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HomeMy WebLinkAboutRoad Treatment - Type 6 Top$15.00 non-refundable fee ~llobtain specifications (no postage) BID - ANNUAL CONTRACT - TYPE 6 TOP BID OPENING: 10:00 A.M., Thursday, May 8, 1997 4/22 1. DeLalio SFA, 224 A North Main St., Southampton, NY 11968-283-0037-Russell Jackson 4/24 2. Corazzini Asphalt, P. O. Box 1281, Cutchogue, NY 11935 734-5600 4/29 3. Bi-County Paving Corp., 701-9 Koehler Ave., Ronkonkoma, NY 11779 Daniel Carey 737-4600 4/30 ~1. John T. Montecalvo, Inc., 48 Railroad Ave., CenterMoriches, NY 11934 325-1492 5/5 5. KJB Industries, Inc., DBA Eagle Asphalt Maint., 70 Park Road, Riverhead, NY 11901 Att: Pat 727-5600 5/6 6. Rosemar Construction Inc. 56 Pine St. East Moriches, Ny 11940 878-2323 5/6 7. Corazzini Brothers Inc. Main Rd Greenport Ny 11944 734-5600 AGREEMENT made this 13th Day of May COR^ZZlNI'BROTHERS, INC. with its principal office and place of business at 672~,0 Main Road, Greenport, New York 119~,q , 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 fumish and place asphalt concrete for the Town of Southold in accordance with the requirements of the specifications for bid, at the following unit pdces: Furnish & Place within Town of Southold 0 - 350 tons: $53.00 per ton 350 - 650 tons: $a,7.00 per ton 650 - 1,000 tons: $50.00 per ton Over 1,000 tons: $a,8.90 per ton Furnish S Place on Fishers Island 0 - 350 tons: $120.00 per ton 350 - 650 tons: $85.00 per ton 650 - 1,000 tons: $75.00 per ton Over 1,000 tons: $75.00 per ton The above specified contract shall be for a period of one (1) year from the 11th day of June 1997 through the 11th day of June 1998. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOUTHOLD ~,.~,Jean W. Coc~'~n, Supervisor CO STATE OF NEW YORK) COUNTY OF SUFFOLK) On the/,.'~ day of .~(~.~z. ,1997 , before me personally came ;-2 ' / "~ ~h,~ ,{ ~ ~,~z~,~,~'-3'~ , to me known, who, being by me dully swom, did depose and say that he resides at zc,e~,~,, ~,,,;,~- /zo' , ¢¢,;,-,¢,~o.~a¢, ,¢? and that he is the ?~s of ~2~,~'/~; ~. The corporation described in and which executed the foregoing instrument; that he knows the seal of ~-aid 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 PUBLIO, b'l~to cf No. 4787! STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On the 21st day of May , 1997, 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. AMERICAN MANUFACTURERS MUTUAL INSURANCE LUMBERMENS MUTUAL CASUALTY COMPANY (A MUTUAL INSURANCE COMPANY) Home Office: Long Grove, Illinois 60049 PERFORMANCE BOND BOND NO. 3S 196911-00 KNOW ALL MEN BY THESE PRESENTS, Corazsini Broso, ThC. That we, CORAZZINI ASPHALT, INC. of CUTCHOGUE, NEW YORK (hereinafter called the Principal), as Principal, and LUMBERMENS MUTUAL CASUALTY COMPANY , a corporation, organized and existing under the State of illinois and authorized to become surety in the state of NEW YORK (hereafter called the Surety) as Surety, and held and firmly bound unto TOWN OF SOUTHOLD (hereinafter called the Obligee) in the penal sum of THIRTY SIX THOUSAND FOUR HUNDRED AND 00/100 Dollars ( $ 36,000.00 ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas the Principal has entered into a contract with the Obligee dated for CONSTRUCTION OF THREE(3) ALL WEATHER TENNIS COURTS AT THE ROBERT W. TASKER MEMORIAL PARK, PECONIC LANE, PECONIC, N.Y. IN ACCORDANCE WITH THE SPECIFICATIONS SET FORTH BY THE UNITED STATES TENNIS COURT AND TRACK BUILDERS ASSOCIATION. copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect, SIGNED, SEALED AND DATED this JUNE 11, 1997. Corazzini Bros., Inc. CORAZZINI ASPHALT, INC. By WITNESS: LUMBERMENS MLmJAL CASUAL'~' COMPANY J.J;~. B RKO, At~orn'ey-ir~a~. I 'emPe . .Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the Amebcan Motorists Insurence Company. and the Amedcan Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Ilinois, having their pnncipal office in Long Grove, Illinois, (hereinafter cellecthrely referred to as the "Company") do hereby appoint Donald H. Klug, J. P. Burks, Thomas E. Datey and Carol A. Horan of New York, New York (EACH) ..... their true and lawful agent(s) and attomey(s)-in-fact, to make, execute, seal, and deliver during the period beg~nnrng with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings .......... EXCEPTION: NO AUTHORITY is granted to make, execute, seei and deliver any bond or undettaking which guarantees the payment or cctlection of any prom~asory note. check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bdng each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company, The execution of such bonds and undertakings in pursuance of these presents shall be aa binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their pnncipal office in Long Grove, Illinors, THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boar~s of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys--in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, ol31igatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, seated and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President. any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, [he seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undemaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers. this May 29, 1997 Attested and Certified: Robert P Hames, Secretary Lumbermens Mutual Casualty Company American Motorists Insurance Company Amencan Manufacturers Mutual Insurance Company J. S. Kemper, IlL Exec. Vice President CORPORATION ACKNOWLEDGMENT STATE OF NEW YORK} COUNTY OF NEW YORK} }SS: On this 11th day of JUNE, 1997, before me personally came J.P. BURKS to me known, who, being by me duly sworn, did depose and say: that he/she resided in FAR ROCK, AWAY, N.Y. that he/she is the ATTORNEY-IN-FACT of the LUMBERMENS MUTUAL CASUALTY COMPANY the above instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was 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. FK0173 1-91 DAWN M. ~ODFREY Notarj Public, S~.te of N~,#YorI( No. 01GOSG31214 Qualified in Kings Court/ C0n~mission Expires Aug. 1, 1998 PRINTED IN U.S.A. (Individual Acknowledgment on following page) INDIVIDUAL ACKNOWLEDGMENT STATE OF } }SS: COUNTY OF } On this day of before me personally appeared to me known and known to me to be the person described in and who executed the foregoing instrument and he/she thereupon duly acknowledged to me that he/she executed the same. FK 0173 1091 PRINTED IN U,S.A. (Corporation Acknowledgment on previous page LAURY L. DOWD T OVv%q ATTOI~N~y JEAN W. COCFfRAN Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1889 Fax (516) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD April 91 1997 Mr. George Lehmuller, Sr. RBL Associates 352 Park Avenue South New York, NY 10010 Re: Performance Bonds between Town of Southotd and Corazzini Brothers Inc. Dear Mr. Lehmuller: Mr. Corazzini has asked the Town of Southold to confirm that the Town only seeks a performance bond of $10,000, althougl~ the total of all work by that firm for the Town may exceed that sum. To the extent the work exceeds $10,000, the work is unsecured by a bond with the Town. Please advise me if you have additional questions. Very truly yours, Laury L. Dowd Town Attorney lid ~UDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TON'N CLERK TOWN OF SOUTItOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 T~O~E (5~6) 7~s-18o~ March 27, 1997 LAU RY: Corazzini has several "asphalt" contracts with the Town. However, the other contracts only require a Certificate of Insurance. The attached is the only one requiring the $10,000 performance bond. RSPHR:_T I~C. EL.5!.6-, .4-$625 Hat 2? i$ii4 No.O03 P.O1 P.O Box 1179 June 1~, 1996 ("orltzzll~l [~r..~therS Inc. Route ~ Greempo~-i, New YOFK 11944 LJ(=a r Paul: ~ '~'lla $outhol(J Towll Eoard, ~t a raguer' maet~g,'~el~ °n~une I~, 1996, accepteo ,; .',ur bid fo~' th~ Asphelt .Cor~crete (TyPe 6 Wop~ Annual Co,tract). A copy o~ tm~ Boarc'.'s eisolulion Is enclosed. been prepa-ed and is ready for your signsture once recaipL 0£ the ,~tluir~d insurance certificates an,;t SlO,O00 bond, As soon as the fo.regoing has been eccomplish~d, your ::neck will be ~et~l" ~Q tu you. Very truly yours, .... Judith T, TerCy Southol~ Town C1~¢~ RSPHFII. T INC, TEL:51~,-?54-5525 liar 27 i3:14 No,O03 P.02 ,~TAT~ OF NEW YORK) COUNTY OF SUFFOLK)~; .On the Z~....fz v . --~'-d="~ Of ~, 19~, bI~ me pemonllly oIml described in and which Ix~ said co~oraflon; ~at the seal Iffix~ ~ llld in~ment 18 such =o~ora~ 1081; that it was se affix~ Dy order of ~e B~ of Oi~or~ ef aaJ{ gg~rItign, ~d that ha signed ~is name thereto by like STATE OF NEW '~'OF~,K) COUNTY OF SUFFQLK)s.s: On the 11th day Of June ,1gel, I~ef~m mi CQCH~N, to me ~n~n. ~e being by me duly ~m.,~ resiaee at Boisseau Avenue, SOU~O~, N~ YO~; Town of Sou~ola, the co~oration d~b~ In and whl~ ~e~fl ~e.fomgoing inst~ment i¢ luch ;o~orate seai; ~a[ {t ~Ii so iffi~by order of ~e Town 8oara of t~e Town of Southcla, and ~at s~e sig~ her name thet~oby like order.' RAYMOND L. JACOBS Sup~rintmadent Highway Department Town of Southold Pe¢onic 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 MATERIALS HOT MIX A~PHALT CONCRETE PAVEMENT '"l~e 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. ~O~PZZ~INIq~PHALT I~:r.. 15:16 No.O04 P.01 COKAZZINI ~ROTHER~, INC. , he~ina~r cal~ the GOn~a~or. and the TOWN OF SO.HOLD, I mq,-~l~ CO~O~OM ~ ~m S~ of N~ Y~ w~h offices at 350~ MNn Rolo, 8o~e~d, S~lk Caul, New Yem, hereinm~r Town. ~he T~wn ~f So~old in mc~'~anoe ~'~ ~ r~uimmentl ~ ~o Ipec~fi~nm fGr b~, Rurnl~h & Pla?~ wi[flirt ~td 0-~50 ~ ~sg-~60 Over 1,Ooo ~lt~ d~y Of June la86 ~rougfl ~e lO. day of__ Ju~ 1997. IN WITNESS WHEREOF, ~e .