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Home My WebLink AboutRC-2 & MC-2 Asphalt Road Materials AGREEMENT made this 19th day of April 1988, between PAUL CORAZZINI 8 SONS INC. with its principal office and place of business at Route 25, Greenport, New York , hereinafter called the Contractor, and the TOWN OF SOUTHOLD, a municipal corporation of the State of New York with offices at 53095 Main Road, Southold, Suffolk County, New York, hereinafter called the Town. WITNESSETH, that the Contractor has agreed to provide all necessary labor, materials, equipment and incidentals required to furnish and apply 150,000 gallons, more or less as may be needed, of Grades RC-2 and MC-2 Asphalt Road Materials for the Town of Southold for $ 1 .24 per gallon. This contract shall be for a period of one (1) year from the 2nd day of June 1988. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF U O D By ci y, upervisor CONTR TOR By Paul Corazzini STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On the day of ,1988, before me personally came Paul Corazzini to me know, who being by me duly sworn, did depose and say that he resides at 33 Madison Street, Greenport, New York , and that he is the President of Paul Corazzini 8 Sons Inc. , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. 204 No ary Publ c ELRABETH ANN NEVILLE Notary Public,State of New York No. 52-812585o,Suffolk C,� STATE OF NEW YORK) TerrnxpiresOctober35, 1°.TM ss: COUNTY OF SUFFOLK) On the 22nd of April 1988, before me personally came Francis J. Murphy, to me known, who, being by me duly sworn, did depose and say that he resides at Country Club Drive, Cutchogue, N.Y. that he is the Supervisor of the TOWN OF SOUTHOLD, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Town Board of said corporation, and that he signed his name thereto by like order. Notary Public .lUD"T.TEft W Notwy rk No.52-003449963 of NOWYb Qual fled in Suffolk commission Expka May 3t,f9 y • ! Bond No 3012 61 82 Fidelityd DepoSit Company an HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 Performance Bond # 3012 61 82 KNOW ALL MEN BY THESE PRESENTS: That.----_--_Paul Corazzini- & Sons, Inc. -- -- -- ----------------------------------------------------------------------------------------------- (Here insert the name and address or legal title of the Contractor) ------------- 33 Mads so _.Streets---Greenport,--.New__York--- 14"--------------- -------------------------- as Principal, hereinafter called Contractor, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety, hereinafter called Surety, are held and firmly bound unto-----------------_--------------------------------------------------------------.------- --------------TOwS ---Of---SQUthold,---New__Yorks--------------------------------- ---------------------------------------- -------------- , (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of------------One_.Hundred-._Eighty---Six--Thousand--_and---no1100........-.................. Dollars (S--186,000-tOO----------------------), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated------------------.._-_---------------------------------------- ---19-.--._._, entered into a contract with Oyvner for_-- _Fu1"1 ish__and---apply-_.-liquid__asphalt ---------- --------------------------------------- ------- ------------------------------------------------------------- ----------- ..... ------------------------ ------------- in accordance with drawings and specifications prepared by----------_----------------------------------------------------------------------_- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (Here insert full name,title and address) which contract is by,xeference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and condi- tions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this para- graph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. 88 Signed and sealed this---------------------2rid---------------------- ------------day of---- -------M8y-------------------- ------A.D. 19---- In the presence of: PAUL CORAZZINI & SONS, INC. - --------------------------------------------- -------------- (SEAL) - - Principal c - �-- ----------- ------- Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND -------------------------------------------------------------- ---------------------- By--- ----- --- --------------------------------- ---(SEAL) R ert G. ynan Title Attorney-in-fact C309f— ADproved by The American Institute of Architects,A.I.a.Document No.A311 February 1970 Edition. Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE Performance Bond No..................................... ----------------------•--------- ON BEHALF OF ---------------------------------------------------------------- TO ---------------------------------------------------------------- ---------------------------------------------------------------- ----------------------------------------- - -- - - , ALTI, OF '----------- tip. Cot ----------------- Cot Nt� OF ---------- On this ----- ------------------------------—3----- ---......---------------- (Jay of'................... ------------19-4:53( before me personally appeared -- -- ---------- --•- - ----------------------------- ----------------------------- ------- ------------------------------------- ---------------- ---------------- with whom I am personally acquainted, eing by me duly sworn,did depose and say: �' --Ihat he is the-,--4; That he resides at--?�?. ---------- ---------------- of the------- ------- -------------------------- "r OZO'a?,n Xa�ndw ,�ex,,,,�td�he`�foregoing instrument; that he knows the corporate seal of said corporation; the corporation described that the seal thereto affixed is such corporate seal; that it is so affixed by order of the Board of Directors, and that he signed his name thereto by like order. ........ . ..... ........ - ..------------------------ T TERM Not Public *WY MS Of Now Yft County o.524)344983 BR(112)23-2500,8-85 222747 *Wftn Suft& CWhihiSSian UPWW=3111, jk� STATE OF NEW YORK ? as `` COUNTY OF --------------------------N ---s-----------au-------------- 1 SS: New York CITYOF---------------------------------------------------------------- 1988 On this v< - day of..................- ........ ......... in the year --........ ,before me per- sonally came ..................R he..rt.,__G,......Tynan.................................--.-_-_--._--.-....._.`!....to me known,who,being by me duly sworn,did depose and say,that he resided in the City of............... Garden City, New York Garden :that he was the Attorney-in-Fact of the Fidelity and Deposit Company of Maryland, the corporation named in and which executed the within instrument; that he knew the seal of said corportion; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. And that the liabilities of said Company do not exceed its assets as ascertained in the manner provided in Section 183 of the Insurance Law, constituting Chapter 33, of the Consolidated Laws of the State of New York. EDITH V. pIJTLAND J- NOTARY PUBLIC. Stare of New York- .. ._ No `��..!7q�n r .--.-...-.. .