Rockingham Farms-Section I&II Concrete Curb Replacement
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ROCKINGHAM CURB REPLACEMENT
MANDATORY PRE-BID MEETING
JUL Y 13, 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(THU) 10:51
'"
CONSTRUCTION DATA CORP SYRACUSE (FAX)888 232 9941
P.OOl/OOl
((news
RECEIVED
JUL 2 3 2009
TOWN CLERK
Construction Data Company
Nicholas Clarke
Public Reporter
251 Salina Meadows Parkway
Syracuse. NY 13212
Suite 180
Phone 888-232-9940
Ext" 2013
FAX 888-232-9941
nelorke@cdc:news.com
Town of Wappinger
Dole: 07J23109
Fox: (845)298-1418
o uRGeNt
o FOR REVIEW 0 PLEASE COMMENT
X PLEASE REPLY
FOIL ~EQUEST 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 Contractors who have obtained bidding
documents for the following project
Rockingham Farms Curb Replacement
Due July 27, 2009
Thank You Very Muchlll
Nicholas Clarke.
Public Reporter
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CHANGE
ORDER
OWNER
ARCHITECT
CONTRACTOR
FIELD
OTHER
AlA DOCUMENT em)}
II
1iI
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PROJECT: TCMIl of Wappinger
(name, address) Rockingham Farms Curb Rep1acelrent
TO CONTRACTOR: 'Ihcm3s Gleason, Inc.
(name. address) 42 M:K:inley lane
Poughkeepsie, NY 12601
CHANGE ORDER NUMBER: 1
DATE: 9-17-09
ARCHITECT'S PROJECT NO: W2cro3
CONTRACT DATE:
CONTRACT FOR:
The Contract is changed as follows:
OJange to specifications for concrete curb at. three intersections with Co1.lIlty roads. Curbs shall
be constructed to Ireet Dutchess County Dap:3I1:IIEnt of Public Works standards. Olange is for 218 Linear
feet pfcurb. See attached dOCUIIEIlt frem'Iharns Gleason, Inc.
Not valid until signed by the Owner, Architect and Contractor.
The original (Comract Sum)~) was. . . . . . . . . . . . . . . . . . . . . . . . $
Net change by previously authorized Change Orders . . . . . . . . . . . . , . , . . . , . . . , , . . , . . . . S
The(ContractSum)(~priortothisChangeOrderwas......... .J.
The (Comract Sum) (C~) will be (increased) (decreased)
(unchanged) by this Change Order in the amount of . . . , . , . , . , . . . . . . . . , . . . . . . . . . $
The new (Cammct Sum) (Guaranteed Maximum Price) including this Change Order will be .. $
The Contract Time will be (M~) (~) (unchanged) by
The dale of Substantial Completion as of the date of this Change Order therefore is
123,::ro.OJ
o
123,::ro .OJ
3,270.00
126,770.00
( -) days.
NOTE: Thi~ summary doe:s not reflect changes in the Contracl Sum, Contract Time or Guarallleed Maximul1l Price: which h;I'.'C:' hC(:'1) ;lUlhori7.cd Ill'
Construction Change Directive.
'IhCllBS Gleason. Inc.
CONTRACTOR
42 M:::K:inley lane
Address
Poughkeepsie, NY 12601
MJrris Associates
~
9 Elks lane
Addres~
Poughkeepsie, NY 12601
B~bf~j
DA TE Y. -' .CJf
Tawn of Wapp:inger
O\~2Cfmdd1ebush Rd.
Ad(Wtippingers Falls, Ni-l259J- -.----
BY~,,~~~Q
DAn~-d-~-C8 _
BY
DATI' ____.__ ..... _....
AlA DOCUMENT G701 . CHANGE ORDER · 1987 EDITION . AlAI!> . @1987 . nu:
AMERICAN INSTITUTE OF ARCIJITECTS, J'7.'~ NEW YORK AVE, N.W., \VASIifNGTON, D,C. 2000(,
G701-1987
Sent By: MORRIS ASSOCIATES;
8454731962;
Jul-15-09 2:51PM;
Page 3/8
. . TOWN OF WAPPINGER .
ROCKINGHAMFA.RMS- SECTION 1& II
CONCRETE CURB REPLACEMENT :PROJECT
CONTRACT NO. 01
B'DFOR~
RECEIVED
JUl 2 7 2009
TOV'/N ClER!'\
E TOWN RESERVE;S THE RIGHT TO REJECT ANY OR ALL BIDS. EACH BID FORM
ALL BE ACCOMPANIED BY BID SECURITY (AS DESCRIBED IN THE INSTRUCTION
BIDDERS).
THE TOWN BOARD, TOWN OF WAPPINGER, NEW YORK
suant to and in compliance with your invitation to bid contained in the Notice to
ntractors dated
(month)
(day)
(year)
. th undersigned hereby .proposes to furnish aU labor, machinery, equipment, facilities,
to Is, transportaticm, supplies, materials;.. insurarices, permits, certificates,tests,
gu rantees, protection of equipment and property and life during construction; as Well as
co patent and qualified supervision for aU phases of the work, and other facilities and
. thi gs necessary or proper for or incidental to, the Rockingham Farms Section I & "
C crete Curb Replacement Project, Town o.f 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 stipulated and as shown on this bid form.
e of Bidder: . G tR'PlSo;v I A.tC ._
(Individual, Partnershi Corporatio or LLC)"
* Circle applicab e word
. Th undersigned d$clares that the bidding and contract documents have been carefully
.. ex mined and that all things necessary for the completion of the work shall be provided.
eipt of the following addenda is hereby acknowledged:
ENDUM NO.1
ENDUM NO.2
ENDUM NO.3..
ENDUM NO.4
DATE
?f 3j()q
1//5/dl
1!//;ltfl.
, ,
-16 -
Sent By: MORRIS ASSOCIATES;
8454731962;
Jul-15-09 2:51PM;
Page 4/8
.. In nsideration of,dandto induce the award of this contract to him/her. the bidder
. re resents and warrants that:
(a)
(b)
(c)
(d)
(e)
Ifthis bid is accepted by the Town Board, Town of Wappinger, as evi.denced
by issuance of a Notice of Award by the Owner,.andmailed by registered
ma'il withretum receipt requested to the address of the bidder as indicated
on hislher bid I the bidder will execute a contrad on the form of agreement
herein provided and will comply with aU provisions of said Notice of Award.
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.
He/She has carefully examined and fully understands all of the parts of the
cOntract documents, and thatheJshe will execute the contract and will
completely perform it in strict accordance with the provisions thereof for the
sum set forth on the bid.
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, orto
work or labor to which it relates,or in any portion ofthe profits thereof.
He/She is riot in arrears to the Town Board upon debtor contract and is not a
defaulterss 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 N()tice. to Proceed or set by the contract documents, mailed to the
undersigned by. registered .n1aU.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
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 inthe bid documents shall be deemed to be inserted hereira and the
bid documents shall be read and enforced as though.it were included herein;
and if through mistake or otherwise any such provi$ion is not inserted or is
not correctly inserted, then Lipon the application 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;
(i) That h~/sheisfinancially solventand sufficiently experienced and competent
to perform the wotk.
. .
0) The work can be performed as caUed for by thep!i>posal and that the. plans
and specifications are in allrespec1s suitable and adequate for the work.
(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.
FOR CONTRACT WORK:
Bidder proposes to perform the work required in accordance with the contract
uments forlhe lump sum of:
$
.\\
U IT PRICE BID:
T e Bidder proposes to perform the work required in acoordance with the contract
d cuments for the unit price bid per lineal foot of:
$~
o ,..
$
(Figures)
N te: The UnifPriceBidwiU be used to adjust the Base Bid price up or down as a result.
t the actual lineal footage of concrete curb replaced.
. -18-
Page 5/8
No~C()--
Sent By: MORRIS ASSOCIATES;
8454731962;
Jul-15-09 2:51PM;
Page 6/8
.. Th Bidder p roposes to install asphalt paving (Base and Top course) within the areas of
.. th water service trenctie~ in accordance with the contract documents for the unit price
. bi per square foot of:
$
o
~
$
'i\, (d,. 60
(WOrds)
~P.
(Figures)
AI 0 made a part oHhis bid is the attached document tion per Division 100, Article C.3.
Sign Bid Here
Print Name lo..~\O... ~(\f::J!sr'~~0 \ \
Title ('O~.S&..
Official Company Name
Company MamngAddress
fo U(; IIl<ffPSlc
CITY ..
L/~ N~ K(t.JL~ tA-~
J }v STREEt
(VI I d-WI
STATE ZIP CODE
Federal Employer Identification No. / tf - 1l..f3 g 7 Cj 3
l/N- 373c
llSv- ~)Sb
8z-/j -
M\-.
Telephone No.
Fax No.
-19 -
Sent By: MORRIS ASSOCIATES;
8454731962;
. (If idder is a cOrporation; fill in the following..blanks.)
Jul-15-09 2:52PM;
Or anized under the laws of the State of:
MEt.J ~IU(
Na e and Address of President:
L, Gu~.sojV
A1Y
eandAddressofSecretary: LAulllJ GLcJq~ON- K:AJULt.
fho~ IJ Y
N e
and
Addre.ss
UJtJn;9 r; Uc-rJ50JJ- /~,.;()U-
of
idder is a Limited Liability Company, fill in the following blanks.)
anized under the laws of the State of:
me of Manager or Managing Member: .
nt for Service of Process:
. A dress for Service of Process:
- 20-
Page 7/8
Treasurer:
Sent By: MORRIS ASSOCIATES;
8454731962;
Jul-15-09 2:52PM;
Page 8/8
.. S TE OF NEW YORK
C UNTYOF~"
)
ss:
On the ;)1.. . day of -==s- \.) \ \....l , before me, the
, , , '.' \.. .
ersigned, a Notary Public in and for.said State, personally appeared LctuvCl- L~() (\ tMl \
sonally known to maar proved to me on th~ basis of satisfactory evidence to be the
ividual whose name is subscribed to the within instrument and acknowledged to me that
executed the same in his capacity, and that by his signature on the . instrument, the
ividual, or the person upon behalf of which the individual acted, executed the
71 Jl ( Oq .
,----- -- -"
ImTARYPtJBIjc STATE &. NEWYORK
No. 0lNE6081072
CERl'.lFICATE FILED DUTCHEss COUNTY
COMMISSION EXPIRES 9-30-20.l 0
NOTARY PUBLIC
~ 21 ~
MORRIS ASSOCIATES
ENGINEERING CONSULTANTS, PLLC
.9 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 18, 2009
Town of Wappinger Town Board
Town Hall
20 Middlebush Road
Wappingers Falls, NY 12590
Attn: Hon. Christopher Colsey, Supervisor
RE: Rockingham Farms - Section I & II
Curb Replacement Project
Change Order #1
~E.CE.NE.O
.,~nn
#..... rl ~ ; ,,;\.l::J
Dear Mr. Colsey and Town Board Members:
,c-r)\I\IN ClEP;
Enclosed please find a copy of the AlA Document G701 entitled Change Order. The purpose of
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, Carroll
Drive and All Angels Hill Road and Scott Drive and Old Hopewell Road. The difference in 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, a" at the top. Town is a" 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,
RJG/met
Enc.
Cc Albert Roberts, Town Attorney
John Masterson, Town Clerk
>\
MORRIS ASSOCIATES
ENGINEERING CONSULTANTS, PLLC
uk 9 Elks Lane, Poughkeepsie, New York 12601 Tel: (845) 454-3411 Fax: (845) 473-1962
Ei 389 Fairview Avenue, Hudson, New York 12534 Tel: (518) 828-2300 Fax: (518) 828-3963
E-Mail: morrisassociates@aol.com
j~
September 18, 2009
T own of Wappinger Town Board
Town Hall
20 Middlebush Road
Wappingers Falls, NY 12590
tiECEIVELJ
SEP 2 1 2009
;OWN CLER'~
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 $24,700.00 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,
RIS ASSOCIATE
ineering Consulta
'~obert J. Gray,
Engineer to the
RJG/met
Ene.
Cc ~Ibert Roberts, Town Attorney
.; John Masterson, Town Clerk
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Statement Of Compliance
Date: 9/14/09
I, Laura Gleason-Knull
do hereby state:
1. That I payor supervise the payment of the persons employed by THOMAS GLEASON INC. on the Rockingham project;
that during the payroll period commencing on the 6th day of September and ending on the 12th day of September., all persons
employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or
indirectly to or on behalf of said from the full weekly wages earned by any person
and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible
deductions as defined in Regulations, Part 3(29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended
(48 Stat. 948.63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 D.S.C. 276c), and described below:
2. That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the
wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination
incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work performed.
3. That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a
State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, united States Department of Labor, or ifno
such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, united States Department of
Labor.
4. That:
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS
In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll,
payments of fringe benefits listed in the contract have been or will be made to appropriate programs for the benefit of such employees,
except as noted in Section 4 (c)below.
X (b) WHERE FRINGE BENEFITS ARE PAID IN CASH
Each Laborer or mechanic listed in the above referenced payroll has been paid as indicated on the payroll, an amount not
less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the
contract, except as noted in Section 4 (c)below.
EXCEPTIONS
(Craft) EXCEPTION EXPLANATION
David Cole $1.60 hr Health Ins paid by employer - Single
$1.60 hr Health Ins paid by employer - Single
Alfonso Giunta $2.50 hr Health Ins paid by employer - Family
$2.50 hr Health Ins paid by employer - Family
David Janukajtis $1.60 hr Health Ins paid by employer - Single
$2.50 hr Health Ins paid by employer - Family
$2.50 hr Health Ins paid by employer - Family
Name and Title: Laura Gleason-Knull Corp Sect'y Signature:~ ~ C\l'In~ IA"A/ -:-.l\ (\
~ T
THE WILFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF
TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE
"
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Statement Of Compliance
Date: 9/8/09
I, Laura Gleason-Knull
do hereby state:
1. That I payor supervise the payment of the persons employed by THOMAS GLEASON INe. on the Rockingham project;
that during the payroll period commencing on the 30th day of August and ending on the 5th day of September., all persons employed
on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to
or on behalf of said from the full weekly wages earned by any person and that no
deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as
defined in Regulations, Part 3(29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat.
948.63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and described below:
2. That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the
wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination
incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work performed.
3. That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a
State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, united States Department of Labor, or ifno
such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, united States Department of
Labor.
4. That:
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS
In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll,
payments of fringe benefits listed in the contract have been or will be made to appropriate programs for the benefit of such employees,
except as noted in Section 4 (c)below.
X (b) WHERE FRINGE BENEFITS ARE PAID IN CASH
Each Laborer or mechanic listed in the above referenced payroll has been paid as indicated on the payroll, an amount not
less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the
contract, except as noted in Section 4 (c)below.
EXCEPTIONS
(Craft) EXCEPTION EXPLANATION
$1.60 hr Health Ins paid by employer - Single
$1.60 hr Health Ins paid by employer - Single
$2.50 hr Health Ins paid by employer - Family
$2.50 hr Health Ins paid by employer - Family
$1.60 hr Health Ins paid by employer - Single
$2.50 hr Health Ins paid by employer - Family
$2.50 hr Health Ins paid by employer - Family
Name and Title: Laura Gleason-Knull Corp Sect'y Signature:~ ~Qs\ ~o f\
)
THE WILFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACrOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF
TITLE 18 AND SECTION 23 I OF TITLE 3 I OF THE UNITED STATES CODE
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87/82/2887 13:48
8452977214
COHPTROLLER
P;;GE 81/131
TOWN OF WAPPCNQIA. NY
~.o. Box 324, Mlddrebueh Road
Wapplngers Falls. N.Y. 12590
~urctl&u
Orde, No,
DO NOT W~/rc'N THIS SOX
I
C/.A1MANT'S
NAME Il.ND
Il.DO~e!lS
THOMAS GLEASON, INC.
