at both Huntington and Hempstead due to their current hauling contracts in place. II. Disposal Summarize the identity and location of the primary and secondary sites you plan to use for disposal of the solid waste. Describe the arrangements between your company and the disposal site for use of the site. Describe any treatment the MSW will undergo during transport or upon arrival at the disposal site. Attach copies of the permits to construct and permits to operate the disposal site. Site No.1 NAME Covanta Hempstead LOCATION 600 Merchants Concourse Westbury NY CONTACT PERSON AND PHONE NO. Tom Murphy, Business Manager 516-683-5440 ARRANGEMENTS FOR USE: Covanta Owns and operates as well as controls the gate. TREATMENT OR UNUSUAL CONDITIONS Energy From Waste 70 Operational Plan BID (PROPOSAL) FORM Schedule 5.0.M Pagel of2 71 Site No.2 NAME Covanta MacArthur Renewal Energy LOCATION 4001 Veteran's Memorial Highway, Ronkonkoma CONTACT PERSON AND PHONENO. Tom Murphy, 516-683-5440 — — — — — — — — — — — — ARRANGEMENTS FOR USE: Covanta has contractual obligation to fill the plant over Town's deliveries. TREATMENT OR UNUSUAL CONDITIONS Energy from Waste Site No.3 NAME Covanta Huntington, LP_ LOCATION 99 Town Line Rd, E Northport, NY, CONTACT PERSON AND PHONENO. Tom Murphy, 516-683-5440 or Bob Sobieski, ToH 631- 754-4999 ARRANGEMENTS FOR USE: Covanta operates facility and may enter into agreement with the Town to dispose of waste. TREATMENT OR UNUSUAL CONDITIONS Energy from Waste Operational Plan Schedule 5.0.M BID (PROPOSAL) FORM Page 2 of2 72 N. Y. S. DEPARTMENT OF STATE DIVISION OF CORPORATIONS AND STATE RECORDS ALBANY, NY 122'31-0001 CERTIFICATE OF AUTHORITY UNDER SEC. 805 OF THE LIMITED LIABILITY COMPANY LAW ENTITY NAME: COVANTA SUSTAINABLE SOLUTIONS, LLC DOCUMENT TYPE: APPLICATION FOR AUTHORITY (FOR LLC) COUNTY: NEWY ------------------------------------------------------------------------------ ------------------------------------------------------------------------------- FILED:03/19/2015 DURATION:********* CASH#:150319000743 FILM #:150319000701 DOS ID:4728673 FILER: EXIST DATE ---------------- COVANTA ENERGY 03/19/2015 445 SOUTH ST MORRISTOWN, NJ 07960 ADDRESS FOR PROCESS: -------------------- C/O CT CORPORATION SYSTEM 111 EIGHTH AVENUE NEW YORK, NY 10011 REGISTERED AGENT_ - CT CORPORATION SYSTEM 111 EIGHTH AVENUE NEW YORK, NY 10011 The limited liability company is required to file a Biennial Statement with the Department of State every two years pursuant to Limited Liability Company Law Section 301. Notification that the biennial statement is due will only be made via email. Please go to www.email.ebiennial.dos.ny.gov to provide an email address to receive an email notification when the Biennial Statement is due. SERVICE COMPANY: C T CORPORATION SYSTEM - 07 SERVICE CODE: 07 FEES 285.00 PAYMENTS 285.00 FILING -------- 250.00 CASH -------- 0.00 TAX 0.00 CHECK 0.00 CERT 0.00 CHARGE 0.00. COPIES 10.00 DRAWDOWN 285.00 HANDLING 25.00 OPAL 0.00 REFUND 0.00 9481393CAS DOS -1025 (04/2007) I hereby certify that the annexed copy has been compared with the original document in the custody of the Secretary of State and that the same is a true copy of said original. Rev. 06/13 WITNESS my hand and official seal of the Department- of State, at the City of Albany, on March 20, 2015. Anthony Giardina Executive Deputy Secretary of State. r APPLICATION .. AUTHORITY K�- Cov - Covanta Sustainable Solutions. LLC Under Section 802 of the Limited Liability Company Law FIRST: The name of the limited liability company is: Covanta Sustainable Solutions. LLC If the name does not contain a required word or abbreviation pursuant to Section 204 of the Limited Liability Company Law, the following word or abbreviation is added to the name for use in this state: If the name of the limited liability company is unavailable, the, fictitious name under which it will do business in New.York is: SECOND: The jurisdiction of organization of the limited liability company is: Delaware The date of its organization is: September 21. 199-5 THIRD: The county within this state in which the ofice, or if more than one office, the principal office of the limited liability company is to be located is: New York Country FOURTH: The secretary of state is designated as agent of the limited liability company upon whom process against it may be served. The post office address within this state to which the sbcretary of state shall mail. a copy of any process against him or her is: c% CT Co ration System, 191 Eighth Avenue, New York, New York i®D11. FIFTH: The name and street address within this state of the registered agent of the limited liability company upon whom and at which process against the limited liability company can be served is: C T Corporation System, 111 Eighth Avenue, New York, New York 10011. SIXTH: The address of the -office required to be maintained in the jurisdiction of formation by the Paws of that jurisdiction or, if not so required, the address of the principal office of the limited liability comDanY is: 1209 Orange Street. Wilmineton. DE. 19801 SEVENTH: The limited liability company is inexistence In its jurisdiction of formation at the time of the filing of this application. NYM--0J11T*111W0k=Ktuae QKMM 150319000701 EIGHTH: ( Complete the applicable statement) The name and address of the authorized officer In the'jurisdiction of formation where a copy of the articles of organization of the limited liability company is filed is (e.. Secretary of State): Delaware Secretary oState John G. Townsend Bldg, 401 Federal St., Dover, DE 19901 No public firing of the limited liability company's articles of organization is required by the laws of the Jurisdiction of formation. The limited liability company shall provide, upon request, a copy thereof with all amendments thereof. The name and post office address of the person responsible for providing such copies is: NY079. 01,V1Q13 QeMK1U%9rO W ? PAGE 1 2544585 8300 150369545 You may verify this certificate online at corp,delanare.gov/authv&r,shtml Jeffrey W. Bullock. Secretary of State AUTHEM ;,OAT: 2207290 DATE: 03-17®15 V QT -07 ------------------------------------ Application for Authority of Covarda Sustainable Solutions, LLC (Entity Name) Under Section 802 of the Limited Liability Company Law ------------------------------ TATEOFNIWYORK DEPARTMENT OF STATE FILED MAR 19 2015 TAX S _4 Filed by: Covanta Energy BY: (Narne) J ,--vl 445 South Street «i Co (Mailing address) (r) N I0 ,Q Morristown, NJ 07960 earn (Cfty State and ZIP code) ^ NV019- 1110.2012 Woos. 9&WW OJfm & '� � #12185 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 9th day of _April, 2015. Sworn to before me this LEGAL NOTICE - - - ' I NOTICE TO BIDDERS , Solid Waste Haul -Disposal Services The Town of Southold will receive sealed bids for solid waste haul -dispos- al services until the time and -at the lo- cation 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 (631)765-1800 DATE: May 7, 2015 TIME: 2:00 PM - (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 solid waste and disposing solid waste at the r Contractor's Solid Waste Disposal Site. The term of this -Agreement shall be two and one-half (2.5) years commenc- ing on July 1, 2015, with the potential for two (2) additional option years (see Section Mop. p 211. Notwithstanding contractual or other legal reasons for terminating this Agreement, this Agreement will be guaranteed for a two and one-half (2:5) year term (30 months), through December 31, 2017. [Price evaluation of this bid will be based on prices quoted for the period July 1, 2015 — December 31, 2017] - -Bids must-be-made-iII-wf-;ting-on,thG. 'forms furnished and shall be accom- paned by a Bid Guaranty in the Form of certified check, money order, bank draft or standard form letter of credit i made payable to Town of Southold, or bid bond, in the sum of one hundred thousand dollars ($100,000.00) where- in the named obligee shall be the Town of Southold. t The successful Bidder shall be re - I quired to furnish a performance Bond I 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 sched- uled time for the opening of bids. The Town reserves the right to re- ject any or all bids and to waive infor- j malities, should this action be in the best interest of the Town of Southold. p Bid Solicitation containing submis- sion requirements, instructions, techni- cal specifications, and bidding. forms may be examined free of charge and at the following location pn weekdays , from 8:00 A.M. to 4:00 P.M.: i Office of the Town Clerk Southold Town Hall 53095 Main Road p Southold, New York 11971 Upon payment f non-refundable fifty dollars ($50.00)BidSolicitation may be picked up at: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Questions regarding the Bid Solici- i _tation should be directed to Mr. James Bunchuck, Southold Town Solid Waste Coordinator at 631-734-7685. Mr. Bunchuck's office is at the Southold Town Transfer Station, located at; Southold Town Solid Waste District t 6155 Cox Lane Cutchogue, New York 11935 fFor specific further information re- garding bidding requirements, contact Southold Town -Clerk Elizabeth A. Neville (631) 7654800. sAll bids must be signed and sealed in envelopes plainly marked 'Bid On Solid f 2015", and submaste itted , edto,the Office of !" the Town Clerk, 53695 Main'Road, P Q Box 3179, Southold, NY "11971. The bid price shall not include any tax, ' federal, state, or local, from which the Town of Southold is exempt. Dated: April 9, 2015 ELIZARPTY4 J luv. .. -- 10 l - Principal Clerk day ofDla---�,2015. U"­� CHRISTINA VOLINSKO NOTARY PUBLIC -STATE OF NEW YORK No. 01V06106060 ®uollfled In Suffolk County My Cttl M10dion ghpltoo Pdat emory 28, 9916 NOTICE TO BIDDERS Solid Waste Haul -Disposal Services The Town of Southold will receive sealed bids for solid waste 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 (631) 765-1800 DATE: May 7, 2015 TIME: 2:00 PM (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 solid waste and disposing solid waste at the Contractor's Solid Waste Disposal Site. The term of this Agreement shall be two and one-half (2.5) years commencing on July 1, 2015, with the potential for two (2) additional option years (see Section 18.0, p. 21). Notwithstanding contractual or other legal reasons for terminating this Agreement, this Agreement will be guaranteed for a two and one-half (2.5) year term (30 months), through December 31, 2017. [Price evaluation of this bid will be based on prices quoted for the period July 1, 2015 — December 31, 2017] 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 (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 Questions regarding the Bid Solicitation should be directed to Mr. James Bunchuck, Southold Town Solid Waste Coordinator at 631-734-7685. Mr. Bunchuck's office is at the Southold Town Transfer Station, located at: Southold Town Solid Waste District 6155 Cox Lane Cutchogue, New York 11935 For specific further information regarding bidding requirements, contact Southold Town Clerk Elizabeth A. Neville (631) 765-1800. All bids must be signed and sealed in envelopes plainly marked "Bid On Solid Waste Haul -Disposal Services 2015", and submitted to the Office of the Town Clerk, 53095 Main Road, P O Box 1179, Southold, NY 11971. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: April 9, 2015 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON April 9, 2015, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board Solid Waste Coordinator Bunchuck STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 9th day of April , 2015, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Solid Waste Haul and Disposal Services izabeth A. Neville outhold Town Clerk Sworn before me this 91h day of AJ_, 2015. Notary Public LYNDA M. RUDDER Notary Public, State of New'Tork No. OI RU6020932 (nualified in Suffolk County? L 1commission Expires March 8, 20® BIDDER'S SOLICITATION SOLID WASTE HAUL AND DISPOSAL SERVICES AGREEMENT DOCUMENTS TOWN OF SOUTHOLD STATE OF NEW YORK April 2015 TOWN OF SOUTHOLD TABLE OF CONTENTS GLOSSARY OF TERMS 5 SECTION A- SUBMISSION REQUIREMENTS 8 1.0 Project Purpose 9 2.0 Schedule 9 3.0 Examination Of Agreement Documents 10 4.0 Information to be Submitted 11 4.1 Contractual Bid 11 4.2 Supplemental Information 11 5.0 Bid Format 13 5.1 Binding 13 5.2 Form Preparation 13 6.0 Submission of Bid 13 6.1 Withdrawal Of Bids 13 6.2 Questions & Addenda 14 7.0 Bid Guaranty 14 8.0 Execution Of Agreement 14 9.0 Consideration Of Bids 15 10.0 Selection Of Contractor 15 11.0 Acceptance of Bid 16 12.0 Assignment 16 13.0 Limitation Of Funds Available 16 14.0 Insurance and Bonds 16 14.1 Insurance 16 14.2 Bonds 17 15.0 Indemnity (Hold Harmless) 18 16.0 Payments 18 17.0 Default 19 18.0 Term of Agreement 19 19.0 Service Agreement 19 20.0 Subcontracts 20 21.0 Rights and Options 20 SECTION B - BID SPECIFICATION 21 1.0 Requirements 22 2.0 Program Goals and Objectives 23 3.0 Guarantees 23 4.0 Character Of The Solid Waste 23 4.1 Quality and Characteristics 24 5.0 Program Activities 24 5.1 Collection 24 5.2 Loading Mode 25 5.3 Town of Southold Accident and Damage Policy 25 5.4 NYSDEC Part 360 Permit to Operate 25 2 6.0 Haul Services 25 6.1 Transport Mode 25 6.2 Work Included 26 6.3 Equipment 26 6.4 Weighings 27 6.5 Routing Mode - Contractor's Responsibility 27 7.0 Disposal Services Program Activities 28 7.1 Work Included 28 7.2 Operational Capacity 28 7.3 Permit Requirements 28 7.3.1 Disposal Sites Inside State Of New York 29 7.3.2 Disposal Sites Outside State of New York 30 7.4 Weighings 31 8.0 Safety and Health Regulations 32 9.0 Operations and Procedures 33 9.1 Supporting Data 33 SECTION C - TOWN OF SOUTHOLD SOLID WASTE 35 HAUL/DISPOSAL SERVICES 1.0 Intent 36 2.0 General Bid Statement 36 2.1 — 2.5 Attestations and Understandings 37-39 3.0 Unit Price Bid Schedule 40 3.1 Compensation 40 3.2 Evaluation Unit Bid Price Formula 41 4.0 Bid Security Acknowledgment 41 5.0 Information Schedules 41 Information Schedule A Information Schedule B Information Schedule C Information Schedule D Information Schedule E Information Schedule F Information Schedule G Information Schedule H Information Schedule I Information Schedule J Information Schedule K Information Schedule L Information Schedule M 91 SECTION D - APPENDICES Appendix A Sample Operating Agreement Appendix B New York State Department of Environmental Conservation Permit Appendix C Accident Report GLOSSARY OF TERMS ADMINISTRATOR -Shall mean the Coordinator of municipal solid waste (or his agent) of the Town of Southold, New York. AGREEMENT- Shall mean a contract set forth by the Town and resulting from this Bid Solicitation between the Town of Southold and the successful Bidder to be executed in 2013. AGREEMENT OPTION YEAR — Shall refer to one of the two option years provided for in this agreement (i.e., January 1, 2018 — December 31, 2018 or January 1, 2019 — December 31, 2019) 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. 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 1, 2015. 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 -I 5 CONTRACT DOCUMENTS - Shall have the same meaning as Agreement Documents. CONTRACT PERIOD - Shall have the same meaning as Agreement Period. 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 municipal solid waste for the Town of Southold. COUNTY - Shall mean Suffolk County, State Of New York. DAILY - Sunday to Saturday, inclusive. EPA - Environmental Protection Agency (Federal). HAUL -DISPOSAL SERVICES UNIT PRICE - Shall mean the Contractor's compensation in dollars for each ton of solid waste actually hauled from the Town Of Southold Transfer Station to the Contractor -Designated Disposal Site and disposed of at the Contractor -Designated Disposal Site. HAZARDOUS WASTE - Shall mean (1) any "hazardous waste" as defined under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.. or "hazardous substance" as defined under the comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., or "hazardous waste" as defined under New York Environmental Conservation Law Section 27-0901 et seq., as each such law may be amended from time to time, and the regulations promulgated thereunder, and any analogous or succeeding Federal, state or local law, rule or regulation and regulations promulgated thereunder and (2) any other material which any governmental agency or unit having appropriate jurisdiction shall determine from time to time cannot be processed at the facility because it is harmful, toxic or dangerous. INITIAL AGREEMENT PERIOD - Shall mean the period from July 1, 2015 through December 31. 2016. 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 ON 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 - 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. SUBSEQUENT AGREEMENT PERIOD — Shall mean the period from January 1, 2017 through December 31, 2017. TRANSFER STATION — Shall mean the Town of Southold Municipal Solid Waste Facility, located at 6155 Cox Lane, Cutchogue, NY 11935 GLOSSARY -3 7 SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS, AND AWARD BASIS SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS AND AWARD BASIS Zel" The Town of Southold expects that it will receive and need to dispose of approximately 23,000 tons of solid waste during the Initial Agreement Period, and approximately 15,000 tons in the Subsequent Agreement Period. This Bid Solicitation will ensure Town of Southold's solid waste will continue to be 1) hauled From the Town of Southold Transfer Station to Disposal site(s) and 2) disposed of at permitted Disposal Site(s). 2.0 SCHEDULE The schedule below is an estimate of the time period leading up to the commencement of the Agreement. Its intent is to provide each Bidder with an idea of when certain events may occur. The dates given are guidelines and should not be construed as firm dates or deadlines due to. the multiple parties involved in the decision making process. EVENT Transfer Station Visits Pre -Bid Conference Bid Opening Town Board Approval Agreement Executed Operations Commencement DATE By Appointment None 2:00 PM Thursday, May 7, 2015 May 19, 2015 On or Before June 19, 2015 July 1. 2015 3.0 EXAMINATION OF AGREEMENT DOCUMENTS, FAMILIARITY WITH THE WORK It is the responsibility of each Bidder before submitting a Bid to (a) examine the Sample Operating Agreement and Agreement Documents thoroughly; (b) visit the site of the Town of Southold Transfer Station; (c) attend and be familiar with the outcome of the pre-bid conference (d) become familiar with conditions at the Town of Southold Transfer Station and Disposal Sites that may affect cost, progress, performance or furnishing of the work; (e) become familiar with and consider all federal, state and local laws, regulations ordinances, permits, approvals and orders that may effect the cost, progress, performance or furnishing of the work: (f) study and carefully correlate the Bidder's observations with the Agreement Documents; and (g) notify the Town Clerk of all conflicts, errors or discrepancies in the Agreement Documents. Reference is made to the following Appendices which contain supplemental information which is attached to and made part of the Agreement Documents: Appendix A: Sample Operating Agreement Appendix B: NYSDEC Part 360 Operating Permit Appendix C: Town of Southold Accident Report Reference is made to the Following information which is available for review by Bidders at the Town Clerk's Office during normal business hours - 8:00 A.M. to 4:00 P.M. Monday through Friday. Town of Southold Solid Waste Management Plan. This information is presented solely for the convenience of the Bidders and does not constitute part of the Agreement Documents. Bidders shall form their own conclusions and opinions from this information and shall confirm any information contained therein regarding facilities and equipment through site visits. The Town does not guarantee the accuracy of any information contained in these documents. Before submitting a Bid, each Bidder shall, at the Bidder's own expense, make or obtain any additional inspections, examinations, or 'studies and obtain any additional data and information which may affect cost, progress, performance or furnishing of the work and which Bidder deems necessary to determine its bid for performing and furnishing the work in accordance with the time, price and other terms and conditions of the Agreement Documents. The failure or omission of the Bidder to receive and examine any form, instrument or document, or make required inquiries and inspections, shall not relieve the Bidder from any obligation contained in the Agreement Documents. The Town will be justified in rejecting any claim based on facts or conditions of which the Contractor should have been cognizant. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Bid Solicitation, that without 10 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. 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 4.2 Supplemental Information In addition to the aforementioned forms, the Bidder is. required to submit the following supplemental information with his bid: Operational Plan: A plan describing the Bidder's assessment of the requested operation set forth in Exhibit M. This section shall be divided into the following subsections: o Haul A detailed summary of requirements for manpower, materials and supplies, mobile equipment, etc., shall be included to provide the Town with general anticipated guidelines for performance under the Agreement. o Disposal A detailed summary of requirements of site capacity, useful life, hours and days of the week, operation, etc., shall be included to provide the Town with general anticipated guidelines for performance under the Agreement. 