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Bulkhead Repair and Replacement at Klipp Park
_% 4-. 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 all of the labor, materials and equipment required for the bulkhead repair and replacement at Klipp Park, Greenport, New York:. The sealed bids, together with a Non -Collusive Bid Certificate and certified check or bid bond in the amount of five percent (5$) of the base bid, will be received by the Town Clerk at the Southold Town Hall, Main Road, Southold, New York, until 11:00 A.M., Thursday, May 30, 1991, 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. The Bid Documents may be obtained from the Town Clerk's Office,. 53095 Main Road, Southold, New York, upon payment of a $25.00 fee (no refunds) . All bids must be signed and sealed in envelopes plainly marked "Bid on Bulkhead Repair and Replacement" and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state or local, from which the Town of Southold is exempt. DATED: April 23, 1991. JUDITH T. TERRY SOUTHOLD TOWN CLERK W Of ZZZ�� NO I SPECIFICATION FOR BULKHEAD REPAIR & REPLACEMENT KLIPP PARK GREENPORT, NEW YORK PREPARED BY JAMES A RICHTER, RA TOWN OF SOUTHOLD PECONIC LANE PECONIC, NEW YORK May, 1991 TABLE OF CONTENTS SECTION PAGE NUMBER A. INVITATION TO BID A-1 B. INSTRUCTIONS TO BIDDERS B-1 thru 5 C. BID PROPOSAL C-1 thru 2 STATEMENT OF NON -COLLUSION C-3 & 4 NYS AFFIRMATIVE ACTION STATEMENT C-5 OFFER OF SURETY C-6 BID BOND C-7 D. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR D-1 thru 8 E. PERFORMANCE BOND E-1 & 2 LABOR AND MATERIAL PAYMENT BOND E-3 & 4 F. FORM OF MAINTENANCE BOND F-1 & 2 G. GENERAL RELEASE G-1 H. PREVAILING WAGE RATES H-1 thru 40 I. COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGUT,ATIONS I-1 thru 10 J. NON-DISCRIMINATION CLAUSE J-1 & 2 K. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION K-1 thru 24 DIVISION 1, 2, 6 0 INVITATION TO BID BULKHEAD REPAIR AND REPLACEMENT KLIPP PARK GREENPORT, NEW YORK The Town Board of the Town of Southold will receive bids for furnishing of all of the labor, materials and equipment as specified, for the bulkhead repair and replacement at Klipp Park, Greenport, New York, in accordance with the drawings and specifications prepared by James A Richter, RA, Southold Town Highway Department, Peconic Lane, Peconic, NY. Bids will be received at the Office of the Southold Town Clerk, Southold Town Hall, Main Road, Southold, New York 11971, until 11:00 AM on Thursday, May 30, 1991. All specifications are provided herein; drawings to be attached. A deposit of twenty-five dollars ($25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waiver any formalities to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR MAY NOT withdraw his bid during this period. Bid Security in the form of a certified check of Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. Please advise is you intendto bid or not. Dated: April 23, 1991 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk Al T H E A M E R I C A I N S T I T U T E F A R C H I T E C T S AIA Document A701 Instructions to Bidders 1987 EDITION TABLE OF ARTICLES 1. DEFINITIONS 2. BIDDER'S REPRESENTATIONS 3. BIDDING DOCUMENTS 4. BIDDING PROCEDURES 5. CONSIDERATION OF BIDS 6. POST -BID INFORMATION 7. PERFORMANCE BOND AND PAYMENT BOND 8. FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR Copyright 1970, 1974, 1978, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A701 • INSTRUCTIONS TO BIDDERS • FOURTH EDITION • AIA° • ©1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2(0()6 A701-1987 1 INSTRUCTIONS TO BIDDERS ARTICLE 1 DEFINITIONS 1.1 Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of the Advertisement or Invitation to Bid, Instructions to Bidders, Supplementary Instructions to Bidders, the bid form, and other sample bidding and contract forms. The pro- posed Contract Documents consist of the form of Agreement between the Owner and Contractor, Conditions of the Con- tract (General, Supplementary and other Conditions), Draw- ings, Specifications and all Addenda issued prior to execution of the Contract. 1.2 Definitions set forth in the General Conditions of the Con tract for Construction, AIA Document A201, or in other Con tract Documents are applicable to the Bidding Documents. 1.3 Addenda are written or graphic instruments issued by the Architect prior to the execution of the Contract which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections. 1.4 A Bid is a complete and properly signed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents. 1.5 The Base Bid is the sum stated in the Bid for which the Bid- der offers to perform the Work described in the Bidding Docu- ments as the base, to which Work may be added or from which Work may be deleted for sums stated in Alternate Bids. 1.6 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted. 1.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment or services or a portion of the Work as described in the Bidding Documents. 1.8 A Bidder is a person or entity who submits a Bid. 1.9 A Sub -bidder is a person or entity who submits a bid to a Bidder for materials, equipment or labor for a portion of the Work. ARTICLE 2 BIDDER'S REPRESENTATIONS 2.1 The Bidder by making a Bid represents that: 2.1.1 The Bidder has read and understands the Bidding Docu- ments and the Bid is made in accordance therewith. 2.1.2 The Bidder has read and understands the Bidding Docu- ments or contract documents, to the extent that such docu- mentation relates to the Work for which the Bid is submitted, for other portions of the Project, if any, being bid concurrently or presently under construction. 2.1.3 The Bidder has visited the site, become familiar with local conditions under which the Work is to be performed and has correlated the Bidder's personal observations with the requirements of the proposed Contract Documents. 2.1.4 The Bid is based upon the materials, equipment and sys- tems required by the Bidding Documents without exception. ARTICLE 3 BIDDING DOCUMENTS 3.1 COPIES 3.1.1 Bidders may obtain complete sets of the Bidding Docu- ments from the issuing office designated in the Advertisement or Invitation to Bid in the number and for the deposit sum, if any, stated therein. The deposit will be refunded to Bidders who submit a bona fide Bid and return the Bidding Documents in good condition within ten days after receipt of Bids. The cost of replacement of missing or damaged documents will be deducted from the deposit. A Bidder receiving a Contract award may retain the Bidding Documents and the Bidder's deposit will be refunded. 3.1.2 Bidding Documents will not be issued directly to Sub - bidders or others unless specifically offered in the Advertise- ment or Invitation to Bid, or in supplementary instructions to bidders. 3.1.3 Bidders shall use complete sets of Bidding Documents in preparing Bids; neither the Owner nor Architect assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 3.1.4 In making copies of the Bidding Documents available on the above terms, the Owner and the Architect do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant permission for any other use of the Bidding Documents. 3.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS 3.2.1 The Bidder shall carefully study and compare the Bid- ding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the Architect errors, inconsistencies or ambiguities discovered. 3.2.2 Bidders and Sub -bidders requiring clarification or inter- pretation of the Bidding Documents shall make a written request which shall reach the Architect at least seven days prior to the date for receipt of Bids. 3.2.3 Interpretations, corrections and changes of the Bidding Documents will be made by Addendum. Interpretations, cor- rections and changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon them. 3.3 SUBSTITUTIONS 3.3.1 The materials, products and equipment described in the Bidding Documents establish a standard of required function, AIA DOCUMENT A701 • INSTRUCTIONS TO BIDDERS • FOURTH EDITION • AIA° • ©1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A701-1987 2 dimension, appearance and quality to be met by any proposed substitution. 3.3.2 No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the Architect at least ten days prior to the date for receipt of Bids. Such requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. A statement setting forth changes in other mate- rials, equipment or other portions of the Work including changes in the work of other contracts that incorporation of the proposed substitution would require shall be included. The burden of proof of the merit of the proposed substitution is upon the proposer. The Architect's decision of approval or dis- approval of a proposed substitution shall be final. 3.3.3 If the Architect approves a proposed substitution prior to receipt of Bids, such approval will be set forth in an Adden- dum. Bidders shall not rely upon approvals made in any other manner. 3.3.4 No substitutions will be considered after the Contract award unless specifically provided in the Contract Documents. 3.4 ADDENDA 3.4.1 Addenda will be mailed or delivered to all who are known by the issuing office to have received a complete set of Bidding Documents. 3.4.2 Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. 3.4.3 No Addenda will be issued later than four days prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids. 3.4.4 Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, and the Bidder shall acknowledge their receipt in the Bid. ARTICLE 4 BIDDING PROCEDURES 4.1 FORM AND STYLE OF BIDS 4.1.1 Bids shall be submitted on forms identical to the form included with the Bidding Documents. 4.1.2 All blanks on the bid form shall be filled in by typewriter or manually in ink. 4.1.3 Where so indicated by the makeup of the bid form, sums shall be expressed in both words and figures, and in case of dis- crepancy between the two, the amount written in words shall govern. 4.1.4 Interlineations, alterations and erasures must be initialed by the signer of the Bid. 4.1.5 All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change." 4.1.6 Where two or more Bids for designated portions of the Work have been requested, the Bidder may, without forfeiture of the bid security, state the Bidder's refusal to accept award of less than the combination of Bids stipulated by the Bidder. The Bidder shall make no additional stipulations on the bid form nor qualify the Bid in any other manner. 4.1.7 Each copy of the Bid shall include the legal name of the Bidder and a statement that the Bidder is a sole proprietor, part- nership, corporation or other legal entity. Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the Bidder. 4.2 BID SECURITY 4.2.1 If so stipulated in the Advertisement or Invitation to Bid, or supplementary instructions to bidders, each Bid shall be accompanied by a bid security in the form and amount required, pledging that the Bidder will enter into a Contract with the Owner on the terms stated in the Bid and will, if required, furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. The amount of the bid security shall not be forfeited to the Owner in the event the Owner fails to comply with Sub- paragraph 6.2.1. 4.2.2 If a surety bond is required, it shall be written on AIA Document A310, Bid Bond, unless otherwise provided in the Bidding Documents, and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of the power of attorney. 4.2.3 The Owner will have the right to retain the bid security of Bidders to whom an award is being considered until either (a) the Contract has been executed and bonds, if required, have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn, or (c) all Bids have been rejected. 4.3 SUBMISSION OF BIDS 4.3.1 All copies of the Bid, the bid security, if any, and other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be identified with the Project name, the Bidder's name and address and, if applicable, the designated portion of the Work for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the nota- tion "SEALED BID ENCLOSED" on the face thereof. 4.3.2 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids. Bids received after the time and date for receipt of Bids will be returned unopened. 4.3.3 The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 4.3.4 Oral, telephonic or telegraphic Bids are invalid and will not receive consideration. 4.4 MODIFICATION OR WITHDRAWAL OF BID 4.4.1 A Bid may not be modified, withdrawn or canceled by the Bidder during the stipulated time period following the time AIA DOCUMENT A701 • INSTRUCTIONS TO BIDDERS • FOURTH EDITION • AIA° • ©1987 • THE 3 A701-1987 AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid. 4.4.2 Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified or withdrawn by notice to the party receiving Bids at the place designated for receipt of Bids. Such notice shall be in writing over the signature of the Bidder or by telegram; if by telegram, written confirmation over the signature of the Bidder shall be mailed and postmarked on or before the date and time set for receipt of Bids. A change shall be so worded as not to reveal the amount of the original Bid. 4.4.3 Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 4.4.4 Bid security, if required, shall be in an amount sufficient for the Bid as modified or resubmitted. ARTICLE 5 CONSIDERATION OF BIDS 5.1 OPENING OF BIDS 5.1.1 Unless stated otherwise in the Advertisement or Invita- tion to Bid, the properly identified Bids received on time will be opened publicly and will be read aloud. An abstract of the Bids will be made available to Bidders. When it has been stated that Bids will be opened privately, an abstract of the same infor- mation may, at the discretion of the Owner, be made available to the Bidders within a reasonable time. 5.2 REJECTION OF BIDS 5.2.1 The Owner shall have the right to reject any or all Bids, reject a Bid not accompanied by a required bid security or by other data required by the Bidding Documents, or reject a Bid which is in any way incomplete or irregular. 5.3 ACCEPTANCE OF BID (AWARD) 5.3.1 It is the intent of the Owner to award a Contract to the lowest responsible Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. The Owner shall have the right to waive informalities or irregularities in a Bid received and to accept the Bid which, in the Owner's judgment, is in the Owner's own best interests. 5.3.2 The Owner shall have the right to accept Alternates in any order or combination, unless otherwise specifically pro- vided in the Bidding Documents, and to determine the low Bid- der on the basis of the sum of the Base Bid and Alternates ac- cepted. ARTICLE 6 POST -BID INFORMATION 6.1 CONTRACTOR'S QUALIFICATION STATEMENT 6.1.1 Bidders to whom award of a Contract is under con- sideration shall submit to the Architect, upon request, a prop- erly executed AIA Document A305, Contractor's Qualification Statement, unless such a Statement has been previously required and submitted as a prerequisite to the issuance of Bid- ding Documents. 6.2 OWNER'S FINANCIAL CAPABILITY 6.2.1 The Owner shall, at the request of the Bidder to whom award of a Contract is under consideration and no later than seven days prior to the expiration of the time for withdrawal of Bids, furnish to the Bidder reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. Unless such reasonable evidence is fur- nished, the Bidder will not be required to execute the Agree- ment between the Owner and Contractor. 6.3 SUBMITTALS 6.3.1 The Bidder shall, as soon as practicable after notification of selection for the award of a Contract, furnish to the Owner through the Architect in writing: .1 a designation of the Work to be performed with the Bidder's own forces; .2 names of the manufacturers, products and the sup- pliers of principal items or systems of materials and equipment proposed for the Work; and .3 names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for the principal portions of the Work. 6.3.2 The Bidder will be required to establish to the satisfac- tion of the Architect and Owner the reliability and responsibil- ity of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents. 6.3.3 Prior to the award of the Contract, the Architect will notify the Bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to a person or entity proposed by the Bidder. If the Owner or Architect has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder's option, (1) withdraw the Bid, or (2) submit an acceptable substitute person or entity with an adjustment in the Base Bid or Alternate Bid to cover the difference in cost occasioned by such substitution. The Owner may accept the adjusted bid price or disqualify the Bidder. In the event of either withdrawal or disqualification, bid security will not be forfeited. 6.3.4 Persons and entities proposed by the Bidder and to whom the Owner and Architect have made no reasonable objection must be used on the Work for which they were pro- posed and shall not be changed except with the written con- sent of the Owner and Architect. ARTICLE 7 PERFORMANCE BOND AND PAYMENT BOND 7.1 BOND REQUIREMENTS 7.1.1 If stipulated in the Bidding Documents, the Bidder shall furnish bonds covering the faithful performance of the Con- tract and payment of all obligations arising thereunder. Bonds may be secured through the Bidder's usual sources. 7.1.2 If the furnishing of such bonds is stipulated in the Bid- ding Documents, the cost shall be included in the Bid. If the AIA DOCUMENT A701 - INSTRUCTIONS TO BIDDERS - FOURTH EDITION - AIA® - ©1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A701-1987 4 furnishing of such bonds is required after receipt of bids and before execution of the Contract, the cost of such bonds shall be added to the Bid in determining the Contract Sum. 7.1.3 If the Owner requires that bonds be secured from other than the Bidder's usual sources, changes in cost will be adjusted as provided in the Contract Documents. 7.2 TIME OF DELIVERY AND FORM OF BONDS 7.2.1 The Bidder shall deliver the required bonds to the Owner not later than three days following the date of execution of the Contract. If the Work is to be commenced prior thereto in response to a letter of intent, the Bidder shall, prior to com- mencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered in accordance with this Subparagraph 7.2.1. 7.2.2 Unless otherwise provided, the bonds shall be written on AIA Document A312, Performance Bond and Payment Bond. Both bonds shall be written in the amount of the Con- tract Sum. I I 7.2.3 The bonds shall be dated on or after the date of the Contract. 