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Removal of Scrap Metal from Landfill Site
AGREEMENT i THIS AGREEMENT made and entered into this 13th day of March , 1990, 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 FRANZA'S UNIVERSAL SCRAP METAL INC. a domestic corporation of the State of New York, having its principal office at Garity Place, Farmingdale, New York 11735 party of the second part, hereinafter called the "Contractor". WITNESSETH : In consideration of the covenants and agreements herein 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 Landfill Site at Cutchogue, New York, all as provided in the Specifications and the Notice to Bidders therefor on file in the Southold Town Clerk's Office, and the terms and conditions of this Contract. In consideration of which the Town of Southold shall pay to the Contractor the sum of $ 5.01 per ton. 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 labor under this Agree- ment. 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 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 furnish 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 Super- visor of the Town of Southold certificates showing that such insurance has been secured and remains in effect during 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, and if through mistake or otherwise such provision is not inserted, then upon the application of either party, this contract shall be physically amended forth- with 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. 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. TOWN OF SOUTHOL ' R (S E A L) B Scott Louise arris, Super isor /j (S E A L) By 6 fred H. anza, Presi ent -2- STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On this 16th day of March 1990, before me personally came SCOTT LOUIS HARRIS, to me known, who being by me duly sworn, did depose and say that he resides at Main Road, Orient, New York, and that he is the Supervisor of the Town of Southold, the Corporation described in and which executed the foregoing 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 Town Board of said Corporation, and that he signed his name thereto by like order. —�— Notary Public JUDITH T.TERRY NOary P40--State of New York No.52-0344963 Qualified in Suffolk County Commission Expires May 31,14 STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On this 93 day of March 1990, before me personally came ALFRED H. FRANZA , to me personally know, being by me duly sworn did depose and say that he resides at that he is the President of Franza's Universal Scrap Metal Inc. 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. DOROTHY DRUGAN � 2 `ii✓'� Notary Public,State of New York No.01DR480333 Qualified in Nassau County /Notary PuJAic Conunission Expires June 30,1>�6 -3- , i c APFr.E=I 32886 , {LE AS -ORIGINALLY DRAWN it W a a °-° ° PROPERLY ENDORSEDai E � s 1-148/280 0,cl,Clr .. '� O' •}E# G(.LCIi .� � 19�a vso Ola a � a �1007?6 03-23-90 �- &a) °' uj 8 F' : ! APSE'RICAN DANKtc o a ro /OD Z5 io, O a I (IdNI �lilpl I 43111 ., L o �� DOLLARS CAI ,2 T G o o f 2 0 Q 'oa - -- - - U)m 0 a�' Wz A 0RIZ_ I SIGNATURE Lu CD cc z � a) : -° �� lo ,,, IID NOT 11E*STf?OY 0 oU) 0 LaEi� N / r—•- Qro w Cw u■ 1.0 2800 L4891. CERTIFICATE OF INSURANCE ISSUE DATE(MV/DD/YY) 3/22/90 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS RIGHTSNO HARRY GOTTLIEB & COo EXXTEND OR ALTTER THE COVERAGE AFFORDED BY HE POLICIES BELOW 50 AMEND, 50 CARNATION AVENUE FLORAL PARK,NEW YORK 11001 COMPANIES AFFORDING COVERAGE COMPANY A LETTER AE`I'NA LIFE & CASUALTY CODE SUB-CODE COMPANY INSURED LETTER B AETNA C. & So FRANZA'S UNIVERSAL SCRAP METALS INC- COMPANY C STATE INSURANCE FUND AMID�7N�ArTi�I)ONfTAL/�R'SOURCE PROCESSING CORP.LETTER 2 VCfLt111 PLACE COMPANY ~ D FARM.INGDALE,NEW YORK 11735 LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS - LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITYGENERAL AGGREGATE $ 1,000 A X COMMERCIAL GENERAL LIABILITY 073ACM20174798 .7/25/89 7/25/90 PRODUCTS-COMP/OPS AGGREGATE $ 11000 CLAIMS MADE X OCCUR. PERSONAL&ADVERTISING INJURY $ 500 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 500 FIRE DAMAGE(Any one tire) $ 50 MEDICAL EXPENSE(Any one person) $ 5 AUTOMOBILE LIABILITYCOMBINED 73FJ870866CCA 7/25/89 7/25/90 SINGLE $ 750 B X ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY $ DAMAGE EACH AGGREGATE EXCESS LIABILITY OCCURRENCE A 73XS636446WCA 7/25/89 .7/25/90 $ 1,000 $1,000 OTHER THAN UMBRELLA FORM STATUTORY C. WORKER'S COMPENSATION 6715395 5/23/89 5/23/90 $ 100 (EACH ACCIDENT) AND $ 500 (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY $ 100 (DISEASE—EACH EMPLOYE' OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS CERTIFICATE HOLDER- CANCELLATION TOM OF SOL)THOLD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE TOW )-(ALL EXPIRATION TT DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 53095 MAIN ROAD MAIL N'-E3AYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SOUnDIZ,NEW YORK 11971 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIV ©ACORD CO TIUIQ 1 8 ACORD 25-S(3/88) _ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T.TERRY ' '-,�: ,;.