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Rockingham Farms Contract. No. 1 a L w 0 z w co sn c� F-- lit4 0 w 73- LU Cf3f = . 0 P LU o� 0 W cc c ro r '+ �y q ..P Of] w z ai 17 U CU .N� w Lij EL Lli ,7�ry ' c2 w V LL QUJ 0.=. `. Q w LL ~ 'C" „ rI w * uU)i n� D, ,,J �z . W Lu LL 3 _ y �b ,,�1�W^^S _ .... 6 aco LL u :ycl z0 7 w tiyC' Q z f J w . , ci IL G a uw ROCKINGHAM CURB REPLACEMENT MANDATORY PRE-BID MEETING JULY 139 2009 NAME COMPANY TELEPHONE # FAX # Brian Harrand B&K Excavators 635-9934 635-2316 Mark Sicheri Ben Ciccone 462-2800 462-0358 Sean Force Force 562-0562 565-7620 Craig Burke BTM 471-8700 471-8138 Steven Lilly Marquise 914-747-6426 914-747-6427 John Komsa Metzger Const Corp 221-9412 226-3033 Mark White Wiltse &Clove 452-0344 452-9670 Brian Nealy T. Gleason Inc. 454-3730 454-4556 Robert Sherwood, Jr. Corewood Ventures 473-6946. 473-1837 Dave Serino Sun-Up Enterprises, 462-1800 463-8375 Inc Roger Humeston RGH Construction 656-5013 297-8599 Gary Joseph Joseph's Const. 416-1898 831-8026 JUL-23-2009(THUY 10:51 CONSTRUCTION DRTR CORP SURRCl1SE (FAQ )SSB 232 9941 P- 0011001 RECEIVED JUL 2 31009 .AR dicne .w' s TOWN CLERK Cansti-uction Data Company Nicholas Clarke Public Reporter 251 Salina Meadows Var1cway Syrocuse, NY 13212 Suite 180 Phone 888-2M-5940 F.u#.2013 FAX 888-232-9941 ncituke@cdcnews.com Town of Wappinger Dale: f� Fax: [845) 98-1478 d URGew 0 FOR REVLEW 0 PLEASE COMMe[T x PLEASE REPLY FOIL REQUEST Plan.Holders List Good Morning, Per the NYS Freedom of Information Law,could you please Fax or Email over a copy of the Current list of Coontractors who have obtained bidding documents for the following project Rocidnghom Farms Cure Replacement Due Ady 27,2009 Thank You Very Muchilt Nicholas Clarice. Public Reporter r. Coo 1,01 L/ c " J �" i� o Cir' �p - �? Vj ol V �/ '619 - I I 4 S V r 1 f I W i f CHANGE OWNER ® I ARCHITECT ORDER CONTRACTOR AIA DOCUMENT G701 FIELD F] OTHER ❑ PROJECT: Town of Wappinge CHANGE ORDER NUMBER: 1 (name, address) Rockingham Faints CUrb Rema rt DATE: 9-17-09 TO CONTRACTOR: R=8S Gleason, Inc. ARCHITECT'S PROJECT NO: yM, 3 (name, address) 42 McKinley Lane CONTRACT DATE: pougikeepsie, NY 12601 CONTRACT FOR: The Contract is changed as follows: Oetige to specifications for concrete curb at three Intersxtions with County roads, Cirbs stfall be constructed to met DutcheSS Coiuity Depai-MMt of Public Works ctanliardr" Change for 218 Ldn r _ feet of-curb. Sep- attached dommnt fiaan Imps Gleason, Inc. Not valid until signed by the Owner, Architect and Cbntractar. The original(Contract Sum) )was . ... .. .. . . .. . . . . . . . . . . . .$ 123,500-00 Net change by previously authorized Change Orders . .. .. ... ... . . . . . .. . . . . . . . . . . .. .$ 0 The(Contract Sum)( prior to this Change Order-was. . , S 123,� 00 The(Contract Sum)( )will be(increased)(decreased) (unchanged)by this Change Order in the amount of...... .. . :. .:: . .. . . . . . . . . . .. :S 3,270M The new(Contract.Sum)(Guaranteed Maximum Price)including this Change Order will be . .$ 126,710,00 The Contract Time will be(UX1W=)(=MM)(unchanged)Uy ( - }tfa}s The date of Substantial completion as of the dare of this Change Order therefore is NOTE: This s„Im1a ry dues-not Moder changes In iht.Contraet Sum,Contract Time.or Guarauieed Maximurn Price which Ii ler Been ntithiir,%eil't�` Construction Change Directive. lhonos Gleason, 1Zac.... Mbrri.s Associates Town of Wapping?? CONTRACTOR O\k ---- 9 IIks La¢�e - !+2 Mc�'inley Lane - 20-WLdcllebush Rd. Address Address Ade r .�;-s Pouooeeapsie, NY.12601 . Pou*keepsi.e, NY 12601 wappitagers .L'alls., IVY12590 B 13Y BY _. DATE DATE DATE nA ri: A)A DOCUMENT G701 CHANGE ORDER • 1997 EDITION AIAm • (D196F • Tlil: AMERICAN INSTITUTE OF ARC)HTECTN. 1735 NEW YORK AVE N.V'-, VASHINGT'ON, Q.C. 20006 G701-1987 ' Sent By: MORRIS ASSOCIATES; 8454731962; Jul-15-09 2:51PM; Page 318 TOWN OFWAPPINGER ROCKINGHAM FARMS SECTION: I$ 11 CONCRETE CURB REPLACEMENT PROaECT �M; VE CONTRACT NO. 01 JUL I :fORM TOWN CLERK TF E TOWN RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS. EACH BID FORM S ALL BE ACCOMPANIED BY BID SECURITY(AS DESCRIBED IN THE INSTRUCTION TC BIDDERS). TO THE TOWN BOARD, TOWN OF WAPPINGER, NEW YORK. PLrsuant to and in compliance with your invitation to bid contained in the Notice to C ntractors dated , (month) (day), (year) the undersigned hereby proposes to fuMish all. labor, machinery, equipment, -facilities, tools, transportation, supplies, m.atehais;, insurartoes, permits,.. certificates., tests, gu arantees, p.rotection.of equipment and property and life dlaring construction; as well as co petent and qualified:supervision for all'phases of the- work,, and other facilities and thi igs necessary or .proper for or incidental to, the Rockingham'Farms Section I & II C crete Curb. Replacement Project, Town.of Wappinger, as required by and in strict c1c=dance with the plants, specifications.and alt-other documents relating to Contract No. 01 for the prices stipulated and as shown on this bid form. Name of Bidder: zfif0 G Sam /ac. (Individual, Partnershi Corporatio. or LLC)w Circle applicab a word Th undersigned declares that the bidding and contract documents have been carefully ex mined and that ail things necessary for the completion of the work shall be provided. R ipt of the following addenda is hereby acknowledged: DATE SIGNATURE A ENDUM NO, i r711 3/69 n AC DENDUM. NO. 2 AC DENDUM NO.. 3. Dr1' A ENDUM NO. 4 Sent By: MORRIS ASSOCIATES; 8454731962; Jul-15-09 2:51PM; Page 4/8 In nnsideratloh of; and to induce the award of this contract to himther, the bidder represents and:4artants'that: (a) If this bid is;accepted by the Td wn Board; Town of Wa:ppinger, as evidenced by issuance of a Notice of Award by the Owner,-and-maned by registered , mail With-return receipt reou6sted to the address.of the bidder as indicated on hislher bid, the bidder willexecute 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 an Without collusion or fraud. (c) He./She has carefully examined and fully understands all of the parts of the contract documents, andthat -helshe 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, shah 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 contractor in the supplies, materials or.egoipment, or to work or labor to which it relates, or in any portion of Lthe profits thereof. (e) He/She is not in arrears to-the Town Board upon debtor contract and is nota defaultevas 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 undersigrtod 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 inducemertt to the matting thereof, the same shall be deemed-of no effect and.will upon notice by either the Owner or the bidder be-deemed stricken from the bid documents-without affecting the binding force of the remainder: (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 riot correctly inserted, then upon. theapplication of either party, the bid documents shall forthwith be physically amended to make such insertion. - 17 - Sent By: MORRIS ASSOCIATES; 8454731962; Jul-15-09 2:51PM; Page 518 (i) That h lshe-is financially solvent and sufficiently experienced and competent to perforrh the work. (j) The work.can be performed as called for by the pri3possl.and that the.plans and specifications are in all respects suitable and,adequate for the work. (k) That the fadts stated in his/her bid and the information given by h.imlher are true and correct in all respects. (1) That he/she is fully in€ormed regarding all the conditions affecting the work'to be dons and labor and materials to be furnished. for the completion of this contract;.and that his/her information was secured byppersonal investigation and research. (m) In the:everit 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. BI D FOR CONTRACT WORK: SE BIC: T Bidder prp:poaes to perform the work required in accordance with the cohtract d uments for.the lump surto of; 00 (Words) $ (figures) UNIT PRICE 010: Tt e Bidder propose=s A6 pefform the work required in accordance with the contract . documents for the unfit pdoe bid per lineal foot of: tyi' (Words) $ � (Figures) Note: The Unit.Price,Bid.will be used to adjust the Base Bid price up or down as a result to the actual lineal footage of concrete curb replaced. - 18 - Sent By: MORRIS ASSOCIATES; 8454731962; Jul-15-09 2:51PM; Page 6/8 Uh 11T PRICE BID: Th a Bidder proposes to install asphalt pawing(Base and Top.course)within the areas of thE water service trenches in accordance with the contract docu' en-ts for the unit price bic per square foot of; o (Words) (Figures) Ali o made a part of.this bid is the attarched'document tion per Division 100; Article C,3. Sign Bid..Here AUTHORIZED NATURE Print Nameurp. CeQ�n-,i`1nJ1 ' Title Official Company;Name 2�L4 (Individual, Partnership orporatlo . LLC)' " Circle applicable Company Mail.ingMdress 04--Pu� _ STREET CITY STATE ZIP CODE Federaf�Employer Identification No. � l �9 7 Telephone No.. 930 Fax No.' •Sy— �� _ fig _ Sent 8y: MORRIS ASSOCIATES; 8454731962; Jul-15-09 2:52PM; Page 718 (If 5idder is a Corporation:,, fill in the fol.lowing.blanks.) Or ianized under the iainrs of the State of: Na me and Address of President: S G c E�So�v Nae and Address of Secretary: ZAy4 f] G'u -5o,jyu L c. Kt-)2 � Name and Address of Treasurer- ln'e G c o'9.5a"j- /4)L)L4- (If -(If idder is a Limited Liability Company, fill in the foil-owing blanks.) Or 3anized under the taws of the State of: N me of Manager or-Managing Member: AE ent for Service of Process- Ac dress for Se�vioe of Process: - 20 - Sent By: MORRIS ASSOCIATES; 8454731962; Jul-15-09 2:52FM; Page BIB S1 ATE OF NEW YORK'. ) ss: COUNTY OFA, } On the day of _ y, before -me,' the un Jersigned., a'Notary Public in and for.said State, personally appeared Lo-Ajv p sonally known to me or proved to me oh the basis of satisfactory evidence to be the in ividual 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 inc ividual, or the person upon behalf of which the individual acted., executed the ini trument. 7 Oct INDEM PUBLIC STATE OF NEW Yon iM CER`I7FICATE FILED DrtT M ESS COUNTY COMMON to NGTARY PUBLIC -- _ 21 _ MORRIS ASSOCIATES ENGINEERING CONSULTANTS., PLLC 9 Elks Lane, Poughkeepsie, New York 12601 Tel: (845)454-3411 Fax: (845)473-1962 ❑ 389 Fairview Avenue,Hudson,New York 12534 Tel:(518)828-2300 Fax: (516)828-3963 E-Mail:mordsassociates@aol.com September 18, 2009 Town of Wappinger Town Board Town Hail 20 Middlebush Road Wappingers Falls, NY 12590 Attn: Hon. Christopher Colsey, Supervisor RE: Rockingham Farms—Section I & Il �� ® Curb Replacement Project Change Order#1 Dear Mr. Colsey and Town Board Members: N ( ' Enclosed please find a copy of the AIA Document G701 entitled Change Order. The purposeof this change order is as a result of discussions with the Dutchess County Department of Public Works relative to the replacement of curbs at three intersections; Regency Drive and All Angels'Hill Rd, Carfoll` Drive and All Angels Hill Road and Scott Drive and Old Hopewell Road. The difference ire construction of the Town curb and County curb is the inclusion of steel reinforcing rod and a slight increase in the width of the curb (9" at the bottom, 8" at the top,Town is 8" bottom and 6" top). It should be noted that these curbs are not within the County Right-of-way as measured by Mr. Graham Foster and myself. The County is requiring that their concrete curb specification be installed at these intersections for a distance of 40 feet back from the white line. We requested a cost from the contractor, Thomas Gleason, Inc., for this change and they submitted an additional cost per lineal foot of$15.00. The amount of curb involved is 218 lineal feet for a total adjustment to the contract price of$3,270.00. Please place this on the agenda for the September 28, 2009 Town Board Meeting for approval of Change Order#1. Please call me at (914) 475-5749 (cell) or (845) 454-3411 Ext. 30 (office) to discuss this matter- prior to the meeting. Very truly yours, ' M iS ASSOCIAT n eei g Cons. a LLC Robert J. G P Engineer to t own of W pin r RJGfinet Enc. Cc Albert Roberts, Town Attorney John Masterson,Town Clerk MORRIS ASSOCIATES ENGINEERING CONSULTANTS, PLLC Jib 9 Elks Lane, Poughkeepsie, New York 12601 Tel- (845)454-3411 Fax: (845)473-1962 389 Fairview Avenue, Hudson, New York 12534 Tel_ (518)828-2300 Fax_ (518) 828-3963 E-Mail: morrisassociates@aol.corn September 18, 2009 Town of Wappinger Town Board HECEIVED Town Hall 20 Middlebush Road SEP 2`12109 Wappingers Falls, NY 12590 TO WN Attn: Hon. Christopher Colsey, Supervisor RE: Rockingham Farms — Section I & II Curb Replacement Project Application and Certificate for Payment#1 Dear Mr. Colsey and Town Board Members: Enclosed please find the Application and Certificate for Payment #1 in the amount of$23,465.00 which reflects 5% retainage in the amount of$1,235.00 for a total completed and stored to date of $24,7p0.00 as submitted by Thomas Gleason, Inc. Also, attached are the Town of Wappinger Purchase Order & Voucher form and copies of Certified Payrolls. Please place this on the agenda for the September 28, 2009 Town Board Meeting for approval of a resolution to disburse the amount certified. Please call me at (914) 475-5749 (cell) or (845) 454-3411 Ext. 30 (office) to discuss this matter prior to the meeting. Very truly yours, IIS ASSOCIATE eering Consulta s P LC /Robert J. Gray, Engineer to the:of of Wapp r RJGlmet Enc. Cc ,Albert Roberts, Town Attorney i! John Masterson, Town Clerk mm mQ@ ' a °° " a PC m � m r � ? � ci C7 n:03 so n z T, a it14 s- z OD Z z O � n w = 0 o m s p m _ O `�" a Iz1 N m m $ m - - 3 r, a m Q n C a. a a CD o— Q c $a s�, m W o a m a Q o x m 4 a m m 3 o a � "i CD cD m s 3 _ tT7 6 , Q O o a m o co 0 Cr7 a o g m m m C} m aa. Z m y o a m - o rn ro fn CA [� r y � � � rt a ' g S n y y zQ � Z Z � a E: m Cr Cci {q� Sao o z X Q `.G 0 � a 3 01 n En 0) ria 03.rfr fn rfr f» �n > o = gym ID w fn m -i TI smo � �+ o o � o0 QC E firm rn a- 0 O c O o In oma a � Wo Q o ani z o � aa 6969 6.) fa �lw-n m c 3 p z� Z —= 9 sp 0) n to oo V Im Cn A W N s c� a, _a m D n z In m n m $ 0 z O � Ci D n y 3 u - n o `c ° � � D C OgO O :° ] mO a3 m S = c o r� m A W D > 3 > L)z r, L) O o a Z L i MA n 6 m Z A o o O � ° I 1 c > > T 3 �_ F m o m� C Ci Z cr m 7 a d Q M Lp a $ m �I7 SL m Zm7 m � o D O <a DyC] -0 m 2 Mo [n D O Q LA m m 0 1 m n v - p m m 3 m 0O O a z m z m a = � z m D D O o a g z m -n O a o © O O O m ca cCD W Sm w z D m p0 3 p N N R ❑ 0 ❑ ❑ ❑ 00 � mCD og 0 > 0 SE cr % U Z A Z m = n z) ti► n to 611, fA to 69 to 69 fo n nv P O o m O Cl P3 0 r' �15a 1p ;0a d� o� Q o = w m a # w § O y w ] 3 7 K a mt d ! ! ] 2 n ■ m § \ k ■ CO 0 k \ 0 w a m CoCl 0 o F- , g (a ƒ ƒ ;0o o E m s 3 m \ K a / 2 — 3 s m .69 fa 1 n 2 ri k 2 J w 4 m % % q E R R o 40 "V ■ 7 § -4 > n 7 T T I a E E z S m g g w Q n ® � ° ■ ro d - P o § k k2§ z k / �§ § & 4 � n CD k R 0 e 2 @ � k @ c � -69 @ �@ ■ ® q S � 07/62/2007 13:42 8452377214 C014PTRuLLE PAGE 01/01 USE TOWN OF APft[?(GjE;q, II GrJr Na, Un IS P.O. Boz 324, Mldd(8bu8h Road Wapp{ngers F'ai(s, N.Y. 12590 DO MOT WRl rE IN r✓i18 Box Dn1e Vt+uchr!Riteived PURCHASE ORDER & VOUCHER FUND•APPROPR[ATiON AUOUNT THOMAS GLEASON,INC I CLAIMANrsZ':'i tLEY[ANE ADDRESS i POUGHKEEPSiE,NEW YORK 12661 DDR �... TOTAL, f ASSTRACT NO. i TERMS �� VENDOR'S E DATES QUANTITY DESCRIPTION DF MATERIALS OR SERVICES UNIT PRICE �� AMOUNT Qi ltc (�OC_ICts--Sf�K 1 - f - f Torte n3 Is trIw end eatrnct lhet ft llama, r..— cera,/lhat the Rb ve eccoun[in ere amtunf n!S 03 q�S -06 X86,en6 63a>Surg�ment5 eherp«1"m tan>ier�a 1b or for the munlclpalW On M Cotes etetetl:ttut no part hes beets pold or AaflBfte�;[Tel fors, mt.ni;JWlh1 IR eXARLltefj,ere"irdusad:and r,el tht ornsunt awh"d Ia aofue ly dus (rxr VAI--hs(hfs Q-16-01- _ CkTE SC;AT1j'rcl= T17LE (SPACE$ELC'V FOR MUNIGIpAL USE{ Ttte 2bOve sorvices or materials ware renderaO or Thlx Mr-Im is approved pa1C rrorn tho oppr�ophotion�indlostsd 660" APPROVAL FOR FAYMEFCr furnished to the municipality on the'dates stated and the charges aro correct I DATE AL)THORIZED OFFICIAL xc p x � x y x p x Q x C_ r 0 X co x v x x x m x Qi @ o i C O C C i � 0 zz o X x x x X a X Q c� r T Z - _T x p m o S O r CO co ny O ,b n � 00 c CTI(4 v a m n D a a A y. OQ'> C N v' Oj co co E- ((0 co A A T _ T 0 { � o C n a m o z m � K � O C] — d 0 w 6 T n O C' C O C c Cl) w m n z (D j m o o n Z � o 61 V J J W N n n Z C. � C) 1 n m a A A CT (l� U (T1 W Y1 N N = Q V� Ch W N (n v o J A W m v N o @ K � cp @ m 3 .69 _ 1 N a n cil N)co A N U' 0 � � ' n Nm m co W _ m Nw OWo cNn cn W O EA mCb of co Ln A U n n co NJ C, mO N P' � n m c d 32 e» r� 9 L9 _ m m L.) a J, rn o rn co W w W AW. OD o A W Ch _. m - co � - 0 n N N f`.1. m 'd N Cl c @ CL c w w U CD p @ 0� 0. 