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HomeMy WebLinkAboutScrap Metal sale$25.00 non-refundable feeO obtain specifications. BID - REMOVAL OF SCRAP METAL - 1997 BID OPENING: 10:00 A.M., Thursday, November 7, 2996 10/23 10/31 Mid Island Salvage Corp, 1007 Long Island Ave., Deer Park, NY 11729 Attn: Kathy Schroeder 667-5040 Franza's Universal Scrap Metal, Inc., 2 Garity PI., E. Farmingdale, NY 11735 249-1217 10/31 Century Recycling, 122 Bellerose Ave., E Northport NY 262-0198 11731 6e JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, Now York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 10, 1997 Alfred H. Franza, President Franza~s Universal Scrap Metal Inc. Garity Place Farmingdale, New York 11735 Dear Mr. Franza: Returned herewith is your $1,000.00 to your contract with the Town of Southold for calendar year 1997. performance bond with regard for the removal of scrap metal Very truly yours, Judith T. Terry Southold Town Clerk Enclosure .____~% Tow~ o~ soux~o,r) DATE 12/09/1997 THOUSAND AND 00/100 DOLLARS CH~'CK NO. 45446 .0. 045446 $ l, 000 .'00 PAYTO FPRNZA'S UNIVERSAL SCRAP METAL, INC. ENDOR 006558 FRANZA'S UNIVERSAL SCRAP tl'l'lM .030 120497 12/09/t 997 CHECK 454.46 PERF BND-RMUL SCRAP MTL 1,000.00 TOWN OF SOUTF~CLD · SOUTHOLD. NY 11971-0959 I CI~[~ ,nO A(;P, EEMENT Tills AC;REEMENT, made and entered into tills 12th November 1996, between the TOWN OF SOIITII()I_I), a corporation of the State ef New Yin'k, having its llrincil)nl Main Road, Southold, Stlff*')ll( COtlllty, New York, hereinnltf, r (:~Hh,d Ih~ "Town", and Franza's Universal Scrap_ Meta , a domestic cm~pm'ali.~. State of New York Farminqdale party "Contractor". WITNESSETII: In consideration contained, implements, baying its prh~cipal office at C;ari.t~/. P_l.a..c.e~ . tile secol)d i)art, herehlafter (~RIIP<l II1~, of the coveuauts and agreemelllS ITel the Contractor agrees to furnisl~ all equipmput, m~l~,li~H~ and incidentals alld te furnish all Iai)er tll Iii) nil lit(, required for the Removal of Scrap Metal from the Southohl 'l'{iw~ Area at CutchogtJe. New York, all as provided ill the SpeciHcRli.~ Notice to Bidders therefor on file in the South,)Id T()w~ Clerk's Offi(-~,, the terms and conditions of rids Contract, for the period [r(,m ~mry 1997 through December 31, 1997. In conslderatten of which the Conlract()r and the l'ow~ ~gl'~ following: A. The Contractor shall pay to the Town $_~1,71 .... I)m~ [<)~ scrap metal removed by the ~ontractor. B. The ~ontractor shall pay to [l~e Town $~_1.71 I)m' h,~ scrap metal delivered to the ~onlr~clor. see ~. Th~ Town shall pay to the ~ontrnctof $~ttachmentl)m' tim, items containing refrigerants removed by the Eontr.clor, and $21.71 per ton for the value of such items as scrnp to be paid to [l~e Tow~. see D. The Town ~hall pay to the Contractor Sattachment Pm~ ilr, m items containing refrigerants delivered to Ihe Cotttractor, aah $.21.71 .... per ton for the value of such items as scrap to be paid to the Town. The foregolng shall be upon the [ollowin9 terms and cendiHm~s whi(:h the parties do mutually covenant and agree, to wit: 1. The Specifications, Notice to Bidders and ~olttractor'~s are intended to be dud Rte I~ereby made a part of this Agremnenl a~ set forth in full herein. 2. All the applicable provisions of the Labor Law of the ~tate of New York shall be adhered to by the Contractor as to the laber ~lnder thi~ Agreement, 3. The Contractor further agrees to secure and furnish ~nd keep in force during the term hereof compe~salion and disRbility ill~llrRnce tl~e benefit of lbo Contraclor~s employees engaged in the work Page 2 - A. greement - Scrap Metal performed under tile provisions of tile Laws of the StaTe of N¢~w York affecting the same, and this Contract shall be null and w)hl and (~f effect If the contractor shall fall to secure and furnish celapellsRIion and disability Insurance 'covering the Co~tractor's employees engaged in the work provided for in this Agreement. The Contractor shall prm. i)lly furnish to tbe Town Clerk of the Town of Soutbold certificates showing lhnl such Insurance bas been secured and remains In effect durh~g the ~erm tl~e Contract. ~1. Each and every provision of law and ~laus~ required hy law be Inserted In this Contract shall be deemed to have been inserted, then upon the application of either party, this Contract shall I.). physically amended forthwitb to mak~ such insertion. 5. It Is further expressly understood and agreed that the Conlractor shall comply with all applicable laws end regulRtlons of all governmental agencies and sball obtain any and nil required permits and/or at~tlmrizRth)ns in the performance of the work. 6. Liability and InclemntflcRtion. Contractor agrees to indemnify, defend and bold harmless the Town agRinst any and all liability, loss, damage, suit, claim, demand, cost, charg~ and Rttorneys fees ()[ whatever kind arising out of a third party action or claim wbicl~ the Town tony directly or indirectly Incur by reason of the Contractor's negligence carrying out or performing the terms of this Agreement or fniling to carry out the terms of the Agreement. IN WITNESS WlIEREOF, the respective parties bereto hnve this Agreemellt ~nd c~nRe same to be sighted by the proper ~fflc~r of respective parties and their respective seals affixed, the day and year first above written. {SEA L) (SEA L) CONTRACTOR FRANZA'S UNIVERSAL SCRAP METAL INC. '~red ,1~ iSranza, I~residep/ -2- FRANZA'S UNIVERSAL SCRAP METAL INC. GARI~Y PLACE, FARMINGOALE, N~-SN YORK 1 1735 November 5, 1996 Southold Town Clerk Southold Town Hall 53095 Main Rd. Southold, N.Y. 11971 Attn: Judith T. Terry Re: Scrap Metal Bid Dear Ms. Tarry, It is the intention of Franza's Universal Scrap Metal, Inc. (hereinafter referred to as "CONTRACTOR") to secure a contract with the Town of $outhold for the removal of all scrap metal deDosited at the Southold Tow~ Disposal Area, County Route 48, Cutchogue, N.Y. for calendar ?ear, 1997. Our bid is as follows: A. SCRAP METAL: (i.e.; freon-free refr~ger~ion units, washing machines, auto's, trucks, trailers, etc.) The CONTRACTOR will supply conv~ntlal roll-off containers at said location ~o be loaded by Town of Sou~hold personnel for which ~he Town of Southold will be paid ............................ $21.7! Der Ton. B. SCRAP METAL (DELIVERED): (i.e.; freon-free refrigeration units, washing machines, auto's, trucks, ~railars, etc.) The Town of Sou~hold w!!l supply Town personnel ~o load ~own-owned trucks and or trailers and delivRr scrap meEa! no e ~esLqnatRd s~a~icn ~loca~±on t~ De gisclosed upon awar~ of con~racT) for which the Town cf $outho!d wi!! be paid ..................... $2!.7Z ~er Ton. (NRPLVI ~ no handle al! -your refr!gerant r~ccver-/ needs shcul~ we secure The bid to __move scrap me,al =-- _~nt__c~ year ' unit will be opera~sd by Town of Scu~hcld personnel. After =_=_=~e__n removed from apparatus, added tu 2he scrap me~a! aonuainers for wh~zh the Town of Scuznclc wL__ ~e pal! ............................. S21.71 uer FRANZA'S UNIVERSAL SCRAP METAL INC. GARITY PLACE, FARMINGDAIE, NE~V YORK I 1735 Ncvenfoer 5, 1996 TEP~4S 1. The Town of Southold shall be responsible for maintenance of the NRP~-L1 Refrigerant Recovery Unit and shall return the u/lit in workable condition at end of contract. 