Loading...
HomeMy WebLinkAboutRoad Treatment - Type 6 Top$.25.00 fee for specifications~l~t refundable) (includes postage) ~ BID - "TYPE 6 TOPn ASPHALT CONCRETE BID OPENING: 10:00 A.M., Thursday, June 6, 1996. 5/28 1. John T. Montecalvo, Inc.,, 48 Railroad Ave., Center Moriches, NY 11934 325-1492 5/29 2. Corazzini Asphalt, Inc., P.O. Box 555, Cutchogue, NY 11935- 734-5600 6/3/96 3. LLL Industries, Inc. 19 B Stiriz Rd., Brookhaven, NY 11719, Linda Lyon, Pres 286-3222 6/4 q. Bi-County Paving Corp., 701-9 Koehler Ave., Ronkonkoma, NY 11779 737-4600 Daniel Carey JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 17, 1997 Corazzini Brothers, Inc. P.O. Box 555 Cutchogue, New York 11935 Gentlemen: Inasmuch as your annual contract with the Town for asphalt concrete has expired (6/11/96-6/10/97), I am returning herewith your original Performance Bond and Payment Bond. Very truly yours, Southold Town Clerk Enclosures THE AMERICAN INSTITUTE OF ARCHITECTS Bond ~025002508 AIA Document A372 Performance Bond ,-Xny s nguiar re,~erence to ContraCor, St;re!v, Owner or other ~a,"r/s~aH be considered ptural where applicable. CONTR%CTOR :Name and Address;: Corazzini Brothers, Inc. 100 Lupen Drive/Cox Lane Cutchogue NY 11935 SURETY(NameandPr~ncipalPlaceofBusiness): Amwest Surety Insurance Company 140 Broadway 21st Floor New York NY 10005 Town of Southold, Inc. PO Box 555 Cutchogue NY 11935 CONSTRUCTION CONTRACT Date: Amount: $10,000.00 Lescr:ph0r, ~Nameand Location): Provide necessary labor, materials, equipment and incidentals. Required to furnish and place asphalt concrete for the Town of Southold Date ~No: earher than Const,'uction Contrac~ Date): August 5, 1996 Amcunt: $10,000.00 Modifications to zhis Bona: ,, CONTRACTOR A5 PRINC:P,~./ ~ompan;' ' // / (Corporate Corazzini B~r.o~e~s,' Inc. ",;/ / Signature: ..... Name an~ Titie: / / (Any additionai sig,'atures appear on pa§e b ~ None T~ See Page 3 SURc"TY Seal) Company: (Corporate £eall Amwest Suret~ Tn~'~ Attorney in Fact F;OR INFOR^,IAT.:O,~' ONLY--.'Jame, Add:ess and TeiepnoneJ AC:NT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other I The Co~tractor and the Sure~, iointiv and severally, bind themselves, their heirs, executors, administrators, !,uccesscrs and assigns ~'a the Owner for the pe~ormance of the Construction ContracL which is incorporated hereto by reference. g If the Ccntracsor pe~orms the Constm~ion Contract, :he 5~ret¥ and the Contra~or shall have no obligation provmded ,n 5UOOara~raoh 3 {f there ~s no Owner Default, :he 5:ure~'s ob~i8atton unaer this Bond shall arise after: 3.1 The Cwner has not~fied the Contra~or and the 5urew a: :ts address descr:0ed ~n Paragraph 10 below ~hat the Cwner ~s consJderin8 declaring a Contractor Default and ha~ ?eeues[ed and anempted to anange a conference with the Contractor and the 5u~ to be held ncr la,er than fifteen ~ays a~e? r~eipt o~ such notice :o disc~s metnoos of aer~o?m:n~ tge ~nstruc. :~on Corotar. ~f me Owner, the Con:razor a~d the 5u?ezy agree, the :on,factor shall be eUo~d a ~eason- 3Die time to pe~orm the Constru~ion Contract, but such an aBreemen: shall no~ waive the Owne~ ~ ~ht, a~v. subsequent~'f to dec are a Contractor Default; and 3.2 The Ov,'ne? nas declared a Contractor Defauit and ~or~ahv terminated :he C~ntractor's rmgh~ mcompiete :he contra~ 5uc~ ~on:ra~or ~efault shail not be de- clared earffer t~an ~en~ days a~er me Con:ra¢or a~d :he Surety have received ~odce as provmded ~ 5uO- p~ra~raph 3.~: and 3.3 T~e O~ner nas agreed to ~ay the ~ala~ce of the Cc~rac: Price to the 5ure~ in accordance with the ~erms of :he Construction Contrac~ or :o a contractor selected :o oe~or~ :he Cons:fusion Contract ~n accor- dance wi~h the :er~s of the cOntra~ with the 4 When the Owner has ~atisfied the co~ditmns of graph 3, the 5urew shah prompdy and at ~he Su?ew's ex- pease take one ~f the ~oH~*i~B 4.1 Arrange for the Contractor, with consen~ of the Owner. to ~er~or~ anO complete the Contras; or J.2 L'noe~ake ~¢ perform and ¢omoJete the Coflstruc- t~on Contract itself, :hrou8h mrs a~ents or through inde- 4.3 Obtain b~ds or negotiated proposal~ from qualified comractors acceptable to the Owner for a con~ra~ for perfor~ance anO comoletion of the ~n- s:ru~on Comrac:, a~ran~e for a con~ra~ to be pre- oared for execution ~.v :he Owner and the contractor which it mw be liable to the Owner and. as soon as praCticable after ',he amount fs ~eter- mined, tender payment therefor to the Owner; or .2 Deny {iabili~ in whole or in pan and not=fy Owner c~tJng masons therefor. 5 If the SureW does not pmceee as pmvideo in 4 w~m reasonable ~rom~ness, the Surety shaii be deemed to De m defaul~ on this ~d fi~een days after receipt o~ an additional wri~en notice hem the Owner to the Surety oemand[ng that the Sur~ perform its obligations un~e~ this 8ond. and the Own~ ~ail be endt~ed ~o enforce remedy avadabte ~o the ~er. Ii the 5ureh/proceecs provided m Suboa~graph 4.4, and the Owner refuses :he . payment tenderec or :he Surety h~ denied liaO?ilt~. whole or in part, without fu~er notice the Owner shaU be emitled to enforce any ~y available :o the 6 After :he Owner has t~inated the Co~:ramor's r:~nt to complete the Constru~mn Coetra~. ~nd if the Surety ele~s to a~ unaer Sub~raph 4.~, 4.2, or 4.3 above. t~en the respons~biliues ~ the Surety to :hr ~vner not be ~reater :hah those of the Contramor under Construe:ion Contract, and the respoesibHiUes of '~e Owner to the 5ure~ shall ~t be greater than :~ose o~ Owner unaer :he Constru~on Contract. To the limit of :he amount ot t~is ~ond, ~ut ~bjem to commslmen~ bY Owner of the Balance of :he Comract Price :o mitJ~azmr c cos[s and dama&es on the C0ns~ru~mm Comr~ct. the SJre- ~ is obliga[ea withou~ dupficatian for: 6.1 The resDons~bilities of the C~,t~cmr for corr~c- :ion of cefecdve work a~d completion of the Co~s;r~c- lion Contrac:; 6.2 Additional legal, design ~roJess~onal and costs resultin8 from the Contrac:or's Defaul:, and 'e- suiting from ~he actions 0r fail,re :o a~ of the ~ure~ under Paragraph 4; and 6.3 Liquidated damaees, or ff no ~iquidateo damases are soec~fied in :he Cons~u~ion Contram, ac:ual a~es cause~ ~ delayed performance er non*per~cr- 7 The 5u ret~ shah no~ be li~e to the Owner or ethers mr obli&afions o~ the Camra~or~at are unre~a:ed to the Con- stru~mn Co~trac~, and :he ~lance of the Contract Price shall not be reduce~ or set off on account of ~n~ suc~ ~nrelazed obligations. NO ri~ of a~on shall acc~e o~ this 8ond :o any person or e~ other :hah the Owner or its heirs, executors, admJnis~ors or successors. 8 The Surety hereby waives no:~ce of any change. ~ changes of time, to the Construction Contra~ or ~c lions. 9 Any p?oceed~nB, leBal o~ ~uitabie, unoer this may be i~stlt~ted mn any cou~ of comp~tem jurisdiction ,n the iocatJon in which the ~ o? pa~ of the work is and shah be ~nstituted withia ~ years after Defauit or within ~o years alley [he Co~frac~ot ceased wo?kin~ or within ~o ~ears ~er th~ Surew ~efuses or to pe~orm its obligations u~er this Bond. whichever c~rs first, if the provisions ~ this ParaE?aoh ate vomc or prohibitee b~ law, the min{~m peno~ ~f ~imi~atmn abte to sureties as a defense in the iurisdiction of the suit ~hali be applicao~e. t0 Notice to t~e Sure.W,, the Owner or :ne Contractor shal~ be mmleo or deiivered to the adaress .~hown on the nature page. 11 When this 8o.-.d has been furnish~ :o comply- with statutory or other lesal requirement in t,e )ocatlon where ~he construction was ~o be pe~ormed, a~v provisloP in ~ond confli~Jng with said statuto~ or ~egal requ~reme,~ shall be deemed de)oreo herefrom ant provisions con- forming ~o such sta~ut3w or o~her legat requirement shall be deemed incorporated herein. ~e intent is [hat 8on~ shall be construed as a st;tu:o~ bond and ~o~ as common law bond. 12 DEFINITIONS 12.1 Bala~:e o~ the C~ntract Price: ~e ~otal payable by the Owner to :ne Co~tra~or ~n~et Comstruc:~on Contra~ after all pro;er adius~mems have been made, ~ncludi,~ aJlowa,~ce to t~e Con- tractor of any amounts received or tO be recewed by the Owner in settlement of insurance or other daim~ for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- trac~. 12.:Z Construction Con,;tact: The agreement between the Owner and the Contractor identified on the nature pa§e, inctudin§ all Contract Oocumen:s and changes thereto. 12.3 ContracTor Default: Failure o{ the Contractor, which has neither been remedied nor wawed. :o per- form or othet~vise to comply with the terms pt'the Construc':ion Contract. 12.4 Owner Default: Failure of the Owner, which nas neither Seen remedied nor waived, to pay the Con- tractor as required by the Construction Contrac:', or to perform and comptele or comgiv wath the other terms thereof. ?dODIFICATIONS TO THIS BOND ARE .RS FOLLOWS: ($~ar.e ~s provldec beiow for additlonai $i~zna:ures of added oanfes other than those appearing on the cover page.) CO~TRACT©R AS PRfNC:PAL S~R~Y Company: ~ ~C~orate 5eah C~mpany: Name aq~ v ~, ~ame aod Title: ~ddress: Address: (Corporate Seail LIMITED i-'OWER OF ATTORNEY 7-0%97 0000621302 Rs true and lawful AUomey-/n-fact. w/~ limited power and au~ority fl~to if a seal h mqu/md on bonds, trade.kings, recognizances, the nature thereof as fol[o~ Coatrnd (Perfonnan~ & hqment), C, art, Subdivbion $ * *s,00o, o~o. oo Llzeme & Permit Beads ~p te Mbcebtneoas Bonds ~p *o S**S,O00,O~O. O0 SnmB Busim~ Ad~ Cmsrunteed Bonds up to $* of the company ~qd to bind the company thereby. This appoiflnneflt is made under and t~ I, t~e unde~si~aed secr~ary of A.,nwut force afld effect an provisions of the ~y-Lav~ of~he Coppery, a~e now/n BondNoO2§002508 This POA is signed and sealed by Company at a meeting dui) RESOLVED, autho~t~ of thc Compan) revoke any POA RESOLVED FURTHER (i) when signed by (ii) when signed by ~he Pmsidmt or m (iii) when duly by the powe~ of a.qome RESOLVED FUR'DtER. that the s of Attorney remains in full h on lttis Power of A~omey, and b~t the r~levant ~ the Boa~d of Dkecto~ ofAmw~st Su~'y Insurance Assistant Sec~n~, rn~y appoint a~omeys-in-fact or agents w~t~ for and on behalfof~e ComMmy, to execum and delive~ and affix the seal of ali kin~; and s~id office~ m~y r~nove any such a~orney-in-fact or ngent and the~of author/z/rig the execution an , bon~ unde~n& recognizance, or mher suretyship obligations of the Comlmr/; and such signature and seal when so used shall have the same force and eff~c~ ~ though manually affixed. IN W1TNESS WHEI~OF, Amwest Surety Insunmce Compm~y h~a caused ~se pmsems to be signed by its proper offi~, ~d i~ ~ ~ ~ ~ hem~m John E. Savage, Pre~de~t Ka~n O. Cohen, Secreuw/ State of California County ofLo~ An~ele~ On December 14, 1995 before me, Pe~y B. Lotion Nota~ Public, personally appeared John E. Savage and Kaz~ G. Cohen, pe~onnJly known to me (or proved to me on the b~zis of s~isf~c~oty evidence) to be the per~on(s) whose name(s) i~/afe subscribed M the within Insffmnent nmi ncknowiedge~ to me ail lhat he/sh~/?? executed the ~nme in his/her/~r authorized cap~ity( of which the ~n($) acted, exegu~d the mslmme~t. · ~.~'- ~ 995 ]O~ .-------///.\\~ STAT~ OF NEW YO~Jf } SS County of ~/~, ~. } _ _ on this ? day , % , m~'kno~, who being by.me duly ~o~ d~d ~ose ~d say; O ~ ~ ~ ~',~; ' ~.~ ~ ~e co~oration described in and welch ~xeca=ad ~e foreqo~g ~s~t; ~at ~e ~cws ~a seal of said co~oration seal; affixed by order of ~e Board of D~e~crs of said co~oration and ~e ~e si~ed ~is or, er. STATE OF NE~W YORK } ss County of NE~ YORK } On t~his da,.; of , 19 ~ , before me personally c~e Scott Adams to me k~cw~, who being by me duly sworn did depose and say ~a= he resides in Mend/~am. NJ ; th. hat he is At:orney-in- fact of AMWEST SURETY INSURANC~ CO.ANY, the corporation described in and which executed the within instrument; t~hat 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 Soard of Direct. ors of said corporation; and that he signed his name thereto by like order; and that t~%e liabilities of said Company do not exceed its asse~_s and asceruained in the manner provided in Section la3 of ~he Insurmnc~- Laws constituting Chapter 33 of t~he Consolidated Laws of the State of New York Irma Lassalle Notary Public Stats of New York Qualified in Queens County Commission Expires May 20, 1997 FINANCIAL STATEMENT- DECEMBER 3`1, '1995 AMWEST SURETY INSURANCE COMPANY ASSETS Bonds Preferred stocks Common stocks Mortgage loans Reat estate Cash on hand and on deposit Short term investments Other invested assets Agent's batances Reinsurance recoverable EDP equipment Accrued interest Intercompany receivable Other admitted assets $77,507.487 9,403.900 11,503.953 141.008 1,269,218 (2,546,986) 3,256,884 344,765 7,219,282 763,162 756,352 1,124,893 31,040 3~199,872 UABIUTIES. SURPLUS AND OTHER FUNDS Losses and Loss adjustment expenses $ 9,903,388 Contingent commission 2,130,841 Other expenses 4,409,184 Taxes, licenses & fees 254,746 Federal income taxes payable 224,247 U~eemed premiums 27,552,897 Funds held on account of others 32,686.742 TOTAL ASSETS $113,974~830 TOTAL LIABILITIES $77,162,045 Capital Stock 4,000,000 Surplus note 10,000,000 Paid-in surplus 6,590,000 Unassigned funds 16,222,785 Surplus as regards policyholders 36~812,785 Total liabilities and surplus $113,974,830 STATE OF COUNTY OF John E. Savage, President of Amwest Surety insurance Company, being duly sworn deposes and says that he is the above described officer of said Company; that said Company is a corporation duly organized, existing and engaging,in business as a surety company under and by virtue of the laws of the State of Nebraska and has duly complied with all requirements of the laws of the said State applicable to said Company and is duly qualified to act as Surety under such laws; that the above is a tree statement of the Assets and Liabilities of said Company of the 31st day of December 1995. Subscribed and sworn to before me this Nota~ John E. Savage President lsdkJtcsfs.301 THE AMERICAN INSTITUTE OF ARCHITECTS Bond #025002508 AIA Document ,4312 Payment Bond Any i:n§ula: reference :9 Contractor Surety. Owner or other party Si'loll be considere~ plarai where aDplicabie. CONTRACT. OR~ameanc ~ddress): Corazzini Brothers, Inc. 100 Lupen Drive/Cox Lane Cutchoguq NY 11935 SURETY (Name and PrindpaJ Place of Business): Amwest Surety Insurance Company 140 Broadway 21st Floor New York NY 10005 OWNER ',Name :nd ACc/res-~;: Town of Southold, Inc.. PO Box 555 Cutchogue NY 11935 CO.~$TRUCT:CN CO~T~ACT {Date: Amount: $10,000.00 Desc::pfion (~ame and Leto:ion): Provide necessary labor, materials, equipment and incidentals. Required to furnish and place asphalt BONO concrete for the Town of Southold 'Date !No: ear;Jet than Construction Con:rat Date): August 5, 1996 - Amoun:: $10,000.00 .'vlodificaYJons :C, this laond: ~[None ~ Sea. Pa§e 6 CONTR~.CTC?R AS PRINC.~IPrAL, SURETY Company: ,/~/ (Cor~oora~e Seal1 Company: (Corporate JeaJ) Corazzini B~S, Inc.../ ~est Surety Insur~ce C~ Name a~o TkJe. ~ / Name and Title: Scott Ad~s Attorney in Fact (Any addifioqal zJ~natures appear on page 6) (FOR I~FOR~¢A TION O~L Y--N~m~, Ad~r~$ ~nd telephone) ACENT or ~ROKER: OWNER'5 REPRESENTATIt'~ (Architect ~n~ineer or ot~r ~ar~y): 1 The Contractor and the Surety, iomd¥ and severally, bind themselves, their heirs, executor.