Challenger Field
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Bid
BIDDER
Name
SI IN UP ENTERPRISES, INC.
1607 Route 376
V'l~ppingers ralls, N\{ 12590
Address
Phone and Fax -Pho~} 4lP d- l~ 0\.\ Fo" 4.(J a b~ 1 S
Date (p \ (0 \ \l
PROJECT: Town of Wappinger
Robinson lane Baseball Field
Community Development Block Grant
OWNER: Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
1.01 The undersigned BIDDER proposes and agrees, if this Bid is' accepted, to enter into an
agreement with the OWNER in the form included in the Contract Documents to perform
and furnish all work as specified or indicated in the Contract Documents for the Contract
price and within the Contract Time indicated in this Bid and in accordance with the other
terms and conditions of the Contract Documents.
2.01 BIDDER accepts all of the terms and conditions of the Invitation to Bid and Instructions to
BIDDERs. This Bid will remain subject to acceptance for sixty (60) days after the day of
Bid opening. BIDDER will sign and submit the Agreement and other 'documents required
by the Bidding Requirements within seven days after the date ,of the OWNER's Notice of
Award.
3.01 In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:
A. BIDDER has examined and carefully studied copies of all the Bidding Documents,
the other related data identified in the Bidding Documents, and the following Ad-
denda (receipt of all which is hereby acknowledged):
Date
Date
Date
Date
S\ac\ \ \
a
Number
Number
Number
Number
B. BIDDER has familiarized itself with the nature and extent of the Contract Docu-
ments, work site, locality, and all local conditions and laws and Regulations that in
any manner may affect cost, progress, pertormance, or finishing of the work.
00310..1
C. BIDDER has obtained and carefully studied (or assumes responsibility for obtain-
ing and carefully studying) all such examinations, investigations, explorations, tests
and studies which pertain to the physical conditions at the site or otherwise may af-
fect the cost, progress, performance or furnishing of the work as BIDDER
considers necessary for the performance or furnishing of the work at the Contract
Price, within the Contract Time, and in accordance with the other terms and condi-
tions of the Contract Documents, including specifically the provisions of Paragraph
4.02 of the General Conditions (and reports or drawings of Hazardous Environ-
mental Conditions, if any, as provided in paragraph 4.06 of the General
Conditions); and no additional examinations, investigations, explorations, tests, re-
ports, or similar information or data are or will be required by BIDDER for such
purposes.
D. Contract Time and Liquidated Damages
The Contract Time commences to run as provided in paragraph 2.03 of the Gen-
eral Conditions and completed and ready for final payment in accordance with
paragraph 14.07 of the General Conditions as specified in the Agreement.
CONTRACTOR shall pay OWNER as specified in the Agreement for each calen-
dar day that expires after the time specified in Agreement for milestones and for
completion and readiness for final payment.
E. BIDDER has reviewed and checked all information and data shown or indicated on
the Contract Documents with respect to existing Underground Facilities at or conti-
guous to the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examinations, investigations, explorations,
tests, reports, or similar information or data in respect of said Underground Facili-
ties are or will be required by BIDDER in order to perform and furnish the work at
the Contract Price, within the Contract Time, and in accordance with the other
terms and conditions of the Contract Documents, including specifically the provi-
sions of Paragraph 4.04 of the General Conditions.
F. BIDDER has correlated the results of all such observations, examinations, investi-
gations, explorations, tests, reports, and studies with the terms and conditions of
the Contract Documents.
G. BIDDER has given ENGINEER written notice of all conflicts, errors, or discrepan-
cies that it has discovered in the Contract Documents and the written resolution
thereof by ENGINEER is acceptable to BIDDER.
H. This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm, or corporation and is not submitted in conformity with any agreement
or rules of any group, association, organization, or corporation; BIDDER has not di-
rectly or indirectly induced or solicited any other BIDDER to submit a false or sham
Bid; BIDDER has not solicited or induced any person, firm, or corporation to refrain
from bidding; and BIDDER has not sought by collusion to obtain for itself any ad-
vantage over any other BIDDER or over OWNER.
00310-2
I. Non-Payment Of Contract Items
BIDDER understands and agrees to provisions for non-payment of monies as out-
lined in the Special Conditions for failure to complete a temporary erosion control
measures, dust control, and/or maintenance and protection of traffic. This non-
payment will be a permanent deduction from the total monies paid under this con-
tract.
J. BIDDER understands and agrees to pay OWNER one hundred dollars ($100) for
each calendar day that expires after the notification and time specified in the
Agreement for completion of restoration and/or temporary erosion control meas-
ures.
4.01 The BIDDER understands and agrees that the estimated quantities for unit Bid prices, if
any, are to be considered as approximate only. The OWNER does not expressly or by im-
plication agree that the actual quantities will correspond therewith and reserves the right to
increase or decrease any quantity or to eliminate any quantity as he may deem necessary.
Neither the OWNER nor the BIDDER will be entitled to any adjustments in a unit Bid price
as a result of any change in quantity unless that change exceeds 150/0 of the estimated
quantity and equals or exceeds $25,000, and BIDDER agrees to accept the aforesaid unit
Bid prices as complete and total compensation for any additions or deductions caused by
a variation in quantities as a result of more accurate measurement, or by any changes or
alterations in the Work ordered by the OWNER, and for use in computing the value of the
Work performed for progress payments for changes that vary within the adjustment limits
stated above.
The undersigned further understands that there will be a review and negotiation of the unit
Bid price whenever the actual quantity for that particular unit price Item varies by more
than 150/0 from the Bid quantity, or by $25,000 or greater.
5.01 BIDDER further agrees that the OWNER has the right to delete Bid items and/or Bid Sec-
tions and may add Alternate(s) prior to or after award if the OWNER deems this to be in
the OWNER'S best interest.
6.01 BIDDER agrees to entire dollar amount, even if it is zero ($0), for each Alternate. (Do not
leave an alternate bid amount blank.)
7.01 BIDDER also agrees that the OWNER reserves the right to award this project to the
lowest responsible BIDDER on the basis of the sum of the Base Bid, and any, all, or
none of the Alternates listed in the Bid (if Alternates are applicable). The Town has ap-
proximately $150,000 available to fund this project and intends to award the base
bid and as many of the alternates in the order listed totaling less than the available
funds.
8.01 BIDDER will complete the work for the following price(s) as stated in the attached Bid Pro-
posal.
