Town Hall Boiler Replacement Project
TOWN OF WAPPINGER
TOWN HAll BOilER REPLACEMENT PROJECT
BID FORM
THE TOWN RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS. EACH BID FORM
SHALL BE ACCOMPANIED BY BID SECURITY (AS DESCRIBED IN THE INSTRUCTION
TO BIDDERS).
TO THE TOWN BOARD, TOWN OF WAPPINGER, NEW YORK
Pursuant to and in compliance with your invitation to bid contained in the Notice to
Contractors dated Septcm W ,2.QOq ,
(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 Martz Field - Tennis Court
Reconstruction Project, Town of Wappinger, as required by and in strict accordance with
the plans, specifications and all other documents, for the prices stipulated and as shown on
this bid form.
Name of Bidder:
t lnc.
ual, 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:
ADDENDUM NO.1
ADDENDUM NO.2
ADDENDUM NO.3
ADDENDUM NO.4
DATE
q /lip /oq
SIGNATURE
_VJ~
In consideration of, and to induce the award of this contract to him/her, the bidder
represents and warrants that:
- 16 -
(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 party, the bid
documents shall forthwith be physically amended to make such insertion.
(i) That he/she is financially solvent and sufficiently experienced and competent
to perform the work.
- 17 -
(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.
(I) 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:
$ EI'tJ'nT'I S',~ \hOl-\,:>un~ f>,\le.. \-\L\n~,ec\. 9c,\\u.r~
(Words)
$
30.500,00
.
(Figures)
rlECEIVED
SEP t 7 2009
'"f')''''N CLIEP''''
- 18 -
Also made a part of this bid is the attached documentation per Division 100, Article C.3.
Vf~
AUTHORIZED SIGNATURE
~'lnCel1t ~USSO
Sign Bid Here
Print Name
Title
~t~dut{
Official Company Name ft~~~~iJ~t:rSh~:,C~orporation, LLC)'
* Circle applicable word
Compan-y Mailing Address
S~JISb~\(~ Mills
CITY
4
lake Rood
~
STREET
l2S ~ 1
ZIP CODE
STATE
Federal Employer Identification No. JO .3011540
Telephone No. ~45} yq~ ~ \005
Fax No. ~~S) ~q~ - I/PI
- 19 -
(If bidder is a corporation, fill in the following blanks.)
Organized under the laws of the State of: NtW .~or k
VI nC{n~ ~U))O
WatktitJ~tnJvillc }Jj /(m~
~ lrlCtl\t ~JSO
WoWiinrv'lle ~~ loqq~
Name and Address of President:
11 ~tn
Name and Address of Secretary:
l~ ~w~ Rd
Name and
\II f\ C e.. ("\ -\ ~ L-\ ':) ".:> ()
\ '\ Ve-,'~ Cre.e\<.. ~a~(A,:>~\no-\()f\'Il.\ \\e- tJ" \DC'~L
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 C:X-AC~~=f J
~., ~
On the \"\ day of .. Ce-< ~, before me, the
l
undersigned, a Notary Public in and for said State, personally appeared ~n \- ',2\....\ s.:s.C::l
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.
ROSE-MARIE LEE
Notary Public. State of New York
No.01LE6018825
Qualified in Dutchess County
------C~ Expires June 29, ,2011
< ~:~='~
- 21 -
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 -
BID BOND
KNOW ALL MEN BY THESE PRESENTS: that
*
as Principal; and
**
as Surety, are hereby
held and firmly bound unto the Town Board, Town of Wappinger, New York in the amount
of: Dollars $
for the payment whereof Principal and Surety bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
Signed this
day of
20
WHEREAS, the condition of the above obligation is such that, whereas the Principal has
submitted to the Town Board a certain bid, attached hereto and hereby made a part hereof,
to enter into a contract in writing for the Town of Wappinger Town Hall Boiler Replacement
Project for the Town of Wappinger, New York, as shown and specified.
NOW THEREFORE,
(a) If said Bid shall be rejected, or in the alternate
(b) If said Bid shall be accepted and the Principal shall execute and deliver a
contract in the Form of an Agreement attached hereto (properly completed in
accordance with said Bid) and shall in all respects perform the agreement
created by the acceptance of said Bid, then this obligation shall be void.
Otherwise, the same shall remain in force and effect, it being expressly
understood and agreed that the liability of the Surety for any and all claims
hereunder shall, in no event, exceed the amount of this obligation as herein
stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said
Surety and its bond shall in no way be impaired or affected by any extension of the time
within which the Principal may accept such bid; and said Surety does hereby waive notice
of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and
seals, and such of them as are Corporations have caused 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
*1 nsert Bidder's Name
**Insert Surety's Name
By
Signed, sealed and delivered
in the presence of
(Corporate seal of Contractor
if a corporation)
Contractor
By
By
(Title of Officer)
(Corporate seal of
Surety)
Attest
(Title of Officer)
- 24-
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
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 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.
