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WM Schultzx
~~ ~. ~~h~l~~. PROPOSAL FOR TOWN OF WAPPINGER ~"'' UNITED WAPPINGER WATER DISTRICT ROUTE 9 WATER MAIN LOOP CONTRACT NO. 13-010 DIVISION 200 BID FORM PREPARED BY: MORRIS ASSOCIATES ENGINEERING CONSULTANTS, PLLC 9 ELKS LANE POUGHKEEPSIE, NEW YORK 12601 DECEMBER 2013 REVISED FEBRUARY 2014 MA#: W21215.122 J TOWN OF WAPPINGER UNITED WAPPINGER WATER DISTRICT ROUTE 9 WATER MAIN LOOP CONTRACT N0.13-010 BID_ rr THE TOWN RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS. EACH BID FORM SHALL BE ACCOMPANIED BY BID SECURITY (AS DESCRIBED IN THE INSTRUCTION TO BIDDERS). TO THE TOWN BOARD, TOWN OF WAPPINGER, NEW YORK Pursuant to and in compliance with your invitation to bid contained in 'the Notice to Contractors dated March 3 ~ 2014 (month) (day) (year) the undersigned hereby proposes to furnish all labor, machinery, equipment, facilities, tools, transportation, supplies, materials, insurances, permits, certificates, tests, guarantees, protection of equipment and property and life during construction; as well as competent and qualified supervision for all phases of the work, and other facilities and things necessary or proper for or incidental to, Town of Wappinger Route 9 Water Main Loop, Town of Wappinger, as required by and in strict accordance with the plans, specifications and all other documents relating to Contract No. 13-010, for the prices stipulated and as shown on this bid form. Name of Bidder:, W.M. Schultz Construction, Inc. (ladiuiduat, ~Ra~#+~eFS~up~ C * Circle applicab ,Ltt)* The undersigned declares that the bidding and contract documents have been carefully examined and that all things necessary for the completion of the work shall be provided. Receipt of the following addenda is hereby acknowledged: DATE SIGNATU ADDENDUM NO. 1 3/21/2014 ~ ~ ADDENDUM N0.2 ~ ~ ~~a ADDENDUM N0.3 ~/ ADDENDUM N0.4 N ~'~ 2(30 01 e~ldocumenteu wappingeAa v200t31W20Li02 united wapp water\a20802.12 meadow Ae8 loops filtraUonlapeca4oute 91oop1genere~div 200.doc In consideration of, and to induce the award of this contract to him/her, the bidder represents and warrants that: ' (a) If this bid is accepted by the Town Board, Town of Wappinger, as evidenced by issuance of a Notice of Award by the Owner, and mailed by registered mail with return receipt requested to the address of the bidder as indicated on his/her bid, the bidder will execute a contract on the form of agreement herein provided and will comply with all provisions of said Notice of Award. (b) This bid is made without any understanding, agreement or connection with any other person, firm or corporation making a bid for the same work, and that it is in all respect fair and without collusion or fraud. (c) The bidder has carefully examined and fully understands all of the parts of the contract documents, and that the bidder will execute the contract and will completely perform it in strict accordance with the provisions thereof for the sum set forth on the bid. Unit Prices have been computed in accordance with the Contract Documents. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the. purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the Contract Documents. (d) No officer or employee of the Town Board, Town of Wappinger, or any person whose salary is payable in whole or in part by the Town Board is, shall be, or shall become interested directly or indirectly as a contracting party, partner, stockholder, surety or otherwise in this bid or in the performance of the contractor in the supplies, materials or equipment, or to work or labor to which it relates, or in any portion of the profits thereof. (e) The bidder is not in arrears to the Town Board upon debt or contract and is npt a defaulte~as surety, contractor, or otherwise upon any obligation to the Town Board, Town of Wappinger. ~ All work shall be completed within the time allotted, from the date specified in (fl the Notice to Proceed or set by the contract documents, mailed to the undersigned by registered mail with return receipt requested to the legal address of the bidder as indicated on his/her bid. (g) If the bid documents contain any unlawful provision not an essential part of the bid and which shall not appear to have been a controlling or material inducement to the making thereof, the same shall be deemed of no effect and will upon notice by either the Owner or the bidder be deemed stricken from the bid documents without affecting the binding force of the remainder. 