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Sun-Up L k TOWN OF WAPPINGER IT11fro V ECO CSD ROBINSON LANE PARK FENCING REPLACEMENT PROJECT CONTRACT 14-008 JUN 6 9 2014 j. BID FORM TOWN OF WAPPINGER TOWN CLERK L THE TOWN RESERVES THE RIGHTTO REJECTANY ORALL BIDS. EACH BID FORM SHALL BE ACCOMPANIED BY BID SECURITY(AS DESCRIBED IN THE INSTRUCTION TO BIDDERS). i V TO THE TOWN BOARD, TOWN OF WAPPINGER, NEW YORK i. Pursuant to and in compliance with your invitation to bid contained in the Notice to Contractors dated (n a3 2014 (montA) (day) (year) L the undersigned hereby proposes to furnish all labor, machinery, equipment, facilities, 1 tools, transportation, supplies, materials, insurances, permits, certificates, tests, L 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 j things necessary or proper for or incidental to the ROBINSON LANE PARK— FENCING �. REPLACEMENT PROJECT, Town of Wappinger, as required by and in strict accordance with the plans, specifications and all other documents, for the prices stipulated and as shown on this bid form. SUN UP ENTERPRISES, INC. Name of Bidder: (Individual, Partnership, orporation LLC)` Circle applicable wor 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: 4 DATE SIGNATURE ADDENDUM NO. 1 NaNE RECEI YEA fi ADDENDUM NO. 2 L ADDENDUM NO. 3 [ ADDENDUM NO. 4 S" In consideration of, and to induce the award of this contract to him/her, the bidder L represents and warrants that: a k L (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 G 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 t herein provided and will comply with all provisions of said Notice of Award. i1 (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 L that it is in all respect fair and without collusion or fraud. (c) He/She has carefully examined and fully understands all of the parts of the L contract documents, and that he/she will execute the contract and will completely perform it in strict accordance with the provisions thereof for the sum set forth on the bid. (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, 6„ 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 L work or labor to which it relates, or in any portion of the profits thereof. f (e) He/She is not in arrears to the Town Board upon debt or contract and is not a y, defaulter as surety, contractor, or otherwise upon any obligation to the Town Board, Town of Wappinger. i 3. (f) All work shall be completed within the time allotted,from the date specked 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 L from the bid documents without affecting the binding force of the remainder. L (h) Each and every provision of any law and clause required by law to be inserted in the bid documents shall be deemed to be inserted herein and the bid documents shall be read and enforced as though it were included herein; and if through mistake or otherwise any such provision is not inserted or is not correctly inserted, then upon the application of either party, the bid documents shall forthwith be physically amended to make such insertion. (i) That he/she is financially solvent and sufficiently experienced and competent to perform the work. f ' G) 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. 1. L (k) That the facts stated in his/her bid and the information given by him/her are true and correct in all respects. i. (1) That he/she is fully informed regarding all the conditions affecting the wo rk to be done and labor and materials to be furnished for the completion of this contract, and that his/her information was secured by personal investigation and research. (m) In the event of a lawsuit, the bidder agrees that said suit shall be filed in the same federal district or county as the location of the project. L BID FOR CONTRACT WORK: F I. BASE BID: {r The Bidder proposes to perform the work required in accordance with the contract documents for the lump sum of:7 / � it $ ndf -J1`,.