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
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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
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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
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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
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(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
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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
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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
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(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
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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
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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
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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
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