00 03 OW N Uf O Q Q O Cn SD Oo (D N J W J N r0 fA S9 4A 49 69 O O O O O O y n N N L 0 o O A N N W N A 000 z - W N W W O? SU O CG Q to w N O T m v N A A }� m o C: X 3 12 CD a r b3" -n ai O rn o 3k CD m Z m w z a r r 3. o @ � a 0 CD w ; v ao s z � Q N Q b � m w A to VI 3. m v D �a g 3� in ro rn vj CD Q N m 3 a n a � f a W S Uf 5 o O � s- S, w g 7c m n Q /7 MORRIS` ASSO"'CIATES ENGINEERING CONSULTANTS, PLLC 10 9 Elks Lane,Poughkeepsie,New York 12601 Tel:(845)454-3411 Fax:(845,1473-1962 E]187 Church Street,Poughkeepsie, Now York 12601 Tel:(845)471-7900 Fax:(845)471-7901 E]389 Fairview Avenue,Hudson,New York 12534 Tel:(518)828-2300 Fax:(518)828-3963 E-Mail:morrisassociates@aol,com ROCKINGHAM FARMS - SECTION I & 11 CONCRETE CURB REPLACEMENT PROJECT TOWN OF WAPPINGER Notice to Proceed ECEIVEb To: Thomas Gleason, Inc. H 42 McKinley Lane AUG 2 5 2oo.9 Poughkeepsie, New York 12601 'ON Notice to proceed for the above referenced contract is hereby given. The date of the notice is: August 26, 2009, . Contract time is 45 days from the notice to proceed. The required date of completion is, therefore: October 11, 2009 Signed by: ' Robert J. Gray En ' r to the Town ,n UDATE— K�-Z_I fl cc. Christopher Colsey, Supervisor John C. Masterson, Town Clerk Albert Roberts, Esq., Town Attorney EkdocumentsNT Wappingerla W20091w20903 Rockingham Sect I&ll\Notice to Proceed 8-21-09.doc AUG-24-2909 MOM 12:12 PH VERGILI ,STENGER,R(18EFT FAX ISO. 8452982842 P. 01/01 VERGILIS, STENGER,ROBERTS,, DAVID &DIAmoNI3, LLP AMR YS AND COUNSFLORS AT LAW 1136:ROUTE 9 Of COUNSEL; GERALD A_VEROILIS* KAREN Mac�IISH KENNETH M.STENGEI� WAPpI1�dG1 I �AIJI�S.�W YORK 1259t! LFCAL ASSISTAN-M ALBERT P.ROEGRTS AMY E_DFICARLO THOMAS R.DAVIS (845)298-21140 MARIA I._30?14ES STEPHEN E.DIAMOND"" FAX(945)299-2U2 'pANDRA A.OAKI I✓"Y 10,ALN F.GAILRETT«" W%-W.ySfPx0M CI.(281IdG {JRI]Il+aATOK: y,FVN 1'1 McDERMOTT c-Frt8!#:infix*VSrp.00rn SUSAN E i ltdF ANGuL I.FALC6N ANTHOTI",M.Dt-FAZiO**# POUG1-IKEFISIE OFFICE Mf S P.HCtILP.I+i**• 276 MAIN MALI, 1 AMPOLIGHKEEPSIE.NY 12641 M.COBE M.)wI.LEN O'SULI,�TYAN (845}452-aQ46 oADMIT-fM T O MAC-1 leE NE WOURGH OFFICE IN NY&FLA. 299 N.FL ANY,ROAD.S13I E 106 "ADMIT ED TO MAMICE NEW$UROH,NY 17.550 IN NY a CQNH. (945)567-378; •"*AMWT FD TO FP—*'CTICF- 1NXY&N3 *..+ADA M[-;J)TO PRACTICE IN NY.FG&MA August 24,2909 "Via Facsimile 454-4556 Thomas Gleason,Inc. 42 McKinley Lane _ poftepsie,New York 12601 kmaEIN/E . ,attention:Patrick Gleason AUG 2 4 2W9 Re: Tour ofWappinger R.ockin&am Fums—Section I&li 7-Oa M C FTF ` Curb Replacement Project vsRDD File No, 12951.0484 Dew 1&.Gleam: In conne=ou with the above M&Ltwwould you"Iy have your i1:=ancc carrier provide a copy of the original endOrsmmt nOmng the Town of Wappiaager as additional insured? Very truly yours, VER(IILIS,STF-NGgR,RORFATS,DAVIS &D A O-ND.LLP .ALBERT P.R013ERTS APRfso cc: Town Board Town Clerk Marshall& Sterling Q,IWaPPang&kTown 3aard%Rodcu1gha M0n404 Icger to Gaeaso�-dac J)ICTATPD BUT ITT PROF READ BY APR. JUL/22/2009/WED 07: 20 AM FAX No. P, 003 EGENEU BID BOND sUL 2 KNOW ALL MEN BY THESE PRESENTS: that 1�Ap!m CLEP�� : H.B. WILTSE EXCAVATING, INC. as Principal; and ** INTENRATIONAL FIDELITY INSURANCE as Surety, are hereby held and firmly bound unto the Town Board, Town of Wappinger, New York in the amount of; ---5% of THE ATTACHED BT ------ 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 27TH day of JULY 20 og 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 Rockingham Farms Section I & ll Concrete Curb Replacement Project for the Town of Wappinger, New York, as shown and specified in Contract No. 01 . 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. - 23 - JUL/22/2009/VDD 07: 20 AM FAX leo, P, 004 (SEAL) PRINCIPAL Insert Bidder's Name H.B. WILTEXCAVIWING, INC. "Insert Surety's Name By x�. Signed, sealed and delivered in the presence of (Corporate seal of Contractor if a corporation) R.E. WTLTSE EXCAVATING, INC. Cgntractor By INTERN IC AL FIDELITY INSURANCE COMPANY By/LL -, (Title of Officer) ROSEMARIE A. MISENAR ATTORNEY-IN-FACT (Corporate seal of Surety) Attest (Title of Officer) - 24 - JUL/22/2009/WED 07: 20 AIS FAX No, P. 005 STATE OF NEW YORK } ss: COUNTY OF QOTC-4NF s ) On the day of rLu before me, the undersigned, a Notary Public in and for said State, personally appeared Vu personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC LAURA J..M€LLUS Notary Public, State of New York No. 4862327 +Quepnect in Dutchess County IRo M"W free Dec. 11,Y� f INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER,20TH FLOOR,NEWARK,NEW JERSEY 07102-5207 STATEMENT OF ASSETS,LIABILITIES,SURPLUS AND OTHER FUNDS AT DECEMBER 31,2007 ASSETS Bonds(Amortized Value)....... . ... .... . ...I .... . ... . . ... .. $88,913,221 Common Stocks(Market Value) .. . .... ..... . ... ..... .... ..... 18,170,832 Mortgage Loans on Real Estate. .. . . .. . . .. ... . . .. ....... .... .. 1,111,500 Cash&Bank Deposits . ...... ... . . .. . ... .. .... . .... .. . .. . .. 46,453,412 Short Term Investments. . .. . . ... .... ..... .. ... . . ... .... .... 4,039,006 Unpaid Premiums&Assumed Balances .. . . .... ... .. ... . ....... 4,488,967 Reinsurance Recoverable from Reinsurers... ...... .... ... . .. .... 631,946 Electronic Data Processing Equipment ... ... .... ... . . .. ... . .. .. 135,990 Investment Income Due and Accrued ... . ... .... ... . . .. .. . ..... 1,253,680 Net Deferred Tax Assets ..... . .. .... . .... .. . ....... .. .. .... 3,250,000 Other Assets .. . ... .... . .. . ... ...... .. ...... ....... ..... . 2,245,354 TOTAL ASSETS . . .......... .. .......... . .. . ... . $170,693,907 LIABILITIES,SURPLUS&OTHER FUNDS Losses(Reported Losses Net as to Reinsurance Ceded and Incurred But Not Reported Losses) ... .. ...... . ......... ....... $15,493,530 Loss Adjustment Expenses... . . . ...... . .......... .. .... .. ... 4242,428 Contingent Commissions&Other Similar Charges ..... . . . ........ 116,728 Other Expenses(Excluding Taxes,Licenses and Fees) .... . .. ..... .. 4,960,927 Taxes,Licenses&Fees(Excluding Federal Income Tax) ....... .... . . 1,252,929 Current Federal&Foreign Income Taxes ... .... .. ... ........... 645,000 Unearned Premiums . ..... . . ...... ... . .. ... .......... ..... 29,522,449 Ceded Reinsurance Premiums Payable .. .. ....... ......... . .... 1,931,511 Funds Held by Company under Reinsurance Treaties . . .... . ... . . .. 5,068 Amounts Withheld by Company for Account of Others.. . . . ... . .. .. 26,183,176 Provisions for Reinsurance.. . ........ . ... .. . .... ... . ... ... .. . 7,409 . TOTAL LIABILrIIES .. .. . . ... . .... ........ ... . $84.361.155 Common Capital Stock . .. . . . . ....... . . .... ..... .. .. . ...... $1,500W Gross Paid-in&Contributed Surplus .... . . . ... . .. ... .. ... .... . 374,600 Surplus Note. . .. . .... . . ... .. .. .. .... . . .. .. . . .. .. . .. .... . 26,000,000 Unassigned Funds(Surplus) ... . . . . . .... .... . ... ..... . . ..... 68,458,153 - Surplus as Regards Policyholders ... . ..... . . .. ... . $86,332,752 TOTAL LIABILITIES,SURPLUS&OTHER FUNDS... . $170,6913.907 I, Francis L. Mitterhoff, President of INTERNATIONAL FIDELITY INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets,Liabilities,Surplus and Other Funds of this Company,at the close of business, December 31,2007,as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New Jersey. ��oE�llY f�sG IN TESTIMONY WHEREOF,I have set my hand and affixed the seal of the Company,this 26th day of February 2008. `yS�a INTERNATIONAL FIDELITY INSURANCE COMPANY ., .,�.... .. I , ��, —— ,-� .. ,I _�,. :.:: . - , --..'.'..:'.:: . ., ` , , , , , .. , , :.:..:,,f -� �- . .. . � :A,��:--"� .�!�: . � .. ... . -::.:- : , —�, -,--� �,-�'.�,f,:i�:.: 11.1 I.�§ ,f::i - i::��-, .. .. -i;�! . . :�—� : .!:�- 7 : � ... . .. 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X... -. pTmCip..:.o. cc.... .. ... .... .. ... . . ..... .. ..... . �- ffi . . .. .. .... ... ..- ... ..... .... . . . ... .... . .. .. :::.:... ... . ........ ... .. ..... .. .. .. .. . .. . .. ... ... - .. ... .. . :. .::.:.. :%. . ..11. ...., . ::. ... . .. . . . ... ..... ... . : .. . of:. .... .. .. ...: -Sectidb..3,: of tbe.3y-Laws a op... . y w .... - .. ... . .::....Thl%:.:�ower of executed.and may be�rev k d pursuant to and by:��uthority.pf:Articlj�:3 d t��b thin;.B ard : . . . .. . . ..o e ,pursuant. .. .. .. o . ... . . . ... . . ... .. . . . . . .. .. .. . Dj .... . ..IDDIE... . _ called on .�.7(4.day;. ...fFdbruaq,j97A.-..:,:: rectors of INTERNATIONAL F XjTYJN$U`RANCE VQNP�A"::at a:q��etiftg....:.:.. :..... ill. . P . . - . . . ' . : Assistant. :. ... ....: . .. .. . . . .. .... . . .. ... .. .. . . The Presidentorany Vice:President. Emotive Vice President,Secretary i Secretary,Oiall have�bwq-r ind:::authority -:.............. . ....... .. 1: � or . . ... .... . �� .: � ..:�!. ..:::..... ... .. ............... .... ....... ...... ......... ... . ..... . .. ... i the Company..thereto,bonds an - ,!::::.!: (1)To appoint Attorneys-in-fact;and to authorize them to execute on behalf of the Cnrnpany,and attach the Seal a b d d:::: . unopmkings,con of indemnity and:other writings:Qbligatory.:jn the nature thereof and, ............ . .. ................... . ... . . ". .. .......... ...... .... ... . . . ...... ... .. . ....... . . .. .. .. . .. . .. .. ..... ... . . .... ... ...... . - . . . . .. ... .. ... ... .. . .:..:::.:... - . ........ .....- %... ........ .......... .... ....... .. .............. .. .... ........... ........ ..... . . ..... ........ . ... ......... ..... ........ ... .. ... . .. .. . . . ........ .... . . . . .. ......... ........ ..... ......... ... . .. . .... .. ... .... ....... .... .. ... . -: ...::.. . .::.. ... %.: �..:...:-...: ............... .-.... .......... .... . .. .. .. . .: .. . ......... . . .. . .. ......... ...... . : .:::%� ..... ....- ........ ................ ............ .. . .. ..... . .. ... . ... ....... .::.... (2)To remove,at.any time,any such attomey7in-fact and revoke the authority given. .. . . . .. . .. .. .. . ... . ... . . ..... . . .: . .: : :.:.. ... : . ...:�Furthei�.tN8 Power of Aitorned,,ii!:::iigned and fcsim:ilepursiiant�:tor6solution:pfthrBO.ATdofPiyectors,uf:.4aid:Co�opanyadqpteda.ta[.Meetin ... .. ... ... .... . . ..y a ... . . . ..9 . .. . . . .. . . ... .. .. ... ... .. .. .. . ... . . ... ... . . .. .. . ... .. . .. . . ... .. ... .. : .. the ..... . . ...... .. ....... ..... . .. . ... ... .. . .... . .. ..... . ..... .. ... . .... ... .. ..... .. . .. .. .. . .. . duly called1krid1eld bii th6:29th: ay...pf April 4992 of:whiell Sollowin :IS a trV6-: . :.. .. ... .... .. .. . .... ... ........ . ........ . ..... .. ... ... ..... ...... .. .. .... .... . .. .. ... .... . . . . I. : .9 . .... ........ .. .:.. .. : ..:::.. ... ...... .... ...... .. ..... .. . .... . ...... . . ... . ... .... . ... .... . ... ... ... ... . . . . . . certificate relating thereto by N6W.jhct64bro the sigjiaturO�of such officers-and the tbe.Company may N':affixed.to any such-power of attorney or my cerfifica: ' . ... . . .. facsimile,. and:any such power ef attorney or 6ertificatd:bearing such facsimile gig6tures or facsimile seal shall be valid binding upon,-.the Company and any .. ...... :.. . .. . ... .. .. . . . .. .. . al ghill be v .fh Q ' the futq�with:p� . . . suich..power so executed and certified by facsifiiik:signatures Irid:facsiffiili se valid and bi�Tng upon. e: �P�any-m . .spect to any ... ........ . ......... . . . . .... . . . . .. . ... :. :. .:: . : ... .... .: :... .. .. . . .. ...... . ..... . .. .. : . .. . . . :.....: bond::or:un&rtaking to.which itis attached. ... .. ...... . . ... . . ....... . ...... - . I . ......... .. .... . ... .... ... . .. ... ...... .... . .. . . ... .... ... .. ..... ... .. . .. .. ... . .. ...... . .. . .. . .. .. . . .......... ..... .............. . ... 1:.: ... ........ . .... ........... .. . :� .:.:.: ... : .::::: .. ... ... ........ ...... ....... . ...... .. . : ... ......... .... .. . .::..:.. .. ........ .. .... ....... ..... ..... .. .:..::. .... .. . ........ ... ... ... .. . .. ... ... .. ..... ... . ...... .::. . . ... .....: . .. ". ... .. ..... . .. .... .. ... .. . : ..... ..... - -: ......... ... . . .. —.. Ty ... ....... ... . �� . . .............. . ..... :.:.::.. TESTIMONY WHERF,OF,:W�A INSURANCE COMPANY has caused this instrument w be V. . . . 1; INTERNATIONAL INSU . ... I W T . ,a]to be affixed:b. its:: .. .. . . .jhth day..::.Qf Oct .: 7,: :::... ....... ..... . . signed and its corporate seal y authorized officer,this .ober,A-D 200 ..:::::- . ... .. : :. .. � .. : : I . .... .. ..... . ..... ..... ...... . .. . ... .... .... ... .. ....... ..... . .. .::.: : ............ ... .. .... ..... ....... ..... . .. .. ... . ... . . ..... ... . ..... . . . .. .. .... .. . .... .... : .. :. ::: ::::.: .. . .. ....... . . .... ... . ... . ... ... . . . .: :: :. il&ury INSURANCE COMPANY . .. . .... ..... ....... . ... .. � .: :: .:::: .. . . . . 7 . ... ...... ... ... ..:.::. ...... ..... ...... . ...... % ... ...::.INTERNATIONAL . : ...::...:. :... ..... . ...... . . .... : : ...... ....... .. ...... ........ . ... .... ..... . . . ... ...... .. .. ....... .. . .. ..... . ...... .: : .. . �:. :S ::L ...:: :..:. �. .. .... ... .... .. .. . . .: . . : .... ... . ...... ... .. ..... .... .. - . . 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On this 16th day of 8rober 2007,before me:scarne the..i�d' duly ... , ividual:;:.who executed the precedi . . . ... - CE C ..... .... ..... : . . . . .�-worn_said the he is the therein db�scribedlifd auth6hied officer Z NTERNATIONAL FWEL. lrIY INS'" WAN!(-ifik the seal affixed ...::. . . . . : ... . .his signature were:. oi��o : . . Agid,hStitiment is the Corporam.:SeaVof..&vd X; that the: - Corporate: aad. : .:.duly �.'Py cirder.o.f.the Board Dir..ectorsof . . : - :. .. .. .... . . .. . - .. ... . . .. . :Seal. .. . . .. .. . .... ........ . : :... ..... ..... .... .... :.Cqf� - :. : ...: ... .. .. .. ... ... ....... .. .... . . .- .... ... . . .. . ... ::... :�:.... :. - . .. :: ...� . .... . . .... . ...... . -.. . said:CbffVW.:. .::.: - -%. .::: K. ..... ..... . .. ... . . . .. .... ... .... - - . . . .. .. :. ..... . .... . :: . .. .:.1 - � .:.: . . ........ . :�: ...... .. ..... .. ..: .. ::::::: - ... .... ..... ...... ...... . .... ..... ......... .. ..�� : .. . .. .. ::�: :.: : .... .. . ..... . . ..... ...... ...... ::: : .:.:: . , .... . ... . .. .. . :� ..... .. ...... . ... �� : :7 . .-... ....... . ... .. ... ... .. .. . ;. . . .. .� ..... �-: . .. . ... .. ... ... . �:: .... ...... . ... .. ...... . .. .... .... . .. ....... . ...... .... ..... : ..%.:: .::: :: ... ....... : .... ... . . . .... ... .. .... .... . :: : .. ......... . .... .. . . .. : "%.. � . ..... ... .... ... : . ... .. : .. ... . ....... - . :: ; :.: .... . .. . - .. .. ... .... . .. .. .. : :. ...... .. . ... - I . :. ..::.: .... . . .. 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I.:- PbWer of Attorney and affj�da�v tic . ........ ... of�sa mrip�py�as�i�t fbmj us "' ... . I .3.: ,� ��.:i .. . % �% ..... . .. .. ... th :. I �.. IN�:tlffi 116ME OFFICE OV SAJ"dMPAN.Y. 11 and that the O' grie are...:�q correct tfanscrjptsjhere4�n(fb, f, .Wh e:0.f.the said oriiioals,:.:;�pd:that the said power . . I 0 .... ,. ,. . ... .. ... - - - ...... :.: .. . . ' . - - :::..... ...... . i - . ... -"" . . .... .:: � .. - I ::... . - effect .. ....:.:..:. - 1 .. . . �. .. .:. .... .. . .. - %. : i ::: ... dfAttorney his revoked and is"::I M force and , . .. . I ........ . . . ....... .. : ......... . . . � . ... .....'.... ,�,�� ..... ....... .:.:i�:>,'�,,� . ........ . ,s�.:.::: ..,.: -.. " ....... of, y ::*::;.... .. . ..... �11..N� .:.:.:. . --..:� Zy',,, % ...-............ . ,..... . :. ........ . . . �-. . hereunto ...:.: .." .. . . ........ .. � .. ... .. . ESWONT.Wi&EOV�1. my�--41"!! s::�:�i:,- : ..: . ..... ��11.... . . .....have erm '� '; - 6. i.. ii. '- . .� ., 0 0 9-�:.,.:.. . .:..-:, .�: I 27TH " day . 2 . �::�: . j19 T � I. .P. - .... :: .. - . .. . . ... . . .. �. , . . � . , ... . . -. .. i�- � . - .:. .. ......:V:..::.:.�... :. .. c� ..... , . ..ii.... .. ... : .i! ': i:�... ...... ....... ..... , " � ... �� .... ...... , . ...: - I 0 jl� .400. - - - .i � . ... : . , .... .. .. I %.. . - ,.. ": ... ... ta -ePTy.::!:i., - , ....... - , �::::::::::::: -e,:�:�:�"� ... ,� ,, -`�!i ��i '.. �.�� ..� .� "�" , -, :" 1- . %'..� ..'. ..., :� �: .�:�.. ... .- .. : � :.., , -� ,, . , .. � . ---- -,�i 4 .- ...... . .. ' i... .� ..-- ... , ... T .1 `�-.: .. .... ::."% ; :1- - ....... ... .. � . . I :. � : . . . .. 1. L--. ,.%.� - , ------------- TOWN O1=WAPPINGER ROCKINGHAM FARMS — SECTION I & If CONCRETE CURB REPLACEMENT PROJECT REPGG V ED CONTRACT NO. 01 JUL 2 ? 20M BID FORM OWN CLEPK THE TOWN RESERVES THE RIGHT TO REJECTANY ORALL 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 July 2009 (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, the Rockingham Farms Section I & 11 Concrete Curb Replacement Project, Town of Wappinger, as required by and in strict accordance with the plans, specifications and all other documents relating to Contract No. 01, for the prices stipulated and as shown on this bid form. Name of Bidder; H.B. wiltse Excavating Inc. (Individual, Partnership, Corporation or LLC)* * Circle applicable word 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 SIGMA URE ADDENDUM NO, 1 7/13/2009 ADDENDUM NO. 2 7/15/2009 ADDENDUM NO. 3 7/16/2009 ADDENDUM NO. 4 + EE4 �C - E { 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) He/She has carefully examined and fully understands all of the parts of the contract documents, and that helshe will execute the contract and will completely perform it in strict accordance with the provisions thereof for the sure 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, 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 f work or labor to which it relates, or in any portion of the profits thereof. 4 (e) He/She 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. 1 (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 I address of the bidder as indicated on his/her bid. 1 (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 ifrom 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. - 17 - (i) That he/she is financially solvent and sufficiently experienced and competent to perform the work. (j) The work can be performed as called for bythe proposal and that the plans and specifications are in all respects suitable and adequate for the work. (k) That the facts stated in his/her bid and the information given by him/her are true and correct in all respects. (1) That he/she 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 federal district or county as the location of the project. BID FOR CONTRACT WORK: BASE BID: The Bidder proposes to perform the work required in accordance with the contract documents for the lump sum of_ $_ Onehundredthirtysixthousand . airehundred dollars aUd no cents (Words) $ 136 , 900 .00 (Figures) UNIT PRICE BID: The Bidder proposes to perform the work required in accordance with the contract documents for the unit price bid per lineal foot of: $ Thirty dollars and no cents per linear foot (Words) $ 30. 00/LF (Figures) t f Note:The Unit Price Bid will be used to adjust the Base Bid price up or down as a result to the actual lineal footage of concrete curb replaced. Sent By: MORRIS ASSOCIATES; 8454731962; Jul-15-09 2:49P-M; Page 618 UNIT PRICE BID: Th Bidder proposes to.install asphalt paving(Base and Top,course)within the areas of th water service trenches in accordance with the contract dodUments for the Unit price bic per square foot of- $ Five dollars, and no cents persquarig-'.,fQot (Words) $ 5 . 00 /SF (Figures) Al.- o made a part of this bid is the attac cument 'on per Division 100, Article 0:3. Sign BidHere f �� ORIZED SIGNATURE Print Name Marc Vumbico Title Vice-President Official Company Name H.B. Wiltse Excavating Inc. (Individual, Partnership, Corporation, LLC)* " Circle applicable word Company Maiung'Address 907 Dutchess Turnpike STREET Poughkeepsie New York 1.2570 CITY STATE ZIP CODE Federal'Employer Identification No. 14-167581 Telephone No, 845-454-0344 Fax No. 845-452-9670 . - 19 - (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: Celeste wiltse 15 Barnes Drive Poughkeepsie, New York 12603 Name and Address of Secretary: Name and Address of Treasurer: (if bidder is a Limited Liability Company, fill in the following blanks.) Organized under,the laws of the State of: Name of Manager or Managing Member: Agent for Service of Process: Address for Service of Process: - 2o - STATE OF NEW YORK ) ss: COUNTY OF Dutchess On the 27th day of July,2009 before me, the undersigned, a Notary Public in and for said State, personally appeared Marcyumbico 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. al 2'C'd`( NOTARY PUBLIC LAURA I MrLLUs Nary Public, State of New York QuRgftd NO Du�tch2 ss County C [offifrlilwon Expires Dec. 11, 19 ! i - 21 - 4 3 CERTIFICATION OF NON-COLLUSION BY BIDDER No bid will be considered unless this Certification remains attacher( to and is submitted with the Bid By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, F 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 the bidder, directly or indirectly, to any other bidder or to any competitor, before j 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. Abid 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 fd 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. (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 - 26 - such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation_ I affirm these statements under pe ty of perj BIDDER'S SIGNATURE: Marc ico, Vice-President DATE: 7/27 009 a } t - 27 - Ed sent Ely: MORRIS ASSOCIATES; 8454731982; Jul-15-09 2:37PM; page 3/8 Torg N OP=WAPPINGER tOC INGi1iAAII F111i1 --SfCTlOiN I A Il REGEoIVE1) CON"IE E CURB'REPLACEMENT PROJECT JUL 2 7200 CONTRACT NO. 01 TOWN CLERGY . 1 m -f . M THE TOWN RESERVESTHE FLIGHT TO REJECT ANY OR ALL BIDS. EACH BID FORM SP ALL 131.ACCOMPANIED BY BID SECURITY(AS DESCRIBED 1N THE INSTRUCTION TO BIDDERS)- T THE TOWN BOARD, TOWN OF WAPPINGER, NEW YORK P suant to and in compliance with your invitation to bid contained- irr the Notice to C tractors dated (month) (day) (Year) th undersigned-heivby.prvposes to furnish all labor, machinery equipment, facilities, to Is, trartspoi'tatign, supplies, n►ates�als;.- insuranam, pawn ts,: ceftificates, -tests, gu rantees, Pr�itectton of equipment and property acid life during_t;orWruction; as well as CO petent and quaIIf4d:eupervision for as phases of the work, and other f�rcilit and thi gs n®cessary .ProPer fpr or incidental to, the Rockingharfi Fa Section I & 11 C trete Curb;Rep.kK* mnt Project, Town.of WappW"r, as required by and in strict a dance with"-,pleas, speclfications wid,all--other documents relating to Contract No. 01 for the prices stipulated and as shown on this bid form. Ng me of Biddec: � ,�� < (Individual, Partnerrshi Corporation LLC)* Circle applica T undersigned declares that the bidding and contract documents have been carefully ex mined and that ell things necessary for the completion of tie work shall be provided. R ipt of the following addenda is hereby acknowledged: SIGNATURE A ENDUM NO. 1 A ENDUM NO. 2 J? Il510�1 —� A ENDUM Nib, 3_ 14 A ENDUM NO. 4 - 16 - ' Sent By: MORRIS ASSOCIATES; 8454731962; Jut-15-09 2:38PM; Page 4/8 In mnslderatloh of,--and.-to induce the award of this contract to him/her, the bidder re resents and warrants-that: (a) If-this Abid-is accepted by the Town Board, Town of WappiNer, AS evidenced by issuance of 8-Not es of Award by the Owner,-arrd malted by registered . mail with:return receipt requested to the address.of.the Ixidder as indicated on his/her bid, the bidder will-axecute a contract on the form of agreement hereln provided and wiH com*.with all provisions-of-said.Notice of Award. (la) This bid is made without any-tmderstanding, 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) He/She has carefully examined and fully understands all of the parts of the contract documents, and that belshe will execute the contract and will compk4ely:perform it in strict accordance with the provisions'thereof for the slum set fodh on the bid, (d) No officer or employee of.the Town Board, Town of Wappinger, or any person whose salary is payahfe 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' hid or in the perfodhanoe of the r ontraet-of in the supplies, materials or.equipment,onto work or labor to which it relates, or in any portion of-the profits thereof. (e) Me/She is oat in arrears to-the Town Board upon debtor coritract and is not a defaulter.as surety,.contractor,-or otherwise upon any obligation to the Town Board;Town of WaEppinger. (f) All work shall be oompleted-withhtn the time allotted.,from the date specified.in the Notice:'to Proceed or set by the contract documents, mailed to,the undersigned by-registet'ed-#jail.with return receipt requested to the legal address:ofthe bidder as indicated on hisftr bid. (g) If the:bid.documents contain.any unlawful provision-not art essential part of the bid,and which shag not appear to have been a controlling or material induosment to the malting thereof, the same shall be deemed'of no*fl<ect And.wNU upon notice by sit-her,the Owner or the bidder be,deerhed stricken from the bid documents-without affecting the binding force-of the remainder.- (h) emainder:(h) Each:and every provision-of'sny law and clause,required by low to be inserted imthe bid documents shall-be deemed t©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 riot correctly inserted, then upon, the -application- of--either party, the bid docurnshts shag forthwith be-physically,attended to make such in-aertion. 17- . Sent By: MORRIS ASSOCIATES; 8454731962; Jul-15-09 2:38PM; Page 5/8 (i) That he/si 49 financially solvent-and sufficientty experienced and competent to.perform the woirk. (j) The work can be performed as'called forty the proposal and-that the-plans and specifidations are in all-reepects suitable and adequate for the work. (k) That the facts stated in his/herbid and the information given by him/her are true and correct in all respects. (1) That helshe is.fully inforrnedt ftarding all the conditions affecting the work to be done and labor and materials.to be furnished for the-Go*letion of this contract;and that his/her information was secured bypersonal lnvestigatfon and research. (m) In the:event of a lawsuit, the.bidder ages that said suit shall be fried in the same federal district or county as the location of the'project. Bl FOR CQN*r CT Wow: E BID: Tt e Bidder proto perform the worts required in accordance with the contract dc curnents for:the lump Burn-of; (Words) {Figures) UITPIE Tt e Bidder pr9poses'f4 pefform the wdrk.-requ+red in accordance with the contract. ' dc cuments for'the i n t'puce bid per lineal foot of: (Figures) Note: The Unit Price Bid:will be used to adjust the Base Bid price up or down as a result t the actual luteal footage of concrete curb replaced. . - 18 - Sent 9y: MORRIS ASSOCIATES; 8454731982; .lu1-15-49 2:38PM; Page BIB U T PRICE BED: Th Bidder proposes-to:iristall asphalt paving-(13m. and Top.course)within the areas of th water service trenches in sc eordance w0 the contract documents for the unit price bic per square foot of- kA (Words) (Figures) Ah o made a part of-this bid is the attached,documentation per Division 300, Article G.3. Sign Bid.Here _-- — AU RIZED SIONATVRE Print Name a Title Official Cornpany Name (Individual, Partnership, orporatio LC)* *CWdG applicable w—off Company Mailing-Address STREET" A) CITY STATE ZIP CODE Federal frnployee identification Telephone No- Fax No.' Sent By: MORRIS A`,SSOGIAltb- (if id der is a carporttiorr; fill in the folloWhg blanks.) Or arnzed under the IaWi of the State Of N eand Address of President: �� a� �a Y✓c., y 1 b�}t �r'=v�, Ne rne and Address of Secretary, i251' Nae and Address of Treasurer (if idder is a Limited-Liability Company, fitfin the following blanks.) O )anized under the laws of the State of: N4 me of Manager or,Mahaging Member: AS ent for Service of Process- Ac ress for Se 00'df Process: - 20- ................. Sent By: MORRIS ASSOCIATES; 9454731982; Jul-15-09 2:39PM; Page 8/8 S1 ATE OF NEIN YORK'- } SS: C U NTY O On the _ day of before rne, the u ersigned, a':Notiry Public in and for.saitt'St te, personally appeared onaliy known to me.or proved to me on the basis of satisfactory evidence to be the pe-s` in ividual whose name-is.-subscribed to the�witfiin 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 peradn- upon behalf of which the individual acted., executed She in trument. NOTARY-PUBLIC DEBORAH BJORKMAN NOTARY PUBLIC,State of New York Reg#OIBJ5911947 lalitied W Dutchess County Commission Expires 6/15/20 _2? + CERTIFICATION OF NON-COLLUSION BY BIDDER No bid will be considered unless this Certification remains attached to and is submitted with the Bid By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each partythereto 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 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 forthe purpose of _ restricting competition. A bid shall not be considered for award nor shall any award be made where(1), (2) _ and (3) above have not been complied with; provided however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons _ therefore. Where (1), (2)and (3)above have not been complied with,the bid shall not be considered for award nor shall any award be made unless the 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. 