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HomeMy WebLinkAboutRecycled Cardboard ...._ . .y.s ..er.. AM JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. BOX 1 179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 23, 1991 Suffolk Industrial Recovery Corp. d/b/a PK Metals 3542 Route 112 Coram, New York 11727 Gentlemen: The Southold Town Board, at their regular meeting held on May 21, 1991 , rejected all bids received on April 25, 1991 for Recycled Cardboard, Recycled Glass, Recycled Plastic, and Recycled Tin and Aluminum Cans. It has come to the attention of the Town Board that in accordance with the State Law, municipalities are not reqired to put for competitive bid the sale of recyclable materials. Thank you for submitting your bids for Recycled Cardboard, Recycled Separated Glass, and Recycled Plastic. I am returning herewith your three (3) checks, each in the abount of $200.00, which were submitted as a bond with your bid. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (3) 6 0 VOL JUDITH T. TERRY L Town Hall, 53095 Main Road z P.O. Box 1179 TOWN CLERK p T REGISTRAR OF VITAL STATISTICS Southold, New York 1 1971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 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 MAY 21, 1991 : RESOLVED that the Town Board of the Town of Southold hereby rejects all bids received on April 25, 1991 for the following: Recycled Cardboard, Recycled Glass, Recycled Plastic, Recycled Tin and Aluminum Cans, whereas it has come to the attention of the Town Board that in accordance with the State Law, municipalities are not required to put out for competitive bid the sale of recyclable materials, "the courts have stated that municipal officials have a fiduciary duty to secure the best price obtainable in their judgment or the most beneficial terms in the public interest: Recycled Cardboard - PK Metals Recycled Separated Glass: PK Metals Recycled Plastic - PK Metals Recycled Tin and Aluminum Cans - Gershow Recycling Corp. North Fork Sanitation Service 411 Judith T. Terry Southold Town Clerk May 22, 1991 New York State Department of Economic Development , Office of Recycling Market Development 45 Executive Drive Plainview, New York 11803 516 349-1266 FAX: 516 349-1391 April 3 0;" Honorable Scott Harris Town of Southold Town Hall, Main Road Southold, NY 11971 Dear Mr. Hp�r i s Enclosed please find a copy of the Comptroller's ruling with regard to the sale of surplus property, or in this case recyclable materials. I have also included a letter written in response to an inquiry from the Town of Cortland back in 1979 regarding this exact issue. Both the letter and Opinion No. 86- 78 clearly state that a given municipality does not have to put out for competitive bid the sale of recyclable materials. See paragraph two on page 125 which says, "the courts have stated that municipal officials have a fiduciary duty to secure the best price obtainable in their judgment or the most beneficial terms in the public interest. " As you know there is precedence on Long Island for negotiating directly with vendors to buy recyclable materials, as both Islip and North Hempstead have used this practice. If I can be of any further assistance on this issue don't hesitate to call me. Please keep me posted as to how the Town Board receives this advice. Thanks again for the "grand tour" yesterday. I was pleasantly surprised to see how successful Southold has been to date. Keep up the good work! Finally, I look forward to working with Jim Bunchak in the area of identifying new market opportunities for the East End. I am confident that we can help improve the prices paid to the Town for certain materials. Sincerely, Edward C. Campbell encl. Market Development Specialist Recycled Paper r► �' 0 V 78 OPINIONS OF THE STATUMOLLER 124 l r-es government, shall not be applicable to the county, unless a contrary intent is expressly stated in this chapter."(Also, we County Law, §1001[3].) Thus, if a county hay adopted a charter form of government, it may adopt local laws superseding the provisions of County Law unless the provision of the County Law in question expressly provides that it may not be superseded (,Long Island Liquid Waste Association, Inc, v Cass, 115 AD2d 710, 496 NYS2d 527 app damd 67 NY2d 870, 501 NYS2d 664), Although County Law, §201 states that it shall apply notwithstanding any other general or state statute to the contrary, it does not contain Mof intent with regard to local laws adopted by a county having an altterennaat ve form of government (ef: County Law, §$76121 which provides that the mandatory provisions of Article 7 of the County Law shall apply 'notwithstanding the provisions of this chapter or of any general, special or local law. , .'I. Accordingly, since County Law, §201 does not contain such an expression of intent, we conclude that a charter county is authorized to adopt a local law authorizing it to pay the attorney registra- tion fee in behalf of members of the law dopartment as part of their total compensa- tion. We note, however, if the county attorney and/or,his deputies are appointed for fluted terms and the local law providing for the payment of the registration fee would have the effect of increasing their compensation during their term of office, the local law would be subject to permissive referendum (Municipal Home Rule Law, §2412)), November 24, 1986 Edgar Plummer, County Comptroller Broome County Opn No. 86,78 PERSONAL PROPERTY—Disposition(procedure for sale of UkMeeded town high- way equipment) CONFLICTS OF INTEREST — Exceptions (contracts with not-for-profit corpora. tion) HIGHWAY LAN, §142(5), TOWN LAW, §64(2-a):A town has the discretion to Bell unneeded, worn out or obsolete highway equipment, machinery, tools and implements by public auction, competitive bidding or private negotia- 602L The method chosen should be the out which will brig the befit price or the most beneficial terms• GENERAL MCINICIPAL LAW, H 802(I)(f), 803(1); Under an exception to con• flict of interest principles, a town board member who is an officer of an incorporated volunteer lire company does