0031 0-3
9.01 The Town of Wappinger has been and will continue to be an equal opportunity organiza-
tion. All qualified Minority and Women-Owned Business Enterprises (MWBE) suppliers,
contractors and/or businesses will be afforded equal opportunity without discrimination be-
cause of race, color, religion, national origin, sex, age, disability, sexual preference or
Vietnam Era Veterans status. The BIDDER shall comply with the material specifications
and the Standard Clauses for NYS Contracts, Clauses Required by Office of Parks,
Recreation and Historic Preservation and Equal Employment Opportunity Policy State-
ment appended to the specifications.
10.01 The project is in part funded by a Community Development Block Grant administered by
the Dutchess County Department of Planning.
0031 0-4
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Non-Collusive Bidding Certificate
In accordance with the provisions of Section 103-d of the General Municipal Law as amended, the
following "Non-Collusive Bidding CertificateU is and shall become a part of this proposal: (a) 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 organizations 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 been knowingly disclosed by the BIDDER and will not knowingly be disclosed by the
BIDDER prior to opening, directly or indirectly, to any other BIDDER or to any competitor; and (3)
no attempt has been made or will be made by the BID to induce any other person, partner-
ship, or corporation to submit or not to submit a bid feR r sa of restriction of competition.1I
Signature and Title
In accordance with the provisions of Section 1 03- of the General Municipal Law the following
clause is hereby inserted to provide:
IIThat upon the refusal of a person, when called before a grand jury to testify concerning any
transaction or contract had with the State, any political subdivision thereof, a public authority or
with any pubic department, agency, or official of the State or of a public authority, to sign a waiver
of immunity against subsequent criminal prosecution or to answer any relevant question concern-
ing such transaction or contract, (a) such person, and any firm, partnership, or corporation of
which he is a member, partner: director or officer shall be disqualified from thereafter selling to or
submitting bids to or receiving awards from or entering into any contracts with any municipal cor-
poration or any public department, agency, or official thereof, for goods, work, or services, for a
period of five years after such refusal, and to provide also that (b) any and all contracts made with
any municipal corporation or any public department, agency, or official thereof, since the effective
date of this law, by such person, and by any firm, partnership, or corporation of which he is a
member, partner, director, or officer may be, canceled or terminated by the municipal corporation
without incurring any penalty or damages on account of such cancellation or termination, but any
monies owing by the municipat corporation for goods delivered or work done prior to the cancella-
tion or termination, but any monies owing by the municipal corporation for goods delivered or work
done prior to cancellation or termination shall be paid.1I
JUN ) 6 ^
00310-7
If BIDDER is:
An Individual
By
(SEAL)
doing business as
Business Address:
(Individual's Name)
Phone Number:
A Partnershio
By
(SEAL)
(Firm's Name)
Business Address:
(general partner)
Phone Number:
A Corporation
By
SUN UP ENTERPRISES, INCe
(SEAL)
(Corporation Name)
(State of Incorporation)
By
~
(Title)
Business Address:
. SUN UP ENTERPRISES~fNtE3tary)
10U7 Kaura 376
Wappiogers Falls. NYl2G~f L\ 0 ';}... \ f 0 ~
Phone Number:
A Joint Venture
By
By
(Name)
(Address)
(Name)
(Address)
(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a
joint venture should be in the manner indicated above).
0031 0-8
PENAL SUM FORM
BID BOND
'.. BIDDER (Name and Address):
SUN UP ENTERPRISES. INC.
1607 Route 376
Wappingers Falls, New York 12590
SURIITY (Name and Address of Principal Place of Business}."
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
300 Windsor St
Hartford, Connecticut 06120
O'NNER (Name and Address):
TOWN OF WAPPINGER
20 Middlebush Rd
Wappingers Falls, New York 12590
BID
BID DUE DATE: May 30th. 2011
PROJECT (Brief Description Including Location):
Robinson Park CHallenger Field
BOND
---OOND NUMBER: 20110530TOW
DATE: (Not later than Bid Due Date).. May 17th, 2011
PENAL SUM: ~FIVE PERCENT (5%)
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse
.sicJe hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
BIDDER
SURETY
, ~~!!~~ EJ?te!]~~.is
Bidder's Name and C
____._ _._ __ (Sea f)
Travelers Casualty and
_.~~..~ety Company of America (~lf:2r)
Surety's Name and Corporate Seal
B' · ~ ~C"v~-'o,..,
y. _..::_--~ -~----
"gnature and THl€f-D.... ne Rutyna,
( ttach Power of At rney) At torney- I 11-. Pac t
By: _<__
Attest:
Signature and Title Dawn Dorien,
Attorney~In-Fact
Attest:
~ote: (1) Above addresses are to be used for giving required notice.
(2) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where
applicable.
EJCDC NO. 1910-2S-C (1990 Edition)
JUN 0 6
1.. Bidder and Surety, jointly and severally, bind them-'
selv'es,' their heirs, executors, administrators, succes-
SOrs and assigns to pay to Owner upon default of
Bidder the penaJ stun set forth on the face of this Bond.
2.. Default of Bidder shall occur uJX>n the failure of
Bidder to deliver within the time required by the
, Bidding Documents the executed Agreement required
by the Bidding Documents and any performance and
,payment bonds required by the Bidding Documents
and Contract DocUments..
.3. This obligation shaJI be null and void if:
3;1.. Owner accepts Bidder's bid and Bidder deliv-
ers within the time required by the Bidding
Documenls (or any extension thereof agreed 10
in writing by Owner) tbe executed Agreement
required by the Bidding Documents and any
perfonnance and payment bonds required by
the Bidding Documen(s and Contract Docu-
ments, or
3:2. An bids are rejected by Owner, or
3..3. Owner fails to issue a notice of award to Bidder
within the time specified in the Bidding Docu-
ments (or any extension lhereof agreed to in
writing by Bidder and~ if applicable, consented
to by Surety when required by paragraph 5
hereof).
4~ Payment under this Bond will be due and payabJe
upon default of Bidder and within 30 calendar days
flfter'receipt by Bidder and Surety of written notice of
oefault from Owner, which notice wi.1I be given Wilh
reasonable promptness) identifying this Bond and th~
Project and including a statement of the amounl due..
5. Surety waives not ice of and any and all defenses
based on or arising out of any time extension lo issue
notice of award agreed 10 in writing by Owner and
Bidder., provided that the time for issuing nolice of
award inc.::luding extensions shall not in the aggregate
exceed J20 days from Bid Due Date without Surely's
writt.en consent
6. No SU;I or action shall be cOlnmenced under' this
Bond prior to 30 calendar days after the not ice of
default required in pardgraph 4 above is received ,by
Bidder and Surety, and in no case later than one year
after Bid Due Date4
7. Any suit or action under lhis Bond shall be com-
menced only in a court of competent jurisdiction lo-
cated in the state in which lhe PrpjecI is located.