200 02 ~- weter\v20t102.12 meadow_rte8 loops filtration\specsVoute 9 bop\genenal\dty 200.doc e:Wocuments\t wapplnper\a w200t11w21)802 united wepp +rr (h) Each and every provision of any law and clause required by law to be inserted in the bid documents shall be deemed to be inserted herein and the bid documents shall be read and enforced as though it were included herein; and if through mistake or otherwise any such provision is not inserted or is not correctly inserted, then upon the application of either party, the bid documents shall forthwith be physically amended to make such insertion. (i) The bidder is financially solvent and sufficiently experienced and competent to perform the work. ~ The work can beperformed as called for by the proposal and that the plans U) and specifications are in all respects suitable and adequate for the work. ~ , (k) The facts stated in his/her bid and the information given by him/her are true and correct in all respects. (I) The bidder is fully informed regarding all the conditions affecting the work to be done and labor and materials to be furnished for the completion of this contract, and that his/her information was secured by personal investigation and research. (m) In the event of a lawsuit, the bidder agrees that said suit shall be filed in the same county as the location of the project. BID FOR CONTRACT WORK: Base Bid Install water distribution improvements and related items in accordance with the Contract Documents. The signatory to this bid, for all work proposed, items furnished and strict compliance with all provisions of each and every Contract Document relating to Contract ' 13-010, agrees to accept (unless modified pursuantto the terms ofthe General Conditions) a total, final and fixed contract price not to exceed: $ oNfr rni~ 0~ , -t~~Eti ~vNO~Eo tH~~N~~~v E rib uT~HouOsl~NtjC~~HNTprt ~,~~D~~ (Words) ~~ ~ • ~ (Figures) G°~C~C~C OMC~D MAR 31 2014 200 03 TOWN pF ~VappINGER ~. e:Woa,mentsU,rreppinger~e v/2008\w20802 united wapp wster~x2D802.12 meadow_rts9loops fittrationlspecsVuute 9 Ioop~generalV~El~~ / 1~ 1 ~ LE RK ~. ~"" ` Also made a part of this bid is the attached cumentation per Division 100, Article C.3. / ~ r Sign Bid Here AUTHORIZED SIGNAT E Print Name William M. Schultz ,~ Title President Official Company Name W.M. Schultz Construction, Inc. :. ~I ~ , CorNoration ttG'~''` • Circle applicable wo Company Mailing Address 831 State Route 67, PO Box 2620 STREET Ballston Spa, New York 12020 CITY STATE ZIP CODE 14-1827521 _ Federal Employer Identification No. ~" Telephone No. 518-885-0060 G3[~C~~Od~© MAR 81 2014 TOWN OF WAPPI K ER TOWN CLER__- r. ~.~ ~~ ~ 200 4 ~, e:\documentslt wappinger\a w2008\w20802 united wapp water\w20802.12 meadow rte9 loops filtrationlspecslroute 9 Ioop~eneralWiv 200.doc rr i (If bidder is a corporation, fill in the following blanks.) Organized under the laws of the State of: New York Name and Address of President: William M. Schultz, 63 Sweet Road, Ballston Lake, NY 12019 Name and Address of Secretary: Suzanne schultz, 63 Sweet Road, Ballston Lake, NY 12019 Name and Address of Treasurer: William M. Schultz, 63 Sweet Road Ballston Lake NY 12019 If bidder is a Limited Liability Company, fill in the following blanks.) Organized under the laws of the State of: N/A Name of Manager or Managing Member: N/A Agent for Service of