not have a prohibited interest in A contract between the town and the fire company to provide Are protec- tion for a fire protection dlaulct in the town. However, he would have to disclose the interest to the town board. You have inquired about the proper procedures for the sale of surplus town highway machinery and other surplus town property. You also ask whether a prohibited con- flict of interest arises when a town board member is an officer of the incorporated volunteer fire company that contracts to provide fire protection to the town are protec- tiou district, Pursuant to Town Law, §64(2•a), a town board is authorized to "take, purchase, lease, ,sell and dispose of personal property as the purposes of the town require." Highway Law, $1.12(5) specifically authorizes the town highway superintendent, with f 125 OPINIONS 4VE STATE, COMPTROLLER 6F ?8 ti-se , town.board approval, to sell unneeded, worn out or obsolete machinery, tools, imple- ments and equipment. Neither Town Law, §64(2-a), Highway Law, §142(5) nor any other sttctute prescribes a procedure for the sale of unneeded town personal property. Thus, there is no statutory mandate that such property be sold only after public advertisement for sealed bids (cf. General Municipal Law, §103 requiring competitive bidding for town purchases and contracts for ;public work involving expenditures in excess of$5,000 and $7,000, respectively). in describing a municipality's responsibility when selling unneeded property in situ- ations when competitive bidding is not required,by statute, the courts have stated that municipal officials have a fiduciary duty to secure the best price obtainable in their judgment or the most beneficial terms in the public interest (Ross v Wilson, 308 NY 605; Orelli v Ambro, 41 NY2d 952,394 NYS2d 636;New City v Flagg, 111 AD2d 814, 490 NYS2d 56, affd 66 NY2d 980, 499 NYS2d 395;11ferritt v Gallagher, 96 AD2d 933, 466 NYS2d 381). The method chosen for the sale by a town is within the sound discretion of the town board or the highway superintendent, subject to board approval, as the case may be. However, in order to fulfill the fiduciary duty, the method of sale adopted should be the one which it is thought will bring the beat price or maximum financial benefits and may include sale by either auction, private negotiation or com- petitive bidding (Merritt, supra.). With regard to the potential conflict of interest of the board member who is a fire company officer, we note intially that Article 18 of the General Municipal Law con- tains provisions relative to conflicts of interest of municipal officers and employees. Under Article 18, municipal officers or employees are deemed to have an interest in the,contracts of a corporation of which the municipal officer or employee is an officer (General Municipal Law, §800[3), [cl). 'Therefore, a town board member, who is alsc an officer of an incorporated volunteer fire company, has a statutory interest in a contract between the town and the fire company of which he is an officer. General Municipal Law, §$Ol sets forth certain powers and duties which, if pos- sessed by a municipal officer or employee, makes an interest in a contract prohibited. Generally, a town board member's interest in a contract with the municipality woulc be prohibited since a town board member has the power or duty to (1) negotiate prepare, authorize or approve the contract or authorize or approve payment thereun• der, (2) audit bills or claims under the contract, or (3) appoint an officer or employee who has any such powers or duties (General Municipal Law, §$01[l]). However, Gen. eral Municipal Law, §802(1)(f) creates an exception to the eonlliet of interest prohibi• tion for contracts between the municipality and a membership corporation or other voluntary non-profit corporation or assoeiat.ion. By virtue of this exception, a town board memb+r would not have a prohibited interest in a contract between the town and the volunteer fire company which provides fire protection to a fire protection district in the town, where he is an officer or member of the company (1979 Opna S Comp No. 79.445, unreported; 33 Opns St Comp 1977, p 75; 1975 Opas St Comp No 75-381, unreported; see Not-For-Profit Corporation Law, §1402). Nevertheless, he ha, a statutory interest which, pursuant to General Municipal Law, §803(1), must b, disclosed in writing to the town board and made a part of the official record of th, board. We note that the town's code of ethics should be consulted to ascertain whether i contains any provisions which are wore restrictive than Article 18 and which may b, pertinent. r.lao, although the coaaflict of interest statutes do not roquire the boars member to :abstain from voting on the contract, the town board member may wish t( consider abstaining from voting on issues impacting on the fire protection contract Recent sour[ cases have required municipal officials to disqualify themselves fron voting in certain situations which, while not technically constituting violations c Article 18, suggest self-interest, partiality or economic impropriety (e.g. Zagoreos Conklin, 107 AD2d 281, 491 NYS2d 358; Conrad v Hinman, 122 Misc 2d 531, 47 NYS2d 521). &79 OPINIONS OF TIM STAT#MpMOLLER 126 11-86 Finally, although not mentioned in your letter of inquiry, a furthor issue may e2dst concerning the compatibility of the positions of town board member and fire company officer. Pursuant to an informal agreement with the Department of Law, this Office no longer renders opinions on matters which relate to the compatibility of public ofEces. Therefore, we suggest that your town attorney write directly Law if you wish to seek an opinion on this issue. W the Department of November 25, 1986 Suzanne Yaple, Town Supervisor Town of Caroline Opn No. 86-79 TOWN CLERK Deputy(manner of compensating) TOWN LAW, H 27(1), 30(10); I1iUNICIPAL HOME RULE LAW, $ 10(1)(ii)(d)(3): A town array adopt a local law providing that Its deputy clerk will be Paid au hourly Or per diem ac baeie only to those instancem where the deputy actually eervea in the stead of the town clerk. You have