&. NotiCe required hereunder shall be in writing and
sent to Bidder and Surety at their respective addresses
shown on the face of this Bond. Such notices ma.y be
sent by personal delivery~ commerciaJ cowier or by
United States Registered or Certified Mail, return re-
ceipt requested, postage pre-paid.. and shall be deemed
to be effecllve upon receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a
C1Jrrenl and effective Power of Altorney eyidencing the
authority of the officer, agent or represenlative. wh<;l
executed this Bond on behalf of Surety to execute, seal
and deliver such Bond and bind the Surety thereby. .
JO. This Bond is intended to conform to all applicable
statutory requirements. Any applicable requirement of
any applicable statute that has been of!1jtted from this
Bond shaJl be deemed to be included herein as if sel
forth at length.. )f any provision of lhe Bond conflicts
with any applicable provision of any applicable statute,
then the provision of said statue shall govern and the
remainder of this Bond that is not in conflict lherewith
shall conlinue in full force and effect4
11. The term '~bidn as used herein includes a bid., offer
or proposal as applicable.
r"'.
,
EJCDC NO. 191~28-C (1990 Edition)
T1V\VELERS C:,ASUALTY r\1\1J) SlJRlrrV CO~fP.:\NY OF AJ'dEFJCA.
lIA..R'fli"'OR])) CT. 06183
LEIGH SCIRBONA
NOTARV PUBLIC-STATE OF NEW YORK
No, 01 SC4684970
Qualified In Dutch... County
Oil this 17 th day of May .20 11 , bcfi)(c Ole pcr:ionaHy :lppt3rcd Harold BlfcMY1.0tmrtt"lfon Explr.. Ceo.rn~.r a1, 2Q14
to nlC known. who, being by TllC duly SWUn1, deposes and $::'Y~: TI13t he/she resides in the City of P oughke ep S J.. e
that hc/she is the President of Sun Up Enterprises, Inc. , [he
Cc)rpoTiiiion uestTibcd in and which execuled the \vithin insrrLlrncnt~ thai he!she knows fhe seal of said corporation; that I lie sc;;1 nflixed 10 $aiu instrument is $t!~h corporate
,c a I; Ih31 i I was 50 a fiix ed by order of the Board or Direct ors of sa id corporar i on. and Ih" I hdshe 5 i gned hisihcr nam: lh"TeIO by li . C i.,rdCT; f'--
I ._.Xt:L.~------_.
A TTO R;.f EY...IN-FAC'r JUSTJFICA Tl0N
P RJNCI P A l.IS A CKNOWLEDG!\-] ENT - J F ,\ COJtP ORA TI ON
Stare llfNew York, COUJllY of \::J)~;)1 I SS.
PRli\CIPAL'S ACKr,'O\VLED(;~1E.'iT -IF INnlViDUAL on Flit\'l
Slace: ofNe:w Ymk. County of
) :is.
On ~hi5 da}. of , 20 , hei'tire nle, pCl'scJIlaHy appc::m::u tf) lnc
knQ\\11 to be (the individual) (one or the: timl of llt:scr:bcd in anti ,vho executed Ihe ';\Iithin
instrutTIcnt, nnd hcf5hc there'Upon tluly acknowledged to me that hd~hc e:u'cuH:U the 53I11C (as (he 3et und deed of soid finn).
SURETY CO:\.lPANytS ACKNO\'/LE'DG~"JENT
Stntc of New York, Coumy of Du t che s s
\ ss.
,
<)n this 17 th day of May , 20 11 < ,before me personally appeared Dianne Ru tyna ll)
Ine known, whoI' being by me duly s.worn. did dept>se and say: -111at hci~he resides in the City of Hop ewell June tion ;
that he/she is Altomey..in"Fact of TRA:VELKRS CASUALTY, At~I;> SURR"fV COt\-fPANY OF Ai\fERJC.A, the corporation dcscJibed in and which executed lhe within
instrument; that he/she knows the corporate seal of said Company~ that thcscal afth;ed 10 said instrml1cnt is such corpof:1te sC3i; :U1d that he/she signed said in~lilnjJnc:'t a.s
AUomey..in"Fncl by authority of the Ooard of Directors or said COml)~l1"Y; 'and affiant did Iltnhcr depose and say that the SUpt.nTIlendenl of tnsur::m~e of the State of New )'l)rl.:
MS, purSuant to Chapter 882 of the 1..1l\Vs or the State of New Yurk {t)f the-year 1939, constll'uling ch.:lpCcr 28 of the ConsQlhl~Hing Laws of (he Slale of New York as (he
l11sunmce Law as amended. issued to TRA YELERS C,.\StJAL TI1 AND SURETY CO~'VIPANY OF ...\1\IERICA his/her certificate lhat said Conlpany ;s qu::.Hficd to
become nnd be accepted as surety or gu:u1mtOt' on aU bonds, undertakings. rccogni24.111ce.s, guaranties, ~lnd \)~her obligations required crolittcd law; and that sueli
certificate has not been revoke(r. ' + , " , .- - + -. ,~. " .. -. .. .. .." -- .... d' '" '.- '.. '.... '..' . -, J' 1 ,/ ,'" ,
STEPHANie A. :meubHc
NOTARY PUBLIC-STATE OF NEW YORK
No.01PA6207117
FINANCIAL STATEMENT AS OF DECEMBER 31 2008 Qu~lIfjed In Orange County
AS FILED WITH THE INS'URANCE DEPT. OF THE STATE OF NEW YORK rviy Commission Expires June 08, 20 I ..3
CAPiTAL STOCK $ 6,000,000 -
TRAVELERS CASUALTY AND SURETY COMP.A.NY OF AMER1CA
. +_ "., '.,' ~, ~_' :~ :," 8a.rt{oi.d,~.C.9iVledjcut06183: ~. ~ :
ASSETS liABiliTIES
Cash & Invested Cash $ 146, 779,72~' , t)I1earned Premiutns S 846,309,219
Bonds 31452,929.381 Losses 822,955,804
Stock - '7',586,626 ' 'Loss Adjustment Expenses 276.222.162
Investment ~ncome Due ,,' .-' .Commissions 5~. 167,066
and Accrued 46,660,631 . Taxes, Ucenses and Fees 43,371,400
PrerniUlTI Balances 303,562,195 Olher ~penses 29,247,064
Re insurance Recoverable. 12,426,353, . Current Fedetal and Foreign,
Net Deferred Tax Assel 40,073,233 , Income Taxes 104,163.980
Other Assets 86.225,430 Funds Held Under Reinsurance
Treaties 105,982,816
Other Accrued Expenses and
Liabilities 80,894,170
Total UabilHies S 2.361,313,681 .