I affirm these statements underv:;;-y of perjury.
BIDDER'S SIGNATURE: . f2---
1'/?-6Q
DATE:
- 27-
J~
MORRIS ASSOCIATES
ENGINEERING CONSULTANTS, PLLC
... 9 Elks Lane, Poughkeepsie, New York 12601 Tel: (845) 454-3411 Fax: (845) 473-1962
D 389 Fairview Avenue, Hudson. New York 12534 Tel: (518) 828-2300 Fax: (518) 828-3963
E-Mail: morrisassociates@aol.com
J,
TOWN OF WAPPINGER
TOWN HALL
BOILER REPLACEMENT PROJECT
TOWN OF WAPPINGER
~~c'"
}
" ,~
'\~ ~/~ ~(
~ ~
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Notice to Proceed
To: Perfect Comfort, Inc.
4 Lake Road
Salisbury Mills, New York 12577
Notice to proceed for the above referenced contract is hereby given. The date of the .
\
notice is: October 28. 2009.
Contract time is 60 days from the notice to proceed. The required date of completion is, .
therefore: December 26.2009
Signed by:
Robert J. Gray
Engi r to the Town
DATE /~ "20 .OCj
ee. Christopher Colsey, Supervisor
John C. Masterson, Town Clerk
Albert Roberts, Esq., Town Attorney
E:\documents\T Wappinger\a W2008\W20B03.01 Boiler Replacement\Notice to Proceed 10-20-09.doc
_u OCT-15-2009 THU 02:44 PM VERGILIS,STENGER,ROBERTS
FAX NO. 8452982842
p, 01/02
GERALD A. VERGlLlS"
I\.E~NETJ-I.M. STENGER
ALBERT P. ROBERTS
THOMAS R DAVIS
STEPHa E. OlAMO"SD"""'"
JOI\N F. GARRETT."
VERGILlS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
ATTORNEYS AND COUNSEWRS AT LAW
1136 ROl:TE 9
WAPPINGERS FALLS, NEW YORK 11590
(&45) 298-2000
FAX (&45) 298-2842
OF COUNSEL
KAREN MucNlSH
LEGAL I-S<;ISTANTS
A\1Y E. DECAR.LO
MARIA 1... JONES
SANDRA A. OAKl...EY
SARAH SAl.JSBURY
www.vsrp.com
e-mail: info@vsrp.com
CLOSI~G COORDINATOR:
SUSAN E. CAfFNE
KEVIN T. MeDERMOTI
ANGEL I. FALC6N
ANTHONY \.1. DEFAZIO."
JAMES P. HORAN'''....
LISA M. COBB
MELLEN O'SULLlVAN
POCGIiKEEPSIE OFFICE
276 MAJ:'Il MALI.
POUGHKEEPSIE, NY 12601
(M5)4S2-1046
NEWBVRGH OffiCE
372 FULLERTON A VENUE
NEINBURGH, NY 12550
(1l45) 567-3783
"!\DMllTEOTO PRACTICE
r.-1 NY & FlA
"'ADMITrI,O TO PRACTfCf.:
IN NY (.; CONN
... ADMITrEU TO PRACT1CS
IN"!Y & ~J
."'"ADMJTI'I':j) TO PRACT1CR
'" NY. FL & ?viA
October 15,2009
Via Facsimile 845-297-4558
Ron. Christopher J. Colsey, Supervisor
To\\'ll of\Vappinger
20 Middlebush Road
Wappingers Falls, New York 12590
(\t:CE\VEv
1 1 5 '2009
Re:
Town Hall Boiler Replacement
File No. 12951.0992
-;1\'''1 (;1 J=r
Dear Chris:
1 am in receipt of original Perfomlance and Payment Bonds issued by Western Surety
Company bearing Bond No. 70808622 on behalf of Perfect Comfort, Inc. and in favor of
the Town of Wappinger in the sum of $86,500.00.
I am also in receipt of a faxed copy of an Acord Certificate of Liability Insurance issued
by Hunter Insurance Services, Inc. identifying the insured as Perfect Comfort, Inc.
through NGM Insurance Company in the amounts of $1,000,000.00 for General Liability,
$500,000.00 for Damage to Rental Premises, $10.000.00 for Medical Expenses,
$2,000,000.00 for General Aggregate, $1,000,000.00 for Automobile Liability for
Combined Single Limit and $5,000,000.00 for ExcesslUmbrella Liability.
I have also been supplied with a Certificate of Insurance for Worker's Compensation in
the statutory amount of $1 00,000.00 issued through State Farm Fire and Casualty
Company.