inquired about the manner in which the town board may compensate the deputy town clerk for service Performed during a three weak period while the town Clark was on vacation. You have informed us that the deputy clerk does not work in the clerk's office during the year; that the three week period was the first time she has performed active service; and that the annual budget does not include an appropria- tion for the office of deputy town clerk. Section 30(10) of the Town Law, pertaining to the office of deputy town clerk, states that Ialny such deputy shall serve without compensation froul the town, unless other- wise provided by the town board." The payment of compensation to town officers and employees is governed by section 27(1) of the Town Law which provides. in part, as follows: "1. The town board shell fix, from time to time, the salaries of all officers and employees of said town, whether elected or appointed, and determine when the Same shall be Payable. " * *" Section 27 further requires that town officers and employees be compensated by an- nual salary except that laborers, clerical assistants and stenographers may be compen- sated on an hourly or daily basis(subdivision [11)said police effacers,special policemen and constables of a towb without an established police department may be paid by the week, day or hour (6ubdivision [21). A town may, however, adopt a local law to super- sede Town Law, $27(1) and authorize the compenzation of an appointive town officer in a manner other than by annual salary(1980 Opps St Comp No. 80.356,p 108; 1979 Opna St Comp No. 79-856, p 192). Thus, Pursuant to Town Law, §27, a town board which chooses to compensate its deputy town clerk must do so by the payment of an annual salary unle-m it has adopted a local law providing for a different manner of compensation (eg., weekly, daUy or hourly). We note that the fart that the deputy town clerk for your tovm serves only in the abrience of the town clerk would not prerlude the town board from establishing an annual salary for the office of deputy clerk (see 1981 Opns St Comp No. 81-371, p 408). Of course, any �ry reed by the board for that office would preallmably reflect the nature and extent of the duties expected to be performed. Alternatively, as noted �°ve, if the town board wiahes to pay the deputy clerk only in those inataulees where 1 JON ,i�6„'90 10:01 NYS OSC ALBANY p,3 TOwN YAW, 1§64(6). 221 i OMMAL WIC IFAL LAW X103: A town UY contract for the sale and delivery of recyclable newspaper to a private raicycling firm. Such & contract Would nOL be subseot to at "Fumbled iodw the Freedom of lnfwmatisn L&*. No o0inisn has not boon mviewed and may not r*Reat subspuant court declsioru at, itututoy ehsnow peileihiryl to thew oet matter ar the etriniot► w current polkyt of the Was of 1M Stat*Cefflpoieilx. March 280 1979 79-146 :Www a. Eben Zr1 q Deputy Town Attornsy To of Cortlandlt a0” g. Min Street Peekat:ill, New York 10566 Has Toms of Cortlandt ?sear Vrf gbera s This is in reply to your letter of xeebruary 23, 19?'9 con. ooerning a newspaper r•oyoling program maintained byy a town depart- mont q sanitation. The town proposal to Ontsr into a etontz%qt with a► private aontracUr w4sr which the town agxeml to $04 ( and deliver to the contractor all rtayclabla newspaper collovtad by the town ter a period of li" yyears, ranaxabl.e for owe addi-, tioml year, You ask whether au cls a oontraot is Subijeect to thes compatitiva bidding procedures of aeration 103 of the General i&nioipal jAw and, it so whether the town's director of purchas. ing or thea superintendent or the town department of sanitation would administer the bidding procedures and the prolr" itself. In op. Stata Comps. No. 72.•694, 1972, ujireportad, we Qonaludet that a "ruse and garnalla diotrict, pursuant to its authority to or ides r �ha collocation and disposition of waste atatter own09� my engage in a racfclia$ program whereby the distriat would piak up solid waste grouplArs, such as bundled paper, trwwport: ttlsm td proceasing facilities or defilers and rectIVO teas for such seridcoa. Siaailarly, a town, under its authority to provide for the collection and disposition aC garbagoa aahea, rubbish and other waste "tter (Town Law, X221), me.;/ a,ngago in a newspaper recycling Program such as the Ona you Prapo:;a. ,.JyJ .26. '90 10:02 NYS OSC ALBANY P.4 r ` I Q9+-146 It is our opinion that a'ovntract under vhioh a town &great ,to sell saw deliver to 'e private aontrUtor all the reoyclable bidd�rs Whieh it oolteets would not be subject to oompetitiVI ftquirements. Section 103 or the general. Munialpal IAw statas that all con- tracts for public works involving an oxnenditurs at more than 1000 W14 purchase contracts involving an expenditure of More than 000 shall be awarded pursuant to competitive bidding procedures. OW Vi*M, a ooatrAot fOr the salv.,by a town of recyclable ;agers does not fit within either aatevey.� � ' t Newspspsrs collected by the tom take on thm nature of town ; personal property, and a contract for the sale thereot should be viearod simply as a salty of unneeded personal property by the Loan. Such a awls may be Acoompl.ishad with or witboat: &dvsrtiains for bids (lit op. Starts Compt:. 408, 19581 3 f?g. Stats coapt. 513., 1947')• Wer section 41-aL of the Town Law,# a director of purchasing ooki 'all purchases and all contraots for supplies, materials and TThe contract in thin inssttance Isronemfornthe saieatotown psrsonaiW property aAd, therefore r dors not fall within—V9 authOrity of the director of purch"ing. The town board is authorized to ,award, and the eUpervisor to axeautei the contract (Town Law# MlUrly, the diroator of purchasing would have no authority to adminiater the moyali.ng program. This would initiBlly fAll within the to= board's general power to collect and dispose of waste matters although the board could dolagate tho AdministRrativs duties to the superintendant of the town's department of aani.ti.- tion. We trust that the above wi"11 be of aASiatssnce to YOU. very truly youtu, MARD V. MAN Btata pamptroZlex " By Konneth r. Urtma'n nasoaiat• cour�nel ' i ,JUDITH T. TERRY Town Hall, 53095 Main Road 'TOWN CLERK P.O. Box 1179 SI.