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Sun Up SECTION 00310 -BID FORM CONTRACT NO. 12-012 GENERAL CONSTRUCTION BID FORM TO: The Town Board of the Town of Wappinger. In compliance with your Advertisement for Bids, published in the ouo S.Q.Q. Journal dated ~`_ipr~ ~ '+, Loy ~} ,the undersigned, ~~ aro I W . Q~~,c~r,ner having carefully examined the Contract Documents and any Addenda thereto, proposes and agrees as follows: 1. To furnish all the equipment, and incidentals, and to furnish labor and do all the work required, to construct, furnish, and complete the Contract No. 12- 012, Roberts Road Sewer Improvements -General Construction and associated work in accordance with the prices so named in this bid in a worker like manner, in accordance with the plans and specifications, all of which are a part of the contract hereto annexed. 2. To complete all the work as shown and specified, on which this bid is based, within the timeframe(s) specified in these Contract Documents and any Addendum thereto. 3. To furnish the Town within five (5) calendar days from the date of the request, if identified as the apparent low bidder and if requested by the Town, a Statement of Qualifications. 4. To enter into a contract and to furnish, with suitable surety to be approved by the Town Board, performance and labor and material payment bonds, the amounf of each of the bonds to be the full amount of the awarded bid price as it appears in this proposal, within thirty (30) calendar days from the date of acceptance of this bid 5. To comply with the Davis-Bacon Act and other federal labor standards or provisions and to pay New York State prevailing wage rates applicable to this contract. In compliance with the Instructions to Bidders, the undersigned declares that he/she has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be done. He/she has examined the plans and specifications for the work and the contract documents relating BID FORM 00310-1 E:\documents\T Wappinger\a W2012\W21205 Roberts Rd Pump Station\Spec~cations\00310_General.doc ~" thereto, has read all addenda furnished prior to the opening of bids, and has satisfied himself/herself relative to the work to be performed. If the undersigned fails to perform any of the promises made herein, the certified check, which is herewith deposited with the Town Clerk, will be paid to the Town of Wappinger or payment of the bond herewith deposited will be enforced for the benefit of the Town of Wappinger as liquidated damages for such default; otherwise the check or bond will be returned to the undersigned. ADDENDA: Receipt of the following addenda (if any) is hereby acknowledged and the provision(s) thereof is (are) included in this bid: N o /V~ ADDENDUM NO. DATE AT The bidder proposes to perform the work required in accordance with the Contract Documents for the sum of: BASE BID (GENERAL CONSTRUCTION) (in writing) ~,,.6Q~e~ 77i.r%t~y +-- ~~ (and figures) Dated: ~ c,,- - ~ l 5 , 20 `~ SIGN BID HERE ,yes ~~en-4- uthoriz nature Title N ro I~ l~ Ruc hne~ Print W~me Legal Company Name t3N UP ENTERPRISES, INC. Address 1(~ o~ R ou~c 37 (~ City, State, Zip vJ ~ o ~ r~ap.~s ~a ~,S . N ~ 1 a 501 D Telephone No. g~-F5 - 4 tom - L S oD Federall.D.# ~~--~~a(~3~~ ~. .BID FORM 00310-2 E:\documents\T Wappinger\a W2012\W21205 Roberts Rd Pump StationlSpecifications\00310_General.doc I~ ~"' Z W Z~W ~ZO w~~o- _ ~ Z ~ N tq Q ~ W m ~ m W U a~~Q m Z ? ~ ~ ~ ~ CA ~ Z m 00 U~ n ~ J m ,0 ~ ~ ~ 6 ° ~ O o o ~ M Q W 4 o o 0 1~ ~ ~ ~ ~ ~ 0 ~ ~ o ~ o ~ ~ ~ ~ ~ m W !Y O ~ ~ o ~ ~ W N U' ~ o ~ m LL ~y ~ J Q Q Z ~ ~ ~ ~ !- m ~ ~ W U ~ ~ ° Z 6 ~ ~ i I ~ ~ ~ ~ ~ o~ ~ Q ~ Z ,a ~, ~ W F-- ~ ~ \ ~~ ~ .