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HomeMy WebLinkAboutScrap Metal AGREEMENT THIS AGREEMENT made and entered into this 31st day of December , 198 5 , 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 NORTH FORK SANITATION SERVICE, a domestic corporation of the State of New York, having its principal office at Locust Lane, Southold, New York, part 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 the labor to do all the work required for the purchase 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 Contractor shall pay to the Town of Southold the sum of Three thousand three hundred dollars and no cents ($3, 300. 00) in three equal installments as follows: one-third thereof ($1, 100. 00) on January 1, 1986; one-third (1/3) thereof ($1, 100. 00) on May 1, 1986; and one-third ( 1/3) thereof ($1, 100. 00) on September 1, 1986. 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 Agreement. 3. The Contractor further agrees to secure and furnish and keep in force during the term hereof compensation and disability insurance for the -1- Page 2 - Agreement - Scrap Metal 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 Agree- ment. The Contractor shall promptly furnish to the Supervisor 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 inserved, and if through mistake or otherwise such provision is not inserted, then upon the application of either party, this contract shall be physically amended forthwith to make such insertion. 5. It is further expressly understood and agreed that the Contractor shall comply with all applicable laws and regulations of all governmental agencies and shall obtain any and all required permits and/or authorizations in the performance of the work. IN WITNESS WHEREOF, the respectivie parties hereto have executed this Agreement and cause same to be signed by the proper officer of the respect- ive parties and their respective seals affixed, the day and year first above written. TOWN SOU H (S E A L) B i , ncis . �"y , Supervisor NORTH FORK SANITATION SERVICE (SEAL) gy// �/��c Roy �A. Schelin, President -2- r Page 3 - Agreement - Scrap Metal STATE OF NEW YORK) COUNTY OF SUFFOLK) ss: On this 6th day of December, 1985, before me personally came FRANCIS J. MURPHY, to me known, who being by me duly sworn, did espose and say that he resides at Old Main Road, Mattituck, 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.Temy Notary Public,State of Nawyark No.62-0344983 Suffolk Commission Expires March 3q� � STATE OF NEW YORK) COUNTY OF SUFFOLK)ss: On this _ /`;i— day of,l 119�, before me personally came ROY A. SCHELIN, to me personally known, being by me duly sworn did depose and say that he resides at Locust Lane, Southold, New York, that he is the President of North Fork Sanitation Service, the corporation described in and which executed the above instrument; that he knows the seal of said Corpora- tion; 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. /���; • , mss- : !� `�1 i j Notary Public ELIZABETH ANN NMU E Na 52 81'25850, of ONYork Term Expires March 30,19_ , Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 30, 1985 Mr. Roy A. Schelin North Fork Sanitation Service P. O. Box 1498 Southold, New York 11971 Dear Roy: Returned herewith is your bid deposit check in the amount of $200. 00 submitted with your bid for the collection, storage, removal and purchase of all scrap metal deposited at the Southold Town Land- fill Site located at Cutchogue, for the period from January 1, 1986 through December 31, 1986. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure U' `T Town Hall, 53095 Main Road Oy P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 5, 1985 Mr. Roy A. Schelin North Fork Sanitation Service P. O. Box 1498 Southold, New York 11971 Dear Roy: The Southold Town Board, at a regular meeting held on December 3, 1985, accepted your proposal for the collection, storage, removal and purchase of all scrap metal deposited at the Southold Town Landfill Site located at Cutchogue, for the period January 1, 1986 through December 31, 1986, at the bid price of $3,300. 00. Please stop at this office at your earliest convenience to execute the agreement, at which time please bring with you a copy of your insurance policy covering the Town of Southold under this agreement, and a check in the amount of $1, 100. 00 representing one-third payment due on January 1, 1986. You are also required to deposit with me $1,000. 00 in the form of cash or certified check made payable to the Town of Southold as security for the faithful and prompt performance and completion of the work specified in the specifications and agreement. Since we still have your $1,000. 00 on deposit from your contract with the Town for the scrap metal for 1985, if you wish this can remain as your deposit under this new agreement. Upon execution of the agreement your $200. 