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HomeMy WebLinkAboutRoad Treatment - Type 6 Top Postage Certified Fee (Endorsement Required) Restricted Delive ~' Fee (Endorsement Requfred) Total Postage & Fees · Complete items 1, 2, and 3. AJso complete item 4 If Resblcted Delivery Is de~lred. · Print your name and address on the reverse so that we can retum the card to you. · Attach this card to the back of the ma[Ipiece, or on the front if space permits. 1. A~icle Addressed to: B.P Receivedby(P~ntsdNarne) '/~//'~ ~' ~ C.,.7_(~,~ '/O~ Date of Delivery D. Is dellve~ address dlffere~ flora Item 1 ? [] Yes If YES, enter deli~ry address below: [] No [] Registered [] Return R~celpt for Merchandise [] Insured Mail [] C.O.D. 4. Restfl~ed Deliver7 fESta Fee) [] Yes 2, /~ticle Number (Transfer from service/abe/) 7009 0820 0001 7820 9270 PS Form 3811, February 2004 Domestic Retum Receipt =0 Post~ge Cer[ifled Fee D Return Receipt Fee Restricted Delivery Fe~ (Endorsement Required nj ~ Total Postage & Fee~ · 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: lo..%o r-I Agent [] Addressee D. Is delive~ ~ different flom item 17 If YES, address below: [] No 3. Servlss 'rype ~Ceffdaed Mall [] Express Mall I [] Registered [] Return Receipt for Merchandise l -- [] Insured Mal~l r'l C.O.?___~_ -- 2. Article Number PS Form 381 1, February 2004 7009 0820 0001 7620 9089 Domeet~ Retum Receipt 102595-02el-1540 [;3 · 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 ff space permits. 1. Article Addressed to: 2. A~ticle Number Addressee D. Isdeliveryaddmssdifferentfromiteml? r-i Yes If YES, enter delivery address below: F-I No $. 8ewlce'ly~e ~Ce~l~d Mall [] E~,~,-~ Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O,D. 4. Re~flcted Dellv~ ~a Fee) []Yes 7009 0820 0001 7820 9263 PS Form 3811, February 2004 Dome~k~ R~um Rsue~lpt 10259~02~-1s40 C] · Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is deelred. · Print your name and eddress on the reverse so thet we can return the card to you. · Attach this card to the back of the maJlplace, or on the front If space permits. i"l Agent [] Addressee C. Date of Dailvery 'P~nted N~) ~) . 3..,-i~ D. ~ dellv~y address different from ltem l ? [] Yes If YES, enter dell~ry address below: [] No Ill Ser~ce 3ype I~Cerflf~d Mall [] Express Mail [] Reglatemd [] Return Receipt for Memhandl~ ~ I~u~ M~I ~ C.O.D. R~ ~1~ ~ F~) ~ Yes 2. Arllc~ Number 7009 0820 0001 7820 9287 'PS Form 3811, February 2004 Domeatf= Return Receipt 102595-02-M-1540 (Endorsement Required) ~ Total Postage & Fees ~ . (~ ~'~A~d,-2~ ................... t. .~.~.~....~.~......~.~ .................... · Complete item~ 1, 2, and 3. ~ complete item 4 if Reetflu-ted Delivery I~ desired. · Print your name and address on the reverse so that we can tatum the cexd to you. · Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: Na~e) D. Isdellve~ address different from Item' If YES, enter deliver/address below: [] Agent ~'1 Addressee 2. Article Number C~?ro~ 7009 0820 0001 PS Form 3811, February 2004 7820 9294 Southold Town Board - Letter Board Meeting of July 17, 2012  RESOLUTION 2012-569 Item # 5.9 ADOPTED DOC ID: 8001 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-569 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 17, 2012: RESOLVED that the Town Board of the Town of Southold hereby accepts the following bids for Item #5, Type 6 Asphalt Road Treatment: Price per Awarded to: Ton Southold Town Virgin 100-250 94.00 250-500 91.00 500-1000 88.00 1000+ 78.00 DeLalio Asphalt DeLalio Asphalt Rosemar Asphalt Rosemar Asphalt FishersIsland Virgin 100-250 365.00 250-500 300.00 500-1000 250.00 1000+ 216.00' DeLalio Asphalt Rosemar Asphalt Suffolk Asphalt Suffolk Asphalt Southold Town RAP 100-250 79.00 250-500 75.00 500-1000 71.00 1000+ 71.00 DeLalio Asphalt Corazzini Asphalt Corazzini Asphalt CoraTzini Asphalt FisherslslandRAP 100-250 300.00 250-500 275.00 500-1000 225.00 1000+ 205.00 Suffolk Asphalt Suffolk Asphalt Suffolk Asphalt Suffolk Asphalt Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Generated July 18, 2012 Page 15 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 19, 2012 Corazzini Asphalt Inc PO Box 1281 Cutchogue, NY 11935 Dear Sir: Congratulations. At the regular Town Board meeting held on July 17, 2012, the Town Board accepted the bid of Corazzini Asphalt for supplying and applying Type 6 Asphalt w/RAP, as follows: Southold Town RAP 250-500 75.00 500-1000 71.00 1000+ 71.00 Corazzini Asphalt Corazzini Asphalt Corazzini Asphalt A certified copy of the resolution is enclosed. The bid deposit is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 19, 2012 Suffolk Asphalt Corp. 30A N. Dunton Avenue Medford, NY 11763 Dear Sir: Congratulations. At the regular Town Board meeting held on July 17, 2012, the Town Board accepted the bid of Suffolk Asphalt Corp for supplying and applying Type 6 Asphalt, as follows: Fishers Island Virgin 500-1000 250.00 Suffolk Asphalt 1000+ 216.00 Suffolk Asphalt FisherslslandRAP 100-250 300.00 250-500 275.00 500-1000 225.00 1000+ 205.00 Suffolk Asphalt Suffolk Asphalt Suffolk Asphalt Suffolk Asphalt A certified copy of the resolution is enclosed. The bid deposit is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 19, 2012 DeLalio - South Fork Asphalt 224A North Main Street Southampton, NY 11968 Dear Sir: Congratulations. At the regular Town Board meeting held on July 17, 2012, the Town Board accepted the bid of DeLalio - South Fork Asphalt for supplying and applying Type 6 Asphalt, as follows: Southold Town Virgin 100-250 94.00 250-500 91.00 DeLalio Asphalt DeLalio Asphalt Fishers Island Virgin 100-250 365.00 DeLalio Asphalt Southold Town RAP 100-250 79.00 DeLalio Asphalt A certified copy of the resolution is enclosed. The bid deposit is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF 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.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 19, 2012 Rosemar Construction 56 Pine Street East Moriches, NY 11940 Dear Sir: Congratulations. At the regular Town Board meeting held on July 17, 2012, the Town Board accepted the bid of Rosemar Construction for supplying and applying Type 6 Asphalt, as follows: SoutholdTown Virgin 500-1000 88.00 1000+ 78.00 Rosemar Asphalt Rosemar Asphalt Fishers Island Virgin 250-500 300.00 Rosemar Asphalt A certified copy of the resolution is enclosed. The bid deposit is being returned to you. Thank you for your bid. Very truly yours~) Lynda M Rudder Deputy Town Clerk Ens. ADDITIONAL INTEREST NOTICE OF COMMERCIAL AUTOMOBILE POLICY POLICY NO CBA 0395378 07 ISSUED AT GENERAL CASUALTY CO OF WI DATE OF NOTICE 06/26/2012 GENERAL CASUALTY CO OF WI ONE GENERAL DRIVE SUN PRAIRIE WI 53596 TOWN OF SOUTHOLD ATTN: LYNN 53095 MAIN RD SOUTHOLD O00NY POLICY ISSUED TO- CORAZZINI ASPHALT INC &/OR CAMPBELL EXCAVATING CORP PO BOX 1281 COX LANE CUTCHOGUE NY NOTICE TO ADDITIONAL INTERESTS: WE ARE PLEASED TO REINSTATE THE ABOVE NUMBERED POLICY EFFECTIVE 02/07/2012. DISREGARD THE PREVIOUS TERMINATION NOTICE. AGENT SUZIO INSURANCE CENTER INC PO BOX 827 MERIDEN CT 06450 AGENT NUMBER - 006-0157 ADMINISTRATIVE MANAGER AUTHORIZED REPRESENTATIVE QBE and the links logo are registered sen~ice marks of QBE Insurance Group Limf[ed. #10753 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 28th dayof June, 2012, Sworn to before me this LEGAL NOTICE ~OTICE 'FO EI]DDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Sec- tion 103 of the General Municipal Law, that sea]ed bids are sought and request- ed for furnishing and placing within the Town of Southold, the following road treatments: 5. Ty~ 6 Top - Hot Mix Aspha]l Con- crete 8.~pe 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 Illl~lllLoLSJ~, will be received b~ Principal Clerk ~$TINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V0610~080 Qualified In Suffolk County My Commlllloll Explfel Fe~ot¥ 28, 2016 Item #5 Type 6 Top Road Treatment July 5, 2012 ~ 10:00 a.m. DeLalio Suffolk Asphal Rosemar Corazzini Southold Town Virgin 100-250 94.00 250-500 91.00 500-1000 89.10 1000+ 88.90 146.33 no bid 105.00 117.88 98.00 99.00 105.42 88.00 90.00 99.87 78.00 90.00 Fisherslsland Virgin 100-250 365.00 350.00 no bid 400.00 250-500 352.00 300.00 300.00 400.00 500-1000 305.00 250.00 300.00 400.00 1000+ 295.00 216.00 250.00 350.00 Southold Town RAP 100-250 79.00 250-500 78.00 500-1000 77.10 1000+ 77.10 132.08 no bid 85.00 103.58 98.00 75.00 91.12 88.00 71.00 85.57 78.00 71.00 FisherslslandRAP 100-250 350.00 300.00 no bid 350.00 250-500 340.00 275.00 300.00 350.00 500-1000 290.00 225.00 300.00 350.00 1000+ 290.00 205.00 250.00 300.00 Hot Mix Asphalt Concrete Item # 5 w/changes "Type 6 Top" Calendar Year 2012 NAME OF BIDDER: PROPOSAL FORM TO: SOUTHOLD TOWN BOARD TOW]q HALL PO BOX 1179 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 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 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: 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: Hot Mix Asphalt Concrete "Type 6 Top" Item # 5 w/changes Calendar Year 2012 **BID #1 FURNISH AND PLACE THE FOLLOWING WITHIN HOT Mix ASPHALT CONCRETE, "Type 6 Top" MADE WITH ALL (VIRGIN MATERIALS) 2X 100 - 250 Tons SOUTHOLD TOWN: (written in words) Per Ton Oo 105- (~itten in numbers) Per Ton do FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton ***************************************************************************** 2X 250 - 500 Tons SOUTHOLD TOWN: FISHERS ISLAND: (written in w*ords) Per Ton (written in numbers) Per Ton (written in words) Per Ton (written in numbers) Per Ton ***************************************************************************** 3X 500 - 1,000 Tons SOUTHOLD TOWN: (written in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton Hot Mix Asphalt Concrete Item # 5 w/changes "Type 6 Top" Calendar Year 2012 4X Over 1,000 Tons SOUTHOLD TOWN: FISHERS ISLAND: (written in ~ords) Per Ton (~tten in words) Per Ton (written in numbers) Per Ton (written in numbers) Per Ton **BID #2 FURNISH AND PLACE THE FOLLOWiNG WITHiN HOT Mix ASPHALT CONCRETE, "Type 6 Top" MADE WITH AN ALLOTMENT OF ( 20% OF RAP ) RECYCLED ASPHALT PRODUCT INCLUDED IN THE MIXTURE 2X 100 - 250 Tons SOUTHOLD TOWN: dolla 'x (writted in ~ord~) Per Ton (written in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton 2X 250 - 500 Tons SOUTHOLD TOWN: ,Seve V dolla,.s (written in wo~s) Per Ton (written in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton Hot Mix Asphalt Concrete Item # 5 w/changes "Type 6 Top" Calendar Year 2012 3X 500- 1,000 Tons SOUTHOLD TOWN: (written in w6rds) Per Ton (written in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton **************************************************************************** 4X Over 1,000 Tons SOUTHOLD TOWN: ,Y ce,,ty doll '. (written in w6rds) 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 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. Signature of Bidder: Business Address: Telephone Number: Date: Hot Mix Asphalt Concrete "Type 6 Top" STATEMENT OF NON-COLLUSION Item # 5 w/changes Calendar Year 2012 (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: (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. Resolved that ~'~k Q-~'"~ (XxF (~ 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 vT~ 2~ .,~ ~ of the (Name of signatory) ~)hcCk~2~A, ~O.