- FAX(516)765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 26, 1990 Alfred H. Franza, President Franza's Universal Scrap Metal Inc. Garity Place Farmingdale, New York 11735 Dear Mr. Franza: am in receipt of the executed agreement for the removal of scrap metal, your certificate of insurance, and $1,000.00 security check. I am therefore returning herewith your $200.00 Bid Deposit check. Very truly yours, Judith T. Terry Southold Town Clerk d46 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T.TERRY t d FAX(5 16) 765-1823 TOWN CLERK TELEPHONE(516) 765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 16, 1990 Alfred H. Franza, President Franza's Universal Scrap Metal Inc. Garity Place Farmingdale, New York 11735 Dear Mr. Franza: The Southold Town Board, at their regular meeting held on March 13, 1990, accepted your bid in the amount of $5.01 per ton for the removal of all the Scrap Metal deposited at the Southold Town Landfill Site, Cutchogue, for the remainder of 1990. Two copies of the Agreement are enclosed herewith. Please execute both copies and return the copy marked "Town" in the enclosed self- addressed envelope, along with a certified check 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, and a certificate of insurance meeting the requirements of item 8 in the specifications, a copy of which is enclosed herewith. Please have the Agreement notarized. Once we are in receipt of all of the items described above, your $200.00 bid deposit check will be returned to you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Supt.of Hwys. Jacobs E 0 ti 1 o��FF OIK��Gy Z ^' Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T.TERRY 1 FAX(516) 765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS 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 13, 1990: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Franza's Universal Scrap Metal Inc. in the amount of $5.01 per ton for the removal of all the Scrap Metal deposited at the Southold Town Landfill Site, Cutchogue, for the remainder of 1990, and authorizes and directs Supervisor Scott L. Harris to execute an agreement with Franza's Universal Scrap Metal Inc. for the aforementioned service, all in accordance with the specifications for same. , X �� Judith T. Terry Southold Town Cle March 15, 1990 'r FRANZA'S UNIVERSAL SCRAP METAL INC. Bayszs of 07LL Jy#Es of CSczaI2 AEEaL • _Dnc 07Lumi.num Blass 60#/.E2 LEacl GARITY PLACE, FARMINGDALE, NEW YORK 11735 (516) 249-1217 February 22, 1990 Town of Southold Town Clerk Town Hall - Main Rd. Southold, N.Y. 11971 Re: Removal of Scrap Metal from Southold Town Landfill at Cutchouge, N.Y. Dear Sirs ; The price set forth in the proposal of $5 ,01 per Ton that the Town of Southold will pay Franza' s Universal Scrap Metal, Inc. for the removal of Scrap Metal from the Southold Town Landfill site at Cutchogue, N.Y. shall become effective under the terms as follows : 1. Franza' s Universal Scrap Metal, Inc, shall supply roll-off containers and trailers at the Southold Landfill site at Cutchogue, N.Y, to be loaded by Town of Southold personnel with scrap metal. 2. Loads must free of all debris , (i.e. , wood, garbage, tires, glass, plastic, etc. ) 3 . This proposal becomes part of the Contract with Town of Southold. Yours truly, Franza's Universal Scrap Metal, Inc. AlfreRCH. Franza, Pre e'nt AHF/an t PROPOSAL To the Town Board of the Town of Southold, Suffolk County, New York: In accordance with the Notice to Bidders, dated February 6, 1990, inviting proposals for the Removal of all Scrap Metal deposited at the Southold Town Landfill Site located north of County Route 48, at Cutchogue,. New York, during the period from the acceptance of this proposal through December 31 , 1990, 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 remainder of Fiscal Year 1990 $ 5. 01 per ton removed, which is to be paid by the Town of Southold. If this proposal shall be accepted by the Town Board and the under- signed 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 there- I Page 2 - Proposal - Scrap Metal of, 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 certifed copy of resolution authorizing the execution of this certificate by the signator o p of this bid or proposal o n behalf of the corporate bidder. By submitting this proposal, the undersigned 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 22_daY of February 1990. Signature Title President Firm or Corporation Franza' s Universal Scrap Metal, Inc . Address2 Garity P1. E. Farmin da1e11735. -2- CERTIFIED COPY OF RESOLUTION