7.2.4 The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney. ARTICLE 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 8.1 FORM TO BE USED 8.1.1 Unless otherwise required in the Bidding Documents, the Agreement for the Work will be written on AIA Document A101, Standard Form of Agreement Between Owner and Con- tractor Where the Basis of Payment Is a Stipulated Sum. AIA DOCUMENT A701 • INSTRUCTIONS TO BIDDERS • FOURTH EDITION • AIA° • ©1987 • THE 5 A701-1987 AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 3/87 ce co BID PROPOSAL REPLACE AND REPAIR BULKHEAD GULL POND/KLIPP PARK CONTRACT NAME OF BIDDER Costello Marine Contracting Cor TO: SOUTHOLD TOWN BOARD TOWN HALL - 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 the Contract Documents dated 4/8/86, including Bidding Requirements, Contract, General, and Special Conditions, Specifications, Contract Drawings, and Addenda, if any (Note: Acknowledgement of Addenda ant their dates must be including 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 the proposes and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Owner (see specifications) and to perform all the work required to construct, perform and complete the work at: Klipp Park at Gull Pond Greenport, NY 11944 and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by James Richter, RA, Southold Town Highway Department, Peconic Lane, Peconic, NY 11958, and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Owner, he will accept, in full payment thereof as listed below: Provide and install 350+/- linear feet of new 2 X 10 creosote treated T & G wood sheeting, provide and install 330+/- linear C1 (0 ( i feet of new bulkhead, remove existing chain link fence, flagpole for reuse by the Town, provide and install new wood piles, remove existing culvert & replace with 24" polyethylene pipe for the following lump sum price to wit: One Hundred and four Thousand - Nine Hundred - Fifty and 00/100. (written in words) And he further agrees that if this proposal shall be accepted by the Owner and that if he shall refuse, fail or neglect to enter into a contract pursuant to such proposal and to the requirements of the Owner and shall fail to give the required security within ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Owner as liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of the receiving bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Owner will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder?Costell(o f,p Business Address • Marine Contraci ng Corp. 423 Fifth Street, P.O. Box 2124 Greenport, NY 11944-0976 Telephone Number (516)477-1199 Date May 30, 1991 M STATEMENT OF NON -COLLUSION (To be Completed by Each Bidder) In accordance with Section 103-d General Municipal Law, effective Seoterri er 1, 1966, every bid or proposal hereafter made to a political subdivision of the State or any public department, agency, or official thereof or to a fire district or an), 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 sinning 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 othervvise required by law, the prices which have been quoted in this bid 'nave 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 L-Acilf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution author- izing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. C3 R E S 0 L U T 1 0 N Res�l.ed thot Costello Marine Contracting Corp. (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the ;"o!lowino project Bulkhead repair and replacement at Klipp Park, Greenport, New York (Descride t�rojecI and to include in such bid or proposal the certificate as to non -collusion required by section one -hundred -three -d (10.3-d) of the General t,Aunicipol Lav as the ect and deed OF such corporation, and for any inaccuracies or mis-statements 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 Costello Marine Contracting Corp corporation ata meet- ing of the Board of Directors held on the 28th May 1 19 91 (SEAL (_)F THE CORPORATION) Laws of New York, 1965 Ch. 73-1, Sec. 103-d, as amended effective September 1, 1965. day of C4 0 �1 NEV/ YORK STATE AFFIR/:, T1'J; ACTION CERTIFICATIO (TO BE COMPLETED 3Y EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of e contract under this Invitation for Bids unless such bidder has submitted as a part of its mid the following certification, which rill be deemed c part of the resulting contract: BIDDER'S CEERTIFICATION Costello Marine Contracting Corp (Bidder) certifies that: 1 . it intends to use the following listed construction trades in the work under the contract Backhoe Operator, Marine Construction, Timbermen, Heavy/ Carpenter and Crane Operator. and, 2. e. as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part I of 'these Bid Conditions for participation in the Nassau -Suffolk County Plan it will comply with the said Countyr area within the scope of coverage of that Plan, those trcdes being: Same as above ; a. la/ or, b. as to those trades for which it is required by these Bid Conditions to comply with Part 11 of these Bid Conditions, it adopts the minimum minority man— power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state cnd non -state) in the afore—mentioned area subject to these Bid Conditions, those trcdes being: Marine Cnntractor. Timberman and Heavy/Carpenter and, 3. it will obtain from each of its subcontractors and submit to the contracting or admin— istering agency prior to the award of any subcontractor under this contract the sub— contractor certification required by these Bid Conditions. ion oture of Authorized Representative of Bidder) President/Costello Marine Contracting Corp C5 UTICA MUTUAL INSURANCE COMPANY NEW HARTFORD, NEW YORK FF698 BID or PROPOSAL BOND Know all Men by these Presents: THAT WE, Costello Marine Contracting Corp.y� k 11 as principal, and the I t11 rI�� P�1�PL- db, I Pt��i a corporation of the State of New York, having its principal place of business in the Town of New Hartford, New York, as surety, are held and firmly bound unto Town of Southold Main Road Southold, New York 11971 as obligee, in the sum of Five Percent (5%) of amount bid DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 15th day of April 19 91 WHEREAS, the said principal is herewith submitting its proposal for Town Beach Gull Pond Bulkhead Reconstruction Klipp Park THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be awarded the contract upon said proposal, and shall within the required number of days after the notice of such award enter into a contract and give bond for the faithful perform- ance of the contract, then this obligation shall be null and void; otherwise the principal and surety will pay unto the obligee the difference in morev between the amount of the bid of the said principal and the lowest amount for which the obligee may legally contract with another party to perform the said work if the latter amount be in excess of the former; but in no event sl-.all' the surety's liability exceed the penal sum hereof. Principal UTICA MUTUAL INSURANCE COMPANY Marie Vi.Venzio Attorne)An- act t 84-69 Ed. 1_64 '"#61ii`�.,�..i�..Ji:w�"r.�_'t� �.� " '�`M_.'.P., v�'':�tdt�4 ad ata'.. ;. r>r& �:'� 'St7r7#W, i`✓✓-'i� h:?.`d;.`.'h.'i �;?Q";;`j61i:"J" si-a7�4'i3�,:eilfiSt.�L'A4l'.":•�'�4?=.tF3:>1P:Ts�.:�'�:.?Ti...L¢!".�+�T?[i *r UTICA MUTUAL IN%URANCE COMPANY NEW HARTFORD, NEW YORK N0.253 . POWER OF ATTORNEY Know all men by these Presents, the UTICA MUTUAL INSURANCE COMPANY, a New York Corporation, having its prmcioal office in the own of New Hanford County of Oneida, State of New York, does hereby make. constitute and apcoint Wiliiara F. Bindseil, Jr., Marie ViVenzio, Mark S. Gursky Selden, New York its true and iawtul Attorney (s) -its -tact ir their separate capacity if more than one is named above to rnake. execute, ston, seat and deliver for and on its behalf as surety and as its act and deed (without power of redetegattom any and all bends and undertakings and other writings obligatory to the nature thereof (except bonds guaranteeing the payment of principal and interest of notes, rnortosoe bonds and mortgages,) provided the amount of no one bond or undertaking exceeds One -Million and 00_[100 Dollars (S 1, 000, (1ntl -W,) ,) ), The execution of such bonds and undertakings shall be as binding upon said UTICA MUTUAL INSURANCE CO.N' PANY as fully and to atf intents and purposes as if the same had been duly executed and acknowledged by ;ts regularly elected officers at its Home Office to New Hartford, New York. This Power of Attorney is q, anted under and by authority of the following resoiution adopted by the Directors of the L)T.CA MUTUAL INSURANCE COMPAN" on the 27th gay of November, 1961. hesoivea that the Ptesiapni or any v,cc. resiaent in cuniurivion ,vfr, the Secretary or any Assistant Suuretafv Cie and they are hereoy dutnortl!id ano 0fr:puweteU :u 3Uj:oini u; ine Gurp_;;iy. ri os nam. dna 65 is dLis, iu exe6ute dno dCxno,.:eoUe !or ani on its uenaii a`: ;,urety anv ano eft b.)nos. fQCUl,;n aanCNs. contracts of iM;ernnity anti ai; _mcf wrtunos atuydtuty in tie nature itiLreol -th purser to 2Sidcn thereto the seat of the G<imnany Any sucn wtnings so ewQ.9:utea u, such Ationievs-in•laci 'naii be as otnotmi ut>on the Company as it Iney nau teen oury acknowleuqud by trt8 reyu.,i0y ulectua rCt-Boers of the Company �n tnea own prcoer persons -PJow n ereffore the signatures of such officers anti thL sea! of the company may to athxea to any sucn Power of Atutney by a faLZiritte, ano any such Power of Attorney beanng such tacsirriite signatures or seat shalt oe vaitr, ano binarng upon tie Company " In Witness Whereof, the UTICA MUTUAL INSURANCE COMPANY has caused these presents t<) be signed by its Authorized Officers, this 13th day of august 19 90 UTICA MUTUAL INSURANCE COMPANY r t / cretaty 191.4 STATE OF NEW YORK 1 a �� COUNTY OF ONEIDA ss: On this 13th day of ,�ttsr . 19 _91L., tefore me, a Notary Public in and for the State of New York, personally came WALLACE H, WA T KINS and JOHN P. SULLIVAN to me known, who acknowledged execution of the preceding instrument and, being by me duly sworn, do depose and say, that they are President and Secretary respectively of UTICA MUTUAL INSURANCE COMPANY; and that the seal affixed to said �nstrutnent is the corporate seat of UTICA MUTUAL INSURANCE COMPANY; and that said corporate seal is affixed and their signatures subscribed to said instrument by authority and order of the Board of Directors of said Corporation. in Testimony Whereof, I have hereunto set my hand at New Hartford, New York, the day and year first above written. gpt5{lt 1 9 1 A NOtaty r'uU!ic STATE OF NEW YORK' COUNTY OF ONEIDA s b John D. Yonkers Assistant Secretary of the UTICA tvI JTUAL INSURANCE COMPANY 00 hereby certify tnat the foregoing is a true and correct copy of a Power of Attorney. executed by said UTICA MUTUAL INSURANCE COMPANY, which is still in full force and effect. In tv;tness `"thereof. I have hereunto set my hand and affixed the Seal of the a,d Co oration at New Hartford, New Yorx, this _15th _ day of April 1991 . � ,/F�ssistan! ��,.7etar. x.8-2 REV Eo ;•Aa .CKNOWLEDGMEKN_< ' SURETW Utica Mutual Insurance Company [❑ Graphic Arts Mutual Insurance Company STATE OF.............P_.w....Y.Qrk.... ss.: COUNTY OF......... llf f Qlk....... On this............ 51h.........day of, ........... April...__ .......................... ..............19.8.1..., before me personally came Marie_-ViVenz......................................................to me known, who, being by me duly sworn, did depose and say: that he resides in ....... Setauket,..&v. York ......................................... . .............................. that he is Attorney -in -Fact of the Corporation described in and which executed the attached 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 pursuant to power conferred on him by a Power of Attorney granted to him by said Corporation and that he signed said instrument as Attorney- in -Fact of said Corporation pursu t to such auto -3rity. Notary Public, guts of New Yark Na. 52-02 NW COU" !2/-00 -- ......... .--- _ -- _. ._C:-.— QU811ti8tjln � NOTARY PUBLIC t 1o11 �%QIT81 ri9C. �� AIR&PAL'S INDIVIDUAL ACKNOWLEDGMENT STATE OF ............... ------- ------ ... - ss.: COUNTY OF ............................... On this .............................. day of ........................................................ .................. 19- ..... .., before me personally came ..............................................................................................................--- ........ ................., to me known and known to me to be the individual described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same. ........................ ......... ............... .................. .............................. NOTARY PUBLIC PRINCIPAL'S CO -PARTNERSHIP ACKNOWLEDGMENT STATEOF ............................. .. .. ss.: COUNTY OF ------------------------------- On this..............................day of ................................. ........... .........----,................19..... before me personally came .................................................................................................................................... a member of the Co -partnership of ........ , to me known and known to me to be the person who is described in the foregoing instrument and he acknowledges that he executed the same as and for the act and deed of the said Co -partnership. ..................................................................................... NOTARY PUBLIC PRINCIPAL'S CORPORATE ACKNOWLEDGMENT STATE OF. W-, �N ..A Rr-,.---- ss.: COUNTY TI1 On this............ U4Z .............day of..............19.9.(.., before me personally came .s..... .GS.C:.l-C).................. , to me known, who, being byle �. .duly sworn, did�epose and say that he resides in-...!'}�.io..._.:�'��t.t......, }.f.'tr...�"...f'that he is........l...C".e5.i.c�fY1T... ........of.-.Lbs.t� (.�a...- �i.Y.t.Yl�.-...�CkLtf t.I,I)s .... r.r-p �..�......,e Corporation described in and which executed the foregoing instrument; that he know�e Corporate Seal of said Corporation; and the Seal'��instrument is such Corporate Seal; that it was so affixed by order of the Board of Directo' $tom_ at he signed his name thereto by like order. inno48ulfo* -. NOTARY PUSL L7 UTICA MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT AS OF DECEMBER 31, 1989 From Annual Report Filed with New York Insurance Department ASSETS U.S. Governmental Direct and Guaranteed Bonds $ 267,250,696 All Other Bonds 632,618,576 Stocks ................................ 31,596,286 Mortgages -0- Cash................................. 8,512,217 Equities & Deposits in Pools and Associations .. 18.630,625 Premiums in Course of Collection 44,211,201 Interest Due and Accrued .................. 20,684,614 Other Admitted Assets .................... 77,691,104 Total Admitted Assets ........ S1,101,195,319 STATE OF NEW YORK COUNTY OF ONEIDA ss: Surplus Funds: LIABILITIES AND SURPLUS Reserve for All Losses ............... 552,328,468 Unearned Premiums ................. 187,271,411 Reserve for Claim Expense ........... 117,019,405 Dividends 6,830,540 Taxes Accrued ..................... 7,349.323 Federal Income Tax ................. 784,801 Miscellaneous Accounts Payable ....... 59,089,405 Total Liabilities S 930.671353 Dividend Reserve .............. S 1,101,027 General Voluntary Reserve ....... 1,500,000 Special Contingent Surplus ....... 1,700,000 Divisible Surplus ............... 166,220,939 Surplus as regards Policyholders ........... 170,521,966 Total ........................ S 1,101,195.319 WALLACE H. WATKINS, President of the UTICA MUTUAL INSURANCE COMPANY, New Hartford, New York, being duly sworn, says that he is the above described officer of said Corporation, and that on the 31st day of December, 1989, all of the assets shown above were the absolute property of the said Corporation, free and clear from all liens or claims thereon except as above stated, and that the foregoing statement is a full and true exhibit of all assets and liabilities of the said Corporation at the close of business December 31, 1989, according to the best of his knowledge, information and belief. Subscribed and sworn to before me the 'J ROSEMARY WADAS Notary Public in the State of New York Appointed in Oneida County Cj !Ay Commission Expires April 30, 19.r 8-B-50 Ed. 2-90 "V //4&U4.4 /M.4 President Attest (� Secretary ti olaYa�YwmYu Sf'�Wrs�rr+rY¢urrYiiun�Yeu Nk'Ya Y'�u�wfsim�y �nWiY�yjYnM'YYW14Y��iG_iiWI IY iY UY ���� '� �. +i Y . w.">u � .,� uwWiuKW'dL[-YYIY.3Yv'N''.'YYWF'.+cra..u.uJLvvws�:.v.yviGe ®Ff1su,.rv5�.vt••rca+w_Hi45kWJiWv�hE%KIWY�W11i Mme_ MW - - - - i It OFFER, OF SURETY (To be Completed by Each Bidder) In the event the above Proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for fcithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY CCMPANY Signed (Bidder CERTIFICATE OF SURETY to be sinned by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded T• to said (Bidder's blame Company before provided. Date: the (Surety will execute the Surety Bonds as herein Signed: Authorized Official, Agent, or Attorney IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. E�' (a t 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 all of the labor, materials and equipment required for the bulkhead repair and replacement at Klipp Park, Greenport, New York 1. The sealed bids, together with a Non -Collusive Bid Certificate and certified check or bid bond in the amount of five percent (5$) of the base bid, will be received by the Town Clerk at the Southold Town Hall, Main Road, Southold, New York, until 11:00 A.M., Thursday, May 30, 1991, 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. The Bid Documents may be obtained from the Town Clerk's Office, . 53095 Main Road, Southold, New York, upon payment of a $25.00 fee (no refunds) . All bids must be signed and sealed in envelopes plainly marked "Bid on Bulkhead Repair and Replacement" and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state or local, from which the Town of Southold is exempt. DATED: April 23, 1991. JUDITH T. TERRY SOUTHOLD TOWN CLERK BID PROPOSAL REPLACE AND REPAIR BULKHEAD GULL POND/KLIPP PARK CONTRACT NAME OF BIDDER (o� ._LI C^ TO: SOUTHOLD TOWN BOARD TOWN HALL - 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 the Contract Documents dated 4/8/86, including Bidding Requirements, Contract, General, and Special Conditions, Specifications, Contract DXawings, and Addenda, if any (Note: Acknowledgement of Addenda ant their dates must be including 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 the proposes and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Owner (see specifications) and to perform all the work required to construct, perform and complete the work at: Klipp Park at Gull Pond Greenport, NY 11944 and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by James Richter, RA, Southold Town Highway Department, Peconic Lane, Peconic, NY 11958, and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Owner, he will accept, in full payment thereof as listed below: Provide and install 350+/- linear feet of new 2 X 10 creosote treated T & G wood sheeting, provide and install 330+/- linear C1 to feet of new bulkhead, remove existing chain link fence, flagpole for reuse by the Town, provide and install new wood piles, remove existing culvert & replace with 24" polyethylene pipe for the following lump sum price to wit: (written in words) W And he further agrees that if this proposal shall be accepted by the Owner and that if he shall refuse, fail or neglect to enter into a contract pursuant to such proposal and to the requirements of the owner and shall fail to give the required security within ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Owner as liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of the receiving bids. We the undersigned, bid and shall remain days, the Owner will agreement may extend Signature of Bidder: further agree that this in effecto period accept or �j c t this time r . /// 1. ble i;. wi QV? SJ .Sf proposal is a formal of forty-five (45) roposal or by mutual �eC.r�T2I`({_ I Y�Qcc..SurPl` Business Address: u.c.Q.