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HomeMy WebLinkAboutRoad Treatment - Type 6 Top· Complete items 1 2, and 3. Aisc COmplete item 4 f Restricted Delivery ~s desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 2. Article Number .~_~nsfer from service lab~) PS Form 3811, February 2004 Received b~ {f YES, enter [] Agent ] Addressee C. Date of Delivery 7009 0820 0001 Domestic Return Receipt 7820 7496 102595-02-M-1540 ~'~a~: ~] No Postage $ " Certified Fee Return Receipt Fee (Endorsement Required) Here Restricted Deliver~ Fee . .' (Endorsement Required) Total Postage & Fees · Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. A~tlcle Number - [] Addressee D. Is deliver/addrees different flora If YES, enter delivery address [] NO 3. Se~ice Type ~'"'Cer tiffed Mall [] Registered [] Insured Mall [] E.x~ees Mall [] Retum Receipt for Merchandise [] C,O.D. 4. Rest~cted Delivery? ~ Fee) [] Yes 7009 0820 0001 7820 5494 PS Form 381 1, Fe~ 2004 Dom~tlc Retum Receipt 1~.~02-M-1540 ELIZABETH .~ NEVILLE, RMC, CMC 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 (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 9, 2009 Richard Corazzini, Jr. President Cora77ini Asphalt, Inc PO Box 1281 Cutchogue, NY 11935 Dear Mr. Corazzini, Jr.: Congratulations. At the regular Town Board meeting held on June 2, 2009, the Town Board accepted the bid of Corazzini Asphalt, Inc. for the following Road Treatment bids for the 2009 Calendar year: Road Treatment ti 1 Road Treatment ti 2 Road Treatment ti 3 Road Treatment # 4 Road Treatment ti 5 Road Treatment ti 6 Road Treatment ti 8 Oil & Sand Oil & Stone Liquid Asphalt Sand Mix (Type 5 Shim) Type 6 Top RC-250 Liquid Asphalt Oil & Stone Type 6 Asphalt to be picked up Certified copies of the resolutions are enclosed. This year's bid deposits will be returned to you at the end of the contract. Enclosed please find last year's bid deposits. Thank you for your bid. Ens. Very truly yours, Lynda M Rudder Deputy Town Clerk · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this ca~ to the back of the mailpiece, or or~ the front if space permits. 1. Article Addressed to: o. ~ S~gnature [] Agent X [] Addressee B, Received by (F~na~d Name) C, Date of Delivery D, le dalive~J address diffemnt from item l? F]yes If '(ES; ~nter delivery addtez~ below: [] No 3. Sen/ice Type J~r Ce~fled Mall [] Express Mall [] Regletemd [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? irExfra Fee) [] Yes 7009 0820 0001 7820 5449 PS Form 3811, February 2004 Domestic Return Receipt 1025.qS-O2-M-1540 ] ELIZABETH A. NEVILLE, RMC, CMC 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 (631) 785-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 9, 2009 Perry DeLalio, Jr. DeLalio - South Fork Asphalt 224A North Main Street Southampton, NY 11968 Dear Mr. DeLalio: At the regular Town Board meeting held on June 2, 2009, the Town Board accepted the bid of Corazzini Asphalt Inc for the 2009 Road Treatment #5 Type 6 Top. A certified copy of the resolution is enclosed. Your bid deposit is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk · Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: A. Signature [] Agent X [] Addressee B. Received by ( Pdnted Name) C. Dateof Daiivery D. Isdaiive~addtessdiffemntfmmiteml? i-lyes If YES, enter delivery address below: [] No E~"Certifled Mail [] Express Mail [] Registered [] Return Receipt for Memhandlse [] Insured Mail ~ C.O.D. 4. Restflcted Deliver? (Extra Fee) [] yes ~ 2. ,~zticleNumber 7009 0820 0001 7820 5494 Ci;,*~i~ ~'rom se~ce label) I PS Form 3811, Februa~ 2004 Domestic Return Receipt I02595-02-M-1540 ELIZABETH A. NEVILLE, RMC, CMC 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 (631) 7~5-6145 Telephone (631) 765-1800 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 9, 2009 Robert Garone RoseMar Construction Inc 56 Pine Street East Moriches, NY 11940 Dear Mr. Garone: At the regular Town Board meeting held on June 2, 2009, the Town Board accepted the bid of Corazzini Asphalt Inc for the 2009 Road Treatment #5 Type 6 Top. A certified copy of the resolution is enclosed. Your bid deposit is being retumed to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article,~ldressed to: [] Agent X [] Addressee B. Received by ( Printed Name) C. Date of Dalive~ D. Is delivery address different fronl Item 1 ? [] Yes If YES, enter dslive~j address below: Fl No 3. Service Type [~"l~ertiflad Mall [] Ey4xess Mall [] Registered [] Return Recetpt for Memhandise [] Insured Mail [] C.O.D. 4. Restricted Deliver? (E~dra Fee) [] Yes ~,~ 7009 0820 0001 7820 5470 ~ PS Form 3811, Februan/2004 Domestic Return Receipt Southold Town Board - Letter Board Meeting of June 2, 2009 RESOLUTION 2009-503 ADOPTED Item # 5.23 DOC ID: 5053 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-503 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 2, 2009: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Cora~zlni Asphalt~ Inc.~ for furnishing and placing Hot Mix Asphalt Concrete Pavement "Type 6 Top" within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Town (Mainland) Fishers Island 3X 500-1000 tons $64.00 per ton $175.00 per ton 4X Over 1000 tons $64.00 per ton $175.00 per ton Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [U NANZMOUS] MOVER: Albert Krupski .Ir., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski .~r., Wickham, Evans, Russell Generated June 8, 2009 Page 29 ELIZABETH A. NEVILLE, RMC, CMC 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 (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD OThree (3) bids were received: Corazzini Asphalt Po Box 1281 Cutchogue NY 11935 3X 500-1000 Ton 4X over 1000 Ton DeLalio - South Fork Asphalt 224A North Main St Somhampton NY 11968 3X 500-1000Ton 4X over 1000 Ton Rosemar Construction 56 Pine St East Moriches, NY 11940 3X 500-1000 Ton 4X over 1000 Ton BID OPENING May 28, 2009 at 10:00 am #5 Type 6 Top Town $64.00 ton $64.00 ton $69.35 ton w/RAP $79.35 ton w/o RAP $69.89 ton w/RAP $79.35 ton w/o RAP $75.00 ton $769.50 Fishers Island $175.00 ton $175.00 ton $185.00 ton INTERNATIONAL FIDEI~'ITY INSURANCE COMPANY HOME OFFICE ONE NEWARK CENTER, 20th MAILING ADDRESS FLOOR P.O. BOX 56 NEWARK, NI~N JERSEY 07102 973-624-7200 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, - Rosemar Construction, Inc. 56 Pine St., East Moriches, NY 11940 as Principal. and THE INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation of the State of New Jersey, as Surety, ara hereby held and firmly bound unto Town of Southold 53095 Main Rd., Southold, NY 11971 in Ihe penal sum of **One Hundred and 00/100 ($100.00) Dollars** for b~e payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, edminisb'ators, successors and assigns. Signed, this 28th day of May, 2009 The condition of the above obligabon is such that whereas the Principal has submitted to Town of Southold, NY a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for Furnishing & Placing Road Treatment Bid #5 - Type 6 Top NOW, THEREFORE, (a) If said bid shall be rejected, or in the alternate (b) If said bid shall be accepted and the Principal shall execute and deliver a contract in the form of contract attached hereto, properly completed in accordance with said bid, and shall fomish a bond for the faithful performance of said Contract, and for the payment of the parsons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid; TNEN, THIS OBLIGATION SHALL BE VOID, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and ils bond shall be in no way impaired or affected by any extension of time within which the said bid may be accepted; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereto set~l~..lr-h~apd seals, and such of them as are corporations have caused their corporete se..~e2t~ be Signed, sealed and delivered in the presence of: /gos[pi~ C~N S~C~Oy, BM ~on~ Dato Affomey-ln-~aot Acknowledgment of Corporation On ggs 28th day of Ma)' 2009 I,~..f~u =¢ peraonally uuna: "~.~ri C~ to rag known, ~ ~g by m= duly ~.~ ~, ~ ; ROSEM/R CONSTRUCTION, INC. Acknowl gment of Suret Sm of New Jersey ) s~: Countyof Hudson Onthis 28th - day of May 2009 Ig~foro mo po~mally ~n~ Carl W. Bull to ng known, who. b~/nS'by mo duly sworn, did dq~ and ~ylhith~i~ m A~o~ey-In-Fact of INTE~ATIONAL FIDELITY INSU~NCE CO. ~ ~ d~sczi~ in ~ ~ ~_~ ~ ~ ~ ~ ~ ~ ~ ~ ~1 of ~id ~m~t a~ ~d ~ ~ Kal u ~Fa~ ~ ~ty ~ ~ ~ ~ ~rERNAT[OHAL FIDELITY ]]~TSURA~CE COMPANY O~rE NEWAI~ ~ 20TM b-~x:x3~,, i'~W~ ~ ~ 02t02.~207 AT JUN~ 30, 2008 ~ Stoc:~ (Madr~: Vahxe) .............................. 16,2,40,186 M,,, ~age Loans or, Real Estat~ .............................. 54,1,000 Cash & ~ Deposits .................................... 52,348,198 ~ T~rm Inv~tm~ni~ ................................... 1,1 Unpaid l~remiunm & Asmaned Balance~ ....................... 10,ZS2,~&3 Electronic Da~a Proces~ng Equipment ......................... 