~ h~o 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, Southoli:l, 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 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 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 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 14, 7996 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk CERTIFICATE F INSURANCE Brisotti & Silkworth, Inc. 8400 Main Road P. O. Box 1448 Mauituck, NY 11952-0925 INfURRD COMPANIES AFFORDING COVERAGE A rrT Hartford B FO Box 1281 La~,kg D Cutehogue NY 11935 L~rr~g E 12/01/96 12/01/97 12UENCR6987 LIMITS OTItgR .. ' · T... I. OLDER .................... (:&NCKI,LATION .............. TOVCN OF SOUTHOLD · BRISOTTI & SIL~}()RTH INSURANCE 8400 Main Road · P.O. Box I448 · Mattituck, New York I 1952 o925 Phone: (516) 298-4747 · Fax: (Si6) 298-~496 Town of Southold Town Hall Attn: Judith Terry Southold, NY 11971 Re: Corazzini Brothers, Inc. Gen. Liab. Gentlemen: We are pleased to enclose a Certificate of Insurance for our captioned insured. Please contact our office if you have any questions. Thank you, and we are happy to be of service. Sincerely, ~¢'nn M. Sharar Enc. cc: Corazzini Brothers, Inc. 2- 45 Mattituck (516) 298-4747 Insurance & Financial Services Sag Harbor (516) 725-3013 Shelter Island (516) 749-1674 JUDITH T. TEP~Y 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 TOWN OF SOUTHOLD May 21, 1997 Paul Corazzini Jr. Corazzini Brothers P.O. Box 36 Greenport, New York 11944 Dear Paul: The Southold Town Board, at a regular meeting held on May 13, 1997, accepted your bid to furnish and place Hot Mix Asphalt Concrete Pavement - "Type 5 Shim", Sand Mix Asphalt within the Town of Southold. A certified copy of the resolution is enclosed. Please provide us with the required Certificate of Insurance in accordance with the insurance requirements as detailed on the enclosure. Once we are in receipt of the certificate of insurance your bid check will be returned to you. The Board also accepted your bid to furnish and place Hot Mix Asphalt Concrete Pavement (NYS Dept. of Transportation - Standard Specifications - Type 6 Top) within the Town of Southold for a period of one year. A certified copy of that resolution is also enclosed. We also need the Certificate of Insurance for this contract, as well as a Performance Bond and Payment Bond in the amount of $10,000.00. I have prepared the agreement, and once we have the insurance and bond, and the agreement is executed your $500.00 bid check will be returned to you. Very truly yours, Southold Town Clerk ~nclosures 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 Liability and Property Damage Indurance Contractor's Protective Liability and Property Damage Insurance Owner's Protective Public Liability and Property Damage Insurance 'l:he 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. Compenea~on 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 farter'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 during the life of this Contract such Public Liability and Proper'~ 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 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 written to include Contractor's Protective I. Jabiiity and Property Damage insurance to protect the Contractor against ciaims 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 injudes 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 ($1,000,000.00) for damages adsing out of injury to, or destruction of, property in any one accident and subject to that limit per accident, a total (or aggregate limit of Two Million Dollars ($ 2,000,000.00) for all damages arising out of injury to, or destruction of, property during 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 odginal insurance policy. Beth certificates, as furnished, and the insurance policy, as required, shall bear the pclicy 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. TEII~Y TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORIJS 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 May 21, 1997 Patricia Panchak, President K.J.B. Industries, Inc. 70 Park Road Riverhead, New York 11901 Dear Ms. Panchak: The Southold Town Board, at a regular meeting held on May 13, 1997, accepted the bids of Corazzini Brothers to furnish and place Hot Mix Asphalt Concrete Pavement - "Type $ Shim", Sand Mix Asphalt within the Town of Southold, and the bid of Corazzini Brothers to furnish and place Hot Mix Asphalt Concrete Pavement (NYS Dept. of Transportation - StandardSpecifications Type 6 Top) within the Town of Southold for a period of one (1) year. Certified resolutions are enclosed Thank you for submitting your bid on these proposals, herewith are your 2% bid bonds for the above described bids. Returned Very truly yours, Judith T. Terry Southold Town Clerk Enclosures COLONIAL SURETY COMPANY Harrisburg, Pennsylvania BID BOND Approved by The American Institute of Architects A.I.A. Document No. A-310(Feb. 1970 Edition) KNOW A! J. MEN BY THESE PRESENTS, that we KJB INDUSTRII~.S INC. DBA EAGLE ASPHALT MAINTENANCE, Riverhead, NY as Principal, hereinafter called the Principal, and COLONIAL SURETY COMPANY, a corporation duly organiTed under the laws of the Commonwealth of Penmylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto TOWN OF SOUTHOLD, SOUTg~OLD, NY as Obligee, hereinafter called the Obligee, in the sum of 2% of amount bid for the paymem of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for ANNUAL PAVING CONTRACT TYPE 6 TOP NOW, THEREFORE, if the Obligee aha!l accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance wi~h the terms of such bid, and give such bond or bonds as may be spe~ffied in the bidding or Contract Documents with good and mfficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fllrninhed in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if tbe Principal shall pay to the Oblig~e the difference not to exceed the penalty hereof between the amouat specified in said bid and such larger amount for which the Oblige~ may in good faith contract with another party to l~tfonn the Work cov~'ed by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 6th day of May 1997. \~--'- (Witness) Sonia Perrone Form C200-119 (Rev. 4/88) KJ-B INDUSTRIES INC. DBA EAGLE ASPHALT N CE ,. (Principal) (Seal) ?z - (Title) COLONIAL SURETY COMPANY (Seal) Pirro (Attorney-in-Fact) COI.~NIAL SURETY COMPANY -. t Harrisburg, Pen.sylvania · Administrative Of 11~.e: 50 Chestnut Ridge Road, Montvale, New Jersey 07645 Fom~ S-100-101 (Rev. 7~) State of New Jersey County of Bergen On this 6~:h day of ~A¥ , in the year 1997, before me Jacqueline Moraites, a Notary Public, personally appeared Sherryanne DePirro, personally known to me to be the person who executed the within instrument as Attorney-in-Fact, on behalf of Colonial Surety Company therein named and acknowledged to me that the corporation executed it. j~q~eU~ M~i~ A Notary PuMic of New Jersey My Commi~m ~ Septentber 8~ 2000 ~'No~ry,~Public in and for tahe County of Bergen State of New Jersey COLONIAL SURETY COMPANY Harrisburg, Pennsylvania - Inc. 1930 - FINANCIAL STATEMENT--DECEMBER 31, 1996 ASSETS *Stocks and Bonds .................... $ 2,668,027 Cash in Office & Banks .................. 1,001,933 Accrued Interest & Dividends ............. 41,007 Premiums & Agents Balances Ressivable .... 489,392 Other Assets ......................... 1,551.692 Total Admitted Assets ............. 5,752,051 LIABILITIES & SURPLUS Reserve for Unearned Premiums .............. $ 803,530 Claim Reserves .......................... 773,000 Other Reserves .......................... 49,51~3 Collateral Held ........................... 1,386,858 Capital Stock ............................ 1,000,000 Surplus ................................ 1,739,150 Total Liabilities & Surplus ............... 5,752,051 STATE OF NEW JERSEY COUNTY OF BERGEN I, Wayne Nunziata, Presk:lent of COLONIAL* SURETY COMPANY, do hereby cartify that the foregoing is a full, true and correct copy of the Financial Statement of said Company, es of Oecember 31,1996. IN WITNESS WHEREOF, I have signed this statement at Montvale, New Jersey, this 31st day of January, 1997. Wayne Nunziata ~ Jacqueline Berthelsen A Notary Public of New Jersey President Nota~ Public 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 May 21, 1997 John T. Montecalvo, Jr., President John T. Montecal¥o Inc. 48 Railroad Avenue Center Moriches, New York 11934 Dear Mr. Montecalvo: The Southold Town .Board, at a regular meeting held on May 13, 1997, accepted the bids of Corazzini Brothers to furnish and place Hot Mix Asphalt Concrete Pavement - "Type 5 Shim", Sand Mix Asphalt within the Town of Southold, and the bid of Corazzini Brothers to furnish and place Hot Mix Asphalt Concrete Pavement (NYS Dept. of Transportation StandardSpecifications Type 6 Top) within the Town of Southold for a period of one (1) year. Certified resolutions are enclosed. Thank you for submitting your bid on these proposals. Returned herewith are your two (2) $500.00 bid checks for the above described bids. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures JOHN T. MONTECALVO, INC. 48 RNLROAD AVENI, JE CENTERMOP,~HE~, NY 11934 516 325-1492 C EBTI F l ID ********************* HUNDRED DOLLARS ( PAY TO THE ORDER TOWN OF SOUT~{OLD ( ~ ~) MOT D~ST~OY S,~O.K. 001 5222 N.Y. 11972 - NO. 5/5/97 $500.00 DATE AMOUNT AND 00**00********************** ~HN · MONTECAL~, INC. 0015222 RE: CERTIFIED BID DEPOSITS TYPE 6 HOT ASPHALT HIX $500.00 TOWN OF SOUTHOLD 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 May 21, 1997 -Robert P. Polito, President Bi-County Paving Corp. 701-9 Koehler Avenue Ronkonkoma, New York 11779 Dear Mr. Polito: The Southold Town Board, at a regular meeting held on May 13, 1997, accepted the bids of Corazzini Brothers to furnish and place Hot Mix Asphalt Concrete Pavement - "Type 5 Shim", Sand Mix Asphalt within the Town of Southotd, and the bid of Corazzini Brothers to furnish and place Hot Mix Asphalt Concrete Pavement (NYS Dept. of Transportation - StandardSpecifications Type 6 Top) within the Town of Southold for a period of one (1) year. Certified resolutions are enclosed. Thank you for submitting your bid on these proposals. Returned herewith is your $10.00 bid check for the Type 5 Shim, and $500.00 bid check for the Type 6 Top. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 21, 1997 Perry W. Delalio, Jr., President Delalio - South Fork Asphalt 224A North Main Street Southampton, New York 11968 Dear Mr. Delalio: The Southold Town Board, at a regular meeting held on May 31, 1997, accepted the bid of Corazzini Brothers to furnish and place Hot Mix Asphalt Concrete Pavement (NYS Dept. of Transportation - Standard Specifications - Type 6 Top) within the Town of Southold for a period of one (1) year. I am enclosing a certified copy of the Town Board's 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 lown Clerk Enclosure 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 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUT[IOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 13, 1997: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Brothers to furnish and place Hot Mix Asphalt Concrete Pavement (NYS Dept. of Transportation Standard Specifications - Type within the Town of Southold for a period of one (1) year, as 6 Top) follows: Mainland 0 - 350 tons $53.00 per ton 350 - 650 tons $47.00 per ton 650 - 1,000 tons $50.00 per ton Over 1,000 tons $48.90 per ton Fishers Island $120.00 per ton $85.00 per ton $75.00 per ton $ 75.00 per ton Judith T. Terry Southold Town Clerk May 14, 1997 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 aspbalt contractors to perform wilhin the Town of 5outhold as may be required for a period of one (I) year, lbo following: Furnish and Place Itol Mix Asphalt Concrete Pavement (NY State Dept. of Transportation - Standard Specifications Type 6 Top). Specifications may be obtained at the Office of the Town Clerk, Town of SoutholH, Town Hall, 53095 Main Road, Southold, New York 11971, upon payment of a $15.00 non-refundable fee. The sealed bids, together with a Non-Collusive Bid Certificate, and bank draft or certified check in Ih~. amou~t or $500.00, will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southohl, New York, until 10:00 A.M., Thursday, May 8, 1997, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive a~y and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. A Performance Bond in the amount of $10,000.00 shall be required of the successful bldcler. 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", at~(I submitted to the Office of the Town Clerk. The bid price shall riot include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: April 15, 1997. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON OF PUBLICATION TO JUDITH TERRY, BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Superintendent of Higbways Jacobs Dodge Reports Brown's Letters Burrelle's Information Services Construction Data Corporation Town Clerk's Bulleti~ Board APRIL 211, 1997, AND FORWARD ONE (1) AFFIDAVIT TOWN CLERK, TOWN HALL, PO RAYM/OND 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 MATER]~ HOT ~ A~PHALT CONCRETE PA~ "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 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. on the . day of , 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 ail bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR MAY NOT withdraw his bid during 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 ($10,000.00) dollars will be required of the successful bidder. Perl'orrnance Bonds or Ce~/i~ed Checks shall be made payable to the order of the Town of Southcld. Dated: BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk INSTRUCTIONS TO BIDDERS a. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The Proposal form shall not be detached from the bid package. Failure to comply with this requirement will constitute grounds for rejection of the bid subject to the digression of the Highway Superintendent. Any and all exceptions to the specifications shall be listed on a separate sheet beadng the designation: 'Exceptions to the Specifications', and attached to the Bid Form. Each proposal must be signed in writing with the full name and address of bidder. The bidders shall write in ink, both in words & numerals, the pdce for which he proposed: to furnish all materials, plant, equipment, tools, shodng or bracing, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Highway Superintendent. Proposals, together With the entire bid package, shall be delivered enclosed in an opaque sealed envelope and shall be addressed as indicated on Invitation to Bid. The envelope shall be marked "Propceal" beadng the title of work and the Bidders Name. Bidders may bid on one or any combination of items listed on the proposal sheet. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of five hundred ($ 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 ail 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 Invffation 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 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 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 car~ 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: ~ &ADD OF BIDDER: Tell. 9: BUSINESS ADDRESS: NAF~ OF PARTNERS: and r 'de cm each mambe= ~hereof ! RESIDENC~ OF PARTNERS: If bi~er is a Co~oration, Fill in the following blanks: Organize~ under the State of: Name and A~h~ress of President: Name and A~ess of Secretary: Name and A~dresa of Vice President: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 ~ 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 req~,irements, 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 M~TER!ALS 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: FURNIHH AND P~.~CE WITHIN SOUTHO~.~ TOWN Ese_%ma.'ce~. Deeorip*.ion o~' I I~m ~: Quan~.&~y (1:~it price Written in Wor~s) Unit Price Bid D~llars Cents 1W 0-350 Tons 2W 35~-6~0 Tons 3W 6~0-1,000 Tons 4W ~,000 Tons Dolla~s Cents For: ~Do/l~ ~W/(~-~ Per Ton For: ~& ~'~3~ ~/~] ]) ~er Ton Dollars ( Cents ~/ For: ~{~-~fn /#u Per Ton Dollars Cents (2) FURNISH AND PL~.CE ON FIS~S ISLAND Dollars Cents Tons Dolla=s Cents 2W 350-650 Tons 4W For: 3W 650-1,000 For: ~ Per Ton Tons Cents 1,000 For: - "/f~ Per Ton Tons 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 en5er into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within 5he (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 accep~or reject this prgpcsal or ky mutual agreement may extend this/~'ime period. INSURANCE REQUIREMENTS: The Contractor shall not commence any work until he has obtained, and had approved by the Town of Southold, ail 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. Ao 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 latter's employees unless such employees are covered by the protection afforded by the Contractor. Public Liability and Prol~er[v 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 this 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 Progerty Damage Insurance: The above policies for Public Liability and Property Damage Insurance must be so written 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 Protec~ve 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 injudes to, or death of, one person and subject to that limit for each person, a total limit of One Million Doilare ($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 ($1,000,000.00) for damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident, a total (or aggregate limit of Two Million Dollars ($ 2,000,000.00) for ali damages adsing 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 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 1997, between with its principal office and place of business at , hereinafter celled 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 celled 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 specificetions for bid, at the following unit prices: The above specified contract shall be for a period of one (1) year from the day of 1997 through the day of 1998. 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) STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On the day of ,1997, 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. Notary ;,-'uDIiC STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) . On the day of ,1997, 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. NOta~' I-'UnI~C (2) SPECIFICATIONS: ~SPHALT CONCRETE PAVEMENT Town of Southold 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 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 6 meet or exceed the following requirements: ASPHALT CONCRETE PAVEMENT Screen General limits Job Mix Sizes % Paasina Total ~9 1" 100 ¼" 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 WFATHER 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 wdting 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 right to make tests before and after delivery and placement of asphalt material 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 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. NON-COLLUSIVE BIDDING CERTIFICATION By submission of this bid. each bidder and each person signing oh behalf of any bidder cer t i f ies, and in the case of a joint bid, e&ch par ty thereto car t i f i'es as to its own organizations~ under penalty of per jury. that to' the best of his knowledge and be ief : I. The prices n this bid have been arrived at independently. without col usion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder, or with a competitor: 2. Untess otherwise required by law, the prices which have been quoted in thi~ bid have not been knowing ~ disclosed by the bidder prior to opening, directly or indJ rectly, to any other bidder or to any competitor: and 3. No attempt has been made or wi I I be made by the bidder to induce any other person, partnership or corporation to submit or not submit a bid for the purpose of restr irt ~n9 compet i t ~on. I hereby affirm under the penalt ~es.~of per ury that the Pr int or Type Name and I i tle JUD~i'H B, V~RTZ NOT/~¥ PU~IO. State 0f Ne~ Y~xt[ I~. 4781124, 8ulblk LEGAL NOTICE NOTICE TO I~ID~)ERS 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 (1) year, the following: Furnish and Place Not Mix Asphalt Concrete Pavement (NY State Dept. of Transportation Standard Specifications - Type 6 Top). 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 $15.00 non-refundable fee. 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, Southolcl, New York, until 10:00 A.M., Thursday, May 8, 1997, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. A Performance Bond in the amount of $10,000,00 shall be required of the successful 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 to the 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: April 15, 1997. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL 24, OF PUBLICATION TO JUDITH TERRY, BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times 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 1997, AND FORWARD ONE (1) AFFIDAVIT TOWN CLERK, TOWN HALL, PO RAY~Oh-D 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]TIT]ON TO BID FOR THE Pt!RCH~E & APPLICATION OF A~PH~T ROAD M~E~ HOT MLX I~PHALT 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. JOHN T, MONTECALVO, INC. 48 RAIU~ AVENUE CENTERMORICHES, NY 11934 516 325-1492 SPEONK. N.Y. 11972 50-791/214 0015222 NO. 5/5/97 $5.0.OO DATE AA4OUNT HUNDRED DOLLARS AND **************************** TO THE ~,'~,~K ORDER TOWN OF SOOT HOLD OF ,"0 & 5 ~ ~ ~m' JOHN T. MONT'ECALVO, INC, JOHN T. MON~ECALVO. INC. 0015222 RE= CERTIFIED BID DEPOSITS TYPE 6 HOT ASPHALT MIX $5.*..0 TOWN OF SOUTHOLD 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 Sou~hold 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, Southcld, New York 11971, until: 'lO:CO A.M. onthe All Specifications are provided herein. A fee of twenty-five dollars ($25.00), cash or check, made payable to the Town of Southotd 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 dudn9 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 ($10,000.00) dollars will be required of the successful bidder. Performance Bonds or Certified Checks shall be made payable to the order of the Town of Southold. Dated: BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk INSTRUCTIONS TO BIDDERS a. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The Proposal form shall not be detached from t~e bid package. Failure to comply with this requirement will constitute grounds for rejection of the bid subject to the digression of the Highway Superintendent. Any and all exceptions to the specifications shall be listed on a separate sheet beadng the designation: 'Exceptions to the Specifications", and attached to the Bid Form. Each proposal must be signed in writing with the full name and address of bidder. The bidders shall write in ink, both in words & numerals, the pdce for which he proposed: to furnish all materials, plant, equipment, tools, shodng or bracing, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Highway Superintendent. Proposals, together with the entire bid package, shall be delivered enclosed in an opaque sealed envelope and shall be addressed as indicated on Invitation to Bid. The envelope shall be marked "Proposal" beadng the title of work and the Bidders Name. Bidders may bid on one or any combination of items listed on the proposal sheet. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of five hundred ($ 500) dollars payable to the Town of Southold. As soon as the proposal prices 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 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 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 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 wdtten 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 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: BUSINESS ADDRESS: ~ OF PARTN~.RS: If bidder is & Fi~m, state here the name and residence of each member ~e=eof ! RESIDENCE OF PARTNERS: If bidder is a Corporation, Fill in the following bla~ks: O=gan~z~undm= ~he S~ate of: ~ TO~ TO: BOUTHOLD TOWN BOARD TOWN ~?.?. - 53095 ~ ROAD SOUTHOLD, NEW XORK 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: FUP~NISH A~D PI~%CE ~PHA~T CONCI~ETE ~L%TERI/tLS W~THIN 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 rsquired 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: FURNISH ~ PLACE WITHIN SOUTHOLD TOWN Unit Price Bid Dollars Cents 1X 0-350 Tons 2X 350-650 Tons 3X 650-1,000 Tons 4X Over 1;000 Tons Dollars Cents For: xrYP vk eer Ton Dollars Cents For: A//~F~ ~//o~ d~4~/-~Per Ton Dollars Cents For: /~A/b /~o/~/~ ~J/~'3Z ~99~er Ton Dollars Cents (2) FURNISH AND pT.~CE ON FIS~RS IST.~ND ~s~4--~ Des~.~ip~ion of I~ Tons Dollars Cents 2W 350-650 Tons For:/q/o~'~q ~ W~//~e~9;~ Per Ton Doll'ars Cents 3W 650-1,000 Tons Asphalt ~ T~ 6 Tq2p - ~sh~ & Pla=m4 For~//~rr/-~V~ c~//,z/'% ~"¢~r'X Per Ton Dollars Cents 4W 1,000 Tons Dollars Cents Dullars CenCs ~'OO 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 cf 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 reuurned to the bidder within forty-five (45) days after the date cf the receiving bids. Signature of Bidder: Telephone 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 ~id~e=: G~ '~'. (Please (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. Comgensaflon 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 during the life of this Contract such Public Liability and Property Damage Insurance as shall protect him and any subcontractor performing work covered by thi's 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 all accidents. Co Liability and Prol~ert¥ Damage Insurance: The above policies for Public Liability and Property Damage Insurance must be so written 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 add~onal 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 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 during the policy period. 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 original insurance policy. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date cf 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 1997, 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. 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 pdces: The above specified contract shall be for a period of one (1) year from the .. day of 1997 through the day of 1998. 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) COUNTY OF SUFFOLK) On the day of ,1997, 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. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) · On the day of ,1997, before me personally came JEAN W. COCHRAN, to me known, who being by me duly swom, 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. (2) SPECIFICATIONS: ASPHALT 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 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 % Paseina Total % 1" 100 %" 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 - degme~ F 5.8-7.0 +/- 0.4 250 - 325 WI=ATHER LIMITATIONS: The material shall be placed only when: 1. The read surface and atrnospheric 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 wdtten order. Any reason for delay in work shall be submitted to the Town in writing explaining the delay, ff 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 cf 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. MI=ASUREMENT & PAYMENT: The prices 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 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 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 (1) year, the following: Furnish and Place Hot Mix Asphalt Concrete Pavement (NY State Dept. of Transportation - Standard Specifications - Type 6 Top). 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 $15.00 non-refundable fee. 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 Southoid, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, May 8, 1997, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. A Performance Bond in the amount of $10,000.00 shall be required of the successful 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 to the 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: April 15, 1997. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL 24, OF PUBLICATION TO JUDITH TERRY, BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times 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 1997, AND FORWARD ONE (1) AFFIDAVIT TOWN CLERK, TOWN HALL, PO RAYMOND L. JACOBS Superkttendent I-tighway Department Town of Southold Peconic Lane P.O.13ox 178 Peconic, New York 11958 Tel. (516) 765-3140 (516) 734-5211 Fax. (516) 765-1750 ]NV]TAT]ON TO B]]) FOR TH~ PURCH~E & APPLICATION · OF A~PH~T ROAD MATERIAL~t HOT MLX A~PH~T CONCRETE PAVEMENT "l e 61bp" TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK NOTE: THE TOWN OF SOUTHOLD MAY ALSO REQUIRE ,I- 30,000 SQUARE YARDS (more or less as may be needed), OF ASPHALT ROAD MATERIALS TO BE APPLIED ON FISHERS ISLAND. COLONIAL SURETY COMPANY Harrisburg, Pennsylvania BID BOND Approved by The American Institute of Architects A.I.A. Document No. A-310(Feb. 1970 Edition) KNOW .Al .l. MEN BY THESE PRESENTS, that we KJB INDUSTRIES INC. DBA EAGLE ASPHALT MAINTENANCE, Riverhead, NY as Principal, hereinafter called the Principal, and COLONIAL SURETY COMPANY, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto TOWN OF SOUTItOLD, SOUTI~OLD, NY as Obligee, hereinafter called the Obligee, in the sum of 2% of omount bid for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, fu'mly by these presents. WHEREAS, the Principal has submitted a bid for ANNUAL PAVING CONTRACT TYPE 6 TOP NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the diffe~nce not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 6th day of May 1997. '- 6Vitness) Sonia Perrone Form C200-119 (Rev. 4/88) KJB INDUSTRI~-$ INC. DBA EAGLE ASPHALT (Principal) (Seal) (Title) COLONIAL SURETY COMPANY (Seal) /Sherryan~ DePirro (Attorney-in-Fact) C~LONIAL SURETY COMPANY ~1' Harrisburg. Pennsylvania New J~'~¥ Administrat'~ Office: 50 Cheatnut Ridge Road, Montvale, O7645 Fora3 S-1QO-1Q1 (Rev. 7/96) State of New Jersey County of Bergen On this 6ch day of Y~A¥ , in the year 1997, before me Jacqueline Moraites, a Notary Public, personally appeared Sherryanne DePirro, personally known to me to be the person who executed tl~e within instrument as Attorney-in-Fact, on behalf of Colonial Surety Company therein named and acknowledged to me that the corporation executed it. Jacqueline Momites A Notn~ PulSe of New Jersey My Commissiou ~s~s Septemh~- S, ~000 ~9~'Notary~Public in and for the County of Bergen State of New Jersey COLONIAL SURETY COMPANY Harrisburg, Pennsylvania - Inc. 1930 - FINANCIAL STATEMENT---DECEMBER 31, 1996 *Stocks and Bonds .................... $ 2,668,027 Cash fn Office & Banks .................. 1,001,933 Accrued Interest & Dividends ............. 41,007 Premiums & Agents Balances Receivable .... 489,392 Other Assets ......................... 1,551,692 Total Admit'ted Assets .............. 5,752,051 LIABILITIES & SURPLUS Reserve for Unearned Premiums .............. $ 803.530 Claim Reserves .......................... 773,000 Other Resales ........................... 49,513 Collateral Held ........................... 