__ Telephone Number Date t -AS -.91 C2 STATEMENT OF NON -COLLUSION (To be Completed by Each Biddcr) 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 or any public department, agency, or official thereof or to a fire district or ani, 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 mater 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 'nave 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 recording the accuracy of the statements contained in this certification, and under the statements contained in this certirication, 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 L.half. C. That attached hereto (if a corporate bidder) is a certified copy of resolution author- izing the execution of this certificate by the signator of this bid or proposal in behelf of the corporate bidder. C3 RES 0LUT IO^1 Res3lved that (Name or Corporation) out^'orized to sign and submit the bid or proposcl of this corooratlon For the igll `'Jinn project 8ilkX ea_d kep,,r• (-,Pee ),,aol,i_� u Descri�_-e Project 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 i•Aunici'DoI Lav as the ccand deed of such corporation, and for any inaccuracies or mis-statements in such certificate this corpotcte bidder shall be liable under the penalties of perjury. The foregoing is a true and correct copy oft e resolution adopted by � 1CSlQn mid lgs5oL;P,+eS Tw-. corporation at a meet- , ing of the Board of Directors held on the OAL day of (SEAL. OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965. , 19� C4 rl s NEW YORK STATE AFFIRM_T I'•.%E ACTION CERTIFIC.=1T10;"1 (TO BE COiMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for aviord of c contract under this Invitation For Bids unless such bidder has submitted as a part of its bid the following certification, which :/ill be deemed a part of the resulting contract: BIDDER'S CERTIFICATION C.heSler4;e/o( Y7xA,, (Bidc_r) certifies that: 1 . it intends to use the following listed construction trades in the work under the contract YNQC_L?X2►LDEQS OtOL C(ZS1 09MP O S ; and, 2. C. as to those trades set Forth in the preceding paragraph one hereof for which it is eligible under Pcrt I of these Bid Conditions for participation in the Nassau -Suffolk County Plan it will comply with the said County+' area within the scope of coverage of that Plan, those trades being: ISS L 1 Si D &E,04C and/ or, b. as to those trades for which it is required by these Bid Conditions to comply with Part 11 of these Bid Conditions, it adopts the minimum minority "man- power utilization goals and the specific affirmative action steps contained in said Part 11, for all construction work (both state and non -state) in the afore—mentioned area subject to these Bid Conditions, those trades being: A5 Li,,g n�o�iE and, 3. it will obtain from each of its subcontractors and submit to the contracting or admin— istering agency prior to the award of 'r� '� b ontra for under this contract the sub— contractor certification required by th�j' i Cored tions. i (Sicnaturr Aut ri ed Representative of Bidder) C5 --� TideliOand Deposit Genpany HomE orricF. OF MARYLAND BALTIMORE, AID. 21203 2111D BOND KNOW ALL MCN BY TIIESIi PRESENTS: Chesterfield Associates, Inc. Tlratwe, the undersigned ..................................................................................... ............................................................ ........ --Country-Rd.-,-.-W.esthamp-ton--Leach-,---NY--11-9.7-a ------- ------------------------------------------------------ as Principal, and FIDELITY AND DiEroslr COMPANY OF )MARYLAND as Surety, are hereby held and firmly bound unto Town _ of -_South . --.............................................................. ............................... ----.....---...............--------.....-•-•------------•---••-•..........---...---•-•...... Five Percent (5s) of the amount bid inthe penal sum of ........ ---................................................................................................................................................. for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our Heirs, executors, administrators, successors and assigns. Signedthis -----------------------------30th-----------.....-----day of---------•-.May...-----------.....-----•--•--•---------Iy 91--- TIIE CONDITION OF THE ABOVE OBLIGA'T'ION IS SUCH, 'That, WHEREAS the Principal has submitted to ................................................. Town of Southold, NY --------------------------------------- a certain Bid, attached hereto and hereby made a part hereof, to enter into a contract in writing, for the Bulkhead Repair and Replacement at Klipp Park ....................... ----------------------------------------------------------------------------------------------------------------------------------------•---------------••---.-•---- -----_------------------------------------•-----------------------•----------------•------------•------------------------------------------------------------------.......----•---------•---. NOW, THEREFORE, (a) If said Bid shall be rejected, or, in the alternate (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection tlrerewitil, and shall in all other respects perform the agreement created by the acceptance of said Bid, 'I'hen, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. "The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety'and its bond shall I)e in no wiv impaired or affected by any extension of the time within which the Obligee may accept such bid; and said Surety docs hereby waive notice of any such extension. IN WI7'NI?SS WIIF,RI?OF, the Principal and the Surely have hereunto set their hands and seals, and such of them as are corporations have caused their corporate.scals to be hereto affixed and these presents to be signed by their proper oflicets, lie day and year first se forth above. 1�1 n C2424(NJ)— Chest4olip=3 d A fates, Inc. �... ._ •-------------------'►inti¢al--- 13Y............. 1:1 �]-------------------------------------------------- ...----•-------------------------------------J----....---...---....---...--...............---.... FIDELITY AND DLPOSIT COMPANY OF MARYLAND 13Y.............. . P�........................................ Ro rt G. Tynan, Attorney-in-fact Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND STA Tri O1..."dzd. ...... ss: -------------- COUNTY 0! ---- On this ---------------30 t ................. --------------day of ------------ AR -1 ------------------------_- ----- -- - -------- 19-11., before me personally appeared.......-. Ij I - ------------------------------------------------------------------------------------ ------ ------ --- - ------------------------------- with whorn I am personally acquainted, who, being by me duly sworn, did depose and say: That he resides at. ..... � // --- ��o 4. -1 z_�/� . ........... — ----- that he is the ....... ns�_ ......... ofthe . ..... ...... ...... ------------------------------------------ ------ ------------- -- - ------_--_--_- the corporation described in and which executed the foregoing instrument; that he 1u1()%vs the c,,putitte :,e,tl of said corporation; that the seal thcruto affixed is such corporate seal; that it was so atfixed by order of the Bomd of I)ijCCt01S, and that he Signed his name thereto by like order. ........... .............. 9- X� JOAN K. LOWELL County NOTARY PUBLIC, State of New York No. 4894257, Suffolk County NV2305-10NI, 8-71 19079: . Commission Expires May 18, 1993 - ------------------------------- ==_-y .�=� --------------- Assistant "Oecretary Vice -President STATE OF MARYLAND SS: CITY OF BALTIMORE On this 8th day of June , A.D. 19 8 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 depo8eth 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. STATE OF New York SS: COUNTY OF ... Na.'95a.u_' ...................................... On this .................... 3/T M ................ ...................... ............ day of ................... ....... .............................................. 19.... .', before me personally appeared..... RQbQrt ... G Ty-nan ............... __ ...................................................................... with whom I am personally acquainted, who, being by me duly sworn, did depose and say: That he resides at ....... Garden..City., .. :NY .................... .............................................. that he is the .... At.torney-in-fact L 3 1 _ ...... ....................................................... FIDEL it � i� '-- ofthe ..................................... the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the seat 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. ............................. / ................................... .... * .... ...........; �i�................. 1 v t'�lic N- County BR11130-4M, 2-88 228036 1 /_ I -)t �1. 11nr 1,1^0l_ F ID.[1;1,11- ' AND DEJ10SY-l" CO1V MANY OF MARYLAND Statement (►f Financial Condition AS OF J U N F; 30, 1990 ASSE,'I'S Bonds...............................................................$ 209,091,526 Stocks.............. .._........ ...... ...... ............................ 209,344,327 RealK' -late. ....... .............................. .............................. 3,917,2112 Cash in Banks and Offices and Short 'I'et-n► Investments ............................... 5,2137,299 Premiun►s in C:o►n•se of Collection (less than 90 days old) ............................... 30,211,3713 Reinsurance and Other Accounts Receivable .......................................... 15,987,79(1 ---------- '1'crrAL Amirl"FED ASSI:'IS..... ............... .. ..............$ 473,1339,602 LIABILITIES, SURPLUS ANI) OTIll,"R FUNDS Reserve for Unearned 1'rcnlinol. .................. ... . . ......... .................$ 132,91313,034 Reserve for Claims and Claim Expensees................ ............. ......... 117,151,2132 ....... Reserve for 'faxes and I;x pensrs....................... 5,91311,6$9 Miscellaneous ........... ........................ 101891,207 TOTAL LIAIIII.FHFS. ........ 267,019,812 Capital Stock, Paid Up . ...................................... $ �i3O(►(►,(10(1 Surf,lis...................................................... 201,819,791 Surplus as regards Policyholders..................................................... 206,819,791 TOTAI............ ................................ ............................R 473,839,602 Securities carried at $3.100,230 in the above statement are deposited as required by Iliv. Se.ccn•ities carried on the basis prescribed by the Nalional Association of Inscn•anec Com n►issioners. On t1►e basis of June 30, 1990 markel (piolalions for all bonds and slacks owned, the Company's total admitted assets would be $478;453,758 and surplus as regards policyholders $211,433,947. 1. JOSvI'll J. GAI,I.Ac;lll;li. 'Treasurer of the FIDELITY AND DEPOSIT (: MPANY 01' MAltYI,AND, do hereby certify that the foregoing; OFFER, OF SURETY (To be Completed by Each Bidder) In the event the above Proposal is accepted and the undersigned is awcrded the Contract for the work, the undersigned offers as surety for fcithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed (Bidder) CERTIFICATE OF SURETY to be sinned by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded T' tosaid the (Bidder's Name) (Surety will execute the Surety Bonds as herein Company before provided. Signed: Authorized Official, Agent, or Attorney Do te: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. C6 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 all of the labor, materials and equipment required for the bulkhead repair and replacement at Klipp Park, Greenport, New York: The sealed bids, together with a Non -Collusive Bid Certificate and certified check or bid bond in the amount of five percent (5%) of the base bid, will be received by the Town Clerk at the Southold Town Hall, Main Road, Southold, New York, until 11:00 A.M., Thursday, May 30, 1991, 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. The Bid Documents may be obtained from the Town Clerk's Office, . 53095 Main Road, Southold, New York, upon payment of a $25.00 fee (no refunds) . All bids must be signed and sealed in envelopes plainly marked "Bid on Bulkhead Repair and Replacement" and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state or local, from which the Town of Southold is exempt. DATED: April 23, 1991. JUDITH T. TERRY SOUTHOLD TOWN CLERK co BID PROPOSAL REPLACE AND REPAIR BULKHEAD GULL POND/KLIPP PARK CONTRACT NAME OF BIDDER_ �S —100(-CQ/�(S�,L(�G/ 41 L�1/G . TO: SOUTHOLD TOWN BOARD TOWN HALL - 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 the Contract Documents dated 4/8/86, including Bidding Requirements, Contract, General, and Special Conditions, Specifications, Contract DXawings, and Addenda, if any (Note: Acknowledgement of Addenda ant their dates must be including 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 the proposes and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Owner (see specifications) and to perform all the work required to construct, perform and complete the work at: Klipp Park at Gull Pond Greenport, NY 11944 and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by James Richter, RA, Southold Town Highway Department, Peconic Lane, Peconic, NY 11958, and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Owner, he will accept, in full payment thereof as listed below: Provide and install 350+/- linear feet of new 2 X 10 creosote treated T & G wood sheeting, provide and install 330+/- linear Cl C0 feet of new bulkhead, remove existing chain link fence, flagpole for reuse by the Town, provide and install new wood piles, remove existing culvert & replace with 24" polyethylene pipe for the following lump sum price to wit: am 'Llmz (written in wor y� r� And he further agrees that if this proposal shall be accepted by the Owner and that if he shall refuse, fail or neglect to enter into a contract pursuant to such proposal and to the requirements of the Owner and shall fail to give the required security within ten (10) days after notice of the acceptance of said proposal., shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Owner as liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of the receiving bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Owner will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: 67-9-1 VI/ PPF -5 _C. Business Address:"j Of-) F c_oAtsTeLr,'T-_T-o/v zzyc C?D Q TON Pq UE . -Tz(_-rP, &.Y : 11QJi1 Telephone Number�� "-�Tf''j f -0031-1 Date s-C)b-q/ C2 Co 0 STATEMENT OF NOIR!-COLLUSION (To be Completed by Each Bidder) In accordance with Section 103-d General Municipal Law, effective Seatember 1, 1966, every bid or proposal hereafter made to a political subdivision of the State or any public department, agency, or official thereof or to a fire 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 knoviledge 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 'nave 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 wi I I 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 U --half. C. That attached hereto (if a corporate bidder) is a certified copy of resolution author- izing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. C3 9 RESOLUTION 6 Resoivec that S 100 C0A/,;Tieyf TiPk/ T?yC _ (Name of Corporation) authorized to sign and submit the bid or proposel of this corporation For the Following r project t �- �i��F� �rX� /17 6 1p �p Ilk , r -FEMO i11 (Descri_e Project) 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 Municicol Lav as the ect and deed of such corporation, and for any inaccuracies or mis-statements in such certificate this corporcte bidder shall be liable under the penalties of perjury. The foregoing is a true and correct copy of the resolution adopted by 1 _ ()I C�w�T-1� %� _ corporation at a meet- ing of the Board of Directors held on the T- day of M A y , 19�_ (SEAL OF THE CORPORATION) /,/, ,Vkr5jPf,w T, Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965. C4 0 NEW YORK STATE AFFIR/,i'TI',/- ACTION CERTIFICATIO^j (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of e contract under this Invitation for Bids unless such bidder has submitted as a part of its 'id the following certification, which v:ill be deemed e part of the resulting contract: BIDDER'S CERTIFICATION Q/VSTCU61_20AI /ISG (Bidd=r) certifies that: 1 . it intends to use the following listed construction trades in the work under the contract ' , - 621ECE LAY -1-4 IV A" ; and, 2. C. as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part I of these Bid Conditions for participation in the Nassau -Suffolk County Plan it will comply with the said County' area within the scope of coverage of that Plan, those trades being: and/or, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and 'rhe specific affirmative action steps contained in said Part II, for all construction work (both state and non -state) in the afore -mentioned area subject to these Bid Conditions, these trades being: ; and, 3. it will obtain from each of its subcontractors and submit to the contracting or admin- istering agency prior to the award of any subcontractor under this contract the sub- contractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) C5 OFFEP. OF SURETY (To be Completed by Each Bidder) In the event the above Pr000sal is accepted and the undersigned is awerded the Contract for the wort , the undersigned offers as surety for fcithful performance, bond and/or bonds to protect labor and material men, the following surety: ( )T=Gl4 JV70TWL -T/Il�i�2�/l�C C1�y .qyY SURETY CGMPAN Signed ?14 ,61,1CI-111— (Bidder) CERTIFICATE OF SURETY to be sinned by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded r to said the Bidder's Name) (Surety will execute the Surety Bonds as herein Company before provided. Signed: Authorized Official, Agent, or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. C6 1 UTICA MUTUAL INSURANCE COMPANY NEW HARTFORD, NEW YORK FF 707 BID or PROPOSAL BOND Know all Men by these Presents: THAT WE, Stout Construction Inc. 9 Un'o� v nue Islip} New York 11751 as principal, and the II�t VILfiTUAL INSURANCE COMPANY, a corporation of the State of New York, having its principal place of business in the Town of New Hartford, New York, as surety, are held and firmly bound unto Town of Southold Main Road Southold, New York as obligee, in the sum of Five Percent (5%) of amount bid DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 15th day of April 1991 WHEREAS, the said principal is herewith submitting its proposal for Bulkhead Repair & Replacement at Klipp Park, Greenport, New York THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be awarded the contract upon said proposal, and shall within the required number of days after the notice of such award enter into a contract and give bond for the faithful perform- ance of the contract, then this obligation shall be null and void; otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the bid of the said principal and the lowest amount for which the obligee may legally contract with another party to perform the said work if the latter amount be in excess of the former; but in no event shall the surety's liability exceed the penal sum hereof. -- - _- ----- -- ---------- UTICA ------- UTICA MUTUAL INSURANCE C0,10FANY . Marie ViVenzio Ai2ocn:.y :n• art ..:.