~ ~ i ; ~ ' ~ ~ ~ ~ ~ ~ H W ~- ~ Z cn ~- >- Q = ~ U U W Q D.. ,~ ~~ H~ ~ M M ~ i _ i ~( WC~ ~Z . ~ z o ~ N ~ ° 'r; ; rri , ~ Nom. ~ N ~G a b o o °° - ~ ~ w ~ n V U (p = ~ ~- N ~ ~ U ~ ` ~ C N -o ~a ~cc~ ° ~ c W ~ N~~~j°~oo C ~ U~ U ° ca ~ ~ m ~ ~ N ~ N O \ "6 Q ~ ~ ~ C_ ~ N c• N o~ Nt ~ ~ Q 'O Q c ~ N W v ~ W Q Z ~ m~ ~cc L• ~ " o~ to ~ ~ N N x W N '` o Z U Z N >+ U Z ~ . . y ~ (0 'C ~ U fd "O Y O ~ a-' Q ~ Q N W E N~ O O~ C O . ~ p ~ U ° y ~ ~ ~ Q) ~ ~ CA C Q O ~ N N u' Q . ~ Q. C .~ ~ ~ Q J O Y -~ ~ O ~~ J U O U ~ t~ ~ O~ U ~ to N M ~ J Q f- O Q U Z ~- U W D Z W 7 `-1' ~ ~ n ~ n `~ ~, ~ 7 `~~ ~ ~~ -i~. IJ u U 0 I rr SECTION 00410-BID BOND BID BOND FORM KNOW ALL PERSONS BY THESE PRESENTS: that * Sun Up Enterprises Inc Principal; and ** Travelers Casualty and Surety Company of America hereby held as as Surety, are and firmly bound unto the Town Board, Town of Wappinger, New York. in the amount of: FIVE PERCENT OF ATTACHED BID Dollars (~ 5~a of attached bid 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 11th day Of Apri 1 20 14 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 Roberts Road Sewer Improvements in the Town of Wappinger, New York, as shown and specified in the contract, plans and specifications. 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 the Contract Agreement in the form attached hereto (properly completed in accordance with said Bid) and furnish such performance bond and labor and material payment bond as required, 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 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 hereby waive notice of any such extension. *Insert Bidder's Name **Insert Surety's Name BID BOND 00410-1 E:ldocumentslT Wappinger\a W20121W21205 Roberts Rd Pump StationlSpecifications\00410.doc IN WITNESS u~ hofOthem a care (Corporations have caused the r Co porate (seals ao and seals, an be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. (Seal of Principal if a Corporation) (Officer's/Partner's/Individual's) signature Sun Up Enterprises Inc PRINCIPAL arbld Buchr~r, ?~~s'Sdent By: (Corporate Se~ of Surety Co.) (Officer's/Partner's/Individual's) name printed Harold Buchner (Corporation/Partnership/Individual) name printed STATE of Newyork COUNTY of •~r ~u~c~jes•S ) ss: Travelers Casualty and Surety Company of America ,, p p By . ~ ~C. ~JlilA ~ ~7J' arme a rassi, ttorn -in- act On this 11th day of April , 2014 before me personally came Harold Buchner to me known and known to me to be the person described in and who executed the foregoing instrument, and he/she duly acknowledged that he/she executed the same. Notary Public, County p! ^,^.l q C . E n.~l ~~!? I No. Term Expires Notary P~~'";, "=,~<ii~ of New York 1 ~,~, ,c~~+iia7 r-a ~` t~ t.s County - END OF SECTION- Co-~~~ ~ =~~ ~'r ~>~~~~~ rviay ~ 7, 20.L BID BOND 00410-2 E:\documents\T Wappinger\a W20121W21205 Roberts Rd Pump StationlSpecifications\00410.doc NOTARIAL JURAT INDIVIDUAL ACKNOWLEDGMENT State of } County of } On this day of ,before me personally came to me known and known to me to be the individual(s) who executed the foregoing instrument and acknowledge to me that he/she/they executed the same. Notary Public PARTNERSHIPACKNOWLEDGMENT State of } County of } On this day of ,before me personally came to me known and known to me to be a member of the partnership of acknowledged that he/she executed the foregoing instrument as the act of the said partnership. Notary Public CORPORATION ACKNOWLEDGMENT State of } County of } On this day of ,before me personally came to me known, who, being by me duly sworn, did depose and say that he/she resides in ;that he/she is the of the the corporation which executed the foregoing instrument; that he/she knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of the said corporation, and that he/she signed his/her name to the instrument by like order. Notary Public SURETY ACKNOWLEDGMENT State of New York County Of Dutchess On this 11th day of April 2014 ,before me personally came Carmella M Grassi to me known, who being by me duly sworn, did depose and say: that he/she resides in the City of K; ngston that he/she is Attorney-in-Fact of the above signed surety, the corporation described in and which executed the foregoing instrument; that he/she knows the corporate 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 his/her name theret by like order. KATHLEEN A BROWN -~L~-rL_.