4 The fact that a bidder a has published rice lists, rates, or tariffs, covering items ( ) ( ) P P 9 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 - 26 - r such authorization shall be deemed to include the signing and submission oftiie bar# and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation. I affirm these statements under penalty of perjury, BIDDER'S SIGNATURE: DATE: i - 27 - RECEIVED JUL 2 7 2a TOWN CLER< BID�BOND KNOW ALL MEN BY THESE PRESENTS: that B&K EXCAVATION, INC. as Principal; and 4 TALBOT DRIVE PLEASANT VALLEY NY 12 TRAVELERS CASUALTY & SURETY COMPANY OF AMERI CA as Surety, are hereby ** 900 WATERVLIET-SHAKER ROAD ALBANY NY 12245 held and firmly bound unto the Town Board, Town of Wappinger, New York in the amount Of: FIVE PERCENT OF THEA ACHE ID--------)DOIi�MXA 15- OF B1D--------"'"---- ----- '- -- 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 27TH day of JULY 2009 WHERLAS, 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 Rockingham Farms Section I & 11 Concrete Curb Replacement Project for the Town of Wappinger, New York, as shown and specified in Contract No. 01, 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 wlth 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. - 23 - (SEAL) PRINCIPAL *Insert Bidder s Name B&K EXCAVATION INC. **Insert Surety's Name By BRIAN HARRAND, PRESIDENT Signed, sealed and delivered in the presence of (Corporate seal of Contractor if a corporation) B&K EXCAVATION, INC. 4 TALBOT DRIVE PLEASANT VALLEY NY 12569 Contractor By r. ' BRI'Ar HA ND, PRESIDENT TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA i By S. MARANTO ., (Title of OffiCer)ATTORNEY-I N-FACT r (Corporate seal of Surety) Attest f ` - H MARY A SZC7��Y CA, (Title o ltc� )A -IN-FACT - 24 - STATE OF SS: COUNTY OF On this day of before me personally appeared with whom I am personally acquainted, who,being by me duly sworn, did depose and say: That (s)he resides at that(s)he is the of the the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate seal; that it is so affixed by order of the Board of Directors, and that he signed his name thereto by like order. Notary Public County STATE OF New York SS: COUNTY OF Dutchess On this 27th day of July, 2009 ,before me personally appeared Frank S. Maranto Jr. with whom I am personally acquainted, who,being by me duly sworn, did depose and say: That (s)he resides at Hyde Park, that(s)he is the Attorney-In-Fact of the Travelers Casualty_ and Surety CompMy of America the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate seal; that it is so affixed by order of the Board of Directors, and that he signed his name thereto by like ordel. STEFANIE M.PULVEA Nota Public State of New lYoo, Qualified in Dutchess C� Cert�Ho QtPxU60 W11,t �� Notary Public County WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER A*Mk POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-in Fact No. 218380 Certificate No.0 02342978 KNOW A1,I_ MEN 13Y THESE PRESENTS:That.Seaboard S1.11-Cly COHIPUlly is as Corporation duly organized under the laws of the State ofNew York,that St.Paul Fire all(] Marine Insurance Compnily,St.Paul Gjuardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws ofthe State of Mfiniesota,that Farmington Casually Company,Travelers Casualty and Surety Company,and'Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the Slate ofConnectiCUl,ilial United States Fidelity and Guaranty Company is a corporation duly Organized under the laws of the State of Maryland,that Fidelity and(juaranty 1115Urance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Gl.lal-all[V Insurance Underwriters,Inc,is a corporation dilly organized under the laws of the State ol"Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint John P.O'Shea, Frank S.Maranto Jr,,Kevin A.Viana, Mary Ann Szczypca,Timothy Rychcik,Susan Provost, Kathleen A. Brown,Carmella M. Grassi, and Eleanor Menges of the City of Poughkeepsie New York 41 . State of.................... (heir true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is owned 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 1)US,61CSS Of I-LIaranteeingI the fidelity of persons, guaranteeing the performance of contracts and executing oi-guaranteeing bonds and undertakings required or permitted in any actions qrp ceedings allowed by law. 25th IN WITINFOryHEREOF.the Comp we caused this instrument to be shined and their corporate seals to he hereto affixed,this chly of .................. Farmington Casualty Company St.Plitil Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty fnsuint�ticc Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paid Fire and Marine Insurance Company United States Fidelity and Guaranty Company (F77-)��o ........... State Of Connecticut By= n't,", ice Pre City of Hartford ss. /GcOrg Tholllpwn, nior ice President On this the 25th day ol........ April ................. 2008 before me per,sonally appeared George W.Thornpson,who acknowledged himself to be the Senior Vice President of Farmington Ca, suaily Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, 1ne., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St, Paul Guardian insurance Company, St. Paul Mercury Insurance Company,Travelers CnStlalty ',it)(] SLllVty Company,Travelers Casualty and Surety Company ol"Ainerica, 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 oil behalfof the:corporations by himself as a duly authorized officer, In Witness Whereof,I hereunto set nry hand and official seal. Nly Commission expires the 30th(lay(,A'Junc,2011. Marie C.Tea-eatill,Notary Public 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS CASUALTY ANO SURETY COMPANYOF AWRICA HARTFORD,CONNECTICUT 06153 FINANCIAL STATEMENTAS OF DECEMBER.31,2008 CAPITAL STOCK S 6,000,000 ASS TS BI 5 A S CASH&INVESTED CASH 3 146,775,723 UNEARNED PREMIUMS $ 846,309,219 BONDS 3;4k,929,384 LOSSES 822,955,804 STOCK 7,686,628 LOSS ADJUSTMENT EXPENSES 279,222,162 INVESTMENT INCOME DUE AND ACCRUED 46,660,631 COMMISSIONS $2,167,066 PREMIUM BALANCES 303,582,195 TAMS,LICENSES AND FEES 43.37t,400 NET DEFERRED TAX ASSET 40,073,133 OTHER EXPENSES 29,247,064 REINSURANCE RECOVERABLE 11,426,353 FUNDS HELD UNDER REINSURANCE TREATIES 105;982,818 DTHERASSETS 86,225,430 CURRENT FEDERAL AND FOREIGN INCOME TAXES 104,163,980 REMt'T'rt'ANCES AND ITEMS NOT ALLOCATED 57,573,235 AMOUNTS WITHHELD 1 RETAINED BY COMPANY FOR OTHERS 31,564,808 RETROACT"REINSURANCE RESERVE 11,097,864 POLICYHOLDER DIVIDENDS 9,605,141 PROVISION FOR REINSURANCE 6,462,295 CEDED REINSURANCE NETPREMIUMS PAYABLE (45,467,630) OTHER ACCRUED EXPENSES AND LiA61MES 11 0219215 TOTAL LIABILITIES I Z�3Fi1;267,253 CAPITAL STOCK S 6,000,000 PAID IN SURPLUS 303,297402 OTHER SURPLUS 1 425 8T691$ TOTAi.SURPLUS TO POLICYHOLDERS ,'Fg ,I'm TOTAtASSSETS 54,098,243,572_ TOTALUkBILMESSSURPLUS ,34��:243.572 STATE OF CONNECTICUT � COUNTY OF HARTFORD }SS, CITY OF HARTFORD ERIC B.BRUISER;BEING DULY SWORN,SAYS THATHE IS CHIEF FINANCIAL OFr-tgER-TRAVELERS BOND&FINANCIAL PRODUCTS;- OF TRAVELERS-CASUALTY AND SUR67Y C016 PARYOFsAMERICA,AND THATTOTHE BEST Of H IS iCkOWlt-DGE AND BELIEF,THE FOREGOING ISA TRUE AND CORRECTSTATE14sENTOF THE FINANCIAL CONDITION OF SAID COMPANY AS GI""mr,314t t* F-DE EMS 12006. C}t1EFFINAIJGIAI:f3FFICER—ORD;A i CIALPRODU S13BSCAISM AND SMRN TO BE BARE ME THIS NOTARNUBUll 17th DO 0 APRIL,2110E MARIE C—TETREAULT R Pubile iw.e#f jtri:,, �titm 30f1t1 1 Sent By: MORRIS ASSOCIATES; 8454731982; Jul-18-09 10:54AM; Page 2/8 ADDEL4DUM NO.2 CONSTRUCTION B D AND CONTRACT FOR TOWN. OF'WAPP#LAGER RC.3CKINGHAM Farms — Section..I. & 11 CONCRETE CURB REPLACEMENT PROJECT JULY-15, 2009 N.)TE: This Addendum forms a part of the contract documents. Acknowledge receipt of this addendum in the appropriate location on the bid. TI ie following .information or modifications to the Construction Bid and Contract for the R ,ckingham Farms--Section l $ If Concrete Curb Replacement Project is being supplied by the Ej igineer as a result of questions raised by contractors or consultants. Q estion: Addendum #'l. — Part 4 water Services. Based on addendum the contractor is to have the asphalt restoration for CA.NIO in the base bid. How many services and what size is the excavation? There is no indication on plans as to the approx, square footage what would be necessary to restore. R sponse: The co,ntractodbidder shall provide a square foot price for the r placement of the asphalt :base and top to match details) in the areas of the water service trenches. Attached to this Addendum is a revised Bid Form to be used in lieu of the form contained within the Bid Contract. E. ocuments\T WappingeAa W2004\w20803 Rockingham Sect I&IRADDENDUM 1*2 7-15-013-doc Sent 9y: MORRIS ASSOCIATES; 8454731962; Jul-16-09 10:54AM; Page 3/8 TOWN.OF WAPPINGER ROCKINGHAM FARMS— SECTION I.& Il CONCRETE CURB REPLACEMENT'PROjECT CONTRACT NO. 01 SID-FORM TIM E TOWN RESERVES THE RIGHT TO.REJECTANY OR ALL BIDS. EACH DID FORM SMALL BE ACCOMPAMED BY BID SECURITY(AS DESCRIBED IN THE INSTRUCTION TP BIDDERS).- To THE TOWN BOARD, TOWN OF WAPPINGER, NEW YORK P rsuant to and in compliance with your invitation to bid contained in the Notice to Contractors dated (month) (day) _ (year) th undersigned hereby proposes to furnish all labor, machinery, equipment, facilities, to Is, transportation, supplies, materials, insurances, permits, certificates, tests, gL arantees, protection-of equipment and property and life during construction; as well as cc mpetent and qualified super islom for all phases of the work,-and. other facilities and th ngs necessary or proper for or incidental to, the Rockingham Farms Section l & II Cibricrete Curb Replacement Project, Town of Wappinger, as.required by and in strict a rdanee with the plans, specifications and all.other documents relating to Contract No. 0 , for the prices stipulated and as shown on this bid form. N me of Bidder: Blacktop Maintenance Corp . (Individual, Partnership; Corporatio r LLC)* Circle applicable word TI ie undersigned declares that the bidding and contract documents have been carefully examined and.that-a'll thing's necessary for the completion of the work shall be provided. Receipt of the'folloWing addenda is hereby acknowledged: DATE SIGNATURE A DENDUM NO. 4 7/13/09 A DENDUM NO. 2 7/15/09 A DENDUM NO- 3 7/16/09 A DENDUM NO. 4 Sent By: MORRIS ASSOCIATES; B454731962; Jul-16-09 10:55AM; Page 4/B In consideration of, and to induce the award of this contract to him/her, the bidder re xesents. 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 itis in all respect fair and without collusion or fraud_ (c) He/She has carefully examined and fully understands all.of the parts of the 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, 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) Ike/She is not in arrears to the Town Board upon debt or contract and is nota 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 induc meet 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 firom 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 andthe 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. - 17 - Sent By: MORRIS ASSOCIATES; 8454731962; Jul-16-09 10:55AM; Page 5/8 (i) That he/she is financially solvent and sufficiently-experienced and competent to perform the work. U) The work can be performed-as caped for by the proposal and that the plans and specifications are in all respects suitable and adequate for the work. (k) That the facts stated in his/her bid and the information given by him/her are 'true and correct in all respects. (1) That he/she is fully informed tegarding all the conditions affecting the work to be done and labor and maten-als 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. B1 D FOR CONTRACT WORK: Bi kSE BID: T e Bidder proposes to perform the work required in accordance with the contract dc currents forthe lump sum of $ ne hundred thirty seven thousand seven hundred sixty two dollars fifty nen (Words) 137 , 762 . 50 (Figures) Ul UT PRICE BID. Tt e Bidder proposes to perform the work required in accordance with the contract dc cuments for the unit price bid per lineal foot of: $ Fifty two dollars and eighty eight Cents per l .f . (Words) 52 . 88 l . f . (Figures) Note: The Unit:Price Bid-wilfbe used to adjust the Base Bid price up or down as a result to the actual lineal footage of concrete curb-replaced. w18 - Sent By: MORRIS ASSOCIATES; 8454731962; Jul-16-09 10:55AM; Page 6/8 Ul VT PRICE $Ia: T e Bidder proposes to install asphaltpaving (Base and Top course)within the areas of th water service trenches in accordance with the contract documents for the unit price bii I per square foot of.. Fifteen dollars no cents per S . F . (WOMS) $ 15 . 00 per S .F. (Figures) Al io made a part of this bid is the attached documentation per Division 100, Article C.3. Sign Bid Here AUTHORIZED SIGNATURE Print Name Dana Wiehe , Secretary/Treasurer Title Secretary/Treasurer Official company Narrme Blacktop Maintenance Corp . (Indivitt ;W,'Partnership, orporation LLC)"' *Circle-applicable wo Company Mailing.Address 27 Commerce S t . Poughkeepsie , NY �� T _ CITY STATE ZIP CODE Federal l✓mployet identification No. 14-1552157 845-471-8700 Telephone No. Fax No. 845-471-8138 - 19 � Sent By: MORRIS ASSOCIATES; 8454731962; Jul-16-09 10:56AM; Page 718 (l bidder is a corporation, fill in the follov�ng blanks.) 01 ganized underthe laws of the State of: New York N i ime and Address;of President: David Petrovits , Poughkeepsie , NY N me and AddressofSecretary: Dana Wiehe , Pleasant Valley , NY /Treasurer N me and Address of Treasurer: (if bidder is a Limited Liability Company, fill in the following blanks ) 01 ganized under the laws of the State of: NE ime of Manager. or Managing Member: A ent for Service of Process' Ac dress for Service'6UProcess- - 24 - Sent By: MORRIS ASSOCIATES; 8454731962; Jul-16-09 10:56AM; Page 8/8 STATE OF NEW YORK ) . ss: COUNTY OF Dutchess On the. 27th day of July , before me, the u dersigned, a Notary Public in and for said.State, personally appeared Dana Wiehe pe rsonally known to ma,or proved to me-on the basis of satisfactory-evidence to be the in ividual 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 in ividual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC Dawn Fernandez a'Awn C N w Yak do.X3166 0�ElOW JU q 2,`'20 1 t - 21 - CERTIFICATION OF NON-COLLUSION BY BIDDER No bid will be considered unless this Certification remains attached to and is submitted with the Bid Blacktop Maintenance Corp . 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 bythe bidderand will not knowingly be disclosed by the bidder, directly or indirectly, to any other bidder or to any competitor, before the time of the bid opening. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of _ restricting competition. A bid shall not be considered for award nor shall any award be made where (1), (2) and (3) above have not been complied with,- provided however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where (1), (2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the 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. (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 - 26 - 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. 1 affirm these statements u9tint)A_ der penalty of perjury. BIDDER'S SIGNATURE: 1 pLC_ Dana Wiehe, Secretary/Treasurer DATE: July 27 , 2009 - 27 - 07/13/2009 22:45 FAX 845471.8138 121002 RECEIVED JUL 2 7 20M 11311) BOND TOWN CLERK KNOW ALL MEN BY THESE PRESENTS: that * BLACKTOP MAINTENANCE CORP. as Principal; and ** INTERNATIONAL FIDELITY INSURANCE COMPANY as Surety, are hereby held and firmly bound unto the Town Board, Town of Wappinger, New York in the amount of- ---57. OF THE ATTACHED BID----- Dollars $ ?� % • i I - 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 27TH day of JULY 20 09 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 Rockingham Farms Section I & 11 Concrete Curb Replacement Project for the Town of Wappinger, New York, as shown and specified in Contract No. Ot_ 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- - 23 - 07/13/2009 12:45 FAX 8454718138 Z003 (SEAL) PRINCIPAL *Insert Bidder's Name BLACKTOP MAINTENANCE CORP. "" I Insert Suretyls Name y I J/10 C"—LA) Dana Wiehe , Secretary/Treasurer Signed, sealed and de4irivered ;n the presence of, (Corporate sea[ of Contractor if a corporation) BLACKTOP MAINTENANCE CORP. Contractor By Dana Wiehe , Secretary/Treasurer INTERNATIQAL FIDELITY INSURANCE COMPANY /19 E 3 ................. L4(,!qte--'6',jf ROSEMARIE A. MISENAR ATTORNEY-IN-FACT (Corporate seal of Surety) Attest (Title of Officer) - 24 - 07/13/2009 12:45 FAX 8454718138 0004 STATE OF NEW YORK ) ss: COUNTY OF Dutchess ) On the 27th day of July before me, the undersigned, a Notary Public in and for said State, personally appeared Dana wiehe 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. N TARP PUBLIC Dawn Fernandez awn FamM ida ,0Wper,soft of New Yale Jo.GSIf$ }timid in DuMMS CM* :ommisaim Ex W*Jura 2.20'� INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER,20TH FLOOR,NEWARK,NEW JERSEY 07102-5207 STATEMENT OF ASSETS,LIABILITIES,SURPLUS AND OTHER FUNDS AT DECEMBER 31,2007 ASSET'S Bonds(Amortized Value)... ... . . ... .... . ....... . .... . . ... . . $88,913,221 Common Shocks(Market Value) .. . .... . .. .. .... . .. ..... . .. ... 18,170,832 Mortgage Loans on Real Estate.. . . .... . ... ... . ... . ... .. .... .. 1,111,500 Cash&Bank Deposits . . . .. . . .. . . . .. ... .. . ...... ... . .. .. ... 46,453,412 Short Term Investments..... . ... ...... ..... .. . . . ... ... ..... 4,039,006 Unpaid Premiums&Assumed Balances ... .... . ... . .... .... .... 4,488,967 Reinsurance Recoverable from Reinsurers... ...... .. ..... ... . ... 631,946 Electronic Data Processing Equipment .. . .. . ....... . . .. ...... .. 135,990 Investment Income Due and Accrued ... . ... ... . . .. . . .. . ... .... 