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Pat KearnsTOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 BID FORM 00310-1 Bid j ,, BIDDER Name ~~fi f~O-~°~w~~ ~~~=~~°~ - a% d l~ Address ~ ~ l~'C~'-~~~'~ ~~ ~~~ . ~~ l~:~ ~ ~^! Phone and Fax ~~I ~~)~~(1"`~~~ % ~(. ~~~ ~7d~.5s~~ f /' Date ~ ~ ~ r~ PROJECT: Town of Wappinger Robinson Lane Baseball Field ~~~ Community Development Block Grant OWNER: Town of Wa m er MAR 0 3.014 Pp 9 20 Middlebush Road TOWN OF WAPPINGER Wappingers Falls, NY 12590 I -r~WN CLARK 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 OWNER'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 '~,~ ~ Number -! Date ~ o?~ v?17f Number' Date Number Date Number B. BIDDER has familiarized itself with the nature and extent of the Contract Docu- menu, 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 spec'rfied in the Agreement for %ach 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 BIDDER or over OWNER. 00310-2 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 BID FORM 00310-3 I. 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. I 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. 00310-4 a> cd m m } °' 3 c Z c °c~ o m~ c c ~ o 0 c 0 H CC ~ e G l ~ ~ ~~' 1 4 t G' 4 \ . f N r~ \~ N d ~ ~ ~ ~~ 1 p~ ~ \F. ~ I L ~ ~ ~ LL ~ Il ~ ~ LL ~ ~_ LL . 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O K V ~t p~ ~, v ~ d C W O .. y O ~ °~ °' a~ ° fl-° Q mQ `-°~~oca~iaai>o~ ~d Qa> Nc~N~~c i°N c O c x p '~ x- y o a~~ ~~ 0 y E- - ~. m«. ~ .- N a CO O O O 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) i~ 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 submit a bid for the purpose of restriction of competition." /~~ l .-~ 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, fora 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 If BIDDER is: An In_ w [J By (SEAL) [' (Individual's Name) doing business as Business Address: Phone Number: A Partnership By (SEAL) (Firm's Name) Business Address: Phone Number: A Corporation (general partner) (Corporation Name) • ame of PersQp Authorized to Sign) 1._~1~~ f ~----~ (Title) (Corporate Seal) .Attest Business Address: Phone Number: 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). ~-~o' ~` 00310-7 OD/ Western Surety Company BID BOND (Percentage) Bond Number: 71515370 KNOW ALL PERSONS BY THESE PRESENTS, That we Pat Kearns Electric, Ltd. of 69 Gleneida Ave. , Carmel, NY 10512 ,hereinafter referred to as the Principal, and Western Surety Compa as Surety, are held and firmly bound unto Town of Wad inaers Of 20 Middlebush Rd., Wappingers, NY 12590 hereinafter referred to as the Obligee, in the sum of Five ( 5 %) percent of the greatest amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Supp1V & Install New 50 Amp Electric Service To Outlet Near Ball Field NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. . SIGNED, SEALED AND DATED this 3rd day of March 2014 Pat Kearns Electric, Ltd. nncipal) 4 Qy - (Seal) By ' (Seal) Attorney-in-Fact Form FSB76 ACHIVOWLEDGMENT OF SURETY STATE OF New York (Attorney-in-Fact) Bond No. 71515370 COUNTY OF (Westchester es On this ~ a day of ~~~ ~"~~ `.~ ,before me, a notary public in and for said County, personally appeared Jeffrey G. Werdal to me personally known and being by me duly sworn, did say, that he/she is the Attorney-in-Fact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors andthatthe said Jeffrey G. Werdal acknowledges said instrument to be the free act and deed of said corporation and that he/she has authority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at Harrison New York ,the day and year last above written. My commission ex Tres .~ m a ~ C b, ~ 2 C% i ~' ~._ Notary Public Form 106-9-2013 _ ~ i~101r~.ry F'Llr~ilf, :~E?i? Ji CdCVi! ~©f~C ~J. ~-~tJ,R~(;~t.~ Qualifies! in Weslchesder f;ounty Commission Expires i~lerch 9, ,2.~,i g Western Surety Company POWER OF ATTORNEY -CERTIFIED COPY WEST R SURE COMPANY Paul T. ruflat, Vice President Know All Men By These Presents, that WESTERN STTRETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint Jeffrey G. Werdal its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Pat Kearns Electric, Ltd. Obligee: Town of Wappingers Amount: $500, 000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of June 3 , 2 014 ,but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its corporate s€~~~i~~ affixed this 3rd day of March 2014 €~, ~, ~~ ~ ~= ~'td. ~ .4 3g~ ~ S S CUUN'l~'afJ:=9s se ~ On this 3rd day of March , in the year 2014 ,before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and dee f said co o anon. +tir~~~~wti~.ti..~~titi~„~~tirti + S. PETRIK r E L NOTARY PUBLIC otary Public -South Dakota +~SOUTH DAKOTA +~~~..titi~tirtititititirrti~~ti~titi + My Commission Expires August 11, 2016 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this March 2019 Bond No. 71515370 3rd day of WEST R SURE COMPANY Paul T. ruflat, Vice President Form F5306-6-2012