42 ;',;c,~::iLEY lANE
POUGHKEEPSIE, NEW YORK 1260'
-,
DAII VCI\IcIlar ~el'w,d I
FUND. APPROF'RIATfON AMOU~T
:
I
I
I
I
I
I
I
TOTAL I
I
ABSTRACT NO. I I
PURCHASE OROER Be VOUCHER
r
L
-1
TE~M8
t--J€\
30
lleNOOi=i'S Ror" . "'"
'-"'- \ "'-'<..> l-+ A "--\.
~eF.NO,
:tl.,
I
DAres QUANTITY DESCFUFTION OF MATe~IALS OR seRVICES UNIT PRice i AMOUNT
Or/tiel ~ KoelL \~Gl-1AIl--\ r:- AD- N ::> APP L \ c.. A, l O,..J #- ( d311(ro~ (jJ
~ I I I
L TOTAL ), I ~3, LIG:SCC
-- ,
.. -
I, lfu ,)\\..A G\..-e.~..J- 'C,\-...)uv......- Cl!lr!/fylhatlhllsb<weeceounllnll>elllflOunlors ,Q31 '-f~S_Oc..)
Is; lP\n end ~: IMlIhe llema. stM::mI, en~ dl'~"",,",PlIl: Ci'lal'\lOd .....l'lll'8tld.~ lQ Q( for fhe rnunlclPIIllly 01\ 1M dll," Metod: lhal nQ pari hM tl&01\ ~Id C1r OSdBO!ld: lhet Ul~. tn;>m wI1lM 11'11'
-"~;::~~"__'..h~~.~ r~~
OATE j- SIG~':AT"';R; flTLE
I
AP~ROVAL FOR FA YMS/{i
inlc ~I~IM i~ apl'1'OVQcl pole! f...:>1'!'\ lno QPP"'PriQtl"!'I~ ;...c1lost..d ~bove
I
(S~ACe 8El~ FOR MUNIC'~AL USE)
OEPARTMgt'H A-PPROVAf.
The above services or materials we~ rendered, or
furnished to the municipality on the dates stated and the
oharges are correct
DATE
A.UTHORIZED OFFICIAL
LiAn::
""'r-\.! '''''''_~....., I ~_
JM\.
MORRIS ASSOCIATES
ENGINEERING CONSULTANTS, PLLC
/.~~ ~. r;=~ \;,,17
/ ~ ((I \. " \ , 1 .' -' .'
I ,
.9 Elks Lane, Poughkeepsie, New York 12601 Tel: (845) 454-3411 Fax: (845) 473-1962
0187 Church Street. Poughkeepsie, New York 12601 Tel: (845) 471-7900 Fax: (845) 471-7901
0389 Falrview Avenue, Hudson, New York 12534 Tel: (518) 828-2300 Fax: (518) 828-3963
E-Mail: morrisassoclates@aol.com
ROCKINGHAM FARMS - SECTION I & II
CONCRETE CURB REPLACEMENT PROJECT
TOWN OF WAPPINGER
Notice to Proceed
To: Thomas Gleason, Inc.
42 McKinley Lane
Poughkeepsie, New York 12601
HECEIVEU
AUG 2 5 2009
i"1'J\!N CU~p"
Notice to proceed for the above referenced contract is hereby given. The date of the
notice is: AUQust 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
DATE
(~
CC.
Christopher Colsey, Supervisor ./
John C. Masterson, Town Clerk
Albert Roberts, Esq., Town Attorney
E:\documenls\TWappinger\a W2009\w20903 Rockingham Sect I & lI\Nolice to Proceed 8-21-09.doc
_' _.___ AUG- 2 4 - 20~~ M.~N 1~: 1 ~}M-'y'ERG I LI S, STENGER I ROBERTS
FAX NO. 8452982842
P. 01/01
GP..RALD A. VBROlLlS.
KENNETH M. STeNGER.
ALBERT P. ROBERTS
THOMAS R. DAVIS
STEPHEN E. DIAMONO.....
JOA-N Po GARRETT"
VERGIUS, S1'ENGER, ROBERTS, DAVIS & DIAMOND, LLP
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
WAPPINGERS FALLS, NEW yoRK 12590
(845) 298-2000
FAX (845) 29'-2842
www.vsrp.com
e.mail: info@vsrp.com
OF COUNSEL;
KAREN MacNlSH
LEGAL ASSlSTANrS:
AMY E. DECARLO
MARIA L. JONES
SA-NORA A. OAKLEY
C\..OSINCi COORDlNATOR:
SUSAN E. eAff-INP.
KEVIN T. McDERMOTT
ANGl~L I. FALCON
ANTHONY M. OHAl.IO".
JAMBS P. HORAN".
LISA M. COBa
M. El,.LEN O'SUL\..IVAN
'/lDMITl1ID TO PRAcnCR
IN NY &. FLA.
"APMITfIm TO l'ltACl'ICE
Il'lWY&CONN.
... ADMlITf.P TO pj{ACTICE
IN NY & I'll
.... ^1~MITTl'iCl TO PltACI'ICE
lNNY.I'~&M^
POUGHKEf-PSIE OFFICE
276 MAIN MAI.1...
pOUGHKEEPSlE, NY 12601
(MS'l452-1046
NEWBUROl-lOFfICE
199 N. pl.ANK ROAD. SUITE 106
NEWBURGH. NY 12550
(845) 561-3783
Aug'l1st 24, 2009
Via Facsimile 454-4556
Thomas Gleason, Inc.
42 McKinley Lane
poughkeepsie, New York 12601
Attention: Patrick Gleason
RECElVEU
AUG 2 ~ 2009
Re: Town of Wappinger
Rockingham Farms - Section I & II
Curb Replacement project
VSRDD File No, 12951.0484
TOV'!N CU~p'\
Dear Mr. Gleason:
In cormection with the above matter; would you kindly have your insurance carrier
provide a copy of the original endorsement naming the Town of Wappinger as additional
insured?
Very 1rul y yours,
VERGILIS, STENGER, ROBERTS. DAVIS & DIAMOND, LLP
U1.bL\L+ p- L(9 bLLL I (j?tea
ALBERT P. ROBERTS
APRlso
cc: Town Board
Town Clerk
Marshall & Sterling
o:\Wappinger\Town Board\RockiJ\ghlQl\\rnl7.409 k:\lU to Gleasoo.doc
DICTATED BUT NOT PROOF READ BY APR.
tient ~y: MORAIS ASSOCIATES;
8454731962;
Jul-15.09 2:37PM;
Page 3/8
. TOWN OF:,WAPPfNGER
.ROCKfNGHAM:FARMs'.....SECTiOftt 1'& IJ
CONCRETE CURB'REPJ.;AC'EMENT :PR()jeCT
. ..
CONTRACT NO. 01
BJD.-FORM
RECEIVED
JUt 2 7 2009
TOWN ClER~~ .
! T E TOWN RESEAveSTHE RIGHT TO REJ'ECT ANY OR ALL BIDS. EACH BID FORM
: S ALL Be ACCOMPANieD BY BID SeCURITY (AS DESCRIBED IN THE INSTRUCTION
i T BIDDERS).
THE TOWN BOARD, TOWN OF WAPPINGER, NEW YORK
suant to and in compliance with your invitation to bid contained in the Notice to
tractors dated .
(month)
(day)
(year)
! th undersigned. hereby:proposes to. tumlsh aU labor, machine~1 equipment, facilities,
: to~, transpoltatiOn, '.sUppfies, materials;." insurances, permits,: certificates., .tests,
i gu rantees, prOtection .of. equipment and prop8rty and life during: COnstruction; a~ WSiI as
: co petent and quallfMMfsu'pervision for aU'phases of the work,. and other facilities. and
( thl gs ne~ or .proper for or incidental to, the Rockingham' Fai'mS Section I & II
t C crete Curb';'Repfacement P.roject, Town.o.~ WappinGer, as required by and in strict
~ a dance with the;:plana. speclfications.and'.".o~erdoouments retatlngto Contract No.
; 01 for the prices stipulated and as shown on this bid tonn.
eofBidder.: .s ~ e:Xc..Qvo.Tr.' .
(Individual, Partneishi Corporation LLC)-
· C~rcle applies .
: undersig.n8d di;Clares that the bidding and contract docu~nts have been carefully
: ex mined and that all things necessary for the completion of the work shal' be provided.
ipt of the following' addenda is hereby acknOWledged:
EN DUM NO. 1
ENOUM NO. 2
ENDUM NO.. 3..
ENOUM NO.4
DATE
. -, \ J'S/O';
J J/510~
111\&{~
SIGNATURE
~~
"\~
~
.s;;::::.:>
---
c:: ::>
--r
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Sent By: MORRIS ASSOCIATES;
8454731962;
Jul-15-09 2:38PM;
Page 4/8
; In nslderati~ of;:and.to induce the award of this contract to hm/her, the bidder
: re resents and! warrants:that:
(g)
(h)
(a)
IUhis bKt.isjlccepted by the TOWn Board:, ToWn of Wappinger. as evi.denceq
by .issuance of a.Notice of Award by the Owner..and.mal1ed by registered.
mai' With' ~tum receipt req~sted to the addtess. of lhe bidder as indicated
on hislher bid, the bidder will"execute a contract on the form of agreement
herein pro1Jided and wi" compfVwith all'provisions'ofsaid..Notice of Award.
(b)
This bid.is made without any' understanding, agreement or connection with
aily othet. pe~n, firm or COrP~"ation making a bid for the same work, and
that it is in a~1 respect fair and.Without collusion or fraud.
tielShe has carefully examined and fuUy understands all of the parts of the
cOntract dOcuments. an~ that '~e ~II execute the contract and will"
comp~eIy:perform It in strict accordance with the provisions 'thereof for the
sum s8t forth on the bid.
No officer or employee ~ .the Town Board. Town of Wappinger, or any
person whose salary is payable in who'le or in part. by. the Town Board is,
she" be, Of shatto become' interested directly or indirectly as. a contracting'
party;:. partner. ,stockhold8r,.' surety or othefWt&e in this bid or in. the
perfon-nanee of the rontra~ 'or in the supplies, matetials or.equ'ipment; arto
work or labor to which it relates. or in any portion of.the profits thereof.
He/She Is not in arrears to.the Town Board upon debt or contract and is 'not a
d8faulteras surety.. contractor, .or otherwise upon any obligation to the Town
EJoardt Town of Wappinger.
(c)
(d)
(e)
ef)
AU work Shall be completed, wiItrin the time allotted. "from the'date specified. in
the NbtiOtf to Proceed or. set by the contract d.ocuments, mailed to, the
u.ntjersignect by' fegistered . mail. with return receipt reqo8sted to the legal
addreSs'.af.the bidder as indicated on hlsJher bid.
I{ the :bid. dOcuments contain. any unlawful provisiot:' 'not an essential ,;aFt of .
the bid. and which shaN not appear to have been a controlling or material
inducemertt"to the making' thereof, the same shaH be deemed'of no effect
and. will' upOn notice by ..ther. the Owner or the bidder be. deemed stricken
from the bid documents'without affecting the binding force 'of the remainder.
Each :and :every provision' of any law and clause' requi~ by law to be
inserted m:the bid documents.shall.be deem.ed tQ be irnserted herein and the
bid documents shall be read and. enforced 8S though.it were included herein;
and if throtlgh mistake or otherwise any such pr.qVi~ion is not inserted. or is
riot correctly inserted, then 'lipon. the 'app"cation' of" .either party, the bid
doCumenti shall forthwith be. physically amended to make such inSertion.
..: 17-
Sent By: MORRIS ASSOCIATES;
8454731962;
Jul-15-09 2:38PM;
Page 5/8
(i)
That ~1sti8.is financially solvent-and sufficiently. experienced and competent
to. perform tht 'Work.
0)
. .
The wO~ 'can.be performed as.catled for by the'pfQpc)salafl(l.that the.prans
and specmeations are in all.respeds sultable and adequa.te for the work.
That the fatts stated i:n hisiher.bid and the information given by himlher .are
true and correct in all fes.pects. .
That h8Jshe is.fulty mformett-t.siarding an the condition. a~lng the wofkto '
be done and labor and matenats. to be 'furnished .foi the .completion of. this
oontract, .and.that hislher information was secured bY'Personallnvestigation '
and research. .
(k)
(I)
(m)
In the:ev.ent. of a lawsuit. th.' bidder agrees that said suit shall. be filed in the
seme' federal district or county as the location of the' project.
FOR CONTRACT WORK:
Bidder prf)f).o8es'''to perform the work required in accordance with the contract
uments for the lump sum of:
$ O.1f - V)(;1VJdrfc:! ~ nd .. Se vI", '-f ~Qi.'1~",cJ - ~V1V1drf d 'S',xf ,/:FitJ~
(Words) '. ~\,~
$
\LP
2 (oS 00
, (Figures)
T e Bidder pre:,Pos8$'.to per(orm the wdi1<...required in accordance with the contract,
d uments for the 'ur.'Iit price bid per lineal fOot of:
$
~ ~ "1 e....
~\\~
(Words)
$
o L00
(Figures)
N te: The UnifPrice'Bjd..wiH be used to adjUstthe Base Bid price up or down as a resurt .
t the actual lineal footage of concrete curb replaced.
. - 18-
. '. ". . '.:.' " '.. '".. ........ .M_......... _..... , . "........ .,_:._~~"...~.~.~.~..,: ....:.,.{.;..,.,.;...,.., ........;:.::....;.,.:,.:..:.~ ',.
Sent By: MORRIS ASSOCIATES;
8454731962;
Jul.15.09 2:38PM;
T PRICE SID:
! Th Bidder proPoses.to:iristall asphalt paYing '(Base and Top. course) wittlin the areas of.
: th water serviCe trencti. in accordance With 1he contract doCuments for the unit priCe
; bi per square foot of:
:$
S~Jfv'1
~ \ \ti\
(Words)
0\.)
:$
(Figures)
: AI 0 made a pan of-this bid is the attachecHfocumentation per DMsion 100. Article C.3.
Sign sid. Here ~ - ::..-.~
AuTHOAIZED'~GNATURf
Print Name D \ Q V1 V\..f \-\a ,. ~ V'\ oj
Title
. V \ I!.--!
~re~, ~V\+
Official CQmpany,Name
LC)*
laJbTf- 1J',vL
STReEt
NY J2S"&~ .
'STATE ZIP CODE
J Lj , I J 26 '-IU<.
Compa~y MaiQng:Address Lf
f/~:'C1~"'1-f- Jo.J/-/1/ './
CITY . ' / '
FederaLEm~oyer IdentifICation NO.
Telephone No., . 035 .-9 c;:.s5/
Fax No. b 3.5 - 2 3 J.b
- 19-
Page 6/8
Sent By MORRIS ASSO~lAltti;
a....'-J...''"'lwU'",
(If idder Is a cOrpot8tiOn:. fdl in the follOWing',blanks.)