Capital Stock $ 6,000.000
Paid in Surplus 303,297,402
Other Surplus 1,425,632,488
'Tola!' Surplus'to Policyholders $ 1,734.929.890
Total Assets $ 4,096,243,572 Total LIabilities & Surplus $ 4,096.243t572
Se,curities carried at 56.059)054 in the above statement are deposHed, with public authorities, as required by jaw
WARNING: THJS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
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TRAVELERSJ
POWER OF ATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
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
United States Fidelity and Guaranty Company
Attorney-In Fact No.
222711
Certificate No. 0 0 3 8 2 7 0 51
KNOW ALL MEN BY THESE PRESENTS: 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, thatUnited 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 Insumnce Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the uCompanies"), and that the Companies do hereby make, constitute and appoint
Timothy Dean, Dawn Dorien, Stephanie A. Payne, Rachel Y. Minholz, Camille M. Donato, Dianne Rutyna, and Kari M. Martin
of the City of Wappinger Falls , State of New York , 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 their business of guaranteeing the fidelity of persons, guaranteeing the perfonnance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
d f August 2010
ay 0 ,.
10th
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
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
United States Fidelity and Guaranty Company
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State of Connecticut
City of Hartford 58.
By:
10th August 2010
On this the day of , before me personally appeared George W. Thonlpson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fide~ity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., 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 Conunission expires the 30th day of June, 2011.
'\f\w e. j~
'- Marie C. Tetreault, Notary Public
58440..4-09 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALJD WITHOUT THE RED BORDER
WARNJNG: THIS POWER OF ATTORNEY IS JNVALlD 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 Fannington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., 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 Chainnan, 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 (qnder 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, Korl M. Johanson, the undersigned, Assistant Secretary, of Fannington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance C()mpany, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and Uniteq~~tes Fic!elity and G~ty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies, whichi~ infull forr;e. and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affIX~d the seals of said Companies this 17 th
May
,20 Jj
Kori M. Johans
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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.
WARNJNG: THJS POWER OF ATTORNEY JS JNVAUD WITHOUT THE RED BORDER
JUN () 6
Bid
BIDDER
Name Arold ConF;truction (;0., Tnc.
Address 51 Powder Mill Bridge Rd.
Kingston, NY 12401
Phone and Fax
845-336-8753
Date
6/3/11
PROJECT: Town of Wappinger
Robinson Lane Baseball Field
Community Development Block Grant
OWNER: Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
1.01 The undersigned BIDDER proposes and agrees, if this Bid is' accepted, to enter into an
agreement with the OWNER in the form included in the Contract Documents to perform
and furnish all work as specified or indicated in the Contract Documents for the Contract
price and within the Contract Time indicated in this Bid and in accordance with the other
terms and conditions of the Contract Documents.
2.01 BIDDER accepts all of the terms and conditions of the Invitation to Bid and Instructions to
BIDDERs. This Bid will remain subject to acceptance for sixty (60) days after the day of
Bid opening. BIDDER will sign and submit the Agreement and other documents required
by the Bidding Requirements within seven days after the date of the OWNER's Notice of
Award.
3.01 In submitting this Bid, BIDDER represents, as more fully set.forth in the Agreement, that:
A. BIDDER has examined and carefully studied copies of all the Bidding Documents,
the other related data identified in the Bidding Documents, and the following Ad-
denda (receipt of all which is hereby acknowledged):
Date 1) / ? n / 1 1
Date
Date
Date
Number 1
Number
Number
Number
B. BIDDER has familiarized itself with the nature and extent of the Contract Docu-
ments, work site, locality, and all local conditions and Laws and Regulations that in
any manner may affect cost, progress, perlormance, or finishing of the work.
00310-1
C. BIDDER has obtained and carefully studied (or assumes responsibility for obtain-
ing and carefully studying) all such examinations, investigations, explorations, tests
and studies which pertain to the physical conditions at the site or otherwise may af-
fect the cost, progress, performance or furnishing of the work as BIDDER
considers necessary for the performance or furnishing of the work at the Contract
Price, within the Contract Time, and in accordance with the other terms and condi-
tions of the Contract Documents, including specifically the provisions of Paragraph
4.02 of the General Conditions (and reports or drawings of Hazardous Environ-
mental Conditions, if any, as provided in paragraph 4.06 of the General
Conditions); and no additional examinations, investigations, explorations, tests, re-
ports, or similar information or data are or will be required by BIDDER for such
purposes.
D. Contract Time and Liquidated Damages
The Contract Time commences to run as provided in paragraph 2.03 of the Gen-
eral Conditions and completed and ready for final payment in accordance with
paragraph 14.07 of the General Conditions as specified in the Agreement. <
CONTRACTOR shall pay OWNER as specified in the Agreement for each calen-
dar day that expires after the time specified in Agreement for milestones and for
completion and re.adiness for final payment.
E. BIDDER has reviewed and checked all information and data shown or indicated on
the Contract Documents with respect to existing Underground Facilities at or conti-
guous to the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examinations, investigations, explorations,
tests, reports, or similar information or data in respect of said Underground Facili-
ties are or will be required by BI DOER in order to perform and furnish the work at
the Contract Price, within the Contract Time, and in accordance with the other
terms and conditions of the Contract Documents, including specifically the provi-
sions of Paragraph 4.04 of the General Conditions.
F. BIDDER has correlated the results of all such observations, examinations, investi-
gations, explorations, tests, reports, and studies with the terms and conditions of
the Contract Documents.
G. BIDDER has given ENGINEER written notice of all conflicts, errors, or discrepan-
cies that it has discovered in the Contract Documents and the written resolution
thereof by ENGINEER is acceptable to BIDDER.
H. This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm, or corporation and is not submitted in conformity with any agreement
or rules of any group, association, organization, or corporation; BIDDER has not di-
rectly or indirectly induced or solicited any other BIDDER to submit a false or sham
Bid; BIDDER has not solicited or induced any person, firm, or corporation to refrain
from bidding; and BIDDER has not sought by collusion to obtain for itself any ad-
vantage over any other BIDDER or over OWNER.
0031 0-2
I. Non-Payment Of Contract Items
BIDDER understands and agree~ to provisions for non-payment of monies as out-
lined in the Special Conditions for failure to complete a temporary erosion control
measures, dust control, and/or maint~nance and protection of traffic. This non-
payment will be a permanent deduction from the total monies paid under this con-
tract
J. BIDDER understands and agrees to pay OWNER one hundred dollars ($100) for
each calendar day that expires after the notification and time specified in the
Agreement for completion of restoration and/or temporary erosion control meas-
ures..
