H.B Wiltse Excavating IncSECTION 00310 -BID FORM
CONTRACT NO. 12-012
GENERAL CONSTRUCTION
BID FORM
TO: The Town Board of the Town of Wappinger.
MAY 0 8 2013
TOWN OF W~~PINGER
In compliance with your Advertisement for Bids, published in the
Pnug]11~nsie JoLrnal dated ~,~] 20]3 ,the
undersigned, H_B. Wiltse Excavating Inc having carefully examined the Contract
Documents and any Addenda thereto, proposes and agrees as follows:
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:ldocumentslT Wappingerla W2012\W21205 Roberts Rd Pump StetionlSpecfications\00310_General.doc
thereto, his read all addenda furnished prior to the opening of bids, and has satisfied
himself/herself relative to the work to be pertormed.
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
2
DATE SIG TUR
04/25/ 13
05/02/ 13
The bidder proposes to pertorm the work required in accordance with the Contract
Documents for the sum of:
BASE BID (GENERAL CONSTRUCTION)
Two hundred forty five thousand, six hundred eighty six dollars $ 245,686.00
(in writing) and zero cents (and figures)
Dated: __May 8 , 2
SIGN BID HERE
Print Name
Legal Company Name H_R. Wiltce Excavating Inc
Address 907 Dutchess Turnpike
City, State, Zip Poughkeepsie, NY 12603
Telephone No. 845-454-0344
Marc
re
Vice-President
Title
Federal I.D. # 14-1670581
BID FORM
00310-2
E:ldocumentslT Wappingerla W20121W21205 Roberts Rd Pump StationlSpecifications100310_General.doc
ITEM NO./DESCRIPTION
1. Furnish and install all materials,
supplies, equipment and other
facilities as required for construction
of Roberts Road Sewer
Improvements- General
Construction, including all
incidentals, as shown and as
specified in the Contract Documents.
2. Rock Excavation
3. Authorized Additional Excavation
4. Lift Station Abandonment
ALLOWANCE #1
Testing Services
ALLOWANCE #2
Contingency Allowance
BASE BID SHEET
GENERAL CONSTRUCTION
CONSTRUCTION BID AND CONTRACT
ROBERTS ROAD SEWER IMPROVEMENTS
EST. PAYMENT UNIT PRICE BID
QTY. UNIT
WRITTEN AMOUNT IN FIGURES
1 ~ S Two hundred seven
thousand, six hundred $207,636.00
thirty six dollars and zero
cents
30 C.Y.
Two hundred dollars and zero cent $200.00
30 C.Y. Thirty five dollars and zero cents
1 ~ $35.00
Six thousand dollars and zero cents $6,000.00
TOTAL BASE BID
- END OF SECTION-
MAY 0 8 2013 i
TOWN ~~ ~1lA~~~E~l~ER
TOTAL
PRICE BID
$207,636.00
$6,000.00
$1,050.00
$6,0-_ ~
$5, 000.00
$20, 000.00
$245,686.00
SECTION 00410-BID BOND
BID BOND FORM
KNOW ALL PERSONS BY THESE PRESENTS: that
__ __ _ _._._.~~__ r_,_-
MAY Q 8 ~~13
TOWN OF W~~~~f~iOF~<
.-~-~, ~t ~ ~,i ~', 9 ~'R. ~
HB Wiltse,Excavating, Inc.
* 907 Dutchess Turn ike Pou hkee sic NY 12603
Principal; and as
Selective Insurance Company of America
** 40 Wantage Avenue, Branchville, NJ 07890
hereby held as Surety, are
and firmly bound unto the Town Board, Town of Wappinger, New York in the amount of:
Five Percent of the Attached Bid----~
_157 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
WHEREAS,
day of _ May 20 13
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 Roberts Road Sewer Improvements in the Town of
Wappinger,-New Yark,*as shown and specified in the contract, plans and specifications.
*Contract No.12-012-General Construction
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 the
Contract Agreement in the form attached hereto tproperly completed in
accordance with said Bid) and furnish such performance bond and tabor and
material payment bond as required,
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, far 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 fhe 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
E:ldocumentslT Wappingerla W20121W212t)5 Roberts Rd Pump StationtSpecificalians1o0410.doc 00410-1
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
yearfirst set forth above.
(Seal of Principal if a Corporation)
HB Wiltse Excavatin Inc.
PRINCIPAL
rn a Pou hke sie, NY 12603
By: ---~
Mart Yuyi ico, V ce Pres dent
Selective ranee Com an of America (Corporate Seal of SuretyCo.)