�1�iT'W �• - • ...•MUMS�N�%}.���'�i�a���A�il�'5l Siii� i!I �i,;'�,'�i?s . ITS:. �7�+'ii�•vlF!llil.k"(:�'...C,IIWi.-.iS':Z[{Nr'IF.IF�L4Y:i[VR54fY14!1N'!'N'dZRSlM[m4iii A"!YRAiANi"5 .Ai. ....,e.:}:.15.%yY"1PJI:i"YY�tlIYW'..'4N.'kW:N�IM:,ivs,y. UTICA MUTUAL INSURANCE COMPANY NEVV HARTFORD, NEW YORK N0.253 �. POWER OF ATTORNEY Know all men by these Presents. the UTICA MUTUAL INSURf:NCE COMPANY, a New York Corporation, having its pnncioai office rn the Town of New 'Hartford, County of Oneida. State of New York, does hereby make, constitute and appoint William F. Bindseil, Jr. , Marie ViVerizio, IrtaS:k S. Gur-sky Seldeu, New York its true and lawtul Atiorney(si-in-fact in their separate caoacity if more than one is narned above to make, sign, seal and deliver for and on its benalf as surety and as its act and deed (without power of recelecaaoni any and all bonds and undertakings and other writings obligatory in the nature thereof (except bonds guaranteeing the payment of principal and interest of notes, mortgage bonds and mortgages) provided the annOUr!t of no one bond or undertaking exceeds One Million and 00!1.00 Dollars (S 1 „000,,0fin_ On ). The execution of such bonds and undertaKings shall be as binding upon said UTICA .MUTUAL INSURANCE COMPANY as fully and to all intents and purposes as if the same had been duly executed and acknowledged oy its reguiady elected officers at its Home Office in New Hartford, New York. This Power of Attorney is granted under and by authority of the following resolution adopted by the Directors of the Ui!CA MUTUAL INSURANCE COMPANY on the 27th day of November, 1961. Resolved that the President or any vice-iliesaent• In conlunc von cath the Secretary or any Assistant be and Iney are hereby authorireo and erruu«e^at1 to aopu,nt Anornevs-n-i6'..t of the Company, !n us name aric as its a, -is. to t,ecute anu acknorti:uge !or and un as �er,att as Surety arty anu all ar,ds, recucin,zances, contracts of me umrnty and al; ofner wnungs obugatory in the nature treteof ,van powru to att2:cn ir;erato the seat of the Gonipww Any such wnt:ngs sp executed by suer. Allornevs-in-tact snail tie as cinaing upon the company as it iney had been dwv ac:enowleciged by the regciariv eiecteci Olf�ccrs 01 the Company in thea pwn propar F,ersuns ',"-'ow therefore the signatures at st.cn oih,.ers and the seat of the Company maybe wlu,ed to any sucn Rower of Attorney by a iacsim,ie, ane any such Puvier of Attorney beating such tacsim!te mgnatsres or :eat shall be valid and tinning upon the Company ' Jn 'Witness Whereof, the UTICA MUTUAL INSURANCE CO„hPANY has caused these presents to be signed by its Autnorized Officers, this 13 th_ _ day of UTICA MUTUAL INSURANCE COMPANY ecretary �! t q t Pres,cienf STATE OF NEW YORK COUNTY OF ONEIDA SS' On this 13th day of Attrrtsr 19 qn before me, a Notary Public in and for the State of New York, personally came WALLACE H. WATKINS and .;()HN P. SULLIVAN to me known, who acknowledged execution of the preceding instrument and, being by rnry duty sworn, do depose and say, that they are Prcsident and Secretary respectively of UTICA MUTUAL INSURANCE COMPANY; and that the seal affixed to said instrument is the corporate sea! of UTICA MUTUAL INSURANCE COMPANY; and that said corporate seal is affixed and their signatures subscribed to said instrument by authority and order of the Board of Directors of sald Corporation. !n Testimony Whereof, ' have hereunto set my hand at New Hartford, New York, the day and year ;first above waren. �NIIIlq !~ qAM 1 g 1 4 ;; Notary Puuln_ STATE O NEW YORK ' (, COUNTY Or ONEIDA ss: �� ���' John D. Yonkers — Assistant Secretary of the UTICA MUTUAL INSURANCE COMPANY oo hereby certify that the foregoing is a true and correct copy a; a Power of Attorney, executed by said UTICA fv1UTUAL IN'SUPANC;E COMPANY, which is still in full force ar•d ,effect. In Witness Whereof, 1 have hereunto set rti,i hand and af'rrxed the Seal of the id r,o;purctlon at New Hartfo; d, New York, this -15th day of `.A?riL 199]_ iS,sldN ;;,.-,.rLldry a -B-2 REV En i -ti ' ARNOWLEDGMENT OF SURETY i ❑ !Utica Mutual Insurance Company ❑ Graphic Arts Mutual Insurance Company STATE OF .......... New-.XRzk....... ss.: COUNTY OF ...... SiAf lk......... On this----- -15th. day of ................ APKU ................................ ............ 19 ... 91, before me personally came Marie ViVenzio-------------------------------to me known, who, being by me duly sworn, did depose and say: that he resides in .............. Setauket ....New. York.....-----------.....----------------------._._....................___... that he is Attorney -in -Fact of the Corporation described in and .which executed the attached instrument; that he knows the seal of said Corporation, that the seal affixed to said instrument is SUA coyporate seal; that it was so affixed pursuant to power conferred on him by a Power of Attorney granted to ifim V said Corporation and that he signed said instrument as Attorney- in -Fact of saidr Corp ation pursuant t6 such auth )rity. MARK S. GURSKY ARY p,RK IC. ` t' f ,A 0,^4 I atk NOT ffo .c Ccu t / f 475150. S- 1y7 TennExpl;e� tearefa 30, .......................................................................,------. -------------------- l NOTARY.' PUBLIC -- PRINCIPAL'S INDIVIDUAL ACKNOWLEDGMENT STATEOF .................................... ss.: K "I'IN'CY OF............................... On this ------------------------------day of.......................................................................... 19......... before me personally came •--------------------------------------------------------------------------•-------------•---------------.............---•--------------------. to me known and known to me to be the individual described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same. --•--•------•••----•-----------------•--•.......•-----------....----• •-•-----•--...•--•-•----------- NOTARY PUBLIC PRINCIPAL'S CO -PARTNERSHIP ACKNOWLEDGMENT STATE OF .............................. • .. ss.: COUNTY OF------------ .............. On this ------------------------------day of------------------------------------------------------------------------- 19......... before me personally came .........................•--._........---------.......--••---••------••-•----•-----•----••---••--••---••-------•-------•-------------- a member of the Co -partnership of to me known and known to me to be the person who is described in the foregoing instrument and he acknowledges that he executed the same as and for the act and deed of the said Co -partnership. ----------------•-----•-------....------------------------...._.._..----•-••-----•--•---------•------ NOTARY PUBLIC PRINCIPAL'S CORPORATE ACKNOWLEDGMENT STATE OF- ss.: COUNTY OF.'"""" �h On this ..4 -------------day of ....... M. .................................................. 199 1, before me personally ca:.ie �- 1 ..../----------- P.21.--------•-- -- -- , to me known, who, being by me J .. . duly sworn, did depose and say, that he resides in. _ b- ...... N------------- -----•- -------• i that he is...----- �� S DE+y .................. of ......... Z Cdv-�--.......',the Corporation described in and which executed the foregoing instrument; that he knows the Corporate Seal of said Corporation; and the Seal affixed to said instrument is such Corporate Seal; that it was so affixed by order of the Board of DirectorWLjj!ijL A*ion, and that he si his a ereto by like order. Notary Publtc, State of New York 4C46 No. 4685439 8-8-40 Ed. 7/74 Qualified in Suffolk County-, NOTARY PUBLIC 0 • UTICA MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT AS OF DECEMBER 31, 1989 From Annual Report Filed with New York Insurance Department ASSETS U.S. Governmental Direct and Guaranteed Bonds $ 267,250,696 All Other Bonds ........................ 632,618,576 Stocks ................................ 31,596,286 Mortgages ............................ -0- Cash................................. 8,512,217 Equities & Deposits in Pools and Associations .. 18,630,625 Premiums in Course of Collection ........... 44,211,201 Interest Due and Accrued .................. 20,684,614 Other Admitted Assets .................... 77,691,104 Total Admitted Assets ........ $1,101,195,319 Surplus Funds: Dividend Reserve ....... General Voluntary Reserve Special Contingent Surplus Divisible Surplus ........ Surplus as regards Policyholders LIABILITIES AND SURPLUS Reserve for All Losses ............... $ 552,328,468 Unearned Premiums ................. 187,271,411 Reserve for Claim Expense ........... 117,019,405 Dividends ......................... 6,830,540 Taxes Accrued ..................... 7,349,323 Federal Income Tax ................. 784,801 Miscellaneous Accounts Payable ....... 59,089,405 Total Liabilities .............. $ 930,673,353 ....... $ 1,101,027 ....... 1,500,000 ....... 1,700,000 ....... 166,220,939 ........... 170,521,966 Total ........................ $ 1,101,195,319 STATE OF NEW YORK COUNTY OF ONEIDA ss: WALLACE H. WATKINS, President of the UTICA MUTUAL INSURANCE COMPANY, New Hartford, New York, being duly sworn, says that he is the above described officer of said Corporation, and that on the 31st day of December, 1989, all of the assets shown above were the absolute property of the said Corporation, free and clear from all liens or claims thereon except as above stated, and that the foregoing statement is a full and true exhibit of all assets and liabilities of the said Corporation at the close of business December 31, 1989, according to the best of his knowledge, information and belief. Subscribed and sworn to before me the J ROSEMARY WADAS Notary Public In the State of New York Appointed in oneida county My commission Expires April 30,19,!0 8-B-50 Ed. 2-90 "V 17 LWuCA President Attest (0.-) r Secretary 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 all of the labor, materials and equipment required for the bulkhead repair and replacement at Klipp Park, Greenport, New York. The sealed bids, together with a Non -Collusive Bid Certificate and certified check or bid bond in the amount of five percent (50) of the base bid, will be received by the Town Clerk at the Southold Town Hall, Main Road, Southold, New York, until 11:00 A.M., Thursday, May 30, 1991, 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. The Bid Documents may be obtained from the Town Clerk's Office, 53095 Main Road, Southold, New York, upon payment of a $25.00 fee (no refunds) . All bids must be signed and sealed in envelopes plainly marked "Bid on Bulkhead Repair and Replacement" and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state or local, from which the Town of Southold is exempt. DATED: April 23, 1991. JUDITH T. TERRY SOUTHOLD TOWN CLERK ro BID PROPOSAL REPLACE AND REPAIR BULKHEAD GULL POND/KLIPP PARK CONTRACT NAME OF BIDDER TO: SOUTHOLD TOWN BOARD TOWN HALL - 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 the Contract Documents dated 4/8/86, including Bidding Requirements, Contract, General, and Special Conditions, Specifications, Contract DXawings, and Addenda, if any (Note: Acknowledgement of Addenda ant their dates must be including 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 the proposes and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Owner (see specifications) and to perform all the work required to construct, perform and complete the work at: Klipp Park at Gull Pond Greenport, NY 11944 and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by James Richter, RA, Southold Town Highway Department, Peconic Lane, Peconic, NY 11958, and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Owner, he will accept, in full payment thereof as listed below: Provide and install 350+/- linear feet of new 2 X 10 creosote treated T & G wood sheeting, provide and install 330+/- linear C1 Cr C* feet of new bulkhead, remove existing chain link fence, flagpole for reuse by the Town, provide and install new wood piles, remove existing culvert & replace with 24" polyethylene pipe for the following lump sum price to wit: C �C 1 q c- honl( e�, written in wo It M And he further agrees that if this proposal shall be accepted by the Owner and that if he shall refuse, fail or neglect to enter into a contract pursuant to such proposal and to the requirements of the Owner and shall fail to give the required security within ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the owner as liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of the receiving bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the owner will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: Telephone Number ( -, a') !oS3� c1 Date M ( N4 C2 00 Co STATEMENT OF NOIR!-COLLUSION (To be Completed by Each Bidder) In accordance with Section 103-d General Municipal Law, effective Seotember 1, 1966, every bid or proposal hereafter made to a political subdivision of the State or any public deportment, agency, or official thereof or to a fire 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 bf this bid, each bidder and each person signing on 6enalf of any bidder certifies, and in the case of a joint bid, each parry thereto certifies as to its own organization, under penalty of perjury, that to the best of knoviledge 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 wi I I 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 b,_ -half. C. That attached hereto (if a corporate bidder) is a certified copy of resolution cuthor- izing the execution of this certificate by the signator of this bid or proposal in behelf of the corporate bidder. C3 Resolved that RESOLUTION ame or Corporation) aut^orized to sign and submit the bid or proposal of this corporation for the following project (Descriie Project) \Cti[ t Y -n n,`i- 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 Lav as the act and deed of such corporation, and for any inaccuracies or mis-statements in such certificate this corporcte bidder shall be liable under the penalties of perjury. The foregoing is a true and correct coot' of the resolution adopted by -1fv-- . corporation at a meet- ing of the Board of Directors held on the ZCt day of ,19 81 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965. C4 0 0 NEW YORK STATE AFFIR1.,_T I':%E ACTION CERTIFICATION (TO BE CONYLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of e contract under this Invitation for Bids unless such bidder has submitted as a part of its 'id the following certification, which .-,rill be deemed a part of the resulting contract: BIDDER'S CERTIFICATION �L l -S (Bidder) certifies that: 1 . it intends to use the following listed construction trades in the work under the contract gL�pF-,Q 5 _ _,jJ50x5 ; ana, 2. C. as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part I of these Bid Conditions for participation in the Nassau -Suffolk County Plan it will comply with the said County*- area within the scope- of coverage of that Plan, those trades being: and/or, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non -state) in the afore -mentioned area subject to these Bid Conditions, those trades being: ; and, 3. it will obtain from each of its subcontractors and submit to the contracting or admin- istering agency prior to the award of any subcontractor under this contract the sub- contractor certification required by these Bid Conditions. (Signature of Authorized Represen.ative of Bidder) C5 UTICA MUTUAL INSURANCE COMPANY NEW HARTFORD, NEW YORK BID or PROPOSAL BOND FF 712 Know all Men by these Presents: THAT WE, South Shore Docks Inc., 102 Old Country Road, East Quogue, N.Y. 11942 as principal, and the UTICA MUTUAL INSURANCE COMPANY, a corporation of the State of New York, having its principal place of business in the Town of New Hartford, New York, as surety, are held and firmly bound unto Town of Southold Town Hall Main Road Southold, New York as obligee, in the sum of Five Percent (5%) of amount bid DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 29th day of May 19 91 WHEREAS, the said principal is herewith submitting its proposal for Bulkhead Repair & Replacement at Klipp Park, Greenport, New York THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be awarded the contract upon said proposal, and shall within the required number of days after the notice of such award enter into a contract and give bond for the faithful perform- ance of the contract, then this obligation shall be null and void; otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the bid of the said principal and the lowest amount for which the obligee may legally contract with another party to perform the said work if the latter amount be in excess of the former; but in no event shall the suretv'.s liability exceed the penal sum hereof. .....--�---�'I_ --' -- --- Ronald J. ish, V. PresidentPrincipal UTICA MUTUAL INSURANCE COMPANY By�.. :- Marie ViVenzioAttorre�/fn- act i &-"9 U. 1-6 UTICA MOfUAL INSURANCE CCOPANY NEW HARTFORD, NEW YORK POWER OF ATTORNEY N0.253 Know all men by these Presents. the UTICA MUTUAL_ INSURANCE COMPANY, a New York Corporation, having its principal office In the Town of New Hartford. County of Oneida. State of New York, does hereby make, constitute and appoint William F. Bindseil, Jr., Marie ViVenzio, Mark S. Gursky Selden, New York its true and lawful Attorneys) -in -fact in their separate capacity if more than one is named above to make. execute, sign, seal and deliver for and on its behalf as surety and as its act and deed (without power of redelegatfon) any and all bonds and undertakings and other writings obligatory in the nature thereof (except bonds guaranteeing the payment of principal and interest of notes, mortgage bonds and mortgages) provided the amount of no one bond or undertaking exceeds One 1 Million and 00 / 100 Dollars (S L, 000, 000 _ On I. The execution of such bonds and undertakings shall be as binding upon said UTICA MUTUAL INSURANCE COMPANY as fully and to all intents and purposes as if the same had been duly executed and acknowledged by its regularly elected officers at its Home Office in New Hartford, New York. This Power of Attorney is granted under and by authority of the following resolution adopted by the Directors of the UTICA MUTUAL INSURANCE COMPANY on the 27th day of November, 1961. Resolved. that the President or any vice -President, In conjunction with the Secretary or any Assistant Secretary be and they are hereby authorized and empowered to aupoinl Attorneys -in -184_1 or the Company, in its name and as Its a4_ls, to execute anu acknowjeuge lar anu un its uehan as Surety any ane all bongs, recognlzances. contracts of indemnify and all other writings obligatory in the nature thereof with power to attach thereto the seat of the Company Any such writings so executed by such Attorneys -m -tact shall be as binding upon the Company as it they had been duly acknowledged by the regularly elected Officers of the Company in their own proper persons "Now Therefore the signatures of such officers and the seal of the Company may be affixed to any such Power o1 Attorney by a facsimile, and any such Power of Attorney bearing such facsimile signatures or seal shall be valid and binding upon the Company " In Witness Whereof, the UTICA MUTUAL INSURANCE COMPANY has caused these presents to be signed by is AlrthnrizPd Officers. this 13th day Of August , 19 qp_ . a. UTICA MUTUAL INSURANCE COMPANY 4.y f J'�,µsv�,APN .