11 A copy of the current Permits to Construct and Permits to Operate shall be included. If the Solid Waste Disposal Site is located outside the State of New York, a copy of the current applicable laws and regulations governing the design, construction and operation of the Disposal Site shall additionally be included. ii. Litigation: A section briefly describing any current litigation which in any way may affect the Bidder's operational capability of useful life of the Solid Waste Disposal Sites. iii. Subcontractors: If the Bidder intends to use one or more subcontractors to complete any portion of the work, the Bidder must so indicate this intent in its Bid. The Bidder is advised that any Agreement awarded will be contingent upon the use of the subcontractor(s) so identified. In the event that the Bidder desires to change the number or identity of such subcontractor(s), the proposed change must be submitted to the Town for approval. No such change shall be made without the Town's approval. In addition, it is the policy of the Town of Southold to encourage the participation of Minority Business Enterprises (MBE's) and Women- Owned Business Enterprises (WBE's) on Town projects. For this reason, the Agreement will require Contractor to use its best efforts to include among its subcontractors MBE and WBE firms. In the event the successful Bidder intends to subcontract in excess of twenty-five percent (25%) of the work, the Bidder will be required to submit to the Town an MBE/WBE Utilization Plan acceptable to the Town prior to the Town's execution of the Agreement. iv. Disposal Site Subcontractor: In the event the Bidder does not own the Disposal Site identified in its Bid, the Bidder shall furnish a statement, signed by an authorized representative of the Disposal Site, which provides for Bidder's use of the site pursuant to this Bid Solicitation in accordance with the Agreement Documents. THE SUPPLEMENTAL INFORMATION REQUIREMENTS MAY BE SATISFIED BY INCLUDING A REFERENCE TO AN INFORMATION SCHEDULE (A -M) IF THE SCHEDULE PROVIDES THE INFORMATION REQUESTED AND IS INCLUDED IN THE BID. 12 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 Binder. BIDS SHALL NOT BE QUALIFIED, MODIFIED, LIMITED OR RESTRICTED IN ANY WAY. In the event a specification is not applicable, it shall be so indicated. Incomplete bids may not be considered, depending on the nature of the missing information. 6.0 SUBMISSION OF BID Each Bidder shall submit TWO (2) 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 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: 13 Town Clerk Town of Southold 53095 Main Road Southold, New York 11971 No alterations to this Bid Solicitation will be considered valid unless in writing and issued as Addenda. All such addenda shall become part of the documents and all Bidders shall be bound by such addenda, whether or not received by the Bidders All questions must be received at least ten (10) calendar days before bid opening in order to be answered. It shall be the Bidder's responsibility to make inquiries concerning any addenda issued. All addenda will be on file at the Town Clerk's office at least twenty-four (24) hours before bids are opened. The Town will not be bound by oral clarifications. 7.0 BID GUARANTY Each Bid must be accompanied by a bid guaranty (Section C, Schedule 5.0.K), without condition or qualification, which shall be in the sum of one hundred thousand dollars ($100,000.00). The guaranty may be certified check, bank draft, money order, standard form irrevocable letter of credit, or a bid bond in the form attached. The bid bond shall be secured from a surety company authorized to do business in the State of New York as a surety. No Bid will be considered unless it is accompanied by the required guaranty, certified check, money order or bank draft must be made payable to the order of the Town of Southold. The bid bond shall name the Town as the obligee. Cash deposits will not be accepted. The bid guaranty shall ensure the execution of the Agreement and the furnishing of the surety bond or other required bonds by the successful Bidder, all as required by the Agreement Documents. All guaranties will be returned within ten (10) days after the execution of the Agreement and required bonds insurance and other Agreement Documents are received from the successful Bidder. 8.0 EXECUTION OF AGREEMENT/ FURNISHING OF BONDS The successful Bidder, or its legally authorized representative, shall be required to appear in person within ten (10) days of the Notice of Award by the Town at the place and time designated by the Town to execute the Agreement and other Agreement Documents for Haul/disposal services. The successful Bidder shall, at its own cost and expense, procure, execute and deliver to the Town the following documents within ten (10) days of formal Notice of Award by the Town. Performance Bond - A Performance Bond shall be in an amount of one million five hundred thousand dollars ($1,500,000.00). 14 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 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 solid waste from the Town of Southold Transfer Station to Contractor designated Solid Waste Disposal Site(s) as set forth in Section B - Bid Specifications. B. Reserve and provide a minimum available capacity of 20,000 tons (52 weeks/year) yearly, allowing for seasonal and other peak periods. C. Provide evidence of all current valid state and Federal permits, licenses, local ordinances, etc., required by law to receive solid waste at the designated Disposal Site(s). D. Provide evidence of physical and financial capability to perform services described in the bid specifications. 10.0 SELECTION OF CONTRACTOR Bids will be evaluated only if accompanied by the approved form of bid guaranty. Only bids solicited from firms or combinations thereof, who have sufficient management, engineering capabilities, operating, and maintenance experience to fulfill the Town's goals and comply with the applicable local, state, Federal laws, ordinances, regulations e.g. New York State Department of Environmental Conservation, Resource Conservation Recovery Act and Federal Environmental Protection Agency guidelines will be accepted. The Town will review the bids and make a selection recommendation based on the evaluation criteria included in this Bid Solicitation or take such other action as it deems in its best interest. Any agreement awarded hereunder.will be to the responsible Bidder whose Evaluation Unit Bid Price is the lowest. The Town of Southold reserves the right, in its sole discretion, to reject at bids submitted in response to this Bid Solicitation. 15 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. 14.0 INSURANCE AND BONDS 14.1 Insurance For the period from Agreement commencement date until one (1) year after Agreement termination date, Contractor must maintain insurance acceptable to the Town in the kinds and amounts set forth below. All such insurance coverage, shall be provided by companies licensed to do business in New York State and the state in which the Disposal Site(s) is (are) located. The Town of Southold and its agent shall be named as an additional insured and coverage shall not be changed or cancelled until thirty (30) days written notice has been given to the Town. Within ten (10) days of the Notice of Award, Contractor shall furnish to the Town, certificates of insurance, in a form satisfactory to the Town Attorney, evidencing such insurance. The kinds and amounts of insurance are as follows: A. Contractor's Insurance - Insurance for liability for damage imposed by law of kinds and in the amounts hereinafter provided covering all work under the Agreement, whether performed by Contractor or his subcontractors. The kinds and amounts of insurance are as follows: (1) Worker's Compensation Insurance - A Policy covering the operations of the Contractor in accordance with the provisions of Chapter 41 of the Laws of 1914 as amended, known as the Worker's Compensation Law, covering all operations Of the Contractor, whether performed by him or by his subcontractors. The Agreement shall be void and of no effect unless the person or corporation making or executing same shall secure compensation coverage for the benefit of, and keep insured during the life of said Agreement such employees in compliance with provisions of the Worker's Compensation Law. (2) General Liability (Comprehensive Form) Insurance - Contractor's liability insurance issued to and covering legal liability of the Contractor with respect to all work performed by him under the Agreement. The following insurance coverage shall be included: (a) Independent Contractor's Protective Liability - Covering work performed by subcontractors. (b) Completed Operations or Product Liability. (c) Contractual Liability. (d) Broad Form Property Damage (e) Personal 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 (3) Automobile Liability Insurance - Policy shall include coverage for all owned as well as non -owned and hired vehicles, and limits shall not be less than the following amounts: BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY Aggregate: $3,000,000.00 Aggregate: $3.000,000.00 Each Person Each Occurrence Each Occurrence $1,000,000.00 $1,000,000.00 14.2 Bonds Prior to the execution Of the Agreement. the successful bidder shall furnish to the Town a Performance Bond wherein the named obligee is the Town of Southold. The Performance Bond's purpose is to secure the faithful performance of the Agreement. The bond' amount shall be set forth in Section A-8.0. The bond shall be executed by a surety company approved by the Town authorized to do business in the State of New York and with an office or representative in Suffolk County, New York. The form shall be acceptable to the 17 Town of Southold and shall have a term through the completion of services. As an a 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 gent of contract administrator, the same or others shall be added as additional named obligee at no added costs to the Town, upon written request from the Town. 15.0 INDEMNITY (HOLD HARMLESS) Contractor shall agree to defend, indemnify and save harmless the Town against any and all liability, loss, damage, detriment, suit, claim, demand, cost, charge, attorney's fees and expenses of whatever kind or nature which the Town may directly or indirectly incur, suffer or be required to pay by reason of or in consequence of the carrying out of or the performance of the terms of such Agreement, or the failure to carry out any of the revisions, duties, services or requirements of such Agreement, whether such losses and damages are suffered or sustained by the Town directly or its employees, licensees, agents, engineers, citizens or by other persons or corporations, including any of the Contractor's employees and agents who may seek to hold the Town liable therefor. This indemnity shall include any and all claims, penalties or other losses or damages incurred by the Town as a result of enforcement or other proceedings by Federal, state or local government agencies relating to Contractor's Disposal Site(s) operation. This obligation shall be ongoing, survive the term of the Agreement and include, but not be limited to, claims concerning non -sudden environmental impairments. The Bidder agrees to join in the commencement of any action or proceeding or in the defense of any action or proceeding which in the opinion of the Town constitutes actual or threatened interference or interruption with the Town's rights hereunder, including all necessary appeals which may be necessary, in the opinion of the Town. 16.0 PAYMENTS Contractor shall receive monthly payments for services performed during the prior calendar month upon submission of an invoice (with a Town voucher) that shall contain an itemized list of municipal solid waste haul trips from the Town of Southold Transfer Station including the tonnage of municipal -solid waste and the manifest number for each load of municipal solid waste removed. Such payments shall be made within sixty (60) days of the Town's approval of Contractor's invoice. Contractor's monthly invoice shall include a daily summary of tonnage received by Contractor at the' Transfer Station. The 18 Town shall be entitled to deduct from any payment owing to Contractor any sums expended by the Town to cure any default of 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 two and one-half (2.5) years (30 months) starting July 1, 2015, ending December 31, 2017 with the potential for two (2) additional option years. The Town and the Contractor, by mutual consent, shall have the option of renewing this Agreement for up to two (2) additional one-year terms at the prices bid herein. Notice of this mutual consent to be expressed by the parties in writing not less than six (6) months prior to the expiration of the term in force (i.e., by July 1, 2017, and July 1, 2018). Similarly, notice by either party of the intent to reject any option year shall be submitted in writing by the same dates of each year. The Town reserves the right to terminate the Agreement at any time after the SUBSEQUENT AGREEMENT PERIOD (i. e., after December 31, 2017) of the Agreement for the purpose of entering into an inter- municipal solid waste haul/disposal Agreement with another Long Island Town by giving one -hundred eighty (180) days written notice to the Contractor. 