~ [~x'Xc__ Be authorized to sign and submit the bid (Name of Corporation) Hot Mix Asphalt Concrete "Type 6 Top" Or proposal of this corporation for the following Project: Item # 5 w/changes Calendar Year 2012 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 ~3 day of (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. No. 0'15T5046833 Hot Mix Asphalt Concrete "Type 6 Top" Item # 5 w/changes Calendar Year 2012 PROPOSAL FORM DATE: 1~'4~ NAME OF BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL PO BOX 1179 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 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 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: 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: Hot Mix Asphalt Concrete "Type 6 Top" **BID #1 Item # 5 w/changes Calendar Year 2012 FURNISH AND PLACE THE FOLLOWiNG WITHIN HOT Mix ASPHALT CONCRETE, "Type 6 Top" MADE WITH ALL (VIRGIN MATERIALS) 2X 100 - 250 Tons SOUTHOLD TOWN: (written in ~'offds) Per Ton (written in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton ***************************************************************************** 2X 250 - 500 Tons SOUTHOLD TOWN: (written ifC~vords) Per Ton (written in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton 3X 500 - 1,000 Tons SOUTHOLD TOWN: FISHERS ISLAND: (w~fter~t in words) Per Ton (written in words) Per Ton (written in numbers) Per Ton (written in numbers) Per Ton Hot Mix Asphalt Concrete Item # 5 w/changes "Type 6 Top" Calendar Year 2012 4X SOUTHOLD TOWN: (~~rds) Per To~~~ (written in numbers) Per Ton Over 1,000 Tons FISHERS ISLAND: (written in words) Per To~ (written in numbers) Per Ton **BID #2 FURNISH AND PLACE THE FOLLOWING WITHIN HOT Mix ASPHALT CONCRETE, "Type 6 Top" MADE WITH AN ALLOTMENT OF ( 20% OF RAP ) RECYCLED ASPHALT PRODUCT INCLUDED IN THE MIXTURE 2X 100 -250 Tons SOUTHOLD TOWN: (written in~Jwords) Per Ton FISHERS ISLAND: (written in words) Per Ton ' cd (written in numbers) Per Ton (written in numbers) Per Ton ***************************************************************************** 2X 250 - 500 Tons SOUTHOLD TOWN: FISHERS ISLAND: (written in~4vorfl~) Per Ton (written in words) Per Ton '7',9 -" e3 q O "" (written in numbers) Per Ton (written in numbers) Per Ton Hot Mix Asphalt Concrete Item # 5 w/changes "Type 6 Top" Calendar Year 2012 ***************************************************************************** 3X 500 - 1,000 Tons SOUTHOLD TOWN: (written in ~ords) Per Ton FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton (written in numbers) Per Ton **************************************************************************** 4X Over 1,000 Tons SOUTHOLD TOWN: (written inWords) Per Ton FISHERS ISLAND: (written in words) Per To~ (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. Signature of Bidder: Business Address: Telephone Number: Date: Item # 5 w/changes Calendar Year 2012 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: (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. 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 '~e.e.t,~ O,J ,-Ge. JalLm '~-rt, of the (Name o~ 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 w/changes Calendar Year 2012 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 ~r..e.k day of ,.T'a~ ,20 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. ,,' Item # 5 w/changes Calendar Year 2012 Hot Mix Asphalt Concrete "Type 6 Top" DATE: '7/S"/~.>] q... PROPOSAL FORM NAME OF BIDDER: ~.~,O1 ~( ~o~'~f'kkc.'~rt~c'x TO: SOUTHOLD TOWN BOARD TOWN HALL PO BOX 1179 53095 MA1N ROAD SOUTHOLD, NEW YORK 11971 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 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: 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: Hot Mix Asphalt Concrete "Type 6 Top" **BID #1 Item # 5 w/changes Calendar Year 2012 FURNISH AND PLACE THE FOLLOWING WITHIN HOT Mix ASPHALT CONCRETE, "Type 6 Top" MADE WITH ALL (VIRGIN MATERIALS) 2X 100 - 250 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 ***************************************************************************** 2X 250 - 500 Tons SOUTHOLD TOWN: (written in words) Per Ton h%- (written in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton ***************************************************************************** 3X 500 - 1,000 Tons SOUTHOLD TOWN: (written in words) Per Ton (written in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton ~j~ - (written in numbers) Per Ton Hot Mix Asphalt Concrete Item # 5 w/changes "Type 6 Top" Calendar Year 2012 4X Over 1,000 Tons SOUTHOLD TOWN: (written in words) Per Ton (written in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton **BID #2 FURNISH AND PLACE THE FOLLOWING WITHIN HOT Mix ASPHALT CONCRETE, "Type 6 Top" MADE WITH AN ALLOTMENT OF ( 20% OF RAP ) RECYCLED ASPHALT PRODUCT INCLUDED IN THE MIXTURE 2X 100 - 250 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 ***************************************************************************** 2X 250 - 500 Tons SOUTHOLD TOWN: (written in words) Per Ton ~%- (written in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton Hot Mix Asphalt Concrete Item # 5 w/changes "Type 6 Top" Calendar Year2012 ***************************************************************************** 3X 500 - 1,000 Tons SOUTHOLD TOWN: (written in words) Per Ton (written in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton **************************************************************************** 4X Over 1,000 Tons SOUTHOLD TOWN: FISHERS ISLAND: (written in words) Per Ton '-~'~ B,~,.~,.~'~ ~ ~"~,--,.~*. t (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~v~ffect for a period of forty-five (45) days, the Town will accept or reject this pr~sal~gr~ mull agreement may extend this time period. Signature of Bidder: ~'~.._~_~ Business Address: Telephone Number: Hot Mix Asphalt Concrete "Type 6 Top" STATEMENT OF NON-COLLUSION Item # 5 w/changes Calendar Year 2012 (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: (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. 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 ~'~r' ~o~q'o~ e. ofthe (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 w/changes Calendar Year 2012 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 ~:~.~r.~" corporation at a meeting of the Board of Directors, held on the ~"l, of '~[~/ ,20 ~1.~ . (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. day Signature BID BOND Travelers Casualty and Surety Company of America Hartford, CT 06183 CONTRACTOR: (Name, legal status and address) Rosemar Construction, Inc. 56 Pine Street East Moriehes, NY 11940 OWNER: (Name, legal status and address) Town of Soathold 53095 Main Road Soathold, NY 11971 BOND AMOUNT: $100.00 (One Hundred and 00/100 dollars) PROJECT: (Name, location or address, and Project number, if any) Type 6 Tar - Hot Mix Asphalt Concrete SURETY: (Name. legal status and principal place of business) Travelers Casualty and Surety Company of America 343 Thornall Street, 5th fi. Edison, NJ 08837 The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Conffactor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been f~rnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefi'om and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. The Co,,.p.~.y executing this bond vouches that this document conforms to American Institute of Architects Document A3t 0, 2010 eriltion Signed and sealed this 2nd day of July ., 2012~. j~ .: ~ ' -~-~-~ Crib/e) Travel~asu/t~y)and Sure~y Company of America ( ~urety) Jeannette Maurer (Seal) ~itle) The Company executing this bond vouches that this document conforms to American institute of Architects Document A310, 2010 edition 2 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney-In Fact No. 225166 Cer,ificat. No. 0 0 4 8 9 2 G 0 7 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa. and that Fidelity and Guaranty Insurance Underwriters, Inc,, is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Lisa M. Brady, Susan Forman, and Jeannette Maurer of the City of Nl~,w York , State of New Yol'k , their tree and lawful Attomey(s)*in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perm~tte~ in any aetinns or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instmmem to be signed and theix corporate seals to be hereto affixed, this day of June 2012 4th Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company eeeeeeeee State of Connecticut By: City of Hartford ss. On this the 4th day of June, 2012 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. , etreault, Notary l>ablic 58440-6-11 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS CASUAL'FY AND SURE-rY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06183 F[N~NC. IAL E?ATEMENT AS OF JUNE 30, 2011 LIABlUTIEE & SURPLUS SUSAN M. WEISSLEDE'R Acknowledgment of Corporation STATE OF NEW YORK COUNTY OF On the 7-'~e' day of ~'~---q in the year 7~,._ before me personally came ~o~i' ~,,~ to me known, who, being by me duly swom, did depose and say that he/she/they reside(s) in ~,-~.~ ~.no~..~u~; , ,,~/ (if the place of residence is in a city, include the street and street number, if any, thereof); that he/she/they is (are) the I='~"~'~ (president or other officer or director or attorney in fact duly appointed) of the ~.os~...