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SECTION 00410-BID BOND MpY d ~ 2013
BID BOND >=ORM TOWN OF W~ `'
KNOW ALL PERSONS BYTHESE PRESENTS: that
* Arold Construction Company, 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 April 20 13
WHEREAS,
The condition of the above obligation is such that, whereas the Principal has suk?~.~itted
to the Town Board a certain bid, attached hereto and hereby made a park hereof, to
enter into a contract in writing for the Roberts Road Sewer Improvements in the Town of
Wappinger, New York, as shown and specified in the contract, plans and specifications.
NOW THEREFORE,
(a} Ifi said Bid shall be rejected, or in the alte.; Hate
(b) If said Bid shall be accepted and the Principal shall execute and deliver the
Contract Agreement in the form attached hereto (properly completed in
accordance with said Bid) and furnish such performance bond and labor and
material payment bond as required,
then this obligation shall be void. Otherwise, the same shall remain in farce 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.
*Insert Bidder's Name
**Insert Surety's Name
BID BOND 00410-1
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IN WETNESS 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.
(Seal of Principal if a Corporation)
We ern Surety Company
Catherine T. Bazycki,f
Attorney-In-Fact
Arold Construction Company, Inc.
PRINCIPAL
- gy; Valerie Dwyer, Presi t
(Corporate Seal of Surety Cq.)
(Officer's/Partner's/Individual's) signature
(Officer's/Partner's/Individual's) name printed •
(Corporation/Partnership/Individual) Warne printed
STATE of
COUNTY of ) ss:
On this day of , 20
before me personally came to me
known and known to me to be the person described in and who executed the
foregoing instrument, and he/she duly acknowledged that he/she executed the
same. ,
Notary Public, County
No. Term Expires
- END OF SECTION-
BID BOND 00410-2
E:ldocumentslT Wappingerla W20121W21205 Roberts Rd Pump Stetlonlspecificetions100410.doc
INDIVIDUAL ACKNOWLEDGEMENT
State of
County of
On this
day of
before me personally appeared
mown to me to be the person _ described in and who executed the foregoing instrument, and he duly
acknowledged to me that he executed the same.
Notary Public
PARTNERSHIP ACKNOWLEDGEMENT
State of
County of
On this
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 New York
County of Ulster ] ss:
On this 26`h day of April 2013
Valerie Dwyer
to me known, who being by me duly sworn, did depose and say: that she resides at
that she is President
Kingston, New York
of the corporation described in and which executed the foregoing instrument; that she knows the seal of said
corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said corporation; and that she signed her name t ereto ike order.
A `
wren A. Tobias Notary Public
Notary ~ubiiC, State Of New York
SURETY ACKNOWLEDGEMENT N®. 01706157148
Qualified in putChess County
State of New York ] Commission Expires Dec. 4, 20 ~y
County of Schenectady ] ss:
On this 26"' day of April 2013 before me personally appeared
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.
~ ~
<~
KARA M. DERENZ Notary Public
Notary Public, State of New York
1834p Qualified in Schenectady County
No.01DE608E544
Commission Expirzs Jan. 27, 20 i _
]
] ss:
]
] ss:
NOTARIAL JURAT
before me personally appeared
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Catherine T Bazycki, Gail D Valentino, J Carlos Viana, Jeanne M Maloy, Individually
of Scotia, NY, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 2lst day of September, 2012.
~E*r`~y WESTERN SURETY COMPANY
,; ••PO~...,PO~ga
3'~"tpP '9j1e._
a W~V ~iZ
3+}.,S f Ab :'ma'r
f '•.. Pg
~rll D
aul T. Bruflat, Vice President
State of South Dakota
SS
County of Minnehaha
On this 21st day of September, 2012, 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 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.