AUTHORIZING THE EXECUTION OF NON-COLLUSIVE BIDDING CERTIFICATION ON BEHALF OF CORPORATE BIDDER RESOLVED thatFranza' s Universal Scrap Metajr, Tnc _ (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 Landfill Site, 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 in- accuracies 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 Franza's Universal by qrap A40t nc corporation at a meeting of its Board of Directors held on the 22 day of February 1990. Secre ary (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 official opening of the bid. (Signed) (Corporate Title) (if any) President Bid on REMOVAL OF SCRAP METAL FROM LANDFILL LEGAL NOTICE NOTICE TO BIDDERS FOR REMOVAL OF SCRAP METAL FROM SOUTHOLD TOWN LANDFILL SITE - REMAINDER OF 1990 NOTICE IS HEREBY GIVEN that sealed bids are sought and requested for the removal of scrap metal from the Southold Town Landfill Site, Cutchogue, New York. The sealed bids 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 11971, until 11 :00 A.M. , Thursday, March 1 , 1990, and will be publicly opened and read aloud at that time. 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 upon payment of a fee of $25.00. 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 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 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. Page 2 - Scrap Metal All bids must be marekd "Bid for Removal of Scrap Metal" 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: February 6, 1990. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, FEBRUARY 15, 1990, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971 . Copies to the following: The Long Island Traveler-Watchman The Suffolk Times Town Board Members Commissioner of Public Works Jacobs Dodge Reports Town Clerk's Bulletin Board TOWN OF SOUTHOLD SPECIFICATIONS FOR THE SALE AND REMOVAL OF SCRAP METAL FROM SOUTHOLD TOWN LANDFILL SITE AT CUTCHOGUE, NEW YORK FOR REMAINDER OF 1990 The following are the specifications for the removal of scrap metal 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 intendes by these specifications to seek proposals' for the removal of scrap metal deposited by the public at the Town's Landfill Site located north of County Route 48, at Cutchogue, New York, during the period commencing upon the acceptance of the bid and ending on, December 31 , 1990. 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 scrap metal. As such containers are filled the Contractor will be required to promptly remove them and replace them with empty containers. 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. 2. The price set forth in the proposal shall be the amount per ton that the Town of Southold will pay to the Contractor for scrap metal removed from the town Landfill Site during the period commencing upon the acceptance of the bid and ending on December 31, 1990. Accordingly, proposals .are to be submitted on the basis of price per ton of scrap metal 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 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 High- way Department. The Contractor shall remove filled containers and deposit empty containers within 24 hours of notice by the Town. In the event that r Page 2 - Specifications - Scrap Metal 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. 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 super- vision 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 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 com- pletion 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. 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 reserves the right to reject any and all proposals, or parts thereof. 7. The successful bidder hereinafter called the Contractor, shall commence the work upon acceptance of his propsal and shall continue the work through December 31 , 1990. 8. The Contractor shall idemnify and hold 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 -2- M � ` Page 3 - Specifications - Scrap Metal whatsoever occasioned as a result of the work performed under this agree- Such olicies shall name the Town of Southold as an additional name ment. P companies insured and are to be written by good and solvent insurance comp to the Town Board in the amount of $300,000-00 with respect to satisfactory h or bodily injuries to any one person, $500,000.00 with respect to death damage death or bodily injury in any one accident, and $25,000.00 property in respect to any one accident. The Contractor shall promptly furnish to the Town Clerk certificates showing that such insurance has been secure and maintained in force during the term hereof. be let or awarded, is g, The Contractor, to whom the contract shall from assigning, transferring, sub-letting or otherwise disposing prohibited other of the same or any part of the work called for by the same to any or corporation