The BIDDER understands and agrees that the estimated quantities for unit Bid prices, if
any, are to be considered as approximate only. The OWNER does not expressly or by im-
plication agree that the actual quantities will correspond therewith and reserves the right to
increase or decrease any quantity or to eliminate any quantity as he may deem necessary.
Neither the OWNER nor the BIDDER will be entitled to any adjustments in a unit Bid price
as . a result of any change in quantity unless that change exceeds 150k of the estimated
quantity and equals or exceeds $25,000, and BIDDER agrees to accept the aforesaid unit
Bid prices as complete and total compensation for any additions or deductions caused by
a variation in quantities as a result of more accurate measurement, or by any changes or
alterations in the Work ordered by the OWNER, and for use in computing the value of the
Work performed for progress payments for changes that vary within the adjustment limits
stated above.
The undersigned further understands that there will be a review and negotiation of the unit
Bid price whenever the actual quantity for that particular unit price Item varies by more
than 15% from the Bid quantity, or by $25,000 or greater.
BIDDER further agrees that the OWNER has the right to delete Bid items and/or Bid Sec-
tions and may add Alternate(s) prior to or after award if the OWNER deems this to be in
the OWNER1S best interest..
BIDDER agrees to entire dollar amount, even if it is zero ($0), for each Alternate. (Do not
leave an alternate bid amount biank.)
BIDDER also agrees that the OWNER reserves the right to award this project to the
lowest responsible BIDDER on the basis of the sum of the Base Bid, and any, all, or
none of the Alternates listed in the Bid (if Alternates are applicable). The Town has ap-
proximately $150,000 available to fund this project and intends to award the base
bid and as many of the alternates in the order listed totaling less than the available
funds.
BIDDER will complete the work for the following price(s) as stated in the attached Bid Pro..
posal.
0031 0-3
9.01 The Town of Wappinger has been and will continue to be an equal opportunity organiza-
tion. All qualified Minority and Women-Owned Business Enterprises (MWBE) suppliers,
. contractors and/or businesses will be afforded equal opportunity without discrimination be-
cause of race, color, religion, national origin, sex, age, disability, sexual preference or
Vietnam Era Veterans status. The BIDDER shall comply with the material specifications
and the Standard Clauses for NYS Contracts, Clauses Required by Office of Parks,
Recreation and Historic Preservation and Equal Employment Opportunity Policy State-
ment appended to the specifications.
I
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.
.
10.01 The project is in part funded by a Community Development Block Grant administered by
the Dutchess County Department of Planning. .
0031 0-4
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Non-Collusive Biddina Certificate
In accordance with the provisions of Section 103-d of the General Municipal Law as amended, the
following "Non-Collusive Bidding Certificate" is and shall become a part of this proposal: (a) By
submission of this bid, each BIDDER and each person signing on behalf of any BIDDER certifies,
andj in the case of a joint bid, each party thereto certifies as to its own organizations 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 been knowingly disclosed by the BIDDER and will not knowingly be disclosed by the
BIDDER prior to opening, directly or indirectly, to any other BIDDER or to any competitor; and (3)
no attempt has been made or will be made by the BIDDER to induce any other person, partner-
ship, or corporation to submit or not to submit a bid for the purpose of restriction of competition."
~~ N\,
Valerie M. Dwyer, President
In accordance with the provisions' of Section 103-a of the Generaf Municipal Law the following
clause is hereby inserted to provide:
IIThat upon the refusal of a person, when called before a grand jury to testify concerning any
transaction or contract had with the State, any political subdivision thereof, a public authority or
with any pubic department, agency, or official of the State or of a public authority, to sign a waiver
of immunity against subsequent criminal prosecution or to answer any relevant question concern-
ing such transaction or contract. (a) such person, and any firm, partnership, or corporation of
which he is a member, partner, director or officer shall be disqualified from thereafter selling to or
submitting bids to or receiving award~ from or entering into any contracts with any municipal cor-
poration or any public department, agency, or official thereof. for goods, work, or services, for a
period of five years after such refusal. and to provide also that (b) any and all contracts made with
any municipal corporation or any public department, agency, or official thereof, since the effective
date of this law, by such person, and by any firm, partnership, or corporation of which he is a
member, partner, director, or officer may be. canceled or terminated by the municipal corporation
without incurring any penalty or damages on account of such cancellation or termination, but any
monies owing by the municipal corporation for goods delivered or work done prior to the cancella-
tion or termination, but any monies owing by the municipal corporation for goods delivered or work
done prior to cancellation or termination shall be paid.1I
JUN 06 2011
00310-7
If BIDDER is:
An Individual
By
(SEAL)
(Individual's Name)
doing business as
Business Address:
Phone Number:
A Partnershio
By
(SEAL)
(Firm's Name)
Business Address:
(Qeneral partner)
Phone Number:
A Corooration
Arold Construction Co., Inc.
By
(SEAL)
(Corporation Name)
New York
.
By
v~
(Title)
(Corporate S '
Attest
yan M.
Business Address:
cretary (Secretary)
51 Powder Mill Bridge Rd.
Kingston, NY 12401
845-336-8753
Phone Number:
A Joint Venture
By
By
(Name)
(Address)
(Name)
(Address)
(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the
joint venture should be in the manner indicated above).
0031 0-8
1
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BID BOND
PENAL SUM FORM
't BIDDER (Name and Addres$I!
I. Arold Construction Company. Inc.
" 51 Powder Hill Bridge Road
-...Kings.ton, NY 12401
I SURETY (Name and Address of Prlncl1JlJ! PIBCe 0' 811s1YleSSJ:
, Western Surety Company
333 Wabash Avenue, 41st Floor
Chicago, lL 6UbU4
~, .. .. . .. .~ .,
~__._ < -_______........,.:,.",.~",.~_,....,_..:v.
, OWNER (Name and AddtSB!11
Town of VaDDioRer, Town Clerk
20 Hiddlebush Road
Wappingers, Fa1ls, NY 12590
fBfD
BID DUE DATE: June 6th, 2011
PROJECT' (Briel Desat/pr/M Including LOf;stion):
Contract 1 - Robinson Lane Baseball Field
r
· BOND
-aoND NUMBER: . NI AI
r tll\Tc: (NOT Isler Ihtln Bid Due D8'9): ~ay 20th, 2011
, PENAL SUM: _~Five Percent of Bid _55% of Bid)
\/.
