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Thomas GleasonTOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 BID FORM 00310-1 Bid ~~ /' BIDDER Name ~ ~~'~"~`~ ~~~~~` '-.~~- Address ~~ ~ ~ ~--~ PG ~'~J'T ~ tc-L ~'"c v G ~-~ K-t~ Psi c, ~`-~ `~ t 21~c3 Phone and Fax ~yS- `lS~{- 3`130 ~ ~yS- 3L~U- c}~19"1 Date PROJECT: Town of Wappinger Robinson Lane Baseball Field ~j ~ (~~~~ Community Development Block Grant OWNER: Town of Wa in er MAR 0 3 ZOi4 pp~ 9 20 Middlebush Road .TOWN OF WAPPINGER Wappingers Falls, NY 12590 ~ TOWN CLERK 1.01 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with the OWNER in the form included in the Contract Documents to perform and furnish all work as specified or indicated in the Contract Documents for the Contract price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2.01 BIDDER accepts all of the terms and conditions of the Invitation to Bid and Instructions to BIDDERs. This Bid will remain subject to acceptance for sixty (60) days after the day of Bid opening. BIDDER will sign and submit the Agreement and other documents required by the Bidding Requirements within seven days after the date of the OW NER's Notice of Award. 3.01 In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: A. BIDDER has examined and carefully studied copies of all the Bidding Documents, the other related data identified in the Bidding Documents, and the following Ad- denda (receipt of all which is hereby acknowledged): Date '2 2u ~~ Number ~ Date -1, -y Numbers Date Number Date Number B. BIDDER has familiarized itself with the nature and extent of the Contract Docu- ments, work site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or finishing of the work. 00310-1 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 BID FORM 00310-2 C. BIDDER has obtained and carefully studied (or assumes responsibility for obtain- ing and carefully studying) all such examinations, investigations, explorations, tests and studies which pertain to the physical conditions at the site or otherwise may af- fect the cost, progress, performance or furnishing of the work as BIDDER considers necessary for the performance or furnishing of the work at the Contract Price, within the Contract Time, and in accordance with the other terms and condi- tions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions (and reports or drawings of Hazardous Environ- mental Conditions, if any, as provided in paragraph 4.06 of the General Conditions); and no additional examinations, investigations, explorations, tests, re- ports, or similar information or data are or will be required by BIDDER for such purposes. D. Contract Time and Liquidated Damages The Contract Time commences to run as provided in paragraph 2.03 of the Gen- eral Conditions and completed and ready for final payment in accordance with- paragraph 14.07 of the General Conditions as specified in the Agreement. CONTRACTOR shall pay OWNER as specified in the Agreement for each calen- dar day that expires after the time specified in Agreement for milestones and for completion and readiness for final payment. E. BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or con- tiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, or similar information or data in respect of said Underground Facili- ties are or will be required by BIDDER in order to perform and furnish the work at the Contract Price, within the Contract Time, and in accordance with the other terms and conditions of the Contract Documents, including specifically the provi- sions of Paragraph 4.04 of the General Conditions. F. BIDDER has correlated the results of all such observations, examinations, investi- gations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. G. BIDDER has given ENGINEER written notice of all conflicts, errors, or discrepan- cies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. H. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not di- rectly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm, or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any ad- vantage over any other B{DOER or over OWNER. 