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Hosterhoudt ExcavatingSECTION 00310 -BID FORM .. CONTRACT NO. 12-012 ~- GENERAL CONSTRUCTION BID FORM TO: The Town Board of the Town of Wappinger. MAY 0 8 2013 TOV~t~ OF V'~APPINC~ In compliance with your Advertisement for Bid published in the :~ ~ dated ~ ~' ,the undersigned, aving carefully examined the Contract ,,, Documents and any Addenda thereto, propose nd 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 00310-1 BID FORM E:\documents\T Wappinger\a W2012\W21205 Roberts Rd Pump Station\Spec~cations\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. DATE S TORE ~ a~ ~. The bidder proposes to perform the work required in accordance with the Contract Documents for the sum of: BASE BID (GENERAL CONSTRUCTION) (in writing) (an figures) 0 Dated: SIGN BID HERE Legal Company Nam ~JaICJ ~ 1 Address ~ ~~~ L~~ City, State, Zip ~-1 1`~~~ V~ Telephone No. ~ ~ ~~ Federal I.D. # ~Q~,p ~~ ~~~ BID FORM 00310-2 ~ ~~~ E:\documents\T Wappingerla W2012\W21205 Roberts Rd Pump Station\Spec~cations\00310_General.doc t Print Name ~ * ~ i 1 f BASE BID SHEET GENERAL CONSTRUCTION CONSTRUCTION BID AND CONTRACT ROBERTS ROAD SEWER IMPROVEMENTS ITEM NO./DESCRIPTION EST. PAYMENT UNIT PI QTY UNIT . WRITTEN AMOUNT 1. Furnish and install all materials, supplies, equipment and other 1 L S p~ h~,~,~~~ facilities as required for construction of Roberts Road S . . ~~~~ C~~~ }~~ ewer Improvements- General ~p~;~,C ~"'til~~~~i-~ Construction, including all ~~},~~ d"1E., c~41~.'~ incidentals, as shown and as specified in the Contract Documents. 2. Rock Excavation 30 C.Y. ~e~~hv,,c~~1c r 3. Authorized Additional Excavation 30 C.Y. r ~ n r ~ ~ ~ 4. Lift Station Abandonment 1 EA ~t~~o ALLOWANCE #1 i Testing Services ________ ___________________ --------------------------- ALLOWANCE #2 Contingency Allowance ________ ___________________ -END OF SECTION- LICE BID TOTAL IN FIGURES PRICE BID go a,~ ctr- ~~ ~ , ~~'~ J -------------------- i 0 ,1`Otr~ $5,000.00 $20, 000.00 TOTAL BASE BID I(~q~q~1 -~ 1.111 ~ `~' t'~~,%~ ~'~J MAY 0 ~ 2013 .may f 1 ~ -re A ... c, SECTION 00410-BID BOND MAY 0 ~ 2~i3 B1D BOND FORM 'TOWN OF WAPPINGER KNOW ALL PERSONS by THESE PRESENTS: that * H. Osterhoudt Excavating, Inc., 11 Spring Street, Ellenville, NY 12428 as Principal; and Westchester Fire Insurance Company, 33 Arch Street, 29th Floor, Boston, MA 02110 ** as Surety, are hereby held and f:rrnly bound unto the Town Board, Town of Wappinger, New York in the amount of: '`*Five Percent (5%) of the Amount Bid*'' Dollars ($ *"5% of Bid** ~ for the payment whereof Principal and Surety bird ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, Signed this 8th day of May 20 13 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 Roberts Road Sewer Improvements in the Town of Wappinger, New Yark, as shown and specified in the contract, plans and specifications. Project No. 12-012 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 (properly completed in accordance with said Bid) and furnish such pertormance bond and labor and material payment bond as retluired, ll~c:n this obligation shall be void. Otherwise, the same shall remain in force and effect, i1 being expressly understood and agreed that the liability of the Surety for any and ail cl~~ims hereunder shall, in no event, exceed the amount of this obligation as herein r;irxtt;d. I ho Surety, far value received, hereby stipulates and agrees that the obligations of said ~+i.trety and its band 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 -~c~t~ice of any such extension. 