(;ISTRAR OF VITAL STATISTICS Southold, New York 11971 'I NRRIAaE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 25, 1991 Dear Ray: At 11 :00 A.M. bid opening time today, there were only two (2) bids received, both for tin and aluminum cans: Schelin S Gershow. There was a representative from Gershow present at the opening. At 11 :10 A.M. a lady representing P.K. Metals appeared, who said she had been lost within the Town Hall for the past 10 minutes, and she was very annoyed when she found the bid opening was over. She had a bid for each category. refused to accept her bid for tin and aluminum cans. It would have been illegal to accept it after the opening was concluded. However, since we had not received bids for plastic, glass, and cardboard, I accepted those bids and opened them at that time. I just thought you should be made aware of all this should anyone have any questions. cc: J. Bunchuck P.S. Please advise what action you wish me to take with respect to resolutions to accept any of the bids. Thank you. PROPOSAL To the Town Board of the Town of Southold, Suffolk County, New York: In accordance with the Notice to Bidders dated April 5, 1991 inviting proposals for the Removal of all baled cardboard deposited at the Southold Town Landfill Site located north of County Route 48, at Cutchogue, New York, during the period commencing from the awarding of the bid to December 31, 1991, 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 remaining Fiscal Year 1991 : $ 10 . 00 per ton removed, which is 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; (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 resolution authorizing the execution of this certificate by the signatory of this bid or proposal on behalf of the corporate bidder. By submitting this proposal, the undersigned understands and agrees that the Town Board reserved 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 25 day of npx-_j 1991 . Signature 4P?-- Title President Suffolk Industrial Recovery Corp. Firm or Corporation (i /,h/.q pu Mar @ 1 s Address 35 2 Romp 112 Coram, New York 11727 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 material, 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) President Bid on: Removal of Cardboard CERTIFIED COPY OF RESOLUTION AUTHORIZING EXECUTION OF NON-COLLUSIVE BIDDING CERTIFICATION ON BEHALF OF CORPORATE BIDDER RESOLVED that Suffolk Tndt�Str; al RPt�nt�Pry (Name of Corporation) ` be authorized to sign and submit the bid or proposal of this corporation for the following project: Removal of cardboard from the Southold Town Landfill Site at 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 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 S. I .R. corporation at a meeting of its Board of Directors held on the 24 day of April 1991 . Secretary (Seal of the Corporation) $25.00 NONREFU*kBLE FEE TO OBTAIN SPECIFNETIONS BID - REMOVAL OF CARDBOARD FROM LANDFILL BID OPENING: 11 :00 A.M., Thursday, April 25, 1991. _/18/91 1. P.K. Metals, Rt 112, Coram NY 732-6403 !/19/91 2. Island Recycling Corp. , 228 Blydenburgh Rd. , Central Islip, NY 11722 234-7100 3. 4. 5. 6. COUNTY OF SUFFOLK STATI- 01= NEW YORK LEGAL NOTICE NOTICE TO BIDDERS FOR REMOVAL OF CARDBOARD Patricia Wood,- being duly sworn, says that she is the FROM THE SOUTHOLD Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, TOWN LANDFILL SITE NOTICE IS HEREBY GIV- a public newspaper printed at Southold, in Suffolk County; EN that sealed bids are sought and that the notice of which the annexed is a printed copy, and requested for the removal of IUS I)MI ,pubIiS1lCd in Said Long Island I raveler-Watchnlan cardboard by the Town of Southold, according to once each week for . . . . . . . . . . . . . . . . . . . . �. . . . . weeks specifications and a contract to be let by the Town Board of the successively, commencing on the . . . . . . . . f. . . . . . . . . . Town of Southold. The sealed proposals will be received by the Town Clerk of d a z.:/. 1 19 / the Town of Southold at the Southold Town Clerk's Office, ff Town Hall, Main Road, 4 Southold,New York,until 11:00 A.M.,Thursday,April 25,1991, and will be considered publicly at such time and place. Specifications,a proposed con- tract for the execution of the Sworn to before tile this . . . . . . . . . . . . . . . . . . . . . day of work, and forms of proposal can be examined at the Office of � a the Town Clerk, Town Hall, " " " " " " I Main Road, Southold, New York. Proposals must be made upon and in accordance with the form of proposal, which form . . , . , , , , . . , , , , . , of proposal will have an accom- panying copy of the specifica- Notary Public tions for said work and propos- BARBARA A. SCHNEIDER ed agreement and the same may NOTARY PUDLIC, St^te of New York be obtained at the Office of the No. 49,0f846 Southold Town Clerk at the Qualifier] in Suffolk Coymy Town Hall, Main Road, Upon acceptance of his bid, Commission Expires F 3/ /17 Southold,New York,upon pay- if the successful bidder fails to ment of a $25.00 (non- enter into a contract pursuant to refundable) fee. the requirements of the Town Proposals must be made and Board,or fails to give the fur- received upon the following ther security prescribed in the conditions: Specifications within the time Each proposal must be ac- limit herein, then the check companied by the deposit of a deposited as aforesaid and the certified check payable to the moneys standing to the credit of order of the Town of Southold same shall be forfeited to the in the sum of$200.00,or a bond Town as liquidated damages,or with sufficient sureties,to be ap- if a bond has been presented in proved by the Town Board, in lieu of a certified check,then the the penal sum of$200.00, con- penalty shall be enforced as li- ditioned that if the proposal is quidated damages. accepted the successful bidder All bids must be marked"Bid will enter into a contract for the for Removal of Cardboard," work, and that he will furnish, and must be signed and sealed within ten (10) days from the in envelopes plainly addressed to date of the acceptance of the the Southold Town Clerk, proposal,suitable surety as pro- Southold Town Hall, Main vided in the Specifications for Road, Southold, New York the faithful and prompt perfor- 11971. mance and completion of the The Town Board reserves the work specified. right to reject any and all bids All deposits except that of the or parts thereof. successful bidder will be pro- Dated: April 5, 1991 mptly returned and that of the JUDITH T. TERRY successful bidder returned upon SOUTHOLD TOWN CLERK his providing the required surety. 