Or aoized under the taws of the State of:
N Q~ YiJr~
N e and Address Of President: lSr; t1V) WcA yt" o~ d I i ---r; I btJi- 'br 'J vie,
~)cw.~a..--.,-t Va,lh 125'(;;
N eandAddressOfSecretary: ~,aY'~ \-\0 rvo~c\ , (( 7; Jb\:sf ~\ve/
\=1W~~T Va' L,,-
N e
'and
Address
of
Treasurer.
idder is a Umited, Liability Company, tiff in the following blanks.)
anized under the lawS of the State of:
N me of Manager Of Managing Mem~r: '
A nt for SeNice of Process:
ress for SeMoe' of Process:
- 20-
Sent By MORRIS ASSOCIATES;
8454731962;
Jul-15-09 2:39PM;
page tJ/tJ
S TE OF NEW YORK' )
~_ I ss:
C UNTY O~.;..Ltfc..,t,<,..s-S )
On the. . ~i . dey 01 ~ .!J?YJ9 ,before me,the. . .
U efSigned, a:Notli'Y Public in and forsaid~- te, personally eppeared }),~" 'lAle ~.eR~
onally known to me 'or proved to me on tt1~ ba$is of satisfactory evidence to be the
in ividual whose name'l.s$ubsCribed to the.wi:th1n instrument and acknowledged-to me that
h executed the same in rns capacity, and that by his signature on .the . instrument.. the
in ividual, or the person - upon behalf of which the individual acted., executed' the
in trument.
C~0'J
/ ~z. ~
NOTARY.PUBlIC . . . .
DEBORAH BJORKMAN
NOTARY PUBLIC, State of New York
Reg# 01BJ5011947
Qualified ill Dutchess County J I
Commission Expires 6/15/20-i+
- 21 -
I
I
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i
II
I
I
II
I
I
I
I
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II
I
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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-
II'
I
.
ill
I
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,
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,
.-;;:I'
BIDDER'S SIGNATURE: L-~ ,~ ~
DATE:
'71 '2 (p Ia1
- 27-
RECEIVED
JUl 2 1 20C~:
TOWN CLERI"
BID BONO
KNOW ALL MEN BY THESE PRESENTS: that
B&K EXCAVATION, INC.
. 4 TALBOT DRIVE. PLEASANT VALLEY. NY 12569
TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA
** 900 WATERVLIET-SHAKER ROAD, ALBANY, NY 12205
as Principal; and
as Surety, are hereby
held and firmly bound unto the Town Board, Town of Wappinger, New York in the amount
of: FIVE PERCENT OF THE ATTACHED BIO--------~~kl~x~ ( 5% OF BI0---------------:--------------1
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~,
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 Fanns 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 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)
~
--Insert Bidder's Name
**Insert Surety's Name
PRINCIPAL
.&K EXCAVATION~C~
By zi-e'~ '_
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 "7~ ~.
BR I Atr HARRAND, PRES I DENT
TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA
(Corporate seal of
Surety)
(Title of Officer) ATTORNEY-I N-FACT
Attest
- 24-
-
..
.'
STATE OF NEW YORK )
) S8:
COUNTY OF DUTCHESS )
On the 27TH day of JULY, 2009 ' before me, the
undersigned. a Notary Public in and for said State, personally appeared BRIAN HARRAND
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 s.ignature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the
instrument.
'.
STEFANtE M. PULVER
Notary Public State of New Vor'
Oualifie~ in Dutch!3S~~[~7.~ 0
Commission Expires l' ,
Cert No Q1PU60
UBLlC
..
"
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 _ ofthe _ 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
COUNTY OF Dutchess
} SS:
STATE OF New York
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. NY that (s)he is the Attorney-In-Fact of the Travelers Casualty
and Surety Company 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 order.
STEFANIE M. PULVER
Notary Public State of New Yorl.
Qualified in Dutches~:ntr
Commission Expires en,,, Ii)
Cart. No 01PU60
Notary Public
County
~
TRAVELERSJ
POWER OF ATTORNEY
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
Attorney-In Fact No.
218380
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 0 0 2 3 4 2 9 7 8
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of 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 , State of New Yark , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named 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 of,guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or al1f~ons allowed by law.
*""....'
IN WITN~rWHEREOF, the Comp~~ave caused this ins
day of
ij:
Farmington Casualty CQI{I.P~~ ., ("
Fidelity and Guaranty(~br~!"f\~ pa..~;.:~."'~
Fidelity and Guaranty Insu~e Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
~
~~
'~.f ~
o
~
State of Connecticut
City of Hartford ss.
25th
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
I!':~~'
vv...... ......1-('1\
:/~,,'OR~1"i\ (f\ \
f3i --- igi
\~~..~:EJI.L/ ~
~.~.,."~~,,b
By:
25th April 2008
On this the day of , before me personally appeared George W. Thompson, who acknowledged himself
to be the Senior Vice President 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 Surety Company of America, 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 on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2011.
58440-5-07 Printed in U.S.A.
'<<\~ c. j~
'- Marie C. Tetreault, Notary Public
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS rNVALlD WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors 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 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 or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, 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 time may remove any such appointee and revoke the power given him 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 any part 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 filed 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 (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their 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, any 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 facsimile 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.
I, 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 Surety Company ofAmericu,<!I1d 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 saidCoInpanies this 27TH day of JULY
,20~.
Kori M. Johans
B
~~
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/;,..... .....V'
f S/~o'#.PDrMr~\ I'" \
I'"' -.- '0;
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\""i;:.~.EA.%~
"-:..ti'....;...-,..+-
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the
above-named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
,
-.
" --
ASS
CASH &. INVESTED CASH
BONDS
STOCK
INVESlMENT INCOME DUE AND ACCRUED
PREMIUM BALANCES
NET DEFERRED TAX ASSET
REINSURANCE RECOVERABLE
OTHER ASSETS
TOTAL ASSETS
STATE OF CONNEC11CUT
COUNTY OF HAATf'ORD
CITY OF HARTFORD
)Ss.
TRAVELERS CASUALTY AND SU~ COMPANY OF AMERICA
HARTFORD. CONNEC11C01' 06163
FINANCIAL STATEMENT AS OF DECEMBER 31. 2008
CAPITAL STOCK $ 8,000,000
$ 146,779.723
MS2,929,381
7.686,626
46.&60,631
303,562,195
40,013,233
12.426,353
86.225,430
$ 4.096.243.572
UNEARNED PREMIUMS
LOSSES
LOSS AOJUSlMENT EXPENSES
COMMISSIONS
TAXES, LICENSES AND FEES
OTHER I!XPeNSES
FUNDS HELD UNDER REINSURANCE TREA llES
CURRENT FEDERAL AND FOREIGN INCOME TAXES
REMITTANCES AND ITEMS NOT ALlOCATED
AMOUNTS WITHHELD I RETAINED BY COMPANY FOR OTHERS
RETROACTIVE REINSURANCE RESERVE
POlICYHOlDER DIVIDENDS
PROVISION FOR REINSURANCE
CEDED REINSURANCE NET PREMIUMS PA VABlE
OTHER ACCRUED EXPENSES AND L1ABILrl1ES
TOTAL lIABILITIES
CAPITAL STOCK
PAID IN SURPLUS
OTHER SURPLUS
TOTAL SURPLUS TO POLICYHOLDERS
TOTAL LIABILITIES & SURPlUS
$ 346,309,219
822.955,804
278,222,182
52,167,066
43,371.400
29.247,064
105,982,816
104,16U80
57,573,235
31,564,808
11,097 ,864
9,605.141
5.452.296
(45,467,530)
11 021928
$ 2.361 :2117:253
S 8.000,000
303,297.402
1425678916
$1l34:976:318
$ 4,(IQl$,243.572
ERIC B. BRUDER, BEING DULY SWORN, SAYS THAT HE IS CHIeF' FINANCIAL OFFICER - TRAVELERS BONO & FINANCIAL PRODUCTS,
OF TRAVELERS CASUALTY AND SURl:TY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEOGE: AND BELIEF, THE FOREGOING
IS A TRUE.,., CORRECT'TA""''''T Of tHE FW_W. COM>moN Of "10 "_AllY AS Of tHE '~B
CHIEF FINANCIAL OFFICER- BOND & FlNANCIAL PRODUCTS
SUBSCRIBED AND SWORN TO BEFORE ME THIS
17th DAY OflAPRIL, 21>09
MARIE ('. TETREAULT
Notary PlIMlc
"'fl' CII/IIl1Ill.\'illlt txpirt'.\' .Il/ft<' .if). 2()1/
JUL/22/2009/WED 07:20 AM
FAX No,
p, 003
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BID BOND
KNOW ALL MEN BY THESE PRESENTS: that
REGE\VEu
JUL 2 7 2009
If)'NN CLEP,~(
~ H.B. WILTSE EXCAVATING, INC.
. as Principal; and
** INTENRATIONAL FIDELITY INSURANCE COMPANY
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 BID------ 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~.
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 & \I 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 i1nd
seals, and such of them as are Corporations have caused their Corporate seals tu LJ6
hereto affixed and these presents to be signed by their proper officers, the day and year
first set forth above.
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JUL/22/2009/WED 07:20 AM
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FAX No.
*lnsert Bidder's Name
**Insert Surety's Name
By
Sjg~ed, sealed and deliver~ \... rY\ '\\ \. _
In the presence of ~"'(j ~~
(Corporate seal of Contractor
if a corporation)
(Corporate seal of
Surety)
.
H.B. WILTSE EXCAVATING,
By
(Title of Officer)
ROSEMARIE A. MISENAR ATTORNEY-IN-FACT
Attest
p, 004
(Title of Officer)
- 24-
JUL/22/2009/WED 07:20 AM
FAX No.
p, 005
STATE OF NEW YORK
COUNTY OF l)_Y\L~E"S5
)
) ss:
)
On the a'l~ day of J(\L.~ L ')...Cd; , before me, the
undersigned, a Notary Public in and for said State, personally appeared mAV't~~Orn~ICD
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.
~~G6~
NOTARY PUBLIC
LAURA J. MILLUS
Notary Public, State of New York
No. 4862327
......gua1l1fed In Dutchess County ~~
...,.'""*" Expirea Dec. 11, 19~ I
INTERNATIONAL FIDELITY INSURANCE COMPANY
ONE NEW ARK CENTER, 20m FLOOR, NEW ARK, NEW JERSEY 07102-5207
STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS
AT DECEMBER 31, 2007
ASSETS
Bonds (Amortized Value). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Common Stocks (Market Value) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mortgage Loans on Real Estate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cash & Bank Deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Short Term Investments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unpaid Premiums & Assumed Balances . . . . . . . . . . . . . . . . . . . . . . . .
Reinsurance Recoverable from Reinsurers. . . . . . . . . . . . . . . . . . . . . . .
Electronic Data Processing Equipment ...... . . . . . . . . . . . . . . . . . . .
InvestmentIncome Due and Accrued . . . . . . . . . . . . . . . . . . . . . . . . . .
Net Deferred Tax Assets ...................................
Other Assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TOT AL ASSETS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
LIABILmES, SURPLUS & OTHER FUNDS
Losses (Reported Losses Net as to Reinsurance Ceded and
Incurred But Not Reported Losses) . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Loss Adjustment Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Contingent Commissions & Other Similar Charges . . . . . . . . . . . . . . . .
Other Expenses (Excluding Taxes, Licenses and Fees) ..............
Taxes, Licenses & Fees (Excluding Federal Income Tax) . . . . . . . . . . . . .
Current Federal & Foreign Income Taxes .......................
Unearned Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ceded Reinsurance Premiums Payable . . . . . . . . . . . . . . . . . . . . . . . . .
Funds Held by Company under Reinsurance Treaties . . . . . . . . . . . . . .
Amounts Withheld by Company for Account of Others. . . . . . . . . . . . .
Provisions for Reinsurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TOTAL LIABILmES .. . . . . . . . . . . . . . . . . . . . . . . . .
Common Capital Stock ....................................
Gross Paid-in & Contributed Surplus ..... . . . . . . . . . . . . . . . . . . . . .
Surplus Note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unassigned Funds (Surplus) ................................
Surplus as Regards Policyholders ... . . . . . . . . . . . . . .
TOTAL LIABILmES, SURPLUS & OTHER FUNDS. . . .
$88,913,221
18,170,832
1,111,500
46,453,412
4,039,006
4,488,967
631,946
135,990
1,253,680
3,250,000
2,245,354
$170.693.907
$15,493,530
4,242,428
116,728
4,960,927
1,252,929
645,000
29,522,449
1,931,511
5,068
26,183,176
7,409
$84.361.155
$1,500,000
374,600
16,000,000
68.458.153
$86,332,752
$170.693.907
I, Francis L. Mitterhoff, President of INTERNATIONAL FIDELITY INSURANCE CaMP ANY, 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.
IN TESTIMONY WHEREOF, I have set my hand and affixed the
seal of the Company, this 26th day of February 2008.
INTERNATIONAL FIDELITY INSURANCE COMPANY
~~
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... . ... . .. .... ... ''''''. .....
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........................................ .................................: ."...................... ...................... .................... .....................
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INT~BNAr}'E(QNAE IYll);ELI"YIN~l.JRAN.C~ COMPANY
KNOW' ALL MJj1NBY nq;SEPRE~EN"rS:<'I'hat INTERNA~lONA1..FIDELI1YINSlJRA1I1.cECOMJ;>ANv'>acorporationorgll1lized and existing
lawso.fJhe State ofNllw Jersey,andhaving its principal officeintheCio/ of Newark, New Jersey, does hereby constj~teandappoint
,.,-................" .~,,+.....i,.,.............'_;..,..._._..... ........._....H............,........'............u......'H"
MARYE.BRINCKERHOFF, JAN1CE;X.BALLr}RD. ~OSEMARIE A. MISENA.R
Fishkill, NY.
.......... ..............................,'........ ..,..........,'.,.- ..." ......."... "."",.............. ....... ......
its true and lawful attorney(s)-in-factto execute,seill and deliv~r for and on its behalf as surety , anY and all bonds and undertakin~, contracts of indemnity and
other WTI. .tings obligatory In the natUre th.ereof, which are or may be allqwed, re. .quired . or. 'pe. nnined by I.aw ,stature. ' rule,.. regulation, contract or otherwise, and
the execution of such instrUment(s) in pursuance of these presents~ shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE
COMPANY, as fully and amply, to all intents and purposes. as if the same had been duly executed and acknowledged by its regularly elected officers at its
principal office.
This Power of Anorney)s executed, and may jle revoked , pursuant to an. d by authority of Article 3-Section 3, of the By-Laws adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on thll 7th day of February , 1974.
The President Or any Vice President. Executive Vice 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 obllgatory In the natUre thereof and,
(2) To remove, at any time, any such attorney-in-fact and revoke the authority given.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29th day of April, 1982 of which the following is a trUe excerpt:
Now therefore the signatUres of such officers and the seal of the Company may be affixed to any such rower of attorney or any certificate relating thereto by
facsimile, and any such power of attorney or certificate bearing such facsimile signatUres or facsimile sea shall be valid and binding Ul'on the Company and any
such power so executed and certified by facsimile signatUres and facsimile seal shall be valid and binding upon the Company in the futUre with respect to any
bond or undertaking to which it is attachlld.