'insert bidder's Name "Insert Surety's Name I~ID BOND 00410-1 t` lriveymenta~T Wapts+ngena WZ~12~W21205 Rpbarts Ftd Pump Statienl5pocificationS~0041D.dx iN WITNESS WHEREOF, the Principal ahd the Surety have I7ereunto set their hands and seals, and such of them as are .Corporations"have caused their Corporate seats to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. H. sterhoudt Excavating, Inc. (Seal of Principal if a Corporation) _ ,~ ~~~~ PRiNCIPA~ .Westchester ' e I surance ompa Diana Toledo, Attorne -in-Fact (Corporate Seal of Surety Co.) t;Utficer's/Partner's/Individual's) signature (Officer's/Partner's/individual's) name printed (Corporation/Partnership/Individual) name printed STATE of ~~~~-P~lil ~ ______.~ CG)UNTY of ss: On this ~ ~' day of , 20~, uefore me .personally carne to me .known and known to me to be the .person described in and who executed the taregoing instrument, and he/she duly acknowledged that he/she executed the same. BEATRICEA. HAUGEN-DEPUY Notary Public. State of New York No. 01 HA6095947 Qualified in Ulster County Commission Expires July 21, 20~~ No. Q I tF~ (0045951 ~ Term Expire ao i~ - END OF SECTION- I'.{IfJ I~QND 004'(0-2 f. v)[xannun~t7 Wappingana W201Z1W2t205 Rodert~ Rd Pump$teflonlSpoC~cationsSD04~0.doa ~OWeY of WESTCHESTER FIRE INSURANCE COMPANY Attorney Know a!T men by these presenLv: That W E57~CIIESTER FIRE:INSURANCE COiVIPANY, a corporation of theCommonwealthof.Pennsylvania. pursuant to the following Resolution, adopted by the Board of Directors of theaaid Company on UeEember 11;2006, Yo wit ~RESOI,V E$y.. that the following authonzdions felateto the eyecuu on, for andon b~talf ottha Company; of bonds, underta):ings; recognizances contracts and other written cornmitmenis Of the Company rntered into thr:ordman~ coWSe ofbusiness (each a "Written t'ommitmanl")t - (I) finch o(theCh;uiman, die President arxl they ice Presidents ntthe Company is fieraby atttltorizod to axeoialartV Wnnen Commitment far raid on behaf oftlx Company, under the seal of the Company or othensise. (2) Eseh dins appointed avomes-inefxt of the.Compuiy is hereby authorized to execute any:Written Commitment for and on behalf oftha Comply, ~r the seal of the Compaty or otherwise, to the event Ihat aoedr action rs authorized by the grape of polt~en proeided for m such persons wmten.appointment es such anornoy-irs-fad . (3) Each of the Chdrm mt, the Pr~idalt and the Vice Presidents of the Company is hereby authorised, for end on bdralf ofthe Company. W appoint m wnting any person dre ettomey-in-fact o(the Cympmy with fldI ppwer and authority' to e,Cecute, for and pre Gehefl of the Company; under the sad oflhe ii0mpany M othewise, such Written Cormuitmetiu of {he Company as may be speeriled in such written appstiMrnenfrvhich specincauen mar 6ebi~:gnnerattypeor class o(Written Comrwtniants:or by spceiaeation of orte or ntoraparueul er..Wntten Comnutmants (4) Each otthe.Chdrman, the Prudent errd Vice Presidenisofthe C'ompan}'in hereby ainhonzad, for and on behalf ofdte Company, to dtllegete in writing any odterptricer of the Company the euthonti to. exectne,for anJ on behalf of the Company, larder