�lnl /h �C nd(Z*Yqu—AA.af (Words) (Figures) 6 ADD ALTERNATE #1 BID: L The Bidder proposes to replace the existing fencing on field F2 with 716 L.F. of 8' high fencing, rather than 4' high, including all posts, 2- new 8'-wide swing gates and newfence fabric as shown and detailed on the plans for the lump sum of: i L $l/__I�,y�A 0t)A IL^4�/�,(Y n A9 IMfI, (Word6) 4 $ 1 gi9�+ a •Q0 (Figures) L L L L ADD ALTERNATE #2 BID: L L L The Bidder proposes to replace the existing fencing on field R1 with 688 L.F. of 8' high fencing, ratherthan 4' high, including all posts, 1-new 12'-wide swing gate and new fence Lfabric as shown and detailed on the plans for the lump sum of: $ Ati e uu cd Fu>-tu f ' 76b (Words) $ 18� 9g9 " L (Figures) ADD ALTERNATE #3 BID: L The Bidder proposes to Furnish and install 7,200 linear feet of corrugated plastic fence caps on all ball fields fencing at the park, as detailed on the plans for the unit price of: $ Un n uta eucamd �w�4h. d �[ A1ra ` ua (per linear f to ) (Words) (for Y toWof) L $ 37, (08O' °" (per linear foot) (Figures) (for a total of) L Also made a part of this bid is the attac d doc ntation per Division 100, Article C.3. L Sign Bid Here AUTHORIZED SI NAT RE tL Print Name rod e ` Title Pre 51deA L Official Company Name sNu N PRISES,INC. L (Individual, Partnership Co ora 'O—n, tLC)- *C-ircre-ZpphC9bIe word L Company Mailing Address 3UN UP ENTERPRISES,INC. 'z'rCFalls,NY 12590 CITY STATE ZIP CODE LFederal Employer Identification No. 14- I to a !0 3 9 LTelephone No. E45 - 4&.? - 18o D Fax No. 845 - H tea- 8375 L If bidder is a corporation, fill in the following blanks.) L L LOrganized under the laws of the State of: New 1 'A L Name and Address of President: U Ll Lo bur-h h e✓ ,, 6ie , I la D i Name and Address of Secretary: Co,-olc S Ruc1.ner L i Name and Address of Treasurer: 0 1 S �utl.ne� 'r . e 03 L (If bidder is a Limited Liability Company, fill in the following blanks.) r Organized under the laws of the State of: Name of Manager or Managing Member: Agent for Service of Process: i Address for Service of Process: L { L i L L L L L L L STATE OF NEW YORK ) ss: I COUNTY OF -DU-ICFieSS 1 L On the CA 11b day of SUnc A D 1 4 before me, the undersigned, a Notary Public in and for said State, personally appeared ll ,rn a LL) M ne r L personally known to me or proved to me on the basis of satisfactory evidence to be the Lindividual 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 Lindividual, or the person upon behalf of which the individual acted, executed the instrument. DIANA C. EMMI Notary'Put,n 'IQ 03-' ' ew" York it Corm �n `Jo Oi .24087 QIn' G[' C,C;,20 Comm,Ssion Expu as h.ay i%,20_ NOTARY PUBLIC L L L. L L ¢L L. L BID BOND KNOW ALL MEN BY THESE PRESENTS: that sun Up Enterprises, Inc as Principal, and Travelers alts and surety company of Ampricn as Surety, are hereby held and firmly bound unto the Town Board, Town of Wappinger, New York in the amount Of: FIVE PERCENT OF ATTACHED BID Dollars $ W ,.� 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 5th day of .rune 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 ROBINSON LANE PARK — FENCING REPLACEMENT PROJECT for the Town of Wappinger, New York, as shown and specified. NOW THEREFORE, (a) If said Bid shall be rejected, or in the alternate (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of an Agreement attached hereto (properly completed in accordance with said Bid) and shall in all respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void. Otherwise, the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the 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. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are Corporations have caused theiro s t hereto affixed and the rssen4st a signed by their proper icerAdS first nJc I JUN 0 9 2014 TOWN OF WAPPINGER TOWN CLERK (SEAL) 'r3 SL Up Enterprises, Inc. PRINCIPAL `Insert Bidder's Name "Insert Surety's Name By He oldsuch a President Signed, sealed and delivered in the presence of (Corporate seal of Contractor if a corporation) Sun Up Enterprises, Inc. Contractor By aro uc net, si ent Travelers Casualt an Surer o of Aerica By &-,n LSI, Eleanor Menges ( e Of OftlCer) Attorney-in-Fact (Corporate seal of Surety) Attest Kathleen Brown (Title of Officer) Attorney-in-Fact STATE OF NEW YORK ) ss: COUNTY OF Dutchess ) On the 54�-' day of before me, the undersigned, a Notary Public in and for