W.M. SchultzF
~. TOWN OF WAPPINGER
UNITED V1rAPPINGER WATER DISTRICT
~' ~ WATER MAIN EXTENSION TO CHELSEA HAMLET
CONTRACT NO. 13-006
BID FORM
THE TOWN RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS. EACH BID FORR N
SMALL BE ACCOMPANIED BY BID SECURITY (AS DESCRIBED IN THE INSTRUC
~0 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 Maron a 2o~a
. (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 Water Main Extension
to Chelsea Hamlet Project; Town of Wappinger, as required by and in strict accordance
with the plans, specifications and all other documents relating to Contract No. 13-006, for
the prices stipulated and as shown on this bid form.
. Name Of Bldder:_ W M Schultz Construct~ion~ln~c' s~'
* Circle applic~
" 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 SIGNAT E
ADDENDUM NO. 1 si22i2°'4 /Til wt
ADDENDUM N0.2 3i25izo,a /f~
\` ADDENDUM NO. 3 -~ ~
ADDENDUM N0.4
200 02
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 ac~ocdance 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
pe~ormance of the contract or 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
not a defaulter as surety, contractor, or otherwise upon any obligation to the
Town Board, Town of Wappinger.
~` (f) All work shall be completed within the time allotted, from the date specified in
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.
r
200 03
~. 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 accot'.dance 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 contract or 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
not a defaulter as surety, contractor, or otherwise upon any obligation to the
Town Board, Town of Wappinger.
(f) All work shall be completed within the time allotted, from the date specified in
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 03
u
(h) Each and every provision of any law and clause required by law to be
bid documents shall be deemed to be inserted herein and the
th
d i
e
n
inserte
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.
(j) The work can be performed as called for by the proposal and that the plans
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.
nn~~~~
`' llb~lt ~ ~ the
bidder a rees t at s
(m) to the event of a lawsuit, the g
same county as the location of the project.
I
MAR 31 2014
BID FOR CONTRACT WORK:
TOWN OF WAPPINGER
Base Bid ~ TOWN CLERK
Install water distribution improvements and related items in accordance with the Contract
~,., Documents, not including Bid Alternate 1. 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 13-006, agrees to accept (unless modified pursuant to the
~,,. terms of the General Conditions) a total, final and fixed contract price not to exceed:
s)
t~o(l4rS.
~ 3~~$5t, o0
(Figures)
200 04
fir,
~` ; ,' Add Alternate 1 Bid
For Add Alternate 1: Overlay paving of Entire Stenger Court, 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 13-006, agrees to accept (unless modified
pursuant to the terms of the General Conditions) a total, final and fixed contract price not to
~' exceed:
$ c~~ ~~.~~-~hou~r~, ~ one. bcx,.dr~c~ do1.\ ars
(Words)
. (Figures)
Add Alternate 2 Bid
For Add Alternate 2: Electrical Service for Pressure Reducing Vault, 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 13-006, agrees to accept (unless
modified pursuant to the terms of the General Conditions) a total, final and fixed contract
~. price not to exceed:
(Words)
$ 15 ~ 000 00
(Figures)
r
r.
O
~,
~.
~ .
Also made a part of this bid is the attached do entation per Division 100, Article C.3.
Sign ~ ere ~ `~1 `
~, AUTHORIZED SIGNATURE
~n# Name William M. Schultz
~~~ _
~~ ~ ~-~ ~~ President
~~ o G
~P -'{~CI (~m any Name W.M. Schultz Construc '
~N ~FVN1``~~''G~ (Individual, Partnership, Corporatio LLC)*
~O O- Al * Circle applicable wor
V`~
ompany
Mailing Address 831 State Route 67, PO Box 2620
STREET
Ballston Spa New York 12020
CITY STATE ZIP CODE
Federal Employer
Identification No. 14,1827521
Tetepl~r~r~ Flo. - ~ 518-885-0060 . ~ ~ ~ `
200 05
~~
Yr .
~ .
~.
~.
~.
~.
rr.
(tf 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 1 n1A
(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: N/A -
[~[~C~C~~~I~D
MAR 31 2014
TOWN OF WAPPINGER
TOW N CLERK __
200 06
STATE OF NEW YORK )
ss:
COUNTY OF Saratoga )
On the thirty-first day of March 2014, before me, the
undersigned, a Notary Public in and for said State, personally appeared William 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
f]ualified In Saratoga County
Commission Expires i 1-13-20 )-1
~.
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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 08
. E3;ID BO~tD_
KNOW ALL MEN BY THESE PRESENTS: that _ ~ .
rrr *W M Schultz Construction, Inc., P.O. Box 2620, Ballston Spa, New York 12020 aS Principal; and
** Liberty Mutual Insurance Company, 175 Berkeley Street, Boston, MA 02117 aS $Urety, are hereby
~ held and firmly bound unto the Town Board; Town of Wappinger, New York in the amount
pf; Five Percent of Attached Bid QOllars ~ 15°l)
~• for' the payment whereof Principal and Surety bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severa~y, firmly by these presents.
~. Signed this 31g` day of March 20 la •
WHEREAS, the condition of the above obligation ~ 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 ~rnkgas shown atntt speclFied in Contract No~13--006, t for the
Town of Wappinger, New
NO11V THEREFORE, .