�.. F r ``6�J Notary Public County . au County Coznm"Mion Expires RR(93)94— JAN, 3 1 1990 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article;VI, Section 2,.of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be 1111411 force and bffect on the date hereof, does hereby nominate, constitute and appoint William F. Tynan, III and Robert G, Tynan, both of Garden City, New York, EACH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . is MW and lawful agent and Attorney-in-Fact,to make,execute;seal and deltwer,for,and on its behalf as sure any and all bonds and undertakings ty,andasitsactanddeed: And the execution of such bonds or undertakings in pursuance 9t these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if dl'y,:had been dtall ,executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md-- in'their owu p iper persons. This power of attorney revokes that issued on behalf of Wil .am F. T..ynatn III, etal, dated, August 10, 1983. The said Assistant Secretary does hereby 11 certify that*,,*xtract set forth on the reverse side hereof is a true copy of Article VI, n Section 2, of the By-Laws of said Co" and Is An force. IN WITNESS WHEREOF,the sattk*ice-President and"Assistant Secretary have hereunto subscribed their names and affixed the Corporate Searie f the said FIDELITY AND DFPEIS T COMPANY OF MARYLAND, this 8 h _ _ _da A.D. 19 87 _ _ y of FIDELITY AID DEPOSIT COMPANY OF MARYLAND ATTEST: `SEAL ._._._.._......_ _ B ---------------------------------- y---.---------------- - __ Assistant Secretary Vice-President STATE OF MARYLAND , CITY OF BALTIMORE �` On this 8th day of June A.D. 19 $7 , before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the da and year first above written. y AXE-?, °�•"�'�r Notary Public Commi Ion xpires Ju1_y 1 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice- Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1%9. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid u and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONYREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this day of , 19-2� 093-2764 Assistant Secretary EXTRACT FROMIBY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article Vl.,Secti n 2.The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice- Presidents or Vice-presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by andwith he concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice;1 ents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and as ignments of judgements, decrees, mortgages and instruments in the nature of mortgages,. . .and to affix the seal of the Compan thereto." L1428b 1.14114W'A S1-15M.2-88°98132 FIDELITY AND DEPOSIT COMPANY OF MARYLAND Statement of Financial Condition AS OF DECEMBER 31, 1987 The U0 Companies ASSETS *Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 210,403,952 *Stocks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162,726,061 Real Estate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,376,967 Cash in Banks and Offices and Short Term Investments. . . . . . . . . . . . . . . . . . . . . . 5,411,816 Premiums in Course of Collection (less than 90 days old). . . . . . . . . . . . . . . . . . . 5,329,425 Reinsurance and Other Accounts Receivable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15,357,467 TOTAL ADMITTED ASSETS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 402,605,688 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 129,563,969 Reserve for Claims and Claim Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87,737,386 Reserve for Taxes and Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8,068,960 Miscellaneous Reserves and other Liabilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12,431,559 TOTAL LIABILITIES....... ............ .......... . .. . ........ ... .... ................ $ 237,801,874 Capital Stock, Paid Up. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 Surplus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159,803,814 Surplus as Regards Policyholders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164,803,814 TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 402,605,688 Securities carried at $6,490,826. in the above statement are deposited as required by law. *Securities carried on basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 1987 market quotations for all bonds and stocks owned, this Company's total admitted assets would be $404,907,250. and surplus as regards policyholders $167,105,376. I, WILLIAM R. Amos, Treasurer of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company, on the 31st day of December, 1987, according to the best of my information, knowledge and belief. William R. Amos --------------------------------------------------------- Treasurer STATE OF MARYLAND CITY OF BALTIMORE SS: Subscribed and sworn to, before me, a Notary Public of the State of Maryland in the City of Baltimore, this 31st day of January, 1988. Mary J. McCombs Notarial ------------------------- --------- -- ------- Seal Nottaryart' Public My commission expires July 1, 1990. Bond No.....3012---61 82 Fidelityd Deposit Can HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 Labor and Material Payment Bond # 3012 61 82 Note: This bond is issued simultaneously with Performance Bond in favor of the owner conditioned on the full and faithful performance of the contract. KNOW ALL MEN BY THESE PRESENTS: That.------Pays'---COrazzin .__&__SOnS-s---Inc------------ ----- ----------------------------------- _ ---_----------------- ------------- (Here insert Ghe name and addr r al title the nt 33--MadisonStreetreenpor ,. ewOri � 4 ------------------.---_-----__------...__--- -- ---------------- _ __ .__ as'Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety, hereinafter called Surety, are held and firml bound unto__-__-_--.-___----.---_--------------_-_-_-_-_.--.-_----.--__.-----__._--- Town of Southold, New York ------------------------------------------- ---- (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of-----Ona--Hundred...Ejghty---Six_. ____.-------.------------------- --------------------------------------------------------------------------- --------- -------------------- ---------------------------------------------- -------------------------- 186 000.00 (Here insert a sum equal to at least one-half of the contract price) Dollars ( -----...._- -------_------.---- ---------------), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated--------------- ---- -------------------------------------------------19......... entered into a contract with Owner for. Furnish and apply__li__q - ---asphalt----------------------- uid ------------- -------------- --------------------- ----- - -- -- --- ---- - -- ------ - - - -- - --------------- ------------------.--------------------------------------- -------------------------------------------------------------- -- ---- - ----- -------- --- - --- -- - ---- -------------------- in accordance with drawings and specifications prepared by_----------- -------------------------____ ---------------------.