IN TESTIMONY WHEREOF. INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007.
INTERNATIONAL FIDELITY INSURANCE COMPANY
STATE OF NEW JERSEY
County of Essex
~~~
Secretary
On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me JJersonally known, and, being by me duly
sworn, said the he IS the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to
said Instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company..
CERTIFICA nON
1,.. the undersigned offICer of INTER,N:Al'IONA..FIDELI'"I'YINSUlQ\NCECO~ANY do hereby certify .thatlhave comparedihe foregoing copy of the
Power of Attorney and affidavit. and the copy of lbeSection of the By-Laws ofsai9 Goropanyasset foith in said power of AttornllY, withthCl.ORIGINALSON
IN THE HOMEOFFICE OFSAIpCOMPANY,and that the samllarecorrect ~nscriptsthereof.~ndof the Wb~leof the said originals,>attd that the said Power
of Attorney has nolbeen revoked and is nowin full force and effect . .
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year first above written.
~,~~
A NQTARY PUBLIC OF NEW JERSEY
MyCollWlission Expires Nov. 21, 2010
IN TEStIMONy WHEREOF; Ihavel1ereuJltOse~my~ahdthis > 27TH
day
2009
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TOWN OF WAPPINGER
ROCKINGHAM FARMS - SECTION I & 1/
CONCRETE CURB REPLACEMENT PROJECT
RECEIVELJ
JUl 2 7 2009
TO'N~,' ClEP'<'
CONTRACT NO. 01
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 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 J & II
Concrete Curb Replacement Project, Town of Wappinger, as required by and in strict
accordance with the plans, specifications and all other documents relati ng 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
ADDENDUM NO.1
ADDENDUM NO.2
ADDENDUM NO.3
ADDENDUM NO. 4
7/13/2009
7/15/2009
7/] 6/2009.
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In consideration of, and to induce the award of this contract to him/her, the bidder
represents and warrants that:
(a) If this bid is accepted by the Town Board, Town of Wappinger. as evidenced
by issuance of a Notice of Award by the Owner, and mailed by registered
mail with return receipt requested to the address of the bidder as indicated
on his/her bid, the bidder will execute a contract on the form of agreement
herein provided and will comply with all provisions of said Notice of Award.
(b) This bid is made without any understanding, agreement or connection with
any other person, firm or corporation making a bid for the same work, and
that it is in all respect fair and without collusion or fraud.
(c) 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 jt 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.
- 17 -
(i) That he/she is financially solvent and sufficiently experienced and competent
to perform the work.
U) The work can be performed as called far 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:
$ Onehundredthirtysixthousand. ninehundred dollars and 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)
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.
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Sent By: MORRIS ASSOCIATES;
8454731962;
Jul-15-09 2:49PM;
Page 6/8
Th Bidder proposes to install asphalt paving (Base 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:
uareLJoot
(WOrds)
$
5.00 /SF
(Figures)
AI 0 made a part oHhis bid is the attac
Sign Bid Here
Print Name
Marc Vumbico
Title
Vice-President
Official Company Name
H.B. Wiltse Excavating Inc.
(Individual, Partnership, Corporation. LlC)*
* Circle applicable word
Company Mailing.Address
907 Dutchess Turnpike
STREEt
Poughkeepsie
CITY
New York
STATE
14-167581
12570
ZIP CODE
Telephone No.
Fax No.
845-452-9670
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(If bidder is a corporation, fill in the following blanks.)
Organized under the laws of the State of: New York
Name and Address of President: Celeste wiltse
15 Barnes Drive poughkeepsie, New York
12603
Name and Address of Secretary:
Name
and
Add ress
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 Dutchess
On the 27th day of July,2009 , before me, the
undersigned, a Notary Public in and for said State, personally appeared Marc vumbico
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
..jOU.p.1, ~~.. \
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instrument.
NOTARY PUBLIC
N LAURA J. MILLUS
otary Public. State of II/ew York
Qu No. 4862327
com allfJeeI In Dutchess County
mlalon Expires Dec. 11, 19~9
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CERT1FICATION 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 orto any competitor, before
the time of the bid opening 0
(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
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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
BIDDER'S SIGNATURE:
Marc
DATE: 7/27
- 27-
TOWN OF WAPPINGER
TOWN CLERK
CHRIS MASTERSON
SUPERVISOR
CHRISTOPHER J. COLSEY
July 30, 2009
TOWN CLERK'S OFFICE
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
(845) 297-5771
FAX: (845) 298-1478
TOWN COUNCIL
WILLIAM H. BEALE
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
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.
Weare enclosing your deposit check #29974 for full refund on this
project.
Sincerely,
w~
J C. Masterson
Town Clerk
JCM/cf
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BID BOND
RECEIVED
JUL 2 7 2009
T~'ft1N CLERj":
KNOW ALL MEN BY THESE PRESENTS: that
* Ben Ciccone, Inc.
as Principal; and
_ Hartford Accident & Indemnity Company
as Surety I are hereby
held and farmly bound unto the Town Board, Town of Wappinger, New York in the amount
of: 5% of Amount Bid Dollars S (51.: of Amt 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 27 th
day of July
20.....Q2... .
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 Yor1<, 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 shan in aU: respects perform the agreement
created by the acceptance of said Bid, then this obligation shall be void.
Otherwise. the same shan 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 Principaf 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.
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(SEAl)
.Insert Bidders Name
-Insert Surety's Name
PRINCIPAL BEN CICCONE. INC.
By Brandon A. Ciccone. President
Signed. sealed and dellve~ ~
In the presence of
~~ /A.1t1A4~'-4.~
(Corporate seal of Contractor
if a corporation)
(Corporate seal of
Surety)
By
MANDDP A. I!:t:UNL, 13f1&'4EPI
HARTFORD ACCIDENT & INDEMNITY cmlPANY
By 0 . .:J l1}ij~
David M. warrace (Title of Officer)
Attorney-In-Fact
(Title of Officer) Attorney-In-Fact
- 24-
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STATE OF NEW YORK
)
) ss:
)
COUNTY OF ,AJl'rl#NS
On the ../lJr day of JUt, y ~~9 , before me, the
undersigned. a Notary Public In and for said Slate. personally appeared .ItA" I'MI ;ftCtbNl
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.
Carla VIgna
Notary Public. State of New York
No.01V16200380
Qualified in Dutchess County
CommissiOn Expirel FebN8IY 02. 2OJZ.
..
"
Direct InqulrlesIC/a/ms to:
THE HARTFORD
BONO. T'"
690 ASYLUM AVENUE
HARTFORD, CONNECTICUT 06115
calf: 888-266-3488 or fax: 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 01.111001
[!] Hartford Fire Insurance Company. II c:orporation duly orpnized uader the laws of the SllIte of Connecticut
[Ll Hartford Casualty Insurance Company, 8 COI'JlOI'lIlion duly organized 1It1der the laws of the SllIte oflndiana
[Ll Hartford Accident and Indemnity Company, II c:orpontIioa dulyorpnized under the laws ofdle State of Connecticut
D Hartford Underwriters Insurance Company, II cmporatiOll duly organized under the laws of the Slate of Connecticut
D Twin City fire Insurance Company, II cuTpOnltion duly orpnizcd IIIIdcr the laws of tile Slate of Indian II
D Hartford Insuram:e Company of illinois, II COIJlOflIlion duly organized under the laws of the State of Illinois
c:J Hartford Insur&nee Company of the MidWest, a corporation duly orpnized under the laws of the State ofJndiana
CJ Hartford Insurance Company of the Southeast, II corporation duty cq.aaized under !be laws of the Slate of Florida
haYing 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 L Champagne, Thomas F. Wallace. Sr., Paul J. Wallace, Samara WaHace, Thomas F. Wallace, Jr.
of
Albany, NY
their true and lawful Attomey(s)-in-Fact, each in their separate capacity it more than one is named above, to sign its name as surety(ies) only as
delineated above by ~. and to execute. seal and ad<nowtedge any and aft 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 ill any actions or proceedings a\lowed by law.
In Witness Whereof, and as authorized by 8 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 corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution ofthe Board of Directors ofthe Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanicaHy applied signatures applied to this Power of Attorney.
0,..."
.......
.
'POWER OF ATTORNEY
e~.. "...
~-.'"
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~-:"~ : . . .~~~;::
fJ Ct. ~
()~
Paul A. BergenhoRz, Assistant Secretary
STATE OF CONNECTICUT} ss.
Hartford
COUNTY OF HARTFORD
On this 4th day of August, 2004. before me personally came 08vid 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 !he 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.
David T. Akers. Assistant VICe President
SaMt E. PaIcka
NclIIIy I'lIbIic
CERTH:ATE My CommiMioIl &,ires Oct.... 31. 2001
I. 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 Aflomey executed by said Companies. which is still ill futl force effective as of Ju-ly 27. 2009
Signed and sealed at the City of Hartford.
@
~~?g
e..
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L ' U
Gary W. Stumper, Assistant Vice President
POA lOO4
ACKNOWLEDGMENT OF PRINCIPAL -IF A CORPORATION
STATE OF IItw6A);;.....} ss
COUNTY OFJJ/l.1M'/J.s......
.J>n this ....~.1..7.. "7'~'''''' day of ...J:u.~ .r............... ..........2 ~ ().'I.. befora ma perso~allY appearad
..c,O~lfMIJIJ.Ii.....a.:.J..I...~Jl.i<...................... to be known. who, beinp>y me duly sworn. dId depose and
say; that he/&he-resides at ..9!.L~A~1.4A~..}J(.#IIN41A1.../At.tri,.)/.'i................... that he/she..
is the .... ...... ... ..................... President of .....:4.€t1....lI}.t~.(,....2N,................................................... the
corporation described in and which executed the within insurance instrument. that heJshe knows the seat 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....
~
FIRM
Carla VI;jna
Notary Public. State of New York
No.01V16200380
Qualified in Dutchess CO~I(NOWLEDGMENT OF PRINCIPAL. IF INDIVID
Commilalon Expires February ~.u:::-
STATE OF ........................} ss
COLJ~TY OF .....................
On this ................................. day of ..........................................., ......... before me personally appeared
..................................................................................... to me know to be (the individual) (one of the firm) of
.w
........................................... ......................................:. 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 saki fmn).
..............................................................................................
ACKNOWLEOGMENTOFSURETYCOMPANY
STATE OF ..N~~.X~}:~..........} ss
COUNTY OF .~~~.~1;~~.~........
. 27th Day of July 2009 David M. Wallace
On thiS .......... ........ ........ ......................, before me personally came ....... ......... ........... ....... ............... ............
to me known. who, being by me duly sworn, did depose and say: that helshe resides in
..R~P.?JEi.~E~..?~~.~.l?............................ State of ..~~~..yRr.Jf........... ..... that he/she is the Attorney-in-Fact of the
..~~r.~~.<;>~~..~~~~~~~.~..~..~.~~~~.~1..~P.~?1..................... 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 ...~r.~~.~:;~..~~.r;;i;~~?L~..~IJ.~~~.~..~~~~~y........................ (Surety) hislher 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.
NY acknowledgement
Carla Vigna
NotarY Public. State of New York
No. 01V16200380
Qualified in Dutchess County
CommissiOn Expires FebruarY 02. 2O.a
....
Hartford Accident and Indemnity Company
Hartford, Connecticut
Financial Statement, June 30, 2008
(Statutory Basis)
ASSETS
U.S. Government Bonds ................ S
Bonds of Other Governments...... .....
State, County, Municipal and
Miscellaneous Bonds .........
Stocks.. .... .............. ......
Short Tenn Investments ................
Real Estate .... ........ ... ... ......... .... $
Cash .......................................
Agents' Balances (Under 90 Oa).......
Other Invested Assets ...................
Miscellaneous...... .............. ........
Total Admitted Assets ...............- $
STATE OF CONNECTICUT
COUNTY OF HARTFORD
CITY OF HARTFORD
}
79.226,632
229.843,952
s
8.143,373.432
2,115,548,310
478,751.041
11,046.7.0.367
LIABILITIES
Reserve for Claims $
:md Claim Expense.........
Reserve lor Uneamed Premiums .....
Reserve for Taxes. License
and Fees ......................
Miscellaneous Liabilities.............
5.557,375,445
1.645,6\0,428
50.715,28\
1,091.798,708
8.3~6.499,862
4,251,478
) 6,878,533
473,428,425
789,151,081
t 2,330,452,884
ss.
Total Liubilities ...................... S
Capital Paid In $
Surplus ..........
40,000,000
3,943,953.022
Surplus as regards Policyholders... S 3,983,953.022
Total Liabilities, Capital
and Surplus ................. S 12.330,452,884
M. Ross Fisher. Assistant Vice President, and Patricia A. Murrone, Assistant Secretary of the Hartford Accident and Indemnity
Company, being duly sworn, each deposes and says that the foregoing is a true and correct statement of the said compan)"s financial
condition as of June 30. 2008.
Subscribed and sworn to before me this \2"
day of September. 2008.
/11, ...~ ~~1 q't:.;
l~ ~. ~
j.,\
Thcn:sc M FOfJ-
NoIaI) Public
My Comnussron c.~pi,,'S Augvst) 1.:!tIt)
Form CS-J9-37IiA&1 PrilllcdinUSA
fCf!-
M. Ross fishl.'f, Assistant Vice Presidl."flt
Pczt.-~<A it ~"-\.('~
. Patricia A. Murrone, Assistant Secretary
~j
8454731962j
Jul-15-09 2:40PMj
Page 3/8
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, TOWN ,Off'W~PINGE~,
ROCKlNGHAM ,FARMS '...., SECTIQN 1'& IJ
C.ONCRETE CURS'REPLACEMENT 'PROjECT
...
, "
CONTRACT NO. 01
tllDFORNf
: T E TOWN RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS. EACH BID FORM
i S ALL BE ACCOMPANiED BY BID SECURITY (AS DESCRIBED IN THE INSTRUCTION
j T BIDDERS).
: T THE TOWN BOARD. TOWN OF WAPPINGER, NEW YORK,
: P suant to arid in, compliance with your invitation to bid conta'ined' in the Notice to
~ C ntractors dated ~7lJ L Y I ~ ,2~ '
:, (month) (day) (year
, '
\ th undersigned, he,reby:proposes to, furnish aU labor, machineryl equip:ment, facilities,
; to Is, transportation,' ,supplies, materia'lsi," insuran'cas, permits,: certificates" tests,
i gu rantees, protectfon ,01 equipment and property and life during: construction; a$ Wen as
: co petent and qualified ':su'pervision for air phases of the' work" and other facilities, and
~ thi gs necessary otproper for or incid:~ntat to, the Rockingham' Farms Section I & II
\ C crete Curb':Rep)a'cement Project, T~,o,f. Wappinger, as required by and in strict
: a ' rdance with the::,plans. specifications, an:d ~U,otber documents relating to Contract No.
! 01 for the prices stipulated and as shown on this, bid form.
\ eofBidder: :ZEAl ~ec"..A/A he. ,
(Individual. Partnership, Corporation or LlCf'
* Circle applicable word
\ Th undersigned d~ctares that the bidding ,and contract docu~ents have ,been carefully
~ ex mined and that all things necessary for the completion of the work shall be provided.
eipt of the following' addenda is hereby acknowledged:
DATE
EN DUM NO. 1
EN DUM NO.2
ENDUM NO,. 3..