1,386,8~8 Capital Stock ............................ 1,000,000 Surplus ................................ 1,739,150 Total Liabilities & Surplus ............... 5,752,051 'Bonds and stocks are valued on baSiS aporo~ed by Nat,onal Association of Insurance Commissioners. STATE OF NEW JERSEY COUNTY OF BERGEN I, Wayne Nunziata, President of COLONIAL SURETY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the Financial Statement of said Company, as of December 31,1996. IN WITNESS WHEREOF, I have signed this statement at Montvale, New Jersey, this 31st day of Janua~, 1997. Jacqueline Berthelsen A Notary Public of New Jersey President No'b/Public 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 Southeld Town Clerk, Southold Town Hail, 53095 Main Road, Southold, New York 11971, until: 10:00 A.M. onthe , dayof , 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 Soul)hold 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 Pefformanca Bond in the amount of Ten Thousand ($10,000.00) dollars will be required of the successful bidder. Performance Bonds or Certified Checks shall be made payable to the order of the Town of Southoid. Dated: BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The Proposal fo~m ahall not be detached from t~e bid package. Failure to comply with this requirement will constitute grounds for rejection of the bid subject to the digression of the Highway Superintendent, Any and all exceptions to the specifications shall be listed on a separate sheet beadng the designation: "Exceptions to the Specifications', and attached to the Bid Form. Each proposal must be signed in writing with the full name and address of bidder. The bidders shall write in ink, both in words & numerals, the pdce for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, or other facilities, & to perform all labor and services necessa~J for the proper completion of the work in stdct accordance with the plans and specifications, and subject at all times to the approval of the Highway Superintendent. Proposals, together with the entire bid package, shall be delivered enclosed in an opaque sealed envelope and shall be addressed as indicated on Invitation to Bid. The envelope shall be marked "Proposal" beadng the title of work and the Bidders Name. Bidders may bid on one or any combination of items listed on the proposal sheet. No proposal shall be considered which has not been received by the Southold Town Clerk pdor to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of five hundred ($ 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 noti~ 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 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 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-fwe (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 right 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 properly qualified to carry out the obligations of'the contract and to complete the wo~ 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: NAME & ADDRESS OF BIDDER: BUSINESS ADDRESS: ~ OF PAP~TNERS: and residence of each member ~ESIDENCE OF PARTNERS: If bic~er is a Corporation, Fill in the following blanks: Organize(~ under t. he State of: Name and ~ess of President: Name and A~dresa of Secretary: Name and A~ess cf Vice President: TO: SOUTHOLD TOWN BOARD TOWN H~?,?. - 53095 ~ ROAD SOUTHOLD, NEW XORK 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: FDI~ISH AND PLACE ASPHALT CONCRETE M~TERIALS WITHIN TH~ 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 ~ND SUPPLY ALL LABOR AND MATERIAL FOR .THE PLACEMENT OF ASPHALT CONCRETE WITHIN THE TOWN OF SOUTHOLD FOR THE STIPULATED "UNIT PRICES" OF: ~'uKNISH AND PT.~CE WITHIN SOUTHOT.~ TOWN Unit Pri~e Bid Dollars Cents 1W 0-350 Tons 2W 350-650 Tons Dollars Cents D~ars Cents 3W 650-1,000 Tons Fcr: -- ~er Ton Dollars Cents 4W Over 1,000 Tons For: ~ Per Ton Dollars Cents (2) ~'v~ISH AND PLACE ON FISHERS ISLAND Es~--~ed Des~ip~on of X~em I~em 9: ~%~an~i~y (~ price ~i=~ ~ Wor~) 1W 0-350 Tons Uni= Pries Bid Dollars Cents 2W 350-650 For er Ton Tons 3W 650-1,000 For: Per Ton ~ / ,~ Tons Dollars Cents u 4W 1,000 For: Per Ton Tons 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: Signature of Bidder: (Please Print) Telephone N,.--~er: ~'72A7 -SJ~O Date: o (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 Uability and Property Damage Insurance Owner's Protective Public Uability 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 all his employees employed at the site of the project, and in case of any of the work being sublet, the Contractor shall require ail subcontractors similarly to provide Workmen's Compensaficn Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Public Liabilityand Property D~mage 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 this Contract fi.om claims for damages for personal injury including accidental death as well as fi.om 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 written to include Contractor's Protective Liability and Prope~ 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 adsing 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 ($1,000,000.00) for damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident, a total (or aggregate limit of Two Million Dollars ($ 2,000,000.00) for all damages adsing out of injury to, or destruction of, property during the policy period. 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: Tt~e 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. AGREEMENT made this. Day of 1997, 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 period of one (1) year from the day of 1997 through the day of 1998. 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 ,1997 , 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. NOta~ P'UDIIC STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) · On the day of ,1997, 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 P'u DIic (2) SPECIFICATIONS: ASPHALT CONCRETE PAVEMENT Town of Southold Zo 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 meet or exceed the following requirements: ~SPHALT CONCRETE PAVEMENT Screen General Ilmit~ Job Mix Sizes '~ Paasin= Total % 1" 100 ~" 95-1 O0 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 WFATHER 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. 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 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. 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 soughl and requested for 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 (NY State i)ept, of Transportation - Standard Specifications Type 6 Top). 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 ~a15.00 non-refundable fee. 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, May 8, 1997, at which time they will be opened and read aloud in public, The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. A Performance Bond in the amount of $10,000.00 shall be required of the successful 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 to the 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: April 15, 1997. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL 211, 1997, AND FORWARD ONE (1) OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN BOX 1179, SOUTHOLD, NY 11971. Copies to the' following: The Suffolk Times 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 AFFIDAVIT HALL, PO RA¥1V[OIN'D 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 MATERIA~ HOT MIX A~PHALT CONCRETE PAVEMENT "Type 6 Top" TOWN o~: 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 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 Southoid Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until: 10:00 A.M. onthe , dayof , 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 during 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 ($10,000.00) dollars will be required of the successful bidder. Performance Bonds or Certified Checks shall be made payable to the order of the Town of Southold. Dated: BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk INSTRUCTIONS TO BIDDERS a. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The Proposal form shall not be detached from the bid package. Failure to comply with this requirement will constitute grounds for rejection of the bid subject to the digression of the Highway Superintendent. Any and all exceptions to the specifications shall be listed on a separate sheet beadng the designation: "Exceptions to the Specifications", and attached to the Bid Form. Each proposal must be signed in writing with the full name and address of bidder. The bidders shall write in ink, both in words & numerals, the pdce for which he proposed: to fumish all materials, plant, equipment, tools, shodng or bracing, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Highway Superintendent. Proposals, together With the entire bid package, shall be delivered enclosed in an opaque sealed envelope and shall be addressed as indicated on Invitation to Bid. The envelope shall be marked "Proposal" beadng the title of work and the Bidders Name. Bidders may bid on one or any combination of items listed on the proposal sheet. No proposal shall be considered which has not been received by the Southold Town Clerk pdor to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of five hundred ($ 500) dollars payable to the Town of Southold. As soon as the proposal pdces have been compared, the Owner shall retum 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. .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 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 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 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 sat 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 right 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 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 cerlified 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. NAME & ADDRESS OF BIDDER: Tell. #: BUSINESS 'ADDRESS: Tell. 9~--/~ 7o/-q ~ OF PARTNERS: If bidder is a Firm, s=a=e here ~he name RES~.NCE OF PARTNERS: If bidder is a Corporation, Fill in the following blanks: Orgar~zed under ~he Stare of: Name and Adc~ress of Presiden=: Name and A~ress of Secre~y: Name and A~ess of Vice President: TO: SOUTHOLD TOWN BOARD TOWN H,a?,?. - 5~095 M~XN ROAD SOUTHOLD, NEW ZORK 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: FURNISH AND PLACE ASPHALT CONCRETE M~TER/.ALS WITHIN TW~- 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 $OUTHOLD FOR THE STIPULATED "UNIT PRIC~S" OF: ~'uaNISH AND pr.