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 Solid Waste 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. 19 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 certificates Contractor to provide insurance naming the Town as additional insured on all policies maintained by Contractor. 21.0 RIGHTS AND OPTIONS The Town of Southold, New York, reserves and holds at its discretion the following rights and options upon issuing this Bid Solicitation: 1. To award an Agreement to the candidate whose bid is judged to be the lowest responsible bid pursuant to Section 103 of the General Municipal Law of the State of New York. 2. To reject any and/or all bids. 3. To issue subsequent bid solicitations. 4. To issue additional and subsequent solicitations for statements of qualifications and conduct investigations or interviews with respect to the qualifications of each Bidder. 5. To designate another public body, private or public agency, group, or authority to act in its behalf for evaluation and Agreement negotiations. 6. To designate another public body, private or public agency, group, or authority to act in its behalf for contract administration of this project at any time during the Agreement period. 20 SECTION B BID SPECIFICATIONS (TECHNICAUMANAGEMENT) 21 SECTION B BID SPECIFICATIONS TECHNICAL/MANAGEMENT 1.0 REQUIREMENTS This request for bids is issued for the Town of Southold, State of New York, Town Hall, 53095 Main Road, Southold, New York, 11971 (Telephone (516) 765-1800) The effort, shall be known as the Town of Southold Solid Waste Transport and Disposal Service. The Town of Southold desires to issue an Agreement with a qualified Contractor to haul and dispose of a portion of its Solid Waste. The Town will need to dispose of approximately 38,000 tons of solid waste during the Initial and Subsequent Agreement Periods (i.e., 23,000 tons from July 1, 2015 — December 31, 2016, and 15,000 tons from January 1, 2017 — December 31, 2017). The Contractor will ensure the Town that solid waste will continue to be; 1 ) hauled INA TIMELYMANNER [SEE SECTION 6.3 pg 261 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: W801110,, Provide equipment, labor, maintenance, management and policies to operate a transportation system for hauling solid waste 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 solid waste from the Town of Southold Transfer Station as set forth herein. The Contractor's New York State Solid Waste Disposal Site(s) must be in compliance with all State of New York Department Of Environmental Conservation's and U.S. Government's Regulatory requirements, e.g., 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 solid waste materials 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 GUARANTEES This Agreement will not provide any guarantees with respect to the volume of waste to be hauled and/or disposed of by Contractor or the specific operational techniques and/or equipment to be employed by the Town in the handling of waste at the Town transfer station. The Town reserves the right to designate another public body, private or public agency, group or authority to act in its behalf for administration of the Agreement at any time during the term of Agreement. 4.0 CHARACTER OF THE SOLID WASTE The wastes which are to be hauled and disposed of under terms of this bid solicitation are to include typical municipal wastes from a rural community. This will include all waste types generated in private households, and, therefore, can include broken furniture, small appliances, and other wastes generated in a private home or apartment as allowed under 6NYCRR Part 360- 1.2(a) regulations and the Garbage, Rubbish and Refuse Law, Chapter 48 of the Code of the Town of Southold. Commercial waste may also be included in the solid waste stream. It may include any waste which is typically disposed of in dumpster or roll -off type container boxes at restaurants, small businesses, light industries, hospitals, office buildings etc. It should not 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 noncompliance loads will be compensated under Forced Accounting (Appendix A-9). 23 4.1 5.0 5.1 Quality and Characteristics The Town Of Southold's historical solid waste quantities and characterization data are available upon request. In 2014, approximately 16,700 tons of MSW was removed from the Southold Town Transfer Station in 733 tractor -trailer loads (for an average of 22.8 tons/load), however this total is expected to drop somewhat during the contract term. Bidders are cautioned that quantities may differ from historical averages and/or what is expected due to economic factors, recycling practices, etc. If the Contractor discovers any non-compliance waste (hazardous, regulated medical or special wastes), the Contractor shall notify the Town and dispose of [he noncompliance waste in accordance with local, state and Federal regulations. Compensation for such waste disposal services shall be provided for under Forced Accounting (Appendix A-9). The Town makes no specific representations in the foregoing disclosure. PROGRAM ACTIVITIES Collection The Town of Southold Transfer Station is open 7 days a week, except holidays, from 7:00 A.M. to 5:00 P.M. The Contractor will be expected to collect and remove solid waste from the Transfer Station during the following hours: Monday through Friday 7:00 A.M. to 4:00 P.M. The Transfer Station is closed on the following holidays: New Year's Day Martin Luther King Day President's Day Easter Sunday Memorial Day Independence Day Labor Day Columbus Day Election Day Veteran's Day %2 Thanksgiving Eve Thanksgiving Day 1/2 Christmas Eve Christmas Day 1/2 New Years Eve The Contractor must make transfer containers available for loading seven days a week. if requested, between 7:00 A.M. and 4:00 P.M. Removal of waste on Sundays is not always required. 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. Q! 5.2 Loading Mode The Contractor shall fully prepare transfer containers for loading, including assuring that container covers or empty containers are left open. Solid Waste will be loaded by the Town at its Transfer Station using a front end wheel loader. After loading, Contractor will bring transfer containers to the Town's truck scales for weighing to prevent overloading and to document haul and disposal tonnages. Contractor will then cover (tarp) his load prior to leaving the site. If required by any local, state or Federal regulations or law, the contractor shall provide sealed containers for loading. This service shall be at the Contractor's expense and included in the unit price bid. 5.3 Town Of Southold Accident and Damage Policy The Contractor shall be required to prepare an Accident Report (See Appendix C) Of any accidents and/or damage that occur while performing services under the term of the Agreement. The Town of Southold shall immediately be notified of any major occurrences such as bodily injury of structural damage to the Town's Transfer Station. An Accident Report will be submitted to the Town within twenty-four (24) hours containing the date, time, location, and complete description of all incidents. The offending Parts or representative/e thereof shall also be recorded and required to sign the accident/damage report prior to departing the Town of Southold Transfer Station. All accident and/or damage reports will be included in reports to the Town 5.4 NYSDEC Part 360 Permit to Operate The Town Of Southold operates the Transfer Station under a New York State Department of Environmental Conservation (NYSDEC) Part 360 Permit to Operate. A copy of NYSDEC Permit is included as Appendix B. 6.0 HAUL SERVICES For Solid Waste Haul -Disposal Services -Agreement, the following services will include the tasks, responsibilities and performance required as outlined herein. 6.1 Transport Mode The Town will consider a transportation mode of truck or truck and rail under this solicitation. 25 6.2 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 of truck and/or rail containers to accommodate the transport of solid waste from the Town transfer Station to Solid Waste Disposal Site(s) in accordance with all local, state, and Federal regulations. • Financial liability and maintenance responsibility of transport equipment, i.e., dump trailers, transfer trailers bulk material containers, vehicles, personnel and services for open -top loading solid waste hauling activities. • Coordination of haul services with disposal services. 