ENDUM NO.4
,:rilLY I.i ~,<9
JU L 'I /~ 2<<>9
:Jut.. 'r It" ~ifI
-16- r- 1-"
: By: MORRIS ASSOCIATES;
8454731962;
Jul-15-09 2:40PM;
Page 3/8
'. "\
, TOWN ,O,fWAPPINGER ,
ROCK1NGHAMFARNiS '.... SECTIQN 1& IJ
CONCRETE CURSftep,LAC'EMENT 'PROjECT
, "
CONTRACT NO. 01
Blt'tFORNf
RECEIVED
JUL 2 7 2009
TOV'!N ClER:<
T E TOWN RE;SERVI;S THE RIGHT TO REJECT ANY OR ALL BIDS. EACH BID FORM
S ALL BE ACCOMPANIED BY BID SECURITY (AS DESCRIBED IN THE INSTRUCTION
T BIDDERS).
T THE TOWN BOARD, TOWN OF WAPPINGER, NEW YORK
P suant to and in compliance with your invitation to bid contained in the Notice to
C ntractors dated :TiJ L Y I ~ ,2~r '
(month) (day) (year
th undersigned hereby 'proposes to. furnish aU labor, machinerY, equip:rnent, facilities,
to Is, transportation," s:upplles, materialsj," insurartees, permits,: certificates. tests,
gu rantees, protecti:on ,of equipment and property and life during' construction; 3$ Wen as
co petent and qualifled':su'pervision for alJ'ptlases of the' work" and other facilities, and
thi gs necessary otproper fOf or incid:~ntal to, the Rockinghani' Fa,rms Section I & II
C crete Curb:'Rep)a'cement Project, Town, o,f, Wappinger, as required by and in strict
a rdance with the.plans, specifications. and ~'lI',otner documents relating to Contract No.
01 for the prices stipulated and as shown on this bid form.
eofBidder: ZEAl ~ect:J..A/~ 2#e..
(Individual, Partnership 0 oratia r LLC)ll
.. Circle applicable wor
Th undersigned d~clares that the bidding ,and contract documents have been carefully
ex mined and that an things necessary for the completion of the work shall be provided.
eipt of the following' addenda is hereby acknowledged:
ENDUM NO.1
ENDUM NO.2
ENDUM NO,. 3"
ENDUM NO.4
DATE
:rJLLY I..i. ~~9
JU L 'I /~ 2/;09
:TtA.I.. r I r,! 'bJifI
-16 - ...
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: By: MORRIS ASSOCIATES;
J
8454731962;
...
Jul-15-09 2:40PM;
Page 4/8
. ., .
~ In nsideration of;,and~o induce the award of this contraot to him/her, the bidder
: re resents and: warrants'that:
(a)
(b)
(c)
(d)
Ifthis bid,is'>accepted by the ToWn Board, Town ofWa:ppinger, as evidenceq
by issuance of a, Notice of Awa'rd by the Owner,' and 'm~iled by registered,
mail withrt;tum receipt requested to the address of the bidder as indicated
on his/her bid, the bidder will'execute a contract on the farm of agreement
herein provided and wilt comply, with all 'provisions of said "Notice of Award.
This bid is made without any'understanding, agreement or connection with
aiw 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.
He/She has carefully examined and fuUy understands all of the parts of the
cOntract documents, ami that ,he/she will execute tOe contract and ,Will'
compt~telyperform it in strict accordance with the provtsionsthereof for the
sum set forth on the bid.
(e)
No officer or employee of.the Town Board, Town of Wappinger, or any
person whose salary is payable in who'le 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
perforiilance of the contract'o~ in the supplies. mat&tials or,equipment; orto
work or labor to which it relates, or in any portion ofthe profits thereof.
He/She is riot 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.
All work shall be' completed within the time aUotted,Jrom 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 :ofthe bidder as indicated on his/her bid.
(f)
(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 deem.ed. of noeffact
and. will 'Upon notice by ~ither, the OWner or the bidder be'deemed st(jcken
from the bid documents'without affecting the binding forceofthe remainder:
Each ,and :every provision' of any law and clause' requir~d by law to be
inserted in ,the bid documents ,shall ,be deemed to be ins.erted herein and the
bid documents shall be read and'anforced as though it were included herein;
and if throjJgh mistake Qr otherwise any such provi$ion is not inserted or is
riot C()rrectly inserted, then 'upon, the 'application of either party, the bid
documehts shall forthwith be physically amended to make such insertion.
(h)
.'
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t By: MORRIS ASSOCIATES;
8454731962;
Jul-15-09 2:41PM;
Page 5/8
(i)
G)
(k)
(I)
(m)
That h~Jsheisfinancially solvent and sufficiently. experienced and competent
to perform the 'Work.
The workc&iJn .be. performed as' 'called for by the "pr'QPQsal sndthat the.plan's
and specifications are in all respects suitable and adequate for the work.
That the faCts stated In hisiherbid and the information given by hlrn/her are
true and correct in all resp'acts. .
That he/she is fully informed~gardingaU the condition,s affe,c:;ting the workto .
be done and labor and materials, to be 'furnished ,for the completion of this
contract,snd that his/her infonnation was secured by personal investigation'
and research.
In the:event of a lawsuit, th$'pidder agrees that said suit shall.befHed in the
same federal district or county as the location of the project.
FOR CONtRACT WORK:
Bidder prpposes"to perform the work required in accordance with the contract
uments for the lump sum of:
$.
p/J
(Words)
II /13 '-19 .~
.' (Figures)
IT PRICE BID: .
T e Bidder proposes .tQ perform the work-required in accordance with the contract',
d cuments for'the 'unit price bid per lineal foot of:
$
$
VI
(Figures)
N te: The Unit'PriceBidwiU be used to adjustthe Base Bid price up or down as a result.
t the actuallh1eal footage of concrete curb replaced.
. -18-
i/./}fJS~EI()
C 1,(/1$
: By: MORRIS ASSOCIATES;
8454731962;
Jul-15-09 2:41PM;
Page 6/8
~
. U T PRICE BID:
: Th Bidder proposes to j,ristall asphalt paving (Base 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:
:$
.... lit I'L)JT$
:$
(WOrds)
, ' '
ed'documentation per Division 100, Article C.3.
Sign Bid Here
Official Company ',Name
AutHO IZED SIGNA TUR.E
3f.4A/At7# ~ ~cc~.A/L
}?eg/tJ'u/
jJ6f/ ;:CCtJN~ JPc
(Individual, Partnership, Corporation. lLC)lII
* Cirds applicable word
Print Name
Title
CompaliyMaUing:Address /5/ AAdr' g~
~tI?/I~tfl)S/~}/'W ffA'/<:, STREEf /~jtJ3
erN ' ' STATE ZIP CODE
FederaLEmployer Identification No,., /3 - / fll3f@
Telephone No. ffs--1!P2. ~gtf)t?
ffj-: fj2. Pis-$
Fax No.',
-19 -
t By: MORRIS ASSOCIATES;
8454731962;
Jul-15-09 2:41PM;
Page 7/8
: (If idder is a cOrporation:. fill in the following',blanks.)
: Or anized underth~ Jaws of the State of:
j/
Mrw /~~/.{
: Na e and Address Of President: ~,(A1 ~t1A1"/' /; L C,t) /V L
.J W1-)A :i~/2J /2jf~
; N e and Address ofSeCfetary: lL/IItJ~ L ./I (;C (tJA/ L
~J/#LlES/l 31 /J.J MljJjJ/~#Lf ~Alr/ /LJft)
: N e
'and
J Addre,s~ /J of
L f;1/tJ,tL /f: ,L/CUJ/VL.
?hAltfIlJIAtd}/1 /2Sfl)
Treasurer:
') 1?I/1EfA
, '
idder is a Limited Liability Company, fin in the following blanks.)
: 0 anized under the laws of the State of:
: N me of Manager o'rMatlaging Member: '
. A nt for SelVice of Process:
.' A dress for Se:rvice of Process:
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: By MORRI~ ASSOCIATES;
8454731962;
Jul-15-09 2:41PM;
Page 8/8
'.
, '
S TE OF NEW YORK,
UNTY OF ~WtYLLr
)
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55:
On the: ;;1'/11 'day of .filL.' y .b&7 9 I before me, the .
. un ersigned, aNotllry PUblic in and forsaidSlale, personally appeared g.t~'vkll!)' ;;et:JYE
sonally known to me 'or proved to me Oil th~ ba$is of satisfactory evidence to be the
ividual whose name'issubscribed to the within instrument and acknowledged ,to me that'
executed the same in his capacity, and that by his signature on 'the'instrument, the
ividual, or the person' upon behalf of which the individual acted, exacuted the
: in trument.
CarlaVlgna
Notary Public. State of New Vol<<
, 'No.01V16200380
Qualified in Dutchess County
Commission Expires February 02..JCU:t.
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STATE OF NEW YORK
COUNTY OF lJun/l/L!
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On the l1c.rA day of -:r:u... t{ .2007 , before me, the
undersigned, a Notary Public in and for said State, personally appeared~J1~.t'.AI Jlt: (UM/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.
Carla Viqna
r. ""n". of New York
, ',olj
NOTARY PUBLIC
c.. _0 '. ''';'0 County
COmmiSSion Expires February 02, 20,-
Carla Vigna
Notary Public, State of New York
No. 01 V16200380
Qualified in Dutchess County
Commiuion Expires February 02. 2O.J.j!...-
.
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
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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.
BIDDER'S SIGNATURE:
I affirm these statements under p
DATE:
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Sent By: MORRIS ASSOCIATES;
~
8454731962;
Jul-16-09 10:54AM;
Page 2/8
AD,DE:NDUM NO.2
CONSTRUCTION, BID..AND CONTRACT FOR
, TOWN, OF 'WAPPINGER
ROCKINGHAM'F'arms - Section 1&'11
, CONCftETE 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.
T e followinginformaUon or modifications to the Construction Bid and Contract for the
Rckingham Farms - Section I & II Concrete Curb Replacement Project is being supplied by the
E gineer as a result of questions raised by contractors or consultants.
Q estion: Add,endum #1- - Part 4 water Services. Based on addendum the contractor is to
have 1he 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.
R sponse: The contractor/bidder shall proVide a square foot price for the, 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 Wappioger\a W2009\w20003 Rockingham Sect 1& II\AODENDUM",2 7-15-09.doc
Sent By: MORRIS ASSOCIATESj
8454731962j
Jul-16-09 10:54AMj
Page 3/8
-:
TOWN, OF.. WAPPINGER
ROCKtNGHAM ,FARMS.... SECnON I & II
CONCRETE CURB REPLACEMENT'PRoJECT
CONTRACT NO. 01
SID'FORM
T E TOWN RESERVES THE RIOHT TO REJECT ANY OR ALL BIDS. EACH B.lD FORM
S ALL BE ACCOMPAN:1ED BY BID SECURITY (AS DESCRIBED IN THE INSTRUCTION
T BIDDERS).
T THE TOWN BOARD, TOWN OF WAPPINGER, NEW YORK
P rsuant to and in compliance with your invitation to bid contained in the Notice to
C ntractors dated
(month)
(day) ,
(year)
th undersigned hereby proposes to furnish aU labor, machinery, equipment. facilities,
to Is, transportation, supplies, materials, insurances, permits, certificates, tests,
9 arantees, protection, of equipment and property and life during construction; as well as
c mpetent and qualified supervision for an phases of the work, and other facilities and
th ngs necessary or prQper for or incidental to, the Rockingham Farms Section I & II
C ncrete Curb Re.p:lacement Project, Town 'of Wappinger, as ,.required by and in strict
a cordance with the plans, specifications and an. other documents relating to 'Contrad No.
D ,for the prices stipulated and as shown on this bid form.
N me of Bidder:
Blacktop Maintenance Corp.
(Individual, Partnership,~rporation)>r LlC)*
* Circle applicable word
T e undersigned declares that the pidding ,and contract documents have been carefully
e amined and that all things necessary for the completion of the work shall be provided.
R ceipt of the following addenda is hereby acknowledged:
. DENDUM NO.1
DENDUM NO.2
DENDUM NO.3
DENDUM NO.4
DATE
7/13/09
7/15/09
7/16/09
SIGNATURE
(Do l)a _ LJ I; L
~llfYL. 1.Jli L-
r;j)aJ1O.-- LJ il 4 IL..
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8454731962;
Jul-16-09 10:55AM;
Page 4/8
tn consideration of, and to induce the award of this contract to him/her, the bidder
ra resents and warrants that:
(a)
(b)
(c)
(d)
(e)
(f)
(9)
(h)
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 regjstered
mail with return receipt requested to the address ofthe bidder as indicated
on his/her bid, the bidder will e~ecute a contract on the form of agreement
herein provided and will comply with aU provisions of said Notice of Award.
This bid is made without any understanding, agreement or connection with
any other person, firm or c'otporation making a bid for the same Work, and
that it is inatl respect fair and without coltus'ion or fraud.
He/She lias carefully examihedand fuUy 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.
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 retates, or in any portion of the profits thereof.
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.
All work shall be completed within the time allotted, from the date specified in
the Notice to Proceed or set by the contract documents, maiJed to the
undersigned' by registered mail with return receipt requested to the legal
address of the bidder as indicated on his/her bid.
If the. bid documents contain any unlawful provision not an esSential part of
the bid and which shalt not appear to have been- a controlling or material
inducement to the making: thereof, the sameshaU be deemed of no effect
and will upon notice by either the OWner or the .bidder be deemed strick~n
from the bid documents without affecting the binding force of the remainder.
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.
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Sent By: MORRIS ASSOCIATES;
8454731962;
Jul-16-09 10:55AM;
Page 5/8
(i) That he/she is finaneiaUy solVent and sufficiently'experienced and competent
to perform the work.
(j) The work can be performed a$, called for by the prQPosal 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 himlher are
true a:nd correct in aU respects.
(I) That ne/she is fully informed"reg.arding all the condition~ affecting the work to
be done and labor and materials to be furnished for the completjon 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,th.a location of the project.
B 0 FOR CONTRACT WORK:
B lSE BID:
TI e Bidder propose$" to perform the work required in accordance with the contract
de cumentsforthe lump sum of:
$ Dne hundred thirty seven thousand seven hundred sixty two dollars fifty cen
(Words)
$ 137,762.50
, (Figures)
U lilT PRICE BID:
Tt e Bidder proposes to perform the wo.rk required in accordance with the contract
de cuments for the unit price bid per lineal foot of:
$ Fifty two dollars and eighty eight cents per l.f.
(Words)
$
52.88 1.f.
(Figures)
N te: The UnifPrice Bid will be used toadjustthe Base Bid price up or down as a resutt
to the actual lineal footage of concrete curb'replaced.
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Sent By: MORRIS ASSOCIATES;
8454731962;
Jul-16-09 10:55AM;
Page 6/8
T e Bidder proposes to install asphalt paving (Base 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:
$ Fifteen dollars no cents per S.F.
(Words)
$ 15.00 per S.F.
(Figures)
AI 0 made a part of this bid is the attached documentation per Division 100. Article C.3.
Sign Bid Here 01J.J1n.... fA) L;~ '
AUTHORIZED SIGNATURE
Print Name Dana Wiehe, Secretary /Treasurer
Title Secretary /Treasurer
Official Company Name
LLC)*
CITY
27 Commerce St.
Poughkeepsie, NY r!~~~T
STATE
14-1552157
ZIP CODE
Company Mailing Address
Federal Employer Identification No.