1X-4/11/91(80) LEGAL NOTICE NOTICE TO BIDDERS STATE OF NEW YORK) + FOR REMOVAL OF CARDBOARD FROM THE )SS: SOUTHOLD TOWN COUNTY OF SUFFOLK) LANDFILL SITE NOTICE IS HEREBY GIVEN that �y��o sealed bids are sought and re- 'V C� of Mattituek, in quested for the removal of card- said County, being duly sworn,says that he/she is Principal board by the Town of Southold, according to specifications and acon- Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, tract to be let by the Town Board of published at Mattituek, in the Town of Southold, County of the Town ofSuffolk and State of New York and that the Notice of which The sealedd pro propoo sals will be re- , ceived by the Town Clerk of the the annexed is a printed copy,has been regulapublished in Town of Southold at the Southold said Newspaper once each week for Town Clerk's Office, Town Hall, weeks Main Road,Southold, New York, SU ceSSively, commencing on the day of until 11:00 A.M..Tuesday,April 2S- �Q 1g n, IM and will be considered publicly at such time and place.Specifications, a proposed contract for the execution of the work,and forms of proposal % d can be examined at the Office of the ! Town Clerk,Town Hall,Main Road, ,r r Southold,New York. Prine- el e k t Proposals must made upon and in accordance with the form of pro- posal, which form of proposal will - have an accompanying copy of the Y// specifications for said work and pro- Swom to be f me this _ posed agreement and the same may be obtained at the Office of the day of 1 Southold Town Clerk at the Town Hall,Main Road, Southold,New York, upon payment of a $25.00 (non-refundable)fee. Proposals must be made and re- ceived upon the following conditions: Each proposal must be accompa- nied 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,to be approved by the Town Board, in the penal sum of$200.00, 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(10) days from the date of the acceptance of the proposal,suitable surety as pro- vided in the Specifications for the faithful and prompt performance and completion of the work specified. All deposits except that of the suc- cessful 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 pursuant to the requirements 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 shall 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 Cardboard",and must be signed and sealed in envelopes plainly addressed to the Southold Town Clerk, Southold Town Hall, Main Road, Southold, New York 11971. The Town Board reserves the right to reject any and all bids or parts thereof. Dated:April 5,1991. JUDITH T.TERRY SOUTHOLD TOWN CLERK 7009-1 TA 11 r + 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 5th day of April 1991 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 for Removal of Cardboard from the Southold Town Landfill Site. Bid opening: 11 :00 A.M. , Thursday, April 25, 1991 , Southold Town Hall. Judith T. Terry Southold Town Clerk Sworn to before me this 5th day of April 19 91 Notary Public JOYCE M.WILKINS Notary Public.State of New York No.4962246,Suffolk County Term Expires June 12,19= 1 � • LEGAL NOTICE NOTICE TO BIDDERS FOR REMOVAL OF CARDBOARD FROM THE SOUTHOLD TOWN LANDFILL SITE NOTICE IS HEREBY GIVEN that sealed bids are sought and requested for the removal of cardboard by the Town of Southold, according to specifications and a contract to be let by the Town Board of the Town of Southold. The sealed proposals will be received by the Town Clerk of the Town of Southold at the Southold Town Clerk's Office, Town Hall, Main Road, Southold, New York, until 11 :00 A.M., Tuesday, April 25, 1991 , and will be considered publicly at such time and place. 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, Main Road, Southold, New York. Proposals must be made upon and in 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 at the Town Hall, Main Road, Southold, New York, upon payment of a $25.00 (non-refundable) fee. Proposals must be made and received upon the following conditions: Each proposal 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, to be approved by the Town Board, in the penal sum of $200.00, 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 (10) days from the date of the acceptance of the proposal, suitable surety as provided in the Specifications for the faithful and prompt performance and completion of the work specified. All deposits except that of the successful bidder will be promptly returned and that of the successful bidder retuned upon his providing the required surety. Upon acceptance of his bid, if the successful bidder fails to enter into a contract pursuant to the requirements 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 shall 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. 1 Page 2 - Bid - Cardboard All bids must be marked "Bid for Removal of Cardboard", and must be signed and sealed in envelopes plainly addressed to the Southold Town Clerk, Southold Town Hall, Main Road, Southold, New York 11971 . The Town Board reserves the right to reject any and all bids or parts thereof. Dated: April 5, 1991 . JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, APRIL 11, 1991 , AND FORWARD ONE (1 ) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971 . Copies to the following: The Suffolk Times The Traveler-Watchman Town Board Members Town Attorneys Commissioner of Public Works Jacobs Asst. Supt. of Public Works Bunchuck Town Clerk's Bulletin Board Dodge Reports Brown's Letters TOWN OF SOUTHOLD SPECIFICATIONS FOR THE REMOVAL OF CARDBOARD FROM SOUTHOLD TOWN LANDFILL SITE, CUTCHOGUE, NEW YORK FISCAL YEAR 1991 The following are the specifications for the removal of baled cardboard from the Southold Town Landfill Site at Cutchogue, in the Town of Southold, County of Suffolk, New York. The provisions hereof 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 cardboard deposited by the public at its Landfill Site located North of County Route 48 at Cutchogue, New York, during the period commencing upon awarding of the bid and ending on December 31, 1991 . 