� Secretary 1 914 9n Pres dent STATE OF NEW YORK j COUNTY OF ONEIDA I ss: J'!q * t.�', On this 13th day of _August- , 19 _ gn , before me, a Notary Public in and for the State of New York, personally came WALLACE H. WATKINS and JOHN P. SULLIVAN to me known, who acknowledged execution of the preceding instrument and, being by me duly sworn, do depose and say, that they are President and Secretary respectively of UTICA MUTUAL INSURANCE COMPANY; and that the seal affixed to said instrument is the corporate seal of UTICA MUTUAL INSURANCE COMPANY; and that said corporate seal is affixed and their signatures subscribed to said instrument by authority and order of the Board of Directors of said In Testimony Whereof, I have hereunto set my hand at New Hartford, New York, the day and year If !,r above written. r0eU91 STATE D- NEW YORKNo[w y '"'..ow-COj-!N ,' OF ONEIDAs' I John D. Yonkers Assistant Secretary of the UTICA MUTUAL INS`IRANCE COMPANY do hereby certify that the foregoing is a true and correct copy of a Forcer of Attorney. executed by said UTICA MUTUAL INSURANCE COMPANY, which is still in fui! force and effect. In Witness Whereof. I have hereunto set my hand and affixed the Seal of the aid Co oration at New Hartford. New York, this 29th day of May t 9 91 [ �tnsislanl j,.-r.ruler. H-8-2 REV Ed s-tla OCKNOWLEDGMENT OF SURETY • ® Utica Mutual Insurance Company ❑ Graphic Arts Mutual Insurance Company STATE OF .... New York ...... j ss.: COUNTY OF ................................ On this... 29th ----------------day of --------------------- may -................................ ............19...91., before me personally came --........................arie..V1,.VP_x z1.Q..-----------------------...----------------------.........to me known, who, being by me duly sworn, did depose and say: that he resides in .............. Sethuket.,..New...Yo k.......---.........................................................---.... that he is Attorney -in -Fact of the Corporation described in and which executed the attached 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 pursuant to power conferred on him by a Power of Attorney granted to him by said Corporation and that he signed said instrument as Attorney- in -Fact of said Corporation pursuant to such auth )rity. WUJAM l: g1NDSM" JR_ NotarS► Nstate Of NOW York o. 52-02946 ------ --- -- --.. .. ...---•----- •. . ..... .... conSWJ Qual ed InNessau.31, NOTARYPUBLIC �'omm:ss�dn Expires Q'c • 31. PRINCIPAL'S INDIVIDUAL ACKNOWLEDGMENT STATE OF ------------------- --------------- ss.: COUNTY OF ............................... On this .............................. day of.......................................................................... 19......... before me personally came ------------------•----------...----------•---...---------•-------...-----------------•---•---------------------------•---•............-••-•-...., to me known and known to me to be the individual described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same. --...----•.........-•-•-•----••-••-••--•......•••••-••---.....-••--••----•••--•-•••-••--•-•-••---•••- NOTARY PUBLIC PRINCIPAL'S CO -PARTNERSHIP ACKNOWLEDGMENT STATEOF .................................... ss.: COUNTYOF ............................... On this..............................day of.......................................................................... 19......... before me personally came -------------------------------------------------------------------------------------------------------------------------------------- a member of the Co -Partnership of -----------------------------------------------------------------------------------------------f to me known and known to me to be the person who is described in the foregoing instrument and he acknowledges that he executed the same as and for the act and deed of the said Co -partnership. ------------------------------------------•-----------.....................-••--••••......••••--••. NOTARY PUBLIC PRINCIPAL'S CORPORATE ACKNOWLEDGMENT STATE OF....Ne`nr..Yozk............. ss.: COUNTY OF ---- Suffolk.......... On this... 29.th.................day of ............... May .................................................... 19.x.1.., before me personally came ......................... Ronald-J.---Barnish............................................... ............................. to me known, who, being by me duly sworn, did depose and say, that he resides in .................... East--QuogueT--New..Yark--------------------------------------- ; that he is ....... Vice..President .............. of -------- South-Sham-.Docks--Inc-.-----...................................................... the Corporation described in and which executed the foregoing instrument; that he knows the Corporate Seal of said Corporation; and the Seal affixed to said instrument is such Corporate Seal; that it was so affixed by order of the Board of Directors of said Com r�%VpgpjojWhA3R.he Signe-hisJlname thp= order. Notary Puylis, State of New York No. 52-o2946W G �2 ..... 8-B-40 Ed. 7/74 Qualified inNassaucou d NOTARY PUBLIC r- .rrWftt-len ExAires Dec. 31. — 0 0 UTICA MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT AS OF DECEMBER 31, 1989 From Annual Report Filed with New York Insurance Department ASSETS U.S. Governmental Direct and Guaranteed Bonds $ 267,250,696 All Other Bonds ........................ 632,618,576 Stocks ................................ 31,596,286 Mortgages ............................ -0- Cash................................. 8,512,217 Equities & Deposits in Pools and Associations .. 18,630,625 Premiums in Course of Collection ........... 44,211,201 Interest Due and Accrued .................. 20,684,614 Other Admitted Assets .................... 77,691,104 Total Admitted Assets ........ $1,101,195,319 STATE OF NEW YORK COUNTY OF ONEIDA ss: Surplus Funds: Dividend Reserve ....... General Voluntary Reserve Special Contingent Surplus Divisible Surplus ........ Surplus as regards Policyholders LIABILITIES AND SURPLUS Reserve for All Losses ............... $ 552,328,468 Unearned Premiums ................. 187,271,411 Reserve for Claim Expense ........... 117,019,405 Dividends ......................... 6,830,540 Taxes Accrued ..................... 7,349,323 Federal Income Tax ................. 784,801 Miscellaneous Accounts Payable ....... 59,089,405 Total Liabilities .............. $ 930.673,353 $ 1,101,027 ..... 1,500,000 ..... 1,700,000 ..... 166,220,939 .......... 170,521,966 Total ........................ $ 1,101,195,319 WALLACE H. WATKINS, President of the UTICA MUTUAL INSURANCE COMPANY, New Hartford, New York, being duly sworn, says that he is the above described officer of said Corporation, and that on the 31st day of December, 1989, all of the assets shown above were the absolute property of the said Corporation, free and clear from all liens or claims thereon except as above stated, and that the foregoing statement is a full and true exhibit of all assets and liabilities of the said Corporation at the close of business December 31, 1989, according to the best of his knowledge, information and belief. Subscribed and sworn to before me the 6 rLF "YX et'7- c LC,' t'�Q,Q" , ROSEMARY WADAS Notary Public In the state of New York Appointed in Oneida County CI My Commission Expires April 30, 19. 0 8-B-50 Ed. 2-90 President Attest r c2L . Secretary 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 all of the labor, materials and equipment required for the bulkhead repair and replacement at Klipp Park, Greenport, New York: The sealed bids, together with a Non -Collusive Bid Certificate and certified check or bid bond in the amount of five percent (50) of the base bid, will be received by the Town Clerk at the Southold Town Hall, Main Road, Southold, New York, until 11:00 A.M., Thursday, May 30, 1991, 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. The Bid Docdments may be obtained from the Town Clerk's Office, 53095 Main Road, Southold, New York, upon payment of a $25.00 fee (no refunds) . All bids must be signed and sealed in envelopes plainly marked "Bid on Bulkhead Repair and Replacement" and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state or local, from which the Town of Southold is exempt. DATED: April 23, 1991. JUDITH T. TERRY SOUTHOLD TOWN CLERK rr co BID PROPOSAL REPLACE AND REPAIR BULKHEAD GULL POND/KLIPP PARK CONTRACT NAME OF BIDDERJ \ W /h �-� r•e TO: SOUTHOLD TOWN BOARD TOWN HALL - 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 the Contract Documents dated 4/8/86, including Bidding Requirements, Contract, General, and Special Conditions, Specifications, Contract Drawings, and Addenda, if any (Note: Acknowledgement of Addenda ant their dates must be including 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 the proposes and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Owner (see specifications) and to perform all the work required to construct, perform and complete the work at: Klipp Park at Gull Pond Greenport, NY 11944 and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by James Richter, RA, Southold Town Highway Department, Peconic Lane, Peconic, NY 11958, and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Owner, he will accept, in full payment thereof as listed below: Provide and install 350+/- linear feet of new 2 X 10 creosote treated T & G wood sheeting, provide and install 330+/- linear C1 co feet of new bulkhead, remove existing chain for reuse by the Town, provide and install remove existing culvert & replace with 24" the following lump sum price to wit: link fence, flagpole new wood piles, polyethylene pipe for (written in word And he further agrees that if this proposal shall be accepted by the Owner and that if he shall refuse, fail or neglect to enter into a contract pursuant to such proposal and to the requirements of the Owner and shall fail to give the required security within ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Owner as liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of the receiving bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Owner will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: 61 Telephone Number __ S/ — (�6 fc�' Date C2 STATEMENT OF NON -COLLUSION (To be Completed by Each Bidder) In accordance with Section 103-d General Municipal Lave, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State or any public department, agency, or official thereof or to a fire 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 or 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, directiy 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 LAcilf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution author- izing the execution of this certificate by the signator of this bid or proposal in behelf of the corporate bidder. C3 RES 0LUT 10N Resolved that Z�f')c 6��Gyi�e 1� 1 �.� (Name or Corporation) out ;ori=ed to sign and su mit the bid or proposal of this corporation for the fol lowing projectes�.�?f e - (Describe Project) 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 Municico l Lav as the ect and deed of such corporation, and for any inaccuracies or mis-statements 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 meet- ing of the Board of Directors held on the cf coy of —P 19 (SEAL OF THE CORPORATION) Cv La\:•s of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965. C4 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATIO J (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of e contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed c part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) certifies that: 1 . it intends to 'Use the following listed construction trades in the work under the contract �`�G� �a Lir and, 2. C. as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part I of these Bid Conditions for participation in the Nassau -Suffolk County Plan it will comply with the said Countyr area within the scope of coverage of that Plan, those trcdes being: ; ano/or, b. as to those trades for which it is required by these Bid Conditions to comply with Part 11 of these Bid Conditions, it adopts the minimum minority man- power utilization goals and 'rhe specific affirmative action steps contained in said Part II, for all construction work (both state and non -state) in the afore—mentioned area subject to these Bid Conditions, those trades being: and, 3. it will obtain from each of its subcontractors and submit to the contracting or admin— istering agency prior to the award of any subcontractor under this contract the sub— contractor certification required by these Bid Conditions. 4(Si9ZnatureLoF Authorized R resen tive of Bidder) C5 OFFER, OF SURETY (To be Completed by Each Bidder) In the event the above Proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for fcithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed (Bidder) CERTIFICATE OF SURETY to be sinned by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded T' to said the (Bidder's Name) (Surety will execute the Surety Bonds as herein 1.ompany before provided. Signed: Authorized Official, Agent, or Attorney Do te: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. C6 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 all of the labor, materials and equipment required for the bulkhead repair and replacement at Klipp Park, Greenport, New Yorks. The sealed bids, together with a Non -Collusive Bid Certificate and certified check or bid bond in the amount of five percent (50) of the base bid, will be received by the Town Clerk at the Southold Town Hall, Main Road, Southold, New York, until 11:00 A.M., Thursday, May 30, 1991, 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. The Bid Documents may be obtained from the Town Clerk's Office, 53095 Main Road, Southold, New York, upon payment of a $25.00 fee (no refunds) . All bids must be signed and sealed in envelopes plainly marked "Bid on Bulkhead Repair and Replacement" and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state or local, from which the Town of Southold is exempt. DATED: April 23, 1991. JUDITH T. TERRY SOUTHOLD TOWN CLERK BID PROPOSAL REPLACE AND REPAIR BULKHEAD GULL POND/KLIPP PARK CONTRACT NAME OF BIDDER ��"P�� " TO: SOUTHOLD TOWN BOARD TOWN HALL - 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 the Contract Documents dated 4/8/86, including Bidding Requirements, Contract, General, and Special Conditions, Specifications, Contract DXawings, and Addenda, if any (Note: Acknowledgement of Addenda ant their dates must be including 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 the proposes and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Owner (see specifications) and to perform all the work required to construct, perform and complete the work at: Klipp Park at Gull Pond Greenport, NY 11944 and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by James Richter, RA, Southold Town Highway Department, Peconic Lane, Peconic, NY 11958, and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Owner, he will accept, in full payment thereof as listed below: Provide and install 350+/- linear feet of new 2 X 10 creosote treated T & G wood sheeting, provide and install 330+/- linear C1 • feet of new bulkhead, remove existing chain for reuse by the Town, provide and install remove existing culvert & replace with 24" the following lump sum price to wit: (written in words) (• link fence, flagpole new wood piles, polyethylene pipe for And he further agrees that if this proposal shall be accepted by the Owner and that if he shall refuse, fail or neglect to enter into a contract pursuant to such proposal and to the requirements of the Owner and shall fail to give the required security within ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Owner as liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of the receiving bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Owner will accept or reject this proposal or by mutual agreement may extend this time period. - Signature of Bidder: Business Address: C 11_p �°` 4fEe -r_ �C 6 f It, -41 ,tea - j2fxillcez /,,./y 117f -Z, Telephone Number 5'&3'/ 77 4, Date C2 00 o 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 or cry public department, agency, or official thereof or to a fire 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 othervvise required by law, the prices which have been quoted in this bid 'nave 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 certirication, 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 b_Aalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution author- izing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. C3 RES 0LUT IO N Resoived that ��Ib 41f%Z/.7/� lJ�i�J�i�AL C�e.�)TICAC✓`7•t%��j✓C (Name or Corporation) authori=ed to sign and submit the bid or proposal of this corporation for the fo!lowino Project_ Descrioe Project) 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 ivluniciccl Lav as the act and deed o, such corporation, and for any inaccuracies or mis-statements in such certificate this corporcte bidder shall be liable under the penalties of perjury. The foregoing is a true and correct copy of the resolution adopted by � AJfC (.,d nl�J"XAC%I.1%�- corporation at a meet- ing of the Board of Directors held on the day of M;ty , 19 _ (SEAL OF THE CORPORATION) .YDS/��n,iT Lo\vs of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965. C4 NEV/ YORK STATE AFFI° .','T (',%= ACTION CERTIFIC.