My commission expires +~`Y'•'~'w'+'w~+ti..~.~...vtiw...,~
J. MOHR
June 23, 2015 ~ EAL NOTARY PUBLIC sEa~
d SOUTH DAKOTA
+ ••+ L~
J. Mohr, Notary Public
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 26th day of April 2013
=~eoa'.;°~s WESTERN SURETY COMPANY
W;ooa Ar~~>
t :z
J"'•.. Pa
ATM pAK~
L. Nelson, Assistant Secretary
Form F4280-7-2012
WESTERN SURETY COMPANY
Sioux Falls, South Dakota
Statement of Net Admitted Assets and Liabilities
December 31, 2012
ASSETS
Bonds $1,544,217,378
Stocks 23,405,721
Cash and short-term investments 85,332,658
Uncollected premiums and agents' balances 32,034,747
Amounts recoverable from reinsurers 163,180
Net deferred tax asset 23,141,708
Electronic data processing equipment and software 47,102
Investment income due and accrued 18,997,674
Other assets 5,203,942
Total Assets $1,732,544,110
LIABILITIES AND SURPLUS
Losses $310,752,443
Loss adjustment expense 79,546,495
Contingent and other commissions payable 6,404,001
Other expense 1,046,332
Taxes, licenses and fees 1,652,483
Unearned premiums 249,533,795
Other liabilities 31,210,018
Total Liabilities 680,145,567
Surplus Account:
Capital paid up $4,000,000
Gross paid in and contributed surplus 280,071,836
Unassigned funds 768,326,707
Surplus as regards policyholders $1,052,398,543
Total Liabilities and Capital $1,732,544,110
~®,`t~4a1~-i o~ettrf„r~f~ff
w~= ~'~'
I;-.~'$.g ~tant Vice President of Western Surety Company hereby certify that the above is
art"~.a~rate repx ' tion of the financial statement of the Company dated December 31, 2012, as filed
witl=f ~ ' rance Departments and is a true and correct statement of the condition of Western
Surety ~'dc~Pfp~4i~ as of that date.
Western Surety Company
By Assistant 'ce r ident
Subscribed and sworn to me this 25th day of March , 2013.
................o...........
M~commission expirCs: "OFFICIAL SEAL" '/
KATHLEEN M, SCHROEDER + ~fa~=Q ~~-~^- ~ ~ ~
~ Notery PuttliC, Slate of Illinois : Notary Public
MyCammission Expires 081161f5 ;
~'°.:.
SECTION 00310 -BID FARM
CONTRACT NO. 12-012
GENERAL CONSTRUCTION
BID FORM
TO: The Town Board of the Town of Wappinger.
In compliance with your Advertisement for Bids, published in the
dated ,the
undersigned, Arold Construction Co., Tnc. having carefully examined the Contract
Documents and any Addenda thereto, proposes and agrees as follows:
1. To furnish all the equipment, and incidentals, and to furnish labor and do all
the work required, to construct, furnish, and complete the Contract No. 12-
012, Roberts Road Sewer Improvements -General Construction and
associated work in accordance with the prices so named in this bid in a
worker like manner, in accordance with the plans and specifications, all of
which are a part of the contract hereto annexed.
2. To complete all the work as shown and specified, on which this bid is based,
within the timeframe(s) specified in these Contract Documents and any
Addendum thereto.
3. To furnish the Town within five (5) calendar days from the date of the
request, if identified as the apparent low bidder and if requested by the
Town, a Statement of Qualifications.
4. To enter into a contract and to furnish, with suitable surety to be approved by
the Town Board, performance and labor and material payment bonds, the
amount of each of the bonds to be the full amount of the awarded bid price
as it appears in this proposal, within thirty (30) calendar days from the date
of acceptance of this bid
5. To comply with the Davis-Bacon Act and other federal labor standards or
provisions and to pay New York State prevailing wage rates applicable to
this contract.
In compliance with the Instructions to Bidders, the undersigned declares that
he/she has examined the site of the work and informed himself/herself fully in regard to
all conditions pertaining to the place where the work is to be done. He/she has
examined the plans and specifications for the work and the contract documents relating
BID FORM 00310-1
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thereto, has read all addenda furnished prior to the opening of bids, and has satisfied
himself/herself relative to the work to be performed.
If the undersigned fails to perform any of the promises made herein, the certified
check, which is herewith deposited with the Town Clerk, will be paid to the Town of
Wappinger or payment of the bond herewith deposited will be enforced for the benefit of
the Town of Wappinger as liquidated damages for such default; otherwise the check or
bond will be returned to the undersigned.
ADDENDA:
Receipt of the following addenda (if any) is hereby acknowledged and the
provision(s) thereof is (are) included in this bid:
ADDENDUM NO.