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 containers (8 ft. by 30 ft. steel trailer bodies) at convenient locations at the site into which the public and Town employees at the site will deposit cardboard. Town employees will bale such cardboard. Bales will range in size up to 30 inches by 48 inches by 60 inches. The Contractor agrees to remove the cardboard bales at least once each week. 2. The price set forth in the proposal shall be the amount that the Town of Southold will be paid by the Contractor for all cardboard removed from the Town Landfill Site commencing upon the awarding of the bid through December 31, 1991 . Accordingly, proposals are to be submitted on the basis of weight ($ per ton) of cardboard removed from the landfill. 3. 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 cardboard deposited at the site. The Contractor shall also be required to maintain a telephone by which he may be contacted by the Town. The telephone number shall be filed in the office of the Highway Department. 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 cardboard cannot be deposited in containers, the Contractor shall be required to remove all cardboard deposited within an area of 100 feet from the filled containers. 4. 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 supervision and control of the Landfill Site and all activities conducted at such site. Accordingly, the Contractor, when conducting any work or activity at the Landfill Site, 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. 5. The Contractor shall within ten ( 10) days from the date of the acceptance of his bid furnish a suitable performance bond in the amount 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 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. 6. 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, Main Road, Southold, New York 11971, for the work specified herein in accordance with the terms and conditions herein set forth. The Town Board reserves the right to reject any and all proposals, or parts thereof. 7. The successful bidders, hereinafter called the Contractor, shall commence the work upon the awarding of the bid and shall continue the work until December 31, 1991 . 8. The Contractor shall indemnity 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 named insured and are to be written by good and solvent insurance companies satisfactory to the Town Board in the amount of $300,000.00 with respect to death or bodily injuries of 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. 9. 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 the prior consent in writing of the Town Board. 10. 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 aside notice at his residence or with his agent in charge or 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 the (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 to remove the same within the time specified, the same shall become the property of the Town of Southold. 11 . The Contractor shall exercise due care in the performance of the work, both in the handling of the 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 cardboard or caused by falling from vehicles during transportation. 12. 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, April 5, 1991 . JUDITH T. TERRY TOWN CLERK TOWN OF SOUTHOLD PROPOSAL To the Town Board of the Town of Southold, Suffolk County, New York: In accordance with the Notice to Bidders dated April 5, 1991 inviting proposals for the Removal of all baled cardboard deposited at the Southold Town Landfill Site located north of County Route 48, at Cutchogue, New York, during the period commencing from the awarding of the bid to December 31, 1991, 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 remaining Fiscal Year 1991 : $ per ton removed, which is 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; (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 resolution authorizing the execution of this certificate by the signatory of this bid or proposal on behalf of the corporate bidder. By submitting this proposal, the undersigned understands and agrees that the Town Board reserved 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 1991 . Signature Title Firm or Corporation Address CERTIFIED COPY OF RESOLUTION AUTHORIZING EXECUTION OF NON-COLLUSIVE BIDDING CERTIFICATION ON BEHALF OF CORPORATE BIDDER RESOLVED that (Name of Corporation) be authorized to sign and submit the bid or proposal of this corporation for the following project: Removal of cardboard from the Southold Town Landfill Site at 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 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 of its Board of Directors held on the day of 1991 . 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 material, 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 Cardboard LEGAL NOTICE NOTICE TO BIDDERS FOR REMOVAL OF CARDBOARD FROM THE SOUTHOLD TOWN LANDFILL SITE NOTICE IS HEREBY GIVEN that sealed bids are sought and requested for the removal of cardboard by the Town of Southold, according to specifications and a contract to be let by the Town Board of the Town of Southold. The sealed proposals will be received by the Town Clerk of the Town of Southold at the Southold Town Clerk's Office, Town Hall, Main Road, Southold, New York, until 11 :00 A.M., Tuesday, April 25, 1991 , and will be considered publicly at such time and place. 