164,252 lnveslment L,,cnme Due and Acc~md .......... ~ ............... Net Def~,,,:d T~x Asse~ .................. ~" ............... 3,,.~0,000 LIABIL1TI~. SURPLUS & OI'HI~ PUNDS L _~ (Repot tecl l.o~es Net as to Reimurance Ceded and lnam~ But Not Reported Lea~ea) ........................... · Continent Com~,,~o~a & Other ~ Chazges ................ T~xez, Licemes & ~ (l~J,,..l~g Fedei~l Income Tax) ............ Current Federal & Fondsn Income Tm~es ....................... Unearned P~miums ...................... '. .............. Ceded ~ Premiunm Payable ........................ Fu~xi~ ~Told by Company under P,~iz~rance Treaties .............. Amonnta Wlthl~t by Company for Accotmt of Otis, ............ Provi~k~ns fo~ Reir~urance ................................. Other Liab,'mte~ ......................................... TOTAL LIABILITI~ .......................... Gross Paid-~ & Contrllxtted Suzph~ ......................... Surplus Note ........................................... Unas,isned l'u~ (Su~l~) ................................ Sm'plus ~ Regards Policyhokl~rs ................. TOTAL LIABII~Tm,% SURPLI.~ & OTHI~ FUND6 ... $,158,702 0 6~ I, Franci~ L. Mite'hoEr, Pre~de~ of II~rI'IiKIqAT1ONAL FIDELTI'Y INSURANC~ COMPANY, certify that hhe forgoing i~ a fair statement of Asa-ts, Liabilities, Surplus and Oliaer ~mds of this Company, at the ~ of bustne~, Jurm 30, 2~X18, as r-~ed b~ its book~ and recorde and as repormd in its stamment on Iile with the L,~uzaz~:e Deparlmem of the Slate of New Jersey. IN TESTIMONY WHILREOF, I have setmy hand and affixed the seal of lhe Company, tht~ 11~, .day of August~ 2008. IN'AiiaNATIONAL FIDRI,IT~ INSD-R~_ ,CB COMPANY POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONB NEWARK CENTER, 20TH FLOOR NEWARK, ~ JEI~EY 07102-5207 FOR B~ BOND/RID~CoNs~2qTS/AFFIdAvITS WILLIAM T. GUILFOYLE, CARL W. BULL West New York, NJ. CO~, ~ ~y ~ ~, ~ ~ ~ ~ ~,~ ~ ~ ~n Y ~ o~. ~ ~ ~ ~y W~ ~ ~five V~ ~e~ ~ or ~ ~, ~ ~ve ~r ~ ~o~ (2) To ~ve, ~ ~ ~, ~ tach ~-~ ~ ~o~ ~ ~fi~ give. ~y ~ ~ ~ on ~ 2~ ~y ofA~. IE of ~ ~ ~ ~ a ~~ex~ ~,~ . ,H~ 'rt~q'r~MONY WHEREOF, INTERNATIONAL FID~ZATY ]NSUP. ANC~ COMFANY bas caused this instmment to be signed~ed--~'~ cogpo rat~ seal to bo airaxed by its authotlnod officer, dfis 29th day of August, A.D. 2003. County of Easex '~ t~ Corpora~ S~1 of said Company; that ~ said CoAooram ~ ~ his si$mmre were ~uy ~rox~n ~y oru~r oz m~ ~u vt v.,~,-,o ,~ at the Cily of Newnl~. New Jersey th~ day and year fir~ above wtit~n. A ~Ay coOTARmYmi ~'A oP~nI~EC~NN ovEW. 21, 20t~I~YO CBRTIFICATION I. ~h~ un~sign~d off, er of INTg. BNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that ! Imve compa~d th~ foregoing copy of the power of Attorney and affidavit, and the ~opy of tbe ~,~_~n of tho By-Laws of said Comi)noy. &s set forth in said Power of Attorney.. . . with the ORIGINALS, ON IN THE HOMB OFFICE ON SAID COMPANY. a~d that the same are cotwect uanscnpts d~emof, and of u~e whole of the s~d originals, and that tbe sak~ Power of AUom~y has not been revoked and is now in full force and effect IN TESTIMONY WHEP. EOF. I have he.unto s~t my hand this 28th day of May, 2009 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 furnishing and placing within the Town of Southold, the following road treatments: 1. Oil and Sand 2. Oil and Stone 3. Liquid Asphalt Mix 6. RC-250 Liq 7. Type II Micro-Surfacing 8. Type 6 Asphalt (town pick up) Recycled Stone Specifications may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York 11971, Monday through Friday, 8:00 am to 4:00 pm The sealed bids, together with a Non-Collusive Bid Certificate, and bank draft~ certified check~ or bid bond in the amount of $100.00i will be received by the Town Clerk of the Town of Southold at the Southold Town Hall, PO Box 1179, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, MAY 28, 2009, at which time they wilt 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 gny and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in enVelopes plainly marked with the type of road .treatment being bid on, 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: May 5, 2009 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MAY 14, 2009, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971 Copies to the following: Suffolk Times Town Attorney John Cushman} Comptroller Brown's Letters Construction Data Town Board Members Superintenden~ of Highways Harris Dodge Reports Burrelle's Information Services Town Clerk's Bulletin Board Hot Mix Asphalt Concrete "Type 6 Top" Item # 5 Calendar Year 2009 ITEM NO. 5 SPECIFICATIONS FOR THE PURCHASE & APPLICATION OF ASPHALT ROAD MATERIALS HOT MIX ASPHALT CONCRETE "Type 6 Top" NOTE: THE TOWN OF SOUTHOLD WILL ALSO REQUIRE +/- 30,000 SQUARE YARDS (more or less as may be needed) OF PAVEMENT TO BE APPLIED ON FISHERS ISLAND. THE REQURIED RESIDENT PRIOR TO ROADS. NOTIFIED INCLEMENT OPERATIONS. CONTRACTOR TO NOTIFY AT LEAST 24 ANY WORK ON RESIDENTS MUST BE RE- AFTER DELAYS DUE TO WEATHER OR JOB SHALL BE EACH HOURS 'TOWN Hot Mix Asphalt Concrete "Type 6 Top" Item ti 5 Calendar Year 2009 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 beating 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 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 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 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 one hundred ($100) 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 judgment, 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 accor0panied. 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. Hot Mix Asphalt Concrete "Type 6 Top" Item.# 5 Calendar Year 2009 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 practicak The Superintendent of Highways reserves the fight 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. The Town will either award the project or reject all proposals received within forty-five (45) days after formal opening of prop0sals.. Acceptance of a proposal will be a written notice signed by the Town Clerk & no other act shall constitute the acceptance of a proposal. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the 9Pening 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 interlineations, erasure or corrections may be rejected. The Town also reserves the fight to reject any bid if the evidence submitted in the qualification statement or an investigation 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. Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 I TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will' be required to appear before the Town in person; or ifa 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 evem 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. Hot Mix Asphalt Concrete "Type 6 Top" Item # 5 Calendar Year 2009 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 Insurance 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 Contractor 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 this Contract from claims for damages four 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. Liabili ,ty 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 ' Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 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 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 there under. Both the certificates and the policy shall be endorsed to provide the Owner with any notice of cancellation or non-renewal. Hot Mix Asphalt Concrete "Type 6 Top" Item # 5 Calendar Year 2009 PROPOSAL FORM DATE: TO: SOUTHOLD TOWN BOARD TOWN HALL PO BOX 1179 53095 MAIN ROAD SOUTHOLD, NEW YORK 1197 NOTE: All items listed herein must be bid. Failure to bid any item will be grounds for disqualification. 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 ~s or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined all project requirements, including bidding requirements, contract, general and special conditions, specifications, and addenda, if any (Note: acknowledgment of addenda and their dates must be included as indicated on bottom page); 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 all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the specified work; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 BID ON ASPHALT ROAD MATERIALS, HOT Mix ASPHALT CONCRETE, "Type 6 Top", 1N ACCORDANCE WITH THE PROJECT REQUIREMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED CUMULATIVE ".UNIT PRICE" OF: FURNISH AND PLACE THE FOLLOWING WITHIN ***************************************************************************** HOT Mix ASPHALT CONCRETE, "Type 6 Top" 3X 500 - 1,000 Tons SOUTHOLD TOWN: FISHERS ISLAND: (written in ~ords) Per Ton (~iaen in words) Per Ton (~itten in numbers) Per Ton (~itten in numbers) Per Ton HOT Mix ASPHALT CONCRETE, "Type 6 Top" 4X Over 1,000 Tons SOUTHOLD TOWN: FISHERS ISLAND: (x~ritten in words) Per Ton (written in words) Per Ton (~i~en in nmbers) Per Ton (~i~en in nmbers) Per Ton 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 pursuarit to such proposal and to the requirements of the Town, 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. We the undersigned, further agree that this proposal shall be reviewed by the Town to correct any deficiencies in the proposed scope of work and, if no corrections are necessary, 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 pedod. Hot Mix Asphalt Concrete "Type 6 Top" Signature of Bidder: Business Address: Telephone Number: Date: Item # 5 Calendar Year 2009 Hot Mix Asphalt Concrete "Type 6 Top" 1. DESCRIPTION Item # 5 Calendar Year 2009 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. 