1
DATE IGNATURE
~(-asl ~3
sla~l ~ .
The bidder proposes to perform the work required in accordance with the Contract
Documents for the sum of:
BASE BID (GENERAL CONSTRUCTION)
One hundred sixty two thousand six hundred
dollars and no cents
(in writing)
Dated: April 26th
SIGN BID HERE vl
Legal Company Name
Address
City, State, Zip
Telephone No.
Federal I.D. #
BID FORM
20 13
Authorized Signatu
Valer:
Print Name
~ 162,600
(and figures)
resident
M. Dwyer
Arold Construction Co., Inc.
Title
51 Powder Mi11 Bridges Boad
Kingston, NY 12401
845-336-8753
14-1643021
00310-2
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BASE BID SHEET
GENERAL CONSTRUCTION
CONSTRUCTION BID AND CONTRACT
pnRGRTC anon cP~n~PR IMPRnVFMFNT~
ITEM NO./DESCRIPTION EST. PAYMENT UNIT PRICE BID TOTAL
QTY UNIT PRICE BID
. WRITTEN AMOUNT IN FIGURES
1. Furnish and install all materials,
supplies, equipment and other ~ L.S.
One hundred twenty
facilities as required for construction
of Roberts Road Sewer eight thousand four
Improvements-General hundred dollars and $128,400 $128,400
Construction, including all no cents
incidentals, as shown and as
specified in the Contract Documents.
2. Rock Excavation 30 C.Y. One hundred dollars $100.00 $3,000.00
3. Authorized Additional Excavation 30 C.Y. Forty dollars $40.00 $1,200.00
4. Lift Station Abandonment 1 EA Five thousand dollars
ALLOWANCE #1 $5,000.00
Testing Services -------- ------------------- --------------------------- --------------------
ALLOWANCE #2 $20,000.00
Contingency Allowance -------- ------------------- --------------------------- --------------------
TOTAL BASE BID $162,600.00
- END OF SECTION-
MAY 0 8 2J13
SECTION 00480-CERTIFICATION OF NON-COLLUSION
CERTIFICATION OF NON-COLLUSION BY BIDDER
The undersigned represents that pursuant to Sections 103-a and 103-b of the General
Municipal Law of the State of New York, no person referred to in the attached proposal
who is the bidder or who is or was a member, partner, director or officer of the bidding
firm or entity under this proposal has refused to sign a waiver of immunity or to answer
any relevant questions relating to any transaction or contract with the State of New
York, any political subdivision thereof, or any public authority, during the period of five
years prior to the date hereof. The undersigned agrees that any contract awarded as a
result of this bid may be canceled without penalty upon the grounds set forth in Sections
103-a and 103-b of the said General Municipal Law of the State of New York. The
names and addresses of all persons and parties interested in the foregoing bid are as
follows:
Valerie M. Dwyer- 326 Loughran Court, Kingston, NY
Gary J. Arold- 51 Powder Mill Bridge Road, Kingston, NY
Ryan M. Arold- 1096 Ulster Landing Road, Saugerties, NY
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 knowledge and belief:
1. The prices in this bid have been arrived at independently without collusion,
consultation, communication, or agreement, for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or with
any competitor;
2. Unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder prior to opening, directly or indirectly, to any other bidder
or to any competitor; and
3. No attempt has been made or will be made by the bidder to induce any other
person, 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
CERTIFICATION OF NON-COLLUSION 00480-1
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the bid a signed statement which sets forth in detail the reasons therefore. Where I, 2
and 3 above have not been complied with, the bid shall not be considered for award nor
shalt any award be made unless 'the head of the purchasing unit of the political
subdivision, public department, agency or official thereof to which the bid is made, or his
designee, determines that such disclosure was not made for the purpose of restricting
competition.
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 (cj has sold the same items to other
customers at the same prices being bid, does not constitute, without more, a disclosure
within the meaning of subparagraph one.
Any bid hereafter made to any political subdivision of the State or any public
department, agency or official thereof by a corporate bidder for work or services
performed or to be performed or goods sold or to be sold, where competitive bidding is
required by statute, rule, regulation, or local law, and where such bid contains the
certification referred to in subdivision one 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.
` Valerie M. Dwyer
- END OF SECTION -
CERTIFICATION OF NON-COLLUSION 00480-2
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