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, Main Road, Southold, New York. Proposals must be made upon and in 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 at the Town Hall, Main Road, Southold, New York, upon payment of a $25.00 (non-refundable) fee. Proposals must be made and received upon the following conditions: Each proposal 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, to be approved by the Town Board, in the penal sum of $200.00, 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 (10) days from the date of the acceptance of the proposal, suitable surety as provided in the Specifications for the faithful and prompt performance and completion of the work specified. All deposits except that of the successful bidder will be promptly returned and that of the successful bidder retuned upon his providing the required surety. Upon acceptance of his bid, if the successful bidder fails to enter into a contract pursuant to the requirements 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 shall 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. Page 2 - Bid - Cardboard All bids must be marked "Bid for Removal of Cardboard", and must be signed and sealed in envelopes plainly addressed to the Southold Town Clerk, Southold Town Hall, Main Road, Southold, New York 11971 . The Town Board reserves the right to reject any and all bids or parts thereof. Dated: April 5, 1991 . JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, APRIL 11, 1991 , AND FORWARD ONE (1 ) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971 . Copies to the following: The Suffolk Times The Traveler-Watchman Town Board Members Town Attorneys Commissioner of Public Works Jacobs Asst. Supt. of Public Works Bunchuck Town Clerk's Bulletin Board Dodge Reports Brown's Letters r- LEGAL NOTICE NOTICE TO BIDDERS FOR REMOVAL OF CARDBOARD FROM THE SOUTHOLD TOWN LANDFILL SITE NOTICE IS HEREBY GIVEN that sealed bids are sought and requested for the removal of cardboard by the Town of Southold, according to specifications and a contract to be let by the Town Board of the Town of Southold. The sealed proposals will be received by the Town Clerk of the Town of Southold at the Southold Town Clerk's Office, Town Hall, Main Road, Southold, New York, until 11 :00 A.M., Tuesday, April 25, 1991 , and will be considered publicly at such time and place. 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, Main Road, Southold, New York. Proposals must be made upon and in 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 at the Town Hall, Main Road, Southold, New York, upon payment of a $25.00 (non-refundable) fee. Proposals must be made and received upon the following conditions: Each proposal 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, to be approved by the Town Board, in the penal sum of $200.00, 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 (10) days from the date of the acceptance of the proposal, suitable surety as provided in the Specifications for the faithful and prompt performance and completion of the work specified. All deposits except that of the successful bidder will be promptly returned and that of the successful bidder retuned upon his providing the required surety. Upon acceptance of his bid, if the successful bidder fails to enter into a contract pursuant to the requirements 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 shall 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. Page 2 - Bid - Cardboard All bids must be marked "Bid for Removal of Cardboard", and must be signed and sealed in envelopes plainly addressed to the Southold Town Clerk, Southold Town Hall, Main Road, Southold, New York 11971 . The Town Board reserves the right to reject any and all bids or parts thereof. Dated: April 5, 1991 . JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, APRIL 11, 1991 , AND FORWARD ONE (1 ) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971 . Copies to the following: The Suffolk Times The Traveler-Watchman Town Board Members Town Attorneys Commissioner of Public Works Jacobs Asst. Supt. of Public Works Bunchuck Town Clerk's Bulletin Board Dodge Reports Brown's Letters �oc��FFOLK�OGy JUDITH T. TERRY L Town Hall, 53095 Main Road TOWN CLERK Z P.O. Box 1 179 REGISTRAR OF VITAL STATISTICS Un Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 1 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 MARCH 26, 1991 : RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the removal of the following recycled items from the Southold Town Landfill: Plastic, Tin Cans, Cardboard, Glass. Judith T. Terry Southold Town Clerk March 27, 1991 LEGAL NOTICE NOTICE TO BIDDERS FOR REMOVAL OF CARDBOARD FROM THE SOUTHOLD TOWN LANDFILL SITE NOTICE IS HEREBY GIVEN that sealed bids are sought and requested for the removal of cardboard by the Town of Southold, according to specifications and a contract to be let by the Town Board of the Town of Southold. The sealed proposals will be received by the Town Clerk of the Town of Southold at the Southold Town Clerk's Office, Town Hall, Main Road, Southold, New York, until 11 :00 A.M., Tuesday, April 25, 1991 , and will be considered publicly at such time and place. 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, Main Road, Southold, New York. Proposals must be made upon and in 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 at the Town Hall, Main Road, Southold, New York, upon payment of a $25.00 (non-refundable) fee. Proposals must be made and received upon the following conditions: Each proposal 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, to be approved by the Town Board, in the penal sum of $200.00, 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 (10) days from the date of the acceptance of the proposal, suitable surety as provided in the Specifications for the faithful and prompt performance and completion of the work specified. All deposits except that of the successful bidder will be promptly returned and that of the successful bidder retuned upon his providing the required surety. Upon acceptance of his bid, if the successful bidder fails to enter into a contract pursuant to the requirements 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 shall 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. Page 2 - Bid - Cardboard All bids must be