(IN WlrN~SS W~mFlEOF. Suroly ana Bidder. intending 10 be legally bound harBby, ~ubjeet \0 Ihe terms printed on the reverse
'side hereot - do eacf1 cause this Bid Bond to be dUty exeou1ed on its behalf by Us aulhorized officer. agent~ Or represel1'ative..
r6IDDE~
L ~::.~!.?_~o.ns tru-=~on Company '.._:.~~:_ (Seal)
ricJcJer'~ NFmeJ and COlporale SeRI
· V~ ..
fY:' n'.---nSig~-;;~~~ and TI~~";~ie"'-'
· President
Attest: "
1 Signature and Title
SURETY
Wester!! . Surety Company
s~.reIY~~d Corporate Seal -..
8'1 I __ _~_________ ..}...
Signature and Title Cather . Bazycki,
(AUach Power of Atlorney) Attorney-In-Fac.t
Attest:
Signature and TI11e
~ote: (1) Above addr~as are 10 be used tor giving required nolice.
I (2) Any singular reference 10 Bidder, Surety! Dwner or other party shall be cOl'lsldertld plural where
applicable.
~JCDO NO. 191o-2a~ (1990 Edition)
JUN 0 6 2011
05/18/2011 13:53 FAX 18453388245
.. .
1. Bidder ~ ISurety, jointly and scvemlly, bind them-.
selves, their ~irst e~ecutors, administrators, succes.-
sors and assigns to pay to Owner UJlOI' default of
ry;:f)idder the penal sum set forth on tbe face of litis Bond.
~~:":"2. "Deranlt of Bidder sball occur upOn the failure of
Bidder to deliver wjthin tbe lime ~ by the
Bidding Documents tbe executed As;reeIncnt required
by the BiddillS Documents and any perfonnanee and
paymept bonds requjred by the Bidding DocumenQ
and Contract Documents..
. ). This obligation shall be nulf and void if:
3. .. Owner accepts Bidderts bid and Bidder deliv-
ers within the time required by the' Bidding
Documents (or any cxtcosion thereof agreed 10
in writing by Owner) the executed Agreement
requited by the Bidding Documents and any
performance and paymeal bonds. required by
the Biddio,e Documents. and Contract DoeIl-
menls. or
3 :2. AD bids are rejected by Owner, or
3.3. Owner raJls to issue 0 notb of award to Bidder
wirhin the time specified in the Bidding lJocu..
ments (or any extension thereof agreed to in
writing by Bidder andt if applicable:, consented
to by Surety when required by paragraph S
hereof).
4. Payment under this Bond will be due and payable
upon default of Bidder Bnd within 30 caJendar days
aafter receipt by Bidder and Surety of written notice or
:~~defauJl from Owner. whic:h nolice will be given wilh
~sonabJe promptness. identifying this Bond and the
Project anti inCluding a slatCJYlent of the amount due..
S. Surety waives nOlice or and any and all detenses
based on or arising out of Rny time extension to issue
notice or award agreed 10 in writing by Owner and
Bidder, provided that the time for issuing notice uf
award im:luding extensions shan not in the aggrcgille:
exceed 120 days from J3id Due Dale wilhout SurelY'S
written consent.
6.. No suil or action shall be cOOtmenced under Ihis
Bond prior to 30 calendar clays after the notice of
default required in paragraph 4 above is received by
Bidder and Surety., and in no case laler than one year
after Bid Due Dale.
7. Any suil Dr action under this Bond shall be com-
menced Qllly in n court or competent jUrisdiction lo-
cated in the state in which lhe Project is located,
AROLD CONSTRUCTION CO.
8. Notice required hereunder shaJl be in writing and
sent to Bidder and Surety at their respective addresses
shown on the face of this Bond. Such notices may be
sent by personal deliveryll commercial cowier or by
United Stales Re(tistercd or Certified M8J1, mum re-
ceipt requested7 postage pre..pakl.. alld shall be deemed
to be efrcdive upon receipt by the party concerned..
9. Surety shall cause to be attached to this Bond a
currenl and etfective Power of Attorney evidencing the.
authority of the officert agent or representative who
executed this BOld 00 behalf of Surety to execute, sea I
and deliver such Bond and bind lhe S~y thereby. '
10. This Bond is intended to confOrm 10 all applicable
statutory requirement$. Any applicable requirement of
any applk:able stalute that has been omitted from this
Bond shaH be deemed 10 be included herein as if set
forth at Iqth. If any provision of lhe BQnd conflicts
witb any applicable provision of any applicable statute,
then the provision of said Slathe shall govern and Lhe
· remainder or this Bond that is not in conflict therewith
shall continue in full force and effect.
1 t. "rhe term · ~bid'" as used herein in~Jude.$ a bid7 offer
or proposal as applicable..
EJCDC NO. 191CJ.26-C (1990 EdItion)
~:.,
~~i~v
p-.,t'
~003/010
1.;1-
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NOTARIAL JURAT
INDIVIDUAL ACKNOWLEDGEMENT
State of
County of
On this
]
] ss:
day of
before me personally appeared
known to me to be the person _ described in and who executed the foregoing instrument, and
acknowledged to me that he executed the same.
he duly
Notal)' Public
PARTNERSHIP ACKNOWLEDGEMENT
State of
County of
On this
]
] ss:
day of
before me personally appeared
known to me to be a member of the firm of
described in and which executed the foregoing instrument, and _ he thereupon acknowledged to me that he
executed the same as and for the act and deed of said finn.
Notary Public
CORPORATION ACKNOWLEDGEMENT
State of New York
County of Ulster
On this 20th
Valerie Dwyer
to me known, who being by me duly sworn, did depose and say: that she resides at Kingston, New York
; that sbe is President
of the corporation described in and which executed the foregoing instrument; that she knows the seal of said
corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said corporation; and that she signed her name thereto by r order.
day of
] ss:
May
, 2011
before me personally appeared
State of New York
County of Schenectady
On this 20th day of
Catherine T. Bazycki
to me known, who being by Ine duly sworn, did depose and say: that ~ resides in the City of
Latham, New York ; that sbe is the Attorney-In-Fact
of the above signed surety, the corporation described in and which executed the within instrument; that she knows
the corporate seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so
affixed by order of the Board of Directors of said corporation; and at she signed her name thereto by like
order. ~~~
KIMBERlV S. SYLVESTER
Notary Public, State of New York
No. 01 SY6089309
1834p Qualified in Schenectady County,S'
Commission Expires March 24, 20 _
]
] ss:
May
Notal)' Public
SURETY ACKNOWLEDGEMENT
before me personally appeared
, 2011
Notary Public
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Catherine T Bazycki, Gail D Valentino, J Carlos Viana, Jeanne M Maloy, Individually
of Scotia, NY, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, sea] and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WES1ERN SURETY COMPANY has caused these presents to be signed by its SeniorVice President and its corporate seal to
be hereto affixed on this 24th day of March, 201].