00310-2 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 BID FORM 00310-3 Non-Payment Of Contract Items BIDDER understands and agrees to provisions for non-payment of monies as out- lined in the Special Conditions for failure to complete a temporary erosion control measures, dust control, and/or maintenance and protection of traffic. This non- payment will be a permanent deduction from the total monies paid under this con- tract. J. BIDDER understands and agrees to pay OWNER one hundred dollars ($100) for each calendar day that expires after the notification and time specified in the Agreement for completion of restoration and/or, temporary erosion control measures. 4.01 The BIDDER understands and agrees that the estimated quantities for unit Bid prices, if any, are to be considered as approximate only. The OWNER does not expressly or by im- plication agree that the actual quantities will correspond therewith and reserves the right to increase or decrease any quantity or to eliminate any quantity as he may deem necessary. Neither the OWNER nor the BIDDER will be entitled to any adjustments in a unit Bid price as a result of any change in quantity unless that change exceeds 15% of the estimated quantity and equals or exceeds $25,000, and BIDDER agrees to accept the aforesaid unit Bid prices as complete and total compensation for any additions or deductions caused by a variation in quantities as a result of more accurate measurement, or by any changes or alterations in the Work ordered by the OWNER, and for use in computing the value of the Work performed for progress payments for changes that vary within the adjustment limits stated above. The undersigned further understands that there will be a review and negotiation of the unit Bid price whenever the actual quantity for that particular unit price Item varies by more than 15% from the Bid quantity, or by $25,000 or greater. 5.01 BIDDER further agrees that the OWNER has the right to delete Bid items and/or Bid Sec- tions and may add Alternate(s) prior to or after award if the OWNER deems this to be in the OWNER'S best interest. 6.01 BIDDER agrees to entire dollar amount, even if it is zero ($0), for each Alternate. (Do not leave an alternate bid amount blank.) 7.01 BIDDER also agrees that the OWNER reserves the right to award this project to the lowest responsible BIDDER on the basis of the sum of the Base Bid, and any, all, or none of the Alternates listed in the Bid (if Alternates are applicable). The Town has ap- proximately $25,000 available to fund this project and intends to award the base bid and as many of the alternates in the order listed totaling less than the available funds. 8.01. BIDDER will complete the work for the following price(s) as stated in the attached Bid Pro- posal. 00310-3 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 BID FORM 00310-4 9.01 The Town of Wappinger has been and will continue to be an equal opportunity organiza- tion. All qualified Minority and Women-Owned Business Enterprises (MWBE) suppliers, contractors and/or businesses will be afforded equal opportunity without discrimination be- cause of race, color, religion, national origin, sex, age, disability, sexual preference or Vietnam Era Veterans status. The BIDDER shall comply with the material specifications and the Standard Clauses for NYS Contracts, Clauses Required by Office of Parks, Rec- reation and Historic Preservation and Equal Employment Opportunity Policy Statement appended to the specifications. 10.01 The project is in part funded by a Community Development Block Grant administered by the Dutchess County Department of Planning. 00314-4 a N LL cC C Y m ~ N ?~ C ~ J Z N ~ ~~ m~ ~~ 'a ~ 2m o J 0 0 U a .~ ~ ~ ~ U O O ~ ~ ® ,p .9 ~ r~- ° -9 C5' `- N ~' ~ 7 ~' ~ 64 C ~ Ef) C ~ t~J C G E~J C ~ ~ 6F? C '~ ~ 0 n/~ G L~ N ~" N ..