~, admmistrators, successors and assigns to [he Owner ~o pay fo~ Jabot, materia~ and e~u~pmem furmshed for use in ~e perfor- mance of the Construction Con~ract, which is ~ncor~ rated ~erem by reference. 2 With respect :o the Owner, chis obligation shah be ~ull and vo~d ~f the Contractor: 2,1 Fromodv makes payment, directly or indirectly, for aJJ sums due C~aimants. and 2~ Defends, indemnifies and ~lds harmless :~e Owner from claims, demands, Hens or sui~ by ~ny ~erson or entity whose dais. demand, lien or suit is for the ~avment for Jabcr~ materials or ~ui~ent fur- nished for use m :he pe~ormance of the Conduction Con:tact, provided the Owner h~ promptly notifi~ the Contractor and the Sure~ (at me address described Jien~ or sui~ and ten~erea defense d such claims. demands, liens or susu to the Contra~ot ~d the Surety, and ~rovided there is no ~ner Def~J:. 3 With re, aec: to Claimants, thss oblisatio~ sbeiJ be nuU and void if the Con.ac:or prompdy m~es pay- ment, directly or indJrecdy, for all sums Bur. 4 The Surety shai/ have no obJigati~n to ~aiman:s under :his 8ond 4.1 C;a:man~ who am em~lov~ b~ or have a direct contrac: w~:h :he Con:rac:or have &iven n~lce to the see: a cody, or not, ce :hereof, to the Owner. stating that a claim ~s bern8 made under :his Bond and, wit~ suBstamtlat accuracy, the &mount of the cia~m. 4,2 Cla~m~M wee do not have a airec: co.rat: w~th :he Contractor: .1 Have furnished written notice :o the Con- tract.~r and sen: a copy, or nO. ce thereof, to the Owner. w~thln gO days aft~, having las: performed [a~or or 'asr ~urnmheo materials or eclu~Dment included ~n the claim scatin& w,th substantial accuracy, the amount of the claim are the name of the part~, to whom :he ma:enais 'were furnished or supplied or for whom :he iabor was done or penormed: ~nd .2 Have either received a rejection in whole or in oar: from :he Contractor. or not received withm .~O days of furnishing the above no- t,ce any commumca:ion from We Ccu'~-actor by which the Contractor has indicated the claim wil; be pa~d directly or inc~irectly; anc~ .3 N~t hawng =ee~ paid w,thin the above 30 d~ys, have sent a wrr~ten notice ~o the Surety :at the address described in Par~raph 12] and sen: a copy, or notice thereof, to the Owner, stating t~a: a claim is being made under this Bond and er, cios~ng a co~v ~ the previous wri~en notice furnished to :he Contractor. ~ If a notice reou~red by Parasral~h 4 is ~iven by the Owner tc :he Cch:rat:or or :o the Surety. '.ha: is sufff- cient :omDliance. 6 When the C~aimant h.M satisfied the conditiors of Paragrao~ 4, the SureW shall promptly and at the Surety's expense take ~e following actions: 6.1 Send an ~nsw~ ~ the Claimant. with a copy to the Owner, within 45 ~ys a~er receipt of the c~aim, statme the amounU ~t are undisputed and ~e bas~s for challenging any ~oun~ that are dispu~ed. 6J Pay or arrange f~ payment of any undisouted amount. 7 The Surety's total obligatmon shall not exceed amount of this ~ond, and tho amount of :his Bono shall be credited for any payments made in good faith by the Suretv 8 Amounts owed by the Owner to the Contractor ur, der the Construction Contract shall be used for the pen:or- manor of the Cons:zuct~n Contract and to satfs~, claims. if any, under any Cons~uctlon Performance 8end. ~v the Contractor furnishira~ and the owner accepting this )ond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond. subject to the Owner's prior. icg' to use the funds for the completion of the work 9 The Surety shall not be )gable to the owner, Claimants or other~ for obligatior~s of the Contractor that are unrelat- ed to the Construct)on Contract The Owner shaIJ not ~e liable for payment of ~ cost~ or expenses of any Clam- ant ~nder this Bond, and shall have under this Bond no obh- gatlons :o make payments to. &ire notices on behalf of. or otherwise have poi!gorgons to C:a~mant~ under this Bond. lOThe Surety hereby waives notice of any change. inciuding changes of time, to the Const~"uction Contract or :o retated subcontracts, purchase orders and other ob l igations. 11 No suit or action shall be commenced by a Claimant under this Boed other than ~n a court of competent iun~- di~on in tne location in which the work or par~ of :re we~ Is located or after :he e~pirat~on of one year from ~e date ,.9 ) on which the C]aimant gave the notice reduired by SuhoaregreOh 4,1 or Clause 4.2.3, or (2! on which the ;as: labor or sOn, ice wa~ oedormed by anyone or the last ma:e- rtais or e~uioment were fumi~ed by an'one under the Con- strut:ion ContracL whichever of. (1) or (2) first ocaurs. If the provisions of this Paragraph am void or ~rohibited by iow, the minimum period of limitz~on avaUable to sureties as a defense in the iudsdic:~on of the suit shall be aoplicable. 12Notice t.o, the SureW, ~e Owner or the Contrac:or grail be mai~ed or deiiveredto the address shown on signature page. Actuat receipt of notice by Surety, :he Owner or the Condoner, ~ever accomplished, be su~icient comolience ~ of the date received at the addre~ shown on :he s~ena~re page. 13 When this Bond has be~ furnished to comply with a statu:orv or other ieBat requi'ement In the Jocatton where the cons~ruc~9on was to be peformed, any provision in th)s l~ond confiic:in& w!th said s~tu~r~ or legal requirement sha[I oe deemed oeieted herefrom and prows~ons cot,- forming to such statut~ or ether legal requirement be de~med incorporated herein. The intent is *.hat Bond shall be construed as a statutoh, bond and not as a common iaw bono. 14 L~pon reduest by any pers~,'~ or emir,' ~oearing to be a ~ote,'t!a~ bene:ic~aff o{this -~ond, the ~ontra~or shall promp~w fu rnmsh a cody of thls Bond or shatl permit a copy to Oe made. 15 DEFINITIONS 1,~.1 Claimant: An !ndiwdu~J or entity having a direct. contract with the Contractor er w~th a subcontractor of :ne Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The in:eh', of this 8ond shaJi be to ~nclude without ~imita- :,on ;n the terms '*labor, materials or equipment" that part of wa:er, gas, power. I~ght, heat, oil, gasoline, :eie~0hone service or rental equipment use~ in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's suocontractors, and all other items for which a mechanic's lien may 0e asserted in the lurisdiction where the labor, materials or equipment were furnished. 1.5.2 Constructlon Contract: The agreement be~.een the Owner and the Con,tractor ~dentifled on the ~ig. nature page, including all Contrac~ Documents anc changes thereto. 1S.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, :o pay the Con- tractor as recruited by ttte Construction Contract or to perform and complete or compty with the other terms thereof. MODIFICATIO~',IS 1'O THIS BOND AR~ A~ FOLLOWS: ,,'Space is provided below for ~ddifionai signatures of added parties, other than those appearing, on the cover CONTRACTOR AS ~RINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate [;gnature: Si§nature: Name aha TItie; Name and Title: A,~dress; Address: ': LINlJ_TED P OWER OF Amw~-~ Suraty insuranc~ Company ~,~.~o. o^~ 7-0t-97 ,o,.~R ~.. 0000621302 (212) 344-7720 Contraet (Performance & Payment), Court, Su I~asion Bond ~'o025002508 This POA is signed and sealed b~ Company at a meeting dui) RESOLVED, that the President or authority u defined ~ of~e Comply (i) ~ sign~ ~ ~e (ii) when si~ ~ ~ ~i~t or (iii) when duly ~SOL~D ~R~ ~at ~e s 1975: now in full fore: and effect, Karen G. Cohen, Secreta~ ~ · vaikl and bind upon thc Company: ifa seal be required) by ~ny Secre~ or Assistant Secrmty; or , or Assistant Secretory, and count~sigaed ~nd sealed (ifa seal be required) by a duly thereof authorizing y of any bond, undertaking, r~cogn~nce, o~ other su~tyship obligations of the Company; and such signature and seal he/she/they executed the same in his/her/their authorize~ capacity(ies), and that b.v his/ber/thek sigaam~eB) ~n d'~ in~ru~enuhe,~-"rson/~ o~the&nti~' uRo.~ehal~ of which the oe~sonfs) acrid, executed ~he ins~'umenC t ~ IllL:~ I U~I~:~I [· M STATE OF NEW YOR/( } } ss On this day of ~,, ,'~ 19 9"(,, " before me person.ally came~;c~a.~ m~'known, who belng by me duly sworn ~d de-=pose and say; that he resides in ~,.T~3~.~,. and that ---he is of 0. ~ ~ : ~. (:~,."t'%.~_ r... ,'~".-.~ ~Jae corporation described in and whlc.~ execu=ed, ~2~e foregoing i~st-~me~t; that ~he knows the seal of said corporation seal; t~at it was affixed by order of ~,he Board of Directors of said corporation and the __be signed ~/s ~a~e thereto by 1/ke order. Ncr. ary Public STATE OF NA~W YORK } ss County of N~ yORK } personally ca~e Scott Adams =o me kl~own, who being by me duly ~worn did depose and say Men~m, NJ fac= of ~EST S~ETY ~S~C2 ~, ~e co~oration described ~ ~d which ~xe~ted he ~ows ~e sea! of said co~oration; ~at ~e seal affixed to said inst~ent is such co~orate seal; ~= it was so affixed by order of ~e Bo~d of D~e~ors of said co~oracion; and ~at he si~ed his ~e ~eto ~ l~e order; ~d ~a= ~e liabilities of said C~y 4o act ~ceed its assets and asc~ained ~ ~e ~ provided ~ Section 183 of ~he Instance Laws constitu~g ~apt~ 33 of ~e Consolida=ad ~ws of ~e State of ~ew ~ork Irma Lassalie Notary Public State of New York Nc.41-4981679 Qualified in Queens County Cc~--misslcn Ex~ires May 20, 1997 No=ar%~ubiic FINANCIAL STATEMENT- DECEMBER 31, 1995 AMWEST SURET~ INSURANCE COMPANY ASSETS UABILmES. SURPLUS AND OTHER FUNDS Bonds $77,507,487 Preferred stocks 9,403,900 Common stocks 11,503,953 Mortgage loans 141,008 Real estate 1,269,218 Cash on hand and on deposit (2.546,986) Short term investments 3,256,884 Other invested assets 344,765 Agent's balances 7,219,282 Reinsurance recoverable 763,162 EDP equipment 756,352 Accrued interest 1,124,893 intercompany receivable 31,040 Other admitted assets 3,199,872 Losses and Loss adjustment expenses $ 9,903,388 Contingent commission 2,130,841 Other expenses 4,409,184 Taxes, licenses & fees 254.746 Federal income taxes payable 224,247 Unearned premiums 27,552,897 Funds held on account of others 32,688,742 TOTAL ASSETS $113,974,830 TOTAL MABILITIES $77,182,045 Capital Stock 4,000,000 Surplus note 10,000,000 Paid-in surplus 8~590,000 Unassigned funds 16,~22,785 Surplus as regards policyholders 36,812785 Total liabilities and surplus $113,974,830 / ; K~E John E. Savage, President of Amwe~ Surety Insuran~ Company, ~ing duly ~om deposes and says that he is the above described officer of said Company; that said Company is a corporation duly o~aniz~, exi~ing and engaging 4n busine~ as a surety company under and by vidue of the laws of the State of Nebraska and has duly compli~ ~th all r~uirements of the laws of the aid State applicable to said Company and is duly qualified to a~ as Surety under such laws; that the above is a true ~atement of the Assets and Liabilities of said Company of the 31st day of December 1995. Subscribed and sworn to before me this ~ ' ' day of /~- ,1996 Notary /sdk/tcsfs.301 John E. Savage President AGREEMENT made this 11th Day of .June 1996, between CORAZZINI BROTHERS. IN(;. with its principal office and place of business at Route 25, Greenport, N.Y. 119~1~1 , hereinafter called the Contractor, and the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, with offices at 35095 Main Road, Southold, Suffolk County, New York, hereinafter called the Town. WITNESSETH, that the Contractor has agreed to provide all necessary labor, materials, equipment and incidentals required to furnish and place asphalt concrete for the Town of Southold in accordance with the requirements of the specifications for bid, at the following unit prices: Furnish S .Place within Sotuhold Town 0-350 tons: $50.50 350-650 tons: $~7.75 650-1,000 tons: Over 1,000 tons: Furnish S Place on Fishers Island 0-350 tons: $110.00 350-650 tons: $85.00 650-1,000 tons: $70.00 Over 1,000 tons: $70.00 The above specified contract shall be for a pedod of one (1) year from the 11th day of June 1996 through the 10thday of June 1997. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above wdtten. TOWN OF SOUTHOLD BY ~ean .W~o~aC~,~sor / (1) ~TATE OF NEW YORK) COUNTY OF SUFFOLK) .On the day of 4:~ -, 1996, before me personally came de~cdbod in and which ox~cuted th~ fore~oin~ in,tremont; ~at he knows the ~eal 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, State of New Yo~k No. 62-0344963 Qualified in SuffoLk County_ ./'~ Commission Expires May 31, 1~ // STATE OF NEW YORK) SS' COUNTY OF SUFFOLK) - On the llth day of June , 1996, before me personally came JEAN W. COCHRAN, to me known, who being by me duly sworn, did depose and say that she resides at Boisseau Avenue, Southold, New York, that she is the Supervisor of the Town of Southold, the corporation described in and which executed the foregoing instrument; that she 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 the Town of Southold, and that she signed her name thereto by like order. JUDITH ~: TERRY Notary Public, State of New York .No. 52-0344963 . Ouehfied in Suffo k Coumy ,~,~.~, ,,~mlmission Expires May 31. ~9.~/ (2) PRODUCER INSURED CERTIFICATE INSURANCE Briso~ & SilkwoHh, Inc. 8400 Main Road P. O. Box 1448 Ma~tuck, NY 11952-0925 COMPANIES AFFORDING COVERAGE ~'r~ A wr mrt~ord COMPAHY t~rr~ B ~ Hartford COMPANY Corazzini Asphalt, Inc. Lm~a C Cuu:hosue Materials, Inc. co~nnNv ~ D n~ mrt~ord 100 Lupen Dr. P. O. Box 555 COMPANY Cutchogue NY l !935 Lg'l'rgR E 11122196 12UENCR~640 11/22/95 11/22/96 DESCRIPTION OF OPERATIONS~LOC ATIOnSarEI~CLI~PECIAL rl~MS. PAVING CONTACTOR CER'r~ICA~ HOLDER IS N~ED ~D~ON~ ~S~ ON ~OVE ~S~CES ~C~ WO~S CO~ENSA~ON ~CY ~Rrm~CA~ HOLDER CA~EU~'flON TOWN OF SOUTHOLD i!i~! tOR ATT: TOWN CLERK iiiii~i::iii IT~ AGENT~ OR~t~NTATIVES. P.O. Box1 SOUTHOLD NY 11971 :ill! THE AMERICAN INSTITUTE OF ARCHITECTS Bond ~025002508 AIA Document A372 Performance Bond Any slnguJar reference to Contrac:or, 5u:et¥, Owner or other ga,m/ shaft be considered plural where appilcab/e CONTRACTOR Name and Address;: Corazzini Brothers, Inc. 100 Lupen Drive/Cox Lane Cutchogue NY 11935 SURETY(NameandPrfncipaJ?laceofBusJneJs): Amwest Surety Insurance Company 140 Broadway 21st Floor New York NY 10005 OWNER iName ant ,~,~,-. ' ' A, .....SL Town of Southold, Inc. PO Box 555 Cutchogue NY 11935 CONSTRUCT, ION CONTRACT Date: Amount; $10,000.00 Description ,Name and Location): ,Date ~No~ earhe, ,.'hah Construction CDntract ,Date): AmeunT: $10,000.00 Modifications to mis 8ona: Provide necessary labor, materials, equipment and incidentals. Required to furnish and place asphalt concrete for the Town of Southold August 5, 1996 None Bee Page 3 SUR~'-TY Compan;: // /" fCorporate Seal) Company: (CorporaTe Beali Corazzini Srot-He~s. Inc. Amwest Suret~ T~ 5i,:'natu,e: v. '""""""""'~ ~'>- '3' ~ure: ~ --' / Name aha T;tJe: Scott Adams Name and Ti:~e: - / ..- Attorney in Fact ~n~ ad~.,,ion,~, ~i~?atures appear on pa~e 3~ ,'FOR /,N'FOR,~.IA T,~O,',.' ONL'Y--.'.