~\\\"""ET~
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~~~~
WES TERN SURE TY C OMP A NY
<<LqQ~
Pau I . Bruflat, Senior Vice President
State of South Dakota
County of Minnehaha
} 55
On this 24th day of March, 2011, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate sea]; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires
November 30,2012
+~~~~~~~~~~~~~~~~~~~~~~~~+
$ D. KRELL ~
s s
~~NOTARY PUBLIC~~
:~SOUTH DAKOTA $
+~~~~~~~~~~~~~~~~~~~~~~~+
~
~PUbIiC
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is stjll in
force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 20th day of May 2011
~"";!:~~,,,~,"
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WESTERN SURETY COMPANY
cr ~~15~secretary
Fonn F4280-09~06
, '
.WESTERN SURETY COMJ> ANY
Sioux -Falls, South. Dakota
Statement of, Condition and Affairs
December 31, 2010
ASSETS
Bonds
Stocks
Cash and short-term investments
Uncollected premiums and agents' balances
Amounts recoverable from reinsurers
Funds held by or deposited with reinsured companies
Net deferred tax asset
Electronic data processing equipment and software
Investment income due and accrued
Other assets
Total Assets
$1,325,363,817
21,890,144
37,261,545
33,361,392
335,279
22,831,236
18,318,016
2,016,332
17,101,571
2r812t199
$1,481,291,531
LIABILITIESAND SURPLUS
Losses
Loss adjustment expense
Contingent and other commissions payable
Other expense
Taxes, licenses and fees
Federal and foreign income taxes payable
Unearned premiums
Retroactive reinsurance reserve assumed
Other liabilities
Total Liabilities
$255,341,187
77,225,536
4,572,077
31,451,726
2,605,647
16,293,774
239,599,691
10,222,969
18~340~246
655,652,853
Surplus Account:
Capital paid up
Gross paid in and contributed surplus
Unassigned funds
\"~~'~F!egard~ policyholders
TOJtl'~Hft1~.@~;papltal
~~ r.;:!!"#' '. Q~r,.,
:--. ~. " '. ~
::l ~/ ~~ OR..q 1..'" r4f;~
=r-~f 0 r~~ ~
~UlI~~ ~P:,...:
r~~~I1Vlp'~' L1:mdY'I~ President aI.1d Treasurer of Western Surety Company hereby certify that the .
a1fl~t:l.~~~~ejlQa'1..~ of the finanCIal s.tatement of the Company dated Decembe~ ~ 1, 2010, as filed WIth
th~q@~., .lns~1l9:eDepartments and 18 a true and correct statement of the condItIon of West em Surety
Comp, . ltfsQ,~.l,li~fifff date.
_ ""~I.utt..
W estern Surety Company
$4,000,000
176,435,232
645r203r446
$825.,638,678
$1,481,291,531
~KATHRVN J. SCHROEDER
~ NPTAAY PUBLIC ~
SOUTH DAKOTA ~
By
Subscribed and sworn to me this
My commission expires:
KATHRYNJ.SCHROEDER
My Commission Expires 7..21-2015
22nd
day of
February ,2011.
~hJrl~VcAeOWv
Notary Public
Bid
BIDDER
Name
Sf () )IV e r J( ~ 4- cCJrtIT;e;9-c 7I,1.)6- I rV C-.
Address 11.1 t )rO;t.lG~K:CLl- j!..2)_
(A/r9-ppr,v6-t;;/lS ~~c-LS, /lJ~ Sl.. 12576
PROJECT: Town of Wappinger
Robinson Lane Baseball Field
Community Development Block Grant
[D)
JUN 0 6 2011
OWNER:
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
1.01 The undersigned BIDDER proposes and agrees, if this Bid is. accepted, to enter into an
agreement with the OWNER in the form included in the Contract Documents to perform
and 'furnish all work as specified or indicated in the Contract Documents for the Contract
price and within the Contract Time indicated in this Bid and in accordance with the other
terms and conditions of the Contract Documents.
2.01 BIDDER accepts all of the terms and conditions of the Invitation to Bid and Instructions to
BIDDERs. This Bid will remain subject to acceptance for sixty (60) days after the day of
Bid opening. BIDDER wiU sign and submit the Agreement and other documents required
by the Bidding Requirements within seven days after the date of the OWNERfs Notice of
Award.
3.01 In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:
A. BIDDER has examined and carefully studied copies of all the Bidding Documents,
the other related data identified in the Bidding Documents, and the following Ad-
denda (receipt of all which is hereby acknowledged):
Date ~1t7old()11
. "
Date
Date
Date
Number
Number
Number
Number
/
B. BIDDER has familiarized itself with the nature and extent of the Contract Docu-
ments, work site, locality, and all local conditions and Laws and Regulations that in
any manner may affect cost, progress, performance, or finishing of the work.
00310-1
C~ BIDDER has obtained and carefully studied (or assumes responsibitity for obtain-
ing and carefully studying) all such examinations, investigations, explorations, tests
and studies which pertain to the physical conditions at the site or otherwise may af-
fect the cost, progress, performance or furnishing of the work as BIDDER
considers necessary for the performance or furnishing of the work at the Contract
Price, within the Contract Time, and in accordance with the other terms and condi-
tions of the Contract Documents, including specifically the provisions of Paragraph
4.02 of the General Conditions (and reports or drawings of Hazardous Environ-
mental Conditions, if any, as provided in paragraph 4.06 of the General
Conditions); and no additional examinations, investigations, explorations, tests, re-
ports, or similar information or data are or will be required by BIDDER for such
purposes.
D. Contract Time and Uquidated Damages
The Contract Time commences to run as provided in paragraph 2.03 of the Gen-
eral Conditions and completed and ready for final payment in accordance with
paragraph 14.07 of the General Conditions as specified in the Agreement .
CONTRACTOR shall pay OWNER as specified in the Agreement for each calen-
dar day that expires after the time specified in Agreement for milestones and for
completion and re.adiness for final payment.
E. BIDDER has reviewed and checked all information and data shown or indicated on
the Contract Documents with respect to existing Underground Facilities at or conti-
guous to the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examinations, investigations, explorations,
tests, reports, or similar information or data in respect of said Underground Facili-
ties are or will be required by BIDDER in order to perform and furnish the work at
the Contract Price, within the Contract Time, and in accordance with the other
terms and conditions of the Contract Documents, including specifically the provi-
sions of Paragraph 4.04 of the General Conditions.
F. BIDDER has correlated the results of all such observations, examinations, investi-
gations, explorations, tests, reports, and studies with the terms and conditions of
the Contract Documents.