00 bid deposit check will be returned to you. Very truly yours, Judith T. Terry Southold Town Clerk PROPOSAL j To the Town Board of the Town of Southold, Suffolk County, New York: j In accordance with the Notice to Bidders dated October 22, 1986, j inviting proposals for the Collection, Storage, Removal and Purchase of all j Scrap Metal deposited at the Southold Town Landfill Site located north of s County Route 48, at Cutchogue, New York during the period from January 1, 1986 to December 31, 1986, and subject to all .the conditions and require- I ' ments of the specifications, the undersigned proposes to furnish all the labor !j and tools, equipment and conveyances for the said work and to fully and i' jf completely perform the same in accordance with such Notice to Bidders, i I, Specifications and Form of Contract and to the satisfaction of the Town of ii Southold for the following price: i A. Bid' for one year (Fiscal Year 1986) ($ Dollars which is to be paid to the Town of Southold in three j i! (3) equal installments as follows: (a) One-third (1/3) on January 1, 1986. j (b) One-third (1/3) on May 1, 1986. (c) One-third (1/3) on September 1, 1986. c 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 f other security, then the said Town Board may, at its option, determine that - _ w the undersigned has abandoned the Contract, and thereupon his proposal shall be returned to the undersigned. I; Attached herewith is a certified check or proposal bond for the sum of i 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 1 be knowingly disclosed, prior to the opening of bids or proposals for this project, to any other bidder, competitor or potential competitor; -1- I i Page 2 - Proposal - Scrap Metal I (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 } i 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 I la in its behalf; 1p (e) That attached hereto (if a corporate bidder) is a certified copy of jj 1; resolution authorizing the execution of this certificate by the signator of this bid or proposal on behalf of the corporate bidder. j e� �) By submitting this proposal, the undersigned understands and agrees 1 that the Town Board reserves the right, in its absolute discretion, to accept 1 Y proposals. I or reject an and all ro sals. IN WITNESS WHEREOF, the undersigned has herewith set his (their) I name in full, together with his (their) residence address, this day it of 1986. Signature I Title !j Firm or Corporation�� Address 3 I I I w i I 1 I -2- posed ract for the execution of the v. ,c,and forms of proposal can be examined at the Office of the Town Clerk, Town Hall, Main Road,Southold,New York. LEGAL NOTICE Proposals must be made upon NOTICE TO BIDDERS and in accordance with the form FOR SALE AND REMOVAL of proposal prepared by the Town OF SCRAP METAL FROM Attorney,which form of proposal STATE OF NEW YORK S OUTHOLD TOWN will have an accompanying copy SS: LANDFILL SITE, of the specifications for said work FISCAL YEAR 1986, and proposed agreement and the COUNTY OF SUFFOLK NOTICE IS HEREBY GIVEN same may be obtained at the Of- that sealed bids are sought and lice of the Southold Town Clerk requested for the sale of scrap at the Town Hall, Main Road, Mary K , Degrian of Greenport, in metal by the Town of Southold, Southold, New York, upon pay- according to specifications and a ment of a fee of$25.00. said County, being duly sworn, says that he/she is contract to be let by the Town Proposals shall be made and. Principal Clerk of THE SUFFOLK TIMES, a Weekly Board of the Town of Southold. received upon the following con- The sealed proposals will be re- ditions: Newspaper, published at Greenport, in the Town ceived by the Town Clerk of the Each proposal must be accom- of Southold, County of Suffolk and State of New Town of Southold at the Southold panied by the deposit of a cer- Town Clerk's Office,Town Hall, tified check payable to the order York, and that the Notice of which the annexed is Main Road,Southold,New York, of the Town of Southold in the until 11:00 A.M., Thursday, sum of$200.00, or a bond with a Printed copy, has been regularly published in November 21, 1985, and will;-be sufficient sureties, to be ap- said Newspaper once each week for one considered publicly at such time proved by the Town Board,in the and place. Specifications, a pro- penal sum of$200.00 conditioned weeks successively, commencing On the that if the proposal is accepted day of October 1985 the successful bidder will enter into a contract for the work,and that he will furnish, within ten days from the date of the accep- tante of the proposal, suitable j surety as provided in the Specifi- cations for the faithful and rincipal Clerk(_ Prompt performance and comple- 8, +r, + a 1 tion of the work specified. ,?i�� '� "' '_ All deposits except that of the Sworn to befgre ane this I da� f successful bidder will be �' ) .19 �. ... 