2. Ail loads must be free of all debris and foreign contacts (i.e.; wood, garbage, rubber, glass, etc.) 3. Ail it=ms require 24 hour notice for removal, The only time service will be interrupted will be due to mechanical breakdown, shredder maintenance or an act of God for which CONTRACTOR shall not be deemed in default. 4. Weight tickets shall be supplied by the Town of Southold at time service is rendered. 5. Payment to the Town of Southold shall be received no later than the ~enth day of each month for the total receipts of the previous months activities. 5. Franza's Universal Scrap Metal, Inc. reserves the riqht to renegotiate t~is agreement ~Don ~ ~ _ ~h_~.y days writtsn notice. 7. This proposal becomes part of the agreement with the Town of Southold. RespecTfully submitted, Fr~nzals Universal Scrap Me~a!, ~.lfr=_d..H. Fr=~nza,' ?ra~.'/~&nt .~nc. Paue 3 - Auremnent STATE OF NEW YORK) COUNTY OF .SIJFFOLK) On this 12th clay of _~Ng_v_e__m_b~._r, 199G, before me personally ~ml.~ JEAN W, COCIIRAN, to me Imown, who bei~g by me duly sworn, did depo~ and say that sbe resides at Roisseau Ave., Sm.thold, New Yeti(, that~i~e Js the Supervisor of the Town of Sotlllmld, the mmHcipallty de~crihed in nnd which executed the foregoing instrummit; tbntshe I{nows th~ seal el ~ni(I Town; that the seal affixed to said instrnment is stlch Town SenJ; tha~ it was so affixed by order of the Town Board or tl~ Town of SmHhohl, nnd that~le signed bet name thereto by llke order. STATE OF NEW YORK) SS: COUNTY OF NASSAU) On this ~/v day Alfred H. Franza of November , 1996. before me j)el'~m~nlly (-;im~. to me personally kt'~owrl, heing by m~ ,hlly sworn, did depose and say ii,at he resides at ,2 Garit_~Plag~,. ~_~k ..... Farminqdale, NY , that he is tl~e President (~f .FFanza's Universal Scrap MetalliC'the Corporation described in m~d which ex~c~H~(I the above Instrument; that he I{nows the seal of said CorporRHm); thnl U~e seal affixed to said instrument is such corporate seal; thRt it wRs so ~fllxed by order of tbe Board or Directm's of said Corporation; .nd thRI he signed bis name thereto by like order. THESTATEINSURANCEFUND 199 CHURCH STREET NEW YORK, N.Y. 10007 (212) 312-7616 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE FRANZAS UNIVERSAL SCRAP METALS INC 2 GARITY PLACE FARMINGDALE N Y 11735 POLICY NUMBER 671 539-5 DATE 11/26/96 CER~FICATENUMBER 882-396 PERIOD COV~REDBYTHISCERTIFICATE 5/23/96 TO 5/23/97 iPOLICYHOLDER FRANZAS UNIVERSAL SCRAP FiETALS INC 2 GARITY PLACE FARMINGDALE N Y 11735 CER~FICATEHOLDER TOW~N OF SOUTHOLD 53095 MAIN RD SOUTHOLD NY 11971 THIS IS TO CERTIFY THAT THE POLICYHOLDER NAMED ABOVE IS INSURED WITH THE STATE INSURANCE FUND UNDER POLICY NO. 671 539-5 UNTIL 5/23/97 , COVERING THE ENTIRE OBLIGATION OF THIS POLICYHOLDER FOR WORKERS' COMPENSATION UNDER THE NEW YORK WORK- ERS' COMPENSATION LAW WITH RESPECT TO ALL OPERATIONS IN THE STATE OF NEW YORK. IF SAID POLICY IS CANCELLED, OR CHANGED PRIOR TO 5/23/97 IN SUCH MANNER AS TO AFFECT THIS CERTIFICATE, 5 DAYS WRITTEN NOTICE OF SUCH CANCELLATION WILL BE GIVEN TO THE CERTIFICATE HOLDER ABOVE. NOTICE BY REGULAR MAIL SO ADDRESSED SHALL BE SUFFICIENT COMPLIANCE WITH THIS PROVISION. U-26.3 ACOED. NPA Associates, LTD. 225 Wireless Bird Hauppauge, NY 11788 ABILITY. ' ' CERTIFICATE OF LI I $URANCE .. .......... . ;.:~s cF;;nr.ca.-r. ~s ,BSUE3 AS A MAFI'ER OF .N'~'~q~ilCN -" ONLY AND CONFERS NO RIGHTS UPON THE CERTIRCATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. COMPANIES AFFORDING COVERAGE ~NSURED Franza Universal Scrap Metals, Inc. Franza Universal Cleanups Co.Inc.,National Resources Co. COMPANY B Allcity Insurance Company Empire Insurance Company Allcity Insurance Company 2 Garity Place Farmingdale, NY 11735 JC o ~'llS IS TO CERTIFY THAT THE POLICIES OF INSUR*MqCE LIS~ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POL!CY PERIOD INDICATED. NOT~NITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREin IS SUBJECT TO N..L THE TERMS. EXCLUSIONS AND CONDIT~NS OF SUCH POLICIES. LtMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. POUCYNUMBER 226004676604 07/25/96 07/25/97 127004150304 07/25/96 07/25/97 UMn'S GE NIEP. AL AGGREGATE $ 1,000,000 P~O~UCTS. COMPn~P Aa~ $ 1,~0,~0 PERIL & A~ INJURY S 1,~0,0~ ~CH ~CURR~E $ ] +~.000 234106210 07/2.5/96 07/25/97 AUTO ONLY - EA ACCIDENT O~E~ ~AN ^UTO Evidence of Insurance 53095 Main Road ~ DAYS WRI'I'FEN NOTICE TO THE CERTIFICA/E NOLD~R NAMED TO THE Southold, NY 11971 ~T FAILLE TO ~lL ~H ~TICE ~ 1~ ~ O~ON OR ~ACOR~::~:~.:;:: ~. ~::::::~.:..: ..~L.~:~,~.:.~.j...~.~.~ ~:~ ..~4~ .~.~.:~~::.~'~::~.....~*~ ~ PAY TO TH E ORDER OF CERTIFIED FRANZA'S UNIVERSAL SCRAP META~'II~[~A~ AS ORIGINALLY DRAWN FA,~iN~RO~n~Y~L~yC.r~?~,~ PROPERLY. ENDORSED · ~**l ;o'oO._o:o **" '::':'>: ' 906292990 : ' ' i'i-~-%~ "' :'' 40585 · :' DOLLARS JUDITH T, TEP.,RY TOWN CLEP. K REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 6, 1996 Alfred H. Franza, President Franza's Universal Scrap Metal Inc. Garity Place Farmingdale, New York 11735 Dear Mr, Franza: We are in receipt of your executed agreement for the Removal of Scrap Metal from the Southold Town Disposal Area at Cutchogue for Calendar Year 1997, along with your insurance certificates and $1,000.00 performance bond, therefore I am returning herewith your $200.00 bid check. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure CERT/I/F I EE" ~ 40523 FRANZA'S UNIVERSAL SCRAP METAPA'il4~E Ag 0RIGiNALL'f G^RI~'~N~C~ Hk ~?/P R 0 F'E R L YEN[ 0RsE[~ PAY JUDITH T. TERRY TOWN CLERK REGISTIi~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 18, 1996 Alfred H. Franza, President Franza's Universal Scrap Metal Inc. Garity Place Farmingdale, New York 11735 Dear Mr. Franza: The Southold Town Board, at a regular meeting held on November 12, 1996, accepted your bid for the removal of Scrap Metal from the Southold Town Disposal Area for Calendar Year 1997, all in accordance with the bid specifications. Enclosed herewith is your agreement with the Town for your services. Please sign both copies on page 2, have your signature notarized on page 3, and return the copy marked "Town" to me in the enclosed self- addressed, stamped envelope. Thank you. Once we have your executed agreement your $200.00 bid check will be returned to you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O, Box 1179 Sontho]d, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 12, 1996: RESOLVED that the Town Board of the Town of $outhold hereby accepts the bid of Franza's Universal Scrap Metal Inc. for the removal of Scrap Metal from the Southold Town Disposal Area for Calendar Year 1997, all in accordance with the bid specifications. Judith T. Terry Southold Town Clerk November 13, 1996 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-18b0 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 18, 1996 Joseph Marro, President Mid Island Salvage Corp. 1007 Long Island Avenue Deer Park, New York 11729 Dear Mr. Marro: I submitted your letter of November 7, 1996 concerning the Scrap Metal bid to the Southold Town Board at their November 12th work session. The Board reviewed