2. 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 % Passing Total % 1" 100 -- 1/2" 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, % 5.8-710 Mixing & Placing Temperature Range - degrees F 250-325 +/- 4 NOTE: At No Time Will any Recycled Material (RAP) be used without the permission of the Superintendent of Highways 3. 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 mining. 3. There is no forecast of temperatures below 32 degrees F within 48 hours from the time of placement of the Asphalt Concrete Material. 4. EQUIPMENT, DELIVERY& APPLICATION Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 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. All work shall commence within five (5) Calendar days after receipt of written order. Any reason for delay in work shall be submitted to the Town in writing explaining the delayl If the reason is not acceptable to the Town, work must continue without any further delay. 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. 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. All manholes, catch basins, curbs and other structures shall be protected against the application of asphalt concrete material. 5. 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. 6. 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. 7. MEASUREMENT & PAYMENT The prices 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 Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 up to and including one (1) year thereaeter. 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. 8. TRAFFIC MAINTENANCE The contractor shall be responsible for providing maintenance and protection of vehicular and pedestrian traffic associated with this work. Opening to traffic does not constitute acceptance of the work. The contractor shall also be responsible for providing all signage and traffic Control during this work. END OF SPECIFICATION: ·" Item # 5 Calendar Year 2009 Hot Mix Asphalt Concrete "Type 6 Top" STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department,' agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury; that to the best of knowledge and belief: (I) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, parmership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that (~ame of signatory) (N me of Corpor on - ofthe Be authorized to sign and submit the bid Hot Mix Asphalt Concrete 'iType 6 Top" Or proposal °fthis corporation for the following Project: Item # 5 Calendar Year 2009 Item # 5 Hot Mix Asphalt Concrete "Type 6 Top" Peconic Lane, Peconic, New York 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three~d (103-d) of the General Municipal Law as the act and deed of such corporation,. and for any inaccuracies or m~ss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is tree and correct copy of the resolution adopted by~ ~l)D Ft3t~ ~~ corporation at a meeting of the Board of Directors, held on the t-~'~ ~ ' day of ~lJ ,200q. (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. Signature ASPHALT PRICE ADJUSTMENT 1. DESCRIPTION: This item will provide for additional compensation to, or repayment by, the Contractor for increases or decreases in the price of asphalt throughout the life of the Contract.' This adjustment will be computed within the prescribed conditions and in conformance with written procedures Of the Town of Southold. ELIGIBLE ITEMS. Price adjustments will be determined for eligible items listed elsewhere in this proposal. No adjustment will be provided for any new Items incorporated into the work by orders-on-contract or those items paid for under force account or agreed unit prices. In addition, work ordered by the Engineer and performed by the Contractor at his own expense will not be eligible for asphalt price adjustment. B. METHOD OF COMPUTATION 1. ASPHALT PRICE ADJUSTMENT a. The quantity of asphalt (tons) considered for adjustment will be determined by multiplying the quantity of eligible items placed by their conversion factor as listed in Table. b. Asphalt price adjustment will be based on the following formulas: · When the price increases: Asphalt adjustment -- ((quantity of asphal0 X (conversion factor)) X ((average posted price) - (asphalt price index price + $10.00)) · When the price decreases: Asphalt adjustment = ((quantity of asphalt)X (conversion factor)) X ((average posted price) - (asphalt index price - $10.00)) Where the: Asphalt Index Price. A fixed price per ton of asphalt. This price is used solely as a base from which to compute asphalt price adjustments. [ts dollar amount is specified in the asphalt price adjustment note, as listed in Table. Average Posted Price. The average FOB terminal price for unmodified PO 64- 22 binder or approved equal, without anti'- stripping agent, will be determined by the Town of Southold monthly, based on prices of the New York State Department of Transportation (NYSDOT) approved primary sources of performance graded binder '2. The asphalt price adjustment will be based solely on the price changes for asphalt as determined by the above formulas. No consideration will be given to the situation where an individual suPplier's price exceeds the Average Posted Price, nor shall any adjustment be made unless the Average Posted Price is either $10.00 greater than or less than the Asphalt Index Price. METHOD OF MEASUREMENT; The necessary (NEC) lamp sam shown in the proposal for this item shall be considered the price bid, although actual payment will be based on the work performed. The NEC Jump sum is not to be altered in any manner by the bidder. 3. BASIS OF PA _YME_NT: The actual asphalt price adjustment will be made evexy thirty (30) days and will be based on the methods of computation previously' described in this specification. No adjustments, either positive or negative, will be made until payment of the final estimate. The "adjustment will be based on the quantity of eligibl$ items placed and the Average Posted Price in effect at the time the Work Order was issued. For the purpose of calculating asphalt price adjustment, the Average Posted Price will be taken from the "NYSDOT Average Posted Price for Fuel, Asphalt and Steel Price Adjustments" and will apply to eligible work performed as directed by the W6rk Order. ASPHALT PRICE ADJUSTMENT The Asphalt Index Price which shall apply to the Contract shall be $406.00 per ton. ASPHALT PRICE ADJUSTMENT FACTORS FOR MUNICIPALITIES · * ITEM NUMBER · MATERIAL DESCRIPTION CONVERSION I FACTOR Bimmino~us Stabilized Course 0.065 t PGB/ycP 302.0 l, .0102 . HMA Type I Base 0.050 t PGB/t 403.1 lxxxx HMA Type 2 Base 0.035 t PGB/t 403.12xxxx HMA Type 3 Binder 0.055 t PGB/t 403.13xxxx lIMA Type 5 Shim 0.077 t PGB/t 403.15xxxx HlvlA Type 6, 6F2, 6F3. Top Course 0.062 t PGB/t 403.17xxxx HMA Type.7, 7F2,' 7F3 Top Course 0.063 t PGB/t 403.19xxxx True and Le~veling See Note 4 403.21xxxx Asphaltic Sealants (ASTM 6690) 0.00272 t PGB/gal 402.75XX RR' Pa~er Placed Surfaco Treatment 0.0013 t PGB/yd2 402.918x02 RR, 400.928x02 PR, Type~ A, B and C 402.938x02 PR - Tack Coat (Asphalt Emulsion) 0.0012 t PGB/gal 407.01 RR Bituminous Material (Pavement, Shoulders) 0.0025 t PGB/gal 410.07 Micro-Surfae rig, Type II 0.090 t PGB/t 410.102102 RR Micro-Surfacing, Type III and Rut Filling 0.075 t PGB/t 410.103102 PR, .104102 RR Quick-Set Slurry,. Type II 0.115 t PGB/t 410.202302 RR Quick-Set Slurry, Type III 0.1~)0 t PGB/t 410.203302 PR Asphalt Sidewalks, Driveways See Note 5 608.02xx RR Miscellaneous AsPhalt 700-07 0.0040t PGB/gal 618.07 Asphalt Emulsion 702-3001 0.0021t PGB/gal 618.3001, 407.02 PR Asphalt Emulsion 702-3101,700-3102 0.0024t PGB/gal 618.3101,618.3102 Asphalt Emulsion 702~3201,702-3301, 0.0025t PGB/gal 61'8.3.201, 618.3301; 618.3401~- 702-3401,702-3402 618~3402 Asphalt Emulsiot~ 702-3501, 702-3601 0.0022t PGB/gal ' 618.3501, 618.3601 Cationic Asphalt Emulsion 702-4001 0.0023t PGB/gal 618.4001, 407.02 RR. Cationic Asphalt Emulsion 702-4101, 702- 0.0025 t PGB/gal 618.4101, 618.4201, 618.4301 4201, 702-4301 Cationic Asphalt Emulsion 702-4401, ~/02- 0.0022 i PGB/gal 618.4401, 618.4501 4501 , Notes: 1. In accordance with Standard Specification ~698-3.01, the index value for the asphalt price adjustment is the average posted price of Performance Graded Binder (PGB) for the month of bid letting. 