- Notary Public, State of New York N ary Public Qualified in Ulster County Reg. No. 4719731 Commission Expires Oec. 31, 20 OF TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney-In Fact No. 224598 Certificate No. 0 0 5 8 2 3 8 91 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Frank S. Mazanto Jr., Kevin A. Viana, Mazy Ann Szczypca, Timothy Rychcik, Susan Provost, Kathleen A. Brown, Carmella M. Grassi, and Eleanor Menges of the City of Poughkeepsie ,State of NeW York ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions of proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of March 2014 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 5th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company G~SU,~ FIRE 6 F,M ~Nf 1~ N ~"V. lTY ANO Y ~) 2 J M OF ~ ..... ;G9 JPY.........Hq i mJP m AMD ~7y 4~ 'k'0 pr ~pPOq~t ~' ss y~jW ar >P fQ'pN GON,F1 •'/,i ?`~;. ...'L~,l ~p G9 S~ Ca tti~ ~ 3~` ~ l: Y 19/ / wC~ m ~~ ry F~ .~pP~ORglf ..~~ ~` ~ R 1 9 8 2 0 ~^ i F t . ms s : HARTFORD, t HAfttF6RD, '~ < i ~`: n ~i •o $ in ~ ~bq_ S+D ~' 1951 N2 ~ a. ~~,SE AL loI ~`:.SE~LIs,~3 ~, CONN. a Z Or ~ "".^..' ~ 1896 ~'`~ ^ mkt fw.~..AN~ !r •..... ~d df F,~a t AMt State of Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President On this the 5th day of March 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Pau] Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. ~G•~ W w~ ~ V My Commission expires the 30th day of June, 2016. ~ AlllUG * Marie C. Tetreault, Notary Public ~~s 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 08183 FINANCIAL STATEMENT AS OF DECEMBER 31, 2073 AS FILED IN THE STATE OF NEW YORK CAPITAL STOCK $ 6,480,000 CASH AND INVESTED CASH 8ONDS $ 67,798,624 UNEARNED PREMIUMS $ 808,717,871 INVESTMENT INCOME DUE AND ACCRUED 3,452,214,898 47,758,502 LOSSES LOSS ADJUSTMENT EXPENSES 809,863,176 460 670 453 OTHER INVESTED ASSETS PREMIUM BALANCES 285,099,610 COMMISSIONS , , 31,781,136 NET DEFERRED TAX ASSET 190,836,462 TAXES, LICENSES AND FEES 12,A82,322 REINSURANCE RECOVERABLE 81,575,098 11,361,414 OTHER EXPENSES FUNDS HELD UNDER REINSURANCE TREATIES 38,437,893 94 401 464 SECURITIES LENDING REINVESTED COLLATERAL ASSETS 4,910,772 CURRENT FEDERAL AND FOREIGN fNCOME TAXES , , 18 387 407 RECEIVABLES FROM PARENT, SUBSIDIARIES AND AFFILIATES 30,772,481 REMITTANCES AND ITEMS NOTALLOCATED , , 13 577 503 STATE SURCHARGES RECEIVABLE OTHER ASSETS 258,771 AMOUNTS WITHHELD /RETAINED BY COMPANY FOR OTHERS , , 23,615,357 14,872,822 RETROACTIVE REINSURANCE RESERVE ASSUMED 1,511,674 POLICYHOLDER pIVIDENDS 8,462,513 PROVISION FOR REINSURANCE 3,970,484 ADVANCE PREMIUM 1,078,809 PAYABLE FOR SECURITIES LENDING 4,910,772 DERIVATIVES 112,003 CEDED REINSURANCE NET PREMIUMS PAYABLE (64,954,254) ESCHEAT LIABILITY 471,948 OTHER ACCRUED EXPENSES AND LIABILITIES 242,236 TOTAL LIABILITIES $ 2.265,740,367 CAPITAL STOCK $ 6,480,000 PAID IN SURPLUS 433,803,760 OTHER SURPLUS 1,44f,438,327 TOTAL SURPLUS TO POLICYHOLDERS $ 1,881,720,088 TOTAL ASSETS $ 4 147 480 454 TOTAL LIABILITIES & SURPLUS ~ 4.147,460,454 STATE OF CONNECTICUT ) COUNTY OF HARTFORD ) SS. CITY OF HARTFORD ) MICHAEL J. DOODY, BEING DULY SWORN, SAYS THAT HE iS SECOND VICE PRESIDENT, OF TRAVELERS CASUALTYAND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAiD COMPANY AS OF THE 31 ST DAY OF DECEMBER, 2013. SUBSCRIBED AND SWORN TO BEFORE ME THIS 19TH DAY OF MARCH, 2014 ~r~ EE t~ SECOND VICE PRESIDENT '.t r.