the file and agreed the bid should be awarded to Franza's Universal Scrap Metal Inc. The bid specifications were sent to Kathy Schroeder on behalf of your firm on October 23, 1996, giving ample time for you to submit your bid by November 7th. The fact Federal Express did not deliver your bid, which was not sent until November 6th, by 10:00 A.M. on the bid date, November 7th, is not a reason for the Town Board to reject the Franza bid and rebid. This office circulated and published the bid notice with ample time for you to deliver a bid from Deer Park to Southold. Accordingly, the Town Board must reject your request, without prejudice to future bids. Very truly yours, Judith T. Terry Southold Town Clerk MID ISLAND SALVAGE CORP. 1007 LONG ISLAND AVENUE DEER PARK, L.I., N.Y. (516) 667-5040 Nov. 7, 1996 Southold Town Hall 53095 Main Rd. Southold, NY 11971 ATTN: Judith T. Terry. Town Clerk Dear Ms. Terry, In response to your returning our bid for 1997 Scrap Removal Contract, this particular bid was sent by Federal Express on 11/6/96. Federal Express guarantees priority delivery by 10:00am the next morning. In this case Federal Express did not fulfill their guarantee of delivery. We have now asked Federal Express to conduct an official inquiry, which they have agreed to do. Federal Express has informed us that this inquiry will take 2-3 business days. At this time we are asking the Town of Southold to please give Mid Island Salvage Corp the opportunity to find out what happened and if this was at the fault of Federal Express, we feel we should not be penalized and be given the opportunity to re-submit our bid. We will be able to inform you of the outcome of this inquiry by 11/13/96. As you know Mid Island Salvage Corp. is a responsible bidder considering the business we have done in the past. We did everything in our power to submit this bid on time and we feel we are not at fault here. We have had the contract for the Town of Southold for the calendar year 1996 and feel this contract was fulfilled in a professional manner. Thank You for your patience and understanding, and if you have any questions, please do not hesitate to call me at (516) 667-5040. Shacerely, MID ISLAND SALVAGE CORP. FRANZA'S UNIVERSAL SCRAP METAL INC. GARITY PLACE, FARMINGDALE, NEW YORK ~ 1735 (516) 249-1217 · FAX (5145) 249-E~087 November 5, 1996 Southold Town Clerk Southold Town Hall 53095 Main Rd. Southold, N.Y. 11971 Attn: Judith T. Terry Re: Scrap Metal Bid Dear Ms. Terry, It is the intention of Franza's Universal Scrap Metal, Inc. (hereinafter referred to as "CONTRACTOR") to secure a contract with the Town of Southold for the removal of all scrap metal deposited at the Southold Town Disposal Area, County Route 48, Cutchogue, N.Y. for calendar year, 1997. Our bid is as follows: A. SCRAP METAL: (i.e.; freon-free refrigertion units, washing machines, auto's, trucks, trailers, etc.) The CONTRACTOR will supply convential roll-off containers at said location to be loaded by Town of Southold personnel for which the Town of Southold will be paid ............................ ~21.71 per Ton. B. SCRAP METAL (DELIVERED): (i.e.; freon-free refrigeration units, washing machines, auto's, trucks, trailers, etc.) The Town of Southold will supply Town personnel to load town-owned trucks and or trailers and deliver scrap metal to a designated station (location to be disclosed upon award of contract) for which the Town of Southold will be paid ..................... $21.71 per Ton. C. REFRIGERANT ITEMS: The CONTRACTOR will supply the Town of Southold, ~ ~ ~, a new refrigerant recovery unit (NRPLVi) to handle all your refrigerant recovery needs should we secure the bid to remove scrap metal for contract year 1997. The unit will be operated by Town of Southold personnel. After the refrigerant is removed from apparatus, such items can be safely added to the scrap metal containers for which the Town of Southold will be paid ............................. $21.71 per Ton. FRANZA'S UNIVERSAL SCRAP METAL INC. GARITY PLACE, FARMINGDALE, NEW YORK 11735 (516) 24g-1217 · FAX (516) 249-8087 November 5, 1996 TERMS i. The Town of Southold shall be responsible for maintenance of the NRPVL1 Refrigerant Recovery Unit and shall return the unit in workable condition at end of contract. 2. Ail loads must be free of all debris and foreign contacts (i.e.; wood, garbage, rubber, glass, etc.) 3. Ail items require 24 hour notice for removal. The only time service will be interrupted will be due to mechanical breakdown, shredder maintenance or an act of God for which CONTRACTOR shall not be deemed in default. 4. Weight tickets shall be supplied by the Town of Southold at time service is rendered. 5. Payment to the Town of Southold shall be received no later than the tenth day of each month for the total receipts of the previous months activities. 6. Franza's Universal Scrap Metal, Inc. reserves the right to renegotiate this agreement upon thirty days written notice. 7. This proposal becomes part of the agreement with the Town of Southold. Respectfully submitted, Franza's Universal Scrap Metal, Alfred,~{. Franza, Pres~ent Inc. AHF/an CE R T/I/F FRANZ.~,'S UNIVERSAL S~_P. METAF, A'{I~£ A~ ORIGI,~.~- ~R~c~ H~ ~F' F,~'E R L Y ENDORSE[~ ~A"M~"G~L~ ~7~ ~200 PAY , ~ ~ ~F'EAN AMERICAN o.o~. o~ y ~, j~.~ ~.~,.~,., 40523 As Per Attached Proposal PROPOSAL To the Town Board of the Town of Southold, Suffolk County, New York: In accordance with the Notice to Bidders, dated October 17, 1996, inviting proposals for the Removal of all Scrap Metal deposited at the Southold Town Disposal Area located north of County Route 48, at Cutchogue, New York, during the period from January 1, 1997 through December 31, 1997, and subject to all the conditions and requirements of the specifications, the undersigned proposes to furnish all the labor and tools, equipment and conveyances for the said work and to fully and completely perform the same in accordance with such Notice to Bidders, Specifications, and Form of Contract, and to the satisfaction of the Town of Southold for the following price: A. Bid for Fiscal Year 1997 is $ 21.71 per ton removed by the Contractor, which is to be paid to the Town of Southold. B. Bid for Fiscal Year 1997 is $21.71 per ton delivered to the Contractor, which is to be paid to the Town of Southold. (If the Contractor will not accept items containing refrigerants, do not complete this part.) C, Bid for Fiscal Year 1997 for items containing refrigerants if refer to removed by the Contractor is $covPr -IPt-t-Pr per item, which is to be paid by the Town of Southold, and $ 21.71 per ton for the value of such items as scrap to be paid to the Town of Southold. D. Bid for Fiscal Year 1997 for items containing refrigerants if refer to delivered to the Contractor is Scorer ietter per item which is to be paid by the Town of Southold, and $ 21.71 per ton for the value of such items as scrap to be paid to the Town of Southold. If this proposal shall be accepted by the Town Board, and the undersigned shall fail to execute the contract, or fails to file the required bond or other security, then the said Town Board may, at its option, determine that the undersigned