Process: N/A Address for Service of Process: "/A 200 05 e:\documentslt wappinger\a w2008\w2l>802 united wapp weter1w20802.12 meadow rte9 loops filtratbn\specstrouts 8 IooplpenerolWiv 200.doc ~' STATE OF NEW YORK ) ss: ' COUNTY OF Saratoga ) rt. On the thirty-first day of March , 20~ 4 before me, the undersigned, a Notary Public in and for said State, personally appeared Wiiiiam M. Schultz personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC DIANE B. DALTO Notary Public, State of New York Registration No. 01DA4951439 • Qualified in Saratoga County Commission Expires i 1-13-20 ter 200 06 ire e:tdoamentsu vreppin0erta v2008W+20802 united wepp weler\H2O802.12 meadow rte9 loops flltrationtspets~oute 9 Iooplgeneral~dly 20o.doc iw rri w W N m W m a$ s8 8 $ ~.$, a •~• • J m t ~y ~ • ~ ~ d. 'd/ ~ o _ ~ ~ ~ ~- L ~ ~ ~ ~- ~a a~~ _~ ~~ ~~~~~ ~^~ ~~~ ~~ ~ ~ ~~~ ~ ~~ ~ ~~~ m 0 8 Wo ao ~.~a a, o ~.~~~ r 9, 8 ~ o ~ $ C~ ~ ~ $ ~ ~ ~ ~, a ~ ~ -~ ~ o ~ v ~ o y~, ~ c~ i~ z p ~ 0 p O p 1=„ 'd' V j p ~ ~ ~ Z ~ o ~ ~ W6 4v p ~ 7 0 Q ~ ~ o y~ ~ ~ p ~ ~ Z ~~ $l ~ 0 c z ~ ~ ~ x J` ~ ~~ J` 3 ~ 7 Z 0 o - ~ p Ir 4 ~ ~ 0 Z ~ -r a o ~ ~ o ~ J V1 W L4 ~ ~ ~ V It i 0 ~ CV o (B ~ ~ ~ ~ ~ ~ ~ ~ ~ g ~ W W W W W W W W W W W W W W W ` W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ LL IL LL LJ_. L.L tL ~ gZ a a a a a a a a ~ d. J J J J J J J J N ~- ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W W W W W W W W °~ > Q Z Z Z Z Z Z Z Z N ~ ~ J ~ J J J J J J J -~ J J J J J J .J J a~ N m O a ~ ~~ Q Q Q Q Q Q Q Q Q Q ~n ° ~~ ~ °o c` ~ c°fl ~ W~ Z Z Z Z Z Z Z Z Z Z N N M d' M r" M ~ a~ 'c C C ~ ow Z ~ ~ ~ o ~ ~ o m ~ C O ~ ~ N N f6 ~ o H- ~ ~ ~ ~ m ~ ~ a o ~ N ~ w c~ U o W ~ U U o 0 0 0 ~ ~~~~ U ~ ~ a m m o o U ~ ~ N Q N Z' ~ ~ N W W Q' E- ~~ Q Y H Y `n° ~. ~ m ~ ~ N co ~ __ d. d ~ c c c ~ O O to O O ~ ~ O ~ O O N L p p O (6 'L O - E ~ ~ m ~ d d U1 ~ (A ~ -J U ~ r r ~--' r r ~- ~- ^ f OD 00 ~ C~ U D W IL C~ 2 -~ Q m U ~ W LL (~ I Q ~ ~ ~ ~ ~ f ~ r r N N N N N N N N uj L J J ~ ~ ~ o ~ ~W ~ ~ ~ .. a ~ '~ w M oo ~r- o- ~ -- nr ~ m l4 m A /}~( 8 O R V ~ V ' ~ ~ w V O ~ s • • • ~ • ~ O o ~ ® ~ c 8 ~ ~ ~ ~ ~, J t ~ ~ U 'o _ ~ ~ t~ Q c c"a ~ ~ Z ~ 7 s d T ~ ~ ~ 7 ~ Z ° c z N Z~ ~ ~ ~ of o~ ~ Z z .WU ~ ~ x0 ~ ~~~ ~ ~ ~ ~ ~~ I' ~~~ ~ W U ~~ ~ ~ a _ ~ ~ ~ ~ ~ oW~ °~~d ~°~ wW wp ~ Cw ~o cmoJ 7 ~ Z o ~, 0 ° ~ ~ ~z X~ o ~ LL ~ ~ ~ ~~ 4. ~ lLa Vz P F3-~ O ° o~~ -J O O 03 m~ H ~- ~- H D N m Q ~ z = _ _ = u Iwi = twL ~ ~ ~ ya- ~ = N m~ W~ U U U U J J U J J a d U Q.. Q N ~ ~~ W W W W W W W W W ~ ~ m ~ W o t ~ ~ Z Z Z Z J J U -~ ~ O J .J J J N is O O ~ H ~ O r 00 O ~ ~ ~ O fn f/~ N ~ Lf) ~i ~ W~ CO r r- N N N T r O J J ~ -J ~ d .~ a -a N O ~ •~ ~ '~ > O Z U > o > Q. N N ~ ~ O U~ O O O O O o O ~ a ui ~ ~ = a ~ ~ N _.. ~ a~ ~ ~ aN ~ I ° c Q ~ o U ~ ~, c o •Q •Q ~ c o •Q •Q ~ ~ m o x m a~ a~ W c>a > o m ~ a aoi o o d 0. •Z a~ o L~ w a W ~ L '~ ~ ~ O '~'~~ Z ~° ~ ca o - o o> oN o~, c ~ ,,~ c~ O w g ~ C~ ~ Ua~ U~ UaU~~ Ua~i Ua~i N ~ o c~ ~ ~ ~ O - >+ a 0 0 a~ a C c D O ~ L ~ L O O ~' w E ~ ~ a0 = ~fAU ~Q ~~ ~toU Q Q F- ~ U m v 0 cQ m Q ~ CO U ~ ,~ ~ ~ ao rn ~ w ~. J J n o ~- Q 8 ~ o o . m f- w U i UU • ~ • O t~_ y ~ a s~ ~ ~ ~~ W ~ ' v' m 8 o am Z ®° ~, .. o 0 m ® ~"' W ~ U ~ ~ H Z ~ ~ Z ~ O ( S ~ Q ,~ 1 7 d , > ~ ~ ~ u ~ o P ; ~ P > ~ W ~ z Z z i ~ 0 0 3 Z~ y W Q ~ Q ~ Q ~- } Cn _ s ~Z ~ ~ U U U U n. Q a m ~ m ~ m ~ m ~ ~ J ~ U U U U 3 W ~ ~ i O ~` O to O N O r (n J U' r C O Z ~ ~ ~ _ ~ ~ - U aUi a~i c U a~ . aUi cn o ~ ~ cn ~ ~ a~ cn o ~ ~ ~ ~ ~ -° cn ~ c o ~ z ~ ~ cY ~C7 -a Q ~ ~ N ..r ~ ca ~ O ~ N V W ~ ~ ~ O` QU C O O QU O m Q ~ O~ Q~ to ~ Q Q r m ~ U ~ p N U O d L m N y l6 (T.1 O_ N_ M a 0 0 J N 7 0 v d n 0 a UJ o~ o ~~ O 3 N o v m a~ J J BID BOND If a bond is used, the form bound in this manual should be used. No other form may be used except with prior approval by the Owner after review by the Town Attorney which approval may be granted or withheld, in the Owner's discretion. 