2. A two digit suffix (RR) at the end of a contract pay item indicates a. special specification. 3. The conversion factors for HMA mixed with slag shall be increased by 25% 4. The conversion factor for True. & Leveling, Driveways, or other items that allow mix options will be based on the actual mixtures used. Item Number:, This is the contract pay item number under which these materials are most frequently paid. Unless indicated othem/ise, materials similar to those indicated under the column entitled "Material Description' are also eligible for adjustment using the factor listedfor a similar material with the same pay units regardless of the actual contract pay item number. Contact the Engineer with any questions ragard~ng applicability of contract pay items that ara not listed. 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 furnishing and placing within the Town of Southold, the following road treatments: 1. Oil and Sand 2. Oil and Stone 3. Liquid Asphalt 4. Sand Mix (type 5 Shim) ~5'. Type 6 Top 6. RC-250 Liquid Asphalt Oil & Recycled Stone 7. Type II Micro-Surfacing 8. Type 6 Asphalt (town pick up) Specifications may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York 11971, Monday through Friday, 8:00 am to 4:00 pm The sealed bids, together with a Non-Collusive Bid Certificate, and bank draft, certified check, or bid bond in the amount of $100.00, will be received by the Town Clerk of the Town of Southold at the South01d Town Hall, PO Box 1179, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, MAY 28, 2009, 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 mY and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in enVeloPes plainly marked with the type of road treatment being bid on, 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: May 5, 2009 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MAY 14, 2009, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971 Copies to the following: Suffolk Times Town Attorney John Cushman, Comptroller Brown's Letters Construction Data Town Board Members Superintendent of Highways Harris Dodge Reports Bm'relle's Information Services Town Clerk's Bulletin Board Hot Mix Asphalt Concrete "Type 6 Top" Item # 5 Calendar Year 2009 ITEM NO. 5 SPECIFICATIONS FOR THE PURCHASE & APPLICATION OF ASPHALT ROAD MATERIALS HOT MIX ASPHALT CONCRETE "Type 6 Top" NOTE: THE TOWN OF SOUTHOLD WILL ALSO REQUIRE +/- 30,000 SQUARE YARDS (more or less as may be needed) OF PAVEMENT TO BE APPLIED ON FISHERS ISLAND. THE REQURIED TO NOTIFY RESIDENT AT LEAST 24 PRIOR TO ANY WORK ON CONTRACTOR SHALL BE EACH HOURS TOWN ROADS. RESIDENTS MUST BE RE- NOTIFIED AFTER DELAYS DUE TO INCLEMENT WEATHER OR JOB OPERATIONS. " Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 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 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 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. 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 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 one hundred ($100) 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 judgment, 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 accor0panied. 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. ,'" Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 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 fight 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 ora 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. 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 ora proposal. 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 interlineations, erasure or corrections may be rejected· The Town also reserves the fight to reject any bid if the evidence submitted in the qualification statement or an investigation 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. · : .~ . Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 I TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will' be required to appear before the Town in personi or ifa 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 tgn (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. Hot Mix Asphalt Concrete "Type 6 Top" Item # 5 Calendar Year 2009 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 Insurance 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 Contractor 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 Liabili ,ty 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 this Contract from claims for damages four 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 &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 offl°t 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 Propert~ 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 Hot Mix Asphalt Concrete · Item # 5 "Type 6 Top" Calendar Year 2009 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 ($1,000,000.00) for damages arising out of injury to, or destruction of, propei'ty in any one accident and subject to that limit per accident, a total (or aggregate limit of Two Million Dollars ($ 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 insunng 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 there under. Both the certificates and the policy shall be endorsed to provide the Owner with any notice of cancellation or non-renewal. Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 PROPOSAL FORM D^ E: TO: SOUTHOLD TOWN BOARD TOWN HALL PO BOX 1179 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined all project requirements, including bidding requirements, contract, general and special conditions, specifications, and addenda, if any (Note: acknowledgment of addenda and their dates must be included as indicated on bottom page); 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 all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the specified work; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: NOTE: All items listed herein must be bid. Failure to bid any item will be grounds for disqualification. · Hot Mix Asphalt Concrete Item ti 5 "Type 6 Top" Calendar Year 2009 BID ON ASPHALT ROAD MATERIALS, HOT Mix ASPHALT CONCRETE, "Type 6 Top", IN ACCORDANCE WITH THE PROJECT REQUIREMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED CUMULATIVE ".UNIT PRICE" OF: FURNISH AND PLACE THE FOLLOWING WITHIN HOT Mix ASPHALT CONCRETE, "Type 6 Top" 3X 500 - 1,000 Tons SOUTHOLD TOWN: (written in v~ords) Per Ton (written in numberS) Per Ton FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton HOT Mix ASPHALT CONCRETE, "Type 6 Top" 4X Over 1,000 Tons SOUTHOLD TOWN: (written in wotrds) Per Ton (written in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton 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 pursuafit to such proposal and to the requirements of the Town, 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. We the undersigned, further agree that this proposal shall be reviewed by the Town to correct any deficiencies in the proposed scope of work and, if no corrections are necessary, 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. Hot Mix Asphalt Concrete "Type 6 Top" Signature of Bidder: Business Address: Telephone Number: Date: Item # 5 Calendar Year 2009 ~~ s~oo Hot Mix Asphalt Concrete "Type 6 Top" 1. DESCRIPTION Item # 5 Calendar Year 2009 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 reqmring pavement within Town fight-of-ways or any other areas under the jurisdiction of the Commission of Public Works where and as required. 2. MATERIALS Bituminous Asphalt concrete pavement shall be equal to NYSDOT r Type 6 meet or exceed the following requirements: ASPHALT CONCRETE PAVEMENT Screen General limits Job Mix Sizes % Passing Total % 1" 100 -- 1/2" 95-100 -- 1/4" 65-85 +/- 7 I/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, % 5.8-7.0 Mixing & Placing Temperature Range - degrees F 250-325 +/- 4 NOTE: At No Time Will any Recycled Material (RAP) be used without the permission of the Superintendent of Highways 3. WEATHER LIMITATIONS The material shall be placed only when: 1. The road surface and atmospheric temperatures are at least 45 degrees F 2. The weather is not foggy or raining. 3. There is no forecast of temperatures below 32 degrees F within 48 hours from the time of placement of the Asphalt Concrete Material. 4. EQUIPMENT, DELIVERY & APPLICATION Hot Mix Asphalt Concrete "Type 6 Top" Item # 5 Calendar Year 2009 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. All work shall commence within five (5) Calendar 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. 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. 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. All manholes, catch basins, curbs and other structures shall be protected against the application of asphalt concrete material. 