~ c_t~n~--~o,q . ,,-~. (name of corporation), the corporation described in and which executed the above instrument; and that he/she/they signed his/her/their name(s) thereto by authority of the board of directors of said corporation. Notary Public Printed Name: My Commission Expires: D~AN£ B£LLO ..................... OF NLm, gYORI( NO 01BE6072706, SUFFOLK COUNTY (~OMMISSION EXPIRES APRIL 8, 20 ,~ Acknowledgment of Surety STATE OF NEW YORK COUNTY OF NEW YORK On the 2nd day of July in the year 2012. before me personally came Jeannette Maurer to me known, who, being by me duly sworn, did depose and say that she resides in Brooklyn, NY that she is the Attomey-ln-Fact of the Travelers Casualty and Surety Company of America, the corporation described in and which executed the above instrument; and that she signed her name thereto by authority of the board of directors of said corporation. Notary Public Printed Name: 1_~ stt ~ (2~v-a_d~ My Commission Expires: LISA M BRADY Notary Public. State of New York No, 5000904 Qualified in Columbia County .I Commission Expires August 24,201'1, Hot Mix Asphalt Concrete "Type 6 Top" Item # 5 w/changes Calendar Year 2012 DATE: PROPOSAL FORM NAME OF BIDDER: 5o,:~o~,t. ,q}/~/~qcr (0,'e TO: SOUTHOLD TOWN BOARD TOWN HALL PO BOX 1179 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 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 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: 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: Hot Mix Asphalt Concrete "Type 6 Top" ltem# 5 w/changes Calendar Year 2012 **BID #1 FURNISH AND PLACE THE FOLLOWING WITHIN HOT Mix ASPHALT CONCRETE, "Type 6 Top" MADE WITH ALL (VIRGIN MATERIALS) 2X 100 - 250 Tons SOUTHOLD TOWN: (written in words) Per Ton ~; ~- ~/ ~ i~"~ -~ (written in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton 2X 250 - 500 Tons SOUTHOLD TOWN: /7/u/qo,x~.-,-) L-~/_.~c,.../'~.,w.,, ~.~-~ (written in words) Per Ton FJ '/I 7. (written in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton ***************************************************************************** 3X 500 - 1,000 Tons SOUTHOLD TOWN: (written in words) Per Ton (~',,-,-~ (written in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton Hot Mix Asphalt Concrete Item # 5 w/changes "Type 6 Top" Calendar Year 2012 4X Over 1,000 Tons SOUTHOLD TOWN: (written in words) Per Ton (,~ ,~ ~ ~ (written in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton **BID #2 FURNISH AND PLACE THE FOLLOWING WITHIN HOT Mix ASPHALT CONCRETE, "Type 6 Top" MADE WITH AN ALLOTMENT OF ( 20% OF RAP ) RECYCLED ASPHALT PRODUCT INCLUDED IN THE MIXTURE 2X 100 - 250 Tons SOUTHOLD TOWN: (~Uen in words) Per Ton [~ o~ (~iaen in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton 2X 250 - 500 Tons SOUTHOLD TOWN: (~i~en in words) Per Ton ~ c, n, (,~ (written in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton Hot Mix Asphalt Concrete Item # 5 w/changes "Type 6 Top" Calendar Year 2012 3X 500 - 1,000 Tons SOUTHOLD TOWN: (written in words) Per Ton /2 (written in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton (~i~en in numbers) Per Ton **************************************************************************** 4X Over 1,000 Tons SOUTHOLD TOWN: (written in words) Per Ton (~ y ~ r.j (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 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. Signature of Bidder: Business Address: Telephone Number: Date: Item # 5 w/changes Calendar Year 2012 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 beliefi (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. 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 ~ 1-4 txj 37 o~ t~r,t,x ~/5 c c t-~.r ,q ofthe (Name of signatory) Be authorized to sign and submit the bid (Name of Corporation) Hot Mix Asphalt Concrete "Type 6 Top" Or proposal of this corporation for the following Project: Item # 5 w/changes Calendar Year 2012 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 ..,7 ~o day of ~-'~,, c/-~ ,20 / 7_.. (SEAL OF THE CORPORATION) Laws of Ne~w York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. Signature THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Suffolk Asphalt Corp. 30A North Dunton Avenue Medford NY 11763 as Principal, hereinafter called the Principal, and First National Insurance Company of America 1200 MacArthur Blvd. Mahwah NJ 07430 a corporation duly organized under the laws of the State of NH as Surety, hereinafter called the Surely, are held and firmly bound unto Town of Southold 53095 Main Road Southold NY 11971 as Obligee, hereinafter called the Obligee, in the sum of , .~ ................... O/,,~ ~-/,~-~-o 0,~ ~ ,--~A · Dollars($ ~ /o 0 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Type 6 Top - Hot Mix Asphalt Concrete. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall bo null and void~ otherwise to remain in full force and effect. Signed and sealed this 3rd day of July 2012 Suffolk Asphalt Corp. (Pdncipal) /~ (Seat) (Title) First National Insurance Company of America I (Surety) I1~ . /)~ (Seal) A#orney-in-Fact Thomas M. Niland '-~ (~) AIA DOCUMENT A310 · BID BOND · AIA · FEBRUARY 1970 ED. · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20~06 ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK COUNTY OF 6 tIC- ON THE~D~AY OF JULY 2012 BEFO~ ME PERSONALLY CAME TO ME ~O~, WHO BErG ~Y ME DULY SWO~DID DEPOSE AND SAY THAT (S~SIDES ( IS THE ~ · OF SUFFOLK ASPUALT ~ ~DESCRIB~ AND~H ~ECUTED IHE ABOVE ~STRUMENT; AND THAT (~HE S~NE~HIS~R NAME THE~TO BY O~ER OF THE BOARD OF DI~S OF S~ CO.OPTION ~ ACKNOWLEDGEMENT OF SU~TY STATE OF NEW YORK COUNTY OF SUFFOLK ON THE 3RD DAY OF JULY 2012, BEFORE ME PERSONALLY CAME THOMAS M. NILAND TO ME KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY THAT (S)HE RESIDES AT LIDO BEACH, NY THAT (S)HE IS THE FIRST NATIONAL INSURANCE COMPANY OF AMERICA THE CORPORATION DESCRIBED 1N AND WHICH EXECUTED THE ABOVE INSTRUMENT; THAT (S)HE KNOWS THE SEAL OF SAID CORPORATION; THAT ONE OF THE SEALS AFFIXED TO THE FOREGOING iNSTRUMENT IS SUCH SEAL; THAT IT WAS SO AFFIXED BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION; AND THAT (S)HE SIGNED HIS/HER NAME THERETO BY LIKE ORDER ,~o~ary Public 'THIS POWER OF A"I"I'ORNEY I$ NOT VALID UNLESS IT I$ PRINTED ON RED BACKGROUND. -5001240 'this Ppwe. r of Attorney Ilmite the act~ of those named herein, and they have'no autho~ity to bind the Company except in the manner and to the'eXtent h~mln ~atod. Certificate No. First National Insurance Company of Amedca General Insumone Company of America Safeco Insurance Company of America POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of Amedca, General tosum~ce Company of America, and Safaco thsumnce Company of America are cerpa~f~ns duly o~ganized under the laws of the State of Now I-lampshim (herein collectively called the 'Companies'), pursuant to and by aothofity herein est foifh, does hereby name, constitute and appoint, THOUAS M. NJ[AND, GAYE E. CONKUN, JOHN E. HARDY~ LISA M. METZGEN ................................................................................................................. and deliver, fa' and on its behaJf as sum['/and es its act and deed, any and all undertokings, bonds, recognizances and oth~ surety obligalfons, in pursuance of these presents and shall he as binding upon the Companiss as if they have been duly signed by the president and attested by the sac~etery of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subsc~bed by an authoflzed officer or offdal of the Companies and the corporate seals of the Companies have been affixed thereto this sth . day of Varch 2012 . -eec STATE OF WASHINGTON ns COUNTY OF KING First National Insurance Company of America General Insurance Company of America Safece Insurance Company of America On this 5th day of March ~ =o12 , hefere rue personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of First National Insurenca Company of Amedca, Geceml insurance Company of America, and Sofeso Insurenca Company of Ame~ca, and that he, as such, being authorized se to do, execute the foregoing instrument for the purposes ther~n contained by signing on hehaif of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my nntada[ seal at Seaide, Washington, on the day and year first above written. 1~is Power of Attorney is made and executed pursuant to and by authority of the fo~towing By-low and Aoffodzations of First I~lational insurance Company of Amedca, General Insurar~e Company of Amedce, and Safaco insurance Company of Ametica, which ara now in full force and ~ reading as follows: ARTICLE IV- OFFICERS ~ Section 12. Power of Attorney. Any officer or other official of the Coqx)ration authchzed for that purpose in w~ting by the Chairman er the President, and subject to sudl limitation ~ Ihs Chairman er the President may pmscdhe, shall appaint such attomeys-in-fuct, as may he necessary fo act in behalf of the Cor[xxatico to make execute, seal, acknowledge and datlver es surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subjent to the limitations set ~ in their mspacfive powers of attomey, shall have full power fo bind the Co~omlJon by their signafom and executed, such ins~ornents shall he as binding es if sJgned by the President and attested to by the Secretary. Any power or authertty granted th any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Ct~airman, the President or by the offcar or officers granting such power or authority. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Grego~ W. Davenpurr~ Assistant Secretary to appoint such attorneys-in-fact as may be necesaa~y to act on beheif of the company to make, execute, sear, acknowledge and deliver es surety any and all underfakings, bonds, recognizances and other surety obligations. -- Authorization - By unanimous consent of the Company's Board of Oiractom, the Company consents that facsimile or meshanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a cerl~ed copy of any power of attorney issued by the Company in cooneclfon with surety bonds, shall he valid and biding upon the company with the sarue fome and effect as though manually affixed. I, David M. Carny, the undersigned, Assistant Secretary, of First National Insurance Company of America, General Insurance Company of America, and Sofeco insurance Company of Ame~ua do hereby cerlity that the edgtoal power of attorney of which the foregidng is a full above and foregoing is a true and c~ract copy of the Power of Attsmey executed by said Compunids, which is in full force and eftsd and has not been revoked, ti U [. - 3 L~01/') IN TESTIhlONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of David M. Carny, Assistant Sect~ete~ LMS_t 2874_012012 - 3 Company FIRST NATIONAL INSURANCE COMPANY OF AMERICA FLNAN .C~AL STATEMENT ~ DEC3KMBER 31, 2010 Cash and hnk Oq~its'. ...................................... $ *Bonds-- U.S GO~mmmt ...... . 47,754,630 *Other Bonds ......................................................... 97,685,752 *Stocks .... . ...................................... 12.430 Agents' Balances or Unco0e~d Pmnimm ........... 26,041,807 Amued lnte~st and B~cnts .................................... 1,344.284 ................................. Uneanml Pmnluns ........................... ; .................. $ 38,825,262 Rase~c for O~n~ and Oa~ms E~q~mse ................. 87,389,780 Funds He.M Undm' R~mmmoe Tnmlas ................ 0 Rcas~ for Div/dends Jo P~cyhoMeu .................. 7,499 Additional $*-*~,~/Rasnv~ .................................. 