~.CE WITHIN SOUTHOLD TOWN Es~-%ma~md Des~.ript~on of I~ Uni= Pri~.e Bid Dollars Cen=s 1W 0-350 For:~O~ ~ /~o Per Ton Tons Dollars Cents 2W 350-650 Tons For:,~,~'~7-~Oo~iars / ~/~nts Per Ton 3W 650-1,000 For: ~"~ ~)~ 2 -J,'~/ Per Ton Tons Dorlars ~ents 4W Over 1.000Tons Fuxnishe~ & placm~ ~;C~ts Per Ton (2) AND PLACE ON FISHERS IS~.a-ND 1W 0-350 Tons 2W 350-650 Tons 3W 650-1,000 ~ons 4W Es~/ma~ Dee~ipt. ion of I~==- Unit Prt~.e Bid Item 9: ~uan~it~ (Un/t pri~ Written in Wor~s) Dollars Cents FOr: Per Ton Dollars Cents For: Per Ton 0ollars Cents For: Per Ton Dollars Cents For: Per Ton Dollars Cents Over 1,000 Tons And he further agrees that if this proposal shall be accepted by the Town and tha~ 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. (Pleue Print) Name of Bidder: (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. Coml)ensefion 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 ail of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Public Liability and Properly 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 this 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. [,lability and Property Damage Insurance: The above policies for Public Liability and Property Damage Insurance must be so written 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 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 adsing out of injury to, or destruction of, property during the policy period. 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 997, 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 1997 through the day of 1998. 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) COUNTY OF SUFFOLK) On the day of ,1997, 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~al¥ P'UDIIC STATE OF NEW YORK) SS; COUNTY OF SUFFOLK) · On the day of ,1997, 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 Pul31ic (2) SPECIFICATIONS: ASPHALT CONCRETE PAVEMENT Town of Southold 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 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: ~SPHALT CONCRETE PAVEMENT Screen General limit~ Job Mix Sizes % Passina T~tal % 1" 100 W' 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 WFATHER 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 sufficien, t storage for the items to be furnished. EQUIPMENT. DELIVERY & APPLICATION - Continued: 2. All work shall commence within five (5) Callander days after receipt of wdttan order. Any reason for delay in work shall be submitted to the Town in wdting explaining the delay. If the reason is not acceptable to the Town, work must continue without any further delay. 3. Bituminous pavers shall be serf-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 material 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. MFASUREMENT & PAYMENT: The pdces quoted in this bid, and subsequently awarded, are to be used in establishing prices 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 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 fumishing 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 ]NV]TiT[ON TO B]]) FOR THE PURCHASE & APPLICATION .'OF ASPH~T ROAD MATER. S HOT MLX ASPII,tLT CONCRETE PAVEMENT "Type 6 Top" TOWN oF SOUTflOLD SUFFOLK COUNTY, NEW YORK NOTE: THE TOWN OF SOUTHOLD MAY ALSO REQUIRE +t- :30,000 SQUARE YARDS (more or less as may be needed), OF ASPHALT ROAD MATERIALS TO BE APPLIED ON FISHERS ISLAND. 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 ~uthold as may be required for a period of one (1) year, the following: Furnish and Place Hot Mix Asphalt Concrete Pavement (NY State Dept. of Transportation Standard Specifications Type 6 Top). Specifications may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, $outhold, New York 11971, upon payment of a $15.00 non-refundable fee. 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, May 8, 1997, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. A Performance Bond in the amount of $10,000.00 shall be required of the successful 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 to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from .~ 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 MLx 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. on the , day of , 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 resets/es the dght to waive any informalities, and to reject any or ail 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 ($10,000.00) dollars will be required of the successful bidder. Performance Bonds or Certified Checks shall be made payable to the order of the Town of Southold. Dated: BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The Proposal form shall not be detached from tile bid package. Failure to comply with this requirement will constitute grounds for rejection of the bid subject to the digression of the Highway Superintendent. Any and all exceptions to the specifications shall be listed on a separate sheet bearing the designation: "Exceptions to the Specifications", and attached to the Bid Form. Each proposal must be signed in writing with the full name and address of bidder. The bidders shall write in ink, both in words & numerals, the pdce for which he proposed: to fumish all materials, plant, equipment, tools, shodng or bracing, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Highway Superintendent. Proposals, together with the entire bid package, shall be delivered enclosed in an opaque sealed envelope and shall be addressed as indicated on Invitation to Bid. The envelope shall be marked "Proposal" beadng the title of work and the Bidders Name. Bidders may bid on one or any combination of items listed on the proposal sheet. No proposal shall be considered which has not been received by the Southold Town Clerk pdor to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of five hundred ($ 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 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 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 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 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 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 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 bidders 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: NA~E OF PARTNERS: If bidder is a Firm, s2a=e here ~he name If biclcler is a Corporation, Fill in the following blanks: Organized unc~r ~he State of: Name and A~ess of President: Name and Ad~ress of Secret~ry: Name and A~dress of vice President: TO: SOUTHOLD TOWN BOARD TO~N HALL - 53095 ~ 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: FURNISH AND PLACE ASPHALT CONCRETE M~TERIALS 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 ~HE PLACEMENT OF ASPHALT CONCRETE WITHIN THE TOWN OF SOUTHOLD FOR THE STIPULATED "UNIT PRICES" OF: FURNISH AND PT~CE WITHIN SOUTHO~.n TOWN it~ %: QumnCiCy (Unit price written in words) Unit Price Bid Dollars Cents 1W 0-350 Tons For: Per Ton Dollars Cents 2W 35~-650 Tons For: Per Ton Dollars Cents 57 00 3W 650-1,000 Tons For: Per Ton Dollars Cents 58 O0 4W 1,000 Tons For: ~r Ton Dollars Cents (2) 1W 0-350 Tons 2W 350-650 Tons 3W 650-1,000 Tons 4W .FURNISH AND PT~:E ON FISHERS ISLAND ES~ Delcrip~ion of I~ ~ Pri~ Bid / For: ~.r To~ Dollars Cents For: P.r Ton Doll'ars Cents For: Dollars Cents For: Per Ton Oollars Cents Over 1,000 Tons 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. (Pliant9 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 carriage of the above required insurance has been posted with and approved by the Owner. Ao CompenSaQon 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 latter's employees unless such employees are covered by the protection afforded by the Contractor. Public Liability and Properly 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 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 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 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 period. 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 fumished, 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 1997, 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 necessar~ labor, materials, equipment and incidentals required to fumish and place asphalt concrete for the Town of Southold in accordance with the requirements of the specifications for bid, at the foilowing unit prices: The above specified contract shall be for a pedod of one (1) year from the __ day of 1997 through the day of 1998. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF $OUTHOLD By Jean W. Cochran, Supervisor CONTRACTOR By (1) ~TATE Of NEW YORK) SS: COUNTY OF SUFFOLK) On the day of ,1997, 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 pUnllC STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On the day of ,1997, 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. NOta~ I-'UDI~C (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 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 limit~ Job Mix Sizes % Passina Total % 1" 100 ~" 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 WFATHER 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 sufficie0t 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 material 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. MFASUREMENT & 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 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 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. I.~GAL NOTICE NOTICE TO BIDDERS NOTICE IS H~REBY GIVEN, in ~ with thc provisioaa of S~tinn 103 of the C~neral Municipal l..