------------- -_ ------------------------------------------------- -- ----- --- --------- ----- ---- - -------------------------------------------- ------------------------ (Here insert full name,title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make pay- ment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void;otherwise it shall remain in full force and effect,subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a sub-contractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that part of water,gas, power, light,heat,oil,gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant,other than one having a direct contract with the Principal, shall have given written notice to any two of the following:The Principal, the Owner,or the Surety above named,within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid,in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly main- tained for the transaction of business,or served in any manner in which legal process may be served in the state in which the aforesaid project is located,save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood,however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project,or any part thereof,is situated,or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith here- under, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement,whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this------ ...... -------------2114------------------- ---day of--------------- May A.D. 19...88 In the presence of: Ate, CORAZZINI & SONS INC- ------------ ---- ----- ----------------------------,---------------------(SEAL) Principal Gr --------------------- . ./ - - -- ------- itle FIDELITY AND DEPOSIT COMPANY OF MARYLAND By#ert - ------ ------------- ----(SEAL) Roo Tynan Title Attorney-in-fact C309e.q— Approved by The American Institute of Architects,A.I.A.Document No.A311 February 1970 Edition. Fidelity and Deposit Company NOME OFFICE OF MARYLAND BALTIMORE Labor and Material Payment Bond • No------------------------------------- $-----•-------------------------- ON BEHALF OF ---------------------------------------------------------------- TO -------------------------------------- ------------------------- ------ --------------------------------------------------------------- r STATE: OF -(%?��.C�.V.................. .--------"-'----� ss: COU-NTY OF- ...... .. .. ....---------------- On this --------_------- -—-- = day of � yz/ -- -------19f o-., before me personally appeared �Ga4 l..-. ......-- ' ... --- -- --------........... , ---------- --- ---------------- ------------ .......- ein with whom 1 am personally uainte e duly sworndid depose and say: v /�� _ That he resides a .... . i -' j. /PY---that he is the-tom .. . - of the-..... (VV/ the corporation described in and whit e .cuted the foregoing instrument; that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate seal; that it is so affixed by order of the Board of Directors, and that he signed his name thereto by like order. --------- _�- '�Notar3,blit,St' of NOW Valk lic No.52-0344859 County Co BR(112)23-2500,8-85 222747 QbRl�ission xllfwd in Suffolky31, Expires hA�t St,T STATE OF NEW YORK COUNTY OF Nassau -- j ss: CITY OF-------- New York ................................... Onthis ....... .................... -------------------------------day of.--- t pp ---..-.-...-....- in the yeaat�.8 ---- ,before me per- sonally came .................ROb2rt G.,...Tynan " to me known,who,being b me duly sworn di depose and say,that he resided in the City of.......................G'a'rden Cl ty New York h y y d ..........................................:that he was the Attorney-in-Fact of the Fidelity and Deposit Company of Maryland, the corporation named in and which executed the within instrument; that he knew the seal of said corportion; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. And that the liabilities of said Company do not exceed its assets as ascertained in the manner provided in Section 183 of the Insurance Law, constituting Chapter 33, of the Consolidated Laws of the State of New York. EDITH M. PUTLAND NOTARY PULi,IC. State of New York No. 30-4789875 uatifiec? in Idasrau County Notary Public Commission ExDizes Issas-X@@, ice county BR(93)94— JAN. 3 1 toga r - • i Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be us`fttft force and ect on the date hereof, does hereby nominate, constitute and appoint William F. Tynan, III and Robert G Tynan, both of Garden City, New York, EACH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . true and lawful agent and Attorney-in-Fact,to make,execto,=seal and deU-eX,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings . . . . . . . . . . . . . . . . . . . . . . MU-We execution of such bonds or undertakmga i- ptu•suanceof these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if tho.'.bad been duly;executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md , m;their own ptoper persons. This power of attorney revokes that issued on behalf of Wil.'- . F. T;yri4 III, etal, dated, August 10, 1983. The said Assistant Secretary does hely certify that tlte;`eittract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said CQi y, and is<sq m force. IN WITNESS WHEREOF,the sait'.viee-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Searie f the said FIDELITY$7 _ D Dl�l i COMPANY OF MARYLAND, this 8th ---_______ day of A.D. 19, FIDELITY` 1D DEPOSIT COMPANY OF MARYLAND ATTEST: �SEAI --`--------------'.. ----� `-'`'`:�,----------- By----------------------- e --` '------------------- Assistant Secretary Vice-President STATE OF MARYLAND CITY OF BALTIMORE On this 8th day of June , A.D. 19 87 , before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. "OVARY'%*.. V, �o •; - i•`:.�. o.:'+i Notary Public Commi ton xpiresJuly 1 - 1990_____ CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice- Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1%9. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY REOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this -� day of , 19j?-y J, 093-2764 Assistant Secretary 1I45LITS N45M.2-88 2281.52 FIDELITY AND DEPOSIT COMPANY OF MARYLAND Statement of Financial Condition AS OF DECEMBER 31, 1987 The U0 Companies ASSETS *Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 210,403,952 *Stocks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162,726,061 Real Estate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,376,967 Cash in Banks and Offices and Short Term Investments. . . . . . . . . . . . . . . . . . . . . . 5,411,816 Premiums in Course of Collection (less than 90 days old). . . . . . . . . . . . . . . . . . . . . 5,329,425 Reinsurance and Other Accounts Receivable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15,357,467 TOTAL ADMITTED ASSETS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 402,605,688 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 129,563,969 Reserve for Claims and Claim Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87,737,386 Reserve for Taxes and Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8,068,960 Miscellaneous Reserves and other Liabilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12,431,559 TOTAL LIABILITIES.................. ... .... ....... ....... .... . .................... $ 237,801,874 Capital Stock, Paid Up. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 Surplus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159,803,814 Surplus as Regards Policyholders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164,803,814 TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 402,605,688 Securities carried at $6,490,826. in the above statement are deposited as required by law. *Securities carried on basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 1987 market quotations for all bonds and stocks owned, this Company's total admitted assets would be $404,907,250. and surplus as regards policyholders $167,105,376. I, WILLIAM R. Amos, Treasurer of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company, on the 31st day of December, 1987, according to the best of my information, knowledge and belief. William R. Amos --------------------------------------------------------- Treasurer STATE OF MARYLAND CITY OF BALTIMORE SS: Subscribed and sworn to, before me, a Notary Public of the State of Maryland in the City of Baltimore, this 31st day of January, 1988. Mary J. McCombs Notarial --------------------------------- ------ Sea] Notary Public My commission expires July 1, 1990. cn kTown Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR OFF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 21, 1988 Paul Corazzini, President Paul Corazzini S Sons Inc. P. O. Box 36 Greenport, New York 11944 Dear Paul: The Southold Town Board, at their regular meeting held on April 19, 1988, accepted your bid in the amount of $1 .24 per gallon for deliver- ing and applying 150,000 gallons, more or less as may be needed, of Grades RC-2 and MC-2 Asphalt Road Materials. In accordance with the Specifications, upon receipt of a Labor and Material Payment Bond, and a Performance Bond for the faithful performance of the contract, each in the amount of $186,000, and the execution of the contract agreement, your $3,720.00 bid deposit check will be returned to you. Very truly yours, A A(�- Judith T. Terry Southold Town Clerk cc: Supt. of Hwys. Jacobs 0 F01Kc0� o Town Hall, 53095 Main Road �+0 • P.O. Box 1179 Southold, New York 11971 JUDITH T.TERRY 1 TELEPHONE 'TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 19, 1988: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Paul Corazzini S Sons Inc. , in the amount of $1 .24 per gallon, for delivering and applying 150,000 gallons, more or less as may be needed, of Grades RC-2 and MC-2 Asphalt Road Materials; and be it further RESOLVED that Supervisor Francis J. Murphy be and he hereby is auth- orized and directed to execute a contract between Paul Corazzini & Sons Inc. and the Town of Southold to provide all the necessary labor, materials, equipment and incidentals required to furnish and apply 150,000 gallons, more or less as may be needed, of Grades RC-2 and MC-2 Asphalt Road Materials for the Town of Southold for $1 .24 per gallon, for a period one (1) year from the 2nd day of June, 1988. Judith 'T. ge,ry Southold Town Cler April 21 , 1988 BID FORM FOR ASPHALT ROAD MATERIALS FOR DELIVERY TO THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK ITEM NO. 1 TO THE TOWN BOARD TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 1. The undersigned hereby proposes to furnish and apply 150,000 gallons, more or less as may be needed, of Grades RC-2 and MC-2 Asphalt Road Materials to the Town of Southold, Suffolk County, New York, all in accordance with the Specifications of the Superintendent of Highways of said Town dated March 22, 1988. A. Delivered to the Town of Southold and applied /, A y per gallon. 2. The undersigned further states that the location, type and capacity of the storage facilities in the Town of Southold are as follows: A. Type of Storage Facilities_ ��,f'Gc� B. Location of Storage Facilities C. Capacity of Storage Facilities yin 00 0 Z jr,,, S 3. The undersigned further states that the type, capacity and number of heated tank trucks and transports that he will utilize are as follows: �:;rw 2 12ASTr1L�'� G ✓S 4. In submitting this bid the undersigned declares that he is or they are the only person or persons interested in the said bid and that it is made without any connection with any person making another bid for the same contract. The under- signed further declares that he has or they have carefully examined the specifications and this form of bid and has or have satisfied himself or themselves as to all the terms and conditions and understand that in signing this proposal he or they waive all right to pead any misunderstanding regarding the same. 5. Accompanying this proposal is cash, a bank check or certified check in the amount of $ 3 7,� p. In case this proposal shall be accepted by the Town of Southold, and the undersigned shall fail to execute the contract and in all respects comply with the sr)ecifications and this form of bid, the moneys represented by such cash or check shah be regarded as liquidated damages and shall be forfeited and become the property of the Town of Southold; otherwise to be returned to the bidder as provided in the above said provisions. 6. On acceptance of this bid the undersigned does or do hereby bind himself or themselves to enter into a written contract within ten days of the date of notice of theaward of the bidwith the said Town of Southold, and to comply in all respects with the provisions of the specifications in relation to the security for the faithful performance of the terms of said contract. 7. In submitting this bid the undersigned understands that the Town of Southold will only pay for such road materials as actually ordered and used in any calendar year. DATED: 1988. Legal name of pe n, arm or corporation B Y The P. O. Address of the Bidder is: Jia '419X Street rTr z G f, -44City, State, Zip -2- • e IF A CORPORATION NAME ADDRESS President 33 ��-1 12 h, C-W 4111 A' 49 1� �;��-.;_Z �s-h i Secretary/ �,��,z az �,,t�t x-,of Treasurer IF A FIRM NAME OF MEMBERS ADDRESS -3- BIDDER'S CERTIFICATE This is to certify that the undersigned proposes to furnish asphalt ltsa Cutback RC-250 & MC-250 which will comply with the require• meets for the State of New York item 702-12 & 702-22 . -- SU asphalt product Cutbacks are manufactured by Peckham Industries , Inc. whose plant is located at Union Street Athens NY Street City StUe The plant has a capacity of 20, 000 gallons per 8 hour day and has regularly manufactured asphaltic Cutbacks for the past 3 years. The specific source of the asphaltic base is selected domestic crude If we receive an award of order or contract on any of the items bid upons we will begin delivery of asphaltic. __ cutbacks within 24 hours of notice of delivery. We agree to furnish asphaltic cutbacks at the rate ordered by the Town. to a maximum rate of 10 , 000 gallons per 8 hour day. company By 5 0 ficial-Title Date This is to certify/ that Peckham Industries , Inc. Name of bidder) Union Street Athens NY Street City State Is an authorized supplier and is capable of making deliveries in compliance with the above certificate. Peckham Industries , Inc. (Name of rranu acturer By kWtl � �E e RFS�o Er►-�- Date 3-22-88 l BIDDER'S CERTIFICATE FOR ASPHALT CUTBACK This is to certify that the undersigned proposed to furnish Cutback Asphalt which will comply with the requirements for type AVj4Grade .Z 3-z:> The Cutback Asphalt is manufactured by whose plant is located at �Li' n s Al�,/ The plant has a- capacity of gp pe n gallons per 8 hour day and has regularly manufactured Cut Back Asphalt for the past 3 years. The specific source of the Asphaltic Base is selected Gulf Coast and Venezuelian Crudes. If we receive an