0 Other Liabilitias ............................................... 34.053.970 Total ,, . 160,2'76,.$11 Specid Smplas p, ma, ................ $ 1,014,134 Capital Sjock .............................. ~,O00,OOO Paid h SmlMuS ......................... 581,836 UnassignM Smplus .................... 39,429,343 surpbs to PdSq4dd~ ..... ~02S.313 To~d Lbbill~s and Surplus ......... O * ~i~°n~. arc.st~l_ atmno~'~mhvcsUnnt~ue;Sjo~satAs~:h~ionMarketValues. _mc ~..°~ fimncial inf~ma~on is taken fnnn Pi~t Nationd ImmmEe Company of Amct~a's ~mancial stat~nt filed with die state of'W~hlngton 1~ of Imurance. 1, ~ MIKOLAJEWSKI, Vim-P~sident of Fwst National Insurance Cmnpmy of Am~ do hereby ce~fy that the fo~golng is · ~ and ce*~ect smement of the A',ms and l.lmhilities of said Cor-vc~:.:;on, as of December 31, 2010, to the best ofmy knowledge and belief. IN WITNESS WHEREOF, I .rove he~etmto set my hand and al~.ed the seal of sam C..mpomtimi at Se~le, Washing. aa, ~ 2~ doy of M~2011, 20/06 '12 WED 08:23 FAX 631 765 6145 SOUTHOLD TOWN CLERK ~001 TX/RX NO INCOMPLETE TX/RX TRANSACTION OK ERROR ****************************** *** MULTI TX/RX REPORT *** ****************************** 2216 [, 51118005243329 [* 52]18882329941 [, 53]18002582984 [* 54]18009620544 Burrelle's Info Data Construct Dodge Reports Construct Info LEGAL NOTICE NOTICE TO BIDDERS NOTICE 1S 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: Type 6 Top - Hot Mix Asphalt Concrete Type 6 Asphalt (town pick up) Specifications may be obtained at the Office of the Town Clerk, Town of Southold, Town ltall, 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, e.e.rtified eheclh 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 I0:00 A.M., Thursday, July 5, 2012, 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 t~.x, federal, state, or local, fi:om which the Town of Southotd is exempt. Dated: June 19, 2012 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JUNE 28, 2012, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 1197t Copies to the following: Suffolk Times Town Attorney John Cushman, Comptroller Town Bo~d Members Superintendent of Highways Harris Dodge Reports 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 lbr furnishing and placing within the Town of Southold, the following road treatments: Type 6 Top - Hot Mix Asphalt Concrete 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, July 5, 2012, at which time they xvill be opened and read aloud in public. The 'l'own 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: June 19, 2012 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASI~ PUBLISH ON JUNE 28, 2012, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CI,ERK, TOWN HALL. PO BOX 1179. SOUTHOLD, NY 11971 Copies to the following: Suflblk 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 w/changes "Type 6 Top" Calendar Year 2012 ** Indicates changes to specifications 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 AFTER DELAYS WEATHER SHALL BE EACH HOURS TOWN BE RE- DUE TO OR JOB Hot Mix Asphalt Concrete Item # 5 w/changes "Type 6 Top" Calendar Year 2012 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 w/changes "Type 6 Top" Calendar Year 2012 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical. The Superintendent of Highways reserves the right to make awards by items, or as a whole, or not at all, whichever the Superintendent deems to be in the best interest of the Town. A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making, the award. The Town reserves the 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 "Type 6 Top" I TIME FOR EXECUTION OF CONTRACT Item # 5 w/changes Calendar Year 2012 Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall, be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. PREVAILING WAGE RATES The New York State Department of Labor's Prevailing Wage Rate Schedules are part of this Contract. The Contractor is responsible for being familiar with the latest available schedules. Hot Mix Asphalt Concrete Item # 5 w/changes "Type 6 Top" Calendar Year 2012 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 LiabiliW 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. Liability and Property Damage Insurance: The above policies for Public Liability and Property Damage Insurance must be so written to include Contractor's Protective Liability and Property Damage insurance to protect the Contractor against claims arising from the operations of a subcontractor. The policies shall also name the Town of Southold as an additional insured. Owner's Protective Public Liability and Property Damage Insurance: The Contractor shall furnish to the Owner, with respect to the operations he or any of his subcontractors perform a regular Protective Public Liability Insurance Policy for, and in behalf of the Owner, providing Hot Mix Asphalt Concrete Item # 5 w/changes "Type 6 Top" Calendar Year 2012 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 w/changes "Type 6 Top" Calendar Year 2012 DATE: PROPOSALFORM NAME OF BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL PO BOX 1179 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 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 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: 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: Hot Mix Asphalt Concrete "Type 6 Top" **BID #1 Item # 5 w/changes Calendar Year 2012 FURNISH AND PLACE THE FOLLOWING WITHIN HOT Mix ASPHALT CONCRETE, "Type 6 Top" MADE WITH ALL (VIRGIN MATERIALS) ***************************************************************************** 2X 100 - 250 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 2X 250 - 500 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 ***************************************************************************** 3X 500 - 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 Hot Mix Asphalt Concrete Item # 5 w/changes "Type 6 Top" Calendar Year 2012 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 **BID #2 FURNISH AND PLACE THE FOLLOWING WITHIN HOT Mix ASPHALT CONCRETE, "Type 6 Top" MADE WITH AN ALLOTMENT OF ( 20% OF RAP ) RECYCLED ASPHALT PRODUCT INCLUDED IN THE MIXTURE ***************************************************************************** 2X 100 - 250 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 2X 250 - 500 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 Hot Mix Asphalt Concrete Item # 5 w/changes "Type 6 Top" Calendar Year 2012 3X 500 - 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 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 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. Signature of Bidder: Business Address: Telephone Number: Date: Hot Mix Asphalt Concrete Item # 5 w/changes "Type 6 Top" Calendar Year 2012 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: The road surface and atmospheric temperatures are at least 45 degrees F The weather is not foggy or raining. There is no forecast of temperatures below 32 degrees F within 48 hours from the time of placement of the Asphalt Concrete Material. Hot Mix Asphalt Concrete Item # 5 w/changes "Type 6 Top" Calendar Year 2012 4. EQUIPMENT, DELIVERY & APPLICATION 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. SAMPLES The town at its discretion can request samples of asphalt material provided by winning bidder to have periodic testing of the mix at a DOT approved facility at the vendor's expense to help insure that the mix provided is to our specification. 7. 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. Hot Mix Asphalt Concrete Item # 5 w/changes "Type 6 Top" Calendar Year 2012 8. 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 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. 9. 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. **Lastly, the winning bidder will supply the Highway Department with daily mix reports showing the composition of the asphalt mix that day, and endeavor to submit them to us along with the invoices submitted for payment. END OF SPECIFICATION Hot Mix Asphalt Concrete "Type 6 Top" STATEMENT OF NON-COLLUSION Item # 5 w/changes Calendar Year 2012 (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: (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. 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 of the (Name of signatory) Be authorized to sign and submit the bid (Name of Corporation) Hot Mix Asphalt Concrete "Type 6 Top" Or proposal of this corporation for the following Project: Item # 5 w/changes Calendar Year 2012 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 of ,20.__ day (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. Signature · 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. ArticleAddressed to: X~,...~;~ C:=~ . r'l Addressee B. xR'~ved by ( P, rlnte~Name) lC. Date ofpelivery D. Is dellve~J a~ldress different from item 17 ! [] ~es If YES, enter delivery eddmss below: [] No 3. Sew~e lype ~ Mall [] Express Mall [] Registered [] Retum Receipt for Memhandlse [] Insured Mall [] C.O.D. 4. Restricted Dellve~r? (J~tta F~e) [] Yes 2. A~icle Number i PS Form 3811, February 2004 7007 0710 0003 2876 3184 · Complete Item~ 1,2. and 3. Also complete Item 4 ff Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can tatum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: B. Received ~ C. Date of Delivery D. Is deliver, address d~rent fTom Item 1 ? [] Yes If YES, enter delive~ address below: i--I No · ~Oatlfled Mall [] Exp~ss Mall [] Registered [] Return Receipt for Memhandise [] Imured Mail [] C.O.D. 4. ~ Deliver? (Extra Fee) I-lyes 2. A~lcleNumber 7007 0710 0003 2876 3085 PS Form 381 li Febmar~ 2004 ~ ~ ~ ~o=~-~-~ · Complete Items 1, 2, and 3. Also complete item 4 If Resfltcted Deliver/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. 3. sew~e ~pe ~e~1fled Mail [] Express Mail [] R~I~ ~ ~um R~ for Memhandi~ D In~ M~I D C.O.D. 4. R~ ~l~e~ ~ ~) D ~ 2. Article Number (Transfer ~=m sexy/ce/abe0 , PS Form 3811, February 2004 7007 0710 0003 2876 3078 Domestic Return Receipt 102595-02-M~1540 · Complete items 1, 2, and 3. Alan 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. 2. A~ticle Number (Transfer from san/ce/abe0 r'l Agent i--I Addressee D. Is delive~ from item 17 If YES, enter delivery address below: [] No Certified Mail [] Express Mall 7007 0710 0003 2876 3061 PS Form 3811, February 2004 Domestic Retum I~ 102595-02-M-154~ im' COmplete Items 1,2, and 3..Nso comPi*ete~ ...... Item 4 If Restffcted Delive~ Is desired. · Print your name and address on the reverse .oroSO that we can return the card to you. Attach this cezd to the back of the mailpiece, n the front if space permits. 