~ame, Ad:-e55 and reJer~noP, e) AGENT or BROKER: OWNER'S ~EPREJ~NT,ATIVE ;Architect, Engineer or other parw): t The Contractor and the Surety, ioinflv .1nd severaiiy, bind t~emsei~es, t,~e~r heirs, executo,'~, administrators, ~c~esscrs and assigns :c the Owner ~or ~he pedormance of the Co~s:ruc:~on Con:rat:. which is incorporated hereto by reference. 2 Ii the Ccn~r~c:or ~erforms ~he Construction :he 5~rety and the Conrra~or shall have no obligation unee~ :his Bond~ e~cep: to participate in comere~ces as ~rowded ,n 5~aragra~h 3.~. 3 :f there is no Owner ~e~auit. :he 5ure~'s unaer ~h~s Bond s~ali snse after: 3.1 The Owner ~as notified the C::ntra~or and the Surety at :cs ad~ress descr:be~ ~n Paragraph 10 ,hat th~ Gwner ~s considering ~ecla~n~ a Contractor held nar la~r (hah flft~n aays a~er r~eip~ o~ such an ag;eeme~: shall not w~ive the Owner i right, any subsequently to dectare a Contractor De. It; and 3.2 The Ov..ner nas declared a Contractor OefauJt an¢ ~3r~a~V terminated :he Contrac~or's n~h: ~o compiete t~e contra~ Suc~ Contra~or Default shail not be ~e- the Su~e~y h~ve ~ceived no:ice as p~w~ed ~n paragraph ~.~; and 3.3 T~e O~ner ~as a~reed to ~ay the Balance Con~ract Price :o ~be Surety in accordance ~dth 4 When the Owner has satisfied the conditions of Pnra- gra~ S, the Surety shah prompdy anO at ~he Sure~'s ex- 4.1 Arrange for the Contra~or, with consenl of :he t~on Contrac~ i~setf, through its a~ents or throug~ 4.3 Obtain b,Os or ne8oHated proposals from Cons:ruc~ia~ Can~rac:, and pay to the Owner the 4,4 Waive ~:s r,~t to perform and comole~e, arrange which it m~' be liabte to the Owner and. as soon as prac~icab!e after tr~e amount ,saeter. mined, tender payment therefor to :he Owner; or .2 Deny liabilit~ in whale or in par! and no~fy Owner Cilag m~ons therefor. 5 Hthe Sure~ does no/pmceea as provided in Paragraph ~ w~th reasonable ~rom~ness, the Surety shaii be deem=¢ to oe in default on ~hfs Bond fi~een days after receipt a~ an adCilionaJ wrJEen notice horn the Owner to the Surer5 aemanding that the Sur~ perform ils obligations unoer ~is Bond. and the Owner ~aJJ be entitled ~o enforce acv remedy available to the ~er. If the Surety procee¢s provided ~n SubaaraBr~ph 4.4, and the Owner refuses the paymen[ tendered or the Surety has denied liab]Ht~. whole or In pa~, without fu~er notice the Owner sh~li be entitled to enforce any ~y 4variable to ~he Owner, 6 After the Owner has te~inated the Con:Factor s to complete the Constru~lo~ Co~%ract. and if the elems to mm under Subparagraph 4.~, 4.~, or 4.3 above. then the responsibilities ~ tMe Surety ~o th~ Owner stall no~ be grealer chon thost of the Contra~or under Construction Contract, a~d :he respo~sibdities of '~e Owner to the Sure~ shall ~t be grea~er than :nose ot Owner unaerthe Cons[ru~o~ Contract. Ta the llmit ~f the amount of tMis ~ond, but ~b~em to comm~tmem by ~e Owner of the Balance of :heConJrac: Price ta m}tJ~aTmr costs and damages on the Constru~lon Con:rmcL :ne Sure- ~ is obJiBateB without dup6cafian for: 6.1 The responsibilities of the Contractor for corr~c- lion of defective work and completion of ~he Construc- tion Contract; costs resulHn~ from the Contrac:or's Default, and ~e- suhint from :he actions or failure :o a~ of the under Paragraph 4; and 6.3 Liquidated damages, or if no liquidate0 damages are s~ecified in :he ConsmJ~Jon Corotar. ac:ual a~m- a~es cause~ ~ delayed ~erformance er non-~e,*cr. ~ance ot rna Contra~or. 7 . The 5ut~? shall nol be li~e to the Owner or cthers obligations of the Contra~or ~at are unrelated ~o t~e Con- struc:ion Co~trac:, a~d t~e ~Jance of the Contract shall not be reduced or set off on account of ~n~ such unre~at~ obfigations. No ri~ of a~on shall accrue this 8ond :o any person or e~ other than the Owner or ;tS heirs, executors, adm~nis~ors or successors. 8. The Surety hereby waives no:~ce of any change, mdse. mn~ chan~es of time, to the Construction Contram or to lions. g Any ~roceed[n~, legal or equitable, un,er this and ~haii be mstJ[uted wi~hi~ ~o years after Default o, within ~o years aher :he Contractor ceasod working or within ~o Years a~er the Surely refuses or curs first. Jf the prowsions ~ this Para~rapP are ~o~c pro~ib~ec by taw. the m~nimum per:oc cf )im::a:~on ~a}} be 10 Notice to tee Surety, the Owner or the Contrac:or shall be maliea or dehvered ~o the adaress shown on the nature pa~e. 1I When this Bond has Oeen furnish~ to c~mpiy wilh Bond confli~ing with said statuto~ or legal requ~remem shall be deemed ~eletec herefrom aha provisions con- forming :o suc~ sta~uro~ or other legal requiremem shall be aeemed incoroorated herein. The intent is ~hat this Bona shall be ¢onszrued as a s~:u;o~ bon~ ~nd ~oz as common law bon~. 12 DEFINITIONS Conszruc:~on Contra~ after all proper adius~ments have been maae, Includin8 allowance :o the Con- tractor of any amounts receivea Or to be received the Owner ~n settlement of insurance or other l'or damases to which the Contractor is entitled, ~e- duced by all v~iid and proper payments made to or on behaJf of the Con,razor under the ~onstru~ion tra~. 12.2 Constru~ion Contras: The a~r~ment be~veen the Owner and the Conzra~or ~Oent~fied on the nature page, including ail Contra~ Oocumen:s and changes thereto. 12.3 Contractor Default: Failure o~ the Contractor. which has neither been remedied nor waived. :o oer- form or othe~ise :o comply wi[h the terms at the Cons~ru~ion ContraS. 12.4 Owner Default: Failure of :~e Owner, which nas neiiher been remediea nor waived, to pay ~he Con- tra~or as required by the Conslruction Contra~ or :o Deform an~ comD{e~e or compiv w{th the other t~rms. thereof. ,~4ODIFICATIONS TO THIS BOND &RE .~$ FOLLOWS: (.~7.ace ~s providec beiow fo: addit:.onai sisnatures of addeo oan!es, other than those apoearlng on the cover page,l CON'TP.~CT,, ©g qB PR1NC:P'~L rCorporate 5eall Signature: ~ I L~''~---~ ~ qddress: C.ampany: (Corporate ~eatt Signature: Name and Title: Address: LIMITED POWER OF ATTORNEY Amwe$~ Sure£j/ Insurance ~ompanj/ ~.'~O.D^~ 7-01-97 ~O'~ 0000621302 (212) 3~7720 Corm'act ~erfo~-,.~ & Payment), Com~ Subdivision Lleeme & Penalt ~onds up te ompany I, the um/ersigned secrela~ ofAmwest Stu~ force and effect and has not been revoked and furthermore, that the n provisions of the By-Lav~ of*he Company, are now in ful ~ndNo025002508 This POA is si~ed ~d sealed b~ Company at a meeting duly RESOLVED, thnt the President or (i) when signed ~ (ii) when signed by the President or; (iii) when duly executed and RRSOLVED FL~rrl]~R~ h'~ th~ s ~ remhms in full , and that the ~leYant Karen G. Cohen, Secr~aty r ~ ~ of Directors of Amwest Sum~ Insmance (if a seal be required) by any Seo'c. ta~ or A~sistant Secr~a~; or thereof authorizing the ey~cution and, or other suretyship oblilanons of lite Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. '"C/) :'~' 0~ 4~e~ Loflon, Nota~Put~qd · 'n~ i~lllfl~llil~,~ · ! DEC, 14, it3.:-- ~ · · i~-i ~9o5 /o~ ___~Y/N\~ . ' ............ · STATE OF NE~ YOR~ } } County of ~c~c~. } 'm~'know~, who being by me duly swo~ did despose ~a= ~ he resides in ~,,%~.~ W~ =' and .~',~: '~.~~e co~oration descrlbed in and which execu:ed ~e foreqo~q ~s~t; ~at . he knows ~e seal of said co~oratiun seal; ~t it was sc affixed by order of ~e Board of D~e~rs of said co~oration and ~e ._he signed his n~e ~eto order. STATE OF ~E~W YORK } ss County of N~ YOR/f } personally came Scott Adams to me known, who being by me duly sworn did depose and say ~hat he resides in Mendb~m, NJ ~ that he is Attorney-in- fac~ of AMWEST SURETY /~SURANC~ C~ANY, the corporation described in and which executed the within i~strument; that he knows the seal of said corporation; that t~e seal affixed to said inst.'-ument is such corporate seal; that it was so affixed by order of the Board of Direc'.ors of said corporation; and that he signed his name ~hereto by 1/ke order; and t~hat the liabilities of said Company do not exceed its asse~-$ and ascertained in the manner provided in Section 183 of ~he Insurance Laws constituting Chapter 33 of t. he Consolidated Laws of the State of New York Irma Lassalle Notary Public State of New York Nc.4!-4981~79 Qualified in Queens County co.~-~issicn Expires May 20, 1997 FINANCIAL STATEMENT- DECEMBER 31, 1995 AMWEST SURETY INSURANCE COMPANY ASSETS LIABILmES, SURPLUS AND OTHER FUNDS Bonds $77,507.487 Preferred stocks 9,403,900 Common stocks 11,503.953 Mortgage toans 141,008 Real estate 1.269,218 Cash on hand and on deposit (2,546.986) Shor~ term investments 3,256,884 Other invested assets 344.765 Agent's balances 7,2191282 Reinsurance recoverable 763,162 EDP equipment 756.352 Accrued interest 1,124,893 intercompany receivable 31,040 Other admitted assets 3,199,872 Losses and Loss adjustment expenses $ 9,903,388 Contingent commission 2,130,841 Other expenses 4,409,184 Taxes, licenses & fees 254,746 Federal income taxes payable 224,247 Unearned premiums 27,552,897 Funds held on account of others 32,686,742 TOTAL ASSETS $113,974,830 TOTAL LIABILITIES $77,162,045 Capital Stock 4,000,000 Surplus note 10,000,000 Paid-in surplus 6,590,000 Unassigned funds 16,2221785 Surpius as regards policyholders 36r812,785 Total liabilities and surplus $113,974,830 STATE OF COUNTY OF / John E. Savage, President of Amwest Surety Insurance Company, being duly sworn deposes and says that he is the above described officer of said Company; that said Company is a corporation duly organized, existing and engaging 4n business as a surety company under and by virtue of the laws of the State of Nebraska and has duly complied with all requirements of the laws of the said State applicable to said Company and is duly qualified to act as Surety under such laws; that the above is a true statement of the Assets and Liabilities of said Company of the 31st day of December 1995. Subscribed and sworn to before me this day of //~ ,1996 Notary sdk/tcsfs.301 John E. Savage President THE AMERIC. ,N INSTITUTE OF ARCHITECTS Bond ~025002508 AIA Document A372 Payment Bond Any s.,,§ular reterer~ce To Contrapzor Surety, Owner or other party shall be considere~ plural where appllcabie. CONTRACTORiNameand Ad~ress): Corazzini Brothers, Inc. 100 Lupen Drive/Cox Lane Cutchoguq NY 11935 SUR~FY (Name and Prindpai Place of Business): A~west Surety Insurance Company 140 Broadway 21st Floor New York NY 10005 OWNER ~Name and Acdre~s;: Town of Southold, Inc. PO Box 555 Cutchogue NY 11935 CONSTRUCTION CO ~T~ACT Date: Amount: $10,000.00 Oescr:ption (Name and Location): Provide necessary labor, materials, equipment and incidentals. Required to furnish and place asphalt concrete for the Town of Southold Qa:e ~ot -~arlier than Construction Contrac Datelu August 5, 1996- Amour.:: $10,000.00 .~Aodifica:ions :o tkis 8ond: ~None ~ S~_Pa]e 6 CONTR~CR AS, RINQIP,~ Company: / ' ,/ (Corporate Seal) Camoany: (C~rpora:e Corazzini B~s;,' Inc. / Signature; . ~ / Name aha TJ~ie. .,A~est Surety Insurance Co~? Name and Title: Scott Adams Attorney in Fact .,'Any addJrJoeal .-'i§natu,es appear on page 6) (FOR /h, FC)R;,?AI ION O,*vLY~Natrle, Address ~nd Teiephone~ AGENT or ~ROKER: OWNER'S REPRESENTATIVE ~Arcnitec~. ~n~ineer or o~her 1 The Contractcr and the Surety, ioindy and severally, 5ind themselves, their heirs, executors, admmistrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use !n die perfor- mance of the Construction Contract. which is !ncorpo- rated hereto by reference. 2 With respect :o tee Owner, this obGE~don shah be ~uH and void if the Con~tac~or: ~.1 Frompdv makes payment, direc~y or indirecdy, for aH sums due C~aimants. and 2.2 Defends, indemnifies and holds harmless the Owner from cJa~ms, demands, liens or sui~ by any person o~ entity whose claim, demand, I~en or suit is for the payment for tabor~ materials or e~uipmen~ fur- rushed +or use mn :he pe~ormance of the Co~ruction Contract. provid~ the Owner h~ prompdy notff[~ the Contractor and the 5uteW (at me add,ess de~cr~bed ;n Paragraph 12] of any cJ~i~s, d~ands, ~ien3 or 5ui~ and %endereo defense of such claims, demands, liens or su~ to the Contractor and ~he Surew, and provided ~here ~s no ~ner Def~Jt. 3 With respect to C~aJmants. th~s obiiB~tJo~ sha[~ be nu~ ~nd ve~d if the Contractor p~mpdy makes pay- ment, directJy or ~ndJrec=ly, for ail ~ums ~ue. ~ The Surety shail have no obligation to ~aima~ts under ~his Bond until: 4.1 C~a~man~ who ~m emptoved bY or have a direct contract wKh the Contractor have 8iven ~otlce to the semi a co~y, or notice thereo{, ~o the Owner, ~tating ~hat a claim ~s berne made ander ~his Bond and, with suSstam~a~ accuracy, the amount of the cimm. 4,2 Claima~ w~o do not have a direct contract w~th the ~entractor: .1 Have furnished written notice to the Con- tractor ~d sent a copy, or not,ce :hereof, to the Owner. w~thm 90 days after having las; performed labor or !asr ~urnished materials or equipment included ,n the claim s~atin& with su~tanuat accuracy, :he amount of the claim and the name of the Para' to whom :he matenaJs were fumished or supplied or for whom the iai:or was done or performed: and .2 Have either received a rejection in whole or in par: from the Contractor, or not received w~thm 30 days of furnishing t.u.e above no- by which the Contractor has indaqated the claim wil', be paid direcdv or .~directly: anb .3 Not hawng =eon 0asd w,thin the ahove 30 days, have sent a wrr;tell notice :~ the Suret-v ~at the address described in Paragraph 12) and stating :nat a claim is being made under this Bond and enciosmg a cpm, of :he ~revious S If a notice reouired by Paragraph 4 is given hv tee Owner to :he Ccntrac:or or to the Surew :ha: is suffi- cient compliance. 6 When the Claimant las satisfied the conditions of Paragraph 4, the SureW shall promptly and at the Suret',/s expense take the following actions: 6.1 Send an answer to the Claimant. with a copy to the Owner, within 45 days after receipt of the maim stating the amounts ~at are undisputed and the bas~s for challenging any amoun~ that are dlsou~ed. 6~ Pay or arrange f~ paym~nt of an~ undisoute~ ~' The Surety's total obligation shall not exceed ',ne amount of this Bond, and the amount of this Bona shall be trod[ted for any paymen~ made m ~ood faith by the Surer'. 8 Amounts owed by the Owner to the Contractor under the Construction Contra~ shall be used for ~he pedor- monte of the ConstruCtion Contract and to satis~ clmms. )f any, under any Cons~'uction Pedormance Bond. By the Contractor furnishira~ and the Owner accepting this .~)ond, they agree that all funds earned by the Contractor m the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the SureW under this Bond. subject :o the Owner's prior- ity to use the funds for the completion of the work 9 The Sureb' shall not be liable to the Owner, Claimants or others for obliBations of the Contractor that are unreIa~- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any ant under this Bond, and shall have under this Bond no obis- Rations :o make payments to, give noUcas on behalf of. or otherwise have poi)Rations to Claimants under this lOThe Surety hereby waives notice of any change. including changes of time, to the Construction Contract or :o reiateO subcontracts, purchase orders and other obligations. 