without prior consent in writing of the Town person, compan Y Board. If at any time the Town Board shall determine that the work is 10. an of unnecessarily delayed or that the Contractor is willfully violating y within u Completed the conditions of the contract, or if the work be not fully Com have the specifications, the Supervisor shall the time provided in these sp art thereof, power to notify the Contractor to discontinue all work or any personally or by a written notice to be served upon the contractor, either by leaving said notice at his residence or with his agent in charge of work, on the contract shall be deemed terminated and the Contractor and thereu p discontinue all work, and the Town Board shall thereupon have the shall disc b contract power to employ such other persons as it may deem necessary, Y e to complete the work herein described. In the event of the or otherwise, ' n of the contract as herein provided, the Contractor shall within terminatio daysof the service of such notice, remove all containers and other ten (10) ' ment owned by him from the site. If the Contractor shall fail to equip me specified, the same shall become the remove the same within the ti of the Town of Southold. In the event of the termination oft e property heretofore paid to the Town by the Contract as herein provided, all sums t Contractor shall become the property of the Town and the Contractor shall have no claim thereto, or any part thereof. 11 . The Contractor shall exercise due care in the per of the the handling of the containers and in the transportation of work, both in unsightly them to and from the site. The Contractor sha(I clean up any 9 -3- Page 4 - Specifications - Scrap Metal condition caused by carelessness on the part of his employees in handling the scrap metal 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 (1) days of the submission of such statement of charges. DATED at Southold, New York, February 6, 1990. JUDITH T. TERRY SOUTHOLD TOWN CLERK -4- AGREEMENT THIS AGREEMENT made and entered into this day of , 1990, 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 New York, having its principal office at party of the second part, hereinafter called the "Contractor". WITNESSETH: In consideration of the covenants and agreements herein 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 Landfill Site at Cutchogue, New York, all as provided in the Specifications and the Notice to Bidders therefor on file in the Southold Town Clerk's Office, and the terms and conditions of this Contract. In consideration of which the Town of Southold shall pay to the Contractor the sum of $ per ton. 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 labor under this Agree- ment. 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 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 furnish 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 Super- visor of the Town of Southold certificates showing that such insurance has been secured and remains in effect during 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, and if through mistake or otherwise such provision is not inserted, then upon the application of either party, this contract shall be physically amended forth- with 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. 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. TOWN OF SOUTHOLD (S E A L) By Scott Louis Harris, Supervisor (S E A L) By '2- STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On this day of 1990, before me personally came SCOTT LOUIS HARRIS, to me known, who being by me duly sworn, did depose and say that he resides at Main Road, Orient, New York, and that he is the Supervisor of the Town of Southold, the Corporation described in and which executed the foregoing 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 Town Board of said Corporation, and that he signed his name thereto by like order. Notary Public STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On this day of 1990, before me personally came to me personally know, being by me duly sworn did depose and say that he resides at that he is the 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 -3- PROPOSAL To the Town Board of the Town of Southold, Suffolk County, New York: In accordance with the Notice to Bidders, dated February 6, 1990, inviting proposals for the Removal of all Scrap Metal deposited at the Southold Town Landfill Site located north of County Route 48, at Cutchogue, New York, during the period from the acceptance of this proposal through December 31 , 1990, 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 remainder of Fiscal Year 1990 $ 16 y N per ton removed, which is to be paid by the Town of Southold. If this proposal shall be accepted by the Town Board and the under- signed 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 there- Page 2 - Proposal - Scrap Metal of, 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 certifed copy of resolution authorizing the execution of this certificate by the signator of this bid or proposal o n behalf of the corporate bidder. By submitting this proposal, the undersigned understands and aorPPs 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 oAl day of 1990. Signature Title L�7 Firm or Corporation Address -2- CERTIFIED COPY OF RESOLUTION AUTHORIZING THE EXECUTION OF NON-COLLUSIVE BIDDING CERTIFICATION ON BEHALF OF CORPORATE BIDDER RESOLVED �' ZTZ'l that (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 Landfill Site, 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 in- accuracies 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 r �!.(/� � `� Z- � corporation at a meeting of its Board of Directors held on the �:2 day of 1990. 2% Secre ry J (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 official opening of the bid. (Signed) (Corporate Title) ff � (if any) Bid on REMOVAL OF SCRAP METAL FROM LANDFILL ,�.-- --- � .. _. ;�.� - - _ _ aU��:--�.. . - .�.♦- _. .moi 2 GARITY PL , N.Y. 1 7 3rd a r n w u ' c 1 J wry d ii d 1 TOWN OF SOUTHOLD TOWN CLERKS OFFICE TOWN HALL, MAIN ROAD SOUTHOLD, N.Y. 11971 4 Seabed Bid: Removal of Scrap Metal F wo Y � k F 748 a Thursday, March 1, 1990 Time: 11:00 a.M. i ***$25.00 EE DUE TO O"N BID PACKET. BIDS - REMOVAL OF SCRAP METAL FROM LANDFILL Bid opening: 11 :00 A.M., Thursday, March 1, 1990. 1, Franza's Universal, 2 Garity Place, Farmingdale, NY 11735 249-1217 2. B. P. Wreckers, 510 Yennecott Drive, Southold, NY 11971 765-2083 3. 4. 5. COUNTY OF SUFFOLK STATE OF NEW YORK ss: i Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman LEGAL NOTICE once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . weeks NOTICE TO BIDDERS FOR REMOVAL OF SCRAP METAL successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . FROM SOUTHOLD TOWN LANDFILL SITE— REMAINDER OF 1990 day of . . . . . . .. 19 .5 . NOTICE IS HEREBY GIV ---- EN that sealed bids are sought ' and requested for the removal of scrap metal from the Southold Town Landfill Site;Cutchogue, I New York. The sealed bids will be receiv- Sworn to before me this . . . . . . . . . . . S. . . . . . . . day of ed by the llbww Clerk of`the Town of 'Southold at the Southold Tbwn Clerk's Office, . . . . . . . ... L``"' . . . . . , 19 Town. Hall; Main Road, Southold,New Nbrk,11971,un- til 11:00A.M.,'>;hursday,MarchBARBARA A. SCHNEIDER 1, 1990, anis. will be publicly NOTARY PU13UC,State of New York opened and read aloud at:thatNo.4806846 time Specifications,aproposed `> LL -✓ Qttaliffed•in Suffolk Co / contract for the beecutiorrof the Notary Public Commission Expire V-31/5;6? work, and forms o€ proposal can be examined at the Office of the Town,Clerk, 'Town Hall, Main Road, Southold, New York. _ Proposals must: be made the acceptance of the proposal, upon andin'accaoidance with the suitable surety as provided in the form of propdsal, which form Specifications for the faithful of proposal,wil ave an accom- and prompt performance and panying copy of the.specifica- completion of the work tions for said work and propos- specified. ed agreement and the same may All deposits except that of the be obtained at theiOfficeof the successful bidder will be pro- Southold To*n Clerk upon pay- mptly returtied and that of the ment of a fee of$25:00,"; successful bidder��upon Proposals must tai lna a and his providing the required Suety received upon the:011#ng Upon acceptance of,his bid, conditions:` if the successful bidder fails to All bids must be marked"Bid Each proposal must be ac- enter into a Contract pursuant to for Removal of Scrap Metal" companied by the deposit of a the requn"vnients of the Town and must lte.s*ne+d and sealed certified check payable to the Board,'gr fails to give the fur- in envelope&0aufiy addressed io order of the Town of Southold ther security,prescribed in the the Southold Town Clerk, in the sum of$200.00,or a bond Specifications within the time Southold Town Hall, Main with sufficient sureties,to be ap-" limit larein,' then the check Road, Southold, New York proved by the Tbwn Board, in deposited-as aforesaid and the 11971. the penal sum of,$200.00;,con- moneys standing to the credit of The Tbwn Board reserves the ditioned that if the proposal-is same, shall be forfeited to the right to reject any,and all bids accepted the successful bidder Town as.liquidated damages,or or parts thereof. wiff"enter into a contract lfor the if a bond has been presented in DATED February S, 1990. . work,and that he will'furnish, lieu of a certified check,then the JUDITH T. TERRY within ten days from the date of penalty shall be enforced as li- SOUTHOLD TOWN CLERK quidated damages. 