Grant Street ConstrucionLam' SECTION 00310 -BID FORM ~~' ~ I ~ ` CONTRACT NO. 12-012 1..-- MAY ~~2013 GENERAL CONSTRUCTIO 1~ r~o~ ~~ r~, l+' ... A N t ~~p 'y; r re T~V'J BID FORM -~-~~~,i~~ ~°, ~' ~~--~, ~, TO: The Town Board of the Town of Wappinger. In compliance with your Advertisement for Bids, published in the dated ,the undersigned, ~. 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. DATE SIGNATURE I Y~~~~ ~ SL~~ The bidder proposes to perform the work required in accordance with the Contract Documents for the sum of: BASE BID (GENERAL CONSTRUCTION) F ~ FT y t1~~, l'~-~IcxSS~l~ wo /f uuDR~a ~~ l $ ~ c~0, ao (in writing) (an figures) Dated: 0. ~ , 20 l3 SIGN BID HERE ,~,/~ _ ~. Legal Company Name Address City, State, Zip Telephone No. Federal I.D. # BID FORM ~,o`t - 153 - `logo-~ t4 - 1~°t ~~ ~~ 00310-2 E:ldocuments\T Wappinger\a W2012\W21205 Roberts Rd Pump Station\Spec~cations\00310_General.doc -t BASE BID SHEET GENERAL CONSTRUCTION CONSTRUCTION BID AND CONTRACT nr,o~oTC onnn CC\nIGR IAADRr1VF~AFNT~ ITEM NO./DESCRIPTION EST. PAYMENT UNIT PRICE BID TOTAL QTY. UNIT WRITTEN AMOUNT IN FIGURES PRICE BID 1. Furnish and install all materials, th / wC ~~'~~~~~ ~~ ~~ er supplies, equipment and o ~ L.S. -- facilities as required for construction /~,~©C~..S/~-~I~ tiiN~~ of Roberts Road Sewer Improvements- General ~~N~'~'~ /~~ ~~ ~' c~ ~~S / ~ ~s °J `~GS~.S~` ~~ Construction, including all Ij c~LL ~/~1; ~4ND incidentals, as shown and as specified in the Contract Documents. Z'~~ C~~~ 2. Rock Excavation 30 C.Y. F~ V~ /~u~vb~Q~j [~/~~4/~-S 3. Authorized Additional Excavation 30 C.Y. ~~ ~ ~'<</ /~a~<,~,Q^j 4. Lift Station Abandonment 1 EA ~.L/~T ~'~G ~ ~ p , U ALLOWANCE #1 ~ -- $5,000.00 Testing Services ------- ------------------ ------------------------- -------------------- ALLOWANCE #2 ~ $20,000.00 Contingency Allowance ------- ------------------- --------------------------- ------------------- - ~ TOTAL BASE BID a~`~OC~o a~ -END OF SECTION- ii ~ \G ~k7 -~j j ~~ . U MAY ~ `' ~,~13 ~~ E ~., a,.yfl 3~ ~" j p,~ f ~ 7 i e° SECTION 0~10.BID BOMD BOND FORM BID ALL PERSONS BY THESE PRESENTS: that KNOW w Grant Street Construction Inc. Principal: and I ~ ~~ ti~v V ) ,~i L„_w- ~ M A~ ~ ~~ 2u~,3 '~ r, ~ + Y ~~ i+ j z E _ i ~~~ Cis ~ ~ 5 ~~ ~ ~ w°~v'. bis,1 5. as as Surety, are osit Com an of Ma Tana +~ Fidelity & Dep hereby held d Town of WapPinger, New York in the amount of: and firmly bound unto the Town Boar , Dollars (~ executors, bind ourselves, our heirs, resents. Five Percent 5% of Attached Pro osal b these p for the payment whereof Principal and Surety successors and assigns, jointly and severally, firmly Y administrators, 20i day of Aril 30th Signed this WHEREAS obli ation is such that, whereas the made al part heream to .The condition of the above g attached hereto and hereby ' writing for the Roberts Road Sewer ac pr ~ ~r,nents in the Town a to the Town Board a certain bid, sand spec cations. enter into a contras rn Wa finger, New York, as shown and specified m the contr ' PP NpW THEREFORE, (a) If said Bid shall be rejected, or in the alternate erl completed in halt be accepted and the Principal shalol executey nd deliver the (b} if said Brd s Contract Agreement in the form attached heret P aP with said Bid) and famish such performance bond and labor and accordance material payment bond as required, hall be void. Otherwise, the same shall remain in fofOean dand all then this obligations of the Surety Y it being expressly understood and agreed that the liability hall in no event, exceed the amount of this obligation as herein claims hereunder s , stated. value received, hereby stipulates and agreeb than extenlsronr of the time The Surety, for does hereby waive Surety and its bond shall in nawa~ept such bids and said Surety within which the Principal m y notice of any such extension. «Insert Biddets Name «"lnsert Surety's Name 00410-1 BID 60 ~Dw~~~~~~l~s Roberta