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W.M. Schultz Construction Inc. SECTION 00310 — BID FORM D�,Df H D CONTRACT NO. 13-009GC W v SEP 17 2014 GENERAL CONSTRUCTION TOWN OF WAPPINGEP BID FORM TOWN CLER V THE TOWN RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS. EACH BID FORM SHALL BE ACCOMPANIED BY BID SECURITY (AS DESCRIBED IN THE INSTRUCTION TO 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 8 O'Clock AM September ,17th(Seventeenth) 2014 (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, Contract No. 13-009GC, UNITED • WAPPINGER WATER- DISTRICT ATLAS AND HILLTOP -FILTRATION General - Construction, as required by and in strict accordance with the plans, specifications and all other documents relating to Contract No. 13-009G, for the prices stipulated and as shown on this bid form. Name of Bidder: W.M.Schultz Construction,Inc. (Individual, Partnership,�orporatio or 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: DATE IGNATUR August 29,2014 MB, "� '�' ADDENDUM NO. 1 r4 September 11,201ADDENDUM NO. 2 na/ L ►; .: ADDENDUM NO. 3 ADDENDUM NO. 4 BID FORM 00310-1 E:\documents\T Wappinger\a W2008\W20802 United Wapp Water\W20802.12 Meadow_Rte9 Loops Filtration\Specs\Filtration\Specifications Div 0+1\00310 General.doe 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 accordance 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 BID FORM 00310-2 E:\documents\T Wappinger\a W2008\W20802 United Wapp Water\W20802.12 Meadow_Rte9 Loops Filtration\Specs\Filtration\Specifications Div 0+1\00310_General.doc deemed stricken from the bid documents without affecting the binding force of the remainder. (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) 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. (m) In the event of a lawsuit, the bidder agrees that said suit shall be filed in the same county as the location of the project. F BID FORM 00310-3 E:\documents\T Wappinger\a W2008\W20802 United Wapp Water\W20802.12 Meadow Rte9 Loops Filtration\Specs\Filtration\Specifications Div 0+1\00310_General.doc BID FOR CONTRACT WORK: BASE BID (GENERAL CONSTRUCTION) ot„ se ,a�n-k-ti tie $ f,('15 8''-16 (in writing) (and figures) \nun�r2 nY��. ra� � ttcSJ Dated: September 17 20 14 SIGN BID HERE 411,4.0 -11/- 4 ` President Authorized Signature Title William M.Schultz Print Name W.M.Schultz Construction,Inc. Legal Company Name Address 831 State Route 67,Unit 28A,P.O.Box 28A City, State, Zip Ballston Spa,New York 12020 Telephone No. 518-885-0060 Federal I.D. # 14-1827521 BID FORM 00310-4 E:\documents\TWappinger\a W2008\W2D802 United Wapp Water\W20802.12 Meadow_Rte9 Loops Filtration\Specs\Filtration\Spec cations Div 0+1\00310_General.doc (If 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,New York 12019 Name and Address of Secretary: Suzanne Schultz 63 Sweet Road,Ballston Lake,New York 12019 Name and Address of Treasurer: William M.Schultz 63 Sweet Road,Ballston Lake,New York 12019 (If bidder is a Limited Liability Company, fill in the following blanks.) Organized under the laws of the State of: Not Applicable Name of Manager or Managing Member: Not Applicable Agent for Service of Process: Not Applicable Address for Service of Process: Not Applicable BID FORM 00310-5 E:\documents\T Wappinger\a W2008\W20802 United Wapp Water\W20802.12 Meadow_Rte9 Loops Filtration\Specs\Filtration\Specifications Div 0+1\00310_General.doc STATE OF NE YORK ) ss: COUNTY OF 4 "' On the 17th(Seventeenth) day of September , 20 14 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. 1 ,1 SUL:ANNE SCHULTZ Notary Public,State of New York \ No.01SC6130618 ' Qualified in Saratoga County . ` My Commission Expires July 18,20L NOTARY PUBLI BID FORM 00310-6 E:\documents\T Wappinger\a W2008\W20802 United Wapp Water\W20802.12 Meadow Rte9 Loops Filtration\Specs\Filtration\Specifications Div 0+1\00310_General.doc BASE BID SHEET GENERAL CONSTRUCTION CONSTRUCTION BID AND CONTRACT Contract No. 13-009GC, UNITED WAPPINGER WATER DISTRICT ATLAS AND HILLTOP FILTRATION ITEM NO./DESCRIPTION EST. PAYMENT UNIT PRICE BID TOTAL QTY. UNIT PRICE BID WRITTEN AMOUNT IN FIGURES 1. Furnish and install all materials, supplies, equjpment and other 1 L.S. 11 v..-k, facilities as required for construction ,cue v"*. of UNITED WAPPINGER WATER vc -Fowl � ' ` � 1 � '+ � I �J�O� DISTRICT ATLAS AND HILLTOP d Awa �` d��l��S FILTRATION-General Construction, including all incidentals, as shown and as specified in the Contract Documents. 