1,253,680 Net.Deferred Tax Assets ... ......... . ... ... . . .... .. .. . . . ... 3,250,000 Other Assets . .. .. ........ . ..... .. .... ..... . ......... .... 2,245,354 TOTAL ASSETS ... ......... ...... .... . . ... ...... $170,693,907. LIABILITIES,SURPLUS&OTHER FUNDS Losses(Reported Losses Net as to Reinsurance Ceded and Incurred But Not Reported Losses).. . .... .... .. . ........ . .... . $15,493,530 Loss Adjustment Expenses..... ....... ..... ... ....... .. . . .. . 4,242,428 Contingent Commissions&Other Similar Charges ... .. .. .... ..... 116,728 Other Expenses(Excluding Taxes,Licenses and Fees) ..... .. .... .. . 4,960,927 Taxes,Licenses&Fees(Excluding Federal Income Tax) ... . ... ..... . 1,252,929 Current Federal&Foreign Income Taxes .. . .... . .... .. .. ... . .. . 645,000 Unearned Premiums ...... . .......... . .. ......... . ... ... . . 29,522,449 Ceded Reinsurance Premiums Payable .... . . .... .... .. .... .... . 1,931,511 Funds Held by Company under Reinsurance Treaties .. ... .. ...... . 5,068 Amounts Withheld by Company for Account of Others... . .... .. .. . 26,183176 Provisions for Reinsurance.. . . ... . .. . ......... . . . .. . . .. ... .. 7"409 TOTAL LIABILITIES .. . .. ...... . . . .. . .... ... . . $84.361.155 Common Capital Stock . .. ....... ... . .. .. ..... .. . .. . .. .. ... $1,500,000 Gross Paid-in&Contributed Surplus .... ...... ...... .. .... .. .. 374,600 Surplus Note.. . ... . . . .. .. .. ..... . .. . .... ...... . .. . . .. . . . 16,000,000 Unassigned Funds(Surplus) --- ----- --- ----- - ------ -- ------ - 68,458,153 Surplus as Regards Policyholders . .. . ..... ..... .. . _ $86,332,752 TOTAL LIABILITIES,SURPLUS&OTHER FUNDS... . $170.693,907 I, Francis L. Mitterhoff, President of INTERNATIONAL FIDELITY INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets,Liabilities,Surplus and Other Funds of this Company,at the close of business, December 31,2007,as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New Jersey. �\o* tTy�Hs� IN TESTIMONY WHEREOF,I have set my hand and affixed the 4oaFr� seal of the Company,this 26th day of February 2008. sciu m INTERNATIONAL FIDELITY INSURANCE COMPANY Tel(�73J614 200 � � n)MT-;OFFICE 111 E NEWARK I'ENTER, bT�T FLOOR" NEWARK, WW JERSEY '4)XJ42- 07 .. ..... - - K1V0 ALL MEN BX THESE PRESENTS •'That Ill` ERNAVONAL-VIDELITY INSURANCE.0A*ANY, a corp. ation orgatiized`and•:existing jaws of the Static of]Frew Jersey and having its.prinG psi office to the City: Newark,Now Jersey,does-,hereby constitute and appointX. MARY I✓ BRINCKERHOFF ,IANICE A RALLARIPr RQSEMARIE A MISENAonR Fish kill, NY. ....... .... its true.;and lawf attomey(s)to fact to execute sea#.and deliver fur and on its behalfias surety any and all bonds ai nd'undertakmgs i:ontracis df indetti i and other'writtngs'olittgawry;in the nature thereof whiCli:are of may be allowed required or,.�crautted by late ;stature,.rule,;re�+i]anon e:ontract ar otherwise and K. the,execution'of such. irrstrurnen*( i&pursttaace [if these: presents<shalt be as bmdutg upon the said INTEl1tNA'IIVNAL FIDELITY INSURANCE C()lYi)SANY, as;hilly ant}atrtpfy, to all,iiitgnts artd purposes;,as tf thesame had been duly executed and aeknawitidged py its regularly elected officers at its ' so principal office. This Power of:Attorneyy;is executed and Tina be revoked pursuant to and by authortty;of Article„3 Section.3 of the B -Laws ad op gd by the:Board of Directors a€IN IERIYATIE)NAI FIDELITY SURANCE COMI Al at a meenng•c 33Zed and Held on the 7th day. pf February I9T4, The President or any Vim Pr6sidcr#(Exeet Live Ytce President,Secretary or Assistant Secretary,shall have power and:authority (1)To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the.Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings.,obligatory. in the nature thereof and, (2):To remove,at anytime,arty such attorney-in-fact and revoke the authority;given FuiYtter,this Power of.Attorn is signed and sealed by facsimile pursuant to resolution of the Board of Directors bf said Conipany adopted at`a meeting duly called and held ori the 29th day of April,19$2 of which the following is a true excerpt: Novw therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power.of attorney or certificate bearing such facsimile SrgnaNres or facsimile seal shalt be valid and hindmg upon the Company and any such,power so executed and certified by facsimile signatures and facsimile seal sliall be vOld and'bnrding upon the sCampany.iii the future with:: spect to any bund`or undertak ng to which itis attached. � SIT Y(�/�. IN TESTIMONY WHEREOF INTETtAtIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be X. signed and its corporate seal to be affixed by its authorized officer;this lfitli day of October,A.D.2007. INTERNATIONAL FlD LITX INSURANCE COMPANY � S14Lt" cs o STATB OF NEW JERSEY �. 19fl4 r, Counry ofEssex k Secretary On this.16th day of I etober 2007, before me oarae the mdlvidual tvho ettecuted the..pp.7ecedingg instrument, to me' ersonallq known, anti,being by me duly sworn;:,said the he is the therein described and authar`]zed officer of t1se` W.. -NCE.FIDELFTY INSURANCE CUOMPANY;that the seal affixed to said instnrment is the Coi0orate„Seal of said Company; that the said:Corporate::5eal and.his Signature were_duly affixed by order of the Board of Directors::of said Company::; ARn FN T'ESTII ONY WHEREOF I have hereunto set my M. affixed my Official Seal Q► at the City.4f Newark New Jersey the day and:year first above written. CtrlOTARY -� P U B L 10 > , A.I;[OTAR PUBI f OE.NERSr TEItSEY Cl ItTIFICATIiDN My Comriitssion Mires Nov.21 2010 I,the unders gned:oMat of II ERNATIONA4,, ELITY INkhRWA CVCOWAM:do hereby terrify that I have compared thi'foregoing copy of,the Pow%r of Attorney-and affidavit,and the copy of the Section of fire By-Daws of said company as set forth m said Pnvier'r r'4Attorney,R itlf the ORIGINAI ON IN T=FIE HOT] ''OkFIGE`OF SP;III CO viPAi+l ,aiid that the same are;correct tr2tiscrigls thereof,and of th svho#e of the said originals,acid,ltat the said Power' of:Attorney has'ttot been revoked`and is r”in ftih force and effect : L k•' IN TESTITvIONY WHEREOF J have hereunto set my hand this '7TA day of TULY ©(}9 r i ;F A 551$'tanG Seere E TOWN OF WAPPINGFR TOWN CLERK • \ SUPERVISOR CHRIS MASTERSON 1 CHRISTOPHER J_COLSEY ! TOWN COUNCIL WILLIAM H.BEALE VINCENT BETI`INA MAUREEN MCCARTHY TOWN CLERK'S OFFICE JOSEPH P.PAOLONI 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845)297-5771 July 30, 2009 FAX:(845)298-1478 Ben Ciccone, Inc. 151 Daley Rd. Poughkeepsie, NY 12603 Attn: Mark Sicheri Re: Rockingham Farms — Section I & II Concrete Curb Replacement Project Contract No. 01 Dear Mark: Pursuant to the Advertisement for Bids for the above referenced project, your $50.00 deposit is being returned. We are enclosing your deposit check 929974 for full refund on this prof ect. Sincerely, J C. Masterson Town Clerk JCMIcf RECEIVED JK 272009 BID EKWQ TOYIM CLERK KNOW ALL MEN BY THESE PRESENTS:that Ben Ciccone„ Inc. as Pipai=acrd Hartford Accident & Indemnity Company as Surety,are hereby held and furnty bound unto the Town Board.,Town of Wappinger, New York in the amunt of: 57. of Amount Bid Dollars S (" of Ant $idl for the payment whereof Prartcapal a;�d Surety-buid Surety-bout= ow heirs executors, administrators, successor's and assigns,pinny and seve y i ftmAy by these presents 27th Ilay of_July 20 09 - WHEREAS 9yft HER AS;the comfltion of the above obligation is such that,whereas the Principal has submitted to the Town Board a certain bid,ached hereto and hereby a part hereof, to enter into a contract in writing for the Rockingham Farms Section l&!l Concrete Curb Re0amment Project for the Town of Wappinger, New Yo*, as shown and skilled in tact Na.41. NGW THEREFORE, (a) it said Bid shah be fid,or in Uve alternate (b) If said Bid shall be accepted and the Primal shall ear#e and deliver a �mntract in the Form of an Agreement attached hereto�propedy cofnpieted in accordance voWt said Bid) and shalt i€c alt respects perkKm tha agmement creamed by the acceptance of said Bid, then this obligation shall be void. OtherMse, the same sha#i remain in force and effect, ft being expreWy understood; and agreed that #abilky of the Surety for any and alt dairns hereunder shaft, in no Wit, exceed the amount of this obWbn as hereto staled. The Suretyr for vatue received,hereby stipertates and agrees#at the obligatms of said Surety and its bond shaft in no way be impart or erected by any extension of the time within which the PrfrmpeA may accept such bids and said Surety doeshereWwaivanoUm of any such extension. IN WITNESS WHEREOF F tfto Prumipat and the Surety have her�set Mee harms and seals, and such of them as are Corporations haw caused their CorWate seats to be hereto affixed and these presents to be signed by thw proper officers,the day and year first set forth above. (SEAL) *Insert Bidder's Name PRINCIPAL BEN C1cCON., INC. —Insert Surety's Name E�y Brandon A. Ciccone, President Sided,sea{ed and det' ered In the pry-of J (Corporate seat of Victor if a corporation) ze All Contractor By �Rr4�ctda� A. Zl e4p VX, PrPfxL�f v� HARTFORD ACMENT & INDEMNITY COMP"y r 'By David M. Wallace (Tiftteof0ffiCer) Attorney-Zn-Fact (Corporate seat of 5Urty) Attest Paul J. Wllle J t#e Of Ofter) At toruey-I4 yact -24-- } STATE OF NEW YORE{ ) ss. COUNTY On the 7-- day of L t,�ir�de�igr�d, G before me, the ��--- �bfic in and#�said Slate,perzonafly appears • lcavvi _ pe �,ormfjy linin to ree or proved to,me on the bans of satWacbry e'dente t0 be the MMdWwWe naii Fs subs t€3 the the m *umertt and agile a 10 that lie exectjl<eE#tfie,same in his capar,fty, and ffiat by hr-signature on the Pstr>.mrd, the 'sr dam, or person Lq= behalf 0f rich the mdividual acted, executed the i�rnent. 5 Carla Vigna Notary Public,State or New York NOTARY No.01VI6200380 Ouaimed in Dutchess County Commission Expires February 02.20-)Z- r L3lrecr►rrgiuTr#esl9Cfaflats to: OWER OF ATTORNEYAS `T-4 ANM HAEl.TF=,C0tV Z=l=MIS call:88"64M Gr fax.850-757-SBaS KNOW ALL PERSONS BY THESE PRESENTS THAT: ASeMY Cods: "-"IM IV WIr��l Harf ford Ire Inalrrsnca may a t1u73°�rgmnnd eu�derthe Iawstxf the State offi ara>eetient FX--j H&M*rd ACMU&*ktstirsnce OOMPMY,a COMOrad IM day txg=ud ue da Abe bm of the State afindim Harford Accefent and(ndemntiy Company,a rarparaaian dWyajanEzed under the taws ofthe State ofComweticut Martford Underwermv#rta ante trrtpany,a wrPM.,bw d*crrga uxed reader etre lima efthe SMa-ef Cowwtiacnt TvArtCHyTiminsuranceCorriparry.a surporation duty arpixsd under thr fawn aftlm Stfe of tndima Hartford insurance Cornpafiy of Illinois a twrporation duty organized under the laws ofthe State of Itlinoig kfsrl�srd irestrret Coat{rsny Of the#tdweat,S COrp[i<SHPa duty�gr[rti�ed irttderttie taw3.ofdte Stateol"indrnrta #farlford inau wwo Company of tete Soutlliew;t a dim d*0WW7Ad under the laws o€ibc StateeMaaida having their f>o otfiee irr Hartford,�;{hereir♦aiter collectit !referred as the`C omparime}'do-herebyr snake,amsf+ttste and appoint, trp to the amt efW►#frrrfred: John I-tChar ve-qRe, Thomas F_Waflace; Sr.,Paul J Wailace,Barbara Wagne, Thomas F WaffwA Jr. of Agony,NY their tare and tavafdt Altomey(s)-irr-Fact,each in th*separate capacity it more that►one Is named above,to sryn Its name as surety ies?only as de&ma*d above by R and to execuW seat and advievAedgw my arta ate bonds.urxUdaldngs,conracts and otter urs;ristrurrier s=the nature thereof,on behaN of the Cornpanies in their business of quaranteeirrg the f detity of person%guaranteeing the performance of contracts and exacubrig,or guamnteemg bonds and uridedakirtgs rags wad or permitted:ut any atstiona or proceedings allowed by lava In Witness Whereof,and as authorized by a Resolution of the Board of Directors of tree Companies on 3ufy 21,2=the Companies tura rimed ttze prasertis 4G besW4dby ft A zws as Pmxt autd it-coTwaIe seal&tet be hamAo alfbacl duty adesW by its Ass iefiarit Secretary. f=urther,pursuant to Resotution of the Board of-Directors of the Companies,the Companies ttereby unarnbiguousty affirm that they are and will be bound by atter mechanically-applied signatures applied to tftis Power&Atturrwy. 00 0 ( ) D PautA.BergenholL Assistant Secretary DwM T Afters,Assistant3HCe President STATE OFCOURECTICUT SS, t-tBttfArd C4DUN 'Y OF IfARTFORD On this 411v day of August.2004,before me personally name DavidT-Akers.to me tuxtwrr,who being by MW4ckAy sworn,r depose ani# say:that he reWes in Etre Co"of Hampden,C aimo wrealth of MassacttttseEts;that he is the A►ssistarit Vim President 4 the Compeniss,the coq ations described in and Much executed the above.kaftamenk that he kno"the stats of the said corporations.;that the seals.affuoed to the said instrument are such corporate seats;that they were so affixed by aulhordy of etre Boards of Directors of said corporations and:that he signed his name thereto by Saw E pauka McwyPvbk f,the undersigned.Assistant Vim President of the Corr fes,DD HEREBY tEAFIFY that#w above and foregoirig is a true arae rorrezt copy of#*Powerof A torney executed by said Companies,whiter is still:i t full force effective as of J*Iy 27, 2009 Signed and sealed at the City of Hartford_ s r a +ham s j s 'htuwsr 'w�,. Gary W.Sturrtper.Assistant Vice President POA ACKNOWLEDGMENT OF.PRINCIPAL-IFA CORPORA770 STATE OFAX.A9 COUNTY OFcAlT-��u ,.._ n this '".1.... ......_, day of ... ML.K-_.......... before me personalty appeared KAlNAO.N...., U bra.414�......................to tie known,who,beingby me duty sworn,did depose and say; that he/she-resides at. "..T , ,� . .3..,/l 1 �� 4-/,i6.... ..........., ..that he/she- is the ..................................President off<-"4.'r---.2i-:f.._...... the corporation described in and.which executed the in Insurance :nstrunxerit;than he/she the sem of said corporation; that the seat affixed to said instrument is such t ugwate seal, that is was so of fixed by the Board of Directors of said Win;and that tWshe signed Mather nam thereto by like order: r Carla vEgna Notary Public,State of New York ........ ................. -------------------------- No.01 V16200380 Qualified in Dutchess Coin��}WIED NT OF PRINCIPAL-IF INDtVf FIRM ow"MMM moires February STATE OF........ SS COUNTY OF................_._ On this ........... day of_ _...._,._....._..............._.._._.., bore me personalty appeared ..............................,...................................................... to me know to be {the ind vidualj 4one. of the firm)of Y ............................................. .:, described in and wfto executed the within it►stniment and he/she therupon acknowledged to me that he/she executed the same has.the act and sheen of said � ACKN 3WLEDGMFAT OF SURETY COMPANY STATE ( F..New... .York,..._-•.. COUNTY OF 1esg.._..... SS 4n this_ 7th gay of July 20before me persponaliy carrve...arid . Wallace to me krimm, who, being by the duly sworn, 1M depow and say; that he/she ides m Wad ls a ... a s ... ........w State of..Nt1f,qK4.... that be/she is the Attomey-m-Fact-of the ------------Mord --cic nt_.& It da�Lm� fir_-- __---__.._._.__....the w pora't on desafl)ed in whilc #executedthe ' above instrument; that hefthe knows the seat of said aoTporaafty that the seal affixed to said instrument is such corporate seat; that is was So affixed by the Board of gfrectors of said corporation;and that he/she signet; hrsfher nam thwet€t by like order; and the affiant did further depose-and isaly that the Superintendent of Insurance of the State of Now York, has,pursuant to Section f 4 f f of the Insurance Law of the State of Now York, issued to .. a _tf�rrd i�c d _.& - M.",rilv..� panny....................... (SV")h3s/heT cerlffIcat�e of �#��the gUalifcation of said C pang and fts€ ciency under any law of the State of New York as surety and quarantor,and the propriety of accepting and approving it as such:and#W such aerfs'ficate has not been revoked. ........ ..