11 No suit or aCJon shall be commenced by a Claimant under this Bond other than in a court of competent iuns- di~on in :ne location in v,~ich the work or par: of :ne wo~k Is located or after :he e~piration of one year from ~e date ~7i) on which the C~aimant gave the notice required by Subparagraph 4.1 or CJause 4.2.3, or (2) on which the ;asr labor or service was performed by anyone or the !asr ma:e- fidis or eouipment were furnished by anyone under the Con- struc~Jon C~-rtrac:, whichever of. (1) or (2) first oc~.urs, tf the provisions of this Para{ral~h am void or prohibited by ~a~, the mimmum period pt limft~on available to sureties as ~ defense in the jurisdiction of the suit shall be aopiicabte 12 Notice t.o, the SuretY, :he Owner or the Contractor s~aJl be mahed or detiveredto the address shown on me signature pare. Actual receipt of notice by Surety, :he Owner or the Contractor, ~owever accomplished, sh~i~ be sufficient compliance as of the date received at the address shown on the ~l~na~re page 13 When this Bond has bee. furnished to comply with a statutory or other legal recauitement fn the toeatton where the construction was to be performed, any orovislon in this Bond confiictmg w~th said ~turo~' or ~eBal reouiremen: shah De de~ea deiet~ hemfrom and prows)oas ccn- forming :o such statuto~ or ether (egat r~uzrement shah be deem~ :ncorDorated h~em. The ~nten: is that Bond shall be construed as a statutory bond and not as a common law bono. 14 Upon reouest bv any person or enli:y aooearin~ to be pote-t~al 5ene~ic:a~ ot thJ~ ~o~]d, the ~ntra~or shah promgdv furmsh a cody of tins Bond or ~hall permit a copy to b~ made. 15 DEFINITIONS 15.1 Claimant: An ~ndiwdua~ or entity having a direm contract wiJh the Comramor or with a subcontractor of :he Contractor :o furnish labor, materials or equio- ment ~or use m the pe~ormance of the Contram. The in~e~: of this Boed shaft be to include without iimita- t~on ;~ the t~rms "Jabot, mater~s or equ[oment" that pa~ o~ water, gas, pcwer, t~gh~, neat, oil, gasoline, :eiep~one se~lc~'or re~t~l equipment use~ Construction Contract, architectural and engineering services requireo for performance of the work of the Contractor and the C~ntractor's suocontractors, and &JJ other items for which 3 mechanic's lien may be asserted in the JurisdJ~ion where the I~bor, materials or equipment were furnished. 15.2 Constru~Jon ContraS: Theagreementbe~,een the Owner ~nd the Contra~or identified on the sig. nature pa~e, incJuding al: Contra~ Documents anc changes thereto. 15.3 Owner Defauit: FaJI~re of the Owner, which nas neither been remedied nor ~ived, ~o pay the tractor ~s reouired by :he Construction Contra~ or perform and compiete or comply with the other te~ms thereof. MODIFICATIONS rO THIS BOND AR$ AS FOLLOWS: fSpace is provided belcw For additional si§natures of addect parties, other than :hose appeari,~ on the cover pa~e.) CONTRACTOR ,~ ;RINCiPAL Comcany: (C~rporate 5e~l) Company: (Corporate Seal; Signature: Si§nature: Name an: Tltie: Name and Title: Aodres~: Address: Arnwas~...~ureCy Insuranc~ C'orapar/y. _.: =.,~,o. D^*E 7-01-97 ~o,m~.~.~E. 0000621302 (212) 344-7720 ~d ~onds up t~ Contract (~er~ormm~ce & P~meat), Coart, Subdl~lsion Lkeme & ]Permit Beads up to MJ~ceilineom Bonds up to and to bind the company thereby. This appointment is mede under and b I, the undersigned secretary of Amwest Surety Insurance Company, a N · h on this Power of Attorney, and that the relevant Bond No025002508 Signed & sealed thi This POA is signed and sealed by Company at a meeting dui) RESOLVED, that the President or an, authority ~ defined or limited in th~ of the Company RESOLVED FURTHER (i) when signed by (ii) when signed by the President or an (iii) when duly by the po~r ofattome~ Karen {3. Cohen, Secretory / or any Assistant Secreta~, may appoint attorneys-in-fact or agents with tpan the Company: he/she/th eyexecuted the sameinhis&er/their authorized capacity<its), and that by hisaler!th,ir signaturet $)~1 tl~ in~IruqtenMhe~n, ~, oLihe&ntq~ uG.on ~-eha~ °fWhich the' rs°his,,,,,:,,,'"'~' a '['~;",,,.%,..)acted' exeCUted the inSw[TN£S$tmmer t--~i~hand and official seal ] ~ ~W~/~ } .................. .'.-.. _ ..--~,.....~,.~o~....,~. I) P-. "4' ~, t~,0~,,-, ~ ~ DEC 14, ~ ~ a -- ~XX ~' . ~ -, ~',~f~t&~...""~,~,'' ~6320CanogaA~enu~ l'oslO~ceilt~x4500, Woodlandllills, CA '11365451111 I'EI,N1870~III1 STATE OF NEW YORK } } ss County of } On this ~ day of ~L, .~ 19 me kno~, who being by me duly swo~ did despose ~d say; ~at ,,he resides in 0~%~,,. and ~~. ~.~ ~ ~. ~e co.ora=ion described in and wn~c~ execu=ad ~e formqo~g ~s~t; ~at he knows ~e seal of said co~oratiun seal; ~at affixed by order of ~e Board of D~e~ors of said co~oration and ~e __he si~ed his n~e order. No=ary Public STATE OF NE~W YORK } ss County of NE~ ~ORK } personally came Scott Adams to me kl~own, who being by me duly sworn did depose and say =hat he resides in Mendb~m, NJ ;tha= he is Atturney-ln- fac= of AMWEST SURETY INSLWRANC?. CO.ANY, t. he corporation described in and which executed the within i~s~r~ment; that he knows the sea! of said corpora=ion; that the seal affixed to said instr=ment is such cor~orat, a seal; tha~ it was so affixed by order of the Board of Directors ~f said cora. oration; and t_hat he signed his name thereto by 1/ke order; and that the liabilities of said Company do not exceed its asse~-s and asce.~ained in the manner provided in Section 183 of r~he Insurance Laws constitutinq Chapter 33 of t. he Cunsolida=ad Laws of the State of ~ew York Irma Lassa!le Notary Public Stats of New York No.41-4981679 Qualified in Queens County Commission Expires May 20, 1997 No~ar~Pu~i£c FINANCIAL STATEMENT- DECEMBER 31, 1995 AMWEST SURETY INSURANCE COMPANY ASSETS LIABILITIES, SURPLUS AND OTHER FUNDS Bonds $77,507,487 Preferred stocks 9,403,900 Common stocks 11,503,953 Mortgage loans 141,008 Real estate 1,269,218 Cash on hand and on deposit (2,546,986) Short term investments 3,256,884 Other invested assets 344,765 Agent's balances 7,219,282 Reinsurance recoverable 763,162 EDP equipment 756,352 Accrued interest 1,124,893 ~ntercompany receivable 31,040 Other admitted assets 3,199~872 Losses and Loss adjustment expenses $ 9,903,388 Contingent commission 2,130,841 Other expenses 4,409,184 Taxes, licenses & fees 254,746 Federat income taxes payabte 224,247 Unearned premiums 27,552,897 Funds held on account of others 32,886,742 TOTAL ASSETS $113,974,830 TOTAL LIABILITIES $77,162,045 Capital Stock 4,000,000 Surplus note 10,000,000 Paid-in surplus 6~590,000 Unassigned funds 16,222,785 Surplus as regards policyholders 36,812,785 Total liabilities and surplus $113,974,830 Kf~E STATE OF , COUN~ OF do~n E. Savage, President of Amwe~ Surety Insurance Company, ~ing duly sworn deposes and says that he is the above desc~bed o~cer of said Company; that said Company is a corporation duly organized, existing and engaging~n busine~ as a surety company under and vi~ue of the laws of the State of Nebraska and has duly compli~ with all ~uirements of the laws of the said State applicable to said Company and is duly qualified to act as Surety under such laws; that the above is a ~rue statement of the Assets and Liabilities of said Company of ~he 31st day of December 1995. Subscribed and sworn to before me this ¢ '" day of ,: ¢. ,1996 Notary 'sdk/tcsfs.301 ? ,John E. Savage President JUDITH T. TEH,RY TOWN C LE11K REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CI,F, RK TOWN OF SOUTHOLD June 14, 1996 Paul Corazzini, Jr., President Corazzini Brothers Inc. Route 25 Greenport, New York 11944 Dear Paul: The Southold Town Board, at a regular meeting held on June 11, 1996, accepted your bid for the Asphalt Concrete (Type 6 Top) Annual Contract). A copy of the Board's resolution is enclosed. A contract has been prepared and is ready for your signature once we are in receipt of the required insurance certificates and $10,000 performance bond. As soon as the foregoing has been accomplished, your $500.00 bid check will be returned to you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Supt. of Highways Jacobs INSURANCE REQUIREMENTS: The Contractor shall not commence any work until he has obtained, and had approved by the Town of Southold, all of the insurance that is required under this contract which has been enumerated herein: COMPENSATION INSURANCE: Public Uability and Property Damage lndurance Contractor's Protective Liability and Property Damage Insurance Owner's Protective Public Liability and Property Damage Insurance The Contractor shall not permit any subcontractor to commence any operation of the site until satisfactory proof of carriage of the above required insurance has been posted with and approved by the Owner. Compensation Insurance: The Cpontractor shall take out and maintain during the life of this Contract, Workmen's Compensation insurance for ail his employees employed at the site of the project, and in case of any of the work being sublet, the Contractor shall require all subcontractors similarly to provide Workmen's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Public Liability and Prot~erty Damaqe Insurance: The Contractor shall take out and maintain dudng the life of this Contract such Public Liability and Property Damage insurance as shall protect him and any subcontractor performing work covered by this Contract from claims for damages for personal injury including accidental death as well as from claims for property damage which may adse from operations under this Contract, whether such operations be by himself or by any subcontractor, to by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: Public Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) for bodily injuries, including wrongful death to' each person and subject to the same limit for each person in an amount not less that One Million Dollars ($1,000,000.00) on account of each accident. Property Damage Insurance in an amount not less than One Million Dollars ($1,000,000.00) for damages on account of each accident and in an amount of not less than One Million Dollars ($1,000,000.00) for damages on account of ail accidents. Liability and Property Dama~je Insurance: The above policies for Public Liability and Property Damage Insurance must be so written to inctude Contractor's Protective Liability and Property Damage insurance to protect the Contractor against claims adsing from the operations of a subcontractor. The policies shall also name the Town of Southold as an additional insured. Owner's Protective Public Liability and Property Damage Insurance: The Contractor shall furnish to the Owner, with respect to the operations he or any of his subcontractors perform a regular Protective Public Liability Insurance Policy. for, and in behalf of the Owner, providing for a limit of not less than One Million Dollars ($1,000,000.00) for ail damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of One Million Dollars ($1,000,000.00) for all damages arising out of bodily injudes to, or death of, two or more persons in any one accident; and regular Protective Property Damage Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident, a total (or aggregate limit of Two Million Dollars ($ 2,000,0(30.00) for all damages arising out of injury to, or destruction of, property dudng the policy pedod. This insurance must fully cover the legal liability of the Owner. The coverage provided under his policy must not be affected if the Owner performs work in connection with the project either for or in cooperation with the Contractor or as an aid thereto whether the same be a part of the Contract or separate therefrom, by means of its own employees or agents or if the Owner directs or supervises the work to be performed by the Contractor. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with certificates of each insurer insudng the Contractor of any subcontractor under this Contract except with respect to part D. As listed above. In respect to this paragraph, the Contractor shall furnish the Owner with the odginal insurance policy. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limits of liability thereunder. Both the certificates and the policy shall be endorsed to provide the Owner with any notice of cancellation or non-renewal. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN C~.ERK TOWN OF SOUTHOLD June 13, 1996 John T. Montecalvo, Jr., President John T. Montecalvo, Inc. 48 Railroad Avenue Center Moriches, New York 11934 Dear Mr. Montecalvo: The Southold Town Board, at a regular meeting held on June 11, 1996, accepted the bid of Corazzini Brothers Inc. for the Asphalt Concrete (Type 6 Top) Annual Contract. Enclosed is a copy of the resolution for your information. Returned herewith is your $500.00 bid check. Thank you for submitting your bid on this proposal. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures JUDITH T. TEP.~P~Y TOV~N CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southo]d, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 11, 1996: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Brothers Inc., to furnish and supply all labor and material for the placement of Asphalt Concrete (Type 6 Top Annual Contract) within the Town of Southold, in accordance with the project requirements, as follows: Furnish $ Place within Southold Town 0-350 tons: $50.50 350-650 tons: $47.75 650-1,000 tons: $44.90 Over 1,000 tons: $44.90 Furnish & Place on Fishers Island 0-350 tons: $110.00 350-650 tons: $85.00 650-1,000 tons: $70.00 Over 1,000 tons: $70.00 Southold Town clerk June 12, 1996 RAYMOND L. JACOBS Superintendent Highway Department Town of Southold Peconic Lane P.O.Box 178 Peconic, New York 11958 Tel. (516) 765-3140 (516) 734-5211 Fax. (516) 765-1750 ]NV]TAT[ON TO BID FOR THE PURCHASE & APPLICATION · OF A~PHALT ROAD MATE~ HOT MIX A~PH~T CONCRETE PAVEMENT "Type 6 Top" TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK NOTE: THE TOWN OF SOUTHOLD MAY ALSO REQUIRE +/- 30,000 SQUARE YARDS (more or less as may be needed), OF ASPHALT ROAD MATERIALS TO BE APPLIED ON FISHERS ISLAND. ~ _ ~ ,._ ~ ~ ~,.,~ ~ ~ INVITATION TO BID NOTICE IS HEREBY GIVEN that sealed bids are sought and requested from qualified asphalt contractors to perform within the Town of Southold as may be required for a pedod of one (1) year, the following: FURNISH AND PLACE HOT MIX ASPHALT CONCRETE PAVEMENT (NYState Dept. of Transportation - Standard Specification -Type 6 Top) WITHIN THE TOWN OF SOUTHOLD, Suffolk County, New York. The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the placement of Hot Mix Asphalt Concrete within the Town of Southold as may be required for a period of one year from the commencement of the contract. All work shall be in accordance with the Specifications herein as well as the Standard New York State Dept. of Transportation Specifications for Hot Mix Asphalt Concrete Pavement. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until: 10:00 A.M. on the , 6th day of, June 1996. All Specifications are provided herein. A fee of twenty-five dollars ($25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the dght to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR MAY NOT withdraw his bid dudng this pedod. Bid security in the form of a certified check or bid bond in the amount of five hundred ($500) dollars will be required of each bidder. Checks to be made payable to the order of the Town of Southold. A Performance Bond in the amount of Ten Thousand ($10,000.00) dollars will be required of the successful bidder. Performance Bonds or Certified Checks shall be made payable to the order of the Town of Southold. Dated: May 1~,, 1996 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The Proposal form shall not be detached from the bid package. Failure to comply with this requirement will constitute grounds for rejection of the bid subject to the digression of the Highway Superintendent. Any and all exceptions to the specifications shall be listed on a separate sheet beadng the designation: "Exceptions to the Specifications", and attached to the Bid Form. Each proposal must be signed in writing with the full name and address of bidder. The bidders shall write in ink, both in words & numerals, the pdce for which he proposed: to furnish all materials, plant, equipment, tools, shodng or bracing, or other facilities, & to perform all labor and services necessary for the proper completion of the work in stdct accordance with the plans and specifications, and subject at all times to the approval of the Highway Superintendent. Proposals, together With the entire bid package, shall be delivered enclosed in an opaque sealed envelope and shall be addressed as indicated on Invitation to Bid. The envelope shall be marked "Proposal" beadng the title of work and the Bidders Name. Bidders may bid on one or any combination of items listed on the proposal sheet. No proposal shall be considered which has not been received by the Southold Town Clerk pdor to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of five hundred ($ 500) dollars payable to the Town of Southold. As soon as the proposal pdces have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgement, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the specifications and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Highway Superintendent who may issue a written instruction to all bidders. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical. The Superintendent of Highways reserves the right to make awards by items, or as a whole, or not at all, whichever the Superintendent deems to be in the best interest of the Town. A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be a "Standard form of Agreement between Owner and Contractor (Unit Pdce per Ton of Asphalt Concrete)". The Town will eithe? award the project or reject all proposals received within forty-five (45) days after formal opening of proposals. Acceptance of a proposal will be a written notice signed by the Town Clerk & no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver a separate performance bond in the amount of Ten Thousand ($10,000.00) dollars, made by a Surety Company that is acceptable to the Owner;, or by a certified check made payable to the Town of Southold. The Performance Bond shall be wdtten as to remain in full rome for the extent of the Contract. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the dght to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineation, erasure or corrections may be rejected. The Town also reserves the dght to reject any bid if the evidence submitted in the qualification statement or an investigation of of such bidder fails to satisfy the Town that such bidder is propedy qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I, TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. PREVAILING WAGE RATES The New York State Depa~b~ent of Labor's Prevailing Wage Rate Schedules are part of this Contract. The Contractor is responsible for being familiar with the latest available schedules. PROPOSAL FORM: NAME & ADDRESS OF BIDDER: Tell. 9: BUSINESS ADDRESS: Tell. ~: NAME OF PARTNERS: If bidder is a Finn, s=a=e here the name RESIDENCE OF PARTNERS: If bidder is a Corporation, Fill in the foilowing blanks: Organized under t-he State of: Name and Address of President: Name and i~ess of Secretary: Name and Address of Vice President: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MA-TN ROAD SOUTHOLD, NEW %ORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair ,and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance cf (1) the Contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the specifications and ali. bidding requirements, general and special conditions and that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to: FURNISH AND PLACE ASPHALT CONCRETE MATERIALS WITHiN THE TOWN OF SOUTHOLD and to perform all other work in connection therewith, in accordance with the enclosed specifications and shall comply with all the stipulations contained therein and will furnish the required Performance Bond and that he will start the work as directed by the Town and that he will accept, in full payment thereof as listed below: FURNISH AND SUPPLY ALL LABOR AND MATERIAL FOR !THE PLACEMENT OF ASPHALT CONCRETE WITHIN THE TOWN OF SOUTHOLD FOR THE STIPULATED "UNIT PRICES" OF: AND PLACE WITHIN SOUTHOLD TOWN Es~--~ted Description of Item Quan~t~/ (Unit price Written in Wor~s) Unit Price Bid Dollars Cents 1W 0-350 Tons 2W 350'-650 Tons 3W 650-1,000 Tons 4W Over 1,000 Tons For: ? Dollars ~ on Dollars Cents For: ]~/.~. ~/ ~//t;~, Per Ton Dollars Cents Asphalt Co~crecl Ty~l 6 T%~shed & Placed For: -/~J/~ --~/ //Od Per Ton Dollars Cents (2) FURNISH AND PLACE ON FISHERS ISLAND ItL ~: Quan~it-l~ (Unit price Written in Words) Unit Pri~.e Bid Dollars Cents 1W 0-350 Tons 2W 350-650 Tons Dollars Cents 650-1,000 For: . ~ Per Ton Tons Dollar§ -- Cents 4W 1,000 For: - ~ Per Ton Tons Cents And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the (10) days after notice of ~he acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of the receiving bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend thi~ime ~eriod. Telephone N,,--~er: ~PJ~ ~ Date: ~/3/~J (3) INSURANCE REQUIREMENTS: The Contractor shall not commence any work until he has obtained, and had approved by the Town of Southold, all of the insurance that is required under this contract which has been enumerated herein: COMPENSATION INSURANCE: Public Liability and Property Damage Indurance Contractor's Protective Liability and Property Damage Insurance Owner's Protective Public Liability and Property Damage Insurance The ContractOr shall not permit any subcontractor to commence any operation of the site until satisfactory proof of carriage of the above required insurance has been posted with and approved by the Owner. CompenSation Insurance: The Cpontractor shall take out and maintain dudng the life of this Contract, Workmen's Compensation Insurance for all his employees employed at the site of the project, and in case of any of the work being sublet, the Contractor shall require all subcontractors similarly to provide Workmen's Compensation Insurance for all of the letter's employees unless such employees are covered by the protection afforded by the Contractor. Public Liability and PToperty Damage Insurance: The Contractor shall take out and maintain dudng the life of this Contract such Public Liability and Property Damage Insurance as shall protect him and any subcontractor performing work covered by th~s Contract from claims for damages for personal injury including accidental death as well as from claims for property damage which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor, to by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: Public Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) for bodily injuries, including wrongful death to'each person and subject to the same limit for each person in an amount not less that One Million Dollars ($1,000,000.00) on account of each accident. Property Damage Insurance in an amount not less than One Million Dollars ($1,000,000.00) for damages on account of each accident and in an amount of not less than One Million Dollars ($1,000,000.00) for damages on account of all accidents. Liability and Property Damage Insurance: The above policies for Public Liability and Property Damage Insurance must be so wdtten to include Contractor's Protective Liability and Property Damage insurance to protect the Contractor against claims adsing from the operations of a subcontractor. The policies shall also name the Town of Southold as an additional insured. Owner's Protective Public Liability and Property Damage Insurance: The Contractor shall furnish to the Owner, with respect to the operations he or any of his subcontractors perform a regular Protective Public Liability Insurance Policy. for, and in behalf of the Owner, providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of One Million Dollars ($1,000,000.00) for all damages adsing out of bodily injuries to, or death of, two or more persons in any one accident; and regular Protective Property Damage Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident, a total (or aggregate limit of Two Million Dollars ($ 2,000,000.00) for all damages arising out of injury to, or destruction of, property dudng the policy pedod. This insurance must fully cover the legal liability of the Owner. The coverage provided under his policy must not be affected if the Owner performs work in connection with the project either for or in cooperation with the Contractor or as an aid thereto whether the same be a part of the Contract or separate therefrom, by means of its own employees or agents or if the Owner directs or supervises the work to be performed by the Contractor. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall fumish the Owner with certificates of each insurer insuring the Contractor of any subcontractor under this Contract except with respect to part D. As listed above. In respect to this paragraph, the Contractor shall furnish the Owner with the original insurance policy. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limits of liability thereunder. Both the certificates and the policy shall be endorsed to provide the Owner with any notice of cancellation or non-renewal. AGREEMENT made this ~ Day of 1996, between with its principal office and place of business at , hereinafter called the Contractor, and the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, with offices at 35095 Main Road, Southold, Suffolk County, New York, hereinafter~ called the Town. WITNE$SETH, that the Contractor has agreed to provide all necessary labor, materials, equipment and incidentals required to furnish and place asphalt concrete for the Town of Southold in accordance with the requirements of the specifications for bid, at the following unit prices: The above specified contract shall be for a pedod of one (1) year from the __ day of 1996 through the day of 1997. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOUTHOLD By Jean W. Cochran, Supervisor CONTRACTOR By ~TATE Of NEW YORK) COUNTY OF SUFFOLK) On the day of ,1996, before me personally came , to me known, who, being by me dully sworn, did depose and say that he resides at and that he is the of 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 Board of Directors of said corporation, and that he signed his name thereto by like order. Notar~j ~'uDIiC STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On the day of ,1996, before me personally came JEAN W. COCHRAN, to me known, who being by me duly sworn, did depose and say that she resides at Boisseau Avenue, Southold, New York, that she is the Supervisor of the Town of Southold, the corporation described in and which executed the foregoing instrument; that she 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 the Town of Southold, and that she signed her name thereto by like order. NOtai'¥ PUDIIC (2) SPECIFICATIONS: ~,SPHALT CONCRETE PAVEMENT Town of Southold DESCRIPTION: Bids are requested for the purchase and placement of Asphalt Concrete Pavement, Type 6, for the use in repair & maintenance of the Town Highways and related parking facilities for a period of one (1) year beginning on the date that the contract was executed. All Asphalt Concrete shall be delivered and machine spread upon the surface of roads, 'driveways, parking fields, street intersections or any other areas requiring pavement within Town right, of-ways or any other areas under the jurisdiction of the Commission of Public Works where and as required. MATERIALS: Bituminous Asphalt concrete pavement shall be equal to NYSDOT - Type 8 meet or exceed the following requirements: ASPHALT CONCRETE PAVEMENT Screen General limits Job Mix Sizes % Passina Tqtal % 1" 100 Y=" 95-100 1/4" 65-85 +/- 7 1/8" 36-65 +/- 7 No. 20 15-39 +/- 7 No. 40 8-27 +/- 7 No. 80 4-16 +/- 4 No. 200 2 - 6 +/- 2 Asphalt Content, % Mixing & Placing Temperature Range - degrees F 5.8-7.0 +/- 0.4 250 - 325 WEATHER LIMITATIONS: The material shall be placed only when: 1. The road surface and atmospheric temperatures are at least 45 degrees F 2. The weather is not foggy or reining. 3. There is no forecast of temperatures below 32 degrees F within 48 hours from the time of placement of the Asphalt Concrete Material. EQUIPMENT. DELIVERY & APPLICATION: 1. All asphalt concrete pavement materials shall be delivered and placed in select quantities at a time, place and thickness as specified by the Southold Town Highway Superintendent. No materials will be delivered on Saturdays, Sundays or Holidays except in the case of an emergency. Asphalt Plants must have adequate capacity and sufficient storage for the items to be furnished. EQUIPMENT. DELIVERY & APPLICATION - Continued: 2. All work shall commence within five (5) Callander days after receiPt of written order. Any reason for delay in work shall be submitted to the Town in writing explaining the delay. If the reason is not acceptable to the Town, work must continue without any further delay. 3. Bituminous pavers shall be self-powered units, provided with an activated screed or strike-off assembly. The machine shall be capable of spreading and finishing courses of bituminous plant mix matedal in lane widths up to twelve (12') feet or thickness up to four (4") inches as may be specified by the Highway Superintendent. 4. After placement, the Asphalt Concrete Matedal shall be thoroughly and uniformly compacted with an approved vibrator type or static steel wheel roller conforming to section 401-3.12 of the NYSDOT construction manual to obtain a thoroughly compacted pavement. 