~,, that ~e~led bids art ~on~ht and ~ for quallfl~l a~plmlt ~ to perform within the Town d S~thold a~ may bt ~qultt~d hr n ~ of ohs (1) year, h ~ and PInte Rot Mix ~ pavement (NY h~e $1~tl[~,tinns -- 'l~pe 6 T~). S~fions may be ob~ined at the ~ of the Towo Clerk, Town of Southold, Town Hall, 53095 Main Ro~d, Southold, New York 11971, upea [~yment of a $15.00 non-refund- The sealed bids, together with a No~-Co~hsive Bid C~rtificate, and ~ dmf~ or cenifi~ check ia tl~ ~ of $500.00, will be received by -t~ ~ Clerk of the Town of Soiahold at the Southold Town Hall, 53095 Main Road, Southold, New Yo~k, ~il 10:~ A.M., Thursday, M~ $, 1997, at which time they will he ~ and read aloud in public. The Town Board of the Town of Soulbeld re. ryes the right to reject any and all bids and waive ar~y ami all iofom~liries in any bid should it be ~ in the best interest of the Town of Somhol~to do so. A Performance Bond in the amount of $10,000.00 shall he required of s~lx~ful bidder, pedormanc~ Bonds or C~rlificd Checks shall be made peylthle to the order of the Town of All bids must be signed and i~ aav¢iopes plainly marked #~d ~ Aspiu~ Conirsct", ~ sub- mitted to the 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: April 15, 1997. JUDITH T, TERRy SOUTHOLD TOWN CLERK 8955-1TA24 STATE OF NEW k ) SS: s~d Co~, being d~y swo~, says ~at he/she is Principal Clerk of THE S~FOLK TIMES, a Wee~y Newspaper, published at Mattituck, in the To~ of Southold, County of Suffolk and State of New York, and ~at the Notice of which ~e ~nexed is a p~ted copy, has been ~- ly published in said Newspaper once each week for [ . weeks s~ccessiyely, ~ommenci~ on Principal Clerk Sworn to before me thisj~~' day of ~'~ _~?~L 19~7 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 ~l~t day of April 1997, 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, qualified asphalt contractors to perform within the Town of Southold for one (1) year, furnishing and placing hot mix asphalt concrete pavement (NYS Dept. of Transportation - Standard Specifications - Type 6 Top), bid opening: 10:00 A.M., Thursday, May 8, 1997, Southold Town Clerk's Office. Sworn to before me this :~lst day of April 1997. Notary Public //'Judith T. Terry // Southold Town Clerk UNDA J. COOPER Nokery Public. State of New Yo~k I No~. 4822~63, Suffolk ~ ~rm ~ire~ ue~ 31, 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 (1) year, the following: Furnish and Place Hot Mix Asphalt Concrete Pavement (NY State Dept. of Transportation Standard Specifications - Type 6 Top). 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 $15.00 non-refundable fee. 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, May 8, 1997, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. A Performance Bond in the amount of $10,000.00 shall be required of the successful 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 to the 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: April 15, 1997. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL 2a, 1997, 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 Suffolk Times 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 Peeonic, New York 11958 Tel. (516) 765-3140 (516) 734-5211 Fax. (516) 765-1750 INVITATION TO BID FOR THE PURCH~E & APPLICATION ~OF A~PHALT ROAD MATERIAL~ HOT MIX A~PHALT CONCRETE PI~ '"~e 6 Top" TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK NOTE: THE TOWN OF SOUTHOLD MAY ALSO REQUIRE +t- 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 pedod of one year from the commencement of the contract. All work shall be in accordance with the Specifications herein as wetl 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 Southoid Town Clerk, Southold Town Hail, 53095 Main Road, Southold, New York 11971, until: 10:00 A.M. on the . day of, 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 contrect 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 ($10,000.00) dollars will be required of the successful bidder. Performance Bonds or Certified Checks shall be made payable to the order of the Town of Southold. Dated: BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southoid Town Clerk INSTRUCTIONS TO BIDDERS a. PROPOSALS Proposals must be made in stdct accordance with the "Proposal Form" provided. The Proposal form shall not be detached from the bid package. Failure to comply with this requirement will constitute grounds for rejection of the bid subject to the digression of the Highway Superintendent. Any and all exceptions to the specifications shall be listed on a separate sheet beadng the designation: 'Exceptions to the Specifications', and attached to the Bid Form..Each proposal must be signed in writing with the full name and address of bidder. The bidders shall write in ink, both in words & numerals, the pdce for which he proposed: to furnish all materials, plant, equipment, tools, shodng or bracing, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Highway Superintendent. Proposals, together With the entire bid package, shall be delivered enclosed in an opaque sealed envelope and shall be addressed as indicated on Invitation to Bid. The envelope shall be marked "Proposal" bearing the title of work and the Bidders Name. Bidders may bid on one or any combination of items listed on the proposal sheet. No proposal shall be considered which has not been received by the Southold Town Clerk pdor to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of five hundred ($ 500) dollars payable to the Town of Southold. As soon as the proposal prices 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 fi.om 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 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 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 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 wdtten 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 wdtten 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 right 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 property 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: NAME & ADDBESS OF BIDDER: Tell. #: ~USINESS ADDRESS: Tell. #: NA~E OF PARTNERS: If bidder is a Firm, s=a~e here the name and residence of each member the=eof ! RESIDENC~ OF PARTNERS: If bidder is a Corporation, Fill in the following blanks: Organized under t. he S=a~e of: Name and Ad~ress of President: Name and Address of Secretary: Name and A~ress of Vice President: TO: SOUTHOLD TOWN BOARD TOWN H~?.T. - 53095 ~ 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: FURNISH AND PLACE ASPHALT CONCRETE MATERL%LS WITHIN TH~ 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 ~TERIA~ FOR :THE PLACEMENT OF ASPHALT CONCRETE WITHIN THE TOWN OF SOUTHOLD FOR THE STIPULATED "UNIT PRIC~S" OF: AND PLACE WITHIN SOUTHOLD TOWN ~ua~_tt~ (Unit price Writ=eh in WQrds) Dollars Cents 1W 0-350 For: Per T;n Tons Dollars Cents 2W 350-650 For: Tons Dollars Per Ton Cen=s 3W 650-1,000 For: Tona Dollars Cents 4W Over 1,000 Tons For: Per ToD Dollars Cents (2) FURNISH AND p'r,~cE ON FI-~F~S ZST.a/~D Es~_%ma~ Descrip~ion cf Item 1W 0-350 For: Tons Dollars Per To~ Cents 2W 350-650 For: Tons Doll'ars Per Ton Cents 3W 650-1,000 For: Tons Dollars Per Ton Cents 4W 1,000 Tons For: Per Ton Dollars Cents Dollars And he further agrees tha~ 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 Blob:Let: Telephone 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. 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 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 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 toeach 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 written 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 adsing out of bodily injudes 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 ($1,000,000.00) for damages adsing out of injury to, or destruction of, property in any one accident and subject to that limit per accident, a total (or aggregate limit of Two Million Dollars ($ 2,000,000.00) for all damages adsing 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 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 1997, 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 1997 through the day of 1998. 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) COUNTY OF SUFFOLK)ss: On the day of ,1997, 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. Notary I.~u DIiC STATE OF NEW YORK) COUNTY OF SUFFOLK)si: On the day of ,1997, 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. ~lotal'y ~'UDIIC (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 6 meet or exceed the following requirements: ASPHALT CONCRETE PAVEMENT Screen General limits Sizes % Paasina 1" 100 '~" 95-100 1/4" 65-85 1/8" 36-65 No. 20 15-39 No. 40 8-27 No. 80 4-16 No. 200 2 - 6 Asphalt Content, % 5.8-7.0 Mixing & Placing Temperature Range - degrees F 250-325 Job Mix Total % +/- 7 +A 7 +/- 7 +/- 7 +/- 4 +/- 2 +/- 0.4 WFATHER 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 furnished. F4 EQUIPMENT. DELIVERY & APPLICATION - Continued: 2. All work shall commence within t'~ve (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 material 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 fight to make tests before and after delivery and placement of asphalt material 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. RIDDER 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. MI=ASUREMENT & PAYMENT: The pdces quoted in this bid, and subsequently awarded, are to be used in establishing prices 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 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. 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 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 APRIL 15, 1997: RESOLVED that the Town Board of the Town of Southold hereby authorizes directs the Town Clerk to advertise for bids for 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 Judith T. Terry $outhold Town Clerk April 16, 1997 . RA~MOND L. JACOBS S~perintendent Highway Department Town of Southold Pec0nic Lane Peconic, N.~. 