aid State, personally appeared Har l d Buchner 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. "'(D'eeg--�� nIa.NA 0.VVI Notary Pu ewvn x NOTARY PUBLIC Corrin eeo ui cs Counay7 O a ✓ Gomin s>wn EPres jj.ay 17, 20— 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 PARTNERSHIP ACKNOWLEDGMENT State of } County of 1 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 7 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 5th day of .lune , 2014 , before me personally came Eleanor Menges to me known,who being by me duly sworn, did depose and say: that he/she resides in the City of Kingston 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 thereto by like order. A*A.Loa 1111"Y krAko kttb of Now York Nitory Pu bf 1b Q,='In Ikltar Ctto" Nb.O1IF60W Q ry CommlWon hero oviay 111 WAgNING'.THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity cad Guaranty Insurance Underwriters,lac Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company tinted States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attome, 1.Fart No. Circular.No. 005823955 224598 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casuahy Co.,.,, StPaul Fire and Marine Insurance Company, Sc Paul Guardian Insurance Compare StPaul M...as, Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surely Company of America,and United States Fain, u d G .fly Corpary are corporationsduly mr,panized under the laws of the Stare of Connecticut that Fidel t d Guaranty I Company is co pnrufma duly divan`- d under the laws of the State ofIo 'n and that Fidelity and Guaranty Insurance Underwriters Inc is a caTervacer duly organized under the laws of the Sure of Wisconsin @ercin collectively called fire'Companies'J,and that the Companies do hereby make,constitute and appoint Frank S.Maranto Jr., Kevin A. Vivra,Mary Ann Szczypca,Timothy Rychcik,Susan Prevost,Kathleen A. Brown,Carmella M.Grassi,and Eleanor Menges of the Cln'of FOughkeepele -State of New YOIk ,their we and lawful Atomey(e)-in-Pan, crch In dicir serour e capacity If more than one is named above,to sign,execute.seal and acknowledge any and all bonds recognizances conditional undenakiggs and otter nhitings obligatory in the nature thereof on behalf of the Companies in their busness of guaranteeing the fidelity of tycoons,guaranteeing the performance of rontrua. said exeafmg or guaranteeing bonds and undertakings required or pe.iftd in any amens or proceedings allowed by law_ IN WITNESS WHEREOF,the Companies have causal this instrument to be signed and tluk corporate seals to be hemm affixed,this 5th fv of March 2014 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty to econeve Company Travelers Casualty and Surety Compare 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 kO 4 "ran" �ppra,ti as{ F° is nion, is 'r� °`•n euwnom ,�awaaq� �ertwao 5E, 3saxLi F Y�•a State of Courectiau ti•✓ By: .. Cuv of Hartford zz_ 1i L_Raney..crani Vee President On Ihi.the 5th day of March 2014 before me personally appeared Robert L.Raney.who numowledgcd himself to be the Senior Vice President of Farmington Casualty Company. Fididw and Conicity Insurance Company,Fidelity and Guaranty hournnce Under ruso,Inc,St,Paul For and Munn Insurance Company.St Paul Guardian Insurance Company,Sr Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Troders CasUdU and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such.being authorized so to do,executed the toregoing Imtmomnt for the puryoscs therein contained by signing on behalfof the coryora me,by himselfas a duly and o oee`d�onffmcr. In\5'itneas Whueof,I hereunto set my hand and official seal. ' � a• t�'A Mr Commission expires the 30th day of June,2016. * p kp�i Mane C Temnali.Notary Public LTA 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 00100 FINANCIAL STATEMENT AS OF DECEMBER 31,2013 AS FILED IN THE STATE OF NEW YORK CAPITAL STOCK$6,480,000 ASSETS LNBILITIES&SURPLUS CASHANOINVESTED CASH $ 6],]99,624 UNEARNED PREMIUMS $ 608,717,671 BONDS 3p52,214,898 LOSSES 809,614,176 INVESTMENT INCOME DUE AND ACCRUED 4],]50502 LOSS ADJUSTMENT E%FENSES 460,670,453 OTHER INVESTED ASSETS 265,099,610 COMMISSIONS 31,701,136 PREMNMBAUNCES 190,836,462 