200.07 e:\documentsk wappingerla w20081w20802 united wapp water\w20802.12 meadow_Re9 loops filtrationGspecsVoute 9 loop\genera~div 200.doc J BID BOND KNOW ALL MEN. BY THESE PRESENTS: that * W. M. Schultz Construction, Inc., P.O. Box 2620 Ballston S a New York 12U20 as Principal; and **Liberty Mutual Insurance Company, 175 Berkeley Street, Boston, MA 02117 aS Surety, are hereby held and firmly bound unto the Town Board, Town of Wappinger, New York in the amount Of. p'ive Percent of Attached Bid Dollars ~ l5%) for the payment whereof Principal and Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed this 31s` ~ ~~ day of March 2014 _. WHEREAS, the condition of the above obligation is such that, whereas the Principal has submitted to the Town Board a certain~bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for the Water Main Extension to Route 9 Water Main Loop for the Town of Wappinger, New York, as shown and specified in Contract No. 13-010. 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 an Agreement attached hereto (properly completed in accordance with said Bid) and shall in all 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 arriount 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 in no way be impaired or affected by any extension of the time within which the Principal 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. (SEAL) w. M. Schultz Construction Inc. PRINCIPA *insert aidder's Name ®~~ *~'tnsert Surety's Name BY ~ /`~ William M. chultz, Presi t 200 08 ~ e;WocumenlsUwapplnpeAa W20081Y20802 unfled wapp water\w20802.12 meedowJie9loops OIUa0onlspecsVoule 8looptgeneralld'rv 200.doo W rr Signed, sealed and deli erel in the presence of J. Cori bus (Corporate seal of Contractor . . if a corporation) W. M. Schultz Construction, Inc. P.O. Box 2620, Ballston Spa, New York 12020 Contractor ~'l~' 13y William M. Sc ultz, Presiden Liberty Mutual Insurance Com an ~I// d Charles C. Leach, Attoreny-i act (Title Of Officer} . (Corporate seal of , ~ _ Surety) Witenss: ` .I. cola us (Title of Officer) 200 09 e:Wocumenls\t wappinperla w2(xlglx/10802 united vropp watar\x20802.12 meadow_Ae9 loops fflUallonlspacslroule 9 loop\generalldly 200. •r iriii Liberty Mutual Insurance Company Boston, MA 02117 ATTORNEY-IN-FACT JUSTIFICATION PRINCIPAL'S ACKNOWLEDGMENT - IF A CORPORATION State of New York, County of Albany} ss. On this 31s` day of March, 2014, before me personally appeared William M. Schultz, to me known, who, being by me duly sworn, deposes and says: That he/she resides in Ballston Lake, New York; that he/she is the President of W. M. Schultz Construction, Inc., the corporation described in and which executed the within instrument; that helshe knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he/she signed hislher name thereto by like order. ~ __ ti~ Reri selaer ounty ICo m. Exp. 12/18/2014 SURETY COMPANY'S ACKNOWLEDGMENT State of New York, County of Albany}~~ On this 31s` day of March, 2014, before me personally appeared Charles C. Leach; to me known, who, being by me duly sworn, did depose and say: That he/she resides in Altamont, New York; that he/she is Attorney-in-Fact of Liberty Mutual Insurance Company, the corporation described in and which executed the within instrument; that he/she knows the corporate seal of said Company; that the seal affixed to said instrument is such corporate seal; and that he/she signed said instrument as Attorney-in-Fact by authority of the Board of Directors of said Company; and affiant did further depose and say that the Superintendent of Insurance of the State of New York has, pursuant to Chapter 882 of the Laws of the State of New York for the year 1939, constituting chapter 28 of the Consolidating Laws of the State of New York as the Insurance Law as amended, issued to Liberty Mutual Insurance Company his/her certificate that said Company is qualified to become and be accepted as surety or guarantor on all bonds, undertakings, recognizances, guaranties, and other obligations required or permitted by law; and that such certificate has not been revoked. ~-,. ~\ ssel'aer Coun y m. Exp. 12/18/2014 Liberty Mutual SURETY Assets LIBERTY MUTUAL INSURANCE COMPANY FI1m1Al@ICIAL STl~TEI®'IE1VT - DECEIi'IBER 31, 2012 Cash and Bank Deposits ......................................... $ 903,711,694 '`Bonds - U.S Goveintnent ..................................... 