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Bid Results MORRIS ASSOCIATES ENGINEERING CONSULTANTS, PLLC .9 Elks Lane, Poughkeepsie, New York 12601 Tel: (845) 454-3411 Fax: (845) 473-1962 [j 64 Green Street, Suite 1, Hudson, New York 12534 Tel: (518) 828-2300 Fax: (518) 828-3963 J~ August 2, 2011 " """_U__________1 - , I TOV~___ __~~j G_E R Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Attn: William Beale Town of Wappinger Acting Supervisor RE: Cider Mill Loop Water Tank Demolition and Replacement Bid Results and Recommendation MA# W20839.0 Dear Acting Supervisor Beale and Town Board: On August 1, 2011, the Town of Wappinger received three (3) bid proposals for the Cider Mill Loop Water Storage Tank Demolition and Replacement project; the breakdown of these bids is as follows: Contractor: Bid Price: Sun-Up Enterprises, Inc. Arold Construction Co., Inc. Standard Construction, Corp $809,129.00 $875,190.00 $946,000.00 This office has completed our review of the bid proposals for the above referenced project. The apparent low bidder is Sun-Up Enterprises, Inc. of Wappingers Falls, NY with a bid price of $809,129.00. Morris Associates is very familiar with Sun-Up Enterprises, Inc and knows them to be a well respected contractor and is qualified to perform the proposed work required for this project. All portions of the bid prepared by Sun-Up Enterprises, Inc. appear to have been correctly executed. Based on the above, this office recommends award of the noted contract bid to Sun-Up Enterprises, Inc. Acting Supervisor Beale and Town Board Town of Wappinger April 20,2010 Page 2 If you should have any questions regarding the above, please contact me at 454- 3411 ext. 30 (office) or (14) 475-5749 (cell) RJG\met ruly yours, RIS ASSOCIATE ------- Cc: Albert P. Roberts, Esq, (via email) John Masterson, Town Clerk, (via email) Michael Tremper, CAMO, P.C. (via e-mail) E:\documents\T Wappinger\a W2008\W20839 Cider Mill Water TanklAward recomendation tank Demo and Replacement 8-1- 11.doc __w-,'''-__'__' .._--,,,~...._-"'.'. BID BOND KNOW ALL MEN BY THESE PRESENTS: that * Arold Construction Co., Inc. as Principal; and ** Western Surety Company as Surety, are hereby held and firmly bound unto the Town Board , Town, of Wappinger, New York in the amount of: Five Percent of Bid Dollars $ 5% of 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 26th day of July 20-1L. 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 Cider Mill Loop Water Tank Demolition and Replacement Project for the Town of Wappinger, New York, as shown and specified in Contract No. 10-013. 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 th~ 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 settheir 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. r-----.... ..~..-.--......--c. ~,.,",,~ ',,, ~ ...",,-.. I I I -r. II n f '..... .---.-- ---I f 25- ~ I ".s. I i., t\ / AUG 01 4., Ii . . . . . . . . . . -- I II I J I I I I I I I I I I I I I I I I I I. I (SEAL) *Insert Bidder's Name **Insert Surety's Name PRINCIPAL Arold Construction Co., Inc. By dCA1uLJ'(}-OlAAr Western Surety compan; - _Catl)~!"!.!!~._'!'=-J~~zY_~~L- - --------- ----.--- Signed, sealed and delivered in the presence of (Corporate seal of Contractor if a corporation) Arold Construction Co., Inc. 51 Powder Mill Bridge Road Kingston, NY 12401 Contractor .. By ~~Pr~e~ ~rn Surety eo.P~ By ..~ 'd.' Title of Office Cntherine T. Bnzycki, 1ttorncy-rn- net (Corporate seal of Surety) AtlespL~ . (T tI of Officer) - 26- STATE OF NEW YORK COUNTY OF -.1) / S+(y ) ) ss: ) On the :J f -H-- day of ~ ' before me, the undersigned, a Notary Public in and for said Stat, personally appeared ~ {(r.'t H. })1IlJ Y~r 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. Karan A. Tobias NO't.::'H"V Pub!ic. state of New Ytwk NO.01T06157148 QuC)!ifiedin Dutchess count\, III Ct.3ir,;ii'!i.;S~C!1 Expires Dec. 4, 20-1:1 -;)~A u.-- NOTARY PUBLIC - 27- . . . . III III III III III III III . . . II II II II II NOT ARlAL 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 Notary 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 executed the same as and for the act and deed of said firm. he thereupon acknowledged to me that he Notary Public CORPORATION ACKNOWLEDGEMENT State of County of On this 29th day of Valerie M. Dwyer to me known, who being by me duly sworn, did depose and say: that she resides at Kings ton, NY ; that she is PreS1dent 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 ofthe Board ofDirectors of said corporatio~ and that K::::'~O:i:: name th?: 4der~ I\!ClL:lry Pi~blic, state of New vorl( Notary Public NO. 0110615711.1.8 SURETY ACKNOWLEDGEMENT QuzHfjed in.~U~Ches~ coun:~./ 'If E;q:Hres D""c. 4, 2\;/ New York ulst:er ss: July 2011 before me personally appeared State of New York County of Albany On this 26tb Catherine T. Bazycki to me known, who being by me duly sworn, did depose and say: that she resides in the City of Latham, New York ; that she 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 that she signed her name thereto by like order:) JJ~ . KARA~~ Notary Public. State of New York Qualified in Schenectady County No. 01 DE6086544 /r::::- Commission Expires Jan. 27. 20.l.-J,- ] ] ss: July , 2011 before me personally appeared day of Notary Public 1834p 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 afflXed 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, seal and execute for and on its behalf bonds, undertakings and other obligatory instrurneriS 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 ooly authorized offr;:er of the corporatioo and all the acts of said Attorney, pursuant to the authority hereby gi~n, 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 corpontion. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 18th day of May, 20 II. WESTERN SURETY COMPANY .;::2/~~ Paul . Bruflat, Senior Vice President State of South Dakota County of Minnehaha } ss On this 18th day of May, 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 seal; 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. November 30,2012 +~~~~~-~~~~~~~~~~~--~~~-+ ~ D. KRELL ~ , , ~~NarARY PUBUC~$ ~~SOUTH DAKarA~~ +~~~~~-~~-~-~~-~-~-----~+ ~ ~1~' Publi, My commission expires CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still 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 day of WESTERN SURETY COMPANY g. ~{:'I~- Form F4280-09-06 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. 'WESTERN SURETY COMPANY 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 2,812,199 $1,481,291,531 LIABILITIES AND 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 .\\~'~legards policyholders To~~'1lIti~ m!4" Capital .t~'+/ '" Q~1;. ... ~.. t, ' ~ ~~/ 5<'~OR..<)X","O-::, Et;;i~: cf'~'P~ ~"\JIP.r:, Lu~dy,~i: President and Treasurer ofWesten1 Surety Company hereby certify that the ~~~i~~'.~ of the financial statement of the Company dated December 31, 2010, as filed with .th~ .~,. .1.'" ~'Departmentsandisa troeand correct statement of the condition ofW estern Surety Conifj '4fs I date. 1""If'" W estern Surety Company $4,000,000 176,435,232 645,203,446 $825,638,678 $1,481,291,531 KATHRYN J. SCHROEDER ~NP1'ARY PUBUC~ BOtmI DAKOTA By Subscribed and.sworn to me this My commission expires: KATHRYNJ.SCHROEDER My Commission Expires 7-21-2015 22nd day of February ,2011. ~h~~ Notary ublic ..SIGNATURE I \J~~.~ vlAiui.L. :1 \J'^-tu~Jv O\.~ :1 ~~ TOWN OF WAPPINGER CIDER MILL LOOP WATER TAN DEMOLITION AND REPLACEMEN CONTRACT NO. 10-013 AUG 0 1 2011 TO'Nf\J BID FORM ER 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 June 29 2011 (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 Cider Mill Loop Water Tank Demolition and Replacement Project, Town of Wappinger, as required by and in strict accordance with the plans, specifications and all other documents relating to Contract No. 10-013, for the prices stipulated and as shown on this bid form. Arold Construction Co., INc. Name of Bidder: r LLC)* The undersigned declares that the bidding and contract documents have been carefully examined and that all things necessary for the completion of the work shall be provided. Receipt of the following addenda is hereby acknowledged: ADDENDUM NO.1 ADDENDUM NO.2 ADDENDUM NO.3 ADDENDUM NO.4 DATE 7/19/11 7/25/11 7/27/11 -17 - . . . I II I I I JI I I I II I \1 .II I' I I I I I I I I I I I I I - I ~ , I In consideration of, and to induce the award of this contract to him/her, the bidder represents and warrants that: (a) (b) (c) Ifthis 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. 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. (d) No officer or employee of the Town Board, Town of Wappinger, or any person whose salary is payable in whole or in part by the Town Board is, shall be, or shall become interested directly or indirectly as a contracting . party, partner, stockholder, surety or otherwise in this bid or in the performance of the contract or in the supplies, materials or equipment, or to work or labor to which it relates, or in any portion of the profits thereof. (e) He/She is not in arrears to the Town Board upon debt or contract and is not a defaulter as surety, contractor, or otherwise upon any obligation to the Town Board, Town of Wappinger. (f) All work shall be completed within the time allotted, from the date specified in the Notice to Proceed or set by the contract documents, mailed to the undersigned by registered mail with return receipt requested to the legal address of the bidder as indicated on his/her bid. (g) If the bid documents contain any unlawful provision not an essential part of the bid and which shall not appear to have been a controlling or material inducerTlent 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 - 18- not correctly inserted, then upon the application of either party, the bid documents shall forthwith be physically amended to make such insertion. (i) That he/she is financially solvent and sufficiently experienced and competent to perform the work. 0) 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: $ Eight hundred seventy five thousand on (Words) $ 875,190 (Figures) .... V~r(\ · - 19- . . . . . . . . . II I - I I I I I I --.----- - - - - - - - - .-- - - BASE BID SHEET CONSTRUCTION BID AND CONTRACT CIDER MILL LOOP WATER STORAGE TANK DEMOLITION AND REPLACMENT CONTRACT 10-013 ITEM NO.lDESCRIPTION EST. PAYMENT UNIT PRICE BID TOTAL QTY. MEASURE PRICE BID WRITTEN AMOUNT IN FIGURES 1. Furnishing all materials, supplies, equipment and other Eight hundred fifty facilities as required for demolition and replacement of five thousand one the existing1 M gallon Cider Mill hundred ninety dollars Loop steel water storage tank, 1 LUMP SUM and no cents $855,190 $855,190 with a 1.1 M glass lined steel storage tank, including all incidental labor and material, as indicated in the Contract Documents. 2. Allowance #1 Testing $10,000.00 3. Allowance #2 Contingency $10,000.00 TOTAL BASE BID $875,190 ; . n I I , , ; \ AUG 01 2011 V~YYl-~ ER 20 .-~._._,- Also made a part of this bid is the attached documentation per Division 1 DO, Article C.3. Sign Bid Here \/ fJJJ..AAL 'fV\'~ AUTHORIZED SIG URE Print Name Valerie M. Dwyer President Title Official Company Name Arold Construction Co., Inc. Company Mailing Address 51 Powder Mill Bridge Rd. Kingston, NY 12401 STREET CITY STATE ZIP CODE Federal Employer Identification No. 14-1643021 Telephone No. 845-336-8753 Fax No. 845-336-8245 - 21 - II , II J , - - - - J J J J 1 J J 1 I I I I I I I I I I I I I I I I I I I (If bidder is a corporation, fill in the following blanks.) Organized under the laws of the State of: New York Valerie M. Dwyer, 326 Loughran Ct., Kingston, NY Name and Address of President: Name and Address of Secretary: Ryan M. Arold, 1096 Ulster Landing Rd., Saugerties, NY Name and Address of Treasurer: Valerie M. Dwyer, 326 Loughran Ct., Kingston, NY (If bidder is a Limited Liability Company, fill in the following blanks.) n/a Organized under the laws of the State of: Name of Manager or Managing Member: Agent for Service of Process: Address for Service of Process: - 22- STATE OF NEW YORK ) ss: COUNTY OF Ulster ) 29th July On the day of ' ,before me, the undersigned, a Notary Public in and for said State, personally appeared Valerie M. Dwyer personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. \"" , , 1\. Tobias state of New York i'l'!TtJ6157148 !)U1CI1El,SS county IlJ Dec.4,20L7 ~~~ Karen A. Tobias NOTARY PUBLIC - 23- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I. I I BID BOND If a bond is used, the form bound in this manual should be used. No other form may be used except with prior approval by the Owner after review by the Town Attorney which approval may be granted or withheld, in the Owner's discretion. - 24- I I I I I I I I I I I I I I I I I I I 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 pe~ury, 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 - 28- 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 such authorization shall be deemed to include the signing and submission ofthe 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 peaury. BIDDER'S SIGNATURE: ~1I11 J J L r1\ (}u,AM~ ~erie M. Dwy:r-, pr~s{Je:t 7/29/11 DATE: rr:3i ill AUG 0 1 2011 TOVVN ;\~"~E )'0l.1 R 1/ r\. - 29- ~ . . . . . . . . . . . . JI - -- JI - - ( , ; BID BOND KNOW ALL MEN BY THESE PRESENTS: that *SUN UP ENTERPRISES, INC. as Principal; and **TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA as Surety, are hereby held and firmly bound unto the Town Board, Town of Wappinger, New York in the amount of: FIVE PERCENT ~~ $X 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 14th day of July 20 11 . 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 Cider Mill Loop Water Tank Demolition and Replacement Project for the Town of Wappinger, New York, as shown and specified in Contract No.1 0-013. 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 .eytb~i[-R[Q~rojllr;&LS. ay and year first set forth above.- .h. .--'--- I: AUG 01 2011 \ L__... ....-- .,.. ...--.--.----- - 25 - (SEAL) Sun Up Enterprises, Inc. *Insert Bidder's Name **Insert Surety's Name PRINCIP X' Signed, sealed and delivered in the presence of (Corporate seal of Contractor if a corporation) (Corporate seal of Surety) Sun Up Enterprises, In . By Contractor Travelers Casualty and Surety Company of America By ;;;n~~(tY;;;, %~f ~fficer) Attorney-In-Fact Attest)./~ ~. Dawn Dorien, (Title of Officer) Attorney-In-Fact - 26 - STATE OF NEW YORK txJ1~ ) ) ss: ) COUNTY OF On the 14th day of July. 2011 , before me, the undersigned, a Notary Public in and for said State, personally appeared Harold Buchner 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. LEIGH S NOTARY PUB CIRBONA LlC -STATE No 01 OF NEW VOR QUOllfled' I SC4684970 I( , c n Dutoh y ommls"on f ." COunty /(~If'. 0'0' mD.r31.2014 N~B~ - 27- TRAVELERS CASUALTY AND SURETY COl\'1PA.l~Y OF AMERlCA HARTFORD, CT. 06183 ATTORNEY-IN-FAcr J\.iSTIFICATION PRiNCiPAL'S ACKNOWLEDGMF.;\"T -IF ,\ CORPORA TIO;\" Stale of New York, County of I 55. , 011 this davof .20, before me lx:rsonaJ]y appeared to me known. who, being by me duly sworn.. depo:;cs am! says: 111al helshe resides in the City I)f thill he/she is the of , the corporation described in and which executed the within instrurl1<:n1: that he/she knows the seal of said corporation; that the scal af!ixcd to said instrument is s'.l<:h corporate senl; thaI it was 50 aflixed by ordcr of the Board of Directors of said corporation, and that heishe signed his/hcr name thereto by likc ,)rder. PRll'iCIPAL'S ACKNOWLF.:DGME~T -IF INDIVIDUAL OR FlR\l State of New York. COUrlty of I 55. On this day of .20, before mc personally appcared tn me knO\\11 10 he (the individual) (one of the tim1 of ) described in and who e,Xecutcd the within instrument, und he/she thereupon duly ~ckno\Vledgcd to me that hclshc executed the same (as Ihe ~ct und deed of said firm). SliRETY COMPANY'S ACKNOWLEDGMENT State of New York, Cotlnt)'of Dutchess \ ss. , On this 14th dnyof July ,20 11 , before me personallyappeared Dianne Rutyna me knOW11, who, being by me duly swom, did depose and say: That he/she resides in the City of Hopewell June t ion ; that he/she is Ailomey-in-Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF Ai\'lERICA, the corporation described .iJ1 and which executed the within instrument; Ihat he/she knows the corporate seal of said (:()mpany; that the seal allixed to saiJ instrument is such corporate seal; and Ihat he/sbe signed said inSlnirnCm as Allorney-In-Facl by authority of the Board of Directors of said Company; and affiant did 1I1l1her depose and say that the SUplTIntencent of Insurance (:If the State of New Y'lrk I13s, pursuant to Chapter HH20f the Laws of the State of New York (or the year 1939, constituting chapter 28 of the COllsolidating Lows of the State of New York 35 the In5ur.nce Law as amended. issued to TR.<\VEl,ERS C\StJALTY AND SURETY COMPANY OF AMERICA his/bel' cc 'n e ti)al said Company :s qualified to become and be accepted as surety or guarantor on all bonds, undertakings, rccogni2:al\ces, guaranties, and I)thcr obligati~5 'qu cd or '!Icrr ill d by law; and that SUcJl certificate has not been revoked. \ ' I() \ SlEPHANIE A:-JA"Y:I'Jl}:rublic TRAVELERS CASUAL TV AND SURETY COMPANY OF AMERICA NOTARY PUBLIC-SlATE OF NEW YORK Hartford, Connecticut 06183 No. 01 PA6207117 1I11ed In Orange County 2.. FINANCIAL STATEMENT AS OF DECEMBER 31, 2008 Qua S June 08, 20 (~ AS FILED WITH THE INSURANCE DEPT. OF THE 5T ATE OF NEW YORK My CommIssion Expire - CAPITAL STOCK $ 6,000,000 ASSETS LIABILITIES Cash & Invested Cash $ 146,779,723 Unearned Premiums S 846,309,219 Bonds 3,452.929.381 Losses 822,955,804 Stock 7,586,626 Loss Adjustment Expenses 276,222,162 Investmenllncome Due Commissions 52,167.066 and Accrued 46,660,631 Taxes, Licenses and Fees 43,371,400 Premium Balances 303,562,195 Other Expenses 29,247,064 Reinsurance Recoverable 12,426,353 Current Federal and Foreign Net Deferred Tax Asset 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 Liabilities S 2,361,313.681 Capital Slock $ 6,000,000 Paid In Surplus 303,297,402 Other Surplus 1,425,632,488 Total Surplus to POlicyholders $ 1,734,929,890 Total Assets $ 4,096,243,572 Total Liabilities & Surplus S 4,096,243,572 Securities carried at $6,059,054 in the above statement are deposited wilh public authorities, as required by Jaw ~ 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. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney-In Fact No. 223743 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 4 3 915 0 2 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, 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, Camille M. Donato, Dianne Rutyna, and Kathleen A. Brown of the City of Wappinger Falls , State of New Yark , 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. 30th IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this d f June 2011 ay 0 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 o ~ State of Connecticut City of Hartford ss. St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: ice President 30th June 2011 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., 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, 2016. 58440-6-11 Printed in U.S.A. '\f\w e. j~ '- Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOm 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., 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: . 1 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, Kevin E. Hughes, the undersigned, Assistant Secretary, of 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, and Unitt;d States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and,affixed the seals of said Companies this 14 th day of July ,20~. ~ o ~ "''''''''''~ ~"... ~'.' ......._ "'7~ ti:.- - m ~J"U#;...NC~ ,,0. ~111!'HI"II\1\\I 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 , 1-. .. ~, l; .. k III DIVISION 200 BID FORM I L l L ~.-, " I. ~ L. \ .. ~ L 1. &. .. ~ ~\ III i. ~ 1 ~ - 16- I I- i. lIS) ru TOWN OF WAPPINGER C DER MILL LOOP WATER TANK D MOLlTION AND REPLACEMENT CONTRACT NO.1 0-013 AUG 01 2011 TOIl"'>! '''."....,...R "~'_,____i;t' I 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 (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 Cider Mill Loop Water Tank Demolition and Replacement Project, Town of Wappinger, as required by and in strict accordance with the plans, specificatio.ns and all other documents relating to Contract NO.1 0-013, for the prices stipulated and.as shown on this bid form. Name of Bidder: ;UN UP ENTERPRISES, lNC. (Individual, Partner " Cor orat' n or LLC)* * Circle applicable word The undersigned declares that the bidding and contract documents have been carefully examined and that all things necessary for the completion of the work shall be provided. Receipt of the following addenda is hereby acknowledged: ADDENDUM NO.1 ADDENDUM NO.2 ADDENDUM NO.3 ADDENDUM NO.4 DATE -"\ \ \C\ \ \ \ '\35\ \ ' \\a,\,,- SIGNATURE ~ ~ ~ - 17- J J J j J J .J J J J J I J j ~ J J ~ 4 J ~ .. i .. I I ... .. I .. .. j ... ~ ... l '- i.. .. L. ~ ... 1\ .. L L 1 l.. L 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 hislher bid, the bidder will execute a contract on the form of agreement herein provided and will comply with all provisions of said Notice of Award. (b) This bid is made without any understanding, agreement or connection with any other person, firm or corporation making a bid for the same work, and that it is in all respect fair and without collusion or fraud. (c) He/She has carefully examined and fully understands all of the parts of the contract documents, and that he/she will execute the contract and will completely perform it in strict accordance with the provisions thereof for the sum set forth on the bid. (d) No officer or employee of the Town Board, Town of Wappinger, or any person whose salary is payable in whole or in part by the Town Board is, shall be, or shall become interested directly or indirectly as a contracting party, partner, stockholder, surety or otherwise in this bid or in the performance of the contract or in the supplies, materials or equipment, or to work or labor to which it relates, or in any portion of the profits thereof. (e) He/She is not in arrears to the Town Board upon debt or contract and is not a defaulter as surety, contractor, or otherwise upon any obligation to the Town Board, Town of Wappinger. (f) All work shall be completed within the time allotted, from the date specified in the Notice to Proceed or set by the contract documents, mailed to the undersigned by registered mail with return receipt requested to the legal address of the bidder as indicated on his/her bid. (g) If the bid documents contain any unlawful provision not an essential part of the bid and which shall not appear to have been a controlling or material inducement to the making thereof, the same shall be deemed of no effect and will upon notice by either the Owner or the bidder be deemed stricken from the bid documents without affecting the binding force of the remainder. (h) Each and every provision of any law and clause required by law to be inserted in the bid documents shall be deemed to be inserted herein and the bid documents shall be read and enforced as though it were included herein; and if through mistake or otherwise any such provision is not inserted or is - 18- not correctly inserted, then upon the application of either party, the bid documents shall forthwith be physically amended to make such insertion. (i) That he/she is financially solvent and sufficiently experienced and competent to perform the work. 0) The work can be performed as called for by the proposal and that the plans and specifications are in all respects suitable and adequate for the work. (k) That the facts stated in his/her bid and the information given by him/her are true and correct in all respects. (I) That he/she is fully informed regarding all the conditions affecting the work to be done and labor and materials to be furnished for the completion of this contract, and that his/her information was secured by personal investigation and research. (m) In the event of a lawsuit, the bidder agrees that said suit shall be filed in the same federal district or county as the location of the project. BID FOR CONTRACT WORK: Base Bid The Bidder proposes to perform the work required in accordance with the contract documents for the lump sum of: f $ <(:."S'" ~\ l\&, l ~ ~~ ~V~(i.J. ~\ W I\M.~ ~ i ill + QO j(lj (Words) ~ ~ ~ \~ OJ , (Figures) $ - 19- J J j J J j J j ~ J 14 I J J J J ~ ~ J J r'" r' ".-'" r"Y rw' F"" ,,_r F' r"y" F" F'" r"" r"r F'"'' ".. BASE BID SHEET CONSTRUCTION BID AND CONTRACT CIDER MILL LOOP WATER STORAGE TANK DEMOLITION AND REPLACMENT CONTRACT 10-013 ITEM NO.lDESCRIPTION 1. Furnishing all materials, supplies, equipment and other facilities as required for demolition and replacement of the existing1 M gallon Cider Mill Loop steel water storage tank, with a 1.1 M glass lined steel storage tank, including all incidental labor and material, as indicated in the Contract Documents. 2. Allowance #1 Testing 3. Allowance #2 Contingency EST. QTY. PAYMENT MEASURE UNIT PRICE BID IN FIGURES 1 LUMP SUM AUG 0 1 2011 I I ! ----_________>-.__"_~___J 7~/ J.9; - TOTAL BASE BID "..,- r' ' r~-' rr" TOTAL PRICE BID Jf1/d{ , $10,000.00 $10,000.00 C(;jd? 20 Sign Bid Here fZED SIGNATURE Also made a part of this bid is the attac a doc mentation per Division 100, Article C.3. Print Name Title Official Company Name SUN UP ENTERPRISES, INC. (Individual, Partnership, Corporatio ,LLC)* * Circle applicable SUN UP ENTERPRISES, INC. 1607 Route 376 Wappingers Falls, NY I~~EET STATE Company Mailing Address CITY ZIP CODE Federal Employer Identification No. \ '-\- \~ q-1 Telephone No. ~ 45 %~ \~ GO Fax No. ~L\-S ~d..~315 - 21 - J ~ J J j J J J ~ J J J J J J J " . J J to l.. .~ I.. '- ~' .. L ~. '- L 1, L. ~L ... ': ... i. ~; I.. L L L L L L , t r... (If bidder is a corporation, fill in the following blanks.) Organized under the laws of the State of: -llY Name and Address of President: Name and Address of Secretary: C ~ \~ ~d ch ttJ...... 'Dr -q,~~ ~ 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: - 22- STATE OF NEW YORK ) COUNTY OF D\/tth~/'n ss: ) On the \ day of ~5j :2 \) \ \ " 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. LEIGH SCI~B NOTARY PUBLIC aNA -STATE OF NEW ~ No. 01SC46849 O~K QUalified In Out 70 1y Commllllon E Chell COunty KPI,., 0.0.""1)., " ,. 20' 4 ~\ow ~~Y PUBLIC - 23- J ;j .. J ~ J J J J j j ,j I J J J j J J ~ ~ ~ .. l BID BOND L If a bond is used, the form bound in this manual should be used. No other form ~ .. may be used except with prior approval by the Owner after review by the Town I; .. Attorney which approval may be granted or withheld, in the Owner's discretion. l j/ .. *- III " ... ~ i.. L \' .. L I. F L. 1.. l. - 24- ",... BID BOND KNOW ALL MEN BY THESE PRESENTS: that * as Principal; and ** as Surety, are hereby held and firmly bound unto the Town Board, Town of Wappinger, New York in the amount of: Dollars $ for the payment whereof Principal and Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed this day of 20 . WHEREAS, the condition of the above obligation is such that, whereas the Principal has submitted to the Town Board a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for the Cider Mill Loop Water Tank Demolition and Replacement Project for the Town of Wappinger, New York, as shown and specified in Contract No. 10-013. 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. - 25- J J J J J J J J J J J J J j J J ~ J ..., t ... ~ L L f~ .. (SEAL) f, i... PRINCIPAL ... *Insert Bidder's Name **Insert Surety's Name By .. Signed, sealed and delivered in the presence of .. (Corporate seal of Contractor if a corporation) I. .. t ~ .. Contractor ~ I. By L L By (Title of Officer) ~ L (Corporate seal of Surety) Attest (Title of Officer) ... ~ ... - 26- .. 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 - 27- J J J J J J j J J J J J J j j J J J J L t ! ... L L. l. ... L L I ,~ ... f< L. L ~ ... ~ .. I L l L ... ~ L. t I.. 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 pe~ury, 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 - 28- 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 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. DATE: I affirm these statements under penalty of p BIDDER'S SIGNATURE. SUN UP ENTERPRISES, INC. 1607 Route 376 Wappingers Falls, NY 12590 y '" .,9 c: I .,~~ I ,:~'"' ~;.~ /. '-<'. ",'.' ~ I, ~ I ("\ "~ s:::- /',-., J ,;;:" <0 , " ,)",', /!>) '[:'" ~ i -1',> "1,_1 A....., I" v t,\.> (\, -\'" '. 'y c::::) E~}. ~ r' '. " ...) ~ - 29- ,I I J j . I J J j J J J ~ J J J J J ~ j J k ~ .. '......... ,,... , ( .. DIVISION 200 BID FORM .. .... .. i. ~ p .. " .... it: .. .. .. L ... .. ~ '-'- .. - 16- .. .._."".......",.0'..""""""........,.-..- lr~\\ i LV OWN OF WAPPINGER AUG 01 2011 CIDE MILL LOOP WATER TANK To,\~'r\! , t\,~1 L1TION AND REPLACEMENT oJ \I c" ',- - ,(:JeR ONTRACT NO.1 0-013 Tr, , \.) 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 June 24 2011 (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 Cider Mill Loop Water Tank Demolition and Replacement Project, Town of Wappinger, as required by and in strict accordance with the plans, specifications and all other documents relating to Contract No. 10-013, for the prices stipulated and as shown on this bid form. Name of Bidder: r LLC)* 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 7/25/2011 7/25/2011 7/27/2011 '---- - 17 - J ......,.. -\ J J J J J J ~J J J J J J J .) J J ~ ~ .. ......" l.. k .. ~ L k .. " ~ s.. .., 1; ... L\ .. \ - l t ~' .. ... ...... "'. .. '- In consideration of, and to induce the award of this contract to him/her, the bidder represents and warrants that: (a) (b) (c) (d) 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 hislher 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 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. (e) He/She is not in arrear;; to the Town Board upon debt or contract and is not a defaulter as sur~tt,\c.O'ltractor, ~r 9therwj~e up9n, an)' ObUgRtiOpJO tJ1e Town Board , Town 6f Wappinger: ..... h -n . .. - . ".....l; .. ,.",~~~.lt . ,,' <t.. (f) All work shall be completed within the time allotted, from the date specified in the Notice to Proceed or set by the contracrdocumlin~/ cnailed 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 - 18- not correctly inserted, then upon the application of either party, the bid documents shall forthwith be physically amended to make such insertion. (i) That he/she is financially solvent and sufficiently experienced and competent to perform the work. (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: $~ n;~f ~~ ~~ (Words) $ q4h~ :; (Figures) - 19- J ~ J j j J j j j J j J J , i} .~ .....,j J J .:;~' r" ( r'" f" r" " " r" I""" ,.' , '1" " r rq f'r "T r" { f.....' BASE BID SHEET CONSTRUCTION BID AND CONTRACT CIDER MILL LOOP WATER STORAGE TANK DEMOLITION AND REPLACMENT CONTRACT 10-013 ITEM NO.lDESCRIPTION EST. PAYMENT UNIT PRICE BID TOTAL QTY. MEASURE PRICE BID WRITTEN AMOUNT IN FIGURES 1. Furnishing all materials, . supplies, equipment and other N,Nt ~ ~ ~~ facilities as required for demolition and replacement of >x ~SNtIb b.JI".IIl5 '1l'/X)O Ie the existing1 M gallon Cider Mill t qzqaXfCQ Loop steel water storage tank, 1 LUMP SUM with a 1.1 M glass lined steel storage tank, including all incidental labor and material, as indicated in the Contract Documents. 2. Allowance #1 Testing $10,000.00 3. Allowance #2 Contingency $10,000.00 M~ ....v~ I:'"" - S. 7W....-.b .-., IJt x~." ..... .~= Alt. A.s qfG/OOD'~ rr-' TOTAL BASE BID :-';, 11)'1 Lf-u ~::'i AUG 01 2011 '-- "~_'~_._~",--,~,.--.~~.,..,_.~,"-- ,~ ER 20 < ..... ". docum~9tation per Division 100, Article C.3. ,; ( .) '", . ~ ,) Also made a parfof thi Sign Bid f:jere .. Print Name Emil K. Lienau .- , .' Title President ill /.: ij.'( .~ .; Official Company Name ~,,' Company Mairg Address ~ Rhinebeck, NY 12572 CITY :.... . . Federal E'f'~1'dentification No. Telephoner~o~' 45-876-8040 ~.. j, . ',' . ~ . ' ~~ Fax No. ~...81t5-876-5145 ,19 Somers Drive, P ,0. Box 111 !:;;'~ ;,=, STREET ~ ~ .. StATE ;.. c., 14-1t58~3 , .. L > ~ ~' .. '" .\ LLC)* ZIP CODE - 21 - j :f ~ ,f .- j j i J J J ...... i .. J J j J j J ~ ~. j J ~; Ii. ~ (If bidder is a corporation, fill in the following blanks.) L Organized under the laws of the State of: New York 1:< .. Name and Address of President: Emil K. Lienau t f:t I .. 19 Somers Drive, Rhinebeck, NY 12572 ... Name and Addre'ss of Secretary: Shelly Kerney ... 53 Parsonage Street, Rhinebeck, NY 12572 Name and Emil K. Lienau Address of Treasurer: .. i. 19 Somers Drive, Rhinebeck, NY 12572 ..,. t .. iddJ'~"J~-;\ii~ij~f~~i%9(i~pany, fill in the following blanks.) .. Organized under the law , ,_to ,-. . ~ .. 9/ ... Name of Manager or Managing Member: Agent for Service of Process: Address for Service of Process: .. .. 1: .. ~ . - 22- ... STATE OF NEW YORK ) ss: COUNTY OF DU'ICHESS ) On the 1st day of August 2011 ' ,before me, the undersigned, a Notary Public in and for said State, personally appeared Emil K. Lienau 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. '7o;:R~~:I1' HU.Y1C8IIY tI1rMf ptJIJC STATE OF NEW w:lRK DUTCHESS COUN1Y UC. 101 KE4982894 COMM. EXP 611M9++,l.Ol)' - 23- J . ..J J J J J J ~ J ~J f .. j J j j J f ...,; J J 1: ... ....... BID BOND L. If a bond is used, the form bound in this manual should be used. No other form ! ~j III 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. ~ ... ~ .. ~ .. , .. ,: .-' l. ir. / ~<,C::~) /.<:/>~/ /' ,:-::~~':\'j ..,.~)" L, .. b 1. ~,,~ (\~..) v ~, a. ... ~ .. - 24- f ... BID BOND KNOW ALL MEN BY THESE PRESENTS: that * as Principal; and ** as Surety, are hereby held and firmly bound unto the Town Board, Town of Wappinger, New York in the amount of: Dollars $ for the payment whereof Principal and Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed this day of 20 . WHEREAS, the condition of the above obligation is such that, whereas the Principal has submitted to the Town Board a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for the Cider Mill Loop Water Tank Demolition and Replacement Project for the Town of Wappinger, New York, as shown and specified in Contract No.1 0-013. 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. - 25- J ~ j J J J j J J ..... f; J J J J J j J ~ J J " ; \., BID BOND KNOW ALL MEN BY THESE PRESENTS: that Standard Construction Corp. * 19 Somers Drive. P.O. Box Ill, Rhinebeck, NY 12572-0111 as Principal; and **Hartford Accident & Indemnity Company 100 Sont.h St.at.e Street. Syracuse. NY 13202 as Surety, are hereby held and firmly bound unto the Town Board, Town. of Wappinger, New York in the amount otg!vfh~eA~f~~hed Bid-----------~~X$(5% of 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 1st day of August 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 Cider Mill Loop Water Tank Demolition and Replacement Project for the Town of Wappinger, New York, as shown and specified in Contract No. 10-013. \..,. 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 th~iLprQper , he day and year first set forth above. --,- -=--- \.- p.,UG 01 LGi\ ER - 25- \., (SEAL) Standard Construction Corp. 12572-0111 *Insert Bidder's Name **Insert Surety's Name Sig~ed, sealed and delivered<' / In the presence of ~)j (' ~ ,I (r f1 J.1 ~ Shelly Kenn (Corporate seal of Contractor if a corporation) Standard Construction Corp. \. 19 Somers Drive, P.O. Box III By Kevin orney-~n-Fact By (Corporate seal of Surety) \..- - 26- \..., \.. \.- i STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) On the 1st day of August, 2011 , before me, the undersigned, a Notary Public in and for said State, personally appeared Emil K. Lienau 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. NOla pIAN~A DAHONEY ry ~ubliC. State of New York QuaHf.e~: No. 4984769 Comm' '. In DU.tCh:?-~~y'~ ISSlon EXPIWS 0J ~~(j NOTARY PUBLIC - 27- \., \.. ~ STATE OF COUNTY OF }ss: On this _ day of _, _ before me personally appeared _ with whom I am personally acquainted, w , being by me duly sworn, did depose and say: That (s)he resides at that (s)he is the _ of the _ the corpor Ion described in and which executed the fo going instrument; that he knows the corporate s I of said corporation; that the seal thereto fixed is such corporate seal; that it is so affixed y order of the Board of Directors, and that e signed his name thereto by like order. STATEOF New York COUNTY OF Dutchess Notary Public County }ss: On this 1st day of August, 2011 , before me personally appeared Kevin A. Viana with whom I am personally acquainted, who, being by me duly sworn, did depose and say: That (s)he resides at Pleasant Valley. NY that (s)he is the Attorney-In-Fact of the Hartford Accident and Indemnity Company 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 ofthe Board of Directors, and that he signed his name thereto by like order. DIANNA DAHONEY Notary ~lJbljC. Stale of New York Ou_t.!1eg: No, 4984769 C QlI1iecf In Dutchess C ommlss;on Expires ~~~ rJ~~~3fi Nt tary Public County KNOW ALL PERSONS BY THESE PRESENTS THAT: Direct Inqu.irieslC?'aims to: THE HARTFORD BOND, T-4 One Hartford Plaza Hartford, Connecticut 06155 call: 888-266-3488 or fax: 860-757-5835 Agency Code: 16-510418 POWER OF ATTORNEY \.. '-' IXJ IXJ IXJ CJ Hartford Underwriters Insurance Company. a corporation duly organized under the laws of the State of Connecticut CJ Twin City Fire Insurance Company. a corporation duly organized under the laws of the State of Indiana CJ Hartford Insurance Company of Illinois. a corporation duly organized under the laws of the State of Illinois CJ Hartford Insurance Company of the Midwest. a corporation duly organized under the laws of the State of Indiana CJ Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford. Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make. constitute and appoint, up to the amount of unlimited: Frank S. Maranto, Jr., Kevin A. Viana, Mary Ann Szczypca, Timothy Rychcik, Kathleen A. Brown, Carmella M. Grassi, Eleanor Menges of Poughkeepsie, NY their true and lawful Attorney(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 the nature thereof. on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 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. ,......l~.. .l~"'..'!.'... ~,..~ ~~.... IF:. ~,# ", '#. ,~ rr.. to,...' .. r....... "".: !,...."..,,}.~ ~ ~ l;::;;::~\..!\ ~ ~ ~ r...... ..' -. I.." .~ .;:.. . · 4.1.~ .. ..~I ., . J . '~."'M.'. \"~E \\'''tJI",!i\ 10'. Io.c~ '''''", <:. ,/it . ...., ",..p-, ~..............A'.. ..~ * ~;;_:~~ . ";;-..:.....,' '.:~...:.-:~.~ .......... ""<:.~' Hartford Fire Insurance Company, a corporation duly organized under the laws ofthe State of Connecticut Hartford Casualty Insurance Company. a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company. a corporation duly organized under the laws ofthe State of Connecticut L.?~LO. ~a- rc/!- Wesley W. Cowling, Assistant Secretary STATE OF CONNECTICUT} 55. Hartford COUNTY OF HARTFORD On this 3'd day of March. 2008. before me personally came M. Ross Fisher. to me known. who being by me duly sworn. did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. M. Ross Fisher. Assistant Vice President Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31,2012 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 Attorney executed by said Companies, which is still in full force effective as of August 1. 2011. Signed and sealed at the City of Hartford. @ h~-rg '-' frf~t Gary W. Stumper. Assistant Vice President \ \ " .' , . \. HARTFORD ACCIDENT AND INDEMNITY COMPANY Hartford, Connecticut Financial Statement, December 31, 2010 (Statutory Basis) ASSETS U,S. Government Bonds ................... Bonds of Other Governments ............. State, County Municipal Miscellaneous Bonds ............ Stocks........ ..... ....... ........... Short Term Investments ................... Real Estate ................................... Cash................................ ........... Agents' Balances (Under 90 Day) ...... Other Invested Assets ..................... Miscellaneous ............. ......... ......... Total Admitted Assel:$ ................... ~ STATE OF CONNECTICUT COUNTY OF HARTFORD CITY OF HARTFORD $ 669.786,396 36.951.289 1,463.919.759 1.226,341.932 356,232,675 $ 9.153.232.051 $ 0 (4.045,208) 190,094.753 301.330.381 497,877.704 $ 10,1.....489,681 }.. LIABILITIES Reserve for Claims $ and Claim Expense.......................... Reserve for Unearned Premiums................ Reserve for Taxes. license and Fees ....................................... Miscellaneous liabilities .......................... Total Uabllltles ..................................... $ 5,675,150.338 1,563,531,537 47,059,049 275,792.298 7.561.533.222 Capital Paid In $ Surplus ................ 40,000.000 3.142,956,459 Surplus as regards Policyholders........... Total LIabilities, Capital and Surplus..... ................... n....... $ 3.182,956.459 $ 10.744.489.681 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 say that the foregoing Is a true and correct statement of the said company's financial condition as of December 31, 2010. Subscribed and sworn to before me this 21st day of March. 2011. ~(4. A,4~'Al.h Nora M. Stranko Notary Public My Commission Expires March 31. 2013 ~ Form CS-19-37 HA printed in U.S.A fC;L M. Ross Fisher, Assistant VIce President ~~ A. ~~\.~ Patricia A. Murrone. Assistant Secretary La '--" t" .. T II. !, .. ,: ir. L i ~. .. ~1'. .. ~.., .. \: .. .. ~ i.. CERTIFICA liON OF NON-COLLUSION BY BIDDER No bid will be considered unless this Certification remains attached to and is submitted with the Bid Standard Construction Corp. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief: (1) The prices in this bid have been arrived at independently, without collusion, consultation, communication, or agreement for the purpose of restricting competition as to any matter relating to such prices, with any other bidder or with any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not knowingly been disclosed 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 com petition. 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 II. items or other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of subparagraph (1). I, Ie. (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 -........ l .. .. - 28- J ~ J J J J j J J -'-j J 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 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 BIDDER'S SIGNATURE: DATE: ,/..:>--' r / /// ,~/,/ f,c:' . . /y '~,." \> ("~..4 ) ~,\\ \. '\ \) {/> \J ',:,i' - 29- J j j j J t ,..",; J J