TA%ES,LICENSESANOFEES 121402322 NET DEFERRED TAX ASSET 61,575,090 OTHER EXPENSES 36,437,693 REINSURANCE RECOVERABLE 11,381414 FUNDS HELDUNDE2 RMNSURANCETRISKNES 94,401,464 SECURNIES TENONS REINVESTED COLLATERAL ASSETS 4,910,]]2 CURRENT FEDERALAND FOREIGN INCOME TAXES 1&30],40] RECEIVABLES FROM PARENT,SUBSIDIARIES AND AFFILIATES 30.772.401 REMITTANCES AND RENTS NOT ALLOCATED 13,5]],503 STATESURCHARGES RECEIVABLE 258,]]1 AMOUNTSWRHHELDIRETAMED BY COMPANY FOR OTHERS 23,615,35] OTHERASSETS 14,872,822 RETROACTIVE REINSURANCE RESERVE ASSUMED 1,511,674 POLICYHOLDER DIVIDENDS 8,462,513 PROVISION FOR REINSURANCE 3,970,484 ADVANCEPREMIUM 1,070,609 PAYABLE FOR SECURNIES LENDING 4,910,]]2 DERIVATIVES 112003 CEDED REINSURANCE NET PREMIUMS PAYABLE (94,954,264) ESCHEAT LNBILRY 471,948 OTHER ACCRUED EXPENSES AND LIABILITIES 242.236 T07ALUABILDRES $ 2265]4036] CAPITAL STOCK $ 6,400,000 PNDINSURPLIIS 433,803,760 OTHER SURPLUS 1.441430327 TOTAL SURPLUS TO POLICYHOLDERS $ 1881720.080 TOTALASSETS $ 4,14].460,464 TOTAL LNBIURES&SURPLUS 4 414]9no454 STATE OF CONNECTICUT ) COUNTYOFHARTFORD )SS. CITYOFIURTFORO ) MICHAELJ.DOODY,BEING DULY SWORN,SAYS THAT HE IS SECOND VICE PRESIDENT,OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF,THE FOREGOING IS ATRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANYAS OF THE 31ST DAY OF DECEMBER,2013. SECOND NCESECOND NCE PflE�N� SUBSCRIBED AND SWORN TO BEFORE ME THIS NOTARYPUBIIC 19TH DAY OF MARCH,2014 SUSAN M.WEISSLEDER Afy CPm,J h.,x ,.Ib,E0.20:1 0 TA cditp U�l H'!SS''o I\ tY1:E Jr`; L 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. V t r i i it a 4 i r BID BOND r KNOW ALL MEN BY THESE PRESENTS: that as Principal; and r _• 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, y 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 't 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 ROBINSON LANE PARK — FENCING REPLACEMENT PROJECT for the Town of Wappinger, New York, as shown and specified. NOW THEREFORE, (a) If said Bid shall be rejected, or in the alternate (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of an Agreement attached hereto (properly completed in accordance with said Bid) and shall in all respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void. Otherwise, the same shall remain in force and effect, ft being expressly S understood and agreed that the liability of the Surety for any and all claims L 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 P within which the Principal may accept such bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF,the Principal and the Surety have hereunto set their hands and seals, and such of them as are Corporations have caused their Corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. (SEAL) I r PRINCIPAL L L Insert Bidder's Name "Insert Surety's Name By v Signed, sealed and delivered r in the presence of (Corporate seal of Contractor if a corporation) i L Contractor bw € By as L L By (Title of Officer) r (Corporate seal of Surety) Attest (Title of Officer) ( r L L i V o- b. r STATE OF NEW YORK ) ss: r COUNTY OF ) r On the day of before me, the undersigned, a Notary Public in and for said State, personally appeared 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 `r individual, or the person upon behalf of which the individual acted, executed the r instrument. tE' NOTARY PUBLIC L p� L f V k V V 4 V yr Fi Y ` CERTIFICATION OF NON-COLLUSION BY BIDDER No bid will be considered unless this Certification remains attached to and is submitted ` with the Bid SUN UP ENTERPPJSFq.IN 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 by law, the prices which have been quoted in this bid have not knowingly been disclosed by the bidder and will not knowingly be disclosed by Y. 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. L 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 Town Clerk of the Municipality to which the bid is made, or his/her designee, determines that such disclosure was not made for the purpose of restricting competition. r (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 or 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 noncollusion as the act and deed of the corporation.