1 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 li- mited herein,then the check de- Posited 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 Sale_And Removal of Scrap Metal"and must be signed and sealed in envelopes plainly ad- a dressed 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:October 22, 1985. JUDITH T. TERRY SOUTHOLD TOWN CLERK 1T031-5053 NOTICE TO BIDDERS FOR SALE AND REMOVAL OF SCRAP METAL FROM SOUTHOLD TOWN COUNTY OF SUFFOLK LANDFILL SITE, ss: FISCAL YEAR 1986. STATE OF NEW YORK NOTICE IS HEREBY GIV— EN that sealed bids are sought Patricia Wood, being duly sworn, says that she is the and requested for the sale of Editor, of THE LONG ISLAND TRAVELER-WATCHMAN scrap metal by the Town of � , Southold, according to specifi- a public newspaper printed at Southold, in Suffolk County; cations and a contract to be and that the notice of which the annexed is a printed copy, let by the Town Board of the has been published in said Long Island Traveler-Watchman Town of Southold. The sealed proposals will be once each week for . . . . . . . . . . . . . . . . . . /. . . . . . . . weeks received by the Town Clerk of the Town of Southold at the � Southold Town Clerk's Office, successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . Town Hall, Main Road, South- , old, New York, until 11:00 day r Ed f4 4 19 . A.M., Thursday, November 21, 1985, and will be consider- ed publicly at such time and . . . . . . . . . . . . . . . . . . . . place. Specifications, a pro- posed contract for the execu- tion of the work, and forms of proposal can be examined at ,1 the Office of the Town Clerk, Sworn to before me this . . . . . . . .... . . . . . . . . . . . . day of Town Hall, Main Road, South- old, New York. �d V Proposals must be made • • • • • • • • • • • • . • . . . . . . . . . 19 . . . . . upon and in accordance with the form of proposal prepared by the Town At torney, which form of proposal will have an ' accompanying copy of the spe- . . . . . . . . . . . . . . ,F" :<r. _ � ;_:. . . . . . . . . . . . . cifications for said work and Notary Public proposed agreement and the same may be obtained at the BARBARA FC)RBES Office of the Southold Town Notary Public, State of New York Clerk at the Town Hall, Main No. 48o6846 Road, Southold, New York, Qualified in Suffolk CoL:ty upon payment of a fee of Commission Expires March 30, 19'f6 $25.00. Proposals shall be made and received upon the following conditions: Each proposal must be ac- companied 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 suc- cessful.bidder will enter into a contract for the work, and that he will furnish,within ten days from the date of the accept- ance of the proposal, suitable surety as provided in the Sve- cifications 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 requir- ed 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 limited herein, then the check deposited as aforesaid and the moneys standing to the credit of same, shall be forfeited to the Town as liqui- dated damages, or if a bond has been presented in lieu of a certified check, then the pen- alty shall be enforced as liqui- dated damages. All bids must be marked "Bidfor Sale and Removal of Scrap Metal" and must be signed and sealed in envelopes plainly addressed to the South- old Town Clerk, Southold Town Hall, Main Road, South- old, New York 11971. The Town Board reserves the right to reject any and all bids or parts thereof. DATED: October 22, 1985. JUDITH T.TERRY SOUTHOLD TOWN CLERK 1T-10/31/85(1) 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 she is over the age of twenty-one years; that on the 25th day of October 19 85 , 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 Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971. I Legal Notice, Notice to Bidders for Sale and Removal of Scrap Metal from Soathold Town Landfill Site, Fiscal Yeasr 1986. Bid Opening: 11 : 00 A.M., Thursday, November 21, 1985, Southold Town Hall. I i i Judith T. Terry Southold Town Clerk Sworn to before me this j 25th day of October 1985 Notar�r PV&' I ELiZABE!, ANN V NOTARY PUBLIC,State of New York No.52.8125850,Suffolk Cou9ty. Term Expires March 30,18 I I LEGAL NOTICE NOTICE TO BIDDERS FOR SALE AND REMOVAL OF SCRAP METAL FROM SOUTHOLD TOWN LANDFILL SITE, FISCAL YEAR 1985. i NOTICE IS HEREBY GIVEN that sealed bids are sought and requested i for the sale of scrap metal by the Town of Southold, according to specifica- is tions 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. , Thursday, November 21; 1985, and will be considered publicly at such time and place. Specifications, a proposed i! 