~ ~ ~ ("~" V N ~ Ems,,, 1 ~ ~ N 7 °' ~ 3 ~ ~ u' ~ ~ ~ C ~ C ~ C ~ C ~ C p U p U p U p U p U ~~ a ~ ~ ~ ~ ~ °a ~ ~ ~ ~ ~ ~ -~ ~ ~ L ~ ~ L ~ ~ O ~ ~ .1./ ! ~ ~ ~ ~ ~ ' ~ ~ N ~ - v ~ ~, ~' -' - ~ ~ , i T T T T J J J J _a m ~ m N ~ ~ M ~ ~ a ~~ ,~ 0 ~ ... O M O :i !C ~ m~ vi ' a "'' Q" - ., U if m O m a ,a 3 O p y C X N p 0 O ~ a t0 ' ~ -a ca O cC d u~ a «. ~? C O y= X v C ~ ~d L ~" a ° Q~ om~c ~ ~ - c~co °~ c ° ;aco~no~ca~ ~ o ~ O r c C V m Fin~~~ o a i c N y~ ~y ay ~ m o ~ »~ ~ o c ~ , °cv E~ o N m v c a axi c °:~'°'ast ~ r a'~s °LL o o ° a~ d~ ~ ~.5 am*= mac c a m ~ o c N N~ t*4 m- U~~ O U m~ +~+ K C~ C~ m ~ t~4 V .a d ~ ~~~~ m ~ ~ >Y aNi ~ `° a~ ~~ Q L ~ C~c a O C N O m e~4 O d ~ i d a •`- tea t V O ~ "' = y X 0 O .. - N U fl1 a s 'a N G. ~ a t~ 3 a to O U F- Q- m U r N t^'1 r Q 0 0 Non-Collusive Bidding Certificate In accordance with the provisions of Section 103-d of the General Municipal Law as amended, the following "Non-Collusive Bidding Certificate" is and shall become a part of this proposal: (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 organizations 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 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, direct{y or indirectly, to any other BIDDER or to any competitor; and (3) no attempt has been made or will be made by the BIDDER to induce any other person, partner- ship, or corporation to submit or not to s~kxnit a bid for the purpose of restriction of competition." z d~~t ~~ Signature and Title In accordance with the provisions of Section 103-a of the General Municipal Law the following clause is hereby inserted to provide: "That upon the refusal of a person, when called before a grand jury to testify concerning any transaction or contract had with the State, any political subdivision thereof, a public authority or with any pubic department, agency, or official of the State or of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concern- ing such transaction or contract, (a) such person, and any firm, partnership, or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal cor- poration or any public department, agency, or official thereof, for goods, work, or services, for a period of five years after such refusal, and to provide also that (b) any and all contracts made with any municipal corporation or any public department, agency, or official thereof, since the effective date of this law, by such person, and by any firm, partnership, or corporation of which he is a member, partner, director, or officer may be canceled or terminated by the municipal corporation without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancella- tion or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to cancellation or termination shall be paid." 00310-6 ~ Y (d m } °' 3 m ~ J Z y m c c 'a o a ~ m `m ~ ~ o c m o ~~ 0 t" ~' a~ d o~ = rn ~ c ~ ~ c i= N N • N d 7 ~ ~ ~_ _ LL LL Efl C ~ b9 C i N N N ~ ° c U m ° c U p p I_ ~ ~ ` ~ v - o ~ (~~j ~ ~ c v ~ ~ c ~ C ~ ~ C ~ C cd cd M N LL J a y C1 p ~C eV0 ~ G) d ~ O = O L N ?? t O~ '~ O I C C U L 3 Q j d + -' O> L O V ~~ ~ C N~~ ~ n ~ Q V ' O 0 x d ~ x p~~ v W~ G> «. y O L ~ Q c a~~ a~ ~ R C d 7 0 O d> O i w~ V y L L !0 V 0 Q +' ~ ~ C _ N Q CD O_ Ch O 0 If BIDDER is: An Individual By doing business as Business Address: Phone Number: A Partnership Business Address: Phone Number: A Corporation (Individual's Name) (SEAL) (Firm's Name) (general partner) By ~~-I~~-LAS G~~ ~ `~0~1 ~ ~~. (SEAL) (Corporation Name) ~ W' ~ Q ~~. (State of Incorporation) (Name of Person Authorized to Sign) ~~~~ (Title} (Corporate Seal) /~ ,/j ~.,,~.2---~ Business Address: ~iLl ~ ~~-'~ ~'~~~ -t-p~c~ __ Phone Number: ~5~5 ~ ySy- 3'i3c A Joint Venture By By. (Name) (Address) (Name) (Address) (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). 00310-7 _- =AIA Document A310T"" - 2010 Bid Bond CQNTRACTOR: SURETY: (Name, lega(stanrs and addi-~ss) (Name, Iega(status acrd pr•incr"pa(p(ace J. Mullen & Sons, Inc. a 6trs(ness) The Cincinnati Insurance Company 997 Kings Highway, Saugerties, NY 12477 1382 East Kent Road, Kent, NY 14477 This document t,as imponani {egal State of Ohio consequences. Consultation with OWNER: an attorney is encouraged with (Na+ne, lega(statrrs a»d address j respect to Ks completion or Town of Wappinger ~ modifica#ion: 20 Middlebut;h Road, Wappingers Falls, NY 12590 Any singular reference to Contractor, Surety, Owner or +-,t+t o ~ other party shall be considered BOND AMOUNT: .Five Percent (5 /a) of the Amount Bid plural where applicable, PRQJECT: (Nance, location or address, and Frnject nrnrtber, ifan~j) Robinson Park Challenger Field Electrical Service The Contractor and Surety. are bound to the Owner in the amount set forth above, far the payment of which the Contractor and Surety bind themselves, their