`,TIO; 1 (TO BE COiMPLETED SY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award cf e contract under this Invitation For Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed e part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) — certifies that: 1 . it intends to use the following listed construction trades in the work under the contract eo gs-1z1NF Cr r ve4A'L 7Ci�+crw& _Z-3 c . Al , e- e- eb^gc.tTL -7 's Pif-ViCcT PV/1/74 DwAy YVO.CiC 64Gc . A/o a d - Dov ?XRc ra .cS J�✓/�t �6L NG c �SS�r2 y ; and, 2. C. as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part I of these Bid Conditions for participation in the Nassau -Suffolk County Plan it will comply with the said Countyr area within the scope of coverage of that Plan, those trades being: ; and/or, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non -stare) in the afore -mentioned area subject to tf ase Bid Conditions, those trades being: and, 3. it will obtain from each of its subcontractors and submit to the contracting or admin- istering agency prior to the award of any subcontractor under this contract the sub- contractor certification required by these Bid Conditions. ` i,40'L (Signature of Authorized Re resentati a of Bidder) C5 New York Surety Company 80 Cutter Mill Road Great Neck, NY 11021 Bid Bond Bond #: 27195 B KNOW ALL MEN BY THESE PRESENTS, that we COASTLINE GENERAL CONTRACTING, INC. (Here insert full name and address or legal title of Contractor) River Road, Sayville, New York, 11782 as Principal, hereinafter called the Principal, and NEW YORK SURETY COMPANY 80 Cutter Mill Road, Great Neck, New York, 11021 a corporation duly organized under the laws of the State of NEW YORK as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) TOWN OF SOUTHOLD, New York as Obligee, hereinafter called the Obligee, in the sum of *** FOUR THOUSAND TWO HUNDRED FIFTY Xx/100 *************************************************** Dollars ($ 4.250.00 � 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 (Here insert full name, address and description of project) Bulkhead Repair & Replacement at Kipp Park NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the 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. fai!h' 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. 91) Signed and sealed this 29th day of d' , 19 1 C7L COASTLINE GENERAL CONrRACTNG , INC . .litiJ2� f /.�i/✓•r�2�+?�JcJL-1 ' ( rt cipal (i"eat) (Witness) (Title) Qf�- '-w4N Y r>Lv 1 ur (Seal) (Witness) Y: (Title) Edward J. htey, At ne -in-fact 1 13tate oft` ss. County of C E On this day of , 19 , before me personally came o to me known, Qand known to me to be the individual described in and who executed the foregoing instrument, and acknowledged tome that he executed the same. My commission expires Notary Public --------------------------------------------------------------------- State of ss. County of C EE On this day of , 19 , before me personally came _ v ° to me known and known to me = 3 0 C U to be a member of the firm of Q described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires Notary Public --------------------------------------------------------------------- r State of ss. County of On this /day of 19g, before me personally came c . a E to me known, rn o who being by me duly sworn, did depose and say that he is the _ Y Q of -h the corporation described in and which executed the above instrument; that he knows thrs 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. IP.ENE B. Tiate AN of NOTA0.Y ruBLIC, sia�e of Nwv Yon {t 52-45D9lk My commission expires s.,uolk c°am9 c°^ mj.. °^ ' •�"e —"h '" ' 3i f L — Notary Public State of New York County of Nassau ss. On this 29th day of May _'1991 , before me personally came c Edward J. Farshtey to me known, who, being by me duly sworn, did depose and say that v o he is an attorney-in-fact of New York surety Company V the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal Q affixed to the within instrument is such corporate seal, and that he signed the saidinstrument andaffixed the said seal as Attorney -in -Fact by authority of the Board of DEectorsofFSaf 6gt Uporation and by authority of this office under the Standing Resolutions thereof. NOTARY PUBLIC, BBLIC, State of New Yolk r— No. 4931153 My commission expires' Qualified in Non Cqurtty ' Commission Expiros May 9, 1992 Notary Public FORM N 13 25M NEW YORK SURETY COMPANY 80 CUTTER MILL ROAD GREAT NECK, NEW YORK 11021 STATEMENT OF ASSETS, LIABILITIES AND SURPLUS AT DECEMBER 31, 1990 ASSETS Bonds................................................................................................................................................................ $1,036,196 Cash& bank deposits....................................................................................................................................... 1,133,684 Shortterm investments..................................................................................................................................... 4,149,320 Agents' balances or uncollected premiums...................................................................................................... 57,928 Funds held by or deposited with reinsured companies..................................................................................... 283,179 Reinsurance recoverable on loss payments..................................................................................................... 75,910 Interest and dividends due and accrued........................................................................................................... 76,142 Receivable from parent, subsidiaries and affiliates.......................................................................................... 435,000 Cashheld as collateral..................................................................................................................................... 4,429,720 TOTALASSETS................................................................................................................................... $11,677,079 LIABILITIES AND SURPLUS Losses and loss adjustment expense............................................................................................................... $2,523,371 Unearnedpremiums......................................................................................................................................... 1,692,932 Federaland income taxes................................................................................................................................ 310,627 Funds held by company under reinsurance treaties......................................................................................... 60,769 Amounts withheld or retained by company for account of others..................................................................... 4,429,720 Otherliabilities.................................................................................................................................................. 550,594 TotalLiabilities...................................................................................................................................... 9,568,013 Capitalpaid-up.................................................................................................................................................. 1,000,000 Gross paid -in & contributed surplus.................................................................................................................. 500,000 Unassignedfunds............................................................................................................................................. 609,066 Surplus as Regards Policyholders........................................................................................................ 2,109,066 TOTAL LIABILITIES AND SURPLUS................................................................................................... $11,677,079 I, DAVID E. FLATOW, President of New York Surety Company, certify that the foregoing is a fair statement of Assets, Liabilities and Surplus of this Company as of the close of business, December 31, 1990 as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New York. IN TESTIMONY WHEREOF, I have set my hand and affixed the seal of the Company this 28th day P�SURE1'y co February 1991 C)0- 0RAT, 0PP0-10 ?i Z o SEAL 7 NEW YORK SURETY COMPANY 1983 f "Fw YoP� CL�y' President 0 New York Surety Company Executive Offices 80 Cutter Mill Road Great Neck, NY 11021 KNOW ALL MEN BY THESE PRESENTS: 11 All authority hereby conferred, unless revoked earlier, shall expire and terminate, without notice, unless used before midnight of December 31, 1991. POWER OF ATTORNEY Bond No.: mso 27195 B That New York Surety Company does hereby appoint: * Edward J. Farshtey its true and lawful Attorney(s)-in-Fact, each individually if there be more than one named, to make, execute, sign, acknowledge, affix the Company Seal to, and deliver any and all surety bonds, undertakings, recognizances, and other contracts of indemnity and writings obligatory in the nature of a bond, for and on behalf of said Companyand as act and deed of said Company, not to exceed *** FOUR THOUSAND TWO HUNDRED FIFITY x/100 ($4,250.00) DOLLARS ******any single instrument. IN WITNESS WHEREOF, New York Surety Company has executed these presents *0 UREI y P� r� 29th May 91 p Q,PORq> > this d 19 w O Seal m z FwYo� David E. Flatow, President STATE OF NEW YORK COUNTY OF NASSAU s.s.: On this 29th day of May , 19 91 before me came the above named officer of N2w York Surety Company of New York, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instru- ment and affixed the seal of said corporation thereto by authority of his office. /1 ELI BE H G. S1ACCONE NOTARY PUBLIC, State of New York No. 4838158 Qualified in Nassau County Commission Expires Jan. 31, 1992 THIS DOCUMENT IS VOID IF IT DOES NOT BEAR ORIGINAL SIGNATURE OF A COMPANY OFFICER. CERTIFICATE Excerpts of Resolutions adopted by the Board of Directors of New York Surety Company: March 31, 1987. RESOLVED, that solely in furtherance of the Company's surety business, the Chairman of the Board, the Presi- dent, or a Vice President of this Company hereby is authorized to appoint Attorneys -in -Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach the corporate seal of the Company to such documents; RESOLVED that the signature and attestation of such officer affixed to any such Power of Attorney must be original in order that the said Power of Attorney be valid and binding upon this company; the seal of the Company and any certification by the Company's secretary relating to such Power of Attorney may be affixed by facsimile. RESOLVED, that any such Attorney -in -Fact may deliver a certification that the foregoing Resolutions are still in effect and may insert in such certification the date of the certification but that date may not be later than the date of delivery of the certification by the Attorney -in -Fact. I, Edward J. Farshtey, Assistant Secretary of New York Surety Company, do hereby certify that the foregoing ex- cerpts of the Resolutions adopted by the Board of Directors of the corporation and the Powers of Attorney issued pursuant thereto, are true and correct and that both the Resolutions and Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of the corporation this 29th day of May , 19 91. r(S REry O R,, 0 m eal w.roP Edward J. Firs y, Assistant ecretary OFFER. OF SURETY (To be Completed by Each Bidder) In the event e above Proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for fcithful performance, bond and/or bonds to protect labor and material men, the following surety: RETY CCMPANY Signed (Bidder CERTIFICATE OF SURETY to be sinned by a duly authorized official, agent or attorney or the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) (Surety will execute the Surety Bonds as herein ,, ompany before provided. Signed: Authorized Official, Agent, or Attorney Date : IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. C6 ��n►,.,�;;'�..^ai��s'��.+�Irr1�,�r moi•"+-+ 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 all of the labor, materials and equipment required for the bulkhead repair and replacement at Klipp Park, Greenport, New York:. The sealed bids, together with a Non -Collusive Bid Certificate and certified check or bid bond in the amount of five percent (5%) of the base bid, will be received by the Town Clerk at the Southold Town Hall, Main Road, Southold, New York, until 11:00 A.M., Thursday, May 30, 1991, 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. The Bid Documents may be obtained from the Town Clerk's Office,. 53095 Main Road, Southold, New York, upon payment of a $25.00 fee (no refunds) . All bids must be signed and sealed in envelopes plainly marked "Bid on Bulkhead Repair and Replacement" and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state or local, from which the Town of Southold is exempt. DATED: April 23, 1991. JUDITH T. TERRY SOUTHOLD TOWN CLERK BID PROPOSAL REPLACE AND REPAIR BULKHEAD GULL POND/KLIPP PARK CONTRACT NAME OF BIDDER \ �C �/'l G �-,•er�• ��', %. �� TO: SOUTHOLD TOWN BOARD TOWN HALL - 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 the Contract Documents dated 4/8/86, including Bidding Requirements, Contract, General, and Special Conditions, Specifications, Contract Drawings, and Addenda, if any (Note: Acknowledgement of Addenda ant their dates must be including 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 the proposes and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Owner (see specifications) and to perform all the work required to construct, perform and complete the work at: Klipp Park at Gull Pond Greenport, NY 11944 and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by James Richter, RA, Southold Town Highway Department, Peconic Lane, Peconic, NY 11958, and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Owner, he will accept, in full payment thereof as listed below: Provide and install 350+/- linear feet of new 2 X 10 creosote treated T & G wood sheeting, provide and install 330+/- linear C1 feet of new bulkhead, remove existing chain link fence, flagpole for reuse by the Town, provide and install new wood piles, remove existing culvert & replace with 24" polyethylene pipe for the following lump sum price to wit: (written in word And he further agrees that if this proposal shall be accepted by the Owner and that if he shall refuse, fail or neglect to enter into a contract pursuant to such proposal and to the requirements of the Owner and shall fail to give the required security within ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Owner as liquidated_ damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of the receiving bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Owner will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: -- Business Address: Telephone Number Date S- 66)1 %/ C2 STATENAENT OF -NON-COLLUSION (To be Completed by Each Bidder) In accordance with Section 103-d General Municipal Law, effective Seotember 1, 1966, every bid or proposal hereafter made to a political subdivision of the State or cry public department, agency, or official thereof or to a fire district or any aeenc;., or official thereof for work or services performed or to be performed or roods said or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder cs true under the penalties of perjury; non -collusive bidding certification. a. By submission bf this bid, each bidder and each person sinning on behalf of any bidder certifies, and in the case of a joint bid, each Portly 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 indec-endently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices viith any other bidder or any competitor. (2) Unless other -.vise required by law, the prices which have been quoted in this bid 'nave not been knowingly disclosed by the bidder and viill not knowingly be disclosed by the bidder enior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or wi II 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 oenalties being applicable to the bidder, es well as the person signing in its Lehalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution author- izing the execution of this certificate•by the signator of this bid or proposal in behalf of the corporate bidder. C3 P,ESOLUT IO;! Resoivec thatC•.,,,� (f0 -,.j7 (Name of Corporcrion) r awl- Zed to sign and submit the bid or proposal of this corporation for the fo!I:,vrinaa projects /L�/\�i*y'/� lG [ / G kJ� �.3 ��C�/'!!2✓� !J r: (Descrice Project) and to include in such bid or proposal the certificate as to non -collusion reeuired °y section one -hundred -three -d (103-d) of the General ;vlunicipol Law as the act and deed of such corporation, and for any inaccuracies or mis-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is a true and correct copy oft e resolution adoptedv corporation at a meet- _ ` ing of the Board of Directors held on the day of 19 A (SEAL OF THE CORPORATION) Laws of Nevi York, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1955. C4 NE\"! YORK STATE AFFf';.',; T1'. ACTIOf,1 CERTIFfC.� :��, (TO BE CCtv1PLETED SY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for :ids unless such bidder has submitted as a part of its 'Zid the following certification, vvnicn viill be deemed c part of the resulting contract: BIDDER'S CERTIFICATION (bidee'j certifies that: 1 . it intends to use rhe follo%ling listed construction trades in the work under the contract 1,--7 i ; and, 2. e. as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part I of these Bid Conditions for participation in the Nassau -Suffolk County Plan it will comply with the said County* area within the scope of coverage of that Plan, those trcdes being: ; and/or, b. as to those trcdes for which it is required by these Bid'Conditions to comply with Part If of these Bid Conditions, it adopts the minimum minority roan - power utilization goals and the. specific affirmative action steps contained in said Part II, for all construction work (both state and non -state) in the afore -mentioned area subject to these Bid Conditions, these trcdes being: ; and, 3. it will obtain from each of its subcontractors and submit to the contracting or admin- istering agency prior to the award of any subcontractor under this contract the sub- contractor certification required by these Bid Conditions. Y ' / (Signature of Authorized U,presen.`ative of Bidder) C5 AGREEMENT OF SURETY In the event that the above proposal is accepted and the undersigned is awarded the contract for any or all items, the undersigned offers surety for full and faithful performance bond, and on bond to protect labor and materialmen, the following surety: Internatio al Fidelity Insurance Company (Suret Company) .Signed by: !