1 have reviewed the above noted documents and approve them as to form and determine
that they comply with the requirements of the contTact and the procedures of the Town of
0:\ WilPllinSeAToWIl l3oanl\Town Hall Boiler Repllloomcnill tl1509 Bond Approval Leller.dc.c
OCT-15-2009 THU 02:44 PM VERGILIS,STENGER,ROBERTS
FAX NO. 8452982842
P. 02/02
Page 2
Wappinger. I further find that they are properly executed in accordance with New York
Law.
Please arrange for a contract signing as soon as possible and notify this office of the time
and place. 1 \\Iill deliver the original documents at that time. After the conrract is signed,
the originals of these doc1.lI11ents, together with the original contract, should be delivered
to the Town Clerk fOT filing in the contracts file for future reference.
Please contact me if you have any further questions.
VelY tmly yours,
VERG~~GER. ROBERTS. DAVIS & DIAMOND, LLP
ALBERT P. ROBERTS
APRlso
cc: HOll. John C. Masterson, Town Clerk (Fax 298-1478)
Robert J. Gray, P.E., Town Engineer (Fax 473-1962)
Perfect Comfort, Inc. (Fax 497-1006)
~"cE.\\lt:Lt
j~t::
o C\ '5 1\)ulj
,"''\\ (;1 J::r
O:\Wappinger\'J'oWl1 [lOll-rd'l'{"uwn HaJI Llailer Replaccl11ent110150'l Bond Approval LCUculoc
MORRIS ASSOCIATES
ENGINEERING CONSULTANTS, PLLC
fl9 Elks Lane, Poughkeepsie, New York 12601 Tel: (845) 454-3411 Fax: (845) 473-1962
o 389 Fairview Avenue, Hudson, New York 12534 Tel: (518) 828-2300 Fax: (518) 828-3963
E-Mail: morrisassociates@aol.com
J~
September 23,2009
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
r{ECE'\lE.\J
,.-r? 1 3 1\)\\~
:)C
-n'I\IN ClER"
Attn: Christopher Colsey
Town of Wappinger Supervisor
RE: Town of Wappinger
Town Hall Boiler Replacement
! Dear Supervisor Colsey and Town Board:
On September 17, 2009, the Town of Wappinger received two (2) bid proposals for the above
referenced project; the breakdown of these bids is as follows:
Perfect Comfort......... ... ...... ... ...$86,500.00
Mechanical Southeast...... ... ...... $88, 196.00
This office has completed our review of tl:1e bid proposals for the above referenced project. The
apparent low bidder is Perfect Comfort of Salisbury Mills, NY, with a total bid of $86,500.00.
Morris Associates has worked with Perfect Comfort on numerous projects and has found their
work to be acceptable and it is our opinion that Perfect Comfort is qualified to perform the proposed work
required for this project. All portions of the bid prepared by Perfect Comfort appear to have been
correctly executed. Based on the above, this office recommends award of the noted contract bid to
Perfect Comfort for the amount of $86,500.00
If you should have any questions regarding the above, please contact me at 454-3411 ext. 30.
Very truly yours,
MORRIS ASSOCIATES
~;r4
Engineer to the Town
RJG\cb
Cc: Albert P. Roberts, Esq, (via email)
Perfect Comfort, (via e-mail)
John Masterson, Town Clerk, (via email)
I
COF.~
.. . I
2009-298
Resolution Awarding Bid for Replacement of Town Hall Boiler
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on
September 28,2009.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
Christopher J. Colsey
William H. Beale
Vincent F. Bettina
Maureen McCarthy
Joseph P. Paoloni
ABSENT:
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Supervisor Colsey.
WHEREAS, by Resolution adopted on the 10lh day of August, 2009, the Town Board adopted a
Resolution authorizing the issuance of $90,000.00 Bonds to pay for the demolition of existing boiler and
the installation of two new boilers at the Town Hall; and
WHEREAS, bids and specifications were prepared by Robert 1. Gray of Morris Associates,
Engineer to the Town, for the work required for the demolition of existing boiler and the installation of
two new boilers at the Town Hall; and
WHEREAS, bids were duly solicited for the work to be done in connection with the demolition
of the existing boiler and the installation ofthe two new boilers at the Town Hall; and
WHEREAS, the following bids were received:
Companv Total
Perfect Comfort $86,500.00
Mechanical Southeast $88,196.00
WHEREAS, by letter dated September 23,2009, from Robert 1. Gray, of Morris Associates,
Engineers to the Town, it has been determined that the lowest responsible bidder is Perfect Comfort, with
a bid in the amount of $86,500.00.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set forth and
adopted herein.
2. The Town of Wappinger hereby awards the bid for the demolition ofthe existing boiler
and the installation of two new boilers at the Town Hall to Perfect Comfort in the amount
of $86,500.00.