�e..... .....I............... Carla Vigna NY acknowledgement Notary Public,state of New York No.01 V1 6200380 Qualified in Dutchess Cour Commisfrion Expires February Hartford Accident and Indemnity Company Hartford, Connecticut Financial Statement, June 30, 2008 (Statutory Basis) ASSET'S LLABi TIES U.S.Government Bonds--------------- S 79 226,632 Reserve for Claims S Bonds of Other Govcnumts........... 229M3,952 and Claim Expense...,..,.. 5,557,375M5 State,County,Municipal and Reserve for Unearned Premiums...- 1.645.610,42& Miscellaneous Bonds......... 8.143,373,43'2 Reserve for Taxes.License Stocks-------- ------ 2,115,548,310 and Fees------.... 5 T15,28t S6onTerm Investmem................ 478.751,941 Miseei#awousLiabilities.--_..w 1,092,798;70& S 1 l,b46,743,367 Total Liabilities S 834.6,499 Real Estate............................... S - Capital Paid in S 40,M.000 Cash --------------------._------------------ 4,251,478 Surplus._____-•-- 3,943,953(0221 Agents-Balances(Under 94 Day-- — 16,978.,,533 Other Invested Assets.............•..... 473,428,425 Surplus as Tegards Policvhalders... S 3,983X3,022 Miscellaneous............................ 789,131,481 'notal Liabilities,CapFtal Twat Admitted Assets.........>.....» S 12,3310,452,884 and Srrplrrus.............._.. S 12,330,452,W4 STATE OF CONNECTICUT COUNTY OF HARTFORD ss. CITY OF 14ARTFORD M. Ross Fisher,Assistant Vice President,and Patricia A. Murrone,Assistant Secretary of the Hartford Accident and indemnity Company,being dirty swom,each deposes and says that the foregoing is a true and cornet statement of the said company's financial condition.as of June 30,2M, Subscribed and sworn to before me this Ir day of SW=ber.2009. t ar &L Ross Fisher,Assistant Vice Presidtan �'f;amnuuioa� �t u�usr 3 F.?�tt3 Patricia.A.l wToax,Assistant.Secreta€y Form CS-19-37 HABci Nftd inUSA. 8454731962; Jul-15-09 2.40PM; Page 3/8 TCYWN ol�*APPINGER ROCKINGHAM FARIIIiS-.SECT1014N V&if CONCRETE CURB REP.L.ACEMENTPROJECT CONTRACT NO. 01 t D:FQQ RM T STOWN RESERVESTHE RIGHT TOREJECT ANY ORALL BIDS. EACH BID FORM S ALL BE ACCOMPANIED BY BID SECURITY(AS DESCRIBED IN THE INSTRUCTION TC BIDDERS). T THE TOWN BOARD, TOWN OF WAPPINGER, NEW YORK. PLrsuant to and in compfiance with your invitation to bid conWned- in the Notice to Cc ntractors dated (month) (day} (year the undersigned hereby:proposes to fi MIsh ell labor, Machinery, eguiprnent, faciilties, to Is, transpofti.00, -supplies, materials,, insurarvoes, permits,_ certs#icates., tests, gu raatees, protectiaon.ot equipment and property and life curing.construction; as well as co npetent and, qualifiid'Iupervision for all'pltases of the work, and other facilities-and thi gs necessary or .proper for or incIdOntal to, the Rockingham' 'Farms Section I $ 11 C crate Curb:Replacement Project, Town.of Wappinger, as required :by and in strict a * rdance with the.plans,specifications and.all..other documents relating to Contract No. 01 for the prices stipulatied and as shown on this-bid form. a �� Nae of Bidder.: / (Individual, Partnership, Corporation or LLC)" Circle applicabl@ word Th undersigned d0ciares that the bidding and contract documents#gave-been carefully ex mined and that 6I1 things necessary for the completion of the work shall- be provided. Reipt of the following-addenda is hereby acknowledged: DATESIGNATURE of AE DENDUM NO. 1 3Tu .7-00904�� Ir- AEENDUM. NO. 2 A ENDUM NO.. 3.. AC DENDUM NO. 4 67 By: MORRIS ASSOCIATES; 8454731962; Jul-15-09 2:40PM; Page 3/B TOWN OP WAPPtNGER ROCKINGH;�4M FARMS SECTION I & tiRECEIVED CONCAETE CURB'AtPLACEMEN ''PROJECT JUL 2 7 2009 CONTRACT NO. 01 TOWN CLMr� 81D.-FORM TF E TOWN RESERVES THE RIGHT TO REJECTANY OR ALL BIDS. EACH BID FORM St ALL BE ACCOMR HIED BY BID SECURITY(AS DESCRIBED IN THE INSTRUCTION TC BIDDERS). TC THE TOWN BOARD, TOWN OF WAPPINGER, NEW YORK. PL rsuant to and in compliance with your invitation to bid contained. in the Notice to Cc ntractors datedLIL � (month) (day) (Year the undersigned. hereby.proposes to furdlsh all labor, machinery, equipment, facilities, tools, transportation, -.supplies, materials;. ., insurarices, permits, certificates., tests, gu Arantees, prcitecWn.of equipment and property and life during'construction; as Drell as co petent and quallfed Itipervisiort for all'phases of the work, and other facilities.and thi igs necessary or .proper for or incidental to, the Rockingham'Fatms Section I & Il Cc ncrete Curb-.-Rep)aceMerit Project, Town.of Wapping:er, as rewired by and in strict a rdance with thae plana, specifications and all.-other documents relating to Contract No. 01 for the prices stipulated and as shown on this bid form. N a me of Bidder: 2"V Z/1Z n' ': (Individual, Partnership o oratio r LLC)' * Circle applicable wvor Th undersigned dddlares that the bidding and contract documents have been carefully exi imined and that ell things necessary for the completion of tate work shall be provided. R eipt of the following-addenda is hereby acknowledged: DATE SIGNATURE AE DENDUM NO. 1 �t1GY /.�.ZdD9 - AE DENDUM. NQ. 2 J41LY /3- .2aa9 ACDENDUM NQ. 3.. 341 AC DENDUM NO. 4 By ; MORRIS ASSOCIATES; 8454731962; Jul-15-09 2:40PM; Page 418 In nnsideratioh of;-and-1b induce the award of this contract to him/her, the Bidder represents and:warrants that: (a) If 4his bid is':accepted by the Town Board:,Town of Wappinger, as evidenced by issuanoe of a.Notice of Award by the Owner,-and mailed by registered . mail with:return receipt requested to the address.of the bidder as iindicated 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 cerp9tation making a bid for the same work, and that it is in all respect fair and-Without collusion or fraud. (c) He/She has carefully examined and fully u.nderstarrds all of the parts of the contract ddcuments, and that he/she will execute the contract and .will comp#etely;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, shall be, or shalfi become int�arested directty or indirectly as a contraetirig party,... partner, -stockholder,., surety or otherwise in this hid or in. the perfodnance of the contract-or.in the supplies, materials or.equipment,orto work or labor to which it relates, or in any portion of-the profits thereof, (e) HefShe is not in arrears to-the Town Board upon debt or coritract and isnot a defaulter:as surety,,contractor,.or otherwise upon any obligation to the Town Board, Town of Wappinger. (f) all wr rlc shall be completed within the time allotted,�frorn the date specified,in the Wtice'. to Proceed or. let by the contract docufnents, mailed to.the undersigned, by -registered-tnail.with return receipt requested to the legal address.ofthe 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 inducemerit to the making" thereof, the same shall be deemed of no effect Ind.will-upon notice by either.the Owner or the bidder be.deerhed 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 lnAhe bid documents shall be deemed to be inserted herein and the bid documents shall be read and enforced as thoug.l7 itwere included herein; and if through mistake or otherwise any such prevision isnot inserted.or is riot correctly inserted, then -0pon. the application of either party, the bid docutneht� shall forthwith.be physically amended to maks such insertion. 17 - t 8y: MORRIS ASSOCIATES; 8454731962; Jul-15-09 2:41PM; Page 5/8 (i) That hq�fshfi-is financially solventand sufficiently.experierncod and competent to.perform the work. (i3 The wort.can.bre performed as'-called for by.the proposal.and-that the plans and specifications are in all respects suitable and,adequate for the work. (k) That the fads stated in his/her-bid and the information given by him/.het`ere true and �rrect in all respects. (1) That he)-she' is fully inforrned-tegarding.all the conditions affecting the work.to be dome and labor and mat4hbts.to be furnished for thecorripletion 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. BI FOR CONTRACT WORK: EU E BID- Tl^e BID- TBidder proposesAo perform the work required in accordance with. the cohifact i do ournents for;the lump sum- of: (Words)-------------- Cf v (Vigures) UNIT PRICE # 1: T e Bidder proposes-to perform the work.required in accordance with the con-tract, d<cements for'the'unit price bid per lineal foot of: -.f as -_6E (Words) 00 (Figures) Note: The Unit.Price'Bid--ill be used to adjust the Base Bid price up or down as a result ? to the actual lineal footage of conorete curb replaced. - 18 - . By: MORRIS ASSOCIATES; 8454731962; Jul-15-09 2:41PM; Page 618 UNIT PRICE BID: Th Bidder proposes-to-install asphalt paving•(Base and Top.course)witNn the areas of. thE water service trenches in accordance with the contract dod'me Its for the unit price bid per square foot of: TS (Words) ( ig""* Ai o made a part of;this bid s the a ed documentation per Division 100, Article C'.3. Sign Bid.Here AUTHa IZED SIGNATURE Print Name ��°�ir�.d,0 .. Titlei��S��.IG/ l Corn ��/� /�DW/r, Official art NP Y. ame (Individual, Partnership, Corporation, LLC)* * Circle applicable word Company Mailing:Attdress __- ��rDit®� STREET CITY STATE// ZIP CODE Federal'Employer Identification No. Telephone No.. Fax No. - fig t By: MORRIS ASSOCIATES; 8454731962; Jul-15-09 2:41PM; Page 718 (if idder is a c6rporetion, fill in the following-blanks.) 4r anized under the lays of the State o#; !/z! /Orfs/� . Name and Address a#President: L //Coe Nae and Address of Secretary; zz/wzz N me and Addres � o€ Treasurer: .G/CCo1�/� (if idler is a Umfted.L#ability Company, fill'in the following blanks.) Or anized under the laws of the State of: Ne me of Manager dr-Mahaglhg Member: AE ent for Service of process: Ac dress for Service of Process: - 20 - _ •BY MORRIS ASSOCIATES; 8454734962; Ju1-15-09 2:41 PM; Page 818 S1 ATE OF NEW,YORK, ) 55: COUNTY 0E-2m, On the : �� day of 3 , beforeme , the Un ersigned, a"Notary Public in and for.said•Sta#e, personally appeared P sonally known to me;or proved to me oh the basis of satisfactory evidence to be the inq ividuai whose name-ls.'subscribed to the W'Within instrument and acknowledged,to me th at- heexecuted the same in has capacity, and that by his signature on•the'instrument; the inc ividual, or the persdn upon behalf of which the individual acti�d, executed the in trument. caria mgna Notary Public,State of New'10* No.01 V16200380 Qualified in Dutchess CountY NOTAR f om ission Expires February 02-26L-LZ `2'l STATE OF NEW YORK } } ss' COUNTY 0F�`, �, 1 } On the day of `� �DD� 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 methat 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. Cada Vigna N o7 New York ,cs;County NOTARY PUBLIC ..c_ Commission Expires February 02,2.Q,_ Carla V -Notary Public,state o New York NO-01V16200380 Qualified in Dutchess County Cortlnaisairn Expim February 02.20-a— CERTIFICATION OF NON-COLLUSION BY BIDDER No bid will be considered unless this Certification remains attached to and is submitted with the Bid By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief: (1) The prices in this bid have been arrived at independently, without collusion, consultation, communication, or agreement for the purpose of restricting competition as to any matter relating to such prices, with any other bidder or with any competitor. (2) Unless otherwise required 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 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 notto submita bid forthe.purpose.of restricting competition. A bid shall not be considered for award nor shall any award be made.where (1), (2) and (3) above have not been complied with; provided however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall -furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where (1), (2) and (3}above have not been complied with,.the bid shall not bE! considered for award norshall 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. (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 - 26 - such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificat as to non-collusion as the act and deed of the corporation. affirm these statements under p natty o ry. BIDDER'S SIGNATURE: DATE: 217 24� z OlE E - 27 - I TOWN OF WAPPINGFR TOWN CLERK • �� SUPERVISOR CHRIS MASTERSON 1 CHRISTOPHER J.COLSEY I - i TOWN COUNCIL WILLIAM H.BEALE VINCENT BETf'INA MAUREEN MCCARTHY TOWN CLERK'S OFFICE JOSEPH P.PAOLONI 20 MIDDLEBUSH ROAD July 30, 2009 WAPPINGERS FALLS,NY 12590 (845)297-5771 FAX:(845)298-1478 Sun Up Enterprises 1607 Route 376 Wappingers Falls, New York 12590 Attn: Dave Serino Re: Rockingham.Farms Section.I & IL Concrete Curb Replacement Project Contract No. 01 Dear Dave: Pursuant to the Advertisement for Bids for the above referenced project, your $50.00 deposit is being returned. We are enclosing your deposit check #?7993 for full refundon.this prof ect. Sincerely, r Join C. Masterson Town Clerk JCMIcf BID BOND RECEIVE® KNOW ALL MEN BY THESE PRESENTS: that JUS 2 7 20 s Sun Up Enterprises, Inc. TO WMa9W pal; and ** Travelers Casualty and .Surety Company of America as Surety, are hereby held and firmly bound unto the Town Board, Town of Wappinger, New York in the amount Of: FIVE PERCENT DUW VC S% 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 9th day of July 2009 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 Rockingham Farms Section I & II Concrete Curb Replacement Project for the Town of Wappinger, New York, as shown and specified in Contract No, 01. 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 there 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. - 23 - (SEAL) Sun Up Enterprises, Inc. PRINCIPAL Insert Bidder's Name :; *Insert Surety's Name ByHaro Buchn r president Signed, sealed and delivered in the presence of (Corporate seal of Contractor if a corporation) Sun.. Up Enterprises, Inc. Contractor By , ,� ` 4 Haro d Buc ne President Travelers Casualty and Surety Company of America By d,cav Camille M. Donato, (Title of Officer) Attorney-In-fact (Corporate seal of Swety) Attest NL� Rachel Y. Minholz, ( itle of Officer) Attorney-In-Fact - 24 - STATE OF NEW YORK ) ss COUNTY OF ) On the 9th day of suly, Zoog before me, the undersigned, a Notary Public in and for said State, personally appeared Harold Buchner, President personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC L tGH ANN SCRIP Notary Pbaic, aONA te of Nciy York NO.4884970 Co Qualift- t",putr"'M Count Expdres f�eo 3},20 L TRAVELERS CASUALTY AIND SURETY COMPANY OF AMERICA HARTFORD,CT. 06183 X fORNEY-IsN-FACI'.IUSTIFICATI.ON PRINOFAL'S ACKNOWLEDGhfFNT—IFA CARRORATION State of New York.Crrunty of c On this day of 20 before me pemonatly appeared to me kno-,m whu,teeing by me duly sworn,deposes and says- That helsttc residcs in the City of that hetshe is the of the corporation described in and tirhich exectned the within insminlent;that hclshc knows the scat ofsaid corporation:that the seal affixed to said instrument is such carporaic 5cal;drat it was so affixed by order of tau:Board of Directors rfsaid corporutian,nod that helshe signed his/lrer name thcTr to by dike order. PRINCIPAL'S ACI NONYL1;DGMENT—IFINDI'dIDUA[ 09 PIP–M State of New York,County of On this day of '20 before me personally appeared to rare known to he(Ihc J;Wividual){one of the Fen of ) described in aad who executed alae %vithin instrumen4 and hefshe thereupon duly nknowlcd-cd to me that Iiclshc excculod the smm(as ilea:act mid d-.".