11958 Tel. (516) (516) Fax. (516) 765-3140 734-5211 765-1750 RESOLUTION B~: SECONDED B~: RESOLV~..n: That the town board of the Town of Southold hereby authorizes the Town Clerk to advertise for bids for the Superintendent of Highways for the purchase of ROAn SUHFACE TREAFIENT: 1 2 3 4 5 6 OIL AND SAND OIL AND STONE LIQUID ASPHALT SAND NIX (TYPE 5 SHIM) TYPE 6 TOP EMULSIONS AND STONE VOTE OF THE TOUR BOARD Supervisor Jean W. Cochran Counci/~an William D. Moore Councilwoman Alice J. Hussie Counc£]m~n Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans ( Yes ) (No) (Yes) '(No) (Yes) (No) ( Yes ) (No) (Yes) (No) (Yes) (No) Town Clerk, Town of Southold Dated:4/15/97 AMERICAN MANUFACTURERS MUTUAL INSURANCE CO. LUMBERMENS MUTUAL CASUALTY COMPANY (A MUTUAL INSURANCE COMPANY} Home Office: Long Grove, Illinois 60049 PERFORMANCE BOND BOND NO. 3S 196911-00 KNOW ALL MEN BY THESE PRESENTS, Corazzini Bros., Inc. That we, CORAZZINI ASPHALT, INC. of CUTCHOGUE, NEW YORK {hereinafter called the Principal), as Principal, and LUMBERMENS MUTUAL CASUALTY COMPANY , a corporation, organized and existing under the State of itlinois and authorized to become surety in the state of NEW YORK (hereafter called the Surety) as Surety, and held and firmly bound unto TOWN OF SOUTHOLD (hereinafter called the Obligee) in the penal sum of THIRTY SIX THOUSAND FOUR HUNDRED AND 00/100 Dollars ( $ 36,000.00 ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas the Principal has entered into a contract with the Obligee dated for CONSTRUCTION OF THREE(3) ALL WEATHER TENNIS COURTS AT THE ROBERT W. TASKER MEMORIAL PARK, PECONIC LANE, PECONIC, N.Y. iN ACCORDANCE WITH THE SPECIFICATIONS SET FORTH BY THE UNITED STATES TENNIS COURT AND TRACK BUILDERS ASSOCIATION. copy of which contract is by reference made a pa~t hereof. NOW, THEREFORE, if Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. SIGNED, SEALED AND DATED this JUNE 11, 1997. Corazzini Bros., Inc. CORAZZINIASPHALT, INC. By WITNESS: J.P~. B~RKS, Atfomey-in4::aet'. .Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the Amedcan Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Ilinois, having their principal office in Long Grove, Illinois, (hereinafter collectively referred to as the "Company") do hereby appoint Donald H. Klug, J. P. Burks, Thomas E~ Daley and Carol A. Horan of New York, New York (EACH) their true and lawful agent(s) and attomey(s)-in~fact, to make, execute, seal, and deliver dudng the period beginning with the date of issuance of this power and ending on the date specified pelow, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings ......... EXCEPTION: NO AUTHORITY is granted to make, execute, seai and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit, This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company, The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Iliinois. THiS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and flied with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." in Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this May29, 1997. Attested and Certified: ee Robert P. Hames, Secretary by Lumbermens Mutual Casualty Company Amedcan Motorists Insurance Company Amedcan Manufacturers Mutcai Insurance Company J. S, Kemper, Ill, Exec,Vice President STATE OF ILLINOIS SS COUNTY OF LAKE I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, Ill and Robett P. Hames personally known to me to be the same person.% whose names are respectively as Exec. Vice President and Secretary of the Lumbermens Mutual Casualty Company, the Amedcan Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. My commission expires 1-28-98 Irene Klewer, Notary Public CERTIFICATION I, J.K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated May 29, 1997 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and Robert P. Hames, who executed the Power of Attorney as Executive Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Executive Vice President and Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this ]. 1 97 J. K. Conway, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. FK 0362 6-96 Power of Attorney - Term Pdnted in U.S.A CORPORATION ACKNOWLEDGMENT STATE OF NEW YORK} COUNTY OF NEW YORK} }SS: On this 11th day of JUNE, 1997, before me personally came J.P. BURKS to me known, who, being by me duly sworn, did depose and say: that he/she resided in FAR ROCK, AWAY, N.Y. that he/she is the ATTORNEY-IN-FACT of the LUMBERMENS MUTUAL CASUALTY COMPANY the above instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was 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. FK0173 1-91 PRINTED IN U.S.A. DAWN M. GODFRE~ Notary Public, State 0f NewYo~ No. 01G05031214 Qualified in Kings County CommiSsion Expires Aug. 1, 1998 (Individual Acknowledgment on following page) INDIVIDUAL ACKNOWLEDGMENT STATE OF } }SS: COUNTY OF } On this day of before me personally appeared to me known and known to me to be the person described in and who executed the foregoing instrument and he/she thereupon duly acknowledged to me that he/she executed the same. FK 0173 1091 PRINTED IN U.S.A. (Corporation Acknowledgment on previous page ) 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~ HOT MIX A~PHALT CONCRETE PAVEMENT "Type 6 Top" TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK NOTE: THE TOWN OF SOUTHOLD MAY ALSO REQUIRE +t. 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, Southoli:t, New York 11971, until: 10:00 A.M. onthe , dayof , 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 pedad. 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 ($10,000.00) dollars will be required of the successful bidder. Performance Bonds or Certified Checks shall be made payable to the order of the Town of Southold. Dated: BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in stdct accordance with the "Proposal Form" provided. The Proposal form shall not be detached from the bid package. Failure to comply with this requirement will constitute grounds for rejection of the bid subject to the digression of the Highway Superintendent. Any and all exceptions to the specifications shall be listed on a separate sheet beadng the designation: "Exceptions to the Specifications", and attached to the Bid Form. Each proposal must be signed in writing with the full name and address of bidder. The bidders shall wdte in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, or other facilities, & to perform all labor and services necessary for the proper completion of the work in stdct accordance with the plans and specifications, and subject at ail times to the approval of the Highway Superintendent. Proposals, together With the entire bid package, shall be delivered enclosed in an opaque sealed envelope and shall be addressed as indicated on Invitation to Bid. The envelope shall be marked "Proposal" beadng the title of work and the Bidders Name. Bidders may bid on one or any combination of items listed on the proposal sheet. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of five hundred ($ 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 ail 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 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 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 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 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 right 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 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 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: ~ & ADDRESS OF BIDDER: Tell.#: BUSINESS ADDRESS: Tell.#: ~ OF pARTNERS: If bidder is a Firm, state here the name and residence of each member thereof ] RESIDENCE OF PARTNERS: If bidder is a Corporation, Fill in the following blanks: Organized under the S~ate of: Name and Address of President: Name and Address of Vice President: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 M~IN 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: 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: FURNISH AND PV.~CE WITHIN SOUTHOY.n TOWN Unit Price Bid Dollars Cents 1W 0-350 For: Per Ton Tons Dollars Cents 2W 35~-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 FISHERS ISLAND Estimate~ Descrip~ion of It~ 1W 0-350 For: Tons Dollars Per Ton Cents 2W $50-65o For: Tons Doll'ars Per Ton Cents 3W 650-1,000 For: Tons Per Ton Dollars Cents 4W Over 1,000 Tons For: Per Ton Dollars Cents Unit Frioe Bid 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 Bidder: Telephone ~er: 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. Compensation 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 are 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 Prol)erty Damage Insurance: The above policies for Public Liability and Property Damage Insurance must be so written 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 injudes 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 ($1,000,000.00) for damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident, a total (or aggregate limit of Two Million Dollars ($ 2,000,000.00) for all damages arising out of injury to, or destruction of, property during the policy period. 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 b® 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 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. 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: The above specified contract shall be for a period of one (1) year from the day of through the day of 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) STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On the day of , 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'ra~ I~UDIiC STATE OF NEW YORK) COUNTY OF SUFFOLK) · On the day of , 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 Southoid, 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 $outhold, and that she signed her name thereto by like order. NOtal~J I~UDIIC (2) SPECIFICATIONS: ~,SPHALT CONCRETE PAVEMENT Town of Southold 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 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 6 meet or exceed the following requirements: ASPHALT CONCRETE PAVEMENT Screen General limits Job Mix Sizes % Passina Total 1" 100 W' 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. E~QUIPMENT. 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 material 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 right to make tests before and after delivery and placement of asphalt material 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 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 written 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. NON-COLLUSIVE BID CERTIFICATE The undersigned bictder certifies that this bid has been arrived at by the bidder in'clependently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) (Corporate Title) (if any) Bid on TYPE 6 TOP