3. In accordance with the authorized bid specifications, the Town Board hereby authorizes
the Supervisor to execute the contract documents as prepared by Morris Associates,
including the Notice of Award and Notice to Proceed, and forward a copy to Perfect
Comfort, after the Attorney to the Town has confirmed that Perfect Comfort has duly
executed the contract documents, has supplied the necessary Performance Bond and
Payment Bond and has provided insurance certificates. all as otherwise required by the
bid specifications.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
WILLIAM H. BEALE, COUN CILMAN
VINCENT F. BETTINA, COUNCILMAN
MAUREEN McCARTHY, COUNCILWOMAN
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
AYE
AYE
AYE
AYE
Dated: Wappingers Falls, New York
9/28/2009
The Resolution is hereby duly declared adopted.
Ql (1~
JOHN C. MASTERSON, TOWN CLERK
U
PERFECT COMFORT, INC.
4 lAKE ROAD
SALISBURY MillS, NY 12577
PROVIDENT BANK
50-7044/2219
No. \ V:l.opC:JlDD
ERTiFIE
PAYA8LE ONLY tIS ORIGiNALLY DRAWN
AND WHEtI PROPEf,L Y ENDORSED
pnO~)jD2~'~T BANJ( $
ii:mn~BELLC'.N\' , **4,325.00
'-Five and I~ U~~~li~~~ I I I I L******************************* A
DOllARS l.!J
2616
9/17/2009
PAY TO THE
ORDER OF Town of Wappinger
Four Thousand Three Hundred Twen
Town of Wappinger
T own Hall
20 Middlebush Road
Wappingers Falls, NY 12590
~f'
L---
. -
M'
Contract Bid Package MA#W208(
III 0 0 2 b .. b III
CERTIFICATION CODE
I: 2 2 . q 7 0 ~ L. 3 I: 00 7 b 2 0 0 . 2 b 0 L. III
DO NOT REMOVE THIS LABEL.
PERFECT COMFORT, INC.
2616
Date
9/17/2009
Town of Wappinger
Type Reference
Bill
Original Am!.
4,325.00
9/1 7/2009
Balance Due Discount
4,325.00
Check Amount
Payment
4,325.00
4.325.00
Provident Bank
Contract Bid Package MA#W20803.0]
4,325.00
~ y j,s.,)O~ t2v.S \0
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Pou!lhkeep5ie Journal
Poughkeepsie, N. Y.
wn: :::;lA VIT OF PUBLICATION
tered with and iIll-
proved by the ,New
York statetCommis.
sioner of Labllr'in 'ac.
cordance with Article
23 of the New.Wol:k
State labor, law.
Contractor ,would
need to follow 'the pro.
visions of the Town
Apprenticeship train.
ing Program at all
times fora!1Yproject
with a bid of $500,000
or more.
All 'proposals.shallbe
- made, and received
, upon the -'following
'conditions, which are
more fully ,set forth in
the bid documents:
1. Only, such, propOs.
alsJlSar.e made and
filed upon the forms
available in the office
of the Town Clerk will
be accepted.
2. Proposals are to be
enclosed ina sealed
envelope.
3. Each proposal
must be accompanied
bya certified check in
the sum of five per-
cent (5%) of the
ount bid, payable
NOTICE TO BIDDERS to the order of the
NOTICE IS ,HEREBY Town,of Wappinger,
: GIVEN that the Town or a bOQdwith suffi-
+aoard;41f .4/:ie.~- ,,' " Clenr:5ureTtes;""lii-lle
I wapPlngermvltesapprOvedby the Su-
I sealed ~ropo sa, IS, for perv,i,sor"." as Chief f,i-
the furnishing of all nanctal> Officer, In
materials -and, Jabor such amount, condi.
necessary for. the tioned that if the pro.
Town of W~pp Inger posal is accepted, the
Town Hall.Boller " . Re. bidder will ,enter into a
p1acel!lent ,ProJect'c.ontract ,for the same
Wapplng~rs 'Falls, N~w and will ,provide ac-
York. ThiS Cqntract In- ceptable security, in
clud~~ ~rawlngs ,and the form of cash, cer-
specificatIOns, . ,pre. tified check or pertor.
p!lred by MOrrt~ As~o- mance bonds, or let-
I clates Engineering ters of credit, as set
Consultants, PLLC, 9 forth ,in the ,contract
E!ks', Lane,poug~keep- :documents,forthe
S1e;;NY,126l!1' 'There faithful "performance
willpeaMA.NDATORY of the contract, within
pre.bld meeting and IS days from'the ac-
site visit to be held on ceptance of tl1.e pro-
September 3, 2009 at, posal. ., '
10:00 a.m., 4. Pursuant to the
All such sealed pro. provisions of GML 105,
posals must be reo no bids may be with.
'1:l!ived by the Town drawn unless no con-
Clerk at the Town Hall, tract is awarded for
20 ~iddlebush Road, more than 45 days aft.