has abandoned the Contract, and thereupon his proposal shall be returned to the undersigned. Attached herewith is a certified check or proposal bond for the sum of Two Hundred Dollars ($200.00) in accordance with the conditions stipulated in the specifications. By submission of this bid or proposal, the bidder certifies that: (a) This bid or proposal has been independently arrived at without collusion with any other bidder or with any competitor or potential competitor; (b) This bid or proposal has not been knowingly disclosed arrd will not be knowingly disclosed, prior to the opening of bids or proposals for this project, to any other bidder, competitor or potential competitor; (c) No attempt bas been or will be made to induce any other person, partnership or corporation to submit or not to submit a hid or proposal; Page 2 - Propos~al - Scrap Metal (d) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties of perjury, affirm the truth thereof, such penalties being applicable to the bidder as well as to the person signing in its behalf; (e) That attached hereto (if a corporate bidder) is a certified copy of a resolution authorizing the execution of this certificate by the signator of this bid or proposal on behalf of the corporate bidder. By submitting this proposal, the under signed understands and agrees that the Town Board reserves the right, in its absolute discretion, to accept or reject any and all proposals. IN WITNESS WHEREOF, the undersigned has herewith set his (their) name in full, together with his (their) residence address, this 5t~ day of Novembe~ , 1995. Signature Title President Firm or Corporation Franza's Universal ScraD Metal,Inc,. Address 2 Garity Pl., E. Farmingdale, N.Y. 11735 Telephone Number (516) 249-1217 -2 CERTIFIED COPY OF RESOLUTION AUTHORIZING THE EXECUTION OF NON-COLLUSIVE BIDDING CERTIFICATION ON BEHALF OF CORPORATE BIDDER RESOLVED that Franza's Universal Scrap Metal, Inc. (Name of Corporation) be authorized to sign and submit the bid or proposal of this corporation for the following project: Removal of Scrap Metal from the Southold Town Disposal Area, Cutchogue, New York, and to include in such bid or proposal the certificate of non-collusion required by Section 103-d of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or misstatements in such certificate of this corporate bidder shall be liable under the penalties of perjury. The foregoing copy is a true and correct copy of the resolution adopted byF£az;z'~'sLhi'v~31SczapM~tal~Inc- corporation at a meeting of its Board of Directors held on 5th day of November 1996. /~ Secretary./ (Seal of the Corporation) 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 ol-ficial opening of the bid. (Corporate Title) President (if any) Bid on REMOVAL OF SCRAP METAL - 1997 AGREEMENT THIS AGREEMENT, made and entered into this day of 1996, between the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its principal office at 53095 Main Road, Southold, Suffolk County, New York, hereinafter called the "Town", and , a domestic corporation of the State of , having its principal office at party of the second part, hereinafter called the "Contractor". WlTNESSETH: In consideration of the covenants and agreements hereinafter contained, the Contractor agrees to furnish all equipment, materials, implements, and incidentals and to furnish all labor to do all the work required for the Removal of Scrap Metal from the Southold Town Disposal Area at Cutchogue, New York, all as provided in the Specifications and Notice to Bidders therefor on file in the Southold Town Clerk's Office, and the terms and conditions of this Contract, for the period from January 1, 1997 through December 31. 1997. In consideration of which the Contractor and the Town agrees to the following: A. The Contractor shall pay to ti~e Town $ per ton for scrap metal removed by the Contractor. B. The Contractor shall pay to the Town $ per ton for scrap metal delivered to the Contractor. C. The Town shall pay to the Contractor $ per item for items containing refrigerants removed by the Contractor, and $ per ton for the value of such items as scrap to be paid to the Town. D. The Town shall pay to the Contractor $ p~r item for items containing refrigerants delivered to the Contractor, and $ per ton for the value of such items as scrap to be paid to the Town. The foregoing shall be upon the following terms and conditions which the parties do mutually covenant and agree, to wit: 1. The Specifications, Notice to Bidders and Contractor's Proposal are intended to be and are hereby made a part of this Agreement as thou§h set forth in full herein. 2. All the applicable provisions of the Labor Law of the State of New York shall be adhered to by the Contractor as to the labor under this Agreement. 3. The Contractor further agrees to secure and furnish and keep in force during the term hereof compensation and disability insurance for the benefit of the Contractor's employees engaged in the work to he Page 2 - Agreement - Scrap Metal performed under the provisions of the Laws of the State of New York affecting the same, and this Contract shall be null and void and of ~o effect if the contractor shall fail to secure and furnish compensation and disability insurance covering the Contractor's employees engaged in the work provided for in this Agreement. The Contraclor shall promptly furnish to the Town Clerk of the Town of Southold certificates showing that such insurance has been secured and remains in effect during the term of the Contract. ~1. Each and be inserted in this every provision of law and clause required by law to Contract shall be deemed to have been inserted~ then upon the application of either party, this Contract shall be physically amended forthwith to make such insertion. 5. It is further expressly understood and agreed that the Contractor shall comply with all applicable laws and regulations of all governmental agencies and shall obtain any and all required permits and/or authorizations in the performance of the work. 6. Liability and Indemnification. Contractor agrees to indemnify, defend and hold harmless the Town against any and all liability, loss, damage, suit, claim, demand, cost, charge and attorneys fees of whatever kind arising out of a third party action or claim which the Town may directly or indirectly incur by reason of the Contractor's negligence in carrying out or performing the terms of this Agreement or failing to carry out the terms of the Agreement. IN WITNESS WHEREOF, the respective parties hereto have executed this Agreement and cause same to be signed by the proper officer of the respective parties and their respective seals affixed, the day and year first above written. (SEA L) {SEA L) TOWN OF SOUTHOLD By Jean W. Cochran, Supervisor CONTRACTOR Page 3 - AgreeTment STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On this __ day of 1996, before me personally came JEAN it/. COCHRAN, to me known, who being by me duly sworn, did depose and say that she resides at Boisseau Ave.,Southold, New York, that she is the Supervisor of the Town of Southold, the municipality described in and which executed the foregoing instrument; thatshe knows the seal of said Town; that the seal affixed to said instrument is such Town Seal; that it was so affixed by order of the Town Board of the Town of Southold, and that~he signed her name thereto by like order. Notary Public STATE OF NEW YORK) COUNTY OF On this 5'c-h day of November 1996, before me personally came Alfred B. Fra~za to me personally known, being by me duly sworn, did depose and say that he resides at 2 Garity Pl., E. Farmingdale New York that he is the President of Franza's Universal Scrap Metal, Ir~. the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that he signed his name thereto by like order. ~ / Notary PiJblic I~. 