award of order or contract on any of the item(s) bid upon we will begin delivery of Cutback Asphalt within aie hours of notice to deliver. We agree to furnish Cutback Asphalt at the rate ordered to maximum rate of gallons per 8 hour day. _ 7 ,(ys 1, SB.y.S any BY �y S Official Title Date: If the bidder is an authorized agent of the manufacturer, the following authorization must be executed by the manufacturer: This is to certify that Name of Bidder Street City S Zone No. State Zip Code is our authorized agent and is capable of making deliveries in compliance with the above certificate. Name of Manufacturer BY: Official Title Date: NON-COLLUSIVE BIDDING CERTIFICATE BY SUBMISSION OF THIS BID OR PROPOSAL, THE BIDDER CERTIFIES THAT: (a) THIS BID OR PROPOSAL HAS BEEN INDEPENDENTLY ARRIVED AT WITHOUT COLLUSION : (b) THIS BID OR PROPOSAL HAS NOT BEEN KNOWINGLY DISCLOSED, PRIOR TO THE OPENING OF BIDS OR PROPOSALS FOR THIS PROJECT, TO ANY OTHER BIDDER, COMPETITOR OR POTENTIAL COMPETITOR: (c) NO ATTEMPT HAS OR WILL BE MADE TO INDUCE ANY OTHER PERSON, PARTNERSHIP OR CORPORATION TO SUBMIT OR NOT TO SUBMIT A BID OR PROPOSAL: (d) THE PERSON SIGNING THE BID OR PROPOSAL CERTIFIES THAT HE HAS FULLY INFORMED HIMSELF REGARD- ING THE ACCURACY OF THE STATEMENTS CONTAINED IN THIS CERTIFICATION AND UNDER THE PENALTIES OF PERJURY AFFIRMS THE TRUTH THEREOF, SUCH PENALTIE BEING APPLICABLE TO THE BIDDER AS WELL AS TO THE PERSON SIGNING IN ITS BEHALF: (e) THAT ATTACHED HERETO (IF A CORPORATE BIDDER) IS A CERTIFIED COPY OF THE RESOLUTION AUTHORIZING THE EXECUTION OF THE CERTIFICATE BY THE SIGNATOR OF THIS BID OR PROPOSAL IN BEHALF OF THE CORPORATE BIDDER. RESOLVED THAT : z 2 Yt t No�f Officer AUTHORIZED TO SIGN AND SUBMIT THE BID OR PROPOSAL OF THIS CORPORATION FOR THE FOLLOWING PROJECT: L d vk ,� 'C eY s4e a;64,0/,d/ Described Project AND TO INCLUDE IN SUCH BID OR PROPOSAL THE CERTIFICATE AS TO NON- COLLUSION REQUIRED BY SECTION 103-d OF THE GENERAL MUNICIPAL LAW AS THE ACT AND DEED OF SUCH CORPORATION AND FOR ANY INACCURACIES OR MISSTATEMENTS IN SUCH CERTIFICATE THIS CORPORATE BIDDER SHALL BE LIABLE UNDER THE PENALTIES OF PERJURY. THE FOREGOING IS A TRUE AND CORRECT COPY OF THE RESOLUTION ADOPTED BYZ_�� / �,,,, � Sows CORPORATION AT A MEETING OF ITS BOARD OF DIRECTORS HELD ON THE /3 DAY OF �� 19 Secre ary `i: � 7 Ao is 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 the purchase and application of 150,000 gallons, more or less as may be needed, of Grades RC-2 and MC-2 Asphalt Road Materials, delivered to the Town of Southold and applied. Specifications for the above may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, new York 11971. The sealed bids, together with a Non-Collusive Bid Certificate, bank draft or certified check in the amount equal to 20 of the amount of the bid, Bid Form, and Bidder's Certificate will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, until 11:00 A.M. , Thursday, April 14, 1988, 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 informality 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 "Bid on Asphalt Road Materials", 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 22, 1988. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, MARCH 31, 1988, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Long Island Traveler-Watchman The Suffolk Times Superintendent of Highways Jacobs Dodge Reports Town Clerk's Bulletin Board 1r • SPECIFICATIONS FOR THE PURCHASE AND APPLICATION OF ASPHALT ROAD MATERIALS TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK Under the specifications, bids are sought for the purchase and application of Asphalt Road Material for use by the Southold Town Highway Department in the repair and maintenance of Town Highways. Each bid must be submitted in a sealed envelope clearly endorsed with the name of the person, firm or corporation presenting it. Each bid must be marked "Bid on Asphalt Road Materials." Bid forms and Bidders Certificate may be obtained at the Office of the Town Clerk of the Town of Southold, Town Hall, Main Road, Southold, New York 11971. Bids will be received at the Office of the Town Clerk of the Town of Southold, Town Hall, Main Road, Southold, New York until 11 : 00 o'clock A.M. on April 14, 1988, as set forth in the published Notice to Bidders published in The Long Island Traveler-Watchman and The Suffolk Times. Each bid must be accompanied by a bank draft or certified check made payable to the "Town of Southold" in an amount equal to 2% of the amount of the bid. All bid deposit checks except that of the lowest responsible bidder will be returned within five (5) days after signing the contract. The bid check of the lowest responsible bidder will be retained until said bidder has executed and delivered to the Town Clerk the contract, bonds and all other documents required by these specifications. Should the lowest responsible bidder fail to execute the contract and furnish the bond and other documents required, his bid deposit shall be for- feited to the Town of Southold as liquidated damages and shall be deposited by an officer or employee of the Town of Southold to the credit of the proper Town fund, and the Town Board may award the contract to the second lowest bidder or may reject all bids and readvertise for bids; whichever is deemed in the best interest of the Town. In the event all bids are rejected, all bid checks will be returned immediately upon such rejection. The Town Board reserves the right to reject any and all bids. The successful bidder shall furnish and maintain in effect at his expense, during the term of the contract, a bond for the faithful performance of the contract, the amount of which shall be 1000 of the total bid price. The form_ of the required performance bona -he sufficiency of sureties and the manner of execution shall be approved by the Town Board. ITEM NO. 1 Under this Item No. 1, bids are requested for the purchase of 150, 000 gallons, more or less as may be needed, for the use in repair and maintenance of the town highways, for the calendar year 1988, of Grades RC-2 and MC-2 Asphalt Road Materials, which materials shall comply with the specifications set forth below. The attention of the bidder is specifically called to the fact that the quantity of 150, 000 gallons specified herein is an estimate only of the quantity of asphalt material which will be actually required by the Town for its requirements for the 1988 calendar year. The bidder will be paid for only such quar)t;.ties as are ordered by the Town and delivered and applied by the bidder. Said materials must be delivered and applied in the Town of Southold. Page 2 - Specifications for the Purchase and Application of Asphalt Road Materials The bidder must have not less than 30, 000 gallons of Grade RC-2 material and not less than 30,000 gallons of Grade MC-2 material in heated storage tanks located in the Town of Southold, or delivered to and applied in locations in the Town of Southold designated by the Superintendent of Highways, heated to a temperature of not less than 150 degrees Farenheit, as and when required by the Superintendent of Highways for the calendar year 1988. The bidder must specify the facilities which he will maintain in the Town of Southold for storage of the above materials as well as the location of said storage facilities in the Town of Southold, or the heated tank trucks to be utilized in the performance of the contract. The successful bidder will be required to deliver and apply such asphalt materials in quantities of approximately 8, 000 gallons within three (3) hours of notification by the Highway Department. The successful bidder's trucks must be equipped with a wheel calibrated instrument for accuracy of application. Each bid must be accompanied by a "Bidder Certificate" for Asphalt Cut Back, showing the supplier of this material and the location of the plant, and authorizing the Bidder to act as agency for the supplier in the Town of Southold. The Town will only pay for such road materials as actually ordered and used in any calendar year. DATED : March 22, 1988. TOWN OF SOUTHOLD BY: RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS Page 3 SPECIFICATIONS FOR RC-2 AND MC-2 ASPHALT MATERIALS GRADE RC-2 MC-2 GR API 17. 