(a) if said Bk! shad be rejected, or ~ the e~ernate .
~, (b) !f said Bid shall be aa~epted and the Prlndpai shad execute and deliver a
contract in the Form of an Agreement attached hereto (properhr completed in
accordance with said Bid) and sh~llt in aN respects perform the e9reement
~, created by the acceptance of said Bkl, then this obligation shall be void.
Otherwise, the same shall remain M 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 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 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 hereliywaive 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.
G~ P C A
*lnsert r3~idder•'s Name
**insett ${lrEty'S Name By William M Schultz resident
200 09
Signed, sealed and delivere~~~ ~
in the presence ~of
J. Colum
(Corporate seal of Contractor
i# a corporation) .
. W. M. Schultz Construction, Inc.
P.O. Box 2620, Ballston S a, New York 12020 '
Gontrac~or
. ~ `'~'LG
- By William M. Schultz, Preside '
Bharles C. Leach, Attoreny-i -Fact(T"ltle Of Ofi'icer)
(Corporate seal of
Surety) ` .
200 010
Liberty
NLutuaL
SURETY
Assets
LIBERTY MUTUAL INSURANCE COMPANY
FIleIAIeICIAL STATEIa'IEI~iT - DECEMBER 31, 2012
Cash and Banlc Deposits ......................................... $ 903,711,694
Bonds - U.S Govetntnent ..................................... 1,166,929,471
TOthet•Bonds ............................................................ 11,415,194,219
~Stoclcs ...................................................................... 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 ..................................... ~4Q,205 366 ,77
Liabilities
Unearned Premiums ........................................ w`...... $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 .............................................................. $25,694, 99,915
Special Surplus Funds ................. $604,621,497
Capital Stock ............................... 10,000,000
Paid in Surplus ............................ 7,899,471,886
Unassigned Surplus ..................... 5,996,373,279
Surplus to Policytaol€lers ............................... 14,510,466,662
Total Liabilities and Surplus ................................ 40,205,366,577
JP~ IN 5 Uqq~
ti LpRPOPWT ~.
F ~ ~ ~ '' Bonds are stated at amortized or investment value; Stocks at Association Market Values.
r 1912 3 The foregoing financial information is taken from Liberty Mutual Insurance Company's financial
~~ 9'rSACH~S~l~ statement filed with the state of Massachusetts Department of Insurance. .
I, TIM MIKOLAJEWSKI, 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.
i AaYI S~' ~'~, ~''~` .
Assistant Secretary
rrY
11~ S-1262LMIC/a 4/12
STATE OF NEW YORK ) ~ -
ss:
COUNTY OF ,Albany
On the 31s` day of March 2014 ,before me, the
undersigned, a Notary Public in and for said State, personaliy appeared wiu~am M. schuitZ
personally known fo 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.
.. ,u, ~ z~.~ ~"J
NOTARY PUBLIC Rensselaer County
Comm. Exp. 12/18/2014
' 20011
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Liberty Mutual Insurance Company
Boston, MA 02117
ATTORNEY-IN-FACT NSTIFICATION
PRINCIPAL'S ACKNOWLEDGMENT - IF A CORPORATION
State of New York,
County of Albany}~s
+~ On this 31~` day of March, 2014, before me personally appeared William M. Schultr, to me known, who, being by me duly sworn, deposes
and says: That helshe 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 he/she 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.
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RenSSelae County
Co m. Exp. 12/18/2014
SURETY COMPANY'S ACKNOWLEDGMENT
'~ State of New York,
County of Albany} ~~
On this 31" 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 helshe 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 helshe 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 hislher 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.
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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. s2saoas
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American 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 WestAmerican 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, Charles C. Leach: David Bauer: Patrick J. Clyne: Robert Crandall: Sherri J. Grav Timothy M=Tvrreti
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 authonzed 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 H
'~ ~ Liberty Mutual Insurance Company
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~' ~ ~~ West American Insurance Company
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C STATE OF WASHINGTON ss Gregory .Davenport, Assistant Secretary ~
COUNTY OF KING to
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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
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v d Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, ~y
0 ~ execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. = W
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~d > 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. p
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_ ~ This Power ofAttorney is made and executed pursuant to and by authority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance vi o
w Company, Liberty Mutual Insurance Company, and WestAmerican Insurance Company which resolutions are now in full force and effect reading as follows: Q
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~~ ` 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, antl subject .
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~ d to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to actin behalf of the Corporation to make, execute, seal, ~, ~
O C acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-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
I 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 or attorney-in-fact under > ~
C ~ 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. ~ ~
= C ARTICLE Xltl -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 attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, L M
p 3 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 c aQ
Z 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 O o
executed such instruments shall be as binding as if signed by the president and attested by the secretary. ~
Certificate 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 alt 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 affuced.
I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West
tr 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.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 319f day of March , 20 14
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~ David M. Carey;
ssistant Secretary
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LMS 12873 092012 202 Of 300
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CERTIFICATION OF NON-COLLUSION BY BIDDER
~ ~ ~ No bid will 6e considered unless this Cert~cation 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 subparagraph (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.
I affirm these statements under penalt per ury.
BIDDER'S SIGNATURE: ~ " ~i~~~~~ DATE: March 31, 2014
liam M. Sc Itz, President
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