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. I( Proposals must be made upon and in accordance with the form of proposal l prepared by the Town Attorney, which form of proposal will have an !j 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 fee of $25.00. i Proposals shall be made and received upon the following conditions: j 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 w 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 success- ful 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 perform- ance 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. j Page 2 - Bid f# sale and removal of scrap metal 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 limited 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 i. be enforced as liquidated damages. I' All bids must be marked "Bid for Sale and 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 li (j thereof. j DATED : October 22, 1985. I1 JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, OCTOBER 31; 1985, 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 Suffolk Times The Long Island Traveler-Watchman Town Board Members Superintendent of Highways Dean Town Clerk's Bulletin Board y LEGAL NOTICEAr 3 NOTICE TO BIDDERS FOR SALE AND REMOVAL ` OF SCRAP METAL FROM SOUTHOLD TOWN LANDFILL SITE,, FISCAL YEAR 1986. NOTICE IS HEREBY GIVEN that seated bids are sought and requested for the sale of scrap metal by the Town of Southold, according to specifica tions 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. , Thursday, November 21 , ,1985, 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! Y at the Office of the Town C:It:r-k, Town Hall, Main Road, Southold, New York. ProposatS must be made Upon and in accordance with the form of proposal prepared by the Town Attorney, which form of 'proposal will have all accompanyinq copy of the specifications tot- said work and proposed acjreernent 1 I and the carne may be obtained at the Office of the Southold Town Clerk at lire Town Hall, lkla i Road, Southold, New York, upon payrnej.0 of a fee of $25. 00. � Propos.rl,> shall be matte and received upon thefollowingconditions : Each proposal must be accompanied by the deposit of acertified check payable to Ilse order of the Towrr of Southold in the SLIM 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 accented the success - ful bidder will enter into a contract for the work, and ttrat he .will furnish, I within ten days from the date of the acceptance of the PrOPOSOL .,suitable surety as provided in the Specifications for the faithful ami prompt perform- ance and completion of the work specified. All deposits except that of tlas successful bidder will be promptly returned and that of;that successful bidder returned upon his providing the required surety. R. 47 li LEGAL_NOTICE i NOTICE TO BIDDERS FOR SALE AND REMOVAL OF SCRAP METAL FROM SOUTHOLD TOWN LANDFILL SITE, FISCAL YEAR "198G. NOTICE IS HEREBY GIVEN that sealed bids are sought and requested for the sale of scrap metal by the Town of Southold, according to specifica-- tions 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, Mahn Road, Southold, New York, until 11:00 A.M. , Thursday, November 21, 1985, 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 c,pAon and in accordance with the form of proposal prepared by the Town Attorney, which form of .proposal will have an 1 accompanyinc3 col,-)y of the specificaiions for said -work and proposed agreement and the same may be obtained at Ilie Office of the Southold Town Clerk at the Town Hall, Main Road, Southold, New York, upon payment of'<a fee of $25. 00. Prop.ao� ak, -hall bc? made and a-oceived upon the following conditions: � Each proposal must be a COmpanied by the deposit of a certified check p payable to thea 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 5200. 00 conditioned that if the proposal is accepted the success ful bidder will enter into a contract for the work, and that he will furnish, within ten days from the elate of the. acceptance of the pr6posail, suitable surety as provided in 0* Specifications for the faithful and prbmpt perform- ance "form-ance ani completion of the work specified. All deposits except that of the successful bidder w44 lig,.eptly returned and that of the successful bidder returned upon hts providing the required surety. i A i i e and removal Page 2 Bid flom of scRP metal Upon acceptance of his bid, if the successful bidder fatis 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 limited h -ein, then the check deposited as aforesaid and the moneys standing to the ei credit of same, shall be forfeited to the Town as liquidated damages, or if a bond has been presented in liett of a certified check, then the penalty shall t,-)e enforced as liqUidated damac es. All bids must be marked "Bid for Sale and 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 : October 22, 1985. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, OCTOBER 31, 1985, 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 Suffolk Times The Long Island Traveler-Watchman Town Board Members Superintendent of Highways Dean Town Clerk's Bulletin Board ..... ----- 0 0 TOWN OF SOUTHOLD SPECIFICATIONS FOR THE SALE AND REMOVAL OF SCRAP METAL FROM SOUTHOLD TOWN LANDFILL SITE AT CUTCHOGUE, NEW YORK The following are the specifications providing for the sale and removal of scrap metal from the Southold Town Landfill Site at Cutchogue, int he Town of Southold, County of Suffolk, New York. The provisions hereof are to be deemed a part of the contract upon its beinq awarded to the successful i bidder. 