3 15. 7 Spec. Gravity @ 77°F 0. 95 0. 96 Flash Teg CC°F 87. 170 f Vis SS F 140°F 152 149 Distillation % Rec. @ 374°F 14 @ 437°F 19 @ 500°F 21 8 @ 600°F 23 18 @ 680°F 24 23 Distillate % to 680°F % @ 374°F 57 @ 4370 78 0 @ 500°F 86 35 @ 600°F 98 78 Residue by diff. % Vol. 76 77 Test on Residue from distial Pen at 77°F 96 187 Ductility at 77°F 110 f 110 f 1/0 Sol in CC 14 99. 9 99. 9 Spot Test OLI ENSIS Reg. Reg. DATED : March 22, 1988. TOWN OF SOUTHOLD BY : RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS BIDS - GRADES RC-2 8 MC-2 ASPHALT ROAD MATERIALS r Bid opening: 11 :00 A.M. , Thursday, April 14, 1988 3. 4. Mpg v- c v 5. AA.. 6. 7= ' 8. 9. 10. COUNTY OF SUFFOLK LEGAL NOTICE STATE OF NEW YORK ss: NOTICE TO BIDDERS NOTICE IS HERESY GIV- EN in accordance with the pro- Patricia Wood, being duly sworn, says that she is the visions of Section 103 of the General Municipal Law, that Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, sealed bids are sought and re- a public newspaper printed at Southold, in Suffolk County; quested for the purchase and and that the notice of which the annexed is a printed copy, application of 150,000 gallons more or less as may be nedded, has been published in said Long Island Traveler-Watchman of Grades RC-2 and'`1V1C2 once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . weeks Asphalt Road Materialb, delivered to the Town of successive) commencing th Southold and applied. y� g on e . . . . . . . . . . . . . . . . . . . . . . Specifications for the above + may be obtained at the Office day Y � 9 ''� . . . . . ., 19 f`J . . of the Town Clerk,:Town of � ' ' ' l f Southold, Town Niall,„Main Road, Southold, New York 11971. The sealed bids,toether with a Non-Collusive Bid Certificate, bank draft or certified check in the amount equal to 2%of the z✓ amount of the bid, Bid Form, Sworn to before me this . . . . . . . . . . . . .:3 . . . . day of and Bidder's Certificate will be received by the Town Clerk of the Town of Southold at the . . . . . . .. ... . .. . . . . . . . . . . 19 . . Southold Town Hall, Main Road;Southold,New York,un- til 11:00 A.M.,Thursday,April 14, 1988,at which time they will r �, be opened and read aloud in ; fry ,4, public.The Town Board of the ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' . . . . . . . . . . . . ... . . . . . . . . . . . Town of Southold reserves the Notary Public right to reject any and all bids and waive any and all informali- ty in any bid should it be deem -. y. ed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly i marked "Bid on Asphalt Road Materials," 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 22, 1988 JUDITH T. TERRY SOUTHOLD TOWN CLERK 1T-3/31/88(31) LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN ir. accordance with the provisions of Section I03 of the General Mu- nicipal Law, that sealed bids are STATE OF NEW YORK ) sought and requested for the pur- chase and application of 150,000 ) SS: gallons, more or liss as may be COUNTY OF SUFFOLK ) needed,of Grades RC-2 and MC-2 Asphalt Road Materials, delivered to the Town of Southold and ap- Christina Conte_nto of Greenport, in plied. Specific&Uohs for the above may be ob%imd at the Of said County, being duly sworn, says that he/she is fice of the Town Cledt, Town of Southold, Town .lain Road, Principal Clerk of THE SUFFOLK TIMES, a Weekly . Southold,New-Yoilt 2197E Newspaper, published at Greenport, in the Town The sealed Fnds~rc%er with a of Southold, County of Suffolk and State of New Non-Cgllusive $id`Xertificate, bank draft or certified check in the York, and that the Notice of which the annexed is amount equal to 2% of the amount of the bid, Bid Form, and Bidder's a printed copy, has been regularly published in Certificate will be received by the said Newspaper once each week for Town Clerk of the Town of Southold, at the Southold Town weeks successively; commencing on the Hall, Main Road, Southold, New day Of March 1988 York, until 11:00 A.M., Thursday, April 14, 1988;,ate,which time they will be 0pttt7i-"d read aloud �} in public. The Towq jjoani of the Town of Southold reserves the right to reject any and all bids and Principal Clerk waive any and all informality in any bid should it be deemed in the best interest of the Town o f �/ Southold to do so. Sworn to re me this_ jrJJ � 99 p... All bids must be signed and day Of sealed in envelopes plainly marked i "Bid on Asphalt Road Materials", 7 and submitted to the Office of the �� Town Clerk. The bid price shall l not include any tax, federal, state or local from which the Town of Southold is exempt. DATED:March 22, 1988. JUDITH T. TERRY SOUMOLD TOWN CLERK 5878-1TM31 f STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that on the 25th day of March 1988 she affixed a notice of which the annexed printed notice is 'a true copy, in a proper and substantial manner, in a most publicplace in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971. Legal Notice, Notice to Bidders: 150,000, more or less, of Grades RC-2 and MC-2 Asphalt Road Materials, delivered and applied. Bid opening: 11 :00 A.M. , April 14, 1988, Southold Town Hall. Judith T. Terry Southold Town Clerk Sworn to before me this 25th day of March 19 88 Notary Public ELIZABETH ANN NEVILLE Notary Public,State of New York No.82-8125850,Suffolk Countv Term Expires October 31, 19SAL 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 the purchase and application of 150,000 gallons, more or less as may be needed, of Grades RC-2 and MC-2 Asphalt Road Materials, delivered to the i i Town of Southold and applied. Specifications for the above may be obtained i at the Office of the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, new York 11971. I The sealed bids, together with a Non-Collusive Bid Certificate, bank draft or certified check in the amount equal to 20 of the amount of the bid, Bid Form, and Bidder's Certificate will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, until 11:00 A.M. , Thursday, April 14, 1988, 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 informality 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 "Bid on Asphalt Road Materials", and submitted to the Office of the Town Clerk. Th bid price shall not include any tax, federal, state or local, from which the i Town of Southold is exempt. DATED : March 22, 1988. JUDITH T. TERRY j I SOUTHOLD TOWN CLERK i i PLEASE PUBLISH ONCE, MARCH 31, 1988, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. i Copies to the following: The Long Island Traveler-Watchman The Suffolk Times Superintendent of Highways Jacobs Dodge Reports j Town Clerk's Bulletin Board i I i E 1' i i f947�-------------- 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 the purchase and application of 150,000 gallons, more or less as may be needed, of Grades RC-2 and MC-2 Asphalt Road Materials, delivered to the Town of Southold and applied. Specifications for the above may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, new York 11971. The sealed bids, together with a Non-Collusive Bid Certificate, bank draft ori certified check in the amount equal to 2% of the amount of the bid, Bid Form, and Bidder's Certificate will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, until 11:00 A.M. , Thursday, April 14, 1988, 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 informality 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 "Bid on Asphalt Road Materials", 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 22, 1988. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, MARCH 31, 1988, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Long Island Traveler-Watchman The Suffolk Times Superintendent of Highways Jacobs Dodge Reports Town Clerk's Bulletin Board 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 the purchase and application of 150,000 gallons, more or less as may be needed, of Grades RC-2 and MC-2 Asphalt Road Materials, delivered to the Town of Southold and applied. Specifications for the above may be obtained at the. Office of the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, new York 11971. The sealed. bids, together with a Non-Collusive Bid Certificate, bank draft or, certified check in the amount equal to 2% of the amount of the bid, Bid Form, and Bidder's Certificate will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, until 11:00 A.M. , Thursday, April 14, 1988, 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 informality 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 "Bid on Asphalt Road Materials", 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 22, 1988. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, MARCH 31, 1988, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Long Island Traveler-Watchman The Suffolk Times Superintendent of Highways Jacobs Dodge Reports Town Clerk's Bulletin Board SPECIFICATIONS FOR THE PURCHASE AND APPLICATION OF ASPHALT ROAD MATERIALS TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK Under the specifications, bids are sought for the purchase and application of Asphalt Road Material for use by the Southold Town Highway Department in the repair and maintenance of Town Highways. Each bid must be submitted in a sealed envelope clearly endorsed with the name of the person, firm or corporation presenting it. Each bid must be marked "Bid on Asphalt Road Materials." Bid forms and Bidders Certificate may be obtained at the Office of the Town Clerk of the Town of Southold, Town Hall, Main Road, Southold, New York 11971. Bids will be received at the Office of the Town Clerk of the Town of Southold, Town Hall, Main Road, Southold, New York until 11 :00 o'clock A.M. on April 14, 1988, as set forth in the published Notice to Bidders published in The Long Island Traveler-Watchman and The Suffolk Times. Each bid must be accompanied by a bank draft or certified check made payable to the "Town of Southold" in an amount equal to 20 of the amount of the bid. All bid deposit checks except that of the lowest responsible bidder will be returned within five (5) days after signing the contract. The bid check of the lowest responsible bidder will be retained until said bidder has executed and delivered to the Town Clerk the contract, bonds and all other documents required by these specifications. Should the lowest responsible bidder fail to execute the contract and furnish the bond and other documents required, his bid deposit shall be for- feited to the Town of Southold as liquidated damages and shall be deposited by an officer or employee of the Town of Southold to the credit of the proper Town fund, and the Town Board may award the contract to the second lowest bidder or may reject all bids and readvertise for bids; whichever is deemed in the best interest of the Town. In the event all bids are rejected, all bid checks will be returned immediately upon such rejection. The Town Board reserves the right to reject any and all bids. The successful bidder shall furnish and maintain in effect at his expense, during the term of the contract, a bond for the faithful performance of the contract, the amount of which shall be 100% of the total bid price. The form_ of the required performance bond ,.he sufficiency of sureties and the manner of execution shall be approved by the Town Board. ITEM NO. 1 Under this Item No. 1, bids are requested for the purchase of 150, 000 gallons, more or less as may be needed, for the use in repair and maintenance of the town highways, for the calendar year 1988, of Grades RC-2 and MC-2 Asphalt Road Materials, which materials shall comply with the specifications set forth below. The attention of the bidder is specifically called to the fact that the quantity of 150,000 gallons specified herein is an estimate only of the quantity of asphalt material which will be actually required by the Town for its requirements for the 1988 calendar year. The bidder will be paid for only such quar,J;ties as are ordered by the Town and delivered and applied by the bidder. Said materials must be delivered and applied in the Town of Southold. Page 2 - Specifications for the Purchase and Application of Asphalt Road Materials The bidder must have not less than 30,000 gallons of Grade RC-2 material and not less than 30,000 gallons of Grade MC-2 material in heated storage tanks located in the Town of Southold, or delivered to and applied in locations in the Town of Southold designated by the Superintendent of Highways, heated to a temperature of not less than 150 degrees Farenheit, as and when required by the Superintendent of Highways for the calendar year 1988. The bidder must specify the facilities which he will maintain in the Town of Southold for storage of the above materials as well as the location of said storage facilities in the Town of Southold, or the heated tank trucks to be utilized in the performance of the contract. The successful bidder will be required to deliver and apply such asphalt materials in quantities of approximately 8,000 gallons within three (3) hours of notification by the Highway Department. The successful bidder's trucks must be equipped with a wheel calibrated instrument for accuracy of application. Each bid must be accompanied by a "Bidder Certificate" for Asphalt Cut Back, showing the supplier of this material and the location of the plant, and authorizing the Bidder to act as agency for the supplier in the Town of Southold. The Town will only pay for such road materials as actually ordered and used in any calendar year. DATED : March 22, 1988. TOWN OF SOUTHOLD BY: RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS T. , Page 3 SPECIFICATIONS FOR RC-2 AND MC-2 ASPHALT MATERIALS GRADE RC-2 MC-2 GR API 17. 