2. Rock Excavation 30 C.Y. r.e. tk- T-"«4'1 (rst~+ o6116.0 I2�, oo 3,ci`/o, eo 3. Authorized Additional Excavation 30 C.Y. 11.440 Li Q o l lca 5 2O, 6C1 I 6 co, a0 4. Lift Station Abandonment 1 EA Zcra O• e 4 6 ALLOWANCE#1 $5,000.00 Testing Services ---- ---------- ----- ALLOWANCE#2 $50,000.00 Contingency Allowance -- - ------ -- — --------- TOTAL BASE BID t - END OF SECTION- • SECTION 00410-BID BOND BID BOND FORM • KNOW ALL MEN BY THESE PRESENTS: that * 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 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 $ (5%) 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 17`h day of September 2014 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 United Wappinger Water District Atlas and Hilltop Filtration for 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 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 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. BID BOND 00410-1 E:ldocumentslT Wappingerla W20081W20802 United Wapp Water1W20802.12 Meadow Rte9 Loops Filtration)$pecsWikratlon\Specfflcations Div 0+100410.doc (SEAL) W.M.Schultz 1Construction,In . oo *Insert Bidder's Name 'V- **Insert Surety's Name By William M.Schultz,President Signed, sealed and delivere in the presence of nl�✓� J.Colum (Corporate seal of Contractor if a corporation) W.M.Schultz Construction,Inc. P.O.Box 2620,Ballston Spa,New York 12020 Contractor By (‘ utitc\injYt - —44 William M.Schultz,President Liberty Mutual Insurance Company WI( By Timothy M.Tyrrell,Attore n-Fact(Title of Officer) (Corporateseal of Surety) �Jtau J. mbus (Title of Officer) BID BOND 00410-2 E:ldocuments\T Wappinyerla W20081W20802 United Wapp Water1W20802.12 Meadow Rte9 Loops FiltrationlSpecsWitration1SpeclfICations Div 0+1100410.doc STATE of New York ) COUNTY of Albany ) ss: On this 17th day of September , 2014 before me personally came William M.Schultz 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. c— Notary lic,-1 ( County of Rensselaer No. 01C06158181 Term Expires 12/18/2014 - END OF SECTION- BID BOND 00410-3 E:documents1T Wappingerla W20081W20802 United Wapp Water1W20802.12 Meadow Rte9 Loops Filtration'Specs\FNtrationlSpecificatlons Div 0+1W0410.doc Liberty Mutual Insurance Company Boston,MA 02117 ATTORNEY-IN-FACT JUSTIFICATION PRINCIPAL'S ACKNOWLEDGMENT-IF A CORPORATION State of New York, County of Albany}ss. On this 17th day of September, 2014, before me personally appeared William M. Schultz, to me known, who, being by me duly sworn, deposes and says:That he/she 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 his/her name thereto by like order. Cd61-4—e. selaer/County .Exp. 12/18/2014 SURETY COMPANY'S ACKNOWLEDGMENT State of New York, County of Albany}"' On this 17th day of September,2014, before me personally appeared Timothy M.Tyrrell;to me known,who, being by me duly sworn, did depose and say: That he/she resides in Albany, New York; that he/she 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 he/she 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 his/her 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. Rens aer County Cgfn .Exp. 12/18/2014 Vo �, Liberty LIBERTY MUTUAL INSURANCE COMPANY rr 1x Mutual. FINANCIAL STATEMENT—DECEMBER 31,2013 SURETY Assets Liabilities Cash and Bank Deposits $1,118,180,550 Unearned Premiums $5,940,431,054 *Bonds—U.S Government 1,888,225,943 Reserve for Claims and Claims Expense 17,305,063,560 *Other Bonds 12,039,490,815 Funds Held Under Reinsurance Treaties 212,659,311 Reserve for Dividends to Policyholders 1,226,236 *Stocks 9,030,962,112 Additional Statutory Reserve 63,348,980 Real Estate 251,301,907 Reserve for Commissions,Taxes and Agents'Balances or Uncollected Premiums 4,781,042,931 Other Liabilities 5.826,683.629 Accrued Interest and Rents 149,855,386 Total $29,349,412,770 Special Surplus Funds $55,686,852 Other Admitted Assets 15,216.749.451 Capital Stock 11,250,000 Paid in Surplus 7,898,288,167 Unassigned Surplus 7,161,171,306 Total Admitted Assets $44,475.809,095 Surplus to Policyholders 15,126,396,325 Total Liabilities and Surplus $44,475.809,095 INSU �J*pRPO2q�'1'C. z • * Bonds are stated at amortized or investment value;Stocks at Association Market Values. 