`C��w 7U�'�� Daryi Hamilton Attorney-in-fact CERTIFICATE OF SURETY to be signed by a duly authorized official agent or attorney of the Surety Company. In the event that the above proposal is accepted and the contract for the work is awarded to said: K & R Marine -Construction (Name of Bidder) International Fidelity Insurance Company (Surety Company) will execute the performance bond as he;e�ntobefore provided. Signed by: Daryl Hamilton `Dated: May 29, 1991 ti 11 ,1 Authorized Attornev-in-Fact THE AMERICAN INSTITUTE - OF ARCHITECTS 1 I• AIA Document A370 Bid Bond BBSU # 851363-90 KNOW ALL MEN BY THESE PRESENTS, that we K & R Ma--:L-ie Constct_on, Trc_ (Mere insert full name and address or legal title of Centraczor) 1 Bay b-ar-y Road, Islin, New York 11751 as Principal, hereinafter called the Principal, and Inte_* :national Fidelity Insuranez Company (Here insert full name and address or legal (tile ofSurery� 24 Corr e_rza S = _et, Newarl_�, New Jersay 07102 a c-:rporation duly organized under the.laws of the State of New Jersey as Surety, hereinafter tailed the Surety, are held and firmly bound unto (Mere insert full name and address oraegal title of 0%.nerf Town of Southold as Obligee, hereinafter called the Obligee, in the sum of 5% amount bid Dollars (5 5% amt bid )r for the paynent 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 Bulk( era Meaderp�ar� nsrt .0 Klept Park, Greenport, New York NCW, THEREFORE, if the Obiige shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in ac=rdance with the terns of such bid, and give such bond or bonds as may be specified in the bidding or Contract Otic -.dents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal, to ,enter such C:.ntract and give such bond or.bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between dte amount specified in said bid and such larger amount for which the Obligee may in good faith contras: win another pa cry to perform the Work covered by said bid, then this obligation shall be null and void. otherwise to remain in full force and effect Signe j and sealed this 29th day of May 1991 K & R Ma --=^e Co:.st-_action. Inc. (Principal) �j (Seal) (Witness) (.�/� `✓! Com' . /' i�%? . (Fide) Int ' onal Fic ity insurance Cotttrarny (Sure ) (Seal) (Wlrnelsl _ / ✓rvt-C,�� l/ Dary _t:o mae) Attorney -=.-tact AIA 00C.:MENT A310 • BIO SC140 • AIA O • FEBRUARY 1970 ED • THE AMERICAN INSTMi:ic OF AR041TECTS. 1735 N.Y. AVE, N.W., WASHINCTON, D.C. 20006 �' State of ss. County of On this day of , 19 before me personally came to me known, and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged tome that he executed the same. My commission expires Notary Public ---------------------------------------------------------------------- State of ss. County of On this day of , 19 , before me personally came to me known and known to me to be a member of the firm of described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires Notary Public --------------------------------------------------------------------- State of New York ss. County of Nassau On this 29th day of may 19G1 before me personally came S o°' Robert Conwa E y to me known, — o+ 0 o who being by me duly sworn, did depose and say that he is the President K & R Marine Construction Inc. Q of the corporation described in and which executed the above instrument; that he knows the seal of said corporation; at the s al affixed to said instrument is such corporate seal; that it was so affixed by order of the. Boa directors of said corporation and that a signed his name thereto by like order. D,,A,ikiE Jg0',R'A.:?f3 Ujotary Public, Z,atc, rc ivevv York � My commission expires M v Notary Pc --------------6rrr,;'�;sr;io3:�:�iirsi,oiny�.1` — ——————— — — — — ——----------------- State of New York ss. County of Nassau On this 29th day of May 119 Gl , before me personally came C W E Daryl Hamilton to me known, who, being by me duly sworn, did depose and say that w o he is an attorney-in-fact of International Fidelity Insurance Company v the corporation described in and which executed the within instrument; that he knows the corporate seal of said qurporation; that the seal Q affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the sai 1 by authority of the Board of Directors of said corporation and by authority oft ih s`bffice under the Standing R Notary Pubha;, °,'arL= er Niew York / My commission expires uu'lxy Commission Expires !March 3a, 19 Pr)PV '4 1 N -- seat as Au ney n -Fact olutions t ereof INTERNATIONAL FIDELITY INSURANCE COMPANY 24 COMMERCE ST., NEWARK, NEW JERSEY 07102 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT DECEMBER 31, 1990 ASSETS Bonds (Amortized Value) ...................................... $53.525.061 Preferred Stock ............................................... 500.000 Common Stocks (Market Value) ................................ 1,542,365 Mortgage Loans on Real Estate ................................. 83,446 Real Estate .................................................. 54.260 Cash & Bank Deposits ......................................... 5,833.402 Short Term Investments ....................................... 7,173,553 Unpaid Premiums & Assumed Balances .......................... 1,367,667 Reinsurance Recoverable on Loss Payments ...................... 1,366,742 Federal income Tax Recoverable .............................. 990,000 Electronic Data Processing Equipment ........................... 239,643 Interest & Dividends Due and Accrued ........................... 1,149,473 Funds Held in Escrow Accounts ................................ 12,008,886 Collateral Funds Held Under Contract ........................... (12,008,886) Contract Balances Due and Unpaid .............................. 388,159 TOTAL ASSETS ................................. $74,213,771 LIABILITIES, SURPLUS & OTHER FUNDS Losses (Reported losses net as to reinsurance ceded and IN TESTIMONY WHEREOF, I have set my hand and affixed the seal of incurred but not reported losses) .............................. $27.507,375 Loss Adjustments Expenses ..................................... 9,480,267 Contingent Commissions & Other Similar Charges ................ 199,774 Other Expenses (Excluding taxes, licenses and fees) ................ 166.953 Taxes, Licenses & Fees (Excluding Federal Income Tax)............ 405.863 Unearned Premiums ........................................... 18.385.738 Funds Held by Company Under Reinsurance Treaties .............. 57.970 Accounts Withheld by Company for Account of Others ............ 12.146 Liability for Unauthorized Reinsurance .......................... 798,063 Liability for Uncashed Checks .................................. 57 TOTAL LIABILITIES ............................. $57.010,206 Common Capital Stock ........................................ 1,330,000 Preferred Capital Stock ...................................... 1,200,000 Gross Paid -in & Contributed Surplus ............................ 544,600 Unassigned Funds (Surplus) .... . ............................... 14,128,965 Surplus as Regards Policyholders .................... 17.203.565 TOTAL LIABILITIES, SURPLUS & OTHER FUNDS 574,213,771 I, Francis L. Mitterhoff, President of INTERNATIONAL FIDELITY INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets, Liabilities, Surplus and Other Funds of this Company, at the close of business, December 31, 1990, as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New Jersey. IN TESTIMONY WHEREOF, I have set my hand and affixed the seal of TY ! the Company, this February 28, 1991. L It v INTERNATIONAL FIDELITY INSURANCE COMPANY SEAL ^"' 19D4 �► Presid— BID PROPOSAL REPLACE AND REPAIR BULKHEAD GULL POND/KLIPP PARK CONTRACT NAME OF BIDDER L4TIMA SAND & ONVEL, INC. TO: SOUTHOLD TOWN BOARD TOWN HALL - 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 the Contract Documents dated 4/8/86, including Bidding Requirements, Contract, General, and Special Conditions, Specifications, Contract Drawings, and Addenda, if any (Note: Acknowledgement of Addenda ant their dates must be including 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 the proposes and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Owner (see specifications) and to perform all the work required to construct, perform and complete the work at: Klipp Park at Gull Pond Greenport, NY 11944 and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by James Richter, RA, Southold Town Highway Department, Peconic Lane, Peconic, NY 11958, and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Owner, he will accept, in full payment thereof as listed below: Provide and install 350+/- linear feet of new 2 X 10 creosote treated T & G wood sheeting, provide and install 330+/- linear C1 feet of new bulkhead, remove existing chain link fence, flagpole for reuse by the Town, provide and install new wood piles, remove existing culvert & replace with 24" polyethylene pipe for the following lump sum price to wit: ONE ONBR6d WNTY TWO T OUSOD SIX #UNBR6B 6Iq#TY FIVE (written in words) And he further agrees that if this proposal shall be accepted by the Owner and that if he shall refuse, fail or neglect to enter into a contract pursuant to such proposal and to the requirements of the Owner and shall fail to give the required security within ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Owner as liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of the receiving bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Owner will accept or reject this proposal or by mutual agreement may extend this time period. Signature of bidder: Business Address: 37725 M aLn Road P.O. Box 776 O&Lent, New yonk //957 Telephone Number (5/6) 323-2585 Date MaV 30, /99/ M T • STATEMENT OF -NON-COLLUSION (To be Completed by Each Bidder) In accordance with Section 103-d General Municipal Lave, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State or any public department, agency, or official thereof or to afire 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 bf 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 wi II 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 o` resolution author- izing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. C3 C7 RES 0LUT IO^1 • Resor ed thatL4T#4M SAND & MML, ZNC. (Name or Corporation) auihori_ed to sign and submit the bid or proposal of this corporation for the ;o!lowina Project RM4C6 Od RUM BULKflW GULL ROND/KLZRR MU Descri�_-e Project) and to include in such bid or proposal the certificate as to non -collusion required by section one -hundred -three -d (10.3-d) of the General Municicul Lav as the ect and deed of such corporation, and for any inaccuracies or mis-statements in such certificate this corporcie bidder shall be liable under the penalties of perjury. The foregoing is a true and correct copy of the resolution adopted by — LA%fl M SAND & GR ML, INC. corporation at a meet- ing of the Board of Directors held on the 29th day of Ma (SEAL OF THE CORPORATION) La% -,,s of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965. , 19 9/ C4 NEW YORK STATE AFFIRI:I_TIV= ACTION CERTIFIC.`,T10^-1 (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award a. e contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certiFicetion, which •:sill be deemed a part of the resulting contract: BIDDER'S CERTIFICATION SANS & MVCL (Bidder certifies that: INC. 1. it intends to use the following listed construction trades in the work under the contract Cc tpentea, l eaiaaten, OpenatLng CngLneen La.6onen and, 2. C. as to those trades set forth in the preceding paragraph one hereof For which it is eligible under Part I of these Bid Conditions for participation in the Nassau -Suffolk County Plan it will comply with the said County,- area within the scop? of coverage of that Plan, those trades being: Caaneaten, leainaten, Openati.ng Cngi.neen Labvnen a nd/or, 6, as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority'man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non -stare) in the afore -mentioned area subject to these Bid Conditions, those trades being: Cannenten, learnaten,peaatLng ngc.neen & Moven and, 3, it will obtain from each of its subcontractors and submit to the contracting or admin- istering agency prior to the award of any subcontractor under this contract the sub- contractor certification required by these Bid Conditions. (Signature of Auth 'zed Representative of Bidder) C5 OFFER. OF SURETY (To be Completed by Each Bidder) In the event the above Proposal is accepted and the undersigned is awcrded the Contract for the work, the undersigned offers as surety for fcithful performance, bond cnd/or bonds to protect labor and material men, the following surety: Assignment of certificate of deposit in the amount of $122,685.00 SURETY CCMPANY (The North Fork Bank & Trust Company) Signed J (Bi der C. Terry Latham, President Latham Sand & Gravel, Inc. CERTIFICATE OF SURETY to be sinned by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said Latham Sand & Gravel, Inc. the The North Fork Bank & Trust Company (Bidder's Mame) (Surety will execute the Surety Bonds as herein Company) before provided. Authorizedffikial, Agent, or Att r ey The North �rk Bank & Trust C pany Walter J. Krupski, Jr., Vice President Date: May 30, 1991 IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAYBE REJECTED. C6 BID PROPOSAL REPLACE AND REPAIR BULKHEAD GULL POND/KLIPP PARK CONTRACT NAME OF BIDDER J-�LAt-41G C04S� �)o TO: SOUTHOLD TOWN BOARD TOWN HALL — MAIN ROAD SOUTHOLD, NEW "ORK 11971 MEMBERS OF THE BOARD: -S, < ID, -ti 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 the Contract Documents dated 4/8/86, including Bidding Requirements, Contract, General, and Special Conditions, Specifications, Contract Drawings, and Addenda, if any (Note: Acknowledgement of Addenda ant their dates must be including 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 the proposes and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Owner (see specifications) and to perform all the work required to construct, perform and complete the work at: Klipp Park at Gull Pond Greenport, NY 11944 and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by James Richter, RA, Southold Town Highway Department, Peconic Lane, Peconic, NY 11958, and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Owner, he will accept, in full payment thereof as listed below: Provide and install 350+/- linear feet of new 2 X 10 creosote treated T & G wood sheeting, provide and install 330+/- linear C1 feet of new bulkhead, remove existing chain link fence, flagpole for reuse by the Town, provide and install new wood piles, remove existing culvert & replace with 24" polyethylene pipe for the following lump sum price to wit: UN r S/k44,0vS'4n9PQ ✓w0 V written in word ) oo.a o And he further agrees that if this proposal shall be accepted by the Owner and that if he shall refuse, fail or neglect to enter into a contract pursuant to such proposal and to the requirements of the Owner and shall fail to give the required security within ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Owner as liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of the receiving bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Owner will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: f L-E}�✓ // �j S �0 26 Business Address: Telephone NumberS /� - 5F 7-- 0 / _—I / Date %q 3 o. /F9/ C2 STATEMENT OF `,JON-COLLUISION (To be Completed by Each Bidder) In accordance with Section 103-d General Municipal Lave, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State or cry public department, agency, or official thereof or to afire district or on), 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 parry 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 or restricting competition, as to any mater 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 'nave 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 wi II 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 o` resolution cuthor- izing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. C3 RES 0LUT 10�J Resoived that 4L,,N�lG (Name of Corporation) ^ authorized to sign and submit the bid or proposal of this corporation for the follcwino Project (Descrioe Project) 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 Municipol La%v as the cc;- and deed of such corporation, and for any inaccuracies or mis-statements 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 0(�l ek corporation at a meet- ing of the Board of Directors held on the -7 da; of Sra7er, 6 19_ (SEAL OF THE CORPORATION) La. -,,s of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965. C4 NEW YORK STATE AFFI°M_' TIV; ACTION CERTIF►C,`,TIO � (TO BE COMPLETED 3Y EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of e contract under this Invitation for Bids unless such bidder has submitted as a part of its 'Cid the following certificetion, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (aider) certifies that: 1 . it intends to use the following listed construction trades in the work under the contra ct 1 v [ _� , L,--,�_s - ; and, 2. C. as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part I of these Bid Conditions for participation in the Nassau -Suffolk County Plan it will comply with the said Count -yr area within the scope of coverage of that Plan, those trades being: and/or, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non -state) in the afore- ntioned area subject to these Bid Conditions, these tredes being: ; and, 3. it will obtain from each of its subcontractors and submit to the contracting or admin- istering agency prior to the award of any subcontractor under this contract the sub- contractor certification required by these Bid Conditions. icnature of Auth iz r�resen.ati4 ve of Bidder) C5 Fidelityd Dosit �m an anDeposit p Y HOME OFFICE OF MARYLAND BALTIMORE, AID. 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned,._AILANTIC... CDAST..D.OCK.-RUILQI.RG... CORP............................................................... ............................as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, are hereby held and firmly bound unto .................. .OXU--D:F..S0ll-ZH4LD........................................ _...................................................................................... ._........•-•--••••---••-•...............•-••...•-•...•••---•••-----•......•---•-----•---•---•................_....---......-----•-•-•••----------•...--•--•••---.....------...--•------••--- in the penal sum of ........................... FI.11E...P.ERC.E.UT._OF--aIOLLUT...BID.....(.5°6.1........._---__-......----•-•-----•-----•----.....-- for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signedthis ........-••--•••-• .............1 .......................... day of .............APRIL ............................................... 19-2i---- THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That, WHEREAS the Principal has submittedto.----•T.QWli..OF-.S.CUT.NOLD......................................................................................................................... a certain Bid, attached hereto and hereby made a part hereof, to enter into a contract in writing, for the BUS.KH_EAp..HFP.J.AC h9EXI...@..KLIP_P--.-P.ARK..DRUNP.ORI............................•-----...............-------•-•------.........--••-•----- NOW, THEREFORE, (a) If said Bid shall be rejected, or, in the alternate (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. ATLANTIC -COAT.-DQcI%..�1l.LLI).iHC�..�QPP............... Principal B y,. Z 2Z . . . . . ..... ..... ........ .. � P-1-6 FIDELITY AND DEPOSIT PANY OF YLA D By............................�'�:`.