3 15. 7 Spec. Gravity @ 77°F 0. 95 0.96 Flash Teg CC°F 87. 170 f Vis SS F 140°F 152 149 Distillation % Rec. @ 374°F 14 @ 437°F 19 @ 500°F 21 8 @ 600°F 23 18 @ 680°F 24 23 Distillate o to 680°F % @ 374°F 57 @ 4370 78 0 @ 500°F 86 35 @ 600°F 98 78 Residue by diff. a Vol. 76 77 Test on Residue from distial Pen at 77°F 96 187 Ductility at 77°F 110 110 f 1/0 Sol in CC 14 99. 9 99. 9 Spot Test OLIENSIS Reg. Reg. DATED : March 22, 1988. TOWN OF SOUTHOLD BY : RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS �Y . BID FORM FOR ASPHALT ROAD MATERIALS FOR DELIVERY TO THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK ITEM NO. 1 TO THE TOWN BOARD TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 1. The undersigned hereby proposes to furnish and apply 150,000 gallons, more or less as may be needed, of Grades RC-2 and MC-2 Asphalt Road Materials to the Town of Southold, Suffolk County, New York, all in accordance with the Specifications of the Superintendent of Highways of said Town dated March 22, 1988. A. Delivered to the Town of Southold and applied per gallon. 2. The undersigned further states that the location, type and capacity of the storage facilities in the Town of Southold are as follows: A. Type of Storage Facilities B. Location of Storage Facilities C. Capacity of Storaye Facilities 3. The undersigned further states that the type, capacity and number of heated tank trucks and transports that he will utilize are as follows: 4. In submitting this bid the undersigned declares that he is or they are the only person or persons interested in the said bid and that it is made without any connection with any person making another bid for the same contract. The under- signed further declares that he has or they have carefully examined the specifications and this form of bid and has or have satisfied himself or themselves as to all the terms and conditions and understand that in signing this proposal he or they waive all right to pead any misunderstanding regarding the same. 5. Accompanying this proposal is cash, a bank check or certified check in the amount of $ In case this proposal shall be accepted by the Town of Southold, and the undersigned shall fail to execute the contract and in all respects comply with the specifications and this form of bid, the moneys represented by such cash or check shall be regarded as liquidated damages and shall be forfeited and become the property of the Town of Southold; otherwise to be returned to the bidder as provided in the above said provisions. 6. On acceptance of this bid the undersigned does or do hereby bind himself or themselves to enter into a written contract within ten days of the date of notice of theaward of the bidwith the said Town of Southold, and to comply in all respects with the provisions of the specifications in relation to the security for the faithful performance of the terms of said contract. -1- 7. In submitting this bid the undersigned understands that the Town of Southold will 'only pay for such road materials as actually ordered and used in any calendar year. DATED : 1988. Legal name of person, firm or corporation BY: The P. O. Address of the Bidder is: Street City, State, Zip -2- f IF A CORPORATION NAME ADDRESS President Secretary Treasurer IF A FIRM NAME OF MEMBERS ADDRESS -3- BIDDER'S CERTIFICATE FOR ASPHALT CUTBACK This is to certify that the undersigned proposed to furnish Cutback Asphalt which will comply with the requirements for type Grade The Cutback Asphalt is manufactured by whose plant is located at The plant has a capacity of gallons per 8 hour day and has regularly manufactured Cut Back Asphalt for the past years. The specific source of the Asphaltic Base is selected Gulf Coast and Venezuelian Crudes. If we receive an award of order or contract on any of the item(s) bid upon we will begin delivery of Cutback Asphalt within hours of notice to deliver. We agree to furnish Cutback Asphalt at the rate ordered to maximum rate of gallons per 8 hour day. Company BY : Official Title Date: If the bidder is an authorized agent of the manufacturer, the following authorization must be executed by the manufacturer: This is to certify that Name of Bidder Street City & Zone No. State Zip Code is our authorized agent and is capable of making deliveries in compliance with the above certificate. Name of Manufacturer BY: Official Title Date: NON-COLLUSIVE BIDDING CERTIFICATE BY SUBMISSION OF THIS BID OR PROPOSAL, THE BIDDER CERTIFIES THAT: (a) THIS BID OR PROPOSAL HAS BEEN INDEPENDENTLY ARRIVED AT WITHOUT COLLUSION : (b) THIS BID OR PROPOSAL HAS NOT BEEN KNOWINGLY DISCLOSED, PRIOR TO THE OPENING OF BIDS OR PROPOSALS FOR THIS PROJECT, TO ANY OTHER BIDDER, COMPETITOR OR POTENTIAL COMPETITOR : (c) NO ATTEMPT HAS OR WILL BE MADE TO INDUCE ANY OTHER PERSON, PARTNERSHIP OR CORPORATION TO SUBMIT OR NOT TO SUBMIT A BID OR PROPOSAL: (d) THE PERSON SIGNING THE BID OR PROPOSAL CERTIFIES THAT HE HAS FULLY INFORMED HIMSELF REGARD- ING THE ACCURACY OF THE STATEMENTS CONTAINED IN THIS CERTIFICATION AND UNDER THE PENALTIES OF PERJURY AFFIRMS THE TRUTH THEREOF, SUCH PENALTIE. BEING APPLICABLE TO THE BIDDER AS WELL AS TO THE PERSON SIGNING IN ITS BEHALF: (e) THAT ATTACHED HERETO (IF A CORPORATE BIDDER) IS A CERTIFIED COPY OF THE RESOLUTION AUTHORIZING THE EXECUTION OF THE CERTIFICATE BY THE SIGNATOR OF THIS BID OR PROPOSAL IN BEHALF OF THE CORPORATE BIDDER. RESOLVED THAT : Name of Officer AUTHORIZED TO SIGN AND SUBMIT THE BID OR PROPOSAL OF THIS CORPORATION FOR THE FOLLOWING PROJECT: Described Project AND TO INCLUDE IN SUCH BID OR PROPOSAL THE CERTIFICATE AS TO NON- COLLUSION REQUIRED BY SECTION 103-d OF THE GENERAL MUNICIPAL LAW AS THE ACT AND DEED OF SUCH CORPORATION AND FOR ANY INACCURACIES OR MISSTATEMENTS IN SUCH CERTIFICATE THIS CORPORATE BIDDER SHALL BE LIABLE UNDER THE PENALTIES OF PERJURY. THE FOREGOING IS A TRUE AND CORRECT COPY OF THE RESOLUTION ADOPTED BY CORPORATION AT A MEETING OF ITS BOARD OF DIRECTORS HELD ON THE DAY OF 19 Secretary �o��FFOLK�o Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T.TERRY 1 TELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 22, 1988: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the town Clerk to advertise for bids for the purchase and applica- tion of 150, 000 gallons, more or less as may be needed, of Grades RC-2 and MC-2 Asphalt Road Materials. Judith T. Terry Southold Town Clerk March 23, 1988 Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 RAYMOND L.JACOBS Tel. 765 3140 Superintendent 734-5211 RESOLUTION BY: SECONDED BY: RESOLVED: That the Town Board of the Town of Southold hereby authorizes the Town clerk to advertise for bids for the Superintendent of Highways for the purchase of : The purchase and application of 150, 000 gallons, more or less as may be needed, of Grades RC-2 and MC-2 Asphalt Road materials. VOTE OF THE TOWN BOARD Supervisor Frank J. Murphy (Yes) (No) Justice Raymond W. Edwards (Yes) (No) Councilwoman Jean W. Cochran (Yes) (No) Councilman George L. Penny IV (Yes) (No) Councilwoman Ruth D. Oliva (Yes) (No) Councilwoman Ellen M. Larsen (Yes) (No) Dated: March 22, 1988 Town Clerk, Town of Southold RECEIVED MAR 13 1988 ��}r„b{ Tna.n rhr�c