'Wappmgers Falls, NY er the opening there.
, 12590 on or before of Upon such proper
12:00 Noon, 5epte.m- withdrawal of bid, the
b~r 17, 2009. The qlds deposit shall be forth.
Will be publicly with returned. After
opened . and read award of the contract,
aloud wl~h the con- all bid deposits or oth.
tract being aW!lrded er bid bonds except
as soon as practicable that of the successful
thereafter. bidder will be re-
Copies of the pro- turned.
posed ~ontra.ct docu. 5. Upon acceptance
,ments, Includl~~ I!lans of the bid, if 'the suc-
and specifications, cessful bidder fails to
and the forms of pro- enter into a contract
posals for t.hecon-pursuant tothere.
:trac~, ar~ avall~ble for quirements of said
public inspectIOn at Town Board or fails to
t~e Tow~ Clerk's. of- give the further. sec~'
flce during bus mess rity prescribed In thiS
ilours,- . Monday hI\+:"'l:'> . .....1+h;" . tho H,..,.o.
State of New York
County of Dutchess
City of Poughkeepsie
Rita Lombardi,
of the City of Poughkeepsie,
Dutchess County, New York, being duly sworn, says
that at the several times hereinafter mentioned he/she
was and still is the Principle Clerk of the Poughkeepsie
Newspapers Division of Gannett Satellite Information
Network, Inc., publisher of the Poughkeepsie Journal, a
newspaper published every day in the year 2009 in the
city of Poughkeepsie, Dutchess County, New York, and
that the annexed Notice was duly published in the said
newspaper for
nnf> in~prt-inn
successively, in each week, commencing on the
?Rt-h
day of Auq. in the year of 2009
on the following dates thereafter, namely on:
and
And ending on the
day of
III
the year of
;1~
. ',2,jJX
Subscribed and sworn to before me thi~ ~ day
O!~in the year of 2009 c
~ 'IJ i/~Jrry
',-Yotary Public
My commission expires if/30 /13
, both days inclusive.
\
ELIZABETH A F,c.RKAS
NOTARY PUBLIC, State of New York
No.01FA4844793
Qualified in Dutchesi CountY
Commission Expires 13(, /t"'?
I f
TOWN OF WAPPINGER
TOWN HALL BOILER REPLACEMENT PROJECT
BID FORM
THE TOWN RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS. EACH BID
FORM SHALL BE ACCOMPANIED BY BID SECURITY (AS DESCRIBED IN THE
INSTRUCTION TO BIDDERS).
TO THE TOWN BOARD, TOWN OF WAPPINGER, NEW YORK
Pursuant to and in compliance with your invitation to bid contained in the Notice to
Contractorsdated~ '""Z....e ~,
(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 Town of Wappinger Town Hall Boiler
Replacement Project, Town of Wappinger, as required by and in strict accordance with
the plans, specifications and all other documents, for the prices stipulated and as shown
on this bid form.
Name of Bidder:
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
~~--,(X ~ ~
ADDENDUM NO.1
ADDENDUM NO.2
ADDENDUM NO.3
ADDENDUM NO.4
C\\~'S\\S\
In consideration of, and to induce the award of this contract to him/her, the bidder
represents and warrants that:
ADDENDUM NO.1
CONSTRUCTION BID AND CONTRACT FOR
TOWN OF WAPPINGER
FOR THE TOWN HALL BOILER REPLACEMENT PORJECT
SEPTEMBER 15, 2009
NOTE:
This Addendum forms a part of the contract documents. Acknowledge
receipt of this addendum in the appropriate location on the bid.
The following information or modifications to the Construction Bid and Contract for the Town of
Wappinger Town Hall Boiler Replacement Project is being supplied by the Engineer to clarify
the bidding process.
Attached is a revised page 16 of the Contract Book which is to replace the one in
the book.
C:\Users\twhalenlAppData\Local\Microsoft\Windows\T emporary Internet Files\Content.Outlook\KA VJZSSWIADDENDUM #1 9-15-
09 (2).doc
TOWN OF WAPPINGER
TOWN HALL BOILER REPLACEMENT PROJECT
BID FORM
THE TOWN RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS. EACH BID FORM
SHALL BE ACCOMPANIED BY BID SECURITY (AS DESCRIBED IN THE INSTRUCTION
TO BIDDERS).
TO THE TOWN BOARD, TOWN OF WAPPINGER, NEW YORK
Pursuant to and in compliance with your invitation to bid contained in the Notice to
Contractors dated ~ 2.. '0 , z..o..::R ,
(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 Martz Field - Tennis Court
Reconstruction Project, Town of Wappinger, as required by and in strict accordance with
the plans, specifications and all other documents, forthe prices stipulated and as shown on
this bid form.
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
In consideration of, and to induce the award of this contract to him/her, the bidder
represents and warrants that:
- 16 -
(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.