1. cie Addressed to: 2. A~ticie Number X [] Addressee B. Recei~d by (Printed Name) C. Date of Delivery D. Is delive~ address different from ltem l ? [] Yes If YES, enter delivery address below: [] No ! [] Registered C~',~ Receipt for Merchandise [] Insured Mail _ ~ C.0iD. ~ ~,,c~''- . ~ 4. Restflcted~Fee) ~'' [ 7007 n~t~iv:§ IJ b ~ ~"~'"~ ~'91 PS Form 3811, February 2004 Domestic Return Receipt 10259.~0~M-1540 PETER W. HARRIS Superintendent Highway Department Town of Southold 275 Peconic Lane o P.O. Box 178 · Peconic, N.Y. 11958-0178 TeL (631) 765-3140 (631) 734-5211 Fax (631) 765-1750 TO: From: Re: Date: Lynda Rudder Peter Harris Asphalt Bids May 31, 2012 Good morning Lynda. I have a list of items that have to be incorporated into a new bid for the Type Six Asphalt for both Type Six Pickup Asphalt Per Ton & Type Six Asphalt [,ay Down Paving By A Contract Provider Per Ton. The Asphalt is to be bid as stated earlier Type Six and is to be bid in two separate mixtures. The first being Type Six Asphalt tnade ~vith all ( virgin materials ) and the second being Type Six Asphalt made with an allotment of( 20% of RAP ) recycled asphalt product included in the nfixture. This request is consistent with NYSDOT guidelines. The following language also needs to be included for all prospective bidders: The town at its discretion can request samples of asphalt material provided by winning bidder to have periodic testing of the mix at a DOT approved facility at the vendor's expense to help insure that the mix provided is to our specification. Lastly, the winning bidder will supply the highway department with daily mix reports showing the composition of the asphalt mix that day, and endeavor to submit them to us along with the invoices submitted for payment. This information can be included with the entire asphalt bid that is supplied to all prospective bidders. As soon as you can incorporate this information please advertise the new bids. Thanks Pete ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF 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 May 11,2012 DeLalio - South Fork Asphalt 224A North Main St Southampton NY 11968 Dear Sir: At the regular Town Board meeting held on May 8, 2012, the Town Board rejected all bids for Type 6. 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 Bas. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 11, 2012 Rosemar Construction 56 Pine St East Moriches, NY 11940 Dear Sir: At the regular Town Board meeting held on May 8, 2012, the Town Board rejected all bids for Type 6. 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 Ens. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May l 1, 2012 Corazzini Asphalt PO Box 1281 Cutchogue, NY 11935 Dear Sir: At the regular Town Board meeting held on May 8, 2012, the Town Board rejected all bids for Type 6. 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 EllS. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 11, 2012 Suffolk Asphalt Corp 30A N. Dunton Avenue Medford, NY 11763 Dear Sir: At the regular Town Board meeting held on May 8, 2012, the Town Board rejected all bids for Type 6. 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 Ens. Southold Town Board - Letter Board Meeting of May 8, 2012 RESOLUTION 2012-397 ADOPTED Item # 4.13 DOC ID: 7829 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-397 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 8, 2012: RESOLVED that the Town Board of the Town of Southold hereby rejects the bids received for the following Road Treatments: Item # 2 Oil & Sand Item # 3 Liquid Asphalt Item # 5 Type 6 Top Item # 6 RC-250 Item # 8 Type 6 pick up and be it further RESOLVED that the Town Clerk is hereby authorized and directed to re-advertise for various road treatment bids for the calendar year 2012. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Kmpski Jr., Evans, Russell Generated May 9, 2012 Page 24 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net Four {4) bids were received: DeLalio - South Fork Asphalt 224A North Main St Southampton NY 11968 2X 100-250 ton w/RAP 2X 250-500 ton w/RAP 3X 500-1000 Ton w/RAP 4X over 1000 Ton w/RAP Rosemar Construction 56 Pine St East Moriches, NY ! 1940 2X 100-250 ton 2X 250-500 ton 3X 500-1000 Ton 4X over 1000 Ton Comzzini Asphalt PO Box 1281 Cutchogue, NY 11935 2X 100-250ton 2X 250-500ton 3X 500-1000 Ton 4X over l000 Ton OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING April 19, 2012 at 10:00 am #5 Type 6 Top Town $79.00 $95.00 $74.O0 $94.OO $72.25 $92.00 $72.00 $92.00 no bid $98.00 $88.O0 $78.0O $84.00 $77.00 $73.50 $70.00 Fishers Island. no bid no bid no bid no bid no bid no bid no bid no bid no bid $300.00 $300.00 $250.00 $350.00 $350.00 $350.00 $350.00 'Suffol~ Asphalt Corp 30A N. Dunton Avenue Medford, NY 11763 631-698-1791 2X 100-250 ton 2X 250-500 ton 3X 500-1000 Ton 4X over 1000 Ton $200.00 $175.00 $140.00 $100.00 $400.00 $275.00 $190.00 $165.00 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Four (4) bids were received: DeLalio - South Fork AsphaltT'%[ 224A North Main St Southampton NY 11968 2X 100-250 ton 2X 250-500 ton 3X 500-1000Ton 4X over 1000 Ton w/RAP w/RAP w/RAP w/RAP Rosemar Construction 56 Pine St East Moriches, NY 11940 2X 100-250 ton 2X 250-500 ton 3X 500-1000 Ton 4X over 1000 Ton Corazzini Asphalt PO Box 1281 Cutchogue, NY 11935 2X 100-250 ton 2X 250-500 ton 3X 500-1000 Ton 4X over 1000 Ton OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING April 19, 2012 at 10:00 am #5 Type 6 Top Town $79.00 $95.00 $74.0O $94.00 $72.25 $92.00 $72.00 $92.00 no bid $98.00 $88.00 $78.00 $84.00 $77.00 $73.5O $70.00 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net Fishers Island no bid no bid no bid no bid no bid no bid no bid no bid no bid $3O0.O0 $300.00 $250.00 $350.00 $350.00 $35O.OO $350.00 Suffolk Asphalt Corp 30A N. Dunton Avenue Medford, NY 11763 631-698-1791 2X 100-250 ton 2X 250-500 ton 3X 500-1000 Ton 4X over 1000 Ton $200.00 $175.00 $140.00 $100.00 $400.00 $275.00 $190.00 $165.00 Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2012 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 2012 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 w(~rk 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 2012 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 am 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 "Type 6 Top" I TIME FOR EXECUTION OF CONTRACT Item # 5 Calendar Year 2012 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 2012 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. Liability and Property Damage Insurance: The above policies for Public Liability and Property Damage Insurance must be so written to include Contractor's Protective Liability and Property Damage insurance to protect the Contractor against claims arising from the operations of a subcontractor. The policies shall also name the Town of Southold as an additional insured. Owner's Protective Public Liability and Property Damage Insurance: The Contractor shall furnish to the Owner, with respect to the operations he or any of his subcontractors perform a regular Protective Public Liability Insurance Policy for, and in behalf of the Owner, providing Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2012 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" DATE: NAME OF BIDDER: PROPOSAL FORM Item # 5 Calendar Year 2012 TO: SOUTHOLD TOWN BOARD TOW]q 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 2012 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" 2X 100 - 250 Tons FISHERS ISLAND: (written in words) Per Ton ~0 [-~ I'h (written in numbers) Per Ton ***************************************************************************** HOT Mix ASPHALT CONCRETE,"Type 6 Top" 2X 250 - 500 Tons SOUTHOLD TOWN: ~ ' ' (~i~6~n wo?ds) Per Ton ' ' W4, Do w l (wrinen in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton ~0 -O~lo (written in numbers) Per Ton HOT Mix ASPHALT CONCRETE, "Type 6 Top" 3X 500 - 1,000 Tons SOUTHOLD TOWN: (~ffe~ in words) Per Ton c3 (~itten ~ numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2012 HOT Mix ASPHALT CONCRETE, "Type 6 Top" 4X Over 1,000 Tons SOUTHOLD TOW. N: '(~ed in'wo~ds) Per Ton --02. (~iUen in ~mbers) 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 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. Signature of Bidder: Business Address: Telephone Number: t lot Mix Asphalt Concrete "Type 6 Top" Item # 5 Calendar Year 2012 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 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 2012 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 up to and including one (1) year thereafter. The contract period may be extended for up to one (I) additional year upon mutual written agreement of the Town and the Contractor. ttot Mix Asphalt Concrete Item # 5 ' "Type 6 Top" Calendar Year 2012 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 2012 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: (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. 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 pg~ 03. ~)ek~ho Z~-a (NaSfie of signatory) (Name of Corporation) of the 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 20t 2 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 q~eh~k~o ~,mu ~oJ~_ )~5-~[~,It corporation at a meeting of the Board of Directors, held on the I ~ ~.h day of ~l)~. ,20 n~. (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: 3. 5. 6. 7. 