1,166,929,471 a0ther Bonds ............................................................ 11,415,194,219 aStoclcs ...................................................................... 8,104, 853,899 Real Estate .............................................................. 255,967,320 Agents' Balances or Uncollected Premiums........... 3,482,069,753 Accrued Interest and Rents ..................................... 144,016,763 Other Admitted Assets .............................................. 14.732.623.458 Total Admitted Assets .....................................4+40 205,36fi ,77 Liabilities Unearned Premiums ........................................:..... $4,205,141,671 Reserve for Claims and Claims Expense ................. 17,056,420,207 Funds Held Under Reinsurance Treaties ................. 1,315,062,091 Reserve for Dividends to Policyholders .................. 2,455,411 Additional Statutory Reserve .................................. 49,768,998 Reserve for Commissions, Taxes and Other Liabilities ................................................ 3.066.051.537 Total .............................................................. $2,694,899,915 Special Surplus Funds ................. $604,621,497 Capital Stoclc ............................... 10,000,000 Paid in Surplus ............................ 7,899,471,886 Unassigned Surplus ..................... 5,996,373,279 Surplus to Policyholders ............................... 14,10,466,662 Total Liabilities and Surplus ................................ ~40 20~ 'I66 577 JP` IN S (/R92 ~ ~oaPOryr ~ ~ ~ '' Bonds are stated at amortized or investment value; Stoclcs at Association Market Va ues. ~ 1972 3 The foregoing financial information is taken from Liberty Mutual Insurance Company's financial y°~3'sSgcrNS~T? statement filed with the state of Massachusetts Department of Insurance. I, TIM MIKOLA7EWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2012, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 25th day of March, 2013. ~~~ . Assistant Secretary 5-1262LMIC/a 4/12 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. s2sao2s American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company WestAmerican Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Gharlec G. Leach• David Bauer Patrick J. Clvne• Rohert Crandall: Sherri J. Gray Timothy M. Tyrrell all of the city of Albanv ,state of NY each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 18th day of September 2013 .-~ - ~~- - ~--- American Fire and Casualty Company ~ ~ ~ The Ohio Casualty Insurance Company ' Liberty Mutual Insurance Company d WestAmerican Insurance Company f ~ d ~`~., ~ ~ ~ By: C STATE OF WASHINGTON ss Gregory .Davenport, Assistant Secretary C co COUNTY OF KING C ` ~ On this 18th day of September 2013 ,before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American - O v ~ ~~ y Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and WestAmerican Insurance Company, and that he, as such, being authorized so to do, ~tA j ? execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C ~ > IN WITNESS WHEREOF, i have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. O 7 QM y' ~ 'o ~ L KD Riley ,Not Public 3 ~ O O £ a This Power ofAttorney is made and executed pursuant to and by authority of the following By-laws andAuthorizationsofAmerican Fire and Casualty Company, The Ohio Casualty Insurance rn c .~+ Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: r c ARTICLE IV -OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject p = '~ Y to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, ~, ~ j e acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective .~ ~? ~ powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so ~ y O ~ executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative orattorney-in-fact under > ~ I 7 ~ the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. _ ~ o ~ ARTICLE Xtll -Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, `~ ~ ` and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, M p ~ seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their ~ oQ ''_ v respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o executed such instruments shall be as binding as if signed by the president and attested by the secretary. O cQ Certiflcate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such ~ `~ attorneys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affaed. I, David M. Carey, the undersigned, Assistant Secretary, ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West ~r American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power ofAttorney executed by said Companies, I is in full force and effect and has not been revoked. 31°~ March 14 the seals of said Companies this day of , 20 d IN TESTIMONY WHEREOF, I have hereunto set my hand and affixe r ^ d''` `,;, ,,^~~ ~a~,~, ~' ~` , F - '~ ~~ ~ ~AHy~~""L Y By: t. ;,~ `~ ~ J t ~ ~~~ t ;: 7~'?1 F~ David M. Carey; Assistant Secretary d ,~5, a LMS_12873 092012 182 Ot 300 STATE OF NEW YORK ) ss: COUNTY OF Albany ) On the 31g` day of March 2oia before me, the undersigned, a Notary Public in and for said State, personally appeared w;ll;am M. sehultz personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed ~ the instrument. ~' -~~ r J Rensselaer. County NOTARY PUBLIC comm. EXp. i2iigi2aia .., 20090 ._ e:ldocuments\t wappingerla w20081w20802 united wapp water1w20802;12 meadow rte9 loops filtratlonlspecslroute 9 Iooptgeneralldly 200.doc CERTIFICATION OF NON-COLLUSION BY BIDDER No bid will be considered unless this Certification remains attached to and is submitted with the Bid 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 his 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 with any competitor. (2) Unless otherwise required bylaw the prices which have been quoted in this bid have not knowingly been disclosed by the bidder and will not knowingly be disclosed by the bidder, directly or indirectly, to any other bidder or to any competitor, before the time of the bid opening. (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. A bid shall not be considered for award nor shall any award be made where (1) (2) and (3) above have not been complied with; provided however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where (1) (2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the State, public department or agency to which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition. (4) The fact that a bidder (a) has published price lists, rates, or tariffs, covering items being procured, (b) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of stabparagraph (1). (5) Any bid hereafter made to any public authority or to any official of any public authority created by the State or any political subdivision, by a corporate bidder for work of services performed or to be performed or goods sold or to be sold where competitive bidding is required by statute, rule, regulation, or local law, and where such bid contains the certification referred to in the lead paragraph of this section, shall be deemed to have been authorized by the board of directors of the bidder and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation. t affirm these statements under penalty erjury. BIDDER'S SIGNATURE: ~~ ~ DATE: March 31, 2014 i iam c u tz, sident see 20011 e:kJocuments\t wappingerla w20081w20802 united wapp water\w20802.12rneadow rte9 loops filtrationlspecs\route 9 looplgeneralldiv 200.doc .