(I) 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:
$ f;\~\\l--tA 't:t~~~~~.
, (Words)
Be,) ,qlD.CO
(Figures)
c.x--e- h\....rY' l~~
Y\\ n~ -S'X:C-td IDvS
~ ~rs.
$
- 18 -
Also m::en :~da:::ethiS bu~~~:n 100,:0Ie C.3.
ORIZED RE
Print Name u..:)\\\....~r...A.:3. ~~~'L,-sr-
Title -Y>-re~t::>~
Official Company Name
CU<2.P
LLC)*
Company Mailing Address 5b~ ~ ~A-\~
STREET
~eL06~ ~""'y
CITY STATE
Federal Employer Identification No. D'-cs- \~ \~L\'\::J\o
Telephone No. b-\~- &,0.- '?5\Q~
Fax No. - f\.JIPr -~,\'. ~~\rreCh.~
~\1Z:-C~
\~\:)~
ZIP CODE
- 19 -
(If bidder is a corporation, fill in the following blanks.)
Organized under the laws of the State of: \l.....::)~ y ~
Name and Address of President: \.A.>.\y, ~-.:s, ~ ~SC-
eo 6~ ~ :b:-euJ~~ , ~"'( ,~~
\), Le.. \::v-es.\\:::)~'.
Name and Address of bOCrot:Jry: \.A..:) , \,"' ~ ~, -e-~Se.-
<::::>e-- ~o.:\~~-J'c..l ~~T-e-/L)N" ,~
Name
and
Address
of
Treasurer:
'\...:)-~ ~ LO-'de-
(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
COUNTY OF ~
ss:
~
On the \1 day of ~~~) ~~ , before me, the
U,;::;, \ VI
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.
.~~
CRYST/It L. cmlPAO
Notary .~; '~. ""'l!,"ii'hw York
'I"~ i:: a
0"3' ;,'j jnm County
CommiSSion '::\~'i1!S f\uJuSI 20. A~(J
- 21 -
CERTIFICATION OF NON-COLLUSION BY BIDDER
No bid will be considered unless this Certification remains attached to and is submitted
with the Bid
5UJn.~ me.c~~c.A'rt- ~.
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 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 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 penalty of perjury.
BIDDER'S SIGNATUREC~
DATE: Q\\\\O~
- 27-
tiECEIVED
SEP 1 7 2009
BID BOND
'rf)'NN ClERv
f(i\JO\/V ALL MEN BY ESE PRESE[\)TS that
* Southeast Mechanical as
Utica Mutual Insurance Company
as S
t:
unci unto tr-Ie TOvVtI
of W;:.1i~Jpln~Jer, f\je\;v YOlk in
El rT)() U ill
of five percent of bid amount Do:lars
tor the paYlnent whereof Principal cmd Surety bind ourselves, our heirs, executors
aclrninistrators successors a assiDns, Jointly and severally, firmly by
c:
'-!
17th
(jay of ____?(O!Qtember _______________ 20 -----.Jl~__
V\jIIEF~E/-\S, the condition of the above obligation is such that, whereas tne
submitted tC) tile Board a certair1 t)id, attached !iereto and hereby made a
to enter into C3 contract in writin{) the Town Wappinger Town Hall Boiler Replacement
Waapi f\!ew as and specified_
0J
Bid shall be rejected or In alternate
if said Biel shal! be accepted the PnnclOal shan e>(8cute a d "I
contract in the Form of an J\greement attached hereto (properly cornpleted i
accordance with said Biel) and shall in all respects perform the reernent
created by the acceptance said Bid, then this obliCiation s
Otr-,ervvise, sarne in force and effect, it
understood and agreed that the liability of the Surety for allY and all claims
, in no event, exceed the amount of this obligation as n
stat(9d.
The Surety, for value received, hereby stipulates and agrees that the obligations
Surety and bond shall in no way be impaired or affected by any
does
IN VV WHEREOF, the Principal and the Surety have hereunto set their
seals, them as are Corporations have caused their Corporate seals to
hereto affixed and these presents to be signed by thelr proper officers, the day a
first set above.
1')")
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insert 8iddor's !'JarT1f3
Insert
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if' the presc;nce
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it ;co
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(Corporate seal of
Surety)
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Southeast Mechanical Corp.