heirs, executors, adminsstratars, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such tithe period as tray be agreed to by the Owner and Contractor, and the Contractor either (l) enters into a contract with the Owner in accordance with the tarns of such bid, and gives`such bond or bonds as may be specified in the bidding or Contract .Documents, with a surety admitted in-the jut-isdiction of the Project and otherwise acceptable to the Owner, far the faithful performance of such Contract and for the' prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the wort; covered by said bid, then this obligation shall be null and void, otherwise to remain in full farce and effect, The Surety hereby waives any notice of an agreement between the Ownt=r and Contractor to extend the time in which the Owner may accept the bid. V4raiver of notice by the Surety shall not apply to any extension exceeding sixty (b0) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent far an extension beyond sixty {60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, ttte term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Band has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in ibis Bond conflicting with said statutory or legal requirement shall be deemed deleted herefram ar!i provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall he construed as a statutory bond and not as a common law band. Signed and sealed this 3rd day of March 2014 ~~~ ~ ~ J Mullen & Sons, Inc. (Contract r a' Principr: !Sea!) (Witness) _ .. (Title) , The Cin ' ' ~ ~ura e C pa (Sure) (Seal) / _ (nth t . _ _ ...__.__ _ _._ _.__ -_ _ . (True Diana Toledo, Aiytorne -act in{~ AIA Document A31DTM - 201D (rev. 10!2010). Copyright t9 1983, 197p and 2010 by The American Instltute of Architects, Ali rights rese:•ied. WARNING: This AIA'. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of thfe.,41A" Doct~rnent or any portion of it, may result in severe civil and criminal penalties, and wlli be prosecuted to the maximum extent possible under the IoM:. ~ Purchasers are permitted to reproduce ten (10) copies of this document when completed To report copyright violations of AIA Contract Documents, a-mail The American Institute of Architecs' legal counsel, copyright~ala.org ~ccax*oerc THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Jeffrey P. Deldin; Diana Toledo; Raegan Guglielmo; Christopher P. Greene and/or Peter J. Reeves of Brewster, New York , its true and lawful Attorney(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Ten Million and No/100 Dollars ($10,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6"' day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys-in- Fact of the Company to execute any and all bonds, policies; undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority,. Any such writings so executed by such Attorneys-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers. of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7"' day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WFIERE.OF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 10~' day of October, 2008. mecca ~naw~~c, THE C INSURANCE COMPANY ~~' CORPORATE g t SEAL ,~; _ ~.~„~~,i"'~t~'/~ ' ° R, ° Vice Presiders STATE OF OHIO ) ss: COUNTY OF BUTLER ) On this 10~' day of October, 2008, before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally la~own to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority 'and direction of said corporation. ~~a~~s'+~1 ~ ~, „+y, ~ S ~~ F C ,~, I 2 ~ ~ ~ . t. ~ MARK J. H LLER, Attorney at Law ~~~ NOTARY PUBLIC -STATE OF OHIO 4 ~ X~''~y*~ My commission has no explratfon +b+~~~'# ~~-A O _ date. Section 147.D3 O.R.C. --•aaa~w- I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI I'i 1SUR.ANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN un~er my hand and seal of said Company at Fairfield, .Ohio. this 3 r' day of /~i1l~l'(~l ~ ~ d l ~ . ~~~~ inaw~~~, J ~ ~ ` ~,° CORPORATE q SEAL 4 ' o„~o ' BN-1005 (10/08) Secretazy ,_._. /~ j (( ('~w' a ~j f~7e Cit~~ir~u~;~~ti iri;,uraincr~ i'tutrp~~ray r the t_i ~ ur~~~n inrlr~n7~uty C~7rn~~•3ny 1 ~! V ~ I ~ t V~ ! t Thi~ c: ir~Cinr~~~t~ C.-~~~~~altY Cc~n~i~~t~ny +~ f~t~C CarxCi~'irrusti 5X1~x~.3I! }~ Urrr,~~ ~n~r r~~~, i ar inc C ~rrafz-any Tns, C~ru:mn,3~ i.