8. Oil & Stone Liquid Asphalt Type 6 Top - Hot Mix Asphalt Concrete RC-250 Liquid Asphalt Oil & Recycled Stone Type II Micro-Surfacing 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, April 19, 2012, 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: March 27, 2012 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL 5, 2012, 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" Item # 5 Calendar Year 2012 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 RESIDENTAT LEAST 24 HOURS PRIOR TOANY WORK ON TOWN ROADS. RESIDENTS MUSTBE RE- NOTIFIED AFTER DELAYS DUE TO INCLEMENT WEATHER OR JOB OPERATIONS. Item # 5 Calendar Year 2012 Hot Mix Asphalt Concrete "Type 6 Top" 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 ($ I00) 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 20I 2 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 "Type 6 Top" I TIME FOR EXECUTION OF CONTRACT Item # 5 Calendar Year 2012 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 "Type 6 Top" Item # 5 Calendar Year 2012 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. Liability and Property Damage Insurance: The above policies for Public Liability and Property Damage Insurance must be so written to include Contractor's Protective Liability and Property Damage insurance to protect the Contractor against claims arising from the operations of a subcontractor. The policies shall also name the Town of Southold as an additional insured. Owner's Protective Public Liability and Property Damage Insurance- The Contractor shall furnish to the Owner, with respect to the operations he or any of his subcontractors perform a regular Protective Public Liability Insurance Policy for, and in behalf of the Owner, providing Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2012 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 fumished, 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. o Hot Mix Asphalt Concrete "Type 6 Top" DATE: PROPOSAL FORM Item # 5 Calendar Year 2012 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 # 5 "Type 6 Top" Calendar Year 2012 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" 2X 100 - 250 Tons SOUTHOLD TOWN: (written in words) Per Ton 2o0 (written in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton ***************************************************************************** HOT Mix ASPHALT CONCRETE,"Type 6 Top" 2X 250 - 500 Tons SOUTHOLD TOWN: (written in words) 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" 3X 500 - 1,000 Tons SOUTHOLD TOWN: (written in words) Per Ton (written in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton ! (written in numbers) Per Ton Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2012 HOT Mix ASPHALT CONCRETE, "Type 6 Top" 4X Over 1,000 Tons SOUTHOLD TOWN: (written in words) Per Ton K/L) 0 (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 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. Signature of Bidder: Business Address: Telephone Number: Date: Hot Mix Asphalt Concrete "Type 6 Top" 1. DESCRIPTION Item # 5 Calendar Year 2012 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 "Type 6 Top" Item # 5 Calendar Year 2012 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 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. [Iot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2012 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: o Hot Mix Asphalt Concrete "Type 6 Top" STATEMENT OF NON-COLLUSION Item # 5 Calendar Year 2012 (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 beliefi (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. Resolved that 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 C/~t//"z'"'--()'%/~6"tS/'~ D/~'~ (- P/~ of the ~me of signatory) ~ ~ ~fl~c V fro ~ Be authorized to sign and submit the bid ~me of Co¢oration) Hot Mix Asphalt Concrete "Type 6 Top" O: proposal of this corporation for the following Project: Item # 5 Calendar Year 2012 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_~ ~'/~rc'~a //3/Tt'~Li corporation at a meeting of the Board of Directors, held on the / o~ >'" day of /'~ fl/1 ~c ,20./T (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effecti. Won 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: 3. ~3. 6. 7. 8. Oil & Stone Liquid Asphalt Type 6 Top - Hot Mix Asphalt Concrete RC-250 Liquid Asphalt Oil & Recycled Stone Type II Micro-Surfacing 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, April 19, 2012, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the fight 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: March 27, 2012 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL 5, 2012, 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 Attomey 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 dulyswom, says that on the ~q dayof 0')a.~-cb1 ,2012, she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. 2012 Road Treatment Bids Southold Town Clerk Sworn before me this ~[qm4 day of }'~ P~ ~0._~ ,2012. Notary Public LYNDA M. NOTARY PUBLIC, State of New York No, Ot BO6020932 Qualified in Suffolk County Term Expires March 8, Hot Mix Asphalt Concrete "Type 6 Top" Item # 5 Calendar Year 2012 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 AFTER DELAYS WEATHER SHALL BE EACH HOURS TOWN BE RE- DUE TO OR JOB Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2012 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 "Type 6 Top" D. PUBLIC OPENING OF PROPOSALS Item # 5 Calendar Year 2012 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 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 "Type 6 Top" I TIME FOR EXECUTION OF CONTRACT Item # 5 Calendar Year 2012 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 "Type 6 Top" Item # 5 Calendar Year 2012 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 thc 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 &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 fi.om claims for property damage which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor, to by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: Public Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) for bodily injuries, including wrongful death to each person and subject to the same limit for each person in an amount not less that One Million Dollars. ($1,000,000.00) on account of each accident. Property Damage Insurance in an amount not less than One Million Dollars ($1,000,000.00) for damages on account of each accident and in an amount of not less than One Million Dollars ($1,000,000.00) for damages on account of all accidents. Liability and Property Damage Insurance: The above policies for Public Liability and Property Damage Insurance must be so written to include Contractor's Protective Liability and 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 2012 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 fumish the Owner with certificates of each insurer insuring the Contractor of any subcontractor under this Contract except with respect to part D. As listed above. In respect to this paragraph, the Contractor shall furnish the Owner with the original insurance policy. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limits of liability there under. Both the certificates and the policy shall be endorsed to provide the Owner with any notice of cancellation or non-renewal. Item # 5 Calendar Year 2012 Hot Mix Asphalt Concrete "Type 6 Top" DATE: h'f 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 2012 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" 2X 100 - 250 Tons SOUTHOLD TOWN: · (written in numbers) Per Ton FISHERS ISLAND: VArec/oJndr d (written in words) Per Ton (written in numbers) Per Ton ***************************************************************************** HOT Mix ASPHALT CONCRETE, "Type 6 Top" 2X 250 - 500 Tons SOUTHOLD TOWN: (wri~en in wdrds) 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" 3X 500 - 1,000 Tons SOUTHOLD TOWN: (written ~n words) Per Ton -73, so (written in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2012 HOT Mix ASPHALT CONCRETE, "Type 6 Top" 4X Over 1,000 Tons SOUTHOLD TOWN: (wri~en in ~v0rds~ Per Ton g'-/O.°° (written in numbers) Per Ton FISHERS ISLAND: Th hu, nd hsd (written in words) Per Ton BSO oo doll s (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. Signature of Bidder: Business Address: 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. Telephone Number: Date: Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2012 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 "Type 6 Top" Item # 5 Calendar Year 2012 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 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. Hot Mix Asphalt Concrete "Type 6 Top" Item # 5 Calendar Year 2012 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 2012 (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 beliefi (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. 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 ~'~\ C~/~'~C~-@\ C--ov"Ck~-~L.~cx.' (Name of signatory) (Name of Corporation) of the Be authorized to sign and submit the bid Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2012 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 ~_ff3v~O"L-~ ~! /~ corporation at a meeting of the Board of Directors, held on the I ~ day of t c c; \ ,20 o (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. 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: o 3. 5. 6. 7. 8. Oil & Stone Liquid Asphalt Type 6 Top - Hot Mix Asphalt Concrete RC-250 Liquid Asphalt Oil & Recycled Stone Type II Micro-Surfacing 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, April 19, 2012, 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: March 27, 2012 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL 5, 2012, 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" Item # 5 Calendar Year 2012 ITEM NO. S 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 }tot Mix Asphalt Concrete "Type 6 Top" Item # 5 Calendar Year 2012 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 "Type 6 Top" D. PUBLIC OPENING OF PROPOSALS Item # 5 Calendar Year 2012 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 "Type 6 Top" I TIME FOR EXECUTION OF CONTRACT Item # 5 Calendar Year 2012 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 "Type 6 Top" Item # 5 Calendar Year 2012 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 of each accident. Property Damage Insurance in an amount not less than One Million Dollars ($1,000,000.00) for damages on account of each accident and in an amount of not less than One Million Dollars ($1,000,000.00) for damages on account of all accidents. Liability and Property Damage Insurance: The above policies for Public Liability and Property Damage Insurance must be so written to include Contractor's Protective Liability and Property Damage insurance to protect the Contractor against claims arising from the operations of a subcontractor. The policies shall also name the Town of Southold as an additional insured. Owner's Protective Public Liability and Property Damage Insurance: The Contractor shall furnish to the Owner, with respect to the operations he or any of his subcontractors perform a regular Protective Public Liability Insurance Policy for, and in behalf of the Owner, providing Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2012 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 2012 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 ofthe contraCt, br 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 fumish 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 2012 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" 2X 100 - 250 Tons SOUTHOLD TOWN: FISHERS ISLAND: (written in woXrd~Per Ton (written in numbers) Per Ton (written ~s)~Per Ton (written in numbers) Per Ton ***************************************************************************** HOT Mix ASPHALT CONCRETE, "Type 6 Top" 2X 250 - 500 Tons SOUTHOLD TOWN: (written in words) 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" 3X 500 - 1,000 Tons SOUTHOLD TOWN: (written in words) Per Ton (written in numbers) Per Ton FISHERS ISLAND: (written in words) Per Ton (written in numbers) Per Ton Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2012 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 ~~ f99.r, a period of forty-five (45) days, the Town will accept or reject this~p~)sal or~utu~01~/e6~e.