6.3 Equipment The Contractor shall provide reliable refuse handling and other essential ancillary equipment, along with personnel to operate and maintain a reliable haul services system in a manner that will satisfy the needs of the Town of Southold. The minimum level of haul services equipment acceptable to the Town to support the haul operation includes open -top trailers and bulk material containers. Under this solicitation, the town will require the contractor to stage an adequate number of transfer trailers to accommodate the anticipated waste stream comfortably. While the Town will not dictate the exact number of trailers to be placed, IN PRACTICE THIS SHALL BE INTERPRETED TO MEAN THE CONTRACTOR MUST AS A GENERAL RULE SUPPLY SUFFICIENT LOADING CAPACITY SUCH THAT NO. MORE THAN A SINGLE TRAILER LOAD OF PUTRESCIBLE WASTE IS LEFT ON THE TRANSFER STATION TIPPING FLOOR AT THE END OF EACH DAY. FAILURE TO DO SO MAY RESULT IN THE CONTRACTOR BEING DECLARED IN BREACH OF CONTRACT IN WHICH CASE THE TOWN RESERVES THE RIGHT TO SEEK ALTERNATE HAUL -DISPOSE SERVICES UNTIL ADEQUATE ACCOMMODATION OF THE WASTE STREAM IS RESTORED, SUCH ALTERNATE ARRANGEMENTS TO BE AT THE SOLE COST AND EXPENSE OF THE CONTRACTOR. The contractor must assure the Town that an adequate reserve supply of equipment exists to haul and dispose of the daily and seasonal solid waste 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. solid waste, etc., to assure equipment compatibility. Transport equipment used at the Southold Town Transfer Station may be open -top bulk material containers, dump trailers, roll -off containers or open -top transfer trailers, Im provided that all such equipment is suitable for convenient loading given existing configurations of the Town of Southold Transfer Station. All Transport equipment, including equipment involved in any interim transfer operation (i.e., any transfer of Southold Town MSW into other vehicles/containers prior to disposal) shall be: 1) Registered with the State of New York Department of Motor Vehicles or equivalent agency; 2) designed to preclude spillage of waste; 3) loaded within their design capacity and New York State Department of Transportation regulations; 4) well maintained in good working order. Corroded defective, bent, deformed or punctured trailers, roll -off boxes, or other containers of waste materials shall not be utilized at any time. Suitable covers shall be provided and used while transporting solid waste in open -top transport equipment. The bidder shall clearly indicate [he 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 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. 6.4 Weighings The Town of Southold will provide certified weighing at the Town of Southold Transfer Station. The Contractor will accept these weights for invoicing purposes. All weights will be generated on current certified weigh scales. 6.5 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. 27 7.0 DISPOSAL SERVICES PROGRAM ACTIVITIES For Solid Waste 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: Disposal Site capacity. Flexibility of Disposal Site capacity to allow for seasonal variances in waste generation and sufficient to permit service in the tonnages bid. Hours and days of the week that the designated Disposal Site will be open for receiving solid waste 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 solid waste at any and all Disposal sites designated by the bidder. Because of the varying terms of Solid Waste 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 Solid Waste 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 28 Contractor is unable to find an alternate Disposal Site, it shall be deemed to be in default of the Agreement and liable for damages, bonds forfeitures and other expenses as provided in the Agreement. In the event the individual and/or entity submitting a bid in response to this bid solicitation is not the individual and/or entity named as the permit holder on any necessary current and valid local, state or federal permits, licenses or other authorizations, required by law to receive solid waste 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 solid waste disposal site during the term of Agreement, or portion thereof, in a manner which is in complete compliance with this bid solicitation and the bidder's bid submission. The agreement between the bidder and the permit holder shall include provisions that: 1. Provide Town with the right to discuss operational matters with the permit holder whenever necessary. 2. Require the permit holder to comply with directives of the Town which are consistent with and pursuant to the Agreement which shall result from this bid solicitation. 7.3.1 Disposal Sites Inside State of New York The Contractor's Solid Waste Disposal Sites, if located within the State of New York, must be in compliance with all State of New York Department of Environmental Conservation's and U.S. Environmental Protection Agency regulators requirements, e.g., 6NYCRR Part 360, Resource Conservation Recovery Act (RCRA), Environmental Protection Agency - Subtitle D, et al. The Solid Waste 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 solid waste 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 that will be considered include land disposal, waste to energy (incineration), composting, etc., as long as they comply with all the above governing regulators requirements and environmental standards. The use of Solid Waste Disposal Sites shall be subject to the approval of the Town of Southold based upon review of information submitted with the bid describing in detail the nature of the disposal process and other information reasonably requested by the Town. No Disposal Site shall be acceptable unless it poses no significant threat to the environment and its design, construction and operation complies with all applicable laws. 29 7.3.2 Disposal Sites Outside State of New York The Contractor's Solid Waste Disposal Sites, if located outside the State of New York must be in compliance with all the applicable local, state and Federal laws and regulations and U.S. Environmental Protection Agency regulatory requirements, e.g. Resource Conservation Recovery Act (RCRA), Environmental Protection Agency - Subtitle D, et al. The Solid Waste 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 solid waste 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. If the Solid Waste Disposal Site is a landfill, it must comply with the following minimum standards: • Liner System. All proposed landfills under the Agreement shall be provided with at leasta single liner system to restrict the migration of leachate and prevent pollution of underling soil or groundwater. Liner systems shall consist of low permeability soil admixtures, clays or synthetic materials. Liners are at a minimum to consist of materials having a demonstrated hydraulic conductivity and chemical and physical resistance not adversely affected by waste emplacement or sanitary landfill leachate, including synthetic geo-membranes and soils such as clay or other semi -impervious admixture. Liner systems may consist of an impervious liner composed of at least two feet of clay with demonstrated hydraulic conductivity of lx 10-> cm/sec or a synthetic single lining system of a thickness of at least 60 mils. Thicknesses down to 40 mils may be acceptable for composite liners which include impervious clay. Foundation: The proposed landfill shall be designed and constructed on an appropriate foundation which provides firm, relatively unyielding planar surfaces to support the liner system and which is capable of providing support to the liner and resistance to the pressure gradient above and below the liner resulting from settlement, compression or uplift. • Leachate Collection: The proposed landfill shall be equipped by a leachate drainage and removal system. The leachate drainage system -shall consist of collection pipes and a drainage layer. The system shall be designed to ensure that the leachate head on the liner does not exceed one foot at any time. A leachate removal system shall be provided to remove leachate within the drainage system to a central collection point for treatment and disposal. Leachate Treatment and Disposal: Leachate shall be treated and disposed of in accordance with all applicable taws, including applicable pretreatment standards and discharge limitations. 30 Gas Collection and Venting: The proposed landfill shall be equipped with a suitable gas collection and/or venting system which complies with all air pollution requirements and other applicable laws. Surface Drainage Systems: The proposed landfill shall be designed with an appropriate surface drainage system which isolates the landfill from adjacent surface water drainage in a controlled manner, as well as controlling run-off from the landfill itself. Monitoring System: The proposed landfill shall be equipped with appropriate systems to monitor groundwater quality, gas production, leachate volume, quantity, slope and settlement status. The number and location of ground water monitoring wells shall be sufficient to define and detect any potential migration of contaminants. However, no fewer than one up -gradient monitoring well and two down -gradient monitoring wells shall be provided in any event. A regular sampling and analysis program shall be in place to verify that no groundwater contamination results from the landfill. Closure: The proposed landfill shall have in place a written closure plan which conforms to applicable taws and standard industry practice. The closure plan shall, be designed to insure that contamination does not spread from the landfill during) the post closure period. 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 Solid Waste 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 solid waste at an approved site. 7.4 Weighings The Town will compensate the Contractor for waste material hauled and disposed of on a net tonnage basis (short tons = 2000 pounds). The certified weighings will be made at the Southold Town Transfer Station. The Disposal Site will accept these weights for invoicing purposes. Alt weights will be generated on current certified weigh scales. In the event of any dispute over differences in net weights between the Town and Disposal Sites scales and weight records, the Town may make payment upon the weight it deems to be most correct, until the dispute is reconciled. Any claims for differences must be filed in writing within sixty (60) days of occurrence or the Town's calculation shall be deemed final and binding between the parties. 31 8.0 SAFETY AND HEALTH REGULATIONS The Contractor shall comply with all current Federal Department of Labor, Safety and Health Regulations under the Occupational Safety and Health Act, 1972 (PL 91-596) and Section 107, Agreement Work Hours and Safety Standards Act (PL 91-54). Specific consideration shall be given, but not limited to the following major areas: a. Maintenance safety procedures - guards and Shields on dynamic equipment, guards, railings, electrical lockouts, vehicle wheelblocks, audio vehicle backup alarms, vehicle wheel chocks, etc. b. Employee safety orientation, education, teaching, first-aid training, cardiopulmonary resuscitation, etc. Noise and dust control, ear protection, respirators, hard-hats, safety shields, glasses, protective clothing, sanitary facilities, etc., d. Fire and explosion preventions, control, equipment (fire blankets, extinguishers, first aid hoses, etc.) and personnel escape alternatives. e. Traffic flow control patterns. f. Accident or injury reporting system (the Town shall received copies of al reports and immediate verbal notification). g. Employee health safeguards. h. Mechanic's lien safeguard against work interference. The Contractor shall comply with all local, state and Federal regulations, laws and Statutes, which apply to the work and to safety in particular. The Contractor shall comply with New York State Department of Labor current requirements. The Contractor shall be solely and completely responsible for operational safety during performance of the Agreement. The obligation exists twenty-four (24) hours a day, each and every day throughout the term of the Agreement. The Town of Southold shall not have any responsibility for means, methods, sequences of techniques selected by the Contractor for safety precautions and programs, or for any failure to comply with laws, rules, regulations, ordinances, codes or orders applicable to the Contractor furnishing and perfonning the services under the terms of the Agreement. 