01SH4923564 & s~f~ c0~y r.~nmi~slo. Ex~ims ~ 4, 199~ 3 FR~' MID ISLAND SALVAGE CORP, lOO7 LONG ISL~4D AVENUE DEER PARK, L.I., N.Y. (516) 66%$040 Nov. 7, 1996 Southold Town Hall 53095 Main Rd. Southold, NY' 11971 ATTN: Sudith T. Terry. Town Clerk RECEIV'c'D NOV: 8 1996 Dear 5Is Ter~, P- ~2 MID ISLAND SALVAGE CORP. In response to your returning om bid for 1997 Scrap Removal Comract, this particular bid was s~nt by Fedea'al Express on 11/6/96. Federal Express guarantees priority delivery by tO:OOam the next moraing. In this case.Federal Express flid not fi~lfill their guaran:ee of delivery. We have now asked Fefleral Express to conduct an official inqu/ry, which they ha~e' agreed to do. Federal Express has informed us that this ~quiry ,~511 take 2-3: business day% this time we are asking the Town of Southold to please give Mid Island Salvage Corp the: oppolmnity to find out what happened arid if this was at the fault of Federal Express, w{ ..... .~ , ,~:~,~,=?~., we should not be pe~ah~ed and be gtven the oppormmty to re-sub,mt our btd:.We will b~.. to inform you of the outcome of this inquiry by 11/13/96. ^.~ you know Mid Island Salvage Corp. is a responsible bidder considering the business we have done in the past. We did everything inour power to submit this bid on time :md ~e.fcel we *~'e not at fault here. We have had the contract for the Town of'Southolc[ for tl.e year 1996 and feel. this contract was fxflfilled ill a professional.tnarmev..:'~ Thank You for your patience and understanding, and'if:you ;have anyquesfions, ~dease dO hesitate to call me at (516) 667-5040. ,..~. ,. .}-UDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 November 7, 1996 Dear Ms. Schroeder: I am returning your bid unopened. The bid opening for Scrap Metal was 10:00 A.M., Thursday, November 7, 1996. Your bid did not arrive until 10:32 A.M. by FedEx. Sorry to inconvenience you, but we cannot accept a bid after the advertise bid opening time. 1~96 Recycliog 516-262-0198 122 Bellerose Avenue, East Norlhport N.Y. 11731 516-262~9646(fax) October 28, 1996 Town of Southold - Town Clerk 53095 Main Road Southold, NY 11791 To Whom It May Concern: We are interested in bidding on the removal of scrap metal for the Town of Southold. The bid due date is 11/7/96. Enclosed is a deposit for $25.00. We would greatly appreciate it if you would send us a copy of the bid documentation to the address above. Thank you for your time and consideration. Yours Very Tmlv Jeanne Healy (~ ~ Coflt/oller ~ RECEIVED 0 I~T 2 ~ 1996 Southold Town Clerk MID ISLAND SALVAGE CORP. 1007 LONG ISLAND AVENUE DEER PARK, L.I., N.Y. (516) 667-5040 Oct. 21, 1996 Southold Town Clerk Southold Town Hall 53095 Main Rd. Southold, NY 11971 RE: Bid For Removal of Scrap Metal 1997 Dear Ms. Terry, Enclosed please find check # 8308 in the amount of $25.00, the assigned fee for the Bid specifications. Please mail 1 copy of Bid to the following address: MID ISLAND SALVAGE CORP. 1007 LONG ISLAND AVE. DEER PARK, NY 11729 ATTN: KATHY SCttROEDER Thank You, Kathy Schroeder MID ISLAND SALVAGE CORP. Printed On Recycled Paper STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that on the 17th day of October 1996, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971. Legal Notice, Notice to Bidders, Removal of Scrap Metal for calendar year 1997 from Disposal Area. Bid opening: 10:00 A.M., Thursday, November 7, 1996, Southold Town Clerk's Office. Sworn to before me this 17th day of October 1996. Notary Public HELLENE D, HORNE No. 4951364 ~ualifled in Suffolk County Commi~ion Ex~ire~ May Judith T. Terry Southold Town Clerk COUNTY OII~SU FFOLK STATE OF NEW YORK SS~ LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS, HEREBY GIVEN, in accordance with the provisions ofSecfion 103 afthe General Municipal Law, that sealed bids are sought and re- quested for the removal of Scrap Metal for calendar year 1997 from the Southold Town Disposal Area, Cutcbogue, New York. The~sealed bids will be re- ceived by the Town Clerk of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thurs-' day, November 7, 1996, at which time they will be publicly opened and, read aloud. Specifi- cations, a proposed contract for the execution of tbe work, and forms of proposal can be exam- ined at the Office of the Town Clerk, Town Hall, 53095 Main Road~ Southold, New York 11971. Proposal, must bc made upon and in strict accordance with ,the fqrm of proposal will have an accompanying copy office spoci- ficat/ons for said work and pro- posed agreement, and the same may be obtained, at the Office of the Southold Town Clerk upon payment of a foe of $25.00 (non- refundable). Any alterations of the form of the proposal will m- suit in the automatic rejection of thc bid,and forfeiture oftbe bid deposit. Proposals must be made and received upon the following con- ditions: Each proposal must be accompanied by the deposit nfs certified check payable to the order of the Town of Southold in the sum of $200.00, or a bond with sufficient sureties, condi- tioned that if the proposal is ac- cepted the successful bidder wilt enter into a contract for the work, and that he will furnish, within ten days from .the date of the ac- ceptance of the proposal, suitable surety as provided in the Speci- fications for the faithful and prompt performance and completion of the work speci- fied. All deposits except that of the successful bidder will be promptly returned and that of the successful bidder returned upon his providing the required surety. Upon acceptance of his bid, if the successful bidder fails to enter into a contract pursuan~to the requirements of the Towfl Board, or fails {o give the fur- ther soeuhty prescribed in the SpecifiCations within the' time limit herein, then the check de- posited as afor~aid and the mon- eys standing to the credit of same, will be forfeited to the Town as liquidated damages, or ifa bond has bgen presented in lieu of a certified check, then the penalty shall be enforced as liq- uidated damages. · All bids mUSt be marked "Bid for Removal[ of Scrap Metal," Patricia C. Lollot, being duly sworn, says she is the Production Coordinator, of the TRA\ ELER WATCHMAN, a public newspaper print~ at Southold, in Suffolk County; and that the m~ tice of which the annexed is a printed has been published in said Traveler Watchm;m once each week for / .................................................................. WO( k~ successively, commencing on the dayof ... ~t', ~_, i</~ Sworn to before me this ....... ...,~..