~t•_ Itl,..uu~r~r., t_f.~r'nr~ziriy irvsur~a~lcrLL corvlr~nll~s THE CINCINNATI INSURANCE COMPANY FINANCIAL STATEMENT DECEMBER 31, 2012 ASSETS Cash $ 316,638,139 Bonds 4,860,002,716 Stocks 3,095,379,010 Agents Balance Receivable 1,244,309,297 All Other Admtt#ed Assets 250,930,339 TOTAL ADMITTED ASSETS . 9 7$ .67.259.50] LIABILITIES Resewe for Lasses and Loss Expense $3,696,774,342 Reserve for Unearned Premiums 1,723,597,502 All Other Liabilities 433,289,679 Capital $ 3,586,355 Surplus 3,910,011,623 3.91.3,597,978 TOTAL LIABILITIES & EQUITY . 9-7 7a'~- State of Ohio County of Butler 'Cheresa A. 1-[otfier, 'T'reasurer of The Cincinnati Insurance Company, being duly sworn for herself, deposes and says that she is the above described officer of the said company and that the above Financial Statement as of December 31, 2012 is true and. correct to the best of her knowledge and belief. ~~ Theresa A. Hoffer `Creasurer Subscribed and sworn before me tl,ais 25`x' dad pf February, 2013 ~`:~ ~ ~ ~ , ~ y ~-- ~i~t~r{t~ui ~ s.~.•1~t(~ ~ ~ , • r-. ~~.„~i~ F ahlir ~~~t~, - - ~r ~.~~~mrs .,n . ~ a~ 03~-16-201f; '• f~iailir~g AUdrezs ~' O. f4c~r, I454~il; Culunn~+t~, Oi uc; 45750 S4~JG Headquarters: i~7O(1 ~ Ciilmc~ii~ Rn;~h • ! ~rtic'lC~ i:)hi~~ ~~0!-1-`~ l ~l 1 ~;~:^,•~1~ i u~ttn.c earn • 1;1 _~-8?0 ;'~~t.1i? State of u. ~ CUUhty Of ~~ C M y o On this day of ---- ~8.~-,_„-„ before mn persottalty camso•d~ ~ ~ ~ 4 i g to me known,~~. d and known to ma to b the individual described in and who executed the foregoing instrument, and acknowledged tome that ha axet:utedM the lama ~t•~'zz+ r3 My commission axprrei Notary ubtic State of ss. County of ~ 0 a' c On this day of 19 .,before ma personally came b ~~ ~ to sTSe known and known to me ~ H g ~ '~ to lxs 7 member of the firm Ot dnerlbed to and who exeeuad tt+e foregoing Instrument, and he thereupon ackhowledged to me that he executed the same as and fps ttse aet and deed of said firm. My commission expiret Notary Publie State of ~PJ~i ~G?Ji ~~- County of~,~s- .~ ~ ss. Qn thfs L) ! day of ~~~-,'y \ 1201 ~ ~ before me per:anaity came ~~`n~ `t ` `V~_~-Q.~ , to me known. i ~ who being by mt duly sworn, did depose and say that 1te is the Q6ZS'1 ~~'Y\~" ~ ~ ~~\ ~ ~Xl J- ~y~g ~~ ~ ( of the corporation described in and which executed the above instrument: that he knows the seal of said corporation, that the seal affixed t4 said instrument is such corpq_~trre~ltal • ch~~ xe~w~d~e~r of the Beard of t]Frectors of said earporatfon, and chat he t3gned hls name thereto by like order, !NV tN`YY ~o- O11~JE6081072 /-~, C%hI'Ii:'IC.AiE AILED DiTl'CHESS COUNTY ~ 1 \ ~/ My commission expires CCtPF.MISSIONESPIIBI•;`.99.3~20;~~ -- _ _ _ _ Notary >'ublic New York ^ ~ ^ State of Putnam ~'_' County pf ) On this 3rd day of March 2014 ~etore me persortafiy came Diana Toledo to me known, who, t>e}ng by me duly sworn, did drposa and say that The Cincinnati Insurance Company , he is an attorney-in-fart of the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed tv the within instrvrnent is s++rh corporate seal, and that fie signed the said instrument andaitixad the raid seal as Attorney•in-Fact by authtrity of the Board of Diroctors of said corporation and by authority at this elfice under the Standing Reso{vtions thereof, My commission expires Notary tic RM fq 13 ,,,i -~ ~o ~ ~O a~ c~ y ~~ z H 7 O£ C" rrt d ~~ rh z H Non-Collusive Bidding Certificate In accordance with the provisions of Section 103-d of the General Municipal Law as amended, the following "Non-Collusive Bidding Certificate" is and shall become a part of this proposal: (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 organizations 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 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; and (3) no attempt has been made or will be made by the BIDDER to induce any other person, partner- ship, or corporation to submit or not to snit a bid for the purpose of restriction of competition." Signature and Title In accordance with the provisions of Section 103-a of the General Municipal Law the following clause is hereby inserted to provide: "That upon the refusal of a person, when called before a grand jury to testify concerning any transaction or contract