5. 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. 6. 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. 7. MEASUREMENT & PAYMENT The prices 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 Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 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. 8. TRAFFIC MAINTENANCE The contractor shall be responsible for providing maintenance and protection of vehicular and pedestrian traffic associated with this work. Opening to traffic does not constitute acceptance of the work. The contractor shall also be responsible for providing all signage and traffic control during this work. END OF SPECIFICATION: Hot Mix Asphalt Concrete "Type 6 TOP" STATEMENT OF NON-COLLUSION Item # 5 Calendar Year 2009 (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or p~Z0posal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder ond will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury/affirms the truth thereof, such penalties being applicabl~ to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the .signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that ~~d C.Ov"{:~k'7_."b(vA: TV'- ofthe (Name of signatory) f~{O~t'Of~l~,~'~ ]~12b~t~.a~ k~t~. Be authorized to sign and submit the bid (Name of Corl:}oration) Hot Mix Asphalt Concrete "Type 6 Top" Or proposal of this corporation for the following Project: Item # 5 Calendar Year 2009 Item # 5 Hot Mix Asphalt Concrete "Type 6 Top" Peconic Lane, Peconic, New York 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted corporation at a meeting of the Board of Directors, held on the 2 _~ day of A40,v ,20 Oel. / (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. ~~nature MARIA A. KRUPSKI Notary Public. State of New York No 01KR6198887 Qualified in Suffolk Cour~y Term F. xpims December 29, 2012 ASPHALT PRICE ADJUSTMENT DESCRIPTION: This item will provide lbr additional compensation to, or repayment by, the Contractor Fro' increases or decreases in the price ol asphalt tlu'oughout the life of the Contract. This adjustment will be computed within thc prescribed conditions and in con£ormance with written procedtues of the Town of Southold. ELIGIBLE ITEMS. Price adjustments will be determined for eligible items listed elsewhere in this proposal. No adjustmcnt will be provided for any new Items illcorporated inlo thc work by orders-on-contract or those items paid for under force account or agreed unit prices. In add~tion, work ordered by the Engineer and perfomaed by the Contractor at his own ekpense will not be eligible for asphalt price adjustment. B. METHOD OF COMPUTATION 1. ASPI-LAI.T PRICE ADJUSTMENT a. The quantity of asphalt (tons) considercd for adjustment will be determined by multiplying ibc quantity of eligible items placed by their conversion factor as listed in Table. b. Asphalt phce a4iustment will be based on the following fom~ulas: · When the price increases: Asphalt adjustment ~ ((quantity of asphalt) X (conversion factor)) X ((av<.rage posted price) - (asphalt price index price + $10.00)) · When the price decreases: Asphalt adjustment = ((quantity of asphah) X (conversion factor)) X ((average posted price) (asphalt index price- S 1 o.o0)) Where the: Asphalt Index Price A fixed price pc: ton of asphalt. Tiffs pricc is used solely as a base ~t¥om which to compute asphalt price adjustments. Its dollar amount is specified in the asphalt price adjustment note, as listed in Table. Average Posted Price The avcrage FOB lenninal price for umnodified PO 64- 22 binder or approved equal, without anti; slripping agent, will be determined by the Town of Southold month]y, based on prices of the New York Slate Department of Transportation 0NYSDOT) approved primary sources of performance ~aded binder The asphah price adjustment w~[l be based solely on thc price chm~ges for asphalt as detemained by the above formulas. No consideration · w/Il be given to the situation where m* individual supplier's price exceeds the Average Posted Price. nor shall any adjustment be made nnless the Average Posted Price i~ eithel $]0 O0 greater than or Jess than the Asphah Index P~ice METHOD OF MEASUREMENT: The necessary (NEC) ittmp stun shown in ibc proposal fo~ this item shall be considered the price bid, ahhough actual payment will '12/0§ '09' TUE 13:51 FAX 631 765 6148 SOUTHOLD TOWN CLERK .__ ~002 be based on the work performed. The NEC Jump sum is not to be altered in any manner by the bidder. BASIS OF PAYMENT: The actual asphalt price adjustment will be made every th2rty (30) days and will be based on fl~e methods of computation previously described in th/s specification. No adjustments, eithur positive or negative, will be made m~til payment of the final estimate. The adjustment will be based on the quantity of eligible items placed and the Average Posted Price in effect at the time the Work Order was issued. For the purpose of calculating asphalt price adjusm~ent, tlae Average Posted Price will be taken from the '"NYSDOT Average Posted Price for Fuel, Asphalt and Steel Price Adjustraents" and will apply to eligihl.e work performed as directed by the W6rk Order. ASPHALT PRICE ADJUSTMENT The Asphalt Index Pr/ce which shall apply to the Contract shall be $406.00 per ton. ASPHALT PRICE ADJUSTMENT FACTORS FOR MUNICIPALITIES M~,TERI.~L DES:C'RIPTION CONVERSION FACTOR '~ ITEM N:U~:ER ~itumirto~us Stabilized Course 0.065 t PGB/yd~ 302.~1, .0102 I-IMA Type 1 Base 0.050 t PGB/t 403 11 x,,cxx I-[MA Type 2 Base 0.035 t PGB/t 403 }2xxxx HMA Type 3 Bioder 0.055 t PGB/t 403.13xx~x HMA Type 5 Shim 0.077 t PGB/t ! 403.15xxxx HMA Type 6, 6F2 6F3. Top Course 0.062 t PGB/t 403.17xxxx H/MA Type 7, 7F2, 7F3 Top Course 0.063 t PGB/! 403.19mxxx ~rue and Leveling See N otc 4 403.21xxxx sphakm. Sea ants.. (ASTM 6690) 0.00272 t PGB/gal 402.75XX RR pave~ ]Placed Surface Treatment 402.918x02 RR, ~02.928x02 RR, Types A, B and C 0.0013 t PGB/yd-~ 402.938x02 RR Tack Coat (Asphalt Ermllsion) I 0.0012t PGB/gal 407.01 ER Bituminous Material (Pavement, Shoulders) ~ 0.0025 t PGB/gal 410.07 Micro-Surfacing, Type II 0. 090 t PGB/t 410.102102 RR _Micro-Surfacing, Type 1II and Rut Filling 0.075 t PGB/t 410.103162 F,R, .104102 RR Quick-Set Slurry, Type II 0.115 t PGB/t 410.202302 RR Quick-Set Slurry, Type II1 0.100 t PGB/t 410.203302 RR --Asphalt Sidewal.k.s~ Driveways See Note 5 608.02xx RR Miscellaneous Asphalt 702-07 0.0040t PGB/gal 618.07 Asphalt Emulsion 702-3001 0.0021 t PGB/gal 618.300 i, 407.02 KR Asphalt Emulsion 702-3 l 01,702 3102 0.0024t PGB/gal 618.3101, 618.3102 rlZ/UO Ol~' I'UE 113:81 [-'AX 631 765 6145 SOUTHOLD TOB'N CLER~K Asphalt Emulsion 702-3201.7 2,o~01, 0.0025t PGB/gal 61'8.3201, 618.3301, 618.3401, 702-3401,702~3402 618.3402 Asphalt Emulsioh 702-3501, 702-3601 0.0022t PGB/gal 618.3501, 618,3601 Cationic Asphalt Emu Ision 702-400 l 0.0023t PGB/gal 618.4001,407.02 RR Cationic Asphalt Emu Is ion 702-410 I, 702- 4201, 702-4301 0,0025 t PGB/gaI 618.4101, 618.4201, 618.4301 Cat~on'[c Asphalt Emulsion 702~4401 702- :4~501 0.0022 t PGB/gal 618.4401, 618.4501 Notes: 1. In accordance with Standard Specificafuon §698-3.01, the index value for the asphalt price adjustment is the average posted price of Performance Graded Binder (PGB) for the month of bid totting. 2, A two digit suffix (RR) at the end of a contract pay item indicates a special specification. 3. The conversion factors for HMA mixed with slag shall be increased by 25%. 4. The conversion factor for True'& Leveling. [:)riveways, or other items that allow mix options will based on the actual mixtures used. Item Numbe~: This is the contract pay item number under which these materials are most frequently paid. Unless indicated otherwise, materials similar to those indicated under the column entitled "Material Description" are also eligible for adjustment using the factor listed for a similar material with the same pay units regardless of the actual contract pay item number. Contact the Engineer with any quegtions regardfng, applicability of conb'act pay items that are not listed. 