B ''
(Offices a ~s/I ~ nature
Kevin A. Viana, Attorney-in-Fact
(Officer's/Partner's/Individual's name printed
~ ~~~e Insurance Comnanv of America
(Corporation!Partnership/Cndividual) name printed
STATE of New York ~
COUNTY of Dutchess ) ss:
On this 1l s__t ______ day of May
before me personally caitne ktarc Vumbico ~ 20 13 .
known and known to me to be the person described in and who executed
foregoing instrument, and he/she ..duly acknowledged. that he/she executed
same. ~
~.uunry
me
the
the
- END OF SECtION- KAT~iLEEN LOMUSCiO
Notary Public, State of New York
Residing in Dutchess County
Reg. No. 01 L06274233
Commission Expires December 31, 20~G
BID BAND
E:ldxumerrtslT Wappiogerla W20121W2120b Roberts Rd-Pump St2tionlSpecirieations1o047o.dx 00410-2
No. dl-~~°`t-~ 3 3 Term Expires~~L~
ACKNOWLEDGMENT OF PRINCIPAL
(Individual or Partnership)
STATE OF
COUNTY OF
On this
appeared the above named
day of
to me known and known to me to be the same
the execution of the same.
STATE OF
COUNTY OF
On this
appeared
ss:
,before me personally
and who executed the above instrument and dully acknowledged
Notary Public
(Corporation)
ss:
)))_ day of
County
,before me personally
to me known ,who, being by me duly sworn, did deg6se and say that he/she resides in
that he/she is the of
the corporation described in and which execute the foregoing instrument; that he/she knows the seal of said corporation; that
the seal affixed to said instrument is such c rporate seal; that it was affixed by order of the Board of Directors of said
corporation and that he/she signed his/her n e thereto by like order.
Notary Public
ACKNOWLEDGMENT OF SURETY
STATE OF New York
COUNTY OF Dutchess } ss:
County
On this 1st day of May 2013 ,before me personally
appeared Kevin Viana to me known, who, being by me
duly sworn, did depose and say that he/she resides in Pleasant Valley, NY
that he/she is the Attornev-in-Fact of the
Selective Insurance Company of America
the corporation described in and which executed the foregoing instrument; that he/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 he/she signed his/her name thereto by like order; and deponent further says that he/she is acquainted
with Kevin Viana and knows him/her to be the
Attornev-in-Fact subscribed to the within instrument is in the genuine handwriting of the said Kevin Viana
and was subscribed thereto by like order of the Board of Directors in t presence of deponent.
Notary Pu is County
KATHLEEN LOAIIUSClO
Notary Public, State of New York
Residing in Dutchess County
Reg. No: 01 LOg274233
Commission Expires December 31, 2Q~~
-,~~ ~„E,?~ (For use in New York ONLY)
sELECrIVE~
Selective Insurance Company of America
40 Wantage Avenue
Branchville, New Jersey 07890 BondNo.B 1130515
973-948-3000
POWER OF ATTORNEY
SELECTIVE INSURANCE COMPANY OF AMERICA, a New Jersey corporation having its principal office at 40
Wantage Avenue, in Branchville, State of New Jersey ("SICA"), pursuant to Article VII, Section 1 of its By-Laws, which
state in pertinent part:
The Chairman of the Board, President, Chief Executive Officer, any Executive Vice President,
any Senior Vice President or any Corporate Secretary may, from time to time, appoint attorneys
in fact, and agents to act for and on behalf of the Corporation and they may give such appointee
such authority, as his/her certificate of authority may prescribe, to sign with the Corporation's
name and seal with the Corporation'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 may, at any time, remove any such appointee and revoke the power and
authority given him/her.
a
O
U
W
w
H
W
U
does hereby appoint Kevin Viana
its true and lawful attorney(s)-in-fact, full authority to execute on SICA's behalf fidelity and surety bonds or undertakings
and other documents of a similaz character issued by SICA in the course of its business, and to bind SICA thereby as fully
as if such instruments had been duly executed by SICA's regularly elected officers at its principal office, in amounts or
penalties not exceeding the sum of: Five Hundred Thousand Dollars ($500,000.00)
Signed this 1st
day of May 2013
SELECTIVE INSURANCE
By:
Its VP, Bond Department
STATE OF NEW JERSEY
:ss. Branchville
COUNTY OF SUSSEX
Public Bid
1926
On this 1st day of May 2013 before me, the undersigned office ~ evsflnally
appeared Timothy A. Mazchio, who acknowledged himself to be the Vice President of SICA, and that h ~'~ k'1,~'•,
Vice President, being authorized so to do, executed the foregoing instrument for the purposes therein ~ ned,.~ sigt;~
the name of the corporation by himself as Senior Vice President an h t the same was his free act an~ died ~ ~ifree:acG
and deed of SICA. ~ ~ ,~"',"~~' ""
No1uy PiIbNC dMrrw ~on~+eBl413os>`s
~~~ ~`~~'~ Notary Public ~%, ~~~, JE~'`~~ ,'
The power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by
the Board of Directors of SICA at a meeting duly called and held on the 6th of Februazy 1987, to wit:
"RESOLVED, the Board of Directors of Selective Insurance Company of America authorizes and approves the use of a
facsimile corporate seal, facsimile signatures of corporate officers and notarial acknowledgements thereof on powers of
attorney for the execution of bonds, recognizances, contracts of indemnity and other writing obligatory in the nature of a
bond, recognizance or conditional undertaking." ~ ~_~
CERTIFICATION
Signed this 1st day of May 2013 .