the Compeny~s sad or othenriso, such Wntun Commrttstenfs Of the Company rare specified in such wnuen delegauon, which specification may be by genera{ type or class. of U,'nttan Commitments or by apecificauon of oneor more particular Written Commitments: (S) The sgnattue of any onicar or other person e~ecutmg any Written Commimtent or appornimenr pr delegation ptwusnt tothia Raotuhon; and the seal of the Company, may be af7lxed b<~ fecsmile on such Written Commitment a wnnen appointment or delegabon: FURTHER'RESOt.\ ED, thmthe foregoing ReSOluti on shdt not tie deemed Lobe sty eselusiae statement afthm powers end 8ulhority of o(ricars, employees etrd other persons to act forend on behalf of the Company, and such Resoluuon shdtnot tuna rn otherwise affect iheeaercise ~f ancsuch power o~autharity otherwise validly grantedor tasted Does hereby nominate; constrAtte and appoinrChrtstopherGreene,: Diana Toledo, Jeffrey P Deldin, Scott Rainey, all of the City of BREWSTEK, New York, each individually if there be more than one named, its true and lawful attorney-in-feet, to make, execute, seal and deliver on its behalf, and as its act and deed any and all ht~nds, undertakings, recogmzances, cantritcts and other writings in the nature thereof in penalties trot exceeding-Ten mil lion dollars & zero cents ($I O,WO,U00.00) and the execittionof such writings In pursuance ofthese presentsshah be as binding upon said Company, as ft+lly afj~f arnply as ifthey find been duly executed and uckno~aledgi:d by the regularly e€ected officers afthe Company at its principal office; IN WITNESS WHCftEOF, the said Stephen M Haney, Vice-President, has hereunto subscribed his name and.affixed theCorporatc seal ofthe said w'ESTCHESTER FIKE [~SllRANCE COhIPANY 1hts 14 day. oflanuary 2013. WES'TCHESTER'FIRE INSURANCE COl11PANY' ....~ ,~. StopNoa M. ti~+ry ,vice Pr~idarot ;~ ~r4~ COMMONWEAL"CH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. On this 14day of January, AD 2013 beforetne, a Notary Public of the Coinrnonwealth of Fennsylyaniain and for the County ofPhitadelphia come Stephen M. Haney ,Vice-President of the tYESTC[IESTER F[R~ INSURAN'CE CoMFANY Eo me personally known to 6e the individual altd'othii:er a+ho executed the preceding insirument,'and he acknow fedg~d that he executed the. same, and that the seal axed to the preceding instrument is'the corporate seal of said Company; that the said corporate seal aisd his signature were duly affixed by [hC authority and direction of the said corporation, and that Resolution, adopted by the Board of Drrectors of said Company, referred to m the preceding instrument, is nqw in force: IN TESTIMONY WHEREOF, f have hereunto set my hand and'affixed myotlieial seal at the City of Philadelphiathe day and year first above written a/s ~L r ~.`~~Y ~ ~t`~ cZ.~,yp• A, ,S~ 6 ~ ~ CCaaalO/iMNKJ1L1'/s 1fAtM 1i v,, r:7~ r yea .., T- KAlIBiE~ V#11a k i.'terra. `~ r Lbr~YMor vwrynaix F, theunderstgnedAssistant Secretary of the t~'ESTCHE5TER FCRE INSURANCE COMPANY, do hereby certify that [he original POWER tIPA`TTQR~iEY,of which the foregoing is a substantially true and correct copy, is in full force and effect In witness whereof, I have hereunto subscnb~ my name as Assistant Secretary,>and affixed the corporate seal of the Corporation, this ~" day of~~Y~ ~ ~ y^ ~// '~:~ ` • %'tiF.rm 1.. Kel}, ha.twaM ti[ipatr ~~o; fHTS P(}4VBK OF A'1TORNTY MAY NOT. BE USED "f0 EXECUTE ANY BONI?