1. The Town of Southold intends by these specifications to seek proposals for the sale of scrap metal deposited by the public at its Landfill Site located north of County Route 48, at Cutchogue, New York, during the i period commencing on January 1, 1986 and ending on December 31, 1986. To ii effectuate such sale, it is intended that the successful bidder (hereinafter I I 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 Ij 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 estimated by the head of the Department of Public Works of the Town of Southold that the volume of scrap metal which will be deposited at the site from January 1 to December 31 will be as follows, to wit: 30 containers of scrap metal. It is intended that when used herein, the term scrap metal is intended to include scrapped automobiles, trucks, tractors, refrigerators, and any and all articles composed essentially of metal, whether ferrous or non-ferrous. 2. The lump sum price set forth in the proposal shall be the amount that the Contractor will be required to pay to the Town of Southold for all scrap metal removed from the Town Landfill Site during the period from January 1 to December 31 regardless of the actual volume of scrap metal actually removed. Accordingly, any proposals submitted on the basis of volume, or on the basis of actual containers of scrap metal removed will be rejected as not complying with the terms and conditions of these specifications. -1- Page 2 - Spe*ations - Scrap Metal In the event the Town accepts a bid for a one year contract, the lump sum bid price must be paid to the Town in three (3) equal installments, as follows: 1/3 on January 1, 1986 1/3 on May 1, 1986; and 1/3 on September 1, 1986. 2. 1t 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 the Contractor fails to provide a sufficient number of containers, as a result i' of which scrap metal cannot be deposited in containers, the Contractor shall i. be required to remove all scrap metal deposited within an area of 100 feet a 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 ti 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 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 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 provied 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. -2- Page 3 - Speocations - Scrap Metal The Town Board reserves the right to reject any and all proposals, or parts thereof. 7. The successful bidder hereinafter called the Contractor, shall commence the work on January 1, 1986 and shall continue the work for a period of twelve months, to end on December 31, 1986. 8. The Contractor shall indemnify the Town of Southold harmless of and i 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 i' 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 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 certif- icates 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 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 --3- Page 4 - SpecTrcations - Scrap Metal 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 other- wise, to complete the work herein described. In the event of the termination of the contract as herein provided, the Contractor shall within ten 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 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 h such expense, which shall be paid by the Contractor within ten ( 10) days of the submission of such statement of charges. DATED at Southold, New York, October 22, 1985. JUDITH T. TERRY TOWN CLERK TOWN OF SOUTHOLD -4- PROPOSAL j To the Town Board of the Town of Southold, Suffolk County, New York: In accordance with the Notice to Bidders dated October 22, 1985, inviting proposals for the Collection, Storage, Removal and Purchase 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 January ! 1, 1986 to December 31, 1986, and subject to all the conditions and require- ments 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 one year (Fiscal Year 1986) $ ($ ) Dollars which is to be paid to the Town of Southold in three (3) equal installments as follows: (a) One-third (1/3) on January 1, 1986. (b) One-third ( 1/3) on May 1, 1986. (c) One-third (1/3) on September 1, 1986. ti 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; -1- Page 2 - PropcTsal - Scrap Metal (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 signator of this i bid or proposal on behalf of the corporate bidder. i r � By submitting this proposal, the undersigned understands and agrees that the Town Board reserves the right, in its absolute discretion, to accept i 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 1986. I i Signature Title Firm or Corporation Address -2- ' L 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: Sale and Removal of Scrap Metal 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 1985. Secretary 4 (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