^d of said firm). StrltE'Y COINIPANVS ACTi:'NO'4V'LEDGNI.EN`I' State of N,ew Yr)rk,co13nty of Dut the s s ss. Ua this 9th day of July 20 09 before me personally appeared Camille M. Donato to me known,who,being by me duly swnro,did dgot w and say. That he/to rt sides in the City of Hopewell Junction, New York that hrlshc is Attomey-in-fact of TRAVELERS CASUALTY AND,SURF,TY CO1IFANY OF AMERICA,the corporation iic.scribzd in and which exeiatecl sltc within instrument;rltat Itcisitc knmvs the corporate seal of said Company;that the seal a1Ti:tcd to said instrument is sttch corpa ate seal;and that hefshe signcd said instrument as Anorney-in-Fact by authority of the 13oard of Directors of said Company;and affiant did further depose and say 11)21 the Superintend ani of mstmmcc ct€t3te State o!'New York- has,ptrrsuarct to Chapter=of the Latins of die Strata:of New York for the year I r;i%constituting chnplci 29 of she 0onsolidating l.ntvs of the Stare(rf lvcw York as it=.s Tnsuruacc Law as amended,issued to TRAVELV.11S CASUALTY AND SURL-TV COMPANY OF Ai2)FAICA hWber certificate iJtrit'aid Company is illialitied to become and ha:acted as surety or guarantor on all bunds,undcatakings,rccogtiixattceq,Svarantics,arm other obligations required or permitted by taw;mid that such ,crtikate has not been revoked. ito l;kic TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA PATRICIA A.SCHEPPY Hartford,Connecticut D6183 NOTARY PUBLIC-STATE Of NEW YORK NO.01-SC4950390 FINANCIAL STATEMENT AS OF DECEMBER 31,2007 QUALIFIED IN ORANGE COUNTY AS FILED WITH THE INSURANCE DEPT,OF THE STATE OF NEW YORK MY COMMISSION EXPIRES O4-2420U CAPITAL&TOCK$6,0013,000 ASSETS LfABIL TIES Cash&Invested Cash $ 74,575,131 Unearned Premiums S 8313,096,152 Bonds 3,171,426,610 Losses 907,184,263 Stock 14,3.56,947 Loss Adjustment Expenses 153,320,025 Investment Income Due Commissions 34,054,809 and Accrued 42,220,864 Taxes,Licenses and Fees 19,747,911 Premium Balances 158,657.602 Other Expenses 34,494,038 Reinsurance Recoverable 7,619,102 Current Federal and Foreign Net Deferred Tax Asset 43,368;888 income Taxes 27,676,126 Other Assets 3,744,962 Payable to Parent,Subs€diarles &Afflt iates 58,232;804 Other Accrued Expenses and Liabilities 200,547,980 Total Liabilities 5 2,265,354,108 Cap'itat Stock $ 610001000 Paid'art Surplus 303,297,402 Other Surplus 9.81.319576.. Total Surplus to Policyholders 5 2,290,616.978 Total Assets $ 31555 971,086 Total Llabilttles&Surplus 5 3,555,971,08& Securities carried at$7,396,639 in the above statement are deposited with public authorities,as required by taw WARNING:THIS POWER OF ATTORNEY IS INVALID WTHOUT THE RED BORDEH , This Power of Attorney is granted Under and by the authority of'the followi ng resolutions adopted by the Boards of Directors of Farmin gtoll Casualty Company,Fidelity and Guaranty 111SUrance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety 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,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman,the President, any Vice Chairman, any Executive Vice President,any Senior Vice President, any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary orany Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may rive Such appointee such authority as his Or her certificate of authority may prescribe to sign with the Cornpany's name and seal with the Company's seal bonds,recognizatices,contracts of inderninty,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any Of Said officers or the Board Of Directors at any Little may remove any such appointee and revoke the power given hial or her„and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President:may delegate all or anypart of the foregoing authority to one or more officers,or employees of this Company,provided that each such delegation is in writing and a copy thereof is riled in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,Or writing obligatory in the nature of a bond,recognizance,or conditional Undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary:or(b)duly executed(underseal,ifrequired)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or then- certificates of authority or by one or more Company officers pursuant to a written delegation of authority, and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,tiny Senior Vice President,any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such racsfinfle signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding.to which it is attached. 1,Kori M.Johanson,the Undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety 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[Srinety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above.and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which 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 9th day of July -,20 09, Kori M.Johann Assistant Secretary HARTFORD fess SEAL CONN. To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact Lis at www.travclersbond.coni. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached, WARNINCx:THIS OWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER >ent By. MORRIS ASSOCIATES; 8454731962; J01-16-09 11 :01AM; Page 3/6 TOWN.OF-WAPPIN.GER ROCKWONAM FARMS — SECTION I.& Il CONCRETE CURB REPLACEMENT'PROJECT CONTRACT NO. 01 lS P FQ,RM T E TOWN RESERVE-STHE RIGHTTO REJECTANY ORALL BIDS. EACH B.ID FORM S ALL BE ACCOMPAN:iED'BY BID SECURITY(AS DESCRIBED IN THE INSTRUCTION To BIDDERS)-. To THE TOWN BOARD, TOWN OF WAPPINGER, NEW YORK P rsuant to and in compliance with your invitation to bid contained in the Notice to Contractors dated , (month) (day) (year) the undersigned hereby proposes to furnish all labor, machinery, equipment, facilities, to Is, transportation, supplies, materials, insurances, permits, certificates, tests, gL arantees, protection-of equipment and property and life during construction, as well as cc mpetent and qualified supervision for alt phases of the work, and other facilities and th ngs necess�iy or proper for or incidental to, the Rockingham Farms Section I & II Concrete Curti Rep:iacement Project, Town 'of Wappinger, as:required by and in strict ac cordance with-the plans, specifications and all other documents relating to Contract No. 0' , for the prices stipulated and as shown on this bid form. N me of Bidder. SUN UP ENTERPRISES, INC. (individual, Partnership, Corporation or LLC)* * Circle applicable word Tlie undersigned declares that the bidding and contract documents have been carefully e amined and-.that all things necessary for the completion of the work shall be provided. Receipt of the following addenda is hereby acknowledged: DATE SIGNATURE A DENDUM NO. 1 i A DENDUM NO. 2 A DENDUM NO. 3 A DENDUM NO. 4 16 - ;ant By: MORRIS ASSOCIATES; 8454731962; 1u1 16 09 11 :02AM; Page 4,18 In consideration of, and to induce the award of this contract to him/her, the bidder re resents and warrants,'that: (a) If this bid.is.accepted by the Town Board, Town of Wappinger, ds evidenced by issuance of a .Notice of Award by the Owner, and mailed by registered maid 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 itis in all respect fair and without collusion or fraud_ (c) He/She has carefully examined and fully understands all•of the parts of the contrast documents, and that, he/she will execute the contract and. will dompietely 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, 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 contractor in the supplies, materials or equipment, or to work or Iabor to which it relates, or in any portion of the profits thereof. (e) Ike/She 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) Ali 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 laid (g) If the-.biddocuments contain any unlawful provision not an essential part,of the bid anal which shall not appear to have been.-a controlling or material inducerrieht to the making: thereof, the same.shall be deemed of no effect and will upon notice -by either the Owner or the bidder be deemed stricken from the'bid documents without affecting the binding force of the remainder, (h) Each- and every provision of any law and clause required by law to be inserted iri.the bid documents shall be deemed to be ineeited herein and the bid documents sha:il be read and enforced as though it were included-herein; and if throii.gh 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. - 17 - ;ent By: MORRIS ASSOCIATES; 8454731962 Jul-,16-09 11 :02AM; Rage 5/8 (i) That he/she is financially solvent and sufficiently experienced and competent to perform the work_ (j) The work can be.performed-as.called for by the proposal dnd that the plans and specifications are in all respects suitable and adequate for the work. (k) That the facts stated in his/her bid and the information given by him/her are true and correct in all respects. (1) That lie/she is fully informed.-tegarding alt the conditions affecting the work to be done and labor and materials to be furnished for the completion of,this contract, aid 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 fed-eral district or county as the location of the project. BID FOR CONTRACT WORK: Bi kSE BID: Tt e. Bidder proposes.,to perform the work required in accordance with the contract d currents forthe tump-suer of: (Words) $ (Figures) U141T PRICE 81.1): Tlie Bidder proposes to perform the work required in accordance with the contract documents for the unit price bid per lineal foot of: $ (Words) (Figures) Ni, te: The Unit Price'B.id will.be used to adjust'the Base Bid price up or dawn as a result to the actual lineal footage of concrete curb replaced. - 18 - s ..._ ...--— , ._.,. ,....,, ..p w+. •..e...+i v< , .!ll .- 8 l7-U`..� -1 1'., :U G A lNI j Hage 6/8 U141T PRICE l T'lm e Bidder proposes to nstall.asphalt,paving ( 3a e and Top course) within the areas Of th , water service trenches in accordance with the contract documents for the unit price bi per square foot of: _ VOf (Words) (Figures) Al c made a part of this bid is the atta ed d c mentation per Division 100, Article C.3. Sign Bich Here X AD ORIZED SIGNATURE 0 Print Name Title SUN UPT Pl WlC. Official Company'Name (Individdl, artnrhiCarparat *Circleica LLC}� `a{��alical Company Wiling,Address (, TRE t CITYSTATE ZIP"CODE Federal'' mploy& Identification — Telephone No. Fax No. 1g - (If bidder is a corpar4tion, fill in the following blanks.) d ganized und�erthb laws of the State of: N me and Address of PreAsident. &n Nime and Address of Secretary: C N me and Address of Treasurer., (if bidder is a Limited Liability Company, fill in the following blanks.) 01. anized under the laves of the State of: Nime of Manager. or Managing Member: A ent for Service of Process, Ac dress for Service 6UProcess: - 20 - 'ent By: MORRIS ASSOCIATESa8447319021 Jul-16-09 11 `.02AM3 Page 8/8 STATE OF NEW YORK ) ss: COUNTY OF ) On the day of �" D�� before me the UF dersigned, a Notary Public in and for saij..State, personally appeared �([� nP,� pe rsonally known to me-or proved to me on the basis of satisfactory evidence to be the in ividual whose name is subscribed to the within instrument and acknowledged tome that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of• which the individual acted, executed- the instrument. NOTARY PUBLIC LEIGH ANN SCIRBONA Notary Public, State of New York No. 4684970 Qualified in Putnam County Commission&pires Dec. 31,20M -21 - CERTIFICATION OF NON-COLLUSION BY BIDDER No bid will be considered unless this Certification remains attached to and is submitted with the Bid By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief: (1) The prices in this bid have been arrived at independently, without collusion, consultation, communication, or agreement for the purpose of restricting. competition as to any matter relating to such prices, with any other bidder or with any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not knowingly been disclosed by the bidderand will not knowingly be disclosed by the bidder, directly or indirectly, to any other bidder or to any competitor, before the time of the bid opening. (3) No attempt has been made or will be made by the bidder to induce any other person. partnership or corporation to submit or notto submit a bid forthe purpose of restricting competition. A bid shall not be considered for award nor shall any award be made where (1), (2) and (3) above have not been complied with,- provided however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where (1 ), (2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the Town Clerk of the Municipalityto which the bid is made, or his/her designee, determines that such disclosure was not made for the purpose of restricting competition. (4) The fact that a bidder (a) has published price lists, rates, or tariffs, covering items being procured, (b) has informed prospective customers of proposed or pend;.-r" 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 - 26 - such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation. I affirm these statements under penalty of perj BIDDER'S SIGNATURE: DATE: 1AA - 27 - TOWN OF WAPPINGER TOWN CLERK • SUPERVISOR CHRIS MASTERSON 1 CHRISTOPHER J.COLSEY j' TOWN COUNCIL WILLIAM H.BEALE • VINCENT BETTINA MAUREEN McCARTHY TOWN CLERK'S OFFICE JOSEPH P.PAOLONI 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845)297-5771 FAX:(845)298-1478 October 21, 2009 H. B Wiltse Excavating Inc 907 Dutchess Turnpike Poughkeepsie, NY 12603 Re: Rockingham Farms —Section I&II Concrete Curb Replacement Project Contract No. 01 Dear Mark: Pursuant to the Advertisement for Bids for the above referenced project; your $50.00 deposit is being returned. We are enclosing your check#10320 for $50.00. Sincerely, John C. Masterson Town Clerk FOR SECURITY PURPOSES,THE BORDER OF TKS OOCUMrNT CONTAINS MICROPRINTING I �] i H.B. WILTSE EXCAVATING, INC. 50-1139/219 1OS72O ! 907 Dutchess Turnpike Poughkeepsie,NY 12803 is 41 P a oa�a DOLLARS 12 i' 13 MAHOPAL NATIONAL BANK ATOMPKlNSCOMMUNITYBANK FOR 1<tJ �L ✓t �7l�J �� AUTHOR1ZE0 SIGNATURZ n■0 10 3 2011' 1:0 2 L 9 1 L 3981: 0 581'100 74 2"'I 3S THIS DOCUMENT INCLUDES A SECURITY SCREEN ON RACK OF THE CHECK EiI - ,1 TOWN OF WAPPINGER TOWN CLERK • SUPERVISOR CHRIS MASTERSON CHRISTOPHER J.COLSEY TOWN COUNCIL WILLIAM H.BEALE VINCENT BETTINA MAUREEN McCARTHY TOWN CLERK'S OFFICE JOSEPH P.PAOLONI 20 MIDDLEBUSH ROAD September 16, 2009 WAPPINGERS FALLS, NY 12590 (845)297-5771 FAX:(845)298-1478 B&K Excavation, Inc. 4 Talbot Dr Pleasant Valley, NY 12569 Re: Rockingham Farms — Section I & II Concrete Curb Replacement Project Contract No. 01 Dear Diane: Pursuant to the Advertisement for Bids for the above referenced project, your $50.00 deposit is being returned. We are enclosing your deposit check #9856 for full refund on this project. Sincerely, Yqhn C. Masterson own Clerk JCM/cf THOMAS GLEASON INCORPORATED Water/Sewer Repair-Utility Installation-Rock Removal- Excavating-Trenching 42 McKinley Lane Poughkeepsie,NY 1.2601. Phone: 845-454-3730 Fax: 845-454-4556 Email: gleasonestimating(ii)choiceonemail.com Family(awned and Operated Since 1948 Company:_ I $ � � ��' G"( a-k��). late: To: r .�.. � P� ., ti,.a Phone: Comments, c(dw,dt) R 61ze . . < , If you have any questions please call the Estimating Department: From: Ed Lamando x-102 Thank you. �Brian Nealy x-108 This transmittal has a total of / pages excluding cover sheet. Bent BY: MORRIS ASSOCIATES; 8454731962; Jul-15-09 1 :32PM; Page 1 /1 ADDENDUM N-0.1 CONSTRUCTION BID AND CONTRACT FOR TOWN OF WAPPINGER ROCKINGHAM Farms — Section I & 11 CONCRETE CURB REPLACEMENT PROJECT JULY 133 2009 NOTE; This Addendum forms a part of the contract ontract documents. Acknowledge receipt of this addendum in the appropriate location on the bid, 7he following: information or modifications: to the Construction Bid and Contract for the f tockingharn Farms—section I & 11 Concrete Curb Replacement Project is being supplied by the Eingineer as a result of questions raised by contractors or consultants. The Contractor *hall be responsible to provide horn e owners one (1) full days notice when work will cross their driveways. Thereby allowing them time to remove their vehicles from their driveways, prior to the start of construction, In conversation with the DiAtchess County Department of Public Works, a Highway Work Permit will bee-required for this project as the contractor will probably be occupying the nght-of�way, if only temporarily to complete this project, Therefore, it will be the responsibility for the contractor awarded the bid to obtain the necessary permit(s). The locations of the curb to be replaced has been marked out in the field with white point. The contractor awarded the bid will be required to coordinate with CAMO PoltUtion Control as CAMO w0l be replacing water services in the areas of the curb replacement. CAMOwill work ahead of the contractor- Upon completion of CAM's work they will backfill their trench, but it will be the responsibility of the contractor to install the asphalt as part of their work. ldocumenls%T Wappingena W2009\w2O9O3 Rockingham Sect 1 II ADD #1 7-13-09,doc Sent By: MORRIS ASSOCIATES; 8454731962; Jul-15-09 2:50PM; Page 2/8 ADDENDUM N0.2 CONSTRUCTION .BID AND CONTRACT .FOR TOWN OF WAPPINGER ROCKlNGHAM .Farms — Section i & II CONCRETE CURE REPLACEMENT PROJECT JULY 15, 2009 NOTE: This Addendum forms a. part of the contract documents. Acknowledge receipt of this addendum in the appropriate location on the bid. Th a following information: or modifi-cations to the Construction Bid and .Contract for the . Rc ckingharn Farms= Section F& 11 Concrete Curb Replacement Project-is being supplied by the Er gineer as a result of questions raised by contractors or consultants. Q estion: Add-endum. #1 ,y Part 4 water Services. Based on addendum the contractor is to have the: asphalt restoration for CAMO in the base bid. How many services and what size is the excavation? 