32 9.0 9.1 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, modification's, and updates shall be forwarded to the Town throughout the term of the Agreement. Organization personnel and structure, showing the chain of command, names and telephone numbers and staffing requirements. Operational plan - shifts, hours, etc. Safety, disaster, and emergency procedures. Transportation plan, including available transport equipment, vehicle fleet and reserve capabilities. Inclement Weather Plan - This shall describe the bidder's plan should inclement weather alter normal daily operations as described in the bidder's operations plan. The inclement weather plan shall include hauling operations and disposal operations. The bidder's means of assessing inclement weather conditions (weather and road conditions), method of reporting to the Town and the alternatives shall be described. 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 24 hours notice inspect the contractor's records. Such records shall he kept, available by Contractor for a period of two (2) years after termination of this Agreement. In the event the Town requires additional .information for reporting purposes, the Contractor will supply same. The Town, or its designee, may call upon the Contractor at anytime for an oral review of any technical matter. The Contractor shall file and update the following information as specified herein. Items Due Haul Equipment (Schedule H) as changes occur Haul Accident Report (Appendix C) on occurrence 33 Disposal Accident Reports Licenses, Permits and Inspection Reports Part 360 Permit All Bid Information Schedules on occurrence on occurrence as changes occur as changes occur 34 SECTION C TOWN OF SOUTHOLD SOLID WASTE 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 Solid Waste Haul -Disposal Services Agreement and therefore any discrepancies contained in the documents, of the omission from the documents of express reference to any work which obviously was intended under the Agreement, shall not excuse or relieve the Bidder from furnishing the same. No oral statement shall in any manner or degree modify of otherwise affect the terms of the Agreement. Work or materials described in words which have a well known technical or trade meaning, shall be interpreted by such meaning. 2.0 GENERAL BID. STATEMENT to] UT amffl 618"MCG1A111 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, genera! 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 by the Town, and the unit price Bid herein stated. Mel 2.1 The Undersigned Bidder also agrees as follows: FIRST: If this bid is accepted, to execute the Agreement through a separate written contract and furnish to the Town a satisfactory performance bond, and insurance all within ten (10) calendar days. SECOND: To begin Solid Waste Haul -Disposal services operations on the commencement date of any Agreement awarded hereunder, having completed all necessary prior preparations of operational planning, personnel hiring, equipment procurement, subcontractor contractual agreements, and ancillary facilities, etc.; to assure a smooth and orderly acceptance of these duties. THIRD: To pay the Town any and all damages it may incur as a result of the Contractor's failure to 'perform all acts necessary to the execution of the Agreement as provided in the Bid Solicitation. It is recognized and agreed that the Town has the unconditional right to utilize the funds provided by the bid bond posted by the Bidder as a means of obtaining indemnification or, payment of such damages. FOURTH: During the performance of this Agreement, the Contractor hereby agrees as follows: a. The Contractor shall not discriminate against any employee or applicant for employment because of age, race, creed, color, sex, marital status, national origin, physical disability, and shall take affirmative action to ensure that they are afforded equal employment opportunities without discrimination because of age, race, creed, color, sex, marital status, national origin or physical disability. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination, rates of pay, or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. b. The Contractor shall comply with the provisions of Sections 290 through 301 of the Executive Law, Shall furnish all information and reports deemed necessary by the State Commission for Human Rights under these nondiscrimination clauses and such sections of the Executive Law, and shall permit access to his books, records, and accounts by the State 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 37 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. C. The Contractor shall include the provisions of clauses (a) through (e) in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within the State of New York. The Contractor will take such action in enforcing such provisions of such subcontract or purchase order as the Town may direct, including sanctions and remedies. FIFTH: By submission of this bid, the Bidder and each person signing on behalf of any Bidder certifies, and in case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury that to the best of his knowledge and belief: a. The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor. 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. 2.2 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. 38 The undersigned further understands and agrees that it is or they are to furnish and provide in return for the respective Evaluation Unit Bid Price, all the necessary materials, machinery, vehicles, implements, tools, labor services, and other items of whatever nature, and to do and perform all work necessary under the aforesaid conditions, to complete operations of the aforementioned Solid' Waste 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. 2.3 The undersigned submits herewith a bid guaranty within the form provided by the applicable bid documents in the amount of $100,000.00 for any option or combination thereof. In the event this proposal is accepted, and the undersigned fails, within ten (10) calendar days after date of receipt of Notice Of Award from the Town to execute and deliver an Agreement in the form provided by the Town or fails to execute and deliver evidence of proper insurance coverage and performance bond in the amounts required and in the prescribed form within ten (10) days after Notice of Award, the bid guaranty Shall be forfeited and be retained by the Town toward the satisfaction of liquidated damages and not as a penalty. Otherwise, the total amount of bid guaranty liquidated will be returned to the Bidder. 2.4 The undersigned acknowledges the receipt of the following addenda, but it agrees that it is bound by all addenda whether or not listed herein and whether or not actually received, it being the Bidder's responsibility to receive and have knowledge of all addenda. ADDENDUM NUMBER AND DATES Number 1 - Dated: Number 2 - Dated: Number 3 - Dated: Number 4 - Dated: Number 5 - Dated: 2.5 The Bidder has completed the Contract Bid Form and Unit Price Schedules in both words and numerals in accordance with these bid requirements. We 3.0 UNIT PRICE BID SCHEDULE SOLID WASTE HAUL -DISPOSAL SERVICES SOUTHOLD TOWN, NEW YORK 3.1 COMPENSATION The undersigned hereby submits the following price bid to furnish Solid Waste Haul - Disposal Services, to Southold Town, New York for the terms through HAUL -DISPOSAL SERVICES The Haul -Disposal Service applicable unit price per ton for the INITIAL AGREEMENT PERIOD (July 1, 2015 — December 31, 2016) is dollars and cents ($ ). (C 1) The Haul -Disposal Service applicable unit price per ton for the SUBSEQUENT AGREEMENT PERIOD (January 1, 2017 — December 31, 2017) is dollars and cents ($ ). (C2) The Haul -Disposal Service applicable unit price per ton for agreement OPTION year ONE (January 1, 2018 —December 31, 2018)_ is dollars and cents ($ The Haul -Disposal Service applicable unit price per ton for agreement OPTION year _TWO (January 1, 2019 — December 31, 2019) is cents ($ dollars and (C4) M 3.2 EVALUATION UNIT BID PRICE FORMULA Evaluation Unit Bid Price = (C1)23,000+(C2,15,000 38,000 tons Evaluation Unit Bid Price = $ Bidder: Firm -Corporation Address Authorized Representative Date 4.0 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). 41 F. Statement of Bidder's Qualifications and related experiences (Schedule F, attached hereto). G. Major Subcontractors - (Schedule G, attached hereto). H. Equipment- (Schedule H, attached hereto). I. Maximum Specified Capacity- (Schedule I, attached hereto). J. Information on Bidder's Solid Waste Disposal Site(s) (Schedule J attached hereto). K. Form of Bid Bond (Schedule K, attached hereto). L. Performance Bond (Schedule L, attached hereto). M. Operation Plan (Schedule M, attached hereto). Dated: Name of Bidder: Address of Bidder: 0-0 Signature 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 Title 42 (Treasurer) Name Address (If an individual or partnership) Names and addresses of all principals or partners 43 This Bidder INFORMATION SCHEDULE A Town of Southold Bid Project Solid Waste Haul -Disposal Services (Bidder's legal name) herein certifies that as a Bidder, it does not currently owe delinquent taxes or other outstanding Funds, of having pending or currently involved in any litigation involving the Town of Southold, State of New York. Name of Bidder: IC (Authorized Signature) NOTE: (1) If blank not applicable, fill in with N/A Date: (2) If bidder owes the Town taxes or is involved in any litigation, a statement of explanation will be attached hereto. Tax/Litigation Certification BID (PROPOSAL) FORM INFORMATION SCHEDULE B Schedule 5.0.A Page 1 of 1 Town of Southold Bid Project Solid Waste 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) Firm's Legal Name Street Address (Box Numbers) City State Zip Telephone Number The Bidder herein certifies that the is partially/wholly owned subsidiary of This By or is a public/private stock corporation. Bidder Office Locations/Ownership Certification BID (PROPOSAL) FORM Manager's Name (Contact) Parent Firm's Legal Name Street Address (Box Numbers) City State Zip Telephone Number Firm Parent Firm is owned % Parent Firm INFORMATION SCHEDULE B - (Continued) Schedule 5.0.B Page 1 of 2 WI Name of Bidder: In Date: Note: (1) Any attachments or modifications to this form shall be labeled Schedule 5.0.13, and properly integrated into the Bid Form, (2) If blank not applicable, fill in with N/A. Bidder Office Location/Ownership Certification BID (PROPOSAL) FORM INFORMATION SCHEDULE C Schedule 5.0.13 Page 2 of 2 ol Town of Southold Bid Project Solid Waste Haul -Disposal Services This is identification that will be the Surety Company for the Bidder, on this project and that the named Surety Company herein