had with the State, any political subdivision thereof, a public authority or with any pubic department, agency, or official of the State or of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concern- ing such transaction or contract, (a) such person, and any firm, partnership, or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal cor- poration or any public department, agency, or official thereof, for goods, work, or services, for a period of five years after such refusal, and to provide also that (b) any and all contracts made with any municipal corporation or any public department, agency, or official thereof, since the effective date of this law, by such person, and by any firm, partnership, or corporation of which he is a member, partner, director, or officer may be canceled or terminated by the municipal corporation without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancella- tion or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to cancellation or termination shall be paid." 00310-6 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 BID FORM 00310-4 9.01 The Town of Wappinger has been and will continue to be an equal opportunity organiza- tion. All qualified Minority and Women-Owned Business Enterprises (MWBE) suppliers, contractors and/or businesses will be afforded equal opportunity without discrimination be- cause of race, color, religion, national origin, sex, age, disability, sexual preference or Vietnam Era Veterans status. The BIDDER shall comply with the material specifications and the Standard Clauses for NYS Contracts, Clauses Required by Office of Parks, Rec- reation and Historic Preservation and Equal Employment Opportunity Policy Statement appended to the specifications. 10.01 The project is in part funded by a Community Development Block Grant administered by the Dutchess County Department of Planning. 00310-4 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 BID FORM 00310-2 C. BIDDER has obtained and carefully studied (or assumes responsibility for obtain- ing and carefully studying) all such examinations, investigations, explorations, tests and studies which pertain to the physical conditions at the site or otherwise may af- fect the cost, progress, performance or furnishing of the work as BIDDER considers necessary for the performance or furnishing of the work at the Contract Price, within the Contract Time, and in accordance with the other terms and condi- tions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions (and reports or drawings of Hazardous Environ- mental Conditions, if any, as provided in paragraph 4.06 of the General Conditions); and no additional examinations, investigations, explorations, tests, re- ports, or similar information or data are or will be required by BIDDER for such purposes. D. Contract Time and Liquidated Damages The Cortract Time commences to run as provided in paragraph 2.03 of the Gen- eral Conditions and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions as specified in the Agreement. CON„RACTOR shall pay OWNER as specified in the Agreement for each Galen- ', dar d'ay` that expires after the time specified in Agreement for milestones and for completion and readiness for final payment. E. BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or con- tiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, or similar information or data in respect of said Underground Facili- ties are or will be required by BIDDER in order to perform and furnish the work at the Contract Price, within the Contract Time, and in accordance with the other terms and conditions of the Contract Documents, including specifically the provi- sions of Paragraph 4.04 of the General Conditions. F. BIDDER has correlated the results of all such observations, examinations, investi- gations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. G. BIDDER has given ENGINEER written notice of all conflicts, errors, or discrepan- cies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. H. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not di- rectly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm, or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any ad- vantage over any other BIDDER or over OWNER. 00310-2