~ .......... day ,:l Notary Public I~ARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. ustlfied ia Suffolk Counb, and must be signed and sealed in envelopes plainly addressed to the Southold Town Clerk, Sout~old Town Hall, 53095 Main Road, Southold, New York 11971. The Town Board of the Town of Southold reserves the right to reject any and all bids or parts thereof. The bid price shall not include any tax, federal, state, or local from which the Town of Southold is exempt. Dated: October 17, ! 996 JUDITH T. TER~. Y SOUTHOLD TOWN CLERK IX- 10/2-4/96(130) LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for the removal of Scrap Metal for calendar year 1997 from the Southold Town Disposal Area, Cutchogue, New York. The sealed bids will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, November 7, 3996, at which time they will be publicly opened and read aloud. Specifications, a proposed contract for the execution of the work, and forms of proposal can be examined at the Office of the Town Clerk, Town Hall, 53095 Main Road, Southold, New York 11971, Proposals must be made upon and in strict accordance with the form of proposal, which form of proposal will have an accompanying copy of the specifications for said work and proposed agreement, and the same may be obtained at the Office of the Southold Town Clerk upon payment of a fee of $25.00 (nonrefundable). Any alterations of the form of the proposal will result in the automatic rejection of the bid and forfeiture of the bid deposit. Proposals Each proposal must be made and received upon the following cotlditions: must be accompanied by the deposit of a certified check payable to the order of the Town of Southold in the sum of $200.00, or a bond with sufficient sureties, conditioned that if the proposal is accepted the successful bidder will enter into a contract for the work, and that he will furnish, within ten days from proposal, suitable surety as provided and prompt performance and completion All deposits except that of the returned and that of the successful the required surety. Upon acceptance of his bid, if the a contract pursuant to the requirements the date of the acceptance of the in the Specifications for the faithful of the work specified. successful bidder will be promptly bidder returned upon his providing successful bidder fails to enter into of the Town Board, or fails to give the further security prescribed in the Specifications within the time limit herein, then the check deposited as aforesaid and the moneys standing to the credit of same, will be forfeited to the Town as liquidated damages, or if a bond has been presented in lieu of a certified check, then the penalty shall be enforced as liquidated damages. All bids must be marked "Bid for Removal of Scrap Metal", and must be signed and sealed in envelopes plainly addressed to the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971. The Town Board of the Town of Southold reserves the right to reject any and all bids or parts thereof. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: October 17, 1996. JUDITH T. TERRY SOUTHOLD TOWN CLERK Page 2 - Bid - Scrap Metal PLEASE PUBLISH ON OCTOBER 2~I. 1996, AND AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Traveler:Watchman Town Board Members Town Attorney Solid Waste Coordinator Bunchuck Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board FORWARD ONE (1) TOWN CLERK, TOWN TOWN OF SOUTHOLD SPECIFICATIONS FOR TIlE SALE AND REMOVAL OF SCRAP METAL FROM SOUTItOLD TOWN DISPOSAL AREA AT CUTCHOGUE, NEW YORK FISCAL YEAR 1997 The following are the specifications for the removal of scrap metal from the Southold Town Disposal Area at Cutchogue, in the Town of Southold, County of Suffolk, New York, The provisions herein are to be deemed a part of the contract upon its being awarded to the successful bidder, 1. The Town of Southold intends, by these specifications, to seek proposals for the removal of scrap metal deposited by the public at the Town's Disposal Area located north of County Route qB, at Cutchogue, New York, during the period commencing January 1, 1997 and ending on December 31, 1997. To effectuate such removal, it is intended that the successful bidder (hereinafter referred to as the Contractor) will, at all times during the period specified, place conventional roll-off containers, or open top trailers at convenient locations at the site into which the public and Town employees at the site will deposit scrap metal. As such containers are filled the Contractor will be required to promptly remove them and replace them with empty containers, In addition, the Town reserves the right to haul scrap metal to the vendor, either occasionally or on a regular basis, using Town employees and a Town-owned truck aud trailer. The Town, therefore, also requests a bid price per ton, listed separately, for such scrap metal delivered to the vendor. 2. It is intended that when used herein, the term scrap metal is intended to include, but not be limited to, scrapped automobiles, trucks, trailers, refrigerators, and any and all articles composed essentially of metal, whether ferrous or non-ferrous. 3. The price set forth in the proposal shall be the amount per tot~ that the contractor will pay to the Town of Southold for scrap metal removed from the Town Disposal Area during the period commencing on January 1, 1997 and ending on December 31, 1997, Accordingly, proposals are to be submitted on the basis of price per ton of scrap metal removed from the Disposal Area. 4. It shall be the duty of the Contractor, at all times during the term of the contract, to provide a sufficient number of containers at the site available to receive all scrap metal deposited at the site. The Contractor shall also be required to maintain a telephone at which he may be contacted by the Town. The telephone number shall be filed in the office of the Solid Waste Coordinator. The Contractor shall remove filled containers and deposit empty containers within 24 hours of notice by the town. In the event that the Contractor fails to provide a sufficient number of containers, as a result of which scrap metal cannot be deposited in containers, the contractor shall be required to remove all scrap metal deposited within an area of 100 feet from the filled containers. 