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 fumishing and placing within the Town of Southold, the following road treatments: 1. Oil and Sand 2. Oil and Stone 3. Liquid Asphalt 4. Sand Mix (type 5 Shim) Stone 7. Type II Micro-Surfacing 8. Type 6 Asphalt (town pick up) Specifications may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York 11971, Monday through Friday, 8:00 am to 4:00 pm The sealed bids, together with a Non-Collusive Bid Certificate, and bank drafq certified check~ or bid bond in the amount of $100.00, will be received by the ToWn Clerk of the Town of Southold at the Southold Town Hall, PO Box 1179, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, MAY 28, 2009, 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 Wai9e ~my and all informalities in any bid should it be deemed in the best interest of the ToWn of Southold to do so. All bids must be signed and sealed in envelopes plainly marked with the type of road treatment being bid on, 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: May 5, 2009 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MAY 14, 2009, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971 Copies to the following: Suffolk Times Town Attorney John Cushman} Comptroller Brown's Letters Construction Data ToWn Board Members Superintendent of Highways Harris Dodge Reports Burrelle's Information Services Town Clerk's Bulletin Board Hot Mix Asphalt Concrete "Type 6 Top" [tem# 5 Calendar Year 2009 ITEM NO. 5 SPECIFICATIONS FOR THE PURCHASE & APPLICATION OF ASPHALT ROAD MATERIALS HOT MIX ASPHALT CONCRETE "Type 6 Top" NOTE: THE TOWN OF SOUTHOLD WILL ALSO REQUIRE +/- 30,000 SQUARE YARDS (more or less as may be needed) OF PAVEMENT TO BE APPLIED ON FISHERS ISLAND. THE CONTRACTOR SHALL BE REQURIED TO 'NOTIFY EACH RESIDENT AT LEAST 24 HOURS PRIOR TO ANY WORK ON TOWN ROADS. RESIDENTS MUST BE RE- NOTIFIED 'AFTER DELAYS DUE TO INCLEMENT WEATHER OR JOB OPERATIONS. Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 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 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 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 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 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 one hundred ($100) 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 judgment, 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 accor0panied. 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. Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 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 fight 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 !owgst 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 ofa 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. The Town will either award the prOject or reject all proposals received within forty-five (45) days after formal opening of prop6sals.. Acceptance of a proposal will be a written notice signed by the Town Clerk & no other act shall constitute the acceptance of a proposal. F. WITHDRAWALS 0FPROPOSALS 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 interlineations, erasure or corrections may be rejected. The Town also reserves the fight to reject any bid if the evidence submitted in the qualification statement or ar/investigation of such bidder falls 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. · Hot Mix Asphalt Concrete "Type 6 Top" Item # 5 Calendar Year 2009 I TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will' be required to appear before the Town in personi or ifa firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactoW Performance and Payment Bond within tgn (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. Hot Mix Asphalt Concrete "Type 6 Top" INSURANCE REQUIREMENTS Item/~ 5 Calendar Year 2009 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 Insurance Contractor's Protective Liability and Property Damage Insurance Owner's Protective Public Liabilityand 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 Contractor shall take out and maintain during the life of this Contract, Workmeffs 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% 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 this Contract from claims for damages four 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 riot 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 fi.om 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 Hot Mix Asphalt Concrete "Type 6 Top" Item # 5 Calendar Year 2009 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 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 there under: Both the certificates and the policy shall be endorsed to provide the Owner with any notice of cancellation or non-renewal. Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 DATE: NAME OF BIDDER: PROPOSAL FORM TO: SOUTHOLD TOWN BOARD TOWN HALL PO BOX 1179 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: NOTE: All items listed herein must be bid. Failure to bid any item will be grounds for disqualification. 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 the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined all project requirements, including bidding requirements, contract, general and special conditions, specifications, and addenda, if any (Note: acknowledgment of addenda and their dates must be included as indicated on bottom page); 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 all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the specified work; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: Hot Mix Asphalt Concrete "Type 6 Top" Item # 5 Calendar Year 2009 BID ON ASPHALT ROAD MATERIALS, HOT Mix ASPHALT CONCRETE, "Type 6 Top", IN ACCORDANCE WITH THE PROJECT REQUIREMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED CUMULATIVE "UNIT PRICE" OF: FURNISH AND PLACE THE FOLLOWING WITHIN HOT Mix ASPHALT CONCRETE, "Type 6 Top" 3X 500 - 1,000 Tons SOUTHOLD TOWN: FISHERS ISLAND: --q%"4~'~ ~'~ 'i'~,.~rc, (written in words) Per Ton (written in numbers) Per Ton (written in words) Per Ton (written in numbers) per Ton HOT Mix ASPHALT CONCRETE, "Type 6 TOp" 4X Over 1,000 Tons SOUTHOLD TOWN: FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton (written in words) Per Ton (written in numbers) Per Ton 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 pursuarit to such proposal and to the requirements of the Town, 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. We the undersigned, further agree that this proposal shall be reviewed by the Town to correct any deficiencies in the proposed scope of work and, if no corrections are necessary, 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 pedod. Hot Mix Asphalt Concrete ;'Type 6 Top" Signature of Bidder: Business Address: Telephone Number: Year 2009 Date: Hot Mix Asphalt Concrete Item it 5 "Type 6 Top" Calendar Year 2009 1. DESCRIPTION Bids are requested for the purchase and placement of Asphalt Concrete Pavement, Type 6, for the use in repair & maimenance 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. 2. 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 % Passing Total 1" 100 -- 1/2" 95-100 -- . 1/4" 65-85 +/- 7 I/8" 36-65 +/- 7 No. 20 15-39 +/- 7 No. 40 8-27 +/- 7 No. 80 4-16 +/r 4 No. 200 2 - 6 +/- 2 Asphalt Content, % 5.8-T0 Mixing & Placing Temperature Range - degrees F 250-325 NOTE: At No Time Wi'Il any Recycled Material (RAP) be used without the permission of the Superintendent of Highways 3. WEATHER LIMITATIONS The material shall be placed only when: 1. The road surface and atmospheric temperatures are at least 45 degrees F 2. The weather is not foggy or raining. 3. Them is no forecast oftemperatums below 32 degrees F within 48 hours from the time of placement of the Asphalt Concrete Material. 4. EQUIPMENT, DELIVERY & APPLICATION Hot Mix Asphalt Concrete "Type 6 Top" Item # 5 Calendar Year 2009 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. All work shall commence within five (5) Calendar days after receipt of written order. Any reason for delay in work shall be submitted to the Town in writing explaining the delayl If the reason is not acceptable to the Town, work must continue without any further delay. 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. 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. All manholes, catch basins, curbs and other structures shall be protected against the application of asphalt concrete material. 5. 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. 6. 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. 7. MEASUREMENT & PAYMENT The prices 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 Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 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 ftanishing all materials, equipment, labor and incidentals necessary to complete the work. 8. TRAFFIC MAINTENANCE The contractor shall be responsible for providing maintenance and protection of vehicular and pedestrian traffic associated with this work. Opening to traffic does not constitute acceptance of the work. The contractor shall also be responsible for providing all signage and traffic control during this work. END OF SPECIFICATION: Item # 5 Calendar Year 2009 Hot Mix Asphalt Concrete "Type 6 Top" STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September I, 1966, every bid or proposal hereafter made to a-POlitical subdivision of the S~ate of any public department, agency, or official thereof or to a fore district or any agency or officia! thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement Subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently, without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder ~nd will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B2 The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that ~gx co^~t,,~, of the (Name of signatory) (Name of Corporation) Be authorized to sign and submit the bid Hot Mix Asphalt Concrete "Type 6 Top" Or proposal of this corporation for the following Project: Item # 5 Calendar Year 2009 Item # 5 Hot Mix Asphalt Concrete "Type 6 Top" Peconic Lane, Peconic, New York 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of'such corporation,. and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by_ ~o~,-.