`WITH AN INCEPTION'DATE AFTF,R January 14, 2015. THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES ~ THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. WESTCHESTER FIRE INSURANCE COMPANY - NAIC# 10030 FINANCIAL STATEMENT ADMITTED ASSETS BONDS SHORT-TERM INVESTMENTS STOCKS REAL ESTATE CASH ON HAND AND IN BANK PREMIUM IN COURSE OF COLLECTION* INTEREST ACCRUED OTHER ASSETS TOTAL ASSETS LIABILITIES RESERVE FOR UNEARNED PREMIUMS RESERVE FOR LOSSES RESERVE FOR TAXES FUNDS HELD UNDER REINSURANCE TREATIES OTHER LIABILITIES TOTAL LIABILITIES DECEMBER 31, 2011 $2,125,068,507 21,324,395 0 0 38,678,940 49,457,492 10,572,101 167, 396,134 $2,420,497,569 $187,860,407 1,095,977,795 2,747,690 5,745,573 23,542,125 1,315,873,590 CAPITAL: 70,000 SHARES, $71.43 PAR VALUE 5,000,100 CAPITAL: PAID IN 289,280,640 AGGREGATE WRITE-INS FOR SPECIAL SURPWS FUNDS 112,002,723 SURPLUS (UNASSIGNED) 698,340,516 SURPLUS TO POLICYHOLDERS 1,104,623,979 TOTAL $2,420,497,569 ("EXCLUDES PREMIUM MORE THAN 90 DAYS DUE.) STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John P. Taylor, being duly sworn, says that he is Vice President of Westchester Fire Insurance Company and that to the best of his knowledge and belief the foregoing is a true and correct statement of the said Company's flnanclal cond(tlon as of the 31 st day of December, 2/011. Sworn t>efoy~ne this ` ~f11e` 1 1"~ . 2-ca ~'L- 1 .f ~~ / V` a President Notary Public UU . MM(~f~Wl;AI:1`Fi U^._F PEfVt~!`YIVAMA MuWrbi Scc~ Public piano yyrlght, Notary ~y bf Phllade1Ph18, PhAadeiphia County Cocnml5sfonE~cplrtsA .8 2015 ,E-»,svivarui. ~otunott o4 -aor~ues M Cl.l.,t_ ti....:~~C 55" mac;, t My co fission expires f'U~tiER Uf t\'C['OIiNEY .\CIUvp1VLEUGE~IENT STATE Of NawYnrk COUNTY Of Putnam On lliis 8th day of May 2013 ,before nie personally canic Diana Toledo , to me known, who being duly sworn, did depose and say that lie is an attorney-in-fact of Westchester Fire Insurance Company uie corporation described in and which executed 11~e abo~•e instrument, that he knows the seal of said sucl~ corporation; that ll~e seal affixed to said instrument is such of said corporate seal; that it was so affixed b}' autlioril}' of tl~e Board of Directors of said corporation by auUiorit}' of his office under the Standing Resolutions thereof, Notary I' is Nly Commission Expires R~"'~ ~ Hc,~;t'sp.3;' =~aYprtc C~4OfJ . ~ ) .. ,r ~. SECTION 00480-CERTIFICATION OF NON-COLLUSION ~ ~ ~~~,( ~~ ~~ ,~~_ ~ ~ , a CERTIFICATION OF NON-COLLUSION BY BIDDER '~ ~~ ~`" MAY ~ ~ ~;~~i3 The undersigned represents that pursuant to Sections 103- a~r~i 1 ~-,~~Of~~~ a~R Municipal Law of the State of New York, no person, referred toTih',.at~aa~hed°pto I who is the bidder or who is or was a member, partner, director or a~Ficer 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: 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 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 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 an department, agency or official thereof by a corporate bidder for work or sere ceps 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. /~ 1. ~~1 //~ , ~~©Ul~ l 1 .Y mil, V -END OF SECTION - CERTIFICATION OF NON-COLLUSION E:\documentslT Wappingerla W20121W21205 Roberts Rd Pump StationlSpecifications100480.doc 00480-2