1912 a The foregoing financial information is taken from Liberty Mutual Insurance Company's financial "' �9,rSActos6% 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 31,2013,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 20th day of March,2014. 11 Assistant Secretary S-1262LMIC/a 4/13 • 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.6504231 ' 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 West American 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.Gray;Timothy M.Tyrrell all of the city of Albany ,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 authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28th day of March , 2014 , $1 RS ..'1- 'N American Fire and Casualty Company `,d'� bpm Y � t h t"A4 f' , '''''N--,, The Ohio Casualty Insurance Company co t ,. Liberty Mutual Insurance Company w p r i i '912 191 C Z • West merican Insurance Company M x Y al ./ /� AI 7 C STATE OF PENNSYLVANIA ss David M.Care ;Assistant Secretary C CO 1" COUNTY OF MONTGOMERY c 0 pt On this 28th day of March , 2014 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v 1-- ww Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, >,W O To execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. a4 > IN WITNESS WHEREOF,I have hereunto subscribeetmyn and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O Q. � = w PO e i �f ,) By. �® � O O 6. F Teresa Pastella,Notary Public y = c E This Power of Attorney is made and execute'', z p&'. ,.,-r -.rity of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance e c y Company,Liberty Mutual Insurance Company,.' :'-est 1--n Insurance Company which resolutions are now in full force and effect reading as follows: =o co ` 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,and subject G c c.1... to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, , y 0 c 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 respective 'a A E ai 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 To a> p two 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 >42 Tthe 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. _ .Iti �c ARTICLE XIII-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, E ao .>. ` and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, i-M O O 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°Q 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 v o executed such instruments shall be as binding as if signed by the president and attested by the secretary. O cti► Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- I--fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all 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 affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West 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 of Attorney executed by said Companies,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 1�m day of September 20 14/ 4 i 4 x ".rf ,:g 1 ,I G12 't> 1991 1 . By: t2 T( , Gregory W.Davenport,Assistant Secretary y��,.. w'.,- .4 c,1/2.,,,,,..:,,,...1.:,>‹,z.,•:i? \ rte`,If `'..',,,\,,‘,, Iz.. LMS_12873_122013 165 of 300 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 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: W.M. Schul z Construction, I , 6uA,4 A �, I ,'r - . William M. Schultz, President PO Box 2620 Ballston Spa, New York 12020 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: 1. The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3. No attempt has been made or will be made by the bidder to induce any other person, 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 CERTIFICATION OF NON-COLLUSION 00480-1 E:\documents\T Wappinger\a W2008\W20802 United Wapp Water\W20802.12 Meadow Rte9 Loops Filtration\Specs\Filtration\Specifications Div 0+1\00480.doc 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 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 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 inclusion therein of the certificate as to non-collusion as the act and deed of the corporation. W.M. Schultz Construction, Inc. ti 'Llav'1 7)1 . 1 )at.° ► William M. Schultz, President - END OF SECTION - CERTIFICATION OF NON-COLLUSION 00480-2 E:\documents\T Wappinger\a W2008\W20802 United Wapp Water\W20802.12 Meadow Rte9 Loops Filtration\Specs\Filtration\Specifications Div 0+1\00480.doc