~.~. %.~ ~-~_-~.~x,~~ corporation at a meeting of the Board of Directors, held on the ~q~ day of ~ ,20 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751. Sec. 103-d, as amended & effective on September 1, 1965. ASPHALT PRICE ADJUSTMENT 1. DESCRIPTION: This item will provide for additional compensation to, or repayment by, the Contractor for increases or decreases in the price of asphalt throughout the life of the Contract. This adjustment will be computed within the prescribed conditions and in conformance with written procedures 0fthe Town of Sonthold. ELIGIBLE ITEMS. Price adjustme~s will be determined for "eligible items listed elsewhere in this proposal. No adjustment will be provided for any new Items incorporated into the work by orders-on-contract or those items paid for under force account or agreed unit prices. In addition, work ordered by the Engineer and performed by the Contractor at his own expense will not be eligible for asphalt price adjustment. B. METHOD OF COMPUTATION 1. ASPHALT PRICE ADJUSTMENT a. The quantity of asphalt (tons) considered for adjustment will be determined by multiplying the quantity of eligible items placed by their conversion factor as listed in Table. b. Asphalt price adjustment will be based on the following formulas: · When the price increases: Asphalt adjustment -- ((quantity of asphalt) X (conversion factor)) X ((average posted price) - (asphal! price index price + $10.00)) · When the price decreases: Asphalt adjustment -- ((quantity of asphalt) X (conversion fabtor)) X ((average posted price) - (asphalt index price - $10.00)) Where the: Asphalt Index Price. A fixed price per ton of asphalt. This price is used solely as a base from which to compute asphalt price adjustments. Its dollar amount is specified in the asphalt price adjustment note, as listed in Table. Average Posted Price. The average FOB terminal price for unmodified PO 64- 22 binder or approved equal, without anti~ stripping agent, will be determined by the Town of Southold monthly, based on prices of the New York State Department of Transportation (NYSDOT) approved primary sources of performance graded binder The asphalt price adjustment will be based solely on the price changes for asphalt as determined by the above formulas. No consideration will be given to the situation Where an individual supplier's price exceeds the Average Posted Price, nor shall any adjustment be made unless the Average Posted Price is either $10.00 greater than or less than the Asphalt Index Price. METHOD OF MEASUREMENT; The necessary (NEC) lump sum shown in the proposal for this item shall be considered the price bid, although actual payment will be based on the work performed. The NEC Jump sum i~ not to be altered in any manner bythe bidder. BASIS OF PAYMENT: The actual asphalt price adjustment will be made every thirty (30) days and will be based on the methods of computation previously described in this specification. No adjustments, either positive or negative, will be made until payment of the final estimate. The'adjustment will be biised on the quantity of ·eligible items placed and the Average Posted Price in effect at the time the Work Order was issued. For the purpose of calculating asphalt price adjustment, the Average Posted Price will be taken from the "NYSDOT Average Posted Price for Fuel, Asphalt and Steel Price Adjustments" and will apply to eligible work performed as directed by the W'6rk Order. ASPHALT PRICE ADJUSTMENT The Asphalt Index Price which shall apply to the Contract shall be $406.00 per ton. ASPHALT PRICE ADJUSTMENT FACTORS FOR MUNICIPALITIES · CONVERSION , ER MATERIAL DESCRIPTION ..~(~T,.,~ · . iTEM NU~" I' Ltl'I- , r Bit~amin~us Stabilized C~se 0.065 t PGB/y& 302.01, .0102 ~A T~e 1 Base 0.050 t PGB/t 403.11~ ~ T~e 2 Base 0.035 t PGB/t 403.12~ HMA Type 3 Bind~ 0.055 t PGB/t 403.13~ ~A T~e 5 Shim' 0.077 t PGB/t 403.15~ ~A T~e 6, 6F2, 6F3. Top Course 0.062 t PGB/t 403.17~ ~ T~e 7, ~2,' 7F3 Top Come 0.063 t PGB/t 403.19~ Tm~ ~d Leveling See Note 4 403.21~ ~Kic S~l~' (ASTM 6690) 0.00272 t PGB/gal 402.75~ ~ Pa~er P~c~ S~fa~ Tr~em 0.0013 ~ PGB/y~ · 402.918x02 ~, 402.928x02 ~, T~ A, B and C 402.938x02 ~ Ta~k coat (Asphalt Emulsion) 0.0012 t PGB/~I 407.01 RR Bituminous Mat~ial (Pavement, Shoulders) 0.0025 t PGB/gal 410.07 Micr~Surfacing, T~ Il 0.090 t PGB/t 410.102102 ~ Micr~Suffacing, T~e III and Rut Filling 0.075 t PGB/t 410.103102 ~, .104102 ~ Quick-Set Slu~,.T~e Il 0.115t PGB/t 410.202302 ~ Quick-S~ S~, T~e Ill 0.100 t PGB/t 410.203302 ~ Asphalt Sid~al~, ~Neway~ See Note 5 608.02~ ~ Mi~el~n~us AsPhalt 7~-07 0.004~ PGB/gal 618.07 Asphalt Emulsion 7~-300~ 0.0021t PGB/~I 618.3001, 407.02 ~ Asphalt Emulsion 702-3101, 7~-3102 0.0024t PGB/gal 618.3101, 618.3102 . Asphalt Emulsion 702-3201, 702~3301, -' 0.0025t PGB/gal 61~'8.3201, 618.3301; 618.3401~- 702-3401, 702-3402 · 618.3402 Asphalt Emulsion 702-3501, 702-3601 0.0022t PGB/gal 618.3501, 618.3601 Cationic Asphalt Emulsion 702-4001 . 0.0023t PGB/gal 618.4001, 407.02 RR Cationic Asphalt Emulsion 702-4101, 702- 0.0025 t PGB/gal : 618.4101, 618.4201, 618.4301 4201, 702-4301 Cationic Asphalt Emulsion 702-4401, ;/02- 0.0022 i PGB/gal 618.4401, 618.4501 4~01 , · Notes: I In accordance with Standard'Specification §698-3.01, the index value for the asphalt price adjustment is the average posted price of Performance Graded Binder (PGB) for the month of bid letting. 2. A two digit suffix (RR) at the end of a contract pay item indicates a.special specification. 3. The conversion factors for HMA mixed with slag shall be increased by 25%. 4. The conversion factor for True & Leveling, Driveways, or other items that allow mix options will be based on the actual mixtures used. Item Number. This is the contract pay item number under which these materials are most frequently paid. Unless indicated othem~ise, materials similar to those indicated under the column entitled "Material Description" are also eligible for adjustment using the factor listed'for a similar matedal with the same pay units regardless of the actual contract pay item number. Contact the Engineer with any questions regarding applicability of contract pay items that are not listed. 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 furnishing and placing within the Town of Southold, the following road treatments: 1. Oil and Sand 2. Oil and Stone 3. Liquid Asphalt 4. Sand Mix (type 5 Shim) 5. Type 6 Top 6. RC-250 Liquid Asphalt Oil & Recycled Stone 7. Type II Micro-Surfacing 8. Type 6 Asphalt (town pick up) Specifications may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York 11971, Monday through Friday, 8:00 am to 4:00 pm The sealed bids, together with a Non-Collusive Bid Certificate, and bank draft~ certified check~ or bid bond in the amount of $100.00~ will be received by the Town Clerk of the Town of Southold at the Southold Town Hall, PO Box 1179, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, MAY 28, 2009, 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. All bids must be signed and sealed in envelopes plainly marked with the type of road treatment being bid on, 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: May 5, 2009 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MAY 14, 2009, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971 Copies to the following: Suffolk Times Town Attorney John Cushman, Comptroller Brown's Letters Construction Data Town Board Members Superintendent of Highways Harris Dodge Reports Burrelle's Information Services Town Clerk's Bulletin Board Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 ITEM NO. 5 SPECIFICATIONS FOR THE PURCHASE & APPLICATION OF ASPHALT ROAD MATERIALS HOT MIX ASPHALT CONCRETE "Type 6 Top" NOTE: THE TOWN OF SOUTHOLD WILL ALSO REQUIRE +/- 30,000 SQUARE YARDS (more or less as may be needed) OF PAVEMENT TO BE APPLIED ON FISHERS ISLAND. THE REQURIED RESIDENT PRIOR TO ROADS. NOTIFIED INCLEMENT OPERATIONS. CONTRACTOR TO NOTIFY AT LEAST 24 ANY WORK ON RESIDENTS MUST BE RE- AFTER DELAYS DUE TO WEATHER OR JOB SHALL BE EACH HOURS TOWN Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 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 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 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 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 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 one hundred ($100) 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 judgment, 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 accor0panied. 