'There is no indication on plans as to the approx. square footage what would be necessary to restore. Response- The contract6r/bid.der shall provide a square foot price for the placement of the asphalt -bass and.: top to match details) in the areas of the water service trenches.. Attached.to this Addendum is a revised Bid Form to be used in lied of the form contained within the Bid. Contract. EA ocuments\T VY3ppingehg w2oo91vY20903 Rockingham Sect I&IIIADDENDUM#2 7-1.5-09-doc t By: MORRIS ASSOCIATES; 6454731962; Jul-15-09 2:50PM; Page 118 MA MORF`11S ASSOCIATES 'ENGINEERING CONSULTANTS, PLLC 9 Elks:Line;.Poughkeepsie,..New York 12601 Tel.-,(846).454-3411 Fax: (845) 473-1962 ACSI1�►IIL COVER SHEET . S ND TO: From: Mike Make Takacs _,....�_.. Ekt: 53 . ... . ,� F Number. Phone Number_ Urgent ❑ Reply ASAP ❑ Pfease Comment _ Piease Review `a'For Y61ur Information ❑.As Requested T al pages, including cover sleet zr -I COMMENTS. E. aumentz\FormsNfaxin r d,doc Sent By; MORRIS ASSOCIATES; 8454731962; Jul-16-09 12:57PM; Page 111 ADDENDUM NO.3 CONSTRUCTION.81D.AND CONTRACT FOR TOWN OF WAPPINGER ROCKINGHAM fARMS - SECTION-1.& II CONCRETE CARR REPLACEMENT PROJECT JULY-16, 2009 OTE: This Ad'dondum forms a part of the contract documents- Acknowledge receipt of this addendum in the appropriate location on the bid. T ie following .information or modifications to the construction Bid and contract for the ckingharn Forms—Section I & II Concrote curb Replacement.Project is being supplied by the gineer as a result of questions raised by contractors or consultants. estion: Who saw cuts the trench?tf contractor does saw cut please provide footage. (this refers to trench for water service replacement) ponce; CAMO will.saw cut their own trench. uestion: Will CAi1 O backfill with 1-4 and contractor to scratch out 6"to instatt new binder and top? sponse: Yes. uestion: What square footage of Asphalt Replacement is the contractor supposed to figure for replacement'? sponse: The was handled in Addendum#2 where the contractor will provide a square foot cost. WocumPnts1T Wappingeft W20NW20M Rockingham Sect 18 lMODENDUM 03 7-18-09.doc TOWN OF WAPPINGER ROCKINGHAM FARMS — SECTION I & 11 _. CONCRETE CURB REPLACEMENT PROJECT CONTRACT NO. 01 BID FORM THE TOWN RESERVES THE RIGHTTO REJECTANY ORALL 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 , (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, the Rockingham Farms Section I & 11 Concrete Curb Replacement Project, Town of Wappinger, as required by and in strict accordance with the plans, specifications and all other documents relating to Contract No. 01 , for the prices stipulated and as shown on this bid form. Name of Bidder: (Individual, Partnership, Corporation or LLC)* * Circle applicable word 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 SIGNATURE ADDENDUM NO. 1 ADDENDUM NO. 2 ADDENDUM NO. 3 ADDENDUM NO. 4 - 16 - j r_,u JUL 2 7 2009 BID BOND '"DW CLERK KNOW ALL MEN BY THESE PRESENTS: that * Thomas Gleason Inc as Principal; and ** Hartford Fire Insurance company as Surety, are hereby held and firmly bound unto the Town Board, Town of Wappinger, New York in the amount of: 5Z of attached bid dollars $ 5% 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 21st day of July 2009 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 Rockingham Farms Section I & 11 Concrete Curb Replacement Project for the Town of Wappinger, New York, as shown and specified in Contract No. 01. NOW THEREFORE, (a) If said Bid snail 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- - 23 - (SEAL) PRINCIPAL *Insert Bidder's Name Thomas eason Inc "Insert Surety's Name By Patrick Gleason, Vice-Presidnet Signed, sealed and delivered in the presence of (Corporate seal of Contractor if a corporation) Thomas Gleason Inc Contractor Sy Patrick Gleason, Vice President Hartford Fire Insurance Company By Carmella M Grassi (Titl OffiCer) Attorney-in-Fact (Corporate seal of Surety) Attest (Title of Officer) - 24 - STATE OF NEW YORK ***SEE AMCHED ACKNOWLEDGMM*** ss: COUNTY OF W„ ) 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 individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC I -.j ACKNOWLEDGMENT OF PRINCIPAL - IF A CORPORATION STATE OF NEW YORK COUNTY OF Ulster . .On this ........21at;............... ...........day of .......JI ................ .2009before me personally appeared Glea$on,,,,,,,,,,,,,,,,,,,,,;,,,,,,, ,,,,,,,,,,,,,,,to be known, who, being by me duly sworn, did depose and say; that he/she resides at........... that he/she is theVice- President of .........Thomas Gleason Inc .............. ..............the corporation described in and which executed the within insurance instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by the Board of Directors of said corporation; and thl 0101f�f� corporate thereto by like order, NatQu Pfid in UisterCounty Reg. No. 4719731 . ...... . ........................ Commission Expires Dec.31-20. ACKNOWLEDGMENT OF PRINCIPAL - IF INDIVIDUAL OR FIRM STATE OF NEW YORK COUNTY OF } ss On this ....................................................day of........................... ......... before me personally appeared ................................................................................................to me know to be (the individual) (one of the firm of.................................................................), described in and who executed the within instrument and he/she thereupon acknowledged to me that he/she executed the same (as the act and deed of said firm). ACKNOWLEDGMENT OF SURETY COMPANY STATE OF COUNTY OF } ss Ulster On this ...July„2t,...2.009................... before me personally came ......CarmellaM Grassi to me known, who, being by me duly sworn, did depose and say; that he/she resides in ICing$ on, NY that he/she is the Attorney-in-Fact of the rtford ...ire..Insurance Company........................................... the corporation described in which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has, pursuant to Section 1111 of the Insurance Law of the State of New York, issued to .....HartfordFire. Insurance Company................................... his/her certificate of qualification evidencing the qualification of said Company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting and approving it as such; and that such certificate has not been revoked. KATHLEEN A. BaowN Notary Public,State of New" ..... � ry ..... ..................... Ulster Qualified in County Nota Public Rag, No. 4719731 // Commission Expires Dec.31. 20 ` o Direct inquiries/Claims to: POWER OF ATTORNEY THE HARTFORD SON D,T-4 P.O.BOX 2103,690 ASYLUM AVENUE HARTFORD,CONNECTICUT 06115 call,888»266-3488 or fax.860-757-5835) KNOW ALL PERSONS BY THESE PRESENTS THAT: en Code: 1 b 51041B 0 Hartford Fire insurance Company,a corporation duly organized under the laws of the State of Connecticut Q Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut Q Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana 0 Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois Hartford insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut(hereinafter collectively referred to.as the'Companies')do hereby make,constitute and appoint, up to the amount of UNLIMITED JOHN P. O'SHEA, FRANK S. MARANTO, JR. , KEVIN A. VIANA, MARY ANN SZCZYPCA, TIMOTHY RYCHCIK, KATHLEEN A. BROWN, JOHN R. PELUSE, CARMELLA M. GRASSI, ELEANOR MENGES OF POUGHKEEPSIE, NEW YORK their true and lawful Attomey(s)-in-Fact, each in their separate capeolty if more than one is named above, to sign its name as surety(les)only as delineated above by®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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 or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003,the Companies have caused these presents to be signed by its Assistant Vice President and its corporateseals to be hereto affixed,duly attested by Its Assistant Secretary.Further,pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. iMyi - :�eis��i.i f„ � �•/t+M► �#47Y � iYX�� 3!S! �4 � � J�rJ�wyti • i4inri h�a' . Paul A.Sergenholtz,Assistant Secretary David T.Akers,Assistant Vice President STATE OF CONNECTICUT SS, Hartford COUNTY OF HARTFORD On this 4th day of August,2004,before me personally came David T.Akers, to me known,who being by me duly sworn,did depose and .say:that he resides in the County of Hampden, Commonwealth of Massachusetts;that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument,that he knows the seals of the said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ,r. Scott E.Paseks Notary Public CERTIFICATE My Commission Expires October 31,2007 1,the undersigned,Assistant Vice President of the Companies,DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of 0.7/21109 - Signed and seated at the City of Hartford. y rli�.yti� • hu•sS 'rr•W' { W? Gary W.Stumper,Assistant Vice President POA2005 Hartford Fire Insurance Company Hartford, Connecticut Financial Statement, December 31, 2008 (Statutory Basis) ASSETS LIABILITIES U.S. Government Bonds ................ $ 117,910,785 Reserve for Claims $ Bonds of Other Governments ........... 237,203,342 and Claim Expense......... 7,020,232,322 State,County,Municipal and Reserve for Unearned Premiums..... 2,056,346,836 Miscellaneous Bonds ......... 12,049,123,830 Reserve for Taxes;License Stocks .......................... 5,795,780,851 and Fees ...................... 68,61.8,203 Short Term Investments ................ 264,042,242 Miscellaneous Liabilities ............. 2,816,958,276 $ 18,464,061,050 Total Liabilities ...................... $ 11,962,155,637 Real Estate ............................... $ 112,146,840 Capital Paid In $ 54,740,000 Cash ....................................... 117,780,180 Surplus .......... 12,436,717,229 Agents'Balances(Under 90 Day...... 2,740,719,641 Other Invested Assets ................... 581,187,308 Surplus as regards Policyholders... $ 12,491,457,229 Miscellaneous ............................ 2,437,717,847 Total Liabilities,Capital Total Admitted Assets................. $ 24,453,612,866 and Surplus ................. $ 24,453,612,866 STATE OF CONNECTICUT COUNTY OF HARTFORD ss. CITY OF HARTFORD M.Ross Fisher,Assistant Vice President, and Patricia A.Murrone,Assistant Secretary of the Hartford Fire Insurance Company, being duly sworn,each deposes and says that the foregoing is a true and correct statement of the said company's financial condition as of December 31,2008. Subscribed and sworn to before me this 30th day of March 2009. Y t �iRi:•" "b�rw M.Ross Fisher,Assistant Vice President Nora M.Stranko Notary Public My Commission Expires March 31,2013 Patricia A.Murrone,Assistant Secretary Form CS-19-37 HF Printed in U.S.A. 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. - 22 - CERTIFICATION OF NON-COLLUSION BY BIDDER No bid will be considered unless this Certification remains attached to and is submitted with the Bid By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief: (1) The prices in this bid have been arrived at independently, without collusion, consultation, communication, or agreement for the purpose of restricting competition as to any matter relating to such prices, with any other bidder or with any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not knowingly been disclosed bythe bidderand will not knowingly be disclosed by the bidder, directly or indirectly, to any other bidder or to any competitor, before the time of the bid opening. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition_ A bid shall not be considered for award nor shall any award be made where (1), (2) and (3) above have not been complied with; provided however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where (1), (2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the 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. (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 _. - 26 - 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. affirm these statements under penalty of perjury. BIDDER'S SIGNATURE: DATE. - l- Cil - 27 - DIVISION 300 CONTRACT - 28 - 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) He/She has carefully examined and fully understands all of the parts of the 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, 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) He/She is not in arrears to the Town Board upon debt or contract and is not a defaulter as surety, contractor, or otherwise upon any obligation to the Town Board, Town of Wappinger. (f) All work shall be completed within the time allotted, from the date specified in the Notice to Proceed or set by the contract documents, mailed to the undersigned by registered mail with return receipt requested to the legal address of the bidder as indicated on his/her bid. (g) If the bid documents contain any unlawful provision not an essential part of the bid and which shall not appear to have been a controlling or material inducement to the making thereof, the same shall be deemed of no effect and will upon notice by either the Owner or the bidder be deemed stricken from the bid documents without affecting the binding force of the remainder. (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 parry, the bid documents shall forthwith be physically amended to make such insertion. - 17 - (i) That he/she 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) That the facts stated in his/her bid and the information given by him/her are true and correct in all respects. (1) That he/she is fully informed regarding all the conditions affecting the workto 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. BID FOR CONTRACT WORK: BASE BID: The Bidder proposes to perform the work required in accordance with the contract documents for the lump sum of: (Words) (Figures) UNIT PRICE BID: The Bidder proposes to perform the work required in accordance with the contract documents for the unit price bid per lineal foot of: (Words) (Figures) Note: The Unit Price Bid will be used to adjust the Base Bid price up or down as a result to the actual lineal footage of concrete curb replaced. - 18 - Also made a part of this bid is the attached documentation per Division 140, Article C.3. Sign Bid Here AUTHORIZED SIGNATURE Print Name Title Official Company Name (Individual, Partnership, Corporation, LLC)* Circle applicable word Company Mailing Address STREET CITY STATE ZIP CODE Federal Employer Identification No. Telephone No. Fax No. - 19 - (If bidder is a corporation, fill in the following blanks.) Organized under the laws of the State of: Name and Address of President: Name and Address of Secretary: Name and Address of Treasurer: (If bidder is a Limited Liability Company, fill in the following blanks.) Organized under the laws of the State of: Name of Manager or Managing Member: Agent for Service of Process: Address for Service of Process: - 20 - STATE OF NEW YORK } ss: _ COUNTY OF ) 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 individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC I - 21 -