provides written certification that the named Surety Company will provide the Performance Bond, specified in the Contract Documents, in the event the Bidder enters into an agreement with the Town. The Surety Company herein certifies that such Company is licensed to do business in the State of New York. Principal (SEAL) Surety Company Surety Verification BID (PROPOSAL) FORM Schedule 5.0.0 WA INFORMATION SCHEDULE D Town of Southold Bid Project Solid Waste Haul -Disposal Services The Bidder herein certifies that the below named individuals are the current registered corporate officers, along current permanent addresses, and designates their authority to execute an Agreement on behalf of the firm Officer's Name Subsidiary Corporate Title Address City State, Zip Officer's Name Subsidiary Corporate Title Address City State, Zip Officer's Name Subsidiary Corporate Title Address City State, Zip Current Corporate Officers BID (PROPOSAL) FORM Officer's Name Parent Corporate Title Address City State, Zip Officer's Name Parent Corporate Title Address City State, Zip Officer's Name Parent Corporate Title Address City State, Zip Schedule 5.0.1) Page 1 of 2 INFORMATION SCHEDULED - (Continued) C-:3 Officer's Name Subsidiary Corporate Title Address City State, Zip Corporate Seal Officer's Name Parent Corporate Title Address City State, Zip Name of Bidder: By: Date: NOTE: If blank not applicable, fill in with N/A Current Corporate Officer BID (PROPOSAL) FORM INFORMATION SCHEDULE E Schedule 5.0.1) Page 2 of 2 Lis Town of Southold Bid Project Solid Waste 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 BID (PROPOSAL) FORM INFORMATION SCHEDULE E - (continued) Schedule 5.0.E Page 1 of 2 50 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 , 20 State of New York, County of is of Name of Bidder Title being duly sworn deposes and saws that he 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 320 Notary Public My Commission expires: NOTE: (1) (Bidder may submit additional information desired as Schedule E attachments.) (2) If blank not applicable, fill in with N/A Bidder's Financial Condition BID (PROPOSAL) FORM INFORMATION SCHEDULE F Schedule 5.0.E Page 2 of 2 51 Town of Southold Bid Project Solid Waste 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: 3. 4. 5. 6. 7. 8. 9. Street City State State incorporated: Year incorp.: New York State; Business License No.: No. Years in contracting business under above name: Has firm ever defaulted on a contract? Yes Gross Value - work under current contract: $ Number of Current Contracts: Brief description general work performed by firm: 10. Has Firm ever failed to complete work awarded? Yes If yes, attach supporting statement as to circumstances. Qualifications Summary BID (PROPOSAL) FORM INFORMATION SCHEDULE F — (contin No Zip No Schedule 5.0.F Page 1 of 3 years. 52 11. Related Experience Reference (within previous 5 years) 11.2 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: 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: Qualifications Summary BID (PROPOSAL) FORM 11.3 Project Title: Schedule 5.01 Page 2 of 3 53 Owner's Name: Address: Engineer: Address: Project Initial Start Date: Project Acceptance Date: Initial Bid Value: $ Final Complete Project Value: $ Brief Project Description: 12. Principal Firm Members' Background/Experience (3 members minimum). Attach current resumes as Schedule 5.0.17 supplement or give concise description by individual. Name of Bidder: C (Authorized Signature) Date: NOTE: Any supplemental attachments or modifications to this form shall be labeled Schedule 5.01, and shall be properly integrated into this Bid Form. If blank not applicable, fill in with N/A. Qualifications Summary BID (PROPOSAL) FORM INFORMATION SCHDULE Schedule 5.01 Page 3 of 3 54 Town of Southold Bid Project Solid Waste Haul -Disposal Services The Bidder hereby states that it proposes, if awarded an Agreement to use the following haul sub -contractors on this project. Sub -Contractor/ Contract Trade/ Individual Address Phone # Specialties 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. NOTE: Name of Bidder: By: (Authorized Signature) If blank not applicable, fill in with N/A Subcontractors BID (PROPOSAL) FORM IFORMATION SCHEDULE H Date: Schedule 5.0.G 55 Town of Southold Bid Project Solid Waste 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. Equipment Item Proposed Project Use Name of Bidder: Current Equipment Location Date: NOTE: Any supplemental attachments or modifications to this form shall be labeled Schedule 5.0.H and shall be properly integrated into the Bid Form. If blank not applicable, fill in with N/A Construction Equipment BID (PROPOSAL) FORM ORMATION SCHEDULE I Schedule 5.0.H 56 Town of Southold Bid Project Solid Waste Haul -Disposal Services The Bidder hereby states that it will be prepared to dispose of up to the following Maximum Specified Yearly Capacities in tons of Town of Southold solid waste if awarded an agreement Contract Year Name of Bidder: go Maximum Specified Capacity BID (PROPOSAL) FORM Maximum Tons per Contract Year INFORMATION SCHED Date: Schedule 5.0.I 57 Town of Southold Bid Project Solid Waste Haul -Disposal Services NOTE: IF A BIDDER INTENDS TO UTILIZE MORE THAN ONE SOLID WASTE DISPOSAL SITE, AN INFORMATION SCHEDULE J MUST BE COMPLETED FOR EACH DISPOSAL SITE. The following is information on the undersigned Bidder's Solid Waste Disposal Site: I. GENERAL A. Disposal Site Location Name: Address: Phone: B. Disposal Site mailing address (if different than I) Address: II. CURRENT OPERATIONS A. Operations Permit 1. Permittee: 2. No.: 3. State: 4. Date of Issue: 5. Date of Expiration: 6. Copy Enclosed: Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM Yes: INFORMATION SCHEDULE J — (continued) No: Schedule 5.0.J Page 1 of 7 58 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 Wednesday to Thursday to Friday to Saturday to Sunday to 4. 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 Solid Waste Disposal Site(s) BID (PROPOSAL) FORM INFORMATION SCHEDULE J - (continued) Schedule 5.0.J Page 2 of 7 59 4. Will the ACTUAL operating hours be extended up to the PERMITTED operating hours in Question II.B.1 in order to accommodate Town of Southold solid waste? Yes No 6. Are there any local agreements, ordinances, etc. which would prohibit extending the ACTUAL operating hours in Question II.B.3 up to the PERMITTED operating hours in Question II.B.1? Yes No B. What is the PERMITTED annual capacity in tons? 20 20 20 20 20 D. At the PERMITTED levels in Question II.C., what is the projected useful life in years? E. What is the annual RECEIVING6 level today? F. At the RECEIVING levels in Question II.E, what is the projected useful life in Years? Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM INFORMATION SCHEDULE J — (continued) Schedule 5.0.J Page 3 of 7 60 G In I. How much of the RECEIVING level in Question II.E is committed to under contract in tons? 20 20 20 20 20 Does the Disposal Site have special waste restrictions? Yes No 1. Construction/Demolition 2. Asbestos 3. Wastewater Treatment Sludge 4. Hazardous Waste Gate Fee ($) Are there any existing agreements with local municipalities which prohibit: Item 1. Routing to site 2. Weight limits between state coeds and site 3. Number of vehicles 4. Vehicle size 5. Solid waste importation outside jurisdictional area 6. Host Community Benefits Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM Yes No INFORMATION SCHEDULE J - (Continued) Schedule 5.0.J Page 4 of 7 61 III. EXPANSION PLANS A. Application Permit 1. 2. 3. 4. 5 6 Permitee: No.: State: Date of Submission: Copy Enclosed: Yes Submission Status: a. Expansion of current site or new site b. Local Citizenry Reaction C. Regulatory agency d. Litigation C. Likelihood to succeed Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM No INFORMATION SCHEDULE J — (Continued) Schedule 5.0.J Page 5 of 7 62 B. If you are successful in Question III.A., what is the additional annual DESIGN capacity in tons (do not include figures from Question II.C.)? 20 20 20 20 20 C. At the annual DESIGN levels in Question III.B., what would be the projected useful life in years? D. Would you be willing to share with the Town of Southold engineering reports utilized for the preparation of the Operating Permits on Expansion Application? Yes No E. Bidder's Disposal Site(s) Engineer of Record Firm's Name Firm's Address Project Engineer, Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM INFORMATION SCHEDULE J - (Continued) Schedule 5.0.J Page 6 of 7 rev 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, equipment to be furnished as a result of this bid will be in accordance with Town of Southold specifications applying thereto unless exceptions are indicated above and an explanation attached. Bidding Company Address City By (Please Print or Type) Signature Phone No. Date CORPORATE SEAL Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) FORM NAME AND TITLE State INFORMATION SCHEDULE K Zip Schedule 5.0.J Page 7 of 7 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 Owner in the sum of as 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 220 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 solid waste; 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 off 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. 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. Form of Bid Bond BID (PROPOSAL) FORM Schedule 5.0.K Page 1 of 3 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seats, 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. 