G. BIDDER has given ENGINEER written notice of all conflicts, errors, or discrepan-
cies that it has discovered in the Contract Documents and the written resolution
thereof by ENGINEER is acceptable to BIDDER.
H. This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm, or corporation and is not submitted in conformity with any agreement
or rules of any group, association, organization, or corporation; BIDDER has not di-
rectly or indirectly induced or solicited any other BIDDER to submit a false or sham
Bid; BIDDER has not solicited or induced any person, firm, or corporation to refrain
from bidding; and BIDDER has not sought by collusion to obtain for itself any ad-
vantage over any other BIDDER or over OWNER.
0031 0-2
I. Non-Payment Of Contract Items
BIDDER understands and agree~ to provisions for non-payment of monies as out-
lined in the Special Conditions for failure to complete a temporary erosion control
measures, dust control, and/or maint~ance and protection of traffic. This non-
payment will be a permanent deduction from the total monies paid under this con-
tract..
.J. BIDDER understands and agrees to pay OWNER one hundred dollars ($100) for
each calendar day that expires after the notification and time specified in the
Agreement for completion of restoration and/or temporary erosion control meas-
ures.
4.01 The BIDDER understands and agrees that the estimated quantities for unit Bid prices, if
any, are to be considered as approximate only. The OWNER does not expressly or by im-
plication agree that the actual quantities will correspond therewith and reserves the right to
increase or decrease any quantity or to eliminate any quantity as he may deem necessary.
Neither the OWNER nor the BIDDER will be entitled to any adjustments in a unit Bid price
as a result of any change in quantity unless that change exceeds 15% of the estimated
quantity and equals or exceeds $25,000, and BIDDER agrees to accept the aforesaid unit
Bid prices as complete and total compensation for any additions or deductions caused by
a variation in quantities as a resurt of more accurate measurement, or by any changes or
alterations in the Work ordered by the OWNER, and for use in computing the value of the
Work performed for progress payments for changes that vary within the adjustment limits
stated above.
The undersigned further understands that there will be a review and negotiation of the unit
Bid price whenever the actual quantity for that particular unit price Item varies by more
than 150/0 from the Bid quantity, or by $25,000 or greater.
5.01
BIDDER further agrees that the OWNER has the right to delete Bid items and/or Bid Sec-
tions and may add Alternate(s) prior to or after award if the OWNER deems this to be in
the OWNER'S best interest
6.01
BIDDER agrees to entire dollar amount, even if it is zero ($0), for each Alternate~ (Do not
leave an alternate bid amount blank.)
7.01
BIDDER also agrees that the OWNER reserves the right to award this project to the
lowest responsible BIDDER on the basis of the sum of the Base Bid, and any, all, or
none of the Alternates listed in the Bid (if Alternates are applicable). The Town has ap-
proximately $150,000 available to fund this project and intends to award the base
bid and as many of the alternates in the order listed totaling less than the available
funds.
8.01
BIDDER will complete the work for the following price(s) as stated in the attached Bid Pro-
posal.
t"
0031 0-3
9.01 The Town of Wappinger has been and will continue to be an equal opportunity organiza-
tion. All qualified Minority and Women-Owned Business Enterprises (MWBE) suppliers,
. contractors and/or businesses will be afforded equal opportunity without discrimination be-
cause of race, color, religion, national origin, sex, age, disability, sexual preference or
Vietnam Era Veterans status. The BIDDER shall comply with the material specifications
and the Standard Clauses for NYS Contracts, Clauses Required by Office of Parks,
Recreation and Historic Preservation and Equal Employment Opportunity Policy State-
ment appended to the specifications.
10.01 The project is in part funded by a Community Development Block Grant administered by
the Dutchess County Department of Planning. .
0031 0-4
Non-Collusive Bidding Certificate
In accordance with the provisions of Section 103-d of the General Municipal Law as amended, the
following If Non-Collusive Bidding CertificateU is and shall become a part of this proposal: (a) 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 organizations 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 been knowingly disclosed by the BIDDER and will not knowingly be disclosed by.the
BIDDER prior to opening, directly or indirectly, to any other BIDDER or to any competitor; and (3)
no attempt has been made or will be made by the BIDDER to induce any other person, partner-
ship, or corporation to submit or not to submit a bid for the purpose of restriction of competition. h
~~' ~~
Y/~r- .
Signature and Title
-rX~t:Jrlt't( ;-Ion) r-
In accordance with the provisions of Section 1 03-a of the General Municipal Law the following
clause is hereby inserted to provide:
JlThat upon the refusal of a person, when called before a grand jury to testify concerning any
transaction or contract had with the State, any political subdivision thereof, a public authority or
with any pubic department, agency, or official of the State or of a public authority, to sign a waiver
of immunity against subsequent criminal prosecution or to answer any relevant question concern-
ing such' transaction or contract, (a) such person, and any firm) partnership, or corporation of
which he is a member, partner, director or officer shall be disqualified from thereafter selling to or
submitting bids to or receiving award,S from or entering into any contracts with any municipal cor-
poration or any public department, agency, or official thereof, for goods, work, or services, for a
period of five years after such refusal, and to provide also that (b) any and all contracts made with
any municipal corporation or any public department, agency, or official thereof, since the effective
date of this law, by such person, and by any firm, partnership, or corporation of which he is a
member, partner, director, or officer may be- canceled or terminated by the municipal corporation
without incurring any penalty or damages on account of such cancellation or termination, but any
monies owing by the municipal corporation for goods delivered or work done prior to the cancella-
tion or termination, but any monies owing by the municipal corporation for goods delivered or work
done prior to cancellation or termination shall be paid.1I
JUN 0'6 2011
00310-7
[CD
ER
If BIDDER is:
An Individual
By
(SEAL)
doing business as
Business Address:
(Individual's Name)
Phone Number:
A Partnership
By
(SEAL)
(Firm's Name)
(general partner)
Business Address:
Phone Number:
A Corooration
By
s-rt:JNb"Y Kzt,.l- COrV(~~'Cr.LN6-- ....:z:=MC,-
(Corporation Name)
(SEAL)
IUGw '-/C)~
(State of Incorporation)
By
rJ~65r j)~rVr
(Title)
(Corporate Seal) ~
Attest f\Qr.ef\
R.
i~ U Y11
Business Address:
(Secretary)
II 3 ,(TONG r K.~ L L #-.0\
(...c/ ifF' {J:r~/L S Fril-L-S.,;'\./. r.. I '2 > <i 0
8t:f.~ - K31 -g~(tJ r.J14..y' - '845,- J?38 -( 328
Phone Number:
A Joint Venture
By
By
(Name)
(Address)
(Name)
(Address)
(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the
joint venture should be in the manner indicated above).
00310-8
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