¢l~ay extend this time period. Signature of Bidder: Business Address: Telephone Number: Date: Hot Mix Asphalt Concrete "Type 6 Top" 1. DESCRIPTION Item # 5 Calendar Year 2012 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, driveway?, parking fieldS; street inte~g~Ctioris 0r'any other'areas requiring pavement wiithin Town righf-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 "Type 6 Top" Item # 5 Calendar Year 2012 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 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. Hot Mix Asphalt Concrete "Type 6 Top" Item # 5 Calendar Year 2012 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 2012 (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 beliefi (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 behalfi 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 '~ C~2>X~..~ ~V- {Name of signatory) {Name of Corporation) ofthe ~B(e 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 2012 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 l ~.3~_ day of ,20[3-. (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. CASHIER'S CHECK 1319 DATE 04/18/~[2 ~o.888~14 PA¥o~O0'~E~oFTOI,',II',~ OF SOUTHOLC' m $ ' i00.O8 DOLLARS ,'001,31, ci,* ':O;~!~O&~&?': ~00000000~¢~· CASHIER'S CHECK 2154 PAY TOTHE 'ii~l~,,l[,~ tj~-: :~i!;ijIH-I.[, 50-666/214 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A3'IO Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Suffolk Asphalt Corp. 30A North Dunton Avenue, Medford, NY 11763 as Principal, hereinalter called the Principal, and First National Insurance Company of America 1200 MacArthur Blvd., Mahwah, NJ 07430 a corporation duly organized under the laws of the State of WA as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold , , NY as Obligee, hereinafter called the Obligee, in the sum of One Hundred Dollars .......... Dollars ($ $100 dollars ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Type 6 Top Hot Mix Asphalt Concrete NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 18th day of April 2012 J/~u'- ~.~, ~ Suffolk Asphalt Corp. ~.~ /~- (PdncJpal) (Seal) / (Witness) First National Insurance Company of America (Surety) A~o~y4nJF~t T~as~.' Nil~nd ' (T~#e) AIA DOCUMENT A310 · BID BOND · A1A · FEBRUARY 1970 ED, · THE AMERICAN INSTITUTE O1,' ARCIHTECFS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK COUNTY OF O~/~/~dtE/<~DAY OF ,d~'./Z"/'/_ , 2012 BEFORE ME PERSONALLY CAME '/_r .;,w " ' l'"r¢ ,9/4. TO ME KNOWN, WHO BE1NG BY ME DULY SWORN, DID DEPOSE )z~D S.AY T.~HA_ T (S)HE RESIDES AT~'2Da A/, ~',THAT (S)HE IS THE t~'/-'? OF SUFFOLK ASPHALT CORP. bESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; AND THAT (S)HE SIGNED HIS/HER NAME THERETO BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION ACKNOWLEDGEMENT OF SURETY STATE OF NEW YORK COUNTY OF SUFFOLK DONNA SCHAEFER NOTARY ?UF~LtC, State of New No. ?!?" "'~ 03, Suffol! Couat'/ ON THE 18TH DAY OF APRIL 2012, BEFORE ME PERSONALLY CAME THOMAS M. NILAND TO ME KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY THAT (S)HE RESIDES AT LIDO BEACH, NY THAT (S)HE IS THE ATTORNEY IN FACT OF FIRST NATIONAL INSURANCE COMPANY OF AMERICA THE CORPORATION DESCRIBED 1N AND WHICH EXECUTED THE ABOVE INSTRUMENT; THAT (S)HE KNOWS THE SEAL OF SAID CORPORATION; THAT ONE OF THE SEALS AFFIXED TO THE FOREGOING INSTRUMENT IS SUCH SEAL; THAT IT WAS SO AFFIXED BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION; AND THAT (S)HE SIGNED HIS/HER NAME THERETO BY LIKE ORDER Notary Public THIS POWER OF ATI'ORNEY 18 NOT VALID UNLESS IT IS PRINTED ON REO BACKGROUNO. 500 ] ] · This Pm,et of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Certificate No. Find National Insurance Company of Amedca General Insurance Company of Amedca Sefeno Insurance Company of Amedca POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of Amedce, General Insurance Company of Amedca, and Sateco Insurance Company of Amedce ara corporaltone duly organized under the laws of the State of New Hampshire (herein collectively callnd the 'Companies'), pursuant to and by authod[y herein set forth, does hereby name, constitute and appoint, THOMAS M. NILAND, GAYE E. CONKLIN, JOHN E. HARDY, LiSA M. ME~ZGER ................................................................................................................. and deliver, te~ and on its behalf as surety and as its act and deed, any and all under[akings, bonds, recegnizances and other suraty obliga~ons, in pursuance of these pmcente and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the cecretery of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has bean suben~bed by an autho~zed officer or official of the Companies and the coq)orate seals of the Companies have been affixed therato this Sth day of taarch ., se~S . STATE OF WASHINGTON ss COUNTY OF KING First National Insurance Company of America General Insurance Company of America Safece Insurance Company of America Gregory W. Davenport, Assistant Secretary On this 5th day Of March , 2012 , befene me personally appeared Gregory W. Davenpo~ who acknowledged himself to be the Assistant Semetary of First National Insurance Company of America, General Insurance Company of Amedca, and Safeno rnsorance Company of America, and that he, as such, being autho~zed so to do, execute the foregoing insthdmont for the purposes therain contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subsct'teed my name and affixed my notarial seal at Seattle, Washington, on the day and year tirst above w~tton. ~is Power of Attorney is made and executed pursuant to and by authority of the following By-low and Authorizations of First National Insurance Company of Amedce, General Insurance Company of America, and Safoco Insurance Company of America, which are now in full force and effect reading as follows: ARTICLE IV - OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corpora~n to make execu e, seal, acknowledge and deliver as surety any and air undertekings, ponds, recognizances and other surety obligations. Such attomeys4n-fact, subject to the limitations set forlh in their raspe:five powers of attorney, shall have f~ll power to bind the Corporation by their signature and executed, such instmmente shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any ropracenta~e or attornay-in-fect under the provisions of this ariJcle may be revok~ at any time by the 8oard, the Chairman, the President or by the officer or officers granting such power or authority. Certificate of Designation - The President of the Company, acting pursuant te the Bytaws of the Company, authorizes Grngo~ W. Davenport, Assistant Secretary to appoint such attorneys-in-fact as may be necessary te act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bends, recognizances and other surety obligations. -- Authorization - By unanimous consent of the Company's Beard of Directors, the Company concerris that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a ceaffed copy of any power of attorney issued by the Company in cormecffen with surety bonds, shall he valid and biding upon the Company with the same force and effect as though manually affixed. I, David M. Carny, the undemigned, Ausistent Secretary, of First National Insurance Company of Amedca, General Insurance Company of Arnedce, and Sefaco Insurance Company of Amedce do hereby certi;y that the original power of attorney of which the famgoing is a fall above and foregoing is a thre and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. INTESTIMONYWHEREOF, IhavahereuntoeatmyhandandaffixedthecealsofseidCompanieathis dayof~PR ] ~ 2,0[~ David M. Carey, Assistant Secreta~ POA - FNICA, GICA & SICA LM8_12874_012012 - 3 Company Liberty Mutu il FIRST NATIONAL INSURANCE COMPANY OF AMERICA FINANCIAL STATEMENT-- DECEMBER 31, 2010 Assets Cash and Bank Deposits ......................................... $ 7,613,079 *Bonds -- U.S Government ..................................... 47,754,630 *Other Bonds ............................................................ 97,685,752 *Stocks ..................................................................... 12,430 Real Estate .............................................................. 0 Agents' Balances or Uncollected Premiums ........... 26,041,807 Accrued Interest and Rents ..................................... 1,344,284 Other Admitted Assets ............................................ 25,849,842 Total Admitted Assets ..................................... g206.301.824 Liabilities Uneamed Premiums ................................................ $ 38,825,262 Reserve for Claims and Claims Expense ................. 87,389,780 Funds Held Under Reinsurance Treaties ................. 0 Reserve for Dividends to Policyholders .................. 7,499 Additional Statutory Reserve .................................. 0 Reserve for Commissions, Taxes and Other Liabilities ................................................ 34,053,970 Total ............................................................. 160,276,511 Special Surplus Funds ................. $ 1,014,134 Capital Stock ............................... 5,000,000 Paid in Surplus ............................ 581,836 Unassigned Suqalus .....................39,429,343 Surplus to Policyholders ............................... 46~025~313 Total Liabilities and Surplus ................................ $206.301.824 ~oaPOear~ SEAL * Bonds are stated at amortized or investment value; Stocks at Association Market Values. The foregoing financial information is taken from First National Insurance Company of America's financial statement filed with the state of Washington Department of Insurance. l, TIM MIKOLAJEWSKI, Vice-President of First National Insurance Company of America, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2010, to the best of my knowledge and beliel~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 29th day of March, 201 I. Vice-President BID BOND Travelers Casualty and Surety Company of America Hartford, CT 06183 CONTRACTOR: (Name, legal status and address) Rosemar Construction, Inc. 56 Pine Street East Moriches, NY 11940 OWNER: (Name, legal status and address) Town of Southold 53095 Main Road Southold, NY 11971 ROND AMOUNT: One hundred dollars. ($100.00) PROJECT: (Name, location or address, and Project number, if any) Type 6 Top-Hot mix asphalt concrete SURETY: (Name, legal status and principal place of business) Travelers CasualW and Surety Company of America 343 Thornall Street, 5th fl. Edison, NJ 08837 The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a ContTactor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310, 20t 0 edition 1 Signed and sealed this 17th day of April 2012 . Rosema , In rinci~al) ~ (Seal) Attorney-In-Fact (Title) The Company executing this bond vouches that this 0ocument conforms to American Institute of Architects Document A310, 2010 ~lition 2 TRAVELER '" ' WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company FideliW and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Cnmpany St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorne.~-ln Fact No 224734 Certificate No. 004735975 KNOW Al.l. MEN BY THESE PRESENTS: That St, Paul Fire and Marine insurance Company, St. Paul Guardian insurance Company and St. Paul Me,fury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut. that United States Fidelity and Guaranty Company is a corporation duly organized under thc laws of the State of Maryhmd, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa. and that Fidelity and Guaranty Insurancc Unde~wrders. inc, is a corporation duly organized under Ihe laws of the Slate of Wisconsin (herein collectively called the "Companies"). and thai the Companies do hereby make, constitute and appoinl Lisa M. Brady, and Susan Forman of the City of New York State of New York their true and lawful Altorney(s) in-Fact, each in their separate capacity if more than one is named above, to sign, execule, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of gum'anteeing the fide]ky of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pernfitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF. the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this d 3 ) February 2012 16th Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Conneclicut By: ,/~o~~ City {i ' Hartf~lrd ss. ~Gem gc~J Thompson,' 'Tho~~ityicc President ~ On this the 16th February 2012 day ol . before me personally appeared George W. Thonrpson, who acknowledged himself to be the Senior Vice President of Fanrpngton Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. lnc, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelezs Casualty and Surety Company of Atnerica, and United Slales Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing inslrument £or the purposes therein conlained by signing on behalf of Ihe corporations by himself as a duly authorized officen In Witness Whereof, I hereunto set m~ hand and otticial seal. My Commission expires the 30th day ol June 2Bl6 58440-6-11Printed in U.S.A. WARNING: THIS POWER OF A~q'ORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF A~q'ORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the l~llowing resolutions adopted by the Boards of Directors of FarmJngton Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian h~surance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company. which resolutions arc now in full tBrce and effect, reading as follows: RESOLVED. that the Chaimran, the President, any Vice Chairman. any Executive Vice President. any Senior Vice President. any Vice President~ any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Anorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President. any Vice Chairman. any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any pan of the foregoing authority to one or more officers or employees of this Company. provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED. that any bond, recognizance, cgntract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President. any Vice Chairman, any Executive Vice President. any Senior Vice President or any Vice President, any Second Vice President. the Treasurer. any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal. if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, troy Senior Vice Presidem, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys in Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile sea] shall be valid and binding on die Company in the future with respect to any bond or understanding to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casuahy and Surety Company, Travelers Casualty and Surety Company of Amefica, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a tree and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed the seals of said Companies this / ! day of ~ Kevin E. Hughes, Assistant Sectary To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ASSETS Acknowledgment of Corporation STATE OF NEW YORK COUNTY OF On the IL ~. day of A¢r';~ in the year z~x~ before me personally came t~ ~-~ e~,. t.~.,, to me known, who, being by me duly sworn, did depose and say that he/she/they reside(s) in g--LA ~.t :~-~'~t, ~'1 (if the place of residence is in a city, include the street and street number, if any, thereof); that he/she/they is (are) the ?r~/.~ *2t~. 'c (president or other officer or director or attomey in fact duly appointed) of the It.~ ~x..~.t ,- c~..., ~t~.._.~.-._ (name of corporation), the corporation described in and which executed the above instrument; and that he/she/they signed his/her/their name(s) thereto by authority of the board of directors of said corporation. Printed Name: My Commission Expires: Acknowledgment of Surety STATE OF NEW YORK COUNTY OF NEW YORK On the 17th day of April in the year 2012 before me personally came Susan Forman to me known, who, being by me duly sworn, did depose and say that she resides in Monroe, NY that she is the Attorney-In-Fact of the Travelers Casualty and Surety Company of America, the corporation described in and which executed the above instrument; and that she signed her name thereto by authority of the board of directors of said corporation. Notary Public Printed Name: Lisa M. Brady My Commission Expires: LISAM BRADY Notary Public, Stere of New York No. 5000904 Oua ified in Columbia County Commission Expires August 24, 20 LEGALNOTICE 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: 3. 5. 6. 7. 8. Oil & Stone Liquid Asphalt Type 6 Top - Hot Mix Asphalt Concrete RC-250 Liquid Asphalt Oil & Recycled Stone Type II Micro-Surfacing 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 eheek~ 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, April 19, 2012, 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: March 27, 2012 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL 5, 2012, 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 dulyswom, says that on the ~q dayof ['Y)o_~c._¼ ,2012, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. 2012 Road Treatment Bids Southold Town Clerk Sworn before me this e~q'~ day of t0q P, ~c~.~ ,2012. Notary Public LYNDA M. NOTARY PUBLIC, State of N~w York No. 01 BO6020933 Qualified in Suffolk Counlv Term Expires March 8, 20 [_~,~ Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2012 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 RESIDENTAT LEAST 24 HOURS PRIOR TOANY WORK ON TOWN ROADS. RESIDENTS MUSTBE RE- NOTIFIED AFTER DELAYS DUE TO INCLEMENT WEATHER OR JOB OPERATIONS. Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2012 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 2012 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 2012 I TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will' be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall, be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. PREVAILING WAGE RATES The New York State Department of Labor's Prevailing Wage Rate Schedules are part of this Contract. The Contractor is responsible for being familiar with the latest available schedules. Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2012 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 LiabiliW Insurance in an amount of not less than One Million Dollars ($1,000,000.00) for bodily injuries, including wrongful death to each person and subject to the same limit for each person in an amount not less that One Million Dollars. ($1,000,000.00) on account of each accident. Property Damage Insurance in an amount not less than One Million Dollars ($1,000,000.00) for damages on account of each accident and in an amount of not less than One Million Dollars ($1,000,000.00) for damages on account of all accidents. Liability and Property Damage Insurance: The above policies for Public Liability and Property Damage Insurance must be so written to include Contractor's Protective Liability and 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 "Type 6 Top" Item # 5 Calendar Year 2012 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 2012 DATE: PROPOSAL FORM 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 tYaud, 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 2012 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" 2X 100 - 250 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 ***************************************************************************** HOT Mix ASPHALT CONCRETE,"Type 6 Top" 2X 250 - 500 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" 3X 500 - 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 Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2012 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 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. Signature of Bidder: Business Address: Telephone Number: Date: Hot Mix Asphalt Concrete Item # 5 "Type 6 Top" Calendar Year 2012 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 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 "Type 6 Top" Item # 5 Calendar Year 2012 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 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. Hot Mix Asphalt Concrete "Type 6 Top" Item # 5 Calendar Year 2012 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 fumishing 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 2012 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: (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. 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 of the (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 2012 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 B 7 Southold Town Board - Letter Board Meeting of March 27, 2012 RESOLUTION 2012-273 ADOPTED Item # 5.19 DOC ID: 7725 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-273 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTItOLD TOWN BOARD ON MARCH 27, 2012: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for various road treatment bids for the calendar year 2012. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Dohert3t, Krupski Jr., Evans, Russell Generated March 28, 2012 Page 32