1X-2/15/90(7) f i r LEGAL NOTICE NOTICE TO BIDDERS FOR REMOVAL OF SCRAP METAL STATE OF NEW YORK) FROM SOUTHOLD TOWN )SS' LANDFILL SITE— REMAINDER OF 1990 COUNTY OF SUFFOLK) NOTICE IS HEREBY GIVEN that sealed bids are sought and requested for the removal of scrap p 3 r i e i a Heaney of Mattituek, In metal from the Southold Town Landfill Site,Cutchogue,New York. said County, being duly sworn, says that he/she is Principal The sealed bids will be received Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, by the Town Clerk of the Town of Southold at the Southold Town published at Mattituek, in the Town of Southold, County of Clerk's Office, Town Hall, Main Suffolk and State of New York, and that the Notice of which Road, Southold,New York 11971, until 11:00 A.M.,Thursday,March the annexed is a printed copy,has been regularly published in 1,1990,and will be publicly opened Town Clerk,Southold Town Hall, aid Newspaper Once each week for 1 weeks and read aloud at that time.Specifi- cations,a proposed contract for the Main Road, Southold,New York iccessively, commencing on the 15th day of execution of the work,and forms of 11971• February 1990 proposal can be examined at the The Town Board reserves the Office of the Town Clerk, Town right to reject any and all bids or Hall,Main Road,Southold,New parts thereof. York: DATED:February 6,1990. T.TERRY proposals must be made upon and N CLERK 7 in accordance with the form of pro- posal, TOWN JUDITH which form of proposal will 6577 IM 5 have an accompanying copy of the P inei flerk specifications for said work and pro- posed agreement and the same may C� Y be obtained at the Office of the Southold Town Clerk upon payment of a fee of$25.00. Sworn to re me this Proposals must be made and re- ceived upon the following condi day of _19 tions: ((( 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 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 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 pursuant to the re- • quirements 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 penal- ty 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 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 9th day of February 19 90 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 from Southold Town Landfill Site, Cutchogue, Remainder of Fiscal Year 1990. Bid opening: 11 :00 A.M. , Thursday, March 1 , 1990, Southold Town Clerk's Office. Judith T. Terry Southold Town Clerk Sworn to before me this 9th day of February 1990 A 42 0.4= -— - Notary Public ELIZABETH ANN NEVILLE Notary Public,State of New York No.52-8125850,Suffolk County Term Expires October 31, 19_%9__ • ! LEGAL NOTICE NOTICE TO BIDDERS FOR REMOVAL OF SCRAP METAL FROM SOUTHOLD TOWN LANDFILL SITE - REMAINDER OF 1990 I i NOTICE IS HEREBY GIVEN that sealed bids are sought and requested for the removal of scrap metal from the Southold Town Landfill Site, I Cutchogue, New York. The sealed bids will be received by the Town Clerk of the Town of Southold at the Southold Town Clerk's Office, Town Hall, Main Road, I � Southold, New York 11971, until 11 :00 A.M. , Thursday, March 1 , 1990, and will be publicly opened and read aloud at that time. 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 upon payment of a fee of $25.00. 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 i I successful bidder will enter into a contract for the work, and that he will furnish, within ten 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 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. I' Page 2 - Scrap Metal I ' I� I All bids must be marekd "Bid for Removal of Scrap Metal" 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. i DATED: February 6, 1990. JUDITH T. TERRY i SOUTHOLD TOWN CLERK 1 i I i PLEASE PUBLISH ONCE, FEBRUARY 15, 1990, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971 . I � Copies to the following: The Long Island Traveler-Watchman The Suffolk Times Town Board Members Commissioner of Public Works Jacobs Dodge Reports Town Clerk's Bulletin Board i i i I i i I i I I I i I I i v a. �- -- LEGAL NOTICE NOTICE TO BIDDERS FOR REMOVAL OF SCRAP METAL FROM SOUTHOLD TOWN LANDFILL SITE - REMAINDER OF 1990 NOTICE IS HEREBY GIVEN that sealed bids are sought and requested for the removal of scrap metal from the Southold Town Landfill Site, Cutchogue, New York. The sealed bids 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 11971 , until 11 :00 A.M. , Thursday, March 1 , 1990, and will be publicly opened and read aloud at that time. 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 upon payment of a fee of $25.00. 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 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 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. Page 2 - Scrap Metal All bids must be marekd "Bid for Removal of Scrap Metal" 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: February 6, 1990. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, FEBRUARY 15, 1990, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971 . Copies to the following: The Long Island Traveler-Watchman The Suffolk Times Town Board Members Commissioner of Public Works Jacobs Dodge Reports Town C! rl:'s Su!letin Board LEGAL NOTICE NOTICE TO BIDDERS FOR REMOVAL OF SCRAP METAL FROM SOUTHOLD TOWN LANDFILL SITE - REMAINDER OF 1990 NOTICE IS HEREBY GIVEN that sealed bids are sought and requested for the removal of scrap metal from the Southold Town Landfill Site, Cutchogue, New York. The sealed bids 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 11971 , until 11 :00 A.M. , Thursday, March 1, 1990, and will be publicly opened and read aloud at that time. 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 upon payment of a fee of $25.00. 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 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 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. Page 2 - Scrap Metal All bids must be marekd "Bid for Removal of Scrap Metal" 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: February 6, 1990. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, FEBRUARY 15, 1990, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971 . Copies to the following: The Long Island Traveler-Watchman The Suffolk Times Town Board Members Commissioner of Public Works Jacobs Dodge Reports Town rlcrt,'y Bul!etin Board TOWN OF SOUTHOLD SPECIFXATIONS FOR THE SALE AND REMOVAL OF SICRAP METAL FROM SOUTHOLD TOWN LANDIEILL SITE AT CUTCHOGUE, NEW YORK FOR REMAINDER OF 1990 The following are the specifications for the removal of scrap metal 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 u ,on its being awarded to the successful bidder. 1 . The Town of Southold intendes by these specifications to seek proposals for the remomal of scrap metal deposited by the public at the Town's Landfill Site Ionated north of County Route 48, at Cutchogue, New York, during the per:�bd commencing upon the acceptance of the bid and ending on December :31,' 1990. To effectuate such removal, it is intended that the successful Ukdder (hereinafter referred to as the Contractor) will, at all times during thy; period specified, place conventional containers (8 ft. by 30 ft. steel traileibtibodies) at convenient locations at the site into which the public and Towrr:rmmployees at the site will deposit scrap metal. As such containers are filledr4he Contractor will be required to promptly remove them and replace them, with empty containers. It is intended that when used herein, the terns scrap metal is intended to include, but not be limited to, scrapped automobiles, trucks, trailers, refrigerators, and any and all articles composed esseintially of metal, whether ferrous or non-ferrous. 2. The price�Aet forth in the proposal shall be the amount per ton that the Town of So-*thold will pay to the Contractor for scrap metal removed from the town Landfill Site during the period commencing upon the acceptance of the bichrand ending on December 31 , 1990. Accordingly, proposals are to be Liubmitted on the basis of price per ton of scrap metal removed from the Lachdfill. 3. It shall bahthe 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. Theztelephone number shall be filed in the office of the High- way Department. TEhe Contractor shall remove filled containers and deposit empty containers wnlhin 24 hours of notice by the Town. In the event that Page 2 - Specifications - Scrap Metal 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. 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 super- vision 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 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 com- pletion 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. 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 reserves the right to reject any and all proposals, or parts thereof. 7. The successful bidder hereinafter called the Contractor, shall commence the work upon acceptance of his propsal and shall continue the work through December 31 , 1990. 8. The Contractor shall idemnify and hold 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 -2- Page 3 - Specifications - Scrap Metal whatsoever occasioned as a result of the work performed under this agree- ment. 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 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. 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 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 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 to 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. 