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. Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 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 fight 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. 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. 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 interlineations, erasure or corrections may be rejected. The Town also reserves the fight to reject any bid if the evidence submitted in the qualification statement or an investigation 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. Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 I TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will' be required to appear before the Town in person; or ifa 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. Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" calendar Year 2009 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 Insurance 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 Contractor shall take out and maintain during the life of this Contract, Workmen% 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 this Contract from claims for damages four 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. Liabili ,ty 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 Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 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 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 there under. Both the certificates and the policy shall be endorsed to provide the Owner with any notice of cancellation or non-renewal. Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 DATE: PROPOSALFORM NAME OF BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL PO BOX 1179 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: NOTE: All items listed herein must be bid. Failure to bid any item will be grounds for disqualification. 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 the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined all project requirements, including bidding requirements, contract, general and special conditions, specifications, and addenda, if any (Note: acknowledgment of addenda and their dates must be included as indicated on bottom page); 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 all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the specified work; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 BID ON ASPHALT ROAD MATERIALS, HOT Mix ASPHALT CONCRETE, "Type 6 Top", 1N ACCORDANCE WITH THE PROJECT REQUIREMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED CUMULATIVE "UNIT PRICE" OF: FURNISH AND PLACE THE FOLLOWING WITHIN HOT Mix ASPHALT CONCRETE, "Type 6 Top" 3X 500 - 1,000 Tons SOUTHOLD TOWN: FISHERS ISLAND: (written in words) Per Ton (written in words) Per Ton (written in numbers) Per Ton (written in numbers) Per Ton **************************************************************************** HOT Mix ASPHALT CONCRETE, "Type 6 Top" 4X Over 1,000 Tons SOUTHOLD TOWN: FISHERS ISLAND: (written in words) Per Ton (written in words) Per Ton (written in numbers) Per Ton (written in numbers) Per Ton **************************************************************************** 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, 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. We the undersigned, further agree that this proposal shall be reviewed by the Town to correct any deficiencies in the proposed scope of work and, if no corrections are necessary, 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. Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 Signature of Bidder: Business Address: Telephone Number: Date: Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 1. 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. 2. 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 % Passing Total % 1" 100 -- 1/2" 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, % 5.8-7.0 Mixing & Placing Temperature Range - degrees F 250-325 +/- 4 NOTE: At No Time Will any Recycled Material (RAP) be used without the permission of the Superintendent of Highways 3. WEATHER LIMITATIONS The material shall be placed only when: 1. The road surface and atmospheric temperatures are at least 45 degrees F 2. The weather is not foggy or raining. 3. There is no forecast of temperatures below 32 degrees F within 48 hours from the time of placement of the Asphalt Concrete Material. 4. EQUIPMENT, DELIVERY & APPLICATION Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 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. All work shall commence within five (5) Calendar days after receipt of written order. Any reason for delay in work shall be submitted to the Town in writing explaining the delayl If the reason is not acceptable to the Town, work must continue without any further delay. 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. 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. All manholes, catch basins, curbs and other structures shall be protected against the application of asphalt concrete material. 5. 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. 6. 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. 7. MEASUREMENT & PAYMENT The prices 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 Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 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. 8. TRAFFIC MAINTENANCE The contractor shall be responsible for providing maintenance and protection of vehicular and pedestrian traffic associated with this work. Opening to traffic does not constitute acceptance of the work. The contractor shall also be responsible for providing all signage and traffic control during this work. END OF SPECIFICATION: Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fora district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that ofthe (Name of signatory) Be authorized to sign and submit the bid (Name of Corporation) Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2009 Or proposal of this corporation for the following Project: Item # 5 Hot Mix Asphalt Concrete "Type 6 Top" Peconic Lane, Peconic, New York 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ,20 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. Signature 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 furnishing and placing within the Town of Southold, the following road treatments: 1. 0ii and Sand 2. Oil and Stone 3. Liquid Asphalt 4. Sand Mix (type 5 Shim) 5, Type 6 Top 6. RC-250 Liquid Asphalt Oil & Recycled Stone 7. Type II Micro-Surfacing 8. Type 6 Asphalt (town pick up) Specifications may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York 11971, Monday through Friday, 8:00 am to 4:00 pm The sealed bids, together with a Non-Collusive Bid Certificate, and bank draft~ certified check~ or bid bond in the amount of $100.00~ will be received by the Town Clerk of the Town of Southold at the Southold Town Hall, PO Box 1179, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, MAY 28, 2009, 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 he deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked with the type of road treatment being hid on, 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: May 5, 2009 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MAY 14, 2009, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971 Copies to the following: Suffolk Times Town Attorney John Cushman, Comptroller Brown's Letters Construction Data Town Board Members Superintendent of Highways Harris Dodge Reports Burrelle's Information Services Town Clerk's Bulletin Board STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the TOwn of Southold, New York being duly sworn, says that on the I ~- day of fY~ ~ ,2009, she affixed a notice of which the annexed printed notice is a tree cop0y, 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, 53095 Main Road, Southold, New York. 2009 Various Road Treatment Bids (~lizabeth A. Neville Southold Town Clerk Sworn before me this {0, day of I'~O.~,. ,200~. LYNDA M. BOHN NOTARY PUBLIC, Sta'/e of New York No, 01 B06020932 Qualified in Suffolk Count'/ Teri'n Expires March 8, 20 II Southold Town Board - Letter Board Meeting of May 5, 2009 RESOLUTION 2009-369 ADOPTED .Item It 5.28 DOC ID: 4988 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-369 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 5, 2009: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs thc Town Clerk to advertise for various road treatment bids for the calendar year 2009. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, 3ustice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated May 7, 2009 Page 34