�.... .. .. c1414c:NJ)— ROBERT J FREY ATTO EY IN FACT ty Fide li an HOME OFFICE STATE OF NEW JERSEY SS: COUNTY OF Ess ER • d Deposit Company OF /MARYLAND BALTIMORE, MD. 21203 Consent of Surety IT IS HEREBY UNDERSTOOD AND AGREED That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, duly authorized to transact business in the State of NEW YORK will become Surety on the bond of ATLANTIC CnAST DnCK BUTLDING CORP. provided they ase the successful bidder and is awarded the contract and makes application to us for the required Performance and Payment Bonds. Signed, sealed and delivered at Bloomfield, New Jersey this day of APRIL 11 19 91 FIDELITY AND DEPOSIT COMPANY OF MAR By Attest: ........................... . ................................................... ... As to Surely C3373(NJ) • ..It Dr Surety CUMI'A.%Y) / TATE OF NEW YORK �trt `OF ......... �1 .................... ... SS.. ................... befure net: Onthis ...................................:....y................. t..... ...................... .•• „............lo me known, who bc►nk 1)1 petsunetly cants:.. and say the resides i ..............'................................ .. .... ......... .. me duly sworn. d• Y�� •...t.... ......; that he is the . ................. . .�'r!:.............. of the ........ ..... ..... ........ ........ � ••,�C,� the corporation described in and which executed the within instrum nt; that Ise knows tht: seal of said corpor- ation: tt►at the seal affixed to said instrument is such corporate seal; tl►at it Pins so affixed by the order of Ilia Board of Directors of said corporation. and that he signed Nis name thereto by 11117_0r der. ............. Notor} Publrc Cou t. HERESA A. FREY ?ota> v Public, State of NeW YG* ;,Io. 30-4955925 'uaiified in !Nassau County ;,,misslon Expires Sept. 11, 1 ncution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does hereby certify that the aforegoing is it true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ........ 18th ................ day December ......................... . A.D. 19...U... .��;2 "I FIDELITY AND DEPOSIT COMPANY OF MARYLAND 3f, CAL ATTEST: o SEAL n e -- By ........................................................... STATE OF MARYLAND Assistant Secretary Vice•Presidlmt 1 CITY OF BALTIMORE ' SS: On this 18th day of December A.D. 19 8 5 , 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 b 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 by Official Seal, at the City of Baltimore, the day and year first above written. Notary Public(Commissi.I11X... L ... ib.o 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, 1969. 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 ower of attorney issued by the Company, shall be valid and binding upon the Company with the sa orce�effes though manually affixed. ' // Iv T TV NY have hereuntq,Aubscribed my name and affixed the corporate seal of the said Company, this ....... !./---........ day of......... ..... ............................ . ................................. .... ... :........................... �...... LI429.—Cif.-093-7493 AstutantSJ re FOR YOUR PRO•l•E TION LOOK FOR '1'I IE F&D NVATERNI NRR FIDELITY AND DEPOSIT COMPANY OF MARYLAND Statement of Financial Condition AS OF JUNE 30, 1990 ASSETS Bonds............................................................................$ 209,091,526 Stocks........................................................................... 209,344,327 RealEstate...................................................................... 3,917,282 Cash in Banks and Offices and Short Term Investments ............................... 5,287,299 Premiums in Course of Collection (less than 90 days old) ............................... 30,211,378 Reinsurance and Other Accounts Receivable .......................................... 15,987,790 TOTAL ADMITTED ASSETS........................................................$ 473,839,602 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums .................................................... 132,988,634 Reserve for Claims and Claim Expenses .............................................. 117,151,282 Reserve for Taxes and Expenses ..................................................... 5,988,689 Miscellaneous..................................................................... 10,891,207 TOTAL LIABILITIES. . ......................... ................................................$ 267,019,812 Capital Stock, Paid Up ....................................... S 5,000,000 Surplus ...................................................... 201,819,791 Surplus as regards Policyholders..................................................... 206,819,791 TOTAL.........................................................................$ 473,839,602 Securities carried at $3,160,236 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of June 30, 1990 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $478,453,758 and surplus as regards policyholders $211,433,947. I, JOSEPH J. GALLAGHER, 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 30th day of June, 1990, according to the best of my information, knowledge and belief. -- -------------- 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 30th day of June, 1990. v J. "��o NOTARY PUBLIC Notary Public My commission expires November 1, 1993. a' 4 BID PROPOSAL REPLACE AND REPAIR BULKHEAD GULL POND/KLIPP PARK NAME OF BIDDER CONTRACT TO: SOUTHOLD TOWN BOARD TOWN HALL - MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE DOARD: 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 the Contract Documents dated 4/8/86, including Bidding Requirements, Contract, General, and Special Conditions, Specifications, Contract DXawings, and Addenda, if any (Note: Acknowledgement of Addenda ant their dates must be including 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 the proposes and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Owner (see specifications) and to perform all the work required to construct, perform and complete the work at: Klipp Park at Gull Pond Greenport, NY 11944 and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by James Richter, RA, Southold Town Highway Department, Peconic Lane, Peconic, NY 11958, and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Owner, he will accept, in full payment thereof as listed below: Provide and install 350+/- linear feet of new 2 X 10 creosote treated T & G wood sheeting, provide and install 330+/- linear feet of new bulkhead, remove existing chain link fence, flagpole for reuse by the Town, provide and install new wood piles, remove existing culvert & replace with 24" polyethylene pipe for the following lump sum price to wit: (written in words) ` And he further agrees that if this proposal shall be accepted by the Owner and that if he shall refuse, fail or neglect to enter into a contract pursuant to such proposal and to the requirements of the Owner and shall fail to give the required security within ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Owner as liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of the receiving bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Owner will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: �) Qx I S1 V Telephone Number A) I/ 'P Date �/Z-1kt C2 r STATEMENT OF NON-COLLU'SION (To be Completed by Each Bidder) In accordance with Section 103-d General Municipal Lave, effective Sea -lemic -e., 1, 1966, every bid or proposal hereafter made to a political subdivision of the State or any public department, agency, or official thereof or to afire 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 certirication, 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 author- izing the execution of this certificate by the signator of this bid or proposal in behelf of the corporate bidder. C3 RES 0LUT IO N Re_cived that �' Vx/�, (Nome of Corporation) authorized to sign and submit the bid or proposal of this corporation for the follov:ino Prolect �'jZL&A (Descrioe Project) and to include in such bid or proposal the certificate as to non -collusion reeuired by section one -hundred -three -d (103-d) of the General Municicvl Lav as the ccand deed of such corporation, and for any inaccuracies or mis-statements in such ceriificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is a true and correct copy of the resolution adopted by _ --- 1 U corporation at a meet- ing of the Board of Directors held on the Z S rte da;, of 193 (SEAL OF THE CORPORATION) ���.44ZA - 7 LaN;,s of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965. C4 OP - 0 0 NEW YORK STATE AFFIR;:,_T (V; ACTION CERTIFIC.'T IOPJ (TO BE COMPLETED 3Y EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for oviord of e contract under this Invitation For Bids unless such bidder has submitted as a part of its lcid the followina certification, which will be deemed a part of the resulting contract: BIDDER'S CART IFICATION (Bidder) J - certifies that: 1 . it intends to use the following li ted construction trades in the work under the contract and, 2. C. as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part I of these Bid Conditions for participation in the Nassau -Suffolk County PIan it will comply with the said County,' area within the scope of coverage of that Plan, those trade being: and/or, 3. b. as to those trades for which it is required by these Bid Conditions to comply with Part If of these Bid Conditions, it adopts the minimum minority man- power utilization goals and 'rhe specific affirmative action steps contained in said Part II, for all construction work (both state and non -state) in the afore -mentioned area subject to these Bid Conditions, those trades being: and, it will obtain from each of its subcontractors and submit to the contracting or admin- istering agency prior to the award of any subcontractor under this contract the sub- contractor certification required by these Bid Conditions. (Sicnature of Authorized A sen alive of Bidder) C5 • New York Surety Company 80 Cutter Mill Road Great Neck, NY 11021 Bond #: 27105 B KNOW ALL MEN BY THESE PRESENTS, that we SEACOAST DOCKBUILDING, INC., (Here insert full name and address or legal title of Contractor) 52 Clinton Street, Center Moriches, New York 11934 as Principal, hereinafter called the Principal, and NEW YORK SURETY COMPANY 80 Cutter Mill Road, Great Neck, New York 11021 a corporation duly organized under the laws of the State of NEW YORK as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) TOWN OF SOUTHOLD as Obligee, hereinafter called the Obligee, in the sum of ************************ ******SEVEN THOUSAND FIVE HUNDRED xX/100*************** Dollars ($ 7,500.00 ), 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 (Here insert full name, address and description of project) Bulkhead repair & replacement @ Klipp Park NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligie 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 23rd day of May SEACOAST DOCKBUILDING , INC. r (Print pa!) (Seat) (Wit ss BY %'/" e ( itle) NEW YORK SURETY' C (Surety) (Seal) 7 (Witness) By: (Title) Ann Bernberg, Attorney—in—fF 19 9' 1 State (W ss. i Y County of C d E, On this day of , 19 , before me personally came v m > 3 0 to me known, �t and known to me to be the individual described in and who executed 'the foregoing instrument,and acknowledged tome that he executed the same. My commission expires Notary Public -------------------------------------------------------------------- State of ss. County of Y C C On this day of , 19 , before me personally came E 0% E d to me known and known to me U. 3 0 C v to be a member of the firm of Q described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires Notary Public ------------------------------------------------ -------------------- State of ss. County of U GFOL K On this—�1� t� day of , 19�LL, before me personally came Y C a oE � ff, 'b , , to me known, 0 o who being by me duly sworn, did depose and say that he is the Q of rf .,-�1 7i). �1�.. �.C2'a' F- i I the corporation described in and which executed the above instru t; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate sq -r1 via sij,#{iAed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. NOTARY E a of New York My commission expires Qualiflod in Suffolk CouMY �—� "on�P'res pr -- t yPublic ---------------------- - - - - -- j------------------------ ------ State of New York County of Nassau ss. Y On this 23rd day of May —.19 91, before me personally came d E Arm Big to me known, who, being by me duly sworn, did depose and say that rn 0 he is an attorney-in-fact of NEW York Surety Ctt��artY u the corporation described in and which executed the within instrument; that he knows thecorporate seal of said corporation; that the seal Q affixed to the within instrument is such corporate seal, and that he signed the saidinstrument andaffixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. I&LIEN B. FIATOW NOTARY PUBLIC, Stab of MW Wilk My commission expires No. 4931153 _ otary Public FORM N 13 25M Ca--- du on � �• 19 '2 NEW YORK SURETY COMPANY 80 CUTTER MILL ROAD GREAT NECK, NEW YORK 11021 STATEMENT OF ASSETS, LIABILITIES AND SURPLUS AT DECEMBER 31, 1990 ASSETS Bonds....................................................................................................... Cash & bank deposits.............................................................................. Short term investments............................................................................ Agents' balances or uncollected premiums ............................................. Funds held by or deposited with reinsured companies ............................ Reinsurance recoverable on loss payments ............................................ Interest and dividends due and accrued .................................................. Receivable from parent, subsidiaries and affiliates ................................. Cash held as collateral............................................................................ TOTALASSETS.......................................................................... LIABILITIES AND SURPLUS Losses and loss adjustment expense................................................................................. Unearnedpremiums........................................................................................................... Federal and income taxes.................................................................................................. Funds held by company under reinsurance treaties........................................................... Amounts withheld or retained by company for account of others ....................................... Otherliabilities.................................................................................................................... TotalLiabilities........................................................................................................ $1,036,196 1,133, 684 4,149,320 57,928 283,179 75,910 76,142 435,000 4,429,720 $11,677,079 $2,523,371 1,692,932 310,627 60,769 4,429,720 550,594 Capitalpaid-up.................................................................................................................................................. 1,000,000 Gross paid -in & contributed surplus.................................................................................................................. 500,000 Unassignedfunds............................................................................................................................................. 609,066 Surplus as Regards Policyholders........................................................................................................ 2,109,066 TOTAL LIABILITIES AND SURPLUS................................................................................................... $11,677,079 I, DAVID E. FLATOW, President of New York Surety Company, certify that the foregoing is a fair statement of Assets, Liabilities and Surplus of this Company as of the close of business, December 31, 1990 as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New York. IN TESTIMONY WHEREOF, I have set my hand and affixed the seal of the Company this 28th day P- SU R E T y co February 1991 GOPpORgli0 ZSEAL NEW YORK SURETY COMPANY 1983 tiEW YoP� President New York Surety Company Executive Offices 80 Cutter Mill Road Great Neck, NY 11021 KNOW ALL MEN BY THESE PRESENTS: All authority hereby conferred, unless revoked earlier, shall expire and terminate, without notice, unless used before midnight of December 31, 1991. POWER OF ATTORNEY Bond No.: ' Q� 27 10 5 B That New York Surety Company does hereby appoint: ***Ann Bernbercj*** its true and lawful Attorney(s)-in-Fact, each individually if there be more than one named, to make, execute, sign, acknowledge, affix the Company Seal to, and deliver any and all surety bonds, undertakings, recognizances, and other contracts of indemnity and writings obligatory in the nature of a bond, for and on behalf of saidompany and as act and deed of said Company, not to exceed ****SEVEN THOUSAND FIVE HUNDRED xcy.100 ($ 7,500.00 ) DOLLARS****** any single instrument. IN WITNESS WHEREOF, New York Surety Company has executed these presents OPOQ,PORgF-O� this 23rd da r 1991 w Seal Z 1983 :r G 2Ft ✓ Y OP * David E. Flatow, President STATE OF NEW YORK ) COUNTY OF NASSAU ) s.s.: On this 23rdday of MaY , 19 91 before me came the above named officer of New York Surety Company of New York, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instru- ment and affixed the seal of said corporation thereto by authority of his office. ELI BETH G: SACCONE NOTARY PUBLIC, State of New York No. 4838158 Qualified in Nassau County Commission Expires Jan. 31, 1992 THIS DOCUMENT IS VOID IF IT DOES NOT BEAR ORIGINAL SIGNATURE OF A COMPANY OFFICER. CERTIFICATE Excerpts of Resolutions adopted by the Board of Directors of New York Surety Company: March 31, 1987. RESOLVED, that solely in furtherance of the Company's surety business, the Chairman of the Board, the Presi- dent, or a Vice President of this Company hereby is authorized to appoint Attorneys -in -Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach the corporate seal of the Company to such documents; RESOLVED that the signature and attestation of such officer affixed to any such Power of Attorney must be original in order that the said Power of Attorney be valid and binding upon this company; the seal of the Company and any certification by the Company's secretary relating to such Power of Attorney may be affixed by facsimile. RESOLVED, that any such Attorney -in -Fact may deliver a certification that the foregoing Resolutions are still in effect and may insert in such certification the date of the certification but that date may not be later than the date of delivery of the certification by the Attorney -in -Fact. I, Edward J. Farshtey, Assistant Secretary of New York Surety Company, do hereby certify that the foregoing ex- cerpts of the Resolutions adopted by the Board of Directors of the corporation and the Powers of Attorney issued pursuant thereto, are true and correct and that both the Resolutions and Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of the corporation this 23rd day of May , 1991 . SURE r), C 0 OPOp,PORq�, � F v Sealw Z tcw y 0Q Edward J.