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 -3- Page 4 - Specifications - Scrap Metal condition caused by carelessness on the part of his employees in handling the scrap metal 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 (1) days of the submission of such statement of charges. DATED at Southold, New York, February 6, 1990. JUDITH T. TERRY SOUTHOLD TOWN CLERK - 4- PROPOSAL To the Town Board of the Town of Southold, Suffolk County, New York: In accordance with the Notice to Bidders, dated February 6, 1990, inviting proposals for the Removal of all Scrap Metal deposited at the Southold Town Landfill Site located north of County Route 48, at Cutchogue, New York, during the period from the acceptance of this proposal through December 31 , 1990, 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 remainder of Fiscal Year 1990 $ per ton removed, which is to be paid by the Town of Southold. If this proposal shall be accepted by the Town Board and the under- signed 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 there- Page 2 - Proposal - Scrap Metal of, 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 certifed copy of resolution authorizing the execution of this certificate by the signator of this bid or proposal o n behalf of the corporate bidder. By submitting this proposal, the undersigned 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 1990. Signature Title Firm or Corporation Address -2- CERTIFIED COPY OF RESOLUTION AUTHORIZING THE 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 Scrap Metal from the Southold Town Landfill Site, 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 in- accuracies 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 of its Board of Directors held on the day of , 1990. 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 official opening of the bid. (Signed) (Corporate Title) (if any) Bid on REMOVAL OF SCRAP METAL FROM LANDFILL AGREEMENT THIS AGREEMENT made and entered into this day of 1990, 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 New York, having its principal office at party of the second part, hereinafter called the "Contractor". WITNESSETH : In consideration of the covenants and agreements herein 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 Landfill Site at Cutchogue, New York, all as provided in the Specifications and the Notice to Bidders therefor on file in the Southold Town Clerk's Office, and the terms and conditions of this Contract. In consideration of which the Town of Southold shall pay to the Contractor the sum of $ per ton. 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 labor under this Agree— ment. 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 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 furnish 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 Super- visor of the Town of Southold certificates showing that such insurance has been secured and remains in effect during 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, and if through mistake or otherwise such provision is not inserted, then upon the application of either party, this contract shall be physically amended forth- with 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. 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. TOWN OF SOUTHOLD (S E A L) By Scott Louis Harris, Supervisor (S E A L) By -2- STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On this day of 1990, before me personally came SCOTT LOUIS HARRIS, to me known, who being by me duly sworn, did depose and say that he resides at Main Road, Orient, New York, and that he is the Supervisor of the Town of Southold, the Corporation described in and which executed the foregoing 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 Town Board of said Corporation, and that he signed his name thereto by like order. Notary Public STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On this day of 1990, before me personally came to me personally know, being by me duly sworn did depose and say that he resides at that he is the 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 -3- �O��FFD��COGy Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T.TERRY FAX(516)765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS 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 FEBRUARY 6, 1990: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise a rebid for the removal of scrap metal from the Southold Town Landfill Site for the remainder of 1990. Judith T. Terry Southold Town Cler February 8, 1990 Public Works Department Town of Southold Peconic Lane Peconic, N.Y. 11958 RAYMOND L.JACOBS Tel.765-3140 Commissioner 734-5211 RESOLUTION BY: SECONDED BY: Commissioner of Public Works, Raymond L. Jacobs requests permission to rebid for removal of scrap metal from the Southold Town Landfill for the year 1990. VOTE OF THE TOWN BOARD Supervisor Scott L. Harris (Yes) (No) Justice Raymond W. Edwards (Yes) (No) Councilwoman Ellen Larsen (Yes) (No) Councilwoman Ruth Oliva (Yes) (No) Councilman George L. Penny IV (Yes) (No) Councilman Thomas Wickham (Yes) (No) Town Clerk Town of Southold Dated: