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
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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.
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AUG 01
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(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)
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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
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III
III
III
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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\.~
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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
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In consideration of, and to induce the award of this contract to him/her, the bidder
represents and warrants that:
(a)
(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
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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)
....
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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
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AUG 01 2011
V~YYl-~
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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
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(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:
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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
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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.
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CERTIFICATION OF NON-COLLUSION BY BIDDER
No bid will be considered unless this Certification remains attached to and is submitted
with the Bid
By submission of this bid, each bidder and each person signing on behalf of any bidder
certifies, and in the case of a joint bid each party thereto certifies as to its own organization,
under penalty of 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
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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
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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
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- 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~.
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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.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
,
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III
DIVISION 200
BID FORM
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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
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SIGNATURE
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In consideration of, and to induce the award of this contract to him/her, the bidder
represents and warrants that:
(a)
If this bid is accepted by the Town Board, Town of Wappinger, as evidenced
by issuance of a Notice of Award by the Owner, and mailed by registered
mail with return receipt requested to the address of the bidder as indicated
on 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) ~
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, (Figures)
$
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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
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TOTAL BASE BID
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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 -
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(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......
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Name
and
Address
of
Treasurer:
(If bidder is a Limited Liability Company, fill in the following blanks.)
Organized under the laws of the State of:
Name of Manager or Managing Member:
Agent for Service of Process:
Address for Service of Process:
- 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
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~~Y PUBLIC
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If a bond is used, the form bound in this manual should be used. No other form
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may be used except with prior approval by the Owner after review by the Town
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Attorney which approval may be granted or withheld, in the Owner's discretion.
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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-
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**Insert Surety's Name
By
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in the presence of
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- 26-
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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
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CERTIFICATION OF NON-COLLUSION BY BIDDER
No bid will be considered unless this Certification remains attached to and is submitted
with the Bid
By submission of this bid, each bidder and each person signing on behalf of any bidder
certifies, and in the case of a joint bid each party thereto certifies as to its own organization,
under penalty of 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
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DIVISION 200
BID FORM
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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,
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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 -
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In consideration of, and to induce the award of this contract to him/her, the bidder
represents and warrants that:
(a)
(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)
$
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(Figures)
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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
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AUG 01 2011
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docum~9tation per Division 100, Article C.3.
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Also made a parfof thi
Sign Bid f:jere
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Print Name
Emil K. Lienau
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Title
President
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Official Company Name
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Company Mairg Address
~ Rhinebeck, NY 12572
CITY :....
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Federal E'f'~1'dentification No.
Telephoner~o~' 45-876-8040
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Fax No. ~...81t5-876-5145
,19 Somers Drive, P ,0. Box 111
!:;;'~ ;,=, STREET
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ZIP CODE
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(If bidder is a corporation, fill in the following blanks.)
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Organized under the laws of the State of:
New York
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Name and Address of President:
Emil K. Lienau
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19 Somers Drive, Rhinebeck, NY 12572
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Name and Addre'ss of Secretary: Shelly Kerney
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53 Parsonage Street, Rhinebeck, NY 12572
Name and
Emil K. Lienau
Address
of
Treasurer:
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i. 19 Somers Drive, Rhinebeck, NY 12572
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iddJ'~"J~-;\ii~ij~f~~i%9(i~pany, fill in the following blanks.)
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Organized under the law
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Name of Manager or Managing Member:
Agent for Service of Process:
Address for Service of Process:
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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)'
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BID BOND
L.
If a bond is used, the form bound in this manual should be used. No other form
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may be used except with prior approval by the Owner after review by the Town
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Attorney which approval may be granted or withheld, in the Owner's discretion.
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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-
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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-
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(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)
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- 26-
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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
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NOTARY PUBLIC
- 27-
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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
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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,...'
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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-
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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.
@
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Gary W. Stumper. Assistant Vice President
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\. 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
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Form CS-19-37 HA printed in U.S.A
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M. Ross Fisher, Assistant VIce President
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Patricia A. Murrone. Assistant Secretary
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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.
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... (4) The fact that a bidder (a) has published price lists, rates, or tariffs, covering items
being procured, (b) has informed prospective customers of proposed or pending
\\ publication of new or revised price lists for such items, or (c) has sold the same
II. items or other customers at the same prices being bid, does not constitute, without
more, a disclosure within the meaning of subparagraph (1).
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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
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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:
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