5. All manholes, catch basins, curbs and other structures shall be protected against the application of asphalt Concrete material. TESTING: The Town shall have the absolute dght to make tests before and after delivery and placement of asphalt matedal to determine conformity to Specifications, quality and standards of excellence. The Contractor agrees to bear the cost and pay for all tests which are deemed to be necessary in the opinion of the Town. The Contractor shall repair or replace at no additional cost to the Town, any materials found to not meet the Specifications and quality intended. The work shall be executed in the best and most workmanlike manner. BIDDER QUALIFICATIONS: The bidder will be required to show, to the satisfaction of the Superintendent of Highways, that he is a responsible contractor experienced in the kind of work to be performed; that he is financially able to execute the contract; and that he has adequate equipment and fixed storage facilities to satisfactorily and efficiently perform the work as directed within the specified time limits. The bidder must state exact location of his Plant Facilities. MEASUREMEN'E & PAYMENT: The pdces quoted in this bid, and subsequently awarded, are to be used in establishing pdces for actual materials furnished and placed within the Town of Southold from the date of award up to and including one (1) year thereafter. The contract pedod may be extended for up to one (1) additional year upon mutual written agreement of the Town and the Contractor. Payment shall be made to the contractor at the unit pdce(s) submitted in the Proposal. The asphalt concrete will be measured by the number of tons of compacted matedal in place. The unit pdce per ton shall include the cost of furnishing all materials, equipment, labor and incidentals necessary to complete the work. RAYMOND L. JACOBS Superintendent Highway Department Town of Southold Peconic Lane P.O.Box 178 Peconic, New York 11958 Tel. (516) 765-3140 (516) 734-5211 Fax. (516) 765-1750 INVITATION TO BID FOR THE PURCHASE & APPLICATION 'OF A~PHALT ROAD MATERIAL,S HOT MIX A~PHALT CONCRETE PAVEMENT TOO" TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK NOTE: THE TOWN OF SOUTHOLD MAY ALSO REQUIRE +/- 30,000 SQUARE YARDS (more or less as may be needed), OF ASPHALT ROAD MATERIALS TO BE APPLIED ON FISHERS ISLAND. JOHN T. MONTECALVO. INC. 001 2600 RE: 1996 Town of Southold asphalt bid INVITATION TO BID NOTICE IS HEREBY GIVEN that sealed bids are sought and requested from qualified asphalt contractors to perform within the Town of Southold as may be required for a pedod of one (1) year, the following: FURNISH AND PLACE HOT MIX ASPHALT CONCRETE PAVEMENT (NYState Dept. of Transportation - Standard Specification -Type 6 Top) WITHIN THE TOWN OF SOUTHOLD, Suffolk County, New York. The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the placement of Hot Mix Asphalt Concrete within the Town of Southold as may be required for a pedod of one year from the commencement of the contract. All work shall be in accordance with the Specifications herein as well as the Standard New York State Dept. of Transportation Specifications for Hot Mix Asphalt Concrete Pavement. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until: 10:00 A.M. onthe , 6th dayof , June 1996. All Specifications are provided herein. A fee of twenty-five dollars ($25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid ia not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the dght to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR MAY NOT withdraw his bid dudng this pedod. Bid secudty in the form of a certified check or bid bond in the amount of five hundred ($500) dollars will be required of each bidder. Checks to be made payable to the order of the Town of Southold. A Performance Bond in the amount ofTen Thousand ($10,000.00) dollars will be required of the successful bidder. Performance Bonds or Certified Checks shall be made payable to the order of the Town of Southold. Dated: May 14, 1996 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in stdct accordance with the "Proposal Form" provided. The Proposal form shall not be detached from the bid package. Failure to comply with this requirement will constitute grounds for rejection of the bid subject to the digression of the Highway Superintendent. Any and all exceptions to the specifications shall be listed on a separate sheet beadng the designation: "Exceptions to the Specifications", and attached to the Bid Form. Each proposal must be signed in wdting with the full name and address of bidder. The bidders shall wdte in ink, both in words & numerals, the pdce for which he proposed: to furnish all materials, plant, equipment, tools, shodng or bracing, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Highway Superintendent. Proposals, together With the entire bid package, shall be delivered enclosed in an opaque sealed envelope and shall be addressed as indicated on Invitation to Bid. The envelope shall be marked "Proposal" beadng the title of work and the Bidders Name. Bidders may bid on one or any combination of items listed on the proposal sheet. No proposal shall be considered which has not been received by the Southold Town Clerk pdor to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of five hundred ($ 500) dollars payable to the Town of Southold. As soon as the proposal pdces have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgement, would not likely be involved in making the award. AIl other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the specifications and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Highway Superintendent who may issue a written instruction to all bidders. .D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical. The Superintendent of Highways reserves the right to make awards by items, or as a whole, or not at all, whichever the Superintendent deems to be in the best interest of the Town. A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a pedod of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the dght to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be a "Standard form of Agreement between Owner and Contractor (Unit Price per Ton of Asphalt Concrete)". The Town will either award the project or reject all proposals received within forty-five (45) days after formal opening of proposals. Acceptance of a proposal will be a wdtten notice signed by the Town Clerk & no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver a separate performance bond in the amount of Ten Thousand ($10,000.00) dollars, made by a Surety Company that is acceptable to the Owner;, or by a certified check made payable to the Town of Southold. The Performance Bond shall be written as to remain in full force for the extent of the Contract. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the dght to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineation, erasure or corrections may be rejected. The Town also reserves the dght to reject any bid if the evidence submitted in the qualification statement or an investigation of of such bidder fails to satisfy the Town that such bidder is propedy qualified to cam/out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days a~er notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. PREVAILING WAGE RATES The New York State Department of Labor's Prevailing Wage Rate Schedules are part of this Contract. The Contractcr is responsible for being familiar with the latest available schedules. PROPOSAL FORM: NAME & ADDRESS OF BIDDER: f BUSINESS ADDRESS: NAME OF PARTNER~: If bidder is a Fi~m, state here the name and re~idence of each member =hereof ! RESIDENCE OF PARTNERS: If biclder is a Cox-potation, Fill in the foilowing blanks: Organized under ~_he State of: Name and A~dress of President: Name and Address of Secretary: Name and Address of Vice President: TO: SOUTHOLD TOWN BOARD TOWN H~?.?. - 53095 MA/N ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with an]! other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of (1) the Contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the specifications and all bidding requirements, general and special conditions and that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to: ~NISH AND PLACE ASPHALT CONCRETE MATERIALS WITHIN THE TOWN OF SOUTHOLD and to perform all other work in connection therewith, in accordBnce with the enclosed specifications and shall comply with all the stipulations contained therein and will furnish the required Performance Bond and that he will start the work as directed by the Town and that he will accept, in full payment thereof as listed below: FURNISH AND SUPPLY ALL LABOR AND MATERIAL FOR ~THE PLACEMENT OF ASPHALT CONCRETE WITHIN THE TOWN OF SOUTHOLD FOR THE STIPULATED "UNIT PRICES" OF: ~ISH AND pLaCE WITHIN SOUTHOLD TOWN Unit Price Bid Dollars Cents 1W 0-350 Tons Ton Dollars Cents 2W 350-650 Tons Doli~a~ Cents 3W 650-1,000 Tons 4W Over 1,000 Tons (2) h"u~NISH AND PLACE ON FISHERS ISLAND Es*~--~ Description of Quantity (Unit price Written in Words} Unit Pri~e Bid Dollars Cents 0-350 For: Tons Dollars Cents 3W 650-1,000 For: ~ r Ton Tons Oo~/ Ce,~s 4W 1,000 For: r Ton Tons · DolAZa~3/ Cents And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town-and shall fail to give the required security within the (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of the receiving bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. (Please Print) (3) INSURANCE REQUIREMENTS: The Contractor shall not commence any work until he has obtained, and had approved by the Town of Southold, all of the insurance that is required under this contract which has been enumerated herein: COMPENSATION INSURANCE: Public Liability and Property Damage Indurance Contractor's Protective Liability and Property Damage Insurance Owner's Protective Public Liability and Property Damage Insurance The ContractOr shall not permit any subcontractor to commence any operation of the site until satisfactory proof of cardage of the above required insurance has been posted with and approved by the Owner, Ao Compensation Insurance: The Cpontractor shall take out and maintain dudng the life of this Contract, Workmen's Compensation Insurance for ail his employees employed at the site of the project, and in case of any of the work being sublet, the Contractor shall require all subcontractors similarly to provide Workmen's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Public Liability and Property Damage Insurance: The Contractor shall take out and maintain dudng the life of this Contract such Public Liability and Property Damage Insurance as shall protect him and any subcontractor performing work covered by th~s Contract from claims for damages for personal injury including accidental death as well as from claims for property damage which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor, to by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: Public Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) for bodily injuries, including wrongful death to' each person and subject to the same limit for each person in an amount not less that One Million Dollars ($1,000,000.00) on account of each accident. Property Damage Insurance in an amount not less than One Million Dollars ($1,000,000.00) for damages on account of each accident and in an amount of not less than One Million Dollars ($1,000,000.00) for damages on account of all accidents. Liability and Property Damage Insurance: The above policies for Public Liability and Property Damage Insurance must be so wdtten to include Contractor's Protective Liability and Property Damage insurance to protect the Contractor against claims adsing from the operations of a subcontractor. The policies shall also name the Town of Southold as an additional insured. Do Owner's Protective Public Liability and Property Damage insurance: The Contractor shal; furnish to the Owner, with respect to the operations he or any of his subcontractors perform a regular Protective Public Liability ;nsuranca Policy. for, and in behalf of the Owner, providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to, or death of, two or more persons in any one accident; and regular Protective Property Damage Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for damages arising out of injury to, or destm~on of, proper[y in any one accident and subject to that limit per accident, a tota; (or aggregate limit of Two Million Dollars ($ 2,000,000.00) for all damages ar]sing out of injury to, or destruction of, proper~ during the po;icy period. This insurance must ful;y cover the legal liability of the Owner. The coverage provided under his policy must not be affected if the Owner performs work in connection with the project either for or in cooperation with the Contractor or as an aid thereto whether the same be a part of the Contract or separate therefrom, by means of its own employees or agents or if the Owner directs or supervises the work to be performed by the Contractor. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with certificates of each insurer insuring the Contractor of any subcontractor under this Contract except with respect to part D. As listed above. In respect to this paragraph, the Contractor shall furnish the Owner with the odginal insurance policy. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limits of liability thereunder. Both the certificates and the policy shall be endorsed to provide the Owner with any notice of cancellation or non-renewal. AGREEMENT made this ~ Day of 1996, between with its principal office and place of business at , hereinafter called the Contractor, and the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, with offices at 35095 Main Road, Southold, Suffolk County, New York, hereinafter, called the Town. WlTNESSETH, that the Contractor has agreed to provide all necessary labor, materials, equipment and incidentals required to furnish and place asphalt concrete for the Town of Southold in accordance with the requirements of the specifications for bid, at the following unit prices: The above specified contract shall be for a pedod of one (1) year from the __ day of 1996 through the __ day of 1997. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above wdtten. TOWN OF SOUTHOLD By Jean W. Cochran, Supervisor CONTRACTOR By (1) ~TATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On the day of ,1996, before me personally came , to me known, who, being by me dully sworn, The corporation did depose and say that he resides at and that he is the of 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 Board of Directors of said corporation, and that he signed his name thereto by like order. Notary }~UnllC STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) · On the __ day of ,1996, before me personally came JEAN W. COCHRAN, to me known, who being by me duly sworn, did depose and say that she resides at Boisseau Avenue, Southold, New York, that she is the Supervisor of the Town of Southold, the corporation described in and which executed the foregoing instrument; that she knows the seat 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 the Town of Southold, and that she signed her name thereto by like order. NOtary ~UDIIC (2) SPECIFICATIONS: ~,SPHALT CONCRETE PAVEMENT Town of Southold DESCRIPTION: Bids are requested for the purchase and placement of Asphalt Concrete Pavement, Type 8, for the use in repair & maintenance of the Town Highways and related parking facilities for a pedod of one (1) year beginning on the date that the contract was executed. All Asphalt Concrete shall be delivered and machine spread upon the surface of roads, driveways, parking fields, street intersections or any other areas requiring pavement within Town right-'of-ways or any other areas under the jurisdiction of the Commission of Public Works where and as required. MATERIALS: Bituminous Asphalt concrete pavement shall be equal to NYSDOT - Type 6 meet or exceed the following requirements: ASPHALT CONCRETE PAVEMENT Screen General limits Job Mix Sizes % Passina Total % 1" 100 Y=" 95-100 1/4" 65.65 +/- 7 1/8" 36-65 +/- 7 No. 20 15-39 +/- 7 No. 40 8-27 +/- 7 No. 80 4-16 +/- 4 No. 200 2 - 6 +/- 2 Asphalt Content, % Mixing & Placing Temperature Range - degrees F 5.8-7.0 +/- 0.4 250 - 325 WEATHER LIMITATIONS: The matedal shall be placed only when: 1. The road surface and atmospheric temperatures are at least 45 degrees F 2. The weather is not foggy or raining. 