Contractor
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Utica Mutual Insurance Company
By._ J~~--
mmm~::: Nosal, AttY_i~_fac(Title of (5fficer)
Atlest~(~ &~
Averia DeBose Assistant (Title of Officer)
- 24-
S T,6,T I\J
COUNTY o;::~
\ c-"
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On
\~
Cjay
Q~~~~~.
before rne,
uilcierslg
. e) f\Juta Pu
in dnci r said Stelle, oor.';ona
"..~.:h\',~-.3' ~~,-:sr
personally K,nown to me or proved to :Tle on the basis of satisfactc)I'Y evidence Ie [)2 [he
ind
narne is subscri
to the within instrument
10 rne that
he
the sarne In his capac:ity, clnd that by his signature or, the [(I
ua. or
person upon behalf of which the individual
insmn:ent
~2?'~
CRVSTA,L L CONRAD
Notary PuhllC, Stilt3 of New York
No. 01 C()!; 970813
Qualified in : ',Jtn"lrT1 Count~
Commission Explr'Js August 20, U
CONSENT OF SURETY
We, the undersigned, UTICA MUTUAL INSURANCE COMPANY a corporation organized and existing the laws of the
State of NY and authorized to do business in the State NY
with offices at UTICA, NY do hereby consent and agree with TOWN OF WAPPINGER
that if the foregoing proposal of SOUTHEAST MECHANICAL CORP.
for TOWN HALL BOILER REPLACEMENT PROJECT, W APPINGERS FALLS, NY
be accepted and the contract be timely awarded and executed by SOUTHEAST MECHANICAL CORP.
we will, upon its being so awarded and entered into, become surety for the said SOUTHEAST MECHANICAL CORP.
in a sum not to exceed ONE HUNDRED PERCENT OF BID AMOUNT
Dollars ($
for the faithful performance of said contract.
Signed, sealed and dated this 17TH
day of SEPTEMBER
2009.
ACKNOWLEDGEMENT OF SURETY
State of New Jersey]
I-ss
County of Passaic ]
On 9-17-2009, before me personally came LISA NOSALto me known, who,
being by me duly sworn, did depose and say that she is an attorney-in-fact of UTICA
MUTUAL INSURANCE COMPANY the corporation described in and which executed
the within instrument; that she knows the corporate seal of said corporation, and that the
seal affixed to the within instrument is such corporate seal, and that she signed the said
instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of
Directors of said corporation and by authority of this office under the Standing
Resolutions thereof.
My Commission expires:
~jy~
Notary Public
AVERIA I DEBOSE
NOTA!';'! PU't"LlC
STATE OF r: :'., .rTG':Y
NY cm,~M!SSION EXl'IRES :.~[,.~:CH 22, 2011
THE FACE OF THIS DOCUMENT HAS A BLUE BACKGROUND - NOT A WHITE BACKGROUND THE BACK OF THIS DOCUMENTO
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UTICA MUTUAL INSURANCE COMPANY
NEW HARTFORD, NEW YORK
EXPIRATION DATE September 30, 2010
POWER OF ATTORNEY
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Know all men by these Presents, the UTICA MUTUAL INSURANCE COMPANY,
as a New York Corporation, having its principal office in the Town of New Hartford, County of Oneida, State of New
York, does hereby make, constitute and appoint Michael S. Culnen, Pamela J. Boyle, Lisa Nosal, Robert E. Culnen
all of Totowa, New Jersey
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its true and lawful Attorney(s)-in-fact in their separate capacity if more than one is named above to make, execute,
sign, seal and delivery for and on its behalf as surety and as its act and deed (without power of redelegation) any and
all bonds and undertakings and other writings obligatory in the nature thereof (except bonds guaranteeing the payment
of principal and interest of notes, mortgage bonds and mortgages) provided the amount of no one bond or undertaking
exceeds Four Million & 00/100********************* Dollars ($ 4,000,000.00*** ).
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The execution of such bonds and undertakings shall be as binding upon said UTICA MUTUAL INSURANCE
COMPANY as fully and to all intents and purposes as if the same had been duly executed and acknowledged by its
regularly elected officers and its Home Office in New Hartford, New York.
This Power of Attorney is granted under and by authority of the following resolution adopted by the Directors of
the UTICA MUTUAL INSURANCE COMPANY on the 27th day of November, 1961.
"Resolved, that the President of any Vice-President, in conjunction with the Secretary or any Assistant Secretary, be and they are
hereby authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as its acts, to execute and acknowledge for
and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity and all other writings obligatory in the nature thereof,
with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be binding upon the
Company as if they had been duly acknowledged by the regularly elected Officers of the Company in their own proper persons.
"No Therefore, the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney by a
facsimile, and any such Power of Attorney bearing such facsimile signatures or seal shall be valid and binding upon the Company."
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SecLtary
STATE OF NEW YORK }
COUNTY OF ONEIDA
UTICA MUTUAL INSURANCE COMPANY
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Vic resident
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On this 26th day of August, 2005, before me, a Notary Public in and for the State of New York, personally came
DANIEL D. DALY and GEORGE P. WARDLEY to me known, who acknowledged execution of the preceding instrument
and, being by me duly sworn, do depose and say, that they are Vice President and Secretary respectively of UTICA
MUTUAL INSURANCE COMPANY; and that the seal affixed to said instrument is the corporate seal of UTICA MUTUAL
INSURANCE COMPANY; and that the said corporate seal is affixed and their signatures subscribed to said instrument
by authority and order of the Board of Directors of said Corporation.