5. It is understood and agreed between the Contractor and the Town that, notwithstanding the terms and conditions contained herein, the Town of Southold, and its officers, and employees shall continue to have Page 2 - Specifications - Scrap Metal supervision and control of the Disposal Area and all activities conducted at such site. Accordingly, the Contractor, when conducting any work or activity at the Disposal Area, shall be subject to the orders of the Town of Southold, and its officers and employees in the manner in which the Contractor performs his work, including the location of the containers at the site. containing the 6. Pursuant to the U.S. Environmental Protection Agency's final rule under Section 608 of the Clean Air Act of 1990, the contractor must include with the bid notification of its intent to accept or not accept from the Town items with refrigerants, including refrigerators and air conditioners. If such items are accepted, the Contractor shall provide the Town separate bid prices for them. These prices must be shown as 1) the cost per item to be paid by the Town to the Contractor for removing the refrigerant, and 2) the price per ton paid by the Contractor to the Town for the value of such items as scrap. If such items are not accepted, the Contractor shall so indicate in its bid. In this case, should the Contractor be awarded the bid, the Town will agree, in writing, to not knowingly send the Contractor items refrigerants regulated under Section 608 (of the Clean Air i', Act). I, 7. The Contractor shall within ten (10) days from the date of the acceptance of his bid furnish a suitable performance bond in the amount I, ii of $1,000.00, conditioned upon the faithful and prompt performance and completion of the work specified herein. In lieu of such performance bond, the successful bidder may deposit cash or a certified check, made payable to the Town of Southold in the amount of $1,000.00, as security for the faithful and prompt performance and completion of the work specified herein. 8. Each bidder will be required to submit a sealed proposal (on the form provided by the Town) to the Town Clerk of the Town of Southold, Southold Town Hall, 53095 Main Road, Southold, New York 11971, for the work specified herein in accordance with the terms and conditions herein set forth. The Town reserves the right to reject any and all proposals, or parts thereof. 9. The successful bidder hereinafter called the Contractor, shall commence the work on January 1, 1997 and shall continue the work through December 31, 1997. k0. The Contractor shall indemnify and holder the Town of Southold harmless of and from any and all claims, damages and charges of every name and nature arising from the negligence or want of care of the Contractor or his agents and employees in the prosecution of the work. The contractor further agrees to provide and keep in force at his own expense during the term of this agreement, general liability policies of insurance in standard form protecting the Contractor and the Town of Southold against any liability whatsoever occasioned as a result of the work performed under this agreement. Such policies shall name the Town of Southold as an additional insured and are to be written by good and solvent Page 3 - Specifications - Scrap Metal insurance companies satisfactory to the Town Board in the amot~nt of $300,000.00 with respect to death or bodily injuries to any one person, $500,000.00 with respect to death or bodily injury in any one accident, and $25,000.00 property damage in respect to any one accident. The Contractor shall promptly furnish to the Town Clerk certificates showing that such insurance has been secured and maintained in force during the term hereof. 11. The Contractor, to whom the contract shall be let or awarded, is prohibited from assigning, transferring, sub-letting or otherwise disposing of the same or any part of the work called for by the same to any other person, company or corporation without prior consent in writing of the Town Board. 12. If at any time the town Board shall determine that the work is unnecessarily delayed or that the Contractor is willfully violating any of the conditions of the contract, or if the work be not fully completed within the time provided in these specifications, the Supervisor shall have the power to notify the Contractor to discontinue all work or any part thereof, by a written notice to be served upon the contractor, either personally or by leaving said notice at his residence or with his agent in charge of work, and thereupon the contract shall be deemed terminated and the Contractor shall discontinue all work, and the Town Board shall thereupon have the power to employ such other persons as it may deem necessary, by contract or otherwise, to complete the work herein described. In the event of the termination of the contract as herein provided, the Contractor shall within ten (10) days of the service of such notice, remove all containers and other equipment owned by him from the site. If the Contractor shall fail lo remove the same within the time specified, the same shall become the property of the Town of Southold. In the event of the termination of the Contract as herein provided, all sums theretofore paid to the Town by the Contractor shall become the property of the Town, and the Contractor shall have no claim thereto, or any part thereof. 13. The Contractor shall exercise due care in the performance of the work, both in the handling of tl~e containers and in the transportation of them to and from the site. The Contractor shall clean up any unsightly condition caused by carelessness on the part of his employees in handling the scrap metal or caused by falling from vehicles during transportation. 14. The Town may notify the Contractor of any unsightly conditions caused during transportation. If the Contractor fails to correct such conditions within twenty-four (24) hours after such notice, the Town may appoint a suitable party to perform such work and charge the Contractor for such expense, which shall be paid by the Contractor within ten (10) days of the submission of such statement of charges. DATED at Southold, New York, October 17, 1996. JUDITH T. TERRY SOUTHOLD TOWN CLERK PROPOSAL To the Town Board of the Town of Southold, Suffolk County, New York: In accordance with the Notice to Bidders, dated October 17, 1996, inviting proposals for the Removal of all Scrap Metal deposited at the Southold Town Disposal Area located north of County Route 48, at Cutchogue, New York, during the period from January 1, 1997 through December 31, 1997, and subject to all the conditions and requirements of the specifications, the undersigned proposes to furnish all the labor and tools, equipment and conveyances for the said work and to fully and completely perform the same in accordance with such Notice to Bidders, Specifications, and Form of Contract, and to the satisfaction of the Town of Southold for the following price: A. Bid for Fiscal Year 1997 is $ per ton removed by the Contractor, which is to be paid to the Town of Southold. B. Bid for Fiscal Year 1997 is $ per ton delivered to the Contractor, wbich is to be paid to the Town of Southold. (If the Contractor will not do not complete this part.) C. Bid for Fiscal Year 1997 removed by the Contractor is $ by the Town of Southold, and $ accept items containing refrigerants, fo r items containing refrigerants if per item, which is to be paid per ton for the value of such items as scrap to be paid to the Town of Southold. D. Bid for Fiscal Year 1997 for items containing refrigerants if delivered to the Contractor is $ per item which is to be paid by the Town of Southold, and $ per ton for the value of such items as scrap to be paid to the Town of Southold. If this proposal shall be accepted by the Town Board, and the undersigned shall fail to execute the contract, or fails to file the required bond or other security, then the said Town Board may, at its option, determine that the undersigned has abandoned the Contract, and thereupon his proposal shall be