65 Principal Surety By: Address of Surety: SEAL (ACKNOWLEDGEMENT BY CONTRACTOR, IF A CORPORATION) STATE OF: COUNTY: On this day of and say that he resides in SSN: of the 20 before me personally came to me known, who being duly sworn, did depose ; that he is the corporation described in and which executed the foregoing instrument; that he knows the seal of 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 BID (PROPOSAL) FORM (ACKNOWLEDGMENT BY CONTRACTOR, IF A PARTNERSHIP) Schedule 5.0.K Page 2 of 3 STATE OF: COUNTY: ) SSN: On this day of , 20 before me personally came to me known, and known to me to be a member of the firm of , and known to me to be an individual described in, and who executed the foregoing instrument in the firm name of , and he duly acknowledged to me that he executed the same for and in the behalf of said firm for the uses and purposes mentioned therein. Notary Public (ACKNOWLEDGEMENT BY INDIVIDUAL CONTRACTOR) STATE OF: ) COUNTY: ) SSN: On this day of , 20 before me personally came to me know, and known to be the person described in and who executed the foregoing instrument and duly acknowledged that he executed the same. Form of Bid Bond BID (PROPOSAL) FORM INFORMATION SCBEDULE L Notary Public Schedule 5.0.K Page 3 of 3 67 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the "principal") and (hereinafter called the "Surety") are held and firmly bound to the Town of Southold (hereinafter called the "Owner") in the full and just sum of dollars ($ ) good and lawful money of the United States of America, for the payment of which sum of money, well and truly to be made and done, the Principal binds himself, his heirs, executors, administrators and assigns and the Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Agreement bearing date on the day of , 20 , with the Owner for the Town of Southold Solid Waste 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 5.0.L BID (PROPOSAL) FORM Page 1 of 2 PROVIDED HOWEVER, the Surety, for the 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 may 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 co 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 WITNESS WHEREOF, the Principal has hereunto sec his (their, its) hand and seal and the Surety has caused this instrument to be signed by its and its corporate seal to be hereunto affixed this day of , 20_ (If Corporation add Seal and Attestation) Add Corporate Seal LOIN Attest: Attest: Address of Surety: Performance Bond BID (PORPOSAL) FORM Principal Surety INFORMATION SCHEDULE M Schedule 5.0.L Page 2 of 2 OPERATIONAL PLAN The Bidder hereby states that it proposes to implement the following operational plan to haul and dispose of Municipal Solid Waste (MSW) from the Town of Southold Landfill if awarded an Agreement. I. Haul Summarize the manpower and equipment you will make available to perform under this Agreement. II. Disposal Summarize the identity and location of the primary and secondary sites you plan to use for disposal of the solid waste. Describe the arrangements between your company and the disposal site for use of the site. Describe any treatment the MSW will undergo during transport or upon arrival at the disposal site. Attach copies of the permits to construct and permits to operate the disposal site. Site No. 1 NAME LOCATION CONTACT PERSON AND PHONE NO. ARRANGEMENTS FOR USE TREATMENT OR UNUSUAL CONDITIONS Operational Plan BID (PROPOSAL) FORM Site No. 2 NAME Schedule 5.0.M Page 1 of 2 70 LOCATION CONTACT PERSON AND PHONE NO. ARRANGEMENTS FOR USE TREATMENT OR UNUSUAL CONDITIONS Operational Plan BID (PROPOSAL) FORM Schedule 5.0.M Page 2 of 2 71 APPENDIX A SAMPLE OPERATING AGREEMENT (CONTRACT) THIS AGREEMENT, made on the day of 520 , 72 by and between the Town of Southold, a municipal corporation of the State of New York having its Principal place of business at 53095 Main Road Southold, New York hereinafter called the "Town" and hereinafter called the "Contractor." WITNESSETH WHEREAS, Contractor has submitted to the Town a bid dated 20 , ("Bid") in response to the Town's Bid Solicitation for Solid Waste Hauling - Disposal Services dated 20 , ("Solicitation"); and WHEREAS, the Town Board of the Town of Southold by resolution No. adopted on authorized the Town Supervisor to enter into an agreement with the Contractor to perform certain services in connection with the handling of solid waste, NOW, THEREFORE, it is mutually covenanted and agreed by and between the parties hereto as follows: DEFINITIONS - Terms defined in the Bid Solicitation shall have the same meaning as if defined herein. II. SCOPE OF SERVICES - The Contractor shall perform the services in accordance with the description of those services as set forth in the Solicitation. III. TERM OF AGREEMENT The term of this Agreement shall be two and one-half (2.5) years (30 months) commencing on July 1, 2015, with the potential for two (2) additional option years. The Town and the Contractor, by mutual consent, shall have the option of renewing this Agreement for up to two (2) additional one-year terms at the prices bid herein. Notice of this mutual consent to be expressed by the parties in writing not less than six (6) months APPENDIX A-1 prior to the expiration of the term in force (i.e., by July 1, 2017, January 1, 2016, and July 1, 2018). Similarly, notice by either party of the intent to reject any option year shall be submitted in writing by the same date (January 1) of each year. 73 The Town reserves the right to may terminate the Agreement at any time after Year Two (i.e., after December 31, 2017) of the Agreement for the purpose of entering into an inter- municipal solid waste haul/disposal Agreement with another Long Island Town by giving one -hundred eighty (180) days written notice to the Contractor. 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 tonnage 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 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 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 solid waste 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 regulations applicable to ail of the services to be performed Contractor. APPENDIX A-2 C. Contractor represents that the information furnished by Contractor in the 74 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 its work hereunder, Contractor shall submit to the Town an and a WBE Utilization Plan, prior to execution of this Agreement, D. In the event the Contractor's Disposal Site is unable to receive and dispose of the Town's waste 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. INDEMNIFCATION INSURANCE/BONDS A. Contractor agrees to defend, indemnify and save harmless the Town of Southold against any and all liability, loss, damage, detriment, suit, claim, demand, cost, charge, 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 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 APPENDIX A-3 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, 75 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 the foregoing indemnification. C. Contractor shall, for the period of the performance of services hereunder, maintain a Performance Bond in the amount of one million ($1,000,000.00) 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 APPENDIX A-4 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; 76 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 foregoing, such acts or events shall include the following: (1) an act of God (but not including reasonable anticipated weather conditions for the geographic area of the Town or 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 (4) the presence of hazardous waste upon, beneath or migrating from the Transfer Station. It is specifically understood that none of the following acts or conditions shall constitute uncontrollable circumstances: (a) general economic conditions, interest or inflation rates, or currency fluctuations; (b) the financial condition of the Town, the Contractor, any of its affiliates or any sub -contractor; (c) union work rules, requirements or demands 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 practices on the Contractor's costs; (f) any act, event or circumstances occurring outside of the United States, or (g) any change in law or in the permit conditions or status of the Transfer Station Disposal Site or alternate Disposal Site. APPENDIX A-5 IX. SUBONTRACTS Contractor shall not enter into any subcontracts in connection with the services to 77 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 obliges. X. PREVAILING WAGE RATES Contractor agrees to comply with the provisions of the New York State Labor Law relating to the payment of prevailing wage rates to the extent applicable, or the applicable State Law in the state of disposal. In the event that at any time during performance under this Agreement the Contractor is required to increase the wages paid to any of its employees as a result of such requirement, all costs 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 + OVERHEADO + PROFIT For the purposes of this Section: APPENDIX A-6 A. DIRECT LABOR COST shall include hourly wages, including overtime premiums actually paid plus the following fringe benefits -associated with those wages — group 78 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 off 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, buildings, or real property of the Town since such personal property is exempt from taxation York State Tax Law, 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. PROFITS 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 co' 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. This 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 APPENDIX A-7 Bid for a Disposal Site for which Contractor does not currently have all necessary federal and state permits, or which after the acceptance of the Bid loses its permitted status, Contractor shall, at its sole risk and expense, be responsible for obtaining and/or renewing its permits or providing 79 the Town an alternate Solid Waste 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 Sits 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 fail -Lire 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 extant 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 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. APPENDIX A-8 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 a 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; 2. Exhibits hereto; 3. The Solicitation including Appendices; 4. Contractor's Bid. E. Without limiting any other right and/or remedy which the Town may have at law or under this Agreement, if the Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors or s 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 held themselves out nor claim to be an officer or employee of the Town of Southold nor make claim to any right accruing thereto including, but not limited to, Worker's Compensation, Unemployment Benefits, Social Security or retirement membership or credit. G. If any provision of this Agreement shall for any reason he held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement and this Agreement shall be enforced as if such invalid and unenforceable provision had not been contained herein. H. Contractor agrees that it shall not discriminate and that it shall cause there to be no discrimination against any employee who is employee in the work, or against any APPENDIX A-9 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; 81 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: If to the Town: Supervisor of the Town of Southold P.O. Box 1179 Southold, New York 11971 With a copy to: Solid Waste Coordinator, Town of Southold P.O. Box 962 Cutchogue, NY 11935 If to the Contractor: IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. TOWN OF SOUTHOLD Scott A. Russell, Supervisor APPENDIX A-10 APPENDIX B 82 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PERMIT (Please contact the Southold Town Solid Waste Management District, 6155 Cox Lane, Cutchogue, NY 11935; Tel 631.734.7685) APPENDIX C 83 NON -COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid . Signed: Print name Corporate Title (if any) Company Name Mailing Address Phone Number BID ON Qb 16 'M Sk-( Southold Town Board - Letter �surracr �3 F Board Meeting of February 24, 2015 RESOLUTION 2015-222 ADOPTED Item 4 5.31 DOC ID: 10601 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-222 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 24,2015: RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk to advertise for bids for the hauling and disposal of MSW received at the Cutchogue Transfer Station starting July 1, 2015. �� }� Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Evans, Russell ABSENT: Jill Doherty Generated February 27, 2015 Page 42