Telephone No.
845-471-8700
Fax No.
845-471-8138
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Sent By: MORRIS ASSOCIATES;
8454731962;
Jul-16-09 10:56AM;
Page 7/8
(If bidder isa corpoff,ltion, fill in the following blanks.)
o ganized under the laws ofthe State of: New York
N me and Address of President: David Petrovits, Poughkeepsie, NY
N me and Address of Secretary: Dan a Wi e he, PIe a san t Va 11 e y, NY
/Treasurer
Ncme
and
Addre.ss
of
Treasurer:
<If bidder is a Limited Liabifity Company, fill in the following blanks.)
o ganized undi9r the laws of the State of:
Ni me of Manager or Managing Member:
Al ent for Service of Process~
Ac dress for Service at-Process:
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8454731962;
Jul-16-09 10:56AM;
Page 8/8
5 ATE OF NEW YORK
C UNTY OF Du tchess
)
)
ss:
On the. 27th day of July , before me, the
u dersigned, a Notary Public in and for said Statel personally appeared Dan a Wi e h e
p rsonally known to me or proved to me on the basis of satisfactory evidence to be the
ividual who$e name is subscribed to the within instrument and acknowledged to me that
h executed the same in his capacity, and that by his signature on the instrument, the
in ividual, or the person upon behaff of which the individual acted, executed. the
in trument.
NOTARY PUBLIC
~.~
Dawn Fernandez
awn FeInIndII of.. YOlk
lotalJ"*' ..
Jo.01FE1ON1.
~In ~CCM.IItY
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abtwne=t nWl
lhoY .. to .,.,2 .:Mtduc:t t'Bto,
8atteOU'=fto ,0;
yinuoo 8MrbfuQ nI beitHeU{
~ .S enuL "1iQI3 noiI.l1nmo~
-
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II.
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:
l
Ii.
"
~
II.
(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.
l
(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.
I~
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'-
(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.
i
..
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.
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(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
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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 SIGNATURE: (j)11 1111- IJJI~1L
lr~na Wiehe, Secretary/Treasurer
DATE: July 27, 2009
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07/13/2009 12:45 FAX 8454718138
141 002
RECEIVED
JUL 2 7 2009
BID BOND
KNOW ALL MEN BY THESE PRESENTS: that
TOWN CLERK
* 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: ---5% OF THE ATTACHED BID----- Dollars $ ~\ ~8g . i 2...
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~.
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 WITN ESS 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.
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07/13/2009 12:45 FAX 8454718138
141003
(SEAL)
*Insert Bidder's Name
PRINCIPAL
BLACKTOP MAINTENANCE CORP.
BY'J)(Ulo... ,.0 ti lL
Dana Wiehe, Secretary/Treasurer
Sig~edt sealed and delivered ~" ~~
In the presence of, '. _ ~ ~
\::J i\-\tJ ~
'Hlnsert Surety's Name
(Corporate seal of Contractor
if a corporation)
BLACKTOP MAINTENANCE CORP.
Contractor
By
rJ)/.U)o... JJ,;.L-
Dana Wiehe, Secretary/Treasurer
~~
(Title of Officer)
ROSEMARIE A. MISENAR ATTORNEY-IN-FACT
(Corporate seal of
Surety)
Attest
(Title of Officer)
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07/13/2009 12:45 FAX 8454718138
l4J 004
COUNTY OF Dutchess
)
) 5S:
)
STATE OF NEW YORK
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.
NRT ARY PUBLIC
~~~
Dawn Fernandez
J6
awn FIIMNIII
I.,..... .... 01 New Volle
Jo. OtFElOll188
)~ In ~ CcMIdY
:ommI8Ilon EJcpIreI Junia. 20' I
S8bn1me=l nw)
)h(..y \WM to &r~ .~IGA "SIc
a&tteo&3=trO .~j
'(lnuoo ~~"""fUO ni beftllsu(
OS .S &nUt. ae,iQJt3 noi<:!,::.mmr
INTERNATIONAL FIDELITY INSURANCE COMPANY
ONE NEW ARK CENTER, 20TH FLOOR, NEW ARK, NEW JERSEY 07102-5207
ST A TEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS
AT DECEMBER 31, 2007
ASSETS
Bonds (Amortized Value) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Common Stocks (Market Value) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mortgage Loans on Real Estate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cash & Bank Deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Short Term Investments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unpaid Premiums & Assumed Balances . . . . . . . . . . . . . . . . . . . . . . . .
Reinsurance Recoverable from Reinsurers. . . . . . . . . . . . . . . . . . . . . . .
Electronic Data Processing Equipment .........................
Investment Income Due and Accrued . . . . . . . . . . . . . . . . . . . . . . . . . .
Net Deferred Tax Assets ...................................
Other Assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TOTAL ASSETS .................................
LIABILmES, SURPLUS & OTHER FUNDS
Losses (Reported Losses Net as to Reinsurance Ceded and
Incurred But Not Reported Losses) . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Loss Adjustment Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Contingent Commissions & Other Similar Charges . . . . . . . . . . . . . . . .
Other Expenses (Excluding Taxes, Licenses and Fees) ..............
Taxes, Licenses & Fees (Excluding Federal Income Tax) . . . . . . . . . . . . .
Current Federal & Foreign Income Taxes .......................
Unearned Premiums ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ceded Reinsurance Premiums Payable . . . . . . . . . . . . . . . . . . . . . . . . .
Funds Held by Company under Reinsurance Treaties ..... . . . . . . . . .
Amounts Withheld by Company for Account of Others. . . . . . . . . . . . .
Provisions for Reinsurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TOTAL LIABILmES ... . . . . . . . . . . . . . . . . . . . . . . .
Common Capital Stock ....................................
Gross Paid-in & Contributed Surplus ... . . . . . . . . . . . . . . . . . . . . . . .
Surplus Note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unassigned Funds (Surplus) ................................
Surplus as Regards Policyholders . . . . . . . . . . . . . . . . .
TOTAL LIABILmES, SURPLUS & OTHER FUNDS. . . .
$88,913,221
18,170,832
1,111,500
46,453,412
4,039,006
4,488,%7
631,946
135,990
1,253,680
3,250,000
2,245.354
$170,693.907
$15,493,530
4,242,428
116,728
4,960,927
1,252,929
645,000
29,522,449
1,931,511
5,068
26,183,176
7,409
$84.361,155
$1,500,000
374,600
16,000,000
68,458,153
$86,332,752
$170.693.907
I, Francis L. Mitterhoff, President of INTERNATIONAL FIDELITY INSURANCE COMPANY, certify that the
foregoing is a fair statement of Assets, Liabilities, Surplus and Other Funds of this Company, at the close of business,
December 31, 2007, as reflected by its books and records and as reported in its statement on file with the Insurance
Department of the State of New Jersey.
IN TESTIMONY WHEREOF, I have set my hand and affixed the
seal of the Company, this 26th day of February 2008.
INTERNATIONAL FIDELITY INSURANCE COMPANY
~~
.-'........ ,"'.'
. ',"',"" "-'--'"", ,,',"._"..
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.. ...... ......... ........-- "...... ......... . .....-..........'.-.... .......-.- ........ .
POWERp'~n~~V
INTEllNATIQNAE F1DEfiIIYINSllRANCE CQMPANY
. '" '-.,,',' -,-- . -'. "-'.-: _.." - :','" ". '.:','
. -", - ,'"
HOME OFFICE: ONENEWA~C~NtliR,~tII FI..OOR
NEWAR~,NEW JERSEY0710Z-5207
KNOW ALL MEN BY THESE~RESENT~:That INTERNA1'lONAL~ELI1'VINSURANCl1:COMPANY. a corpprationorganized and existing
laws of the State of N~w Jersey ,and having i~piincipal office inth~ City of ~ewark, New Jer$ey .does!lereby constitute and appoint
....."'. .. .. ..,... , "," . .". ......., ','" .-....-.... .., .-... .-.; ~,~.....,.. ..."...................... .', ".;..... .-.-........".......
MARY E. BRINCKERHOFF. JANICEA. BALLARD; ROSEMARIEA. MISENAR
Fishkin, NY.
....................... .................... .........,. ................ .........
its true and lawful attQrney(sHn-factlo execute, seal and deliver for and on its behalf as surety, any and all bonds an<:l undertakin.gS,contracts of indemnitY and
other writings obligatory In the nature thereof, which are or may be allowed....re.quired orpe.. rmitted. . by law, statu.re, rule, regula.tion, contract or otherwise, and
the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE
COMPANY, as fully and amply, to al1 intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its
principal office.
This Power of Attorney is executed, and may be revoked, pyrsuant to and by authoritY of Articie 3-Section 3, of the By-Laws adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting Called and held on the 7th day of February, 1974.
The President or any Vice President, Executive Vice 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 any time, any such attorney-in-fact and revoke the authority given.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29th day of April, 1982 of which the following is a true excerpt:
Now 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 signatures or facsimile seal shall be valid and bindmg uRon the Company and any
such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
signed and its corpprate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007.
INTERNATIONAL FIDELITY INSURANCE COMPANY
STATE OF NEW JERSEY
County of Essex
~~
Secretary
On this 16th day of October 2007, before me came the individual who executed th~precedingJ!1strUment, to me J?ersonally known, and, being by me duly
sworn, said the he IS the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affIXed to
said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company.
A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My (:;ommission Expires Nov.. 21,2010
l,the undersigned officer of IN'l'ERNATIpNAl,FIDELl'f)' IN~CIilC()lWPANYdo hereby certifythatlhave compared the fgregoing copy of the
Power of Attorney.and affidavit, and the copy of the Section ofthel~y-~aws of said COlllpanyasset fo@ in said rower of Attorney, with the ORIGINALS ON
IN THE HOME OFFICE OPSAl]) COMPANY, and that the Satne are correct tratlscrip~thereof.and. of the wh91e of the said originals, and that the said Power
of Attorney has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF, I have hereunto set my hand this 27TH day of JULY 2009 .
~#~~
IN TESTIMONY WHEREOF, I have hereunto set my hand affIXed my Official Seal,
at the CitY of Newark, New Jersey the day and year first above written.
~'--~~
TOWN OF WAPPINGER
TOWN CLERK
CHRIS MASTERSON
SUPERVISOR
CHRISTOPHER J. COLSEY
July 30, 2009
TOWN CLERK'S OFFICE
20 MIDDLE BUSH ROAD
WAPPINGERS FALLS, NY 12590
(845) 297-5771
FAX: (845) 298-1478
TOWN COUNCIL
WILLIAM H. BEALE
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
Sun Up Enterprises
1607 Route 376
Wappingers Falls, New York 12590
Attn: Dave Serino
Re: Rockingham Farms - Section I & II
Concrete Curb Replacement Proj ect
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 #17993 for full refund on this
project.
Sincerely,
~~
J C. Masterson
T own Clerk
JCM/cf
BID BOND
REce'VEU
JUL 2 7 2009
10'J'It\Q~~!tpal; and
KNOW ALL MEN BY THESE PRESENTS: that
* Sun Up Enterprises, Inc.
** 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 oom $C 5%
for the payment whereof Principal and Surety bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
Signed this 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 ev~nt, 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)
Sun Up Enterprises, Inc.
*/nsert Bidder's Name
**Insert Surety's Name
/IPAL
BYHaro
Signed, sealed and delivered
in the presence of
~~s~
(Corporate seal of Contractor
if a corporation)
Contractor
Travelers Casualty and Surety Company of America
By ~lJ.A-rL. ~o-wJn
Camille M. Donato, (Title of Officer)
Attorney-In-Fact
(Corporate seal of
Surety)
Attest ~~
Rachel Y. Minholz,
Attorney-In-Fact
~~
( Itle of Officer)
- 24-
STATE OF NEW YORK
COUNTY OF V V ~~
)
) ss:
)
On the 9th day of July. 2009 , 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
LEIGH ANN
Notary PUblic St StClRBONA
N . a e of NC','J York
. . o. 4684970
Quallfkd in Put .".""
Commission Ex- p' n~.". County
Ires Dec. 3 '/, 20 \ ()
-
TRA YELERS CASUALTY AND SURETY COMl' ANY OF AMERJCA
HARTFORD, CT. 06183
'\'nORNJ;;Y-IN-FACT ,JliSTlFICATION
I'RINCIPAL'S ACKNOWLKDGI\n:NT - n: ;\ CORPORATION
State of New York. Counly of
\ 55,
I
On this day of ,20, before lIle personally appeared
(0 lIle kn(,wn. who. being by me duly swom, depllses and says: Thnl heJshe resides in the City of
that he/she is Ihe of ; the
corporntion described ill and which cxecutcd the within instrument: that he/she knows the seal of said wrporation: thntthe seal ailixed (0 said insti'1.lIncm is such corp<ml(e
seal; :hat it was so al1ixed by order of the Bilnrd of Directors llf said corporation, and that he/she signed hi;Jhcr nHlIle then,'lo by like order.
}'RINCn'AL'S ACKNOWU:I}(;ME1\T -IF INnIVlJ)VAl OR FIRM
State or New York, Counly of
I 55,
On Ihis d.1Y of . 20 , before me personally aPIJCared (0 me
klli'\\'n to he (the individual) (one oflhe non of ) described in and who excwted Ihe within
instrumem, and he/she IhefCUpl)1l duly acknowledged In l11e Ihat he/she executed the same (as Ihe acl and deed of said fiml),
SURETY COMPANY'S ACKNOWLEDGMENT
State of New York, County of Dutchess } ss,
()nthis 9th duyofJuly ,20 09 ,before me personally appeared Camille M. l?onato
me known. who, being hy me dulyswllfl1, did deposc 1Il1d say; That hc/l1e resides in Ihe City of Hopewell Junct~on, New York ,
that heJsl1e is Attomey-in-I'uL1 of TRA VELER."i CASUALTY AND SURETY COJ\'IPANY OF Al\fEIUCA. the corporation described in and which executed the willlin
instrument: tll.ll he/she knows the corporate sea) of said Company; that the seal aflixcd to said instrument is stIch corporate seal; and thm he/she signed snid instrument as
Attorney-in-Fact by Duthority orthe Board of Directors of said Company; Dnd aflianl did further depose and say thm the Superintendent of Insurance of (he Stale orNew Vmk
has, p\lrSUlU11 to Chapter 882 of the Laws of the State of New York for the year] 939, constituting chapter 28 of the Consolidating Laws of the Slate (If New York as lhe
Insur:mc<: Law llS amended, issued to TRAVELERS CASUALTY AND SURETY COM.PANY OF M..IERICA his/hcr certificate lImt said Company is 'lunliticd \()
become and be accepted as surety or guarantor on all bonds, undertakings, recognizances, guaranties, and other obligatiolls required or permitted by law; and that such
""m~I'h~'MI""..",,,,,. ~~ ~ <"1,,~ /I.' .