In Testimony Whereof, I have hereunto set my hand at New Hartford, New York, the day and year first above written.
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.f) I, GeorQe P. Wardlev , Secretary of the Utica Mutual Insurance Company do hereby z
~ certify that the foregoing Power of Attorney executed by said Utica Mutual Insurance Company and the above- ~
i- quoted Resolutions of the Board of Directors adopted November 27, 1961 are still in full force and effect. l>
~ In Witness Whereof, I have hereunto set my hand and affixed the Seal of the said Corporation at New Hartford, ~
3 New York, this 17th day of Septefnber ,20~. ~
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-.:10 3~V::I 3H.L M31^ O.L 31~>NV .LV 010H - >fl:lVl/IJl:I3.LVM lVI~I::II.Ll:IV NV SNn1J.NO:) .LfIl3I/1Jn~OO SIH.L ::10 >f:lV8 3H.L ONno:O
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UTICA MUTUAL INSURANCE COMPANY
FINANCIAL STATEMENT AS OF DECEMBER 31,2008
ASSETS
US. Governmental Direct Guaranteed Bonds
All Other Bonds
Stocks
Mortgages
Cash and Short-Term Investments
Equities & Deposits in Pools and Associations
Premiums in Course of Collection
Interest Due and Accrued
Other Admitted Assets
Total Admitted Assets
$ 103,451,686
1 458,624,236
196,690,274
o
30,027,028
7,349,813
137,074850
18,310,941
194,353,056
$ 2,145,881,885
LIABILITIES AND SURPLUS
Reserve for all Losses
Unearned Premiums
Reserve for Claim Expenses
Dividends
Taxes Accrued
Federal Income Tax
Amounts Withheld on Account of Others
Provision for Reinsurance
Miscellaneous Accounts Payable
Total Liabilities
$ 777.058,471
265.655,893
234.964.949
13.747.054
4.364.018
o
10.934.027
23457,797
91.875.926
$1,422,058,135
Surplus Funds
Dividend Reserve
General Voluntary Reserve
Special Contingent Surplus
Divisible Surplus
Surplus as Regards Policyholders
Total
$
4,268.853
1.500.000
1.700000
716,354.898
STATE OF NEWYORK
COUNTY OF ONEIDA ss:
$
723.823,751
2,145,881,885
Brian P Lytwynec, President & COO of the UTICA MUTUAL INSURANCE COMPANY, New Hartford, New York, being duly
sworn, says that he is the above described officer of said Corporation, and that on the 31 st day of December, 2008, all of the
assets shown above were the absolute property of the said Corporation, free and clear from all liens or claims thereon except
as above stated, and that the foregoing statement is a full and true exhibit of all assets and liabilities of the said Corporation
at the close of business December 31,2008, according to the best of his knowledge, information and belief.
Subscribed and sworn to before me the 16th day of March, 2009.
~ada.AJ
Notary Public in the State of New York
Appointed in Oneida County
My Commission Expires April 30, 2010
8-B-50 Ed. 03-2009
Attest
~~~
President & COO
~ V>. \J~
Secretary
MORRIS ASSOCIATES
J ~ ENGINEERING CONSlH.TANlS. PLLC
i19 Elks Lane, Poughkeepsie, New York 1260 1 Tel: (845) 454-3411 Fax: (845) 473-1962
0187 Church Street Poughkeepsie. New York 12601 Tel: (845) 471-7900 Fax: (645) 471-7901
0389 Fairview Avenue, Hudson. New VOli< 12534 Tel: (518) 828-2300 Fax: (518) 828-3963
E-MaU: mon1sassocIates@aoI.com
November 25,2009
Town of Wappinger
20 Middlebush Rd.
Wappingers Falls, NY 12590
Attn: Christopher Colsey
Town of Wappinger Supervisor
RE: Town of Wappinger
Town Hall Boiler Replacement
W20803.01
Dear Supervisor Colsey and Town Board:
On November 11, 2009, this office conducted a final inspection of the boiler
units that were installed by Perfect Comfort, Inc. At the time of the inspection, the
installation was found to be in substantial conformance with the design plans and
specifications as prepared by this firm. Therefore, we have no further concerns
relative to this installation or to the Town issuing a Certificate of Occupancy.
If you should have any questions regarding the above, please contact me at
(845) 454-3411 extension 30.
RJG\dm
Cc: Albert P. Roberts, Esq. (via email)
Perfect Comfort, (via email)
John Masterson, Town Clerk, (via email)
E:\documents\T Wappinger\a W2008\W20803.01 Boiler Replacement\11-25-09 T-Wapp-Final Boiler Units Inspection.doc