--•-•. NOTARY PUB IC SUSAN M. WEISSLEDER A'orary Publfc Afy Comu~lulon Expires A'ovember 30, 2017 SECTION 00410-BID BOND BID BOND FORM KNOW ALL PERSONS BY THESE PRESENTS: that as Principal; and ** as Surety, are hereby held and firmly bound unto the Town Board, Town of Wappinger, New York in the amount of: Dollars ($ ) 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 day of 20 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 Roberts Road Sewer Improvements in the Town of Wappinger, New York, as shown and specified in the contract, plans and specifications. 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 the Contract Agreement in the form attached hereto (properly completed in accordance with said Bid) and furnish such performance bond and labor and material payment bond as required, 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 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 hereby waive notice of any such extension. *Insert Bidder's Name **Insert Surety's Name BID BOND 00410-1 E:\documents\T Wappinger\a W2012\W21205 Roberts Rd Pump Station\Spec~cations\00410.doc . ~ r 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 of Principal if a Corporation) ~. PRINCIPAL By: (Corporate Seal of Surety Co.) (Officer's/Partner's/Individual's) signature (Officer's/Partner's/Individual's) name printed (Corporation/Partnership/Individual) name printed STATE of COUNTY of 1 ss: On this day of , 20 before me personally came to me known and known to me to be the person described in and who executed the foregoing instrument, and he/she duly acknowledged that he/she executed the same. Notary Public, No. County Term Expires - END OF SECTION- ~` BID BOND 00410-2 E:ldocuments\T Wappinger\a W2012\W21205 Roberts Rd Pump Station\Specfications\00410.doc ~r SECTION 00480-CERTIFICATION OF NON-COLLUSION CERTIFICATION OF NON-COLLUSION BY BIDDER ~ The undersigned represents that pursuant to Sections 103-a and 103-b of the General Municipal Law of the State of New York, no person referred to in the attached proposal who is the bidder or who is or was a member, partner, director or officer of the bidding ~'" firm or entity under this proposal has refused to sign a waiver of immunity or to answer any relevant questions relating to any transaction or contract with the State of New York, any political subdivision thereof, or any public authority, during the period of five ~r years prior to the date hereof. The undersigned agrees that any contract awarded as a result of this bid may be canceled without penalty upon the grounds set forth in Sections 103-a and 103-b of the said General Municipal Law of the State of New York. The ~"' names and addresses of all persons and parties interested in the foregoing bid are as <. follows: r ~r S. r i e N J ~ (c o 3 By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: 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 ~r 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, 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 fuf~ish with CERTIFICATION OF NON-COLLUSION 00480-1 E:\documents\T Wappingerla W20121W21205 Roberts Rd Pump Station\Specifications\00480.doc Iw t the bid a signed statement which sets forth in detail the reasons therefore. Where I, 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 political subdivision, public department, agency or official thereof to which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition. 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 one. Any bid hereafter made to any political subdivision of the State or any public ,,,, department, agency or official thereof by a corporate bidder for work or 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 i' certification referred to in subdivision one 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 in ion therein of the .. certificate as to non-collusion as the act and deed of the c ora io~ X ~ d ~ ~u~hner SUN UP ENTERPRISES, - END OF SECTION - CERTIFICATION OF NON-COLLUSION 00480-2 E:\documents\T Wappinger\a W2012\W21205 Roberts Rd Pump StationlSpecfications\00480.doc