~
PATRICIA A. SCHEPPV
NOTARY PUBLIC - STATE OF NEW YORK
NO. 01-80050390
QUALIFIED IN ORANGE COUNTY
MY COMMISSION EXPIRES 04-24-2011-
tn
TRAVELERS CASUAL TV AND SURETY COMPANY OF AMERICA
Hartford, Connecticut 06183
FINANCIAL STATEMENT AS OF DECEMBER 31. 2007
AS FILED WITH THE INSURANCE DEPT. OF THE STATE OF NEW YORK
CAPITAL STOCK $ 6.000,000
ASSETS LIABILITIES
Cash & Invested Cash $ 74,575,111 Unearned Premiums S 830,096,152
Bonds 3,171,426.610 Losses 907,184,263
Stock 14,356.947 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 198,657,602 Other Expenses 34,494,038
Reinsurance Recoverable 7,619,102 Current Federal and Foreign
Net Deferred Tax Asset 43,369,888 Income Taxes 27,676,126
Other Assets 3,744.962 Payable to Parent, Subsidiaries
& Affiliates 58,232,804
Other Accrued Expenses and
Liabilities 200,547,980
Total Liabilities S 2,265,354;108
Capital Stock S 6,000,000
Paid in Surplus 303,297.402
Other Surplus 981,319,576
Total Surplus to Policyholders S 1,290.616,978
Total Assets $ 3,55521,O~6_ Total liabilities & Surplus $ 3,555,971,086
Securities <:<:lrried at $7.996,639 in the above statement are deposited with public authorities, as required by law
POWER OF ATTORNEY
. ' WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
~
TRAVELERSJ
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
S1. Paul Fire and Marine Insurance Company
Attorney-In Fact No.
220461
S1. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 0 0 2 8 6 0 0 6 3
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
Timothy Dean, Dawn Dorien, Stephanie A. Payne, Rachel Y. Minholz, and Camille M. Donato
of the City of W>lrrinePf F>ll1!': , State of Npw Y nrk , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named 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 business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or pennitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instnll~ent to be signed and their corporate seals to be hereto affixed, this
day of March 2009
4th
Farmington Casualty Company
Fidelity and Guaranty lnsurane~ Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
o
~
~
~~
State of Connecticut
City of Hartford ss.
S1. Paul Guardian Insurance Company
S1. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
By:
On this the 4th day of March 2009 ,before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President 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 Surety Company of America, 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 on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2011.
58440-5-07 Printed in U.S.A.
'<<\w C. j~
"- Marie C. Tetreault, Notary Public
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
:ent By:. MORRIS ASSOCIATES;
8454731962;
JtJl-16-09 11 :01AM;
Page 3/8
TOWN OFWAPPINGER
,ROCKING HAM FARMS .... SECTION I, & II
CONCRETE CURB REPLACEMENT'PROJ'ECT
CONTRACT NO. 01
BID FORM
T ,E TOWN RESERVI;S THE RIGHT TO REJECT ANY OR ALL BIDS. EACH 8,ID FORM
S ALL BE ACCOMPANIED BY BID SECURITY (AS DESCRIBED IN THE INSTRUCTION
T BIDDERS).
T THE TOWN BOARD, TOWN OF WAPPINGER, NEW YORK
rsuant to and in compliance with your invitation to bid contained in the Notice to
ntractors dated
(month)
(day)
(year)
th undersigned hereby proposes to furnish aU labor, machinery, equipment, facilities,
to Is, transportation, supplies, materials, insurances, permits, certificates,' tests,
9 arantees, protection of equipment and property and life during construction; as well as
c mpetent and qualified supervision foral1 phases of the work, and other facilities and
th ngs necessary or proper for or incid~ntal to, the Rockingham Farms Section I & \I
C ncrete Curb Replacement Project, Town of Wappinger, as required by and in strict
a cordance with the plans, specifications and all other documents relating to 'Contract No.
D ,for the prices stipulated and as shown on this bid form.
SUN UP ENTERPRISES, INC.
(Individual, Partnership, Corporation or LLC)*
* Circle applicable word
Tie undersigned declares that the bidding .and contract documents have been carefully
e amined and:thata'll things necessary for the completi.on of the work shall be provided.
ceipt of the following addenda is hereby acknowledged:
ADENDUM NO.1
A DENDUM NO.2
A DEN DUM NO.3
A DENDUM NO.4
DATE
1\ \~ \O~
QDURE
- 16 -
..,
,
ent By: MqRRIS ASSOCIATES;
8454731962;
-Jul-16-09 11 :02AM;
Page 4/8
In consideration of,and to induce the award of this contract to him/her, the bidder
ra resents and warrants.that:
(a)
(b)
(c)
Itthis 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 ofthe 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.
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 inali respect fair and without collusion or fraud.
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 orin 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
defau'lter a's 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 Notioe to Proceed or set by the oontract 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.
(9)
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
h"ldu~nient 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 witt'toutaffecting the binding force ofthe 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 -
lent By:. MORRIS ASSOCIATES i
(i)
m
(k)
(I)
8454731962j
. Jul-.16-09 11 :O;~AMj
Page 5/8
That he/she is financially solvent and sufficiently'experienced and competent
to perform the work.
The work can be performed a$ called for by the prqposal and that tne plans
and specifications are in all respects suitable and adequate for the work.
That the facts stated in his/her bid and the information given by him/her are
true and correct in all respects.
That he/she is fully informed regarding all the condition$ affecting the work to
be done and labor and materials to be furnished for the completion of this
contract, ahd 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.
FOR CON,TRACT WORK:
T e Bidder pr:opoSe~' to perform the work required in accordance with the contract
d cuments for:the lump ,sum of:
$
$
IT PRICE 1310:
T e Bidder proposes to perform the wQrk required in accordance with the contract
d cuments for the unit price bid per lineal foot of:
$
$
t- d.D { \ ub
(Figures)
N te: The Uni{Price'Bidwtll,be used toadjust'the Base Bid price up or down as a result
to the actual lineal footage of concrete curb replaced.
- 18 -
--- -- ------~..,-~,
U.......J'"+/vf~U.::.,
.'-'LLL-ID-U~ 11:U~AIVI;
1-'8ge 6/8
U T PRICE BID:
T e Bidder proposes to install asphalt paving (Base 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:
$
~ 00(\ \J6
$
(Figures)
Print Name
AI 0 made a part of this bid is the etta
Sign Bid Here :i.
Title
~~
Official Company Name
Company Mailing. Address \ ~ q 0 '\ R1\l) \f -!> l.S.J
r. '\l_ srrEfT
CITY ~,~ I (\1))\ tv\: ~ STATE ~
Federal Employer Identification No. \ ti - \lo tLJ 3 q]
Telephone No. L-\.(Q J,. I \<60 ~
Fax No. ~ ~o..' ~315
\ ~Cjcb
ZIP CODE
- 19 -
.. --)
~U..l..-IU-V::::::1 II.Ut::.fo\IVI,
..... ...... . . .... , >,J....'- J
(I bidder is a corporation, fill in the following blanks.)
N me and Address of President:
o ganized under the laws of the State of:
N me and Address Of Secretary:
c~~~(/ C~~
N me
and
Addre.ss
of
(If bidder is a Limited Liability Company, fill in the following blanks.)
o anized under the laws of the State of:
N me of Manager or Managing Member:
A ent for SeNice of Process:
dress for Service of Process:
- 20-
..
rd\:J~ 110
Treasurer:
;ent 8y~ MORRIS ASSOCIATES;
8454731962;
" J ul- 1 6 - 09 11: O;~AM;
Page 8/8
s ATE OF NEW YORK
C UNTY OF .. Q ij~ l'o.___
)
)
55:
On the. ~ "\ day of j\l\~ . (}..D"J ~ , before me, the
u dersigned, a Notary Public in and for said State, personally appeared ~,,{~ ~nP)\
rsonally known to me.or proved to mean the basis of satisfactory evidence to be the
ividual whose name is subscribed to the within instrument and acknowledged to me that
h executed the same in his capacity, ahd that by his signature on the instrument, the
ividual, or the person upon behalf of which the individual acted, executed. the
in trument.
~ GMh~
NOTARY PUBLIC
LEIGH ANN SCIRBONA
Notary Public, State of New York
No. 4684970
Qualified in Putnam County
Commissicn Expires Dec. 31, 20ID
- 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 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 pendin;'
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 -
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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: 1
- 27 -
....
TOWN OF WAPPINGER
TOWN CLERK
CHRIS MASTERSON
SUPERVISOR
CHRISTOPHER J. COLSEY
TOWN CLERK'S OFFICE
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
(845) 297-5771
FAX: (845) 298-1478
TOWN COUNCIL
WILLIAM H. BEALE
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
October 21, 2009
H. B Wiltse Excavating rnc
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 $50.00.
Sincerely,
8'-c. ~
John C. Masterson
Town Clerk
~
'*",~
==.:::::...-=_-::-~:::_::..:=.:::::::==--;-'::-.'::::-::7-=::::-;C;":::':,::::":':::":;:::::--""'::-_-;:=':'::-~-=--:-':'=:::::;:---=----=--=::::.:: FOR SECURITY PURPOSES, THE BORDER OF THIS DOCUMENT CONTAINS MICAOPRINTING
50-1139/219
10320
H.B. WILTSE EXCAVATING, INC.
907 Dutchess Turnpike
Poughkeepsie, NY 12603
P~;;::OF . JC?iAh oJ MIJ/~r
'Ai$ ..;.A ;1---------' - .
MAHOPAL NATIONAL BANK
A TOMPKINS COMMUNITY BANK
FOR
R.v~)c. J-,,: Vi .itA '/ M
III 0 .0 3 20111
':02.g..3gB':
THIS DOCUMENT INCLUDES A SECURITY SCREEN ON BACK OF THE CHECK
DATE
"/ __ /6 -- d)
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$ S;O..Ot)
--DOllARS ~
Socur;'I'
Foot"'..
o.tH'Dn
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M'
AUTHORIZED SIGNATURE
TOWN OF WAPPINGER
TOWN CLERK
CHRIS MASTERSON
SUPERVISOR
CHRISTOPHER J. COLSEY
September 16, 2009
TOWN CLERK'S OFFICE
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
(845) 297.5771
FAX: (845) 298-1478
TOWN COUNCIL
WILLIAM H. BEALE
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
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
proj ect.
S incerel y,
C. Masterson
own Clerk
JCM/cf
THOMAS GLEASON INCORPORATED
Water/Sewer Repair - Utility Installation - Rock Removal- Excavating _ Trenching
42 McKinley Lane Poughkeepsie, NY 12601
Phone: 845-454-3730 Fax: 845-454-4556
Email: \;!Ieasonestimatin\;!(a)choiceonemail.com Family Owned and Operated Since 1948
Comments:
Company: mOrr',S CU50U~'
To: ~0 l~-
Re:fuXj\~ h&lII fl)fJ1 S;
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LUtA /-e /' c0 U I u..Jj -
Date:
"7 /15 I () 0; .
Phone:
Fax: 473 ~ 19~2 .
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If you have any questions please call the Estimating Department:
From: Ed Lamando x-I02
-g Brian Nealy x-I 08
Thank you. ~
This transmittal has a total of -L pages excluding cover sheet.
~ent By: MORRIS ASSOCIATES;
8454731962;
Jul-15-09 1 :32PM;
Page 1/1
ADDENDUM NO.1
CONSTRUCTION BID AND CONTRACT FOR
TOWN OF WAPPINGER
ROCKlNGHAMFarms - Section I & II
CONCRETE CURB REPLACEMENT PROJECT
JULY 13, 2009
OTE: This Addendum forms a part of the contrad documents. Acknowledge
receipt of this addendum in the appropriate location on the bid.
he following. information or modifications to the Construction Bid and Contract for the
ockingham Farms - Section I & /I Concrete Curb Replacement Project is being supplied by the
ngineer as a resutt of questions raised by contractors or consultants.
The Contractor shall be responsible to provide home 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 Dutchess County Department of Public Works, a Highway Work
Permit will be r&quired for this project as the contractor will probably be occupying the
right-of~way, if only temporarily to complete this project. Therefore, it wiJIbe 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
paint.
The contractor awal'ded the bid will be required to coordinate with CAMO Poilution
Control as CAMO will be replacing water services in the areas of the curb replacement.
CAMO. will work ahead of the contractor. Upon completlon of CAMO'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.
:\documents\T Wappinger\a W2009\w20903 Rockingham Sec:ll & IIIADOENDUM #1 7.13.o9,doc
Sent By: MORRIS ASSOCIATES;
8454731962;
Jul-15-09 2:50PM;
Page 2/8
ADDENDUM NO.2
CONSTRUCTION BID AND CONTRACT FOR
TOWN OF WAPPINGER
ROCKINGHAM.Farms - Section I & II
. CONCREiE CURS R.EPLACEMENT PROJECT
JULY 15, 2009
Thi.s Addet'ldum forms a part of the contract documents. Acknowledge
receipt of this addendum In the appropriate location on the bid.
following information or modifications to the Construction Bid and Contract for the
kingham Farms...;; Section 1& " Concrete Curb Replacement Project is being supplied by the
ineer as a result of questions raised by contractors or consultants.
astian: Addendum #1 ..~ Part 4 water Services. Based on addehdum the contractor is to
have the asphaftr'~storation for CAMOin 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 ponse: The contractor/bidder shall provide a square foot price for the 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 WapplngerlaW2009\w:20903 Rocklngham SectJ& II\ADDENDUM #2 7-15-09.doc
~t By: MORRIS ASSOCIATES;
MiA MORRIS ASSOCIATES
8454731962;
Jul-15-09 2:50PM;
Page 1/8
ENGINEERING CONSULTANTS, PLLC
. 9 Elks. Lane, Poughkeepsie. New York 12601
Tel:(846)454-3411 Fax: (845) 473-1962
. FAcSIMILE COVER SHEeT
From:
Mike Takacs
........-'-'.~N"'~'....'...
. Ext 53
Date:
2-;s,af
Phone Number:
Urgent
o Reply ASAP
o Please Comment
Please Review
~For Your Information
o As Requested
al pages, including cover sheet
Wl
MMENTS:
.' c.
E: ouments\Forms\faxmeMo,doC
Sent By: MORRIS ASSOCIATES;
8454731962;
Jul-16-09 12:57PM;
Page 1/1
ADDENDUM NO.3
CONSTRUCTIQNBIDAND CONTRACT FOR
TOWN OF WAPPINGER
. ROC KfN.G HAM FARMS - SECTIQNI& II
CONCRETE CURB REPLACEMENT PROJECT
JUL Y16, 2009
This Addendum forms a part of the contract documents_ Acknowledge
receipt of this addendum in the appropriate location on the bid.
a following . information or modifications to the Construction Bid and Contract for the
ckingham Farms - Section I & " Concrete Curb Replacement Project is being supplied by the
gineer as a result of questions raised by contractors or consultants.
uestion: Who saw cuts the trench? If contractor does saw cut please provide footage. (this
refers to trench for water service replacement)
ponse: CAMO will saw cut their own trench.
uestion: WiII.CAMO backfill with 1-4 and contractor to scratch out 6" to install new binder and
top?
sponse: Yas.
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.
\docume1'lts\T WapplngeNl W2009\w20903 Rocki!'lghl'lm $act I & "\ADDENDUM #3 7-16.Q9.doc
l
L (If bidder is a corporation, fill in the following blanks.)
'a
L Organized under the laws of the State of:
l Name and Address of President:
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h Name and Address of Secretary:
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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:
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II.
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
- 21 -
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TOWN OF WAPPINGER
ROCKINGHAM FARMS - SECTION I & "
CONCRETE CURB REPLACEMENT PROJECT
CONTRACT NO. 01
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
j'i
L. Pursuant to and in compliance with your invitation to bid contained in the Notice to
Contractors dated
II.
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(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 & "
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 -
RECEIVED
JUl 2 7 2009
BID BONQ
KNOW ALL MEN BY THESE PRESENTS: that
""'"0''''''1 c.l ~p~..
* 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: .5% of ~tached 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
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 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 Sid 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)
"Insert Bidder's Name
"""Insert Surety's Name
PRINCIPAL
Th-;~eason ~
By 1/ ~
Patrick Gleason, Vice-Presidnet
Signed, sealed and delivered
in the presence of
(Corporate seal of Contractor
if a corporation)
Thomas Gleason Inc
Contractor
;/--4 ~
By_
Patrick Gleason, Vice President
Hartford Fire Insurance Company
By
Carmella K Grassi
(Corporate seal of
Surety)
Attest.~ R.~
(Title of Officer)
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. .""""-"""::'>-;"-':""">"""~-""":">"-"'"""..",.,:".......
STATE OF NEW YORK
COUNTY OF
)
) 5S;
)
***SEE ATI'ACHED ACKNOWLEDGMENT***
On the day of I 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
ACKNOWLEDGMENT OF PRINCIPAL -IF A CORPORATION
STATE OF NEW YORK
COUNTY OF Ulster
} ss
On this ........2.1at..................................day of ....:.J:\\l,y................, .Z009before me personally appeared
....f.lil.t.rJ.c;:.~..c;,l.~.~~.9.~.............................................to be known, who, being by me duly sworn, did depose and
say; that he/she resides at...........f.9.~g~~~.~P.~J~.,...~..................................., that he/she is the ....y.~~~::.........
President of ..........Th~~..~;I..~~~~~..X~H~.............................................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 th~1il!lSiiNsAJ~c:rriCame thereto by like o~rer;
Nota pubDc,-Stiffe(ofN'&VII'V61
Q~.~~~~ lro~~iM3'\"nly 10 ... .. 'fl. .. . .... . ....d.....~..................
Commission Expires Dee. 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 Ulster
} ss
On this ...J~ly...~l,...?:9.9.?................., before me personally came ......~~~~;J;.;J;.~..~..~.~~.~.~J.....................
to me known, who, being by me duly sworn, did depose and say; that he/she resides in
.. ..... ~.:J.~&~.t.Q~.,...~....................... ....... ...................; that he/she is the Attorney-in-Fact of the
. Jkl.:f~t.Q.J;~. 'K"J..:r:.~. . ;I;J;l.~H:r:.~~~.. ~P.J!lP!'W'Y.... .. . " ........... .. . ................ ..... 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 .... .~.~~~~!:~.. ~~~~..~~~~.~~~~.~..~~~~r.................................... 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 ce:;~;;~~;.:;;:. .....~~.f2.~...................
Qualified In Ulster County (./"N~tary Public
Reg. No. 4719731 /0
Commission Expires Dec. 31, 20~
-- -.-- -- - -"-- - - ---- - -.-.- --
Direct Inquiries/Claims to:
PO WER OF A TTO RNEY P.O.B::2~oF~t~~~:~VENUE
HARTFORD, CONNECTICUT 06115
call: 888-266-3488 or fax: 860-757-5835)
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 16 510418
DC] Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
D Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State ofIndiana
o Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
D Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
D Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
D Hartford Insurance Company of Illinois, a corporation duly organized under the laws of tile State of1\1inois
D Hartford Insurance Company of the Midwest, a corporation duly organized under the laws oftbe State ofIodiana
o Hartford Insurance Company of the Southeast, a corporation duly organize;<! under the laws of the State ofFlorida
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 capacity if more than one Is named above, to sign its name as surety(ies) only as
delineated above by 181. and to execute, seal and acknowledge any and all bonds, undertakings. contracts and other written instruments in lhe
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 corporate seals 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.
Paul A. Bergenholtz, Assistant Secretary
?~
STATE OF CONNECTICUT}
ss. Hartford
COUNlY 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; lhat 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.
Scott E. Paseks
NOlary Public
CERTIFICATE My Commission Expires October 3\,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 Attomey executed by said Companies. which Is stillln full force effective as of 01/21/-69 .
Signed and sealed at the City of Hartford.
A
~
'!)~?B~
.
€>
fu0~{---
Gary W. Stumper, Assistant Vice President
,
POA 2005
Hartford Fire Insurance Company
Hartford, Connecticut
Financial Statement, December 31,2008
(Statutory Basis)
ASSETS
U.S. Government Bonds ................ $
Bonds of Other Governments........ ...
State, County, Municipal and
Miscellaneous Bonds.........
Stocks ..........................
Short Term Investments...... ..........
Real Estate ............................... $
Cash................................. ......
Agents' Balances (Under 90 Day......
Other Invested Assets...................
Miscellaneous.................... ........
Total Admitted Assets ................. $
STATE OF CONNECTICUT
COUNTY OF HARTFORD
CITY OF HARTFORD
}
$
LIABILITIES
117,910,785 Reserve for Claims $
237,203,342 and Claim Expense......... 7,020,232,322
Reserve for Unearned Premiums ..... 2,056,346,836
12,049,123,830 Reserve for Taxes, License
5,795,780,851 and Fees ...................... 68,618,203
264,042,242 Miscellaneous Liabilities............. 2,816,958,276
18,464,061,050 Total Liabilities...... ... ...... ....... $ 11,962,155,637
112,146,840 Capital Paid In $ 54,740,000
117,780,180 Surplus........ .. 12,436,717,229
2,740,719,641
581,187,308 Surplus as regards Policyholders... $ 12,491,457,229
2,437,717,847 Total Liabilities, Capital
24,453,612,866 and Surplus ................. $ 24,453,612,866
ss.
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.
'/$t-- 'A /~)-6
Nora M. Stranko
Notary Public
My Commission Expires March 31. 2013
Form CS-19-37 HF Printed in U.S.A.
fCf2-
M. Ross Fisher, Assistant Vice President
A-zt~~ A-. (tAAA~
Patricia A. Murrone, Assistant Secretary
i
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BID BOND
,
I.
If a bond is used, the form bound in this manual should be used. No other form
~
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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.
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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 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
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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.
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I affirm these statements under penalty of perjury.
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DATE:
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BIDDER'S SIGNATURE:
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DIVISION 300
CONTRACT
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In consideration of, and to induce the award of this contract to him/her, the bidder
represents and warrants that:
(a) If this bid is accepted by the Town Board, Town of Wappinger, as evidenced
by issuance of a Notice of Award by the Owner, and mailed by registered
mail with return receipt requested to the address of the bidder as indicated
on his/her bid, the bidder will execute a contract on the form of agreement
herein provided and will comply with all provisions of said Notice of Award.
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(b)
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(c)
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(d)
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(e)
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(g)
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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.
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.
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.
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.
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.
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.
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.
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(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.
(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:
$
(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.
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I Also made a part of this bid is the attached documentation per Division 100, Article C.3.
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Sign Bid Here
AUTHORIZED SIGNATURE
Print Name
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Official Company Name
(Individual, Partnership, Corporation, LLC)*
* Circle applicable word
1.
Company Mailing Address
STREET
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CITY
STATE
ZIP CODE
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Federal Employer Identification No.
Telephone No.
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Fax No.
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MORRIS ASSOCIATES
ENGINEERING CONSULTANTS, PLLC
.9 Elks Lane, Poughkeepsie, New York 12601 Tel: (845) 454-3411 Fax: (845) 473-1962
o 64 Green Street. Suite 1, Hudson, New York 12534 Tel: (518) 828-2300 Fax: (518) 828-3963
May 5, 2011
Town of Wappinger Town Board
Town Hall
20 Middlebush Road
Wappingers Falls, NY 12590
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MAY 0 5 2011
Attn: Hon. Christopher Colsey, Supervisor
TOV'Jf\l
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f\lGER
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RE: Rockingham Farms, Section I & II
Curb Replacement Project
Application and Certificate for Payment #4
Dear Mr. Colsey:
Enclosed please find the Application and Certificate for Payment #4 in the
amount of $6,869.17 which reflects 5% retainage held by the Town on this project. We
conducted a final inspection of the project and find that the curbs are in excellent
condition and therefore recommend that the Town release the retainage. Also,
attached is the Town of Wappinger Purchase Order & Voucher form.
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,
Wappinger
Ene.
Cc Albert Roberts, Attorney to the Town (bye-mail w/enc)
John Masterson, Town Clerk (bye-mail w/enc)
Frederick Awino, Town Accountant (bye-mail wI enc)
Graham Foster, Town Highway Superintendent (bye-mail wI enc)
E:\documentsl T Wappingerla W20081W20852 Rockingham Subd - Blacktop & Curb Replacement\Payment Request #4 Itr to Colsey 5-5-11.docx
APPLICATION AND CERTIFICATE FOR PAYMENT
TO (Owner): PROJECT:
Town of Wappinger Rockingham Farms
20 Middlebush Road Section I & II
Wappingers Falls, NY 12590
FROt.! CONTRACT FOR:
THOMAS GLEASON INe
42 MCKINLEY LANE
POUGHKEEPSIE, NY 12601
CONTRACTOR'S APPLICATION FOR PAYMENT
PAGE ONE OF FOUR PAGES
APPLICATION NO: 4 Distribution to:
o OWNER
PERIOD FROM: 10/23/2009 CJ ARCHITECT
TO: o CONTRACTOR
o
o
ARCHITECT'S
PROJECT NO: MA W20903.OO
CONTRACT DATE: 8/2112009
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CHANGE ORDER SUMMARY
Change Orders approved ADDITIONS DEDUCTIONS
in previOUS months by
owner
TOTAL $ -
Approved this Month $ - $ -
Numbs Date AllPI'oved $ - $ -
1 10116/2009 $ 3,270.00 $ -
2 10/29/2009 $ 10,613.50 $ -
$ - $ -
$ . $ -
$ 13,883.50 $ -
TOTALS $ -
Net change by Change Orders
The understanding Contractor certifies that to the belt of his knowledge,
Information and bellef the war1\. covered by thll Appllcation for
Payment has been completed in aocordanee with the Conlnlct Qoeu-
ments, that all amoums have been paid by him for Work for whk:l1
previous Cartlflcatas for Payment were issued and payments received
from the Owner, and that current payment shown herein ill now ckle.
Dete: 5- 3- \ ,
ARCHITECTS CERTIFICATE FOR PAYMENT
In accordance with the Contract Documents, based on on-site obser-
vation and the data comprising the above application; the Architect
certifies to the Owner that Work has progressed to the point
indicated; that to the best of his knowledge, information and belief,
the quality of the Work is in accordance with the Contract Docu.
ments; and that the Contractor is entitled to payment of the AMOUNT
Certified.
Application Is made for payment, 88 shown below, In connection with the ConInlct.
Continuation Sheet. AlA Document G703, is attached.
The present status of account for this Contract Is as foHows:
1 ORIGINAL CONTRACT SUM........................................
$
$
$
123,500.00
13,883.50
137,383.50
3 CONTRACT SUM TO DATE.......................................
$137,383.50 I
137,383.50
130,514.33
6,869.17
9 BALANCE TO FINISH, INCLUDING RETAINAGE.............
$
2 Net change by Change Order...... ...... ............ ............ '"
4 TOTAL COMPLETED & STORED TO DATE...................
(Column G on G703)
5 RETAiNAGE 0 %...................................................... $
or total in Column I on G703
6 TOTAL EARNED LESS RETAINAGE............,................ $
7 LESS PREVIOUS CERTIFICATES FOR PAYMENT......... ...
$
$
8 CURRENT PAYMENT DUE...,.....................................
County of. ~~.J,~~ 1IIrANNlAtT '''"1'C .. .'
dayo~20 'I 'tmrAlft'POBLICSTAmOFNEWYOR
No. 01NBl1081012
~JCA'lE I'ILED DU:rom;SS CqVN.
N EXPIBES 9-3()'20.t~
$ 6,869.17
3
/"
Date: ;)
IFIED is payable on to the Contractor
payment are wft/lOut prejudioe to any
CONTINUATION SHEET
In tollulallon Ilelow, amounto _ SI8lad 1ll1ha n..rest_.
PROJECT NAME
Rockingham Farms
Secion I & II
APPLICATION NO:
APPLICATION DATE:
PERIOD TO:
ARCHITECTS PROJECT NO:
4
5/3/2011
APPliCATION AND CERTIFICA1'E FOR PAYMENT, conI.lnlng
Conlnld.... 5Ignod ~Ion ,. atta<:l1ed.
Use Column 1 on CG1llrms ""'""' varlable reloln81l0 for line KOIl\!l "'a~ apply.
Work Completed
ITEM DESCRIPTION OF WORK SCHEDULED LS FROM THIS PERIOD MATERIALS TOTAL % 0%
NO. VALUE Each PREVIOUS PRESENTLY COMPLETED Compelete Retalnage
Or APPLICATION STORED AND STORED
Foot TO DATE
1 Lumo Sum Base Bid $ 123,500.00 LS $123,500.00 $ - $ - $ 123,500.00 100% $ -
00#1 218 If of Curb $ 3,270.00 LS $ 3.270.00 $ - $ - $ 3.270.00 100% $ -
co #2 additional curb/asohalt $ 10,613.50 LS $ 10613.50 $ - $ - $ 10.613.50 100% $ -
'.
TOTALS: $ 137,383.50 $137,383.50 $ - $ - $ 137,383.50 $ -
am:
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07/02/2007 13:40
8452977214
COHPTROLLER
PAGE
131/01
TOWN OF WAPP&NQ!A, NY
P.O. Box 324, Mldd/ebush Road
Wapplngers Falls. N. Y. 12590
i=>urCM>e
Old.! No,
DO NO T W~JrE fN THIS eox
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FUND. APPP:OPR1ATION AMOUNT
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TOTAL i
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A15STRACTNO. I I
F'URCHASE ORDER & VOUCHER
CLAIMANT'S
NAMe ANO
AOO~EiSS
THOMAS GlEASON, INC,
42 :1,;lc:<iNLEY LANE
POUGHKEEPSIE, NEW YORK 12601
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VCNOOR'S
FtEFNO
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DAiES QUANTiTY DEsCFtIFilON or: MA"~IAI.S OR SEtwlCES UNIT FRICE i AMOUNT
S(?4 { I R CGt (...:r, HAM. t-AUl-t? t'2 E""\" A. { 1J?\ (i,E <:, ('be; \'\
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J TOTAL I ~~(,q.r)..I
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hli ~.nd~; Ii'll! "'" IlllPM,~, 11M lllablJrMlfllInlll e~'\!O<i _ Nnlllll'lOll IQ or frJr fhe. n'WnlclP!llfly 0fI11'If, (I.IM Ileled: lnal nQ pari hM been Plllct Of Da<<an~: Ihlll14~', fn:><Tl w!1~ 1M
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OA~ ~~~ FE
IS PACE SEL.~ FOR MUNICI;:OAI. lJSi:) i
APPROVAL FOR FA YM5Nr
Thill <".I11lrn i~ &;l!ml\lQll pOle! fl'O"" I!oID OI'I'",priCltlo"b i"dlost"d elx>ve
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CEPARTMENT A.P'PROVAL.
The above services or materials we~ rendered, or
furnished to the municipality on the. dates st!ted and the
oliarges are correct
DATE
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