returned to the undersigned. Attached herewith is a certified check or proposal bond for the sum of Two Hundred Dollars ($200.00) in accordance with the conditions stipulated in the specifications. By submission of this bid or proposal, the bidder certifies that: (a) This bid or proposal has been independently arrived at without collusion with any other bidder or with any competitor or potential competitor; (b) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids or proposals for this project, to any other bidder, competitor or potential competitor; (c) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal; Page 2 - Prop~osal - Scrap Metal (d) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties of perjuryf affirm the truth thereof, such penalties being applicable to the bidder as well as to the person signing in its behalf; (e) That attached hereto (if a corporate bidder) is a certified copy of a resolution authorizing l~he execution of this certificate by the signator of this bid or proposal on behalf of the corporate bidder. By submitting this proposal, the under signed understands and agrees that the Town Board reserves the right, in its absolute discretion, to accept or reject any and all proposals. IN WITNESS WHEREOF, the undersigned has herewith set his (their) name in full, together with his (their) residence address, this day of , Signature Title Firm or Corporation Address Telephone Number -2- CERTIFIED COPY OF RESOLUTION AUTHORIZING THE EXECUTION OF NON-COLLUSIVE BIDDING CERTIFICATION ON BEHALF OF CORPORATE BIDDER be RESOLVED that (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following project: Removal of Scrap Metal from the 5outhold Town Disposal Area, Cutchogue, New York, and to include in such bid or proposal the certificate of non-collusion required by Section 103-d of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or misstatements in such certificate of this corporate bidder shall be liable under the penalties of perjury. The foregoing copy is a true and correct copy of the resolution adopted by corporation at a meeting ef its Board of Directors held on day of 1996. Secretary (Seal of the Corporation) NON-COLLUSIVE BID CERTIFICATE !i 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) (Corporate Title) (if any) Bid on REMOVAL OF SCRAP METAL - 1997 AGREEMENT THIS AGREEMENT, made and entered into this day of 1996, between the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its principal office at 53095 Main Road, Southold, Suffolk County, New York, hereinafter called the "Town", and a domestic corporation of the State of , having its principal office at party of the second part, hereinafter called the "Contractor". WITNESSETH: In consideration of the covenants and agreements hereinafter contained, the Contractor agrees to furnish all equipment, materials, implements, and incidentals and to furnish all labor to do all the work required for the Removal of Scrap Metal from the Southold Town Disposal Area at Cutchogue, New York, all as provided in the Specifications and Notice to Bidders therefor on file in the Southold Town Clerk's Office, and the terms and conditions of this Contract, for the period from January 1, 1997 through December 31, 1997. In consideration of which the Contractor and the Town agrees to tl~e following: A. The Contractor shall pay to the Town $ per ton for scrap metal removed by the Contractor. B. The Contractor shall pay to the Town $ per ton for scrap metal delivered to the Contractor. C. The Town shall pay to the Contractor $ per item for items containing refrigerants removed by the Contractor, and $ per ton for the value of such items as scrap to be paid to the Town. D. The Town shall pay to the Contractor $ per item for items containing refrigerants delivered to the Contractor, and $ per ton for the value of such items as scrap to be paid to the Town. The foregoing shall be upon the following terms and conditions which the parties do mutually covenant and agree, to wit: 1. The Specifications, Notice to Bidders and Contractor's Proposal are intended to be and are hereby made a part of this Agreement as though set forth in full herein, 2. All the applicable provisions of the Labor Law of the State of New York shall be adhered to by the Contractor as to the labor under this Agreement. 3. The Contractor further agrees to secure and furnish and keep in force during the term hereof compensation and disability insurance for the benefit of the Contractor's employees engaged in the work to be Page 2 - Agreement - Scrap Metal performed under the provisions of the Laws of the State of New York affecting the same, and this Contract shall be null and void and of no effect if the contractor shall fail to secure and furnisll compensation and disability insurance covering the Contractor's employees engaged in the work provided for in this Agreement. The Contractor shall promptly furnish to the Town Clerk of the Town of Southold certificates showing that such insurance has been secured and remains in effect durin9 the term of the Contract. 4. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to have been inserted, then upon the application of either party, this Contract shall be physically amended forthwith to make such insertion. 5. It is further expressly understood and agreed that the Contractor shall comply with all applicable laws and regulations of all governmental agencies and shall obtain any and all required permits and/or authorizations in the performance of the work. 6. Liability and Indemnification. Contractor agrees to indemnify, defend and hold harmless the Town against any and all liability, loss, damage, suit, claim, demand, cost, charge and attorneys fees of whatever kind arising out of a third party action or claim which the Town may directly or indirectly incur by reason of the Contractor's negligence in carrying out or performing the terms of this out the terms of the Agreement. IN WlTNFSS WHI:REOF, the respective this Agreement and cause same to be signed Agreement or failing to carry parties hereto have executed by the proper officer of the respective parties and their respective seals affixed, the day and year first above written. (SEA L) (SEA L) TOWN OF $OUTI-IOLD Jean W. Cochran, Supervisor CONTRACTOR Page 3 - Agreement STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On this day of 1996, before me personally came J£AN W~ COCHRAN, to me known, who being by me duly sworn, did depose and say that she resides at Boisseau Ave.,Southold, New York, that she is the Super¥isor of the Town of Soulhold, the municipality described in and which executed the foregoing instrument; that she knows the seal of said Town; that the seal affixed to said instrument is such Town Seal; that it was so affixed by order of the Town Board of the Town of Southold, and that~ne signed her name thereto by like order. Notary Public STATE OF NEW YORK) SS: COUNTY OF On this day of 1996, before me personally came to me personally known, being by me duly sworn, dld depose and say that he resides at · that he is the of the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that he signed his name thereto by like order. Notary Public