3. There is no forecast of temperatures below 32 degrees F within 48 hours from the time of placement of the Asphalt Concrete Material. EQUIPMENT. DELIVERY & APPLICATION: 1. All asphalt concrete pavement materials shall be delivered and placed in select quantities at a time, place and thickness as specified by the Southold Town Highway Superintendent. No materials will be delivered on Saturdays, Sundays or Holidays except in the case of an emergency. Asphalt Plants must have adequate capacity and sufficient storage for the items to be fumished. EQUIPMENT. DELIVERY & APPLICATION - Continued: 2. All work shall commence within five (5) Callander days after receiPt of wdtten order. Any reason for delay in work shall be submitted to the Town in writing explaining the delay. If the reason is not acceptable to the Town, work must continue without any further delay. 3. Bituminous pavers shall be self-powered units, provided with an activated screed or strike-off assembly. The machine shall be capable of spreading and finishing courses of bituminous plant mix matedal in lane widths up to twelve (12') feet or thickness up to four (4") inches as may be specified by the Highway Superintendent. 4. After placement, the Asphalt Concrete Material shall be thoroughly and uniformly compacted with an approved vibrator type or static steel wheel roller conforming to section 401-3.12 of the NYSDOT construction manual to obtain a thoroughly compacted pavement. 5. All manholes, catch basins, curbs and other structures shall be protected against the application of asphalt Concrete material. TESTING: The Town shall have the absolute dght to make tests before and after delivery and placement of asphalt matedal to determine conformity to Specifications, quality and standards of excellence. The Contractor agrees to bear the cost and pay for all tests which are deemed to be necessary in the opinion of the Town. The Contractor shall repair or replace at no additional cost to the Town, any materials found to not meet the Specifications and quality intended. The work shall be executed in the best and most workmanlike manner. BIDDER QUALIFICATIONS: The bidder will be required to show, to the satisfaction of the Superintendent of Highways, that he is a responsible contractor experienced in the kind of work to be performed; that he is financially able to execute the contract; and that he has adequate equipment and fixed storage facilities to satisfactorily and efficiently perform the work as directed within the specified time limits. The bidder must state exact location of his Plant Facilities. MEASUREMENT & PAYMENT: The prices quoted in this bid, and subsequently awarded, are to be used in establishing prices for actual materials fumished and placed within the Town of Southold from the date of award up to and including one (1) year thereafter. The contract period may be extended for up to one (1) additional year upon mutual wdtten agreement of the Town and the Contractor. Payment shall be made to the contractor at the unit price(s) submitted in the Proposal. The asphalt concrete will be measured by the number of tons of compacted material in place. The unit price per ton shall include the cost of furnishing all materials, equipment, labor and incidentals necessary to complete the work. LEGAL NOTICE ( ()UN1Y ()F St %[/\1[! ()F N[ W / ()IRk ss: NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for qualified as- phalt contractors to perform within the Town of Soathold as may be required for a pe- riod of one (1) year, the fol- lowing: Furnish and Place Hot Mix Asphalt Concrete Pavement (NY State Dept. of Transportation - Standard Specifications - type 6 Top) within the Town of Southold, Suffolk County, New York. Specifications may be ob- tained at the Office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York 11971, upon payment of a non-refund- able fee of $25.00, cash or check, made payable to the Town of Southold, for one (1) copy of the Contract l~ocu- The sealed bids, together with a Non-Collusive Bid Cer- tificate, and bank draft or cer- tified check in the amount of $500.00, will be received by the Town Clerk of the Town of Southold, atthe Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, June 6, 1996, at which time they will be opened and read aloud in public. The Town of Southold re- serves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The contractor may not withdraw his bid during this period. A Performance Bond in the amount of $10,000.00 shall be required of the successful bid- der. Performance Bonds or Certified Checks shall be made payable to the order of the Town of Southold. !oey Mac LeJlan, being duly sworn, says that h~, N the t'~lilo*, of the TRAVELER-WATCHMAN, a pul)lie newsp,/per printed at Southold, in Suf; l'oH< County; and thal the notice of which the ,mm,xed is a printed copy, has been published in said 1raveler-Watchman once each week for ................................................. ~. ................... weeks successively comme~cing on the....~.. da of ~ ~ a ............................... 5worn to before me this ........ ~.~ .......... day of ................................ ....................... ................. ...... Notary Public ~ARBARA A. SCHNEIDER NO'h~F~Y FLTLIC, State o( D:ew York He. ~C946 ~L~ ~:c J iH Su~Dlk County . All bids must be signed and sealed in envelopes plainly marked "Bid on Annual As- phalt Contract," and submit- ted to the Offige of the Town Clerk. The bid price shall not in- clude any tax, federal, state, or local from which the Town of Southold is exempt. Dated: May 14, 1996 JUDITH T. TERRY SOUTHOLD TOWN CLERK tX-5/23/96(115) 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 151~h day of May 1996, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971. Legal Notice, Notice to Bidders, 6 Top", Bid Opening: 10:00 Town Clerk's Office. Hot Mix Asphalt Concrete Pavement, "Type A.M., Thursday, June 6, 1996, Southold Sworn to before me this 15th day of May , 1996. Public JOYCE M. WIL!K:INS Notary Public. State of New York No. ~.952246, Suffolk County Term Expires June 12. 1~-~"~ ~' Judith T. Terry $outhold Town Clerk LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for qualified asphalt contractors to perform within the Town of Southold as may be required for a period of one (I) year, the following: Furnish and Place Hot Mix Asphalt Concrete Pavement (NYState Dept. of Transportation Standard Specifications Type 6 Top) within the Town of Southold, Suffolk County, New York. Specifications may be obtained at the Office of the Town clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York 11971, upon payment of a non-refundable fee of $25.00, cash or check, made payable to the Town of Southold, for one (1) copy of the Contract Documents. The sealed bids, together with a Non-Collusive Bid Certificate, and bank draft or certified check in the amount of $500.00, will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, June 6, 1996, at which time they will be opened and read aloud in public. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The contractor may not withdraw his bid during this period. A Performance Bond in the amount of $10,000.00 shall be required of the success bidder. Performance Bonds or Certified Checks shall be made payable to the order' of the Town of Southold. All bids must be signed and sealed in envelopes plainly marked "13id on Annual Asphalt Contract[], and submitted of th e Office of the Town Clerk. The bid price shall not include any tax, federal, state or local, from which the Town of Southold is exempt. Dated: May 14, 1996. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MAY 23, 1996, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Traveler-Watchman Town Board Members Town Attorney Superintendent of Highways Jacobs Dodge Reports Brown's Letters Burrelle's Information Services Construction Data Corporation Town Clerk's Bulletin Board LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN in accordance with the provisions of Section 103 of the Ceneral Municipal Law, that sealed bids are sought and requested for qualil~ed asphalt contractors to perform within the Town of Southold as may be required for a period of one (1) year, the following: Furnish and Place Hot Mix Asphalt Concrete Pavement (NYState Dept. of Transportation Standard Specifications Type 6 Top) within the Town of Southold, Suffolk County, New York. Specifications may be obtained at the Office of the Town clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York 11971, upon payment of a non-refundable fee of $25.00, cash or check, made payable to the Town of Southold, for one (1) copy of the Contract Documents. The sealed bids, together with a Non-Collusive Bid Certificate, and bank draft or certified check in the amount of $500.00, will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, June 6, 1996, at which time they will be opened and read aloud in public. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The contractor may not withdraw his bid during this period. A Performance Bond in the amount of $10,000.00 shall be required of the success bidder. Performance Bonds or Certified Checks shall be made payable to the order of the Town of Southold. All bids must be signed and sealed in envelopes plainly marked "Bid on Annual Asphalt Contract", and submitted of th e Office of the Town Clerk. The bid price ,,;hall not include any tax, federal, state or local, from which the Town of Southold is exempt. Dated: May lq, 1996. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MAY 23, 1996, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Traveler-Watchmat: Town Board Members Town Attorney Superintendent of Highways Jacobs Dodge Reports Brown's Letters Burrelle's Information Services Construction Data Corporation Town Clerk's Bulletin Board RAYMOND L. JACOBS Superintendent Highway Department Town of Southold Peconic Lane P.O.Box 178 Peconic, New York 11958 Tel. (516) 765-3140 (516) 734-5211 Fax. (516) 765-1750 ]NV[TAT]ON TO B]D FOR THE PURCHAfiE & APPLICATION .'OF AfiPHALT ROAD MATERIALS HOT MIX AfiPHALT CONCRETE PAVEMENT Top" TOWN oF SOUTHOLD SUFFOLK COUNTY, NEW YORK NOTE: THE TOWN OF SOUTHOLD MAY ALSO REQUIRE +/- 30,000 SQUARE YARDS (more or less as may be needed), OF ASPHALT ROAD MATERIALS TO BE APPLIED ON FISHERS ISLAND. INVITATION TO BID NOTICE IS HEREBY GIVEN that sealed bids are sought and requested from qualified asphalt contractors to perform within the Town of Southold as may be required for a period of one (1) year, the following: FURNISH AND PLACE HOT MIX ASPHALT CONCRETE PAVEMENT (NYState Dept. of Transportation - Standard Specification -Type 6 Top) WITHIN THE TOWN OF SOUTHOLD, Suffolk County, New York. The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the placement of Hot Mix Asphalt Concrete within the Town of Southold as may be required for a pedod of one year from the commencement of the contract. All work shall be in accordance with the Specifications herein as well as the Standard New York State Dept. of Transportation Specifications for Hot Mix Asphalt Concrete Pavement. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until: 10:00 A.M. onthe , 6th dayof , June 1996. All Specifications are provided herein. A fee of twenty-five dollars ($25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project, Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the dght to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR MAY NOT withdraw his bid dudng this pedod. Bid security in the form of a certified check or bid bond in the amount of five hundred ($500) dollars will be required of each bidder. Checks to be made payable to the order of the Town of Southold. A Performance Bond in the amount ofTen Thousand ($10,000.00) dollars will be required of the successful bidder. Performance Bonds or Certified Checks shall be made payable to the order of the Town of Southold. Dated: May 14, 1996 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk INSTRUCTIONS TO BIDDERS a. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The Proposal form shall not be detached from the bid package. Failure to comply with this requirement will constitute grounds for rejection of the bid subject to the digression of the Highway Superintendent. Any and all exceptions to the specifications shall be listed on a separate sheet beadng the designation: "Exceptions to the Specifications", and attached to the Bid Form. Each proposal must be signed in writing with the full name and address of bidder. The bidders shall write in ink, both in words & numerals, the pdce for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, or other facilities, & to perform all labor and services necessary for the proper completion of the work in stdct accordance with the plans and specifications, and subject at all times to the approval of the Highway Superintendent. Proposals, together With the entire bid package, shall be delivered enclosed in an opaque sealed envelope and shall be addressed as indicated on Invitation to Bid. The envelope shall be marked "Proposal" beadng the title of work and the Bidders Name. Bidders may bid on one or any combination of items listed on the proposal sheet. No proposal shall be considered which has not been received by the Southold Town Clerk pdor to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of five hundred ($ 500) dollars payable to the Town of Southold. As soon as the proposal pdces have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgement, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the specifications and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Highway Superintendent who may issue a wdtten instruction to all bidders. .D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical. The Superintendent of Highways reserves the dght to make awards by items, or as a whole, or not at all, whichever the Superintendent deems to be in the best interest of the Town. A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a pedod of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the dght to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be a "Standard form of Agreement between Owner and Contractor (Unit Pdce per Ton of Asphalt Concrete)". The Town will eithe~ award the project or reject all proposals received within forty-five (45) days after formal opening of proposals. Acceptance of a proposal will be a written notice signed by the Town Clerk & no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver a separate performance bond in the amount of Ten Thousand ($10,000.00) dollars, made by a Surety Company that is acceptable to the Owner; or by a certified check made payable to the Town of Southold. The Performance Bond shall be written as to remain in full force for the extent of the Contract. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the fight to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineation, erasure or corrections may be rejected. The Town also reserves the right to reject any bid if the evidence submitted in the qualification statement or an investigation of of such bidder fails to satisfy the Town that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damageS for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. PREVAILING WAGE RATES The New York State Department of Labor's Prevailing Wage Rate Schedules are part of this Contract. The Contractor is responsible for being familiar with the latest available schedules. PROPOSAL FORM: DATE: NAME & ADDRESS OF BIDDER: BUSINESS ADDRESS: Tell.#: NAME OF PARTNERS: If bidder is a Firm, s~a~e here ~he name and residence of each member thereof ! RESIDENCE OF PARTNERS: If bick~er is a Corporation, Fill in the foilowing blanks: Organized under the S~ate of: Name and Address of President: Name and A~ress of Secretary: Name and Address of Vice President: TO: SOUTHOLD TOWN BOARD TOWN H~?.?. - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of (1) the Contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the specifications and all bidding requirements, general and special conditions and that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to: FU-~NISH AND PLACE ASPHALT CONCRETE MATERIALS WITHIN THE TOWN OF SOUTHOLD and to perform all other work in connection therewith, in accordance with the enclosed specifications and shall comply with all the stipulations contained therein and will furnish the required Performance Bond and that he will start the work as directed by the Town and that he will accept, in full payment thereof as listed below: FURNISH AND SUPPLY ALL LABOR AND MATERIAL FOR THE PLACEMENT OF ASPHALT CONCRETE WITHIN THE TOWN OF SOUTHOLD FOR THE STIPULATED "UNIT PRICES" OF: ~'u~RISH AND pLacE WITHIN SOUTHOLD TOWN i=m 9: Q~an~it~ (Unit price Written i~ Words) U~i= Price Dollars Cents 1W 0-350 For: Per Ton Tons Dollars Cents 2W 350-650 For: Tons Dollars Per Ton Cents 3W 650-1,000 For: Tons Dollars Per Ton Cents 4W Over 1,000 Tons For: Per Ton Dollars Cents (2) FURNISH AND PLACE ON FISW~.RS ISLAND ES~---~m~ Description of Item Ite~ ~: ~Lmntit-y (Unit pri~ Written in Words} 1W 0-350 For: Tons Dollars Per Ton Cents 2W 35o-65o For: Tons Doll'ars Per Ton Cents 3W 650-1,000 For: Tons Dollars Cents 4W Over 1,000 Tons For: Per Ton Dollars Cents Dollars Cents And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town. and shall fail to give the required security within the (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of the receiving bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Name of Bidder: (Please Print) Signature of Bidc~er: Telephone ~her: Date: (3) INSURANCE REQUIREMENTS: The Contractor shall not commence any work until he has obtained, and had approved by the Town of Southold, all of the insurance that is required under this contract which has been enumerated herein: COMPENSATION INSURANCE: Public Liability and Property Damage Indurance Contractor's Protective Liability and Property Damage Insurance Owner's Protective Public Liability and Property Damage Insurance The Contractor shall not permit any subcontractor to commence any operation of the site until satisfactory proof of carriage of the above required insurance has been posted with and approved by the Owner. ComDensafion Insurance: The Cpontractor shall take out and maintain during the life of this Contract, Workmen's Compensation Insurance for all his employees employed at the site of the project, and in case of any of the work being sublet, the Contractor shall require all subcontractors similarly to provide Workmen's Compensation Insurance for all of the latter's employees unless such employees ara covered by the protection afforded by the Contractor. Public Liability and Property Damage Insurance: The Contractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall protect him and any subcontractor performing work covered by th~s Contract from claims for damages for personal injury including accidental death as well as from claims for property damage which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor, to by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: Public Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) for bodily injuries, including wrongful death to' each person and subject to the same limit for each person in an amount not less that One Million Dollars ($1,000,000.00) on account of each accident. Property Damage Insurance in an amount not less than One Million Dollars ($1,000,000.00) for damages on account of each accident and in an amount of not less than One Million Dollars ($1,000,000.00) for damages on account of all accidents. Liability and Property Damage Insurance: The above policies for Public Liability and Property Damage Insurance must be so wdtten to include Contractor's Protective Liability and Property Damage insurance to protect the Contractor against claims arising from the operations of a subcontractor. The policies shall also name the Town of Southold as an additional insured. Owner's Protective Public Liability and Property Damage Insurance: The Contractor shall furnish to the Owner, with respect to the operations he or any of his subcontractors perform a regular Protective Public Liability Insurance Policy. for, and in behalf of the Owner, providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of One Million Dollars ($1,000,000.00) for all damages arising out of bodily injudes to, or death of, two or more persons in any one accident; and regular Protective Property Damage Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident, a total (or aggregate limit of Two Million Dollars ($ 2,000,000.00) for all damages arising out of injury to, or destruction of, property dudng the policy pedod. This insurance must fully cover the legal liability of the Owner. The coverage provided under his policy must not be affected if the Owner performs work in connection with the project either for or in cooperation with the Contractor or as an aid thereto whether the same be a part of the Contract or separate therefrom, by means of its own employees or agents or if the Owner directs or supervises the work to be performed by the Contractor. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with certificates of each insurer insuring the Contractor of any subcontractor under this Contract except with respect to part D. As listed above. In respect to this paragraph, the Contractor shall furnish the Owner with the original insurance policy. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limits of liability thereunder. Both the certificates and the policy shall be endorsed to provide the Owner with any notice of cancellation or non-renewal. AGREEMENT made this __, Day of 1996, between with its principal office and place of business at , hereinafter called the Contractor, and the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, with offices at 35095 Main Road, Southold, Suffolk County, New York, hereinafter, called the Town. WlTNESSETH, that the Contractor has agreed to provide all necessary labor, materials, equipment and incidentals required to furnish and place asphalt concrete for the Town of Southold in accordance with the requirements of the specifications for bid, at the following unit pdces: The above specified contract shall be for a pedod of one (1) year from the day of 1996 through the day of 1997. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOUTHOLD By Jean W. Cochran, Supervisor CONTRACTOR By (1) ~TATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On the day of ,1996, before me personally came , to me known, who, being by me dully sworn, did depose and say that he resides at and that he is the of 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 Board of Directors of said corporation, and that he signed his name thereto by like order. No[aP/I~UDIIC STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) · On the day of ,1996, before me personally came JEAN W. COCHRAN, to me known, who being by me duly sworn, did depose and say that she resides at Boisseau Avenue, Southold, New York, that she is the Supervisor of the Town of Southold, the corporation described in and which executed the foregoing instrument; that she 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 the Town of Southold, and that she signed her name thereto by like order. Notary HUDIIC (2) SPECIFICATIONS: ~,SPHALT CONCRETE PAVEMENT Town of Southold Ao DESCRIPTION: Bids are requested for the pumhase and placement of Asphalt Concrete Pavement, Type 6, for the use in repair & maintenance of the Town Highways and related parking facilities for a pedod of one (1) year beginning on the date that the contract was executed. All Asphalt Concrete shall be delivered and machine spread upon the surface of roads, 'driveways, parking fields, street intersections or any other areas requiring pavement within Town dght~f-ways or any other areas under the jurisdiction of the Commission of Public Works where and as required. Bo MATERIALS: Bituminous Asphalt concrete pavement shall be equal to NYSDOT - Type 6 meet or exceed the following requirements: ASPHALT CONCRETE PAVEMENT Screen General limits Job Mix Sizes % Pasaina Total % 1" 1 O0 ?/~" 95-1 O0 1/4" 65-85 +/- 7 1/8" 36-85 +/- 7 No. 20 15-39 +/~ 7 No. 40 8-27 +/- 7 No. 80 4-16 +/- 4 No. 200 2 - 6 +/- 2 Asphalt Content, % Mixing & Placing Temperature Range - degrees F 5.8-7.0 +/- 0.4 250 - 325 WEATHER LIMITATIONS: The material shall be placed only when: 1. The road surface and atmospheric temperatures are at least 45 degrees F 2. The weather is not foggy or raining. 3. There is no forecast of temperatures below 32 degrees F within 48 hours from the time of placement of the Asphalt Concrete Material. EQUIPMENT. DELIVERY & APPLICATION: 1° All asphalt concrete pavement materials shall be delivered and placed in select quantities at a time, place and thickness as specified by the Southold Town Highway Superintendent. No materials will be delivered on Saturdays, Sundays or Holidays except in the case of an emergency. Asphalt Plants must have adequate capacity and sufficient storage for the items to be furnished. EQUIPMENT. DELIVERY & APPLICATION - Continued: 2. All work shall commence within five (5) Callander days after receiPt of written order. Any reason for delay in work shall be submitted to the Town in writing explaining the delay. If the reason is not acceptable to the Town, work must continue without any further delay. 3. Bituminous pavers shall be self-powered units, provided with an activated screed or strike-off assembly. The machine shall be capable of spreading and finishing courses of bituminous plant mix matedal in lane widths up to twelve (12') feet or thickness up to four (4") inches as may be specified by the Highway Superintendent. 4. After placement, the Asphalt Concrete Matedal shall be thoroughly and uniformly compacted with an approved vibrator type or static steel wheel roller conforming to section 401-3.12 of the NYSDOT construction manual to obtain a thoroughly compacted pavement. 5. All manholes, catch basins, curbs and other structures shall be protected against the application of asphalt concrete material. TESTING: The Town shall have the absolute right to make tests before and after delivery and placement of asphalt matedal to determine conformity to Specifications, quality and standards of excellence. The Contractor agrees to bear the cost and pay for all tests which are deemed to be necessary in the opinion of the Town. The Contractor shall repair or replace at no additional cost to the Town, any materials found to not meet the Specifications and quality intended. The work shall be executed in the best and most workmanlike manner. BIDDER QUALIFICATIONS: The bidder will be required to show, to the satisfaction of the Superintendent of Highways, that he is a responsible contractor experienced in the kind of work to be performed; that he is financially able to execute the contract; and that he has adequate equipment and fixed storage facilities to satisfactorily and efficiently perform the work as directed within the specified time limits. The bidder must state exact location of his Plant Facilities. MEASUREMENT & PAYMENT: The pdces quoted in this bid, and subsequently awarded, are to be used in establishing pdces for actual materials furnished and placed within the Town of Southold from the date of award up to and including one (1) year thereafter. The contract period may be extended for up to one (1) additional year upon mutual wdtten agreement of the Town and the Contractor. Payment shall be made to the contractor at the unit price(s) submitted in the Proposal. The asphalt concrete will be measured by the number of tons of compacted material in place. The unit pdce per ton shall include the cost of furnishing all materials, equipment, labor and incidentals necessary to complete the work. JUDITH T. TERRY TOWN CLERK REGISTRAR OF 'vITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FI~EDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 14, 1996: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the purchase of the following road surface treatments for the Superintendent of Highways: 1. Oil and Sand 2. Oil and Stone 3. Liquid Asphalt 4. Sand Mix (Type 5 SHIM) 5. Type 6 Top 6 Emulsions and Stone Southold Town Clerk May 15, 1996 · RAIMOND L. JACOBS SUperintendent Highway Department Town of Southold Pec0nic Lane Peconic, N.Y. 11958 Tel. Fax. (516) (516) (516) 765-3140 734-5211 765-1750 RESOLUTION BY: SECONDED BY: RESOLVED: That the town hoard of the Town of Southold hereby authorizes the Town Clerk to advertise for Bids for the Superintendent of Highways for the purchase of: VARIOUS ROAD SURFACE TREATMENTS 1 :3 ,4 5 O~L AND SAND OIL AND STONE LIQUZD ASPHALT SAND MIX (TYPE 5 SHIM) TYPE 6 TOP EMULSIONS AND STONE NEW SPECIFICATIONS ATTACHED VOTE OF THE TOWR BOARD Supervisor Jean W. Cochran (Yes) (No) Councilman William D. Moore (Yes) (No) Councilwoman Alice J. Hussie (Yes) (No) Councilm~n Joseph L. Townsend, Jr. (Yes) (No) Councilw~n Ruth D. Oliva (Yes) (No) Justice Louisa P. Evans (Yes) (No) Town Clerk, Town of Southold Dated: MAY 7, 1996