marked "Bid for Removal of Cardboard", and must be signed and sealed in envelopes plainly addressed to the Southold Town Clerk, Southold Town Hall, Main Road, Southold, New York 11971 ' t an and all bids or parts The Town Board reserves the right to re �ec Y thereof. Dated: April 5, 1991 - JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, APRIL 11 1991 , AND FORWARD WNNHALL,AMA NA ROAD, PUBLICATION TO JUDITH 97 TERRY, TOWN CLERK, SOUTHOLD. NEW YORK Copies to the following: The Suffolk Times The Traveler-Watchman Town Board Members Town Attorneys Commissioner of Public Works Jacobs Asst. Supt. of Public Works Bunchuck Town Clerk's Bulletin Board Dodge Reports Brown's Letters TOWN OF SOUTHOLD SPECIFICATIONS FOR THE REMOVAL OF CARDBOARD FROM SOUTHOLD TOWN LANDFILL SITE, CUTCHOGUE, NEW YORK FISCAL YEAR 1991 The following are the specifications for the removal of baled cardboard from the Southold Town Landfill Site at Cutchogue, in the Town of Southold, County of Suffolk, New York. The provisions hereof 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 cardboard deposited by the public at its Landfill Site located North of County Route 48 at Cutchogue, New York, during the period commencing upon awarding of the bid and ending on December 31, 1991 . 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 containers (8 ft. by 30 ft. steel trailer bodies) at convenient locations at the site into which the public and Town employees at the site will deposit cardboard. Town employees will bale such cardboard. Bales will range in size up to 30 inches by 48 inches by 60 inches. The Contractor agrees to remove the cardboard bales at least once each week. 2. The price set forth in the proposal shall be the amount that the Town of Southold will be paid by the Contractor for all cardboard removed from the Town Landfill Site commencing upon the awarding of the bid through December 31, 1991 . Accordingly, proposals are to be submitted on the basis of weight ($ per ton) of cardboard removed from the landfill. 3. 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 cardboard deposited at the site. The Contractor shall also be required to maintain a telephone by which he may be contacted by the Town. The telephone number shall be filed in the office of the Highway Department. 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 cardboard cannot be deposited in containers, the Contractor shall be required to remove all cardboard deposited within an area of 100 feet from the filled containers. 4. 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 supervision and control of the Landfill Site and all activities conducted at such site. Accordingly, the Contractor, when conducting any work or activity at the Landfill Site, 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. 5. The Contractor shall within ten (10) days from the date of the acceptance of his bid furnish a suitable performance bond in the amount 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 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. 6. 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, Main Road, Southold, New York 11971, for the work specified herein in accordance with the terms and conditions herein set forth. The Town Board reserves the right to reject any and all proposals, or parts thereof. 7. The successful bidders, hereinafter called the Contractor, shall commence the work upon the awarding of the bid and shall continue the work until December 31, 1991 . 8. The Contractor shall indemnity 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 named insured and are to be written by good and solvent insurance companies satisfactory to the Town Board in the amount of $300,000.00 with respect to death or bodily injuries of 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. 9. 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 the prior consent in writing of the Town Board. 10. 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 aside notice at his residence or with his agent in charge or 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 the (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 to remove the same within the time specified, the same shall become the property of the Town of Southold. 11 . The Contractor shall exercise due care in the performance of the work, both in the handling of the 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 cardboard or caused by falling from vehicles during transportation. 12. 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, April 5, 1991 . JUDITH T. TERRY TOWN CLERK TOWN OF SOUTHOLD PROPOSAL To the Town Board of the Town of Southold, Suffolk County, New York: In accordance with the Notice to Bidders dated April 5, 1991 inviting proposals for the Removal of all baled cardboard deposited at the Southold Town Landfill Site located north of County Route 48, at Cutchogue, New York, during the period commencing from the awarding of the bid to December 31, 1991, 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 remaining Fiscal Year 1991 : $ per ton removed, which is 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; (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 resolution authorizing the execution of this certificate by the signatory of this bid or proposal on behalf of the corporate bidder. By submitting this proposal, the undersigned understands and agrees that the Town Board reserved 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 1991 . Signature Title Firm or Corporation Address CERTIFIED COPY OF RESOLUTION AUTHORIZING EXECUTION OF NON-COLLUSIVE BIDDING CERTIFICATION ON BEHALF OF CORPORATE BIDDER RESOLVED that (Name of Corporation) be authorized to sign and submit the bid or proposal of this corporation for the following project: Removal of cardboard from the Southold Town Landfill Site at 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 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 of its Board of Directors held on the day of 1991 • 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 material, 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 Cardboard