1 do hereby certify as SICA's Corporate Secretary that the foregoing extract of SICA's By-Laws
force and effect and this Power of Attorney issued pursuant to and in accordance with the By-La
H. Lanza, SICA
hnportant Notice: [f the bond number embedded within the Notary Seal does not match the number in the upper
right-hand comer of this Power of Attorney, contact us at 973-948-3000.
ANY
SEAL
1926
B91 (12-11)
SELECTIVE ~
Selective Insurance Company of America
40 Wantage Avenue
Branchville, New Jersey 07890
973-948-3000
STATEMENT OF FINANCIAL CONDITION
I hereby certify that the following information is contained in the Annual Statement of Selective Insurance Company of
America ("SICA") to the New Jersey Department of Banking and Insurance as of December 31, 2011:
Bonds 51,637,544 Reserve for losses and loss expenses 51,275,472
Preferred stocks at convention value 0 Reserve for unearned premiums
375,856
Provision for unauthorized
Common stocks at convention values 107,231 reinsurance 577
Subsidiary common stock at Commissions payable and
convention values 0 contingent commissions 21,199
Short-term investments 72,139 Other accrued expenses
20,039
Mortgage loans on real estate
(including collateral loans) 38,131 Other liabilities 200.275
Other invested assets 102,916 Total liabilities 1,893,418
Interest and dividends due or accrued 17,410
Premiums receivable 295,614 Surplus as regards policyholders 507.390
Other admitted assets 129.823
Total liabilities and surplus as
Total admitted assets $ 2.400.808 regards policyholders 5 2.400.808
I further certify that the following is a true and exact excerpt from Article VII, Section 1 of the By-Laws of SICA, which is
still valid and existing.
The Chairman of the Board, President, Chief Executive Officer, any Executive Vice President,
any Senior Vice President or any Corporate Secretary may, from time to time, appoint attorneys
in fact, and agents to act for and on behalf of the Corporation and they may give such appointee
such authority, as his/her certificate of authority may prescribe, to sign with the Corporation's
name and seal with the Corporation'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 may, at any time, remove any such appointee and revoke the power and
authority given him/her. ,,~''~``~~
IN WITNESS WHEREOF, I hereunto subscribe my name and afliJhe seaISICflyfuus
Michael H. Lanza
SICA Corporate S
STATE OF NEW JERSEY
:ss. Branchville
SEl~L ~j =;;,
1926 ~ / g~,
J E~
COUNTY OF SUSSEX ~ ~ ~/
On this `day of 2012, before me, the undersigned officer, personally appeared Michael H. Lanza, who --
acknowledged himself to be the Corporate Secretary of SICA, and that he, as such Corporate Secretary, being ~uthb ed~sp
to do, executed the foregoing instrument for the purposes therein )e,¢, by signing the name of the co ~ k/ ~'~.,
himself as Corporate Secretary. ate'" fy ;' Q-, • ~ ' •~~
,.
_- ._,.
-~, _
My Commission Expires: ~/~~~/~ : A~/B1.~G -
~'• .~
c~ ~~
MAY 0 8 2013
SECTION 00480-CERTIFICATION OF NON-COLLUSION
TOINR~ ~~ w~+~~~PINGER
CERTIFICATION OF NON-COLLUSION BY BIDDER -~-~n, ~ r; e ~°,i ~~ ~ ~ ~
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:
Celeste Wiltse, President 15 Barnes Drive Poughkeepsie, NY 12603
Marc Vumbico, Vice-President 15 Barnes Drive Poughkeepsie, NY 12603
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:
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
person, partnership or corporation
purpose of restricting competition.
be made by the bidder to induce any other
to submit or not to submit a bid for the
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:ldocumentstT Wappingerla W20121W21205 Roberts Rd Pump StationlSpec~cations100480.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
shall 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.
Marc-Vum~'o, Vice-President
- END OF SECTION -
CERTIFICATION OF NON-COLLUSION 00480-2
E:ldocumentslT Wappingerla W20121W21205 Roberts Rd Pump StationlSpecifications100480.doc
H.B. WILTSE EXCAVATING, INC.
907 DUTCHESS TURNPIKE
POUGHKEEPSIE, N.Y. 12603
(845) 454-0344
FAX-(845) 452-9670
RESOLUTION OF CORPORATE BIDDER
Resolved that Marc Vumbico be authorized to sign and submit the bid or
proposal of the Corporation for H.B. WILTSE EXCAVATING, INC. and to include in
such bid or proposal the certificate as to non-collusion required by Section 103-d of the
General Municipal Law as the act and deed of such Corporation, and for any inaccuracies
of misstatement in such certificate this corporate bidder shall be liable under the penalties
of perjury.
The foregoing is a true copy of the Resolution adopted by H.B Wiltse Excavating, Inc. at
a meeting on the 8th day of May 2 013
~N,~
Celeste Wiltse, President
Officers:
Celeste Wiltse, President
Marc Vumbico, Vice-President
Corporate Address:
907 Dutchess Turnpike
Poughkeepsie, N.Y. 12603
State of Incorporation:
New York