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Arold Construction Company inc~~ ~- ~ C-~,`~~`~~~~ Ll U'u~w `.:. ~ -~ 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 E:\documentsl7 Wappingerla W20t21W21205 Roberts Rd Pump StationlSpeclflcations100410.doc 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 E:\documents\T Wappinger\a W2012\W21205 Roberts Rd Pump Station)Specifications\00310_General.doc 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 E:\documents\T Wappinger\a W2012\W21205 Roberts Rd Pump Station\Specifications\00310_General.doc 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 E:\documents\T Wappinger\a W2012\W21205 Roberts Rd Pump Station\Specifications\00480.doc 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 E:\documents\T Wappinger\a W2012\W21205 Roberts Rd Pump Station\Specifications\00480.doc