as Pump ~~Spec~licattonsVD041o.doc E:Idowr~e ~:~ e ~ ~ ~~il~/ ~i~ SECTION 00480-CERTIFICATION OF NON-COLLUSION ~ ~~~13 CERTIFICATION OF NON-COLLUSION BY BIDDER ~ MAY ~' ~•r;, ~~'"~' dersi ned represents that pursuant to Sections 103-a and h'I~J3 `ba hed proposal The un g Municipal Law of the State o°f NVea a°membe a partnered a for or officer of the bidding who is the bidder or who is firm or entity under this proposal has refuse scot gno~ contractfwith the State of New any relevant questions relating to any tran ublic authority, during the period of five York, any political subdivision thereof, or any p years prior to the date hereof. The undersigned agron theatrounds set forth nrSections result of this bid may be canceled without penalty p 9 103-a and 103-b of the said General Municipal me ested in theeforego ngYbid are as names and addresses of all persons and parties i follows: ~" l ova S •UL l.. ~C ~~ cam. R 1 ~~ ~~ ~ ¢ ~ By submission of this bid, each bidder and each p arstonthereto certifees lasf to yts I odwn certifies, and in the case of a ~omt bid eac p y 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 disclosenl by dtheCbidode nd nect yllto any other budder disclosed by the bidder prior to ope g, Y or to any competitor; and 3. No attempt has been made or wolnbe° submib orhnotldtoesubmitd a bidnfo~tt e person, partnership or corporate 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 00480-1 CERTIFICATION OF NON-COLLUSION E:\documentslT 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 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 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 (c) 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. ~ ~ ~~ ~~~' ~ .~~re~ C..o~~~c2,u~ ~~~~ /,~~~~ ~~~c.~,--~( ~. ~ o~ - ~re5~c~e4~~ -END OF SECTION - CERTIFICATION OF NON-COLLUSION 00480-2 E:\documents\T Wappinger\a W2012\W21205 Roberts Rd Pump StationlSpec~cations\00480.doc IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seats, and such of them as are Corporations have caused their Corporate seals to be hereto affaced and these presents to be signed by their proper officers, the day and year first set forth above. (Seal of Principal if a Corporation) r nt a Construction Inc. INCIPAL By; avid Compagni, President (Corpora#e Seal of Surety Co.) Robert T Lace Attorne -In-Fact (Officer's/Partner's/Individual's) na printed Fidelity & Deposit Com~anv of Maryland (Corporation/Partnership/lndividual) name printed STATE of 70 ~ COUNTY of ~orT~a-~ ) ss: On this "off' day of ~ . ~p~-, before me personally came ~ ~ to me known and known to me to be the person describe in nd who executed the foregoing instrument, and he/she duly acknowledged that he/she executed the same. MEUSSn s_ Eu>R® Nary Public, State or New York No. 01 EL6221 b8g Quality in Cortland County Commission Expires May 3.20%~ Public, County ~,~e~ No. oIELCda2 /,,~~ ~ Term Expires ~~ ~ - END OF SECTION- BtD BOND 00410-2 E:ldocumantslT Wapplnyerte VIf2012tlN2121f3 Roberts Rd Purrs StatiorASPecgioetions100410.doC _~ EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this ~~ day of APRIL , 20~~. wp Co~tWlpJii ,~QlOi~r-`'~•y~4 ~--~7.'( '! ~'i o ' ~r'3~~U~•.T i wry O~ a ~+.. ; i~' ~ IOg 8~~y °~~ ',j *~~ uro ,~ ('~ x 't. ,~ James M. Carroll, Vice President (Individual or Partnership) STATE OF NEW YORK County of On this day of 20 before me personally came to me known to be the person...described in and who executed the foregoing instrument as Principle...., and acknowledged that ...he.. executed the same Notary Public (Corporation) STATE OF NEW YORK County of Broome . On this 30th day of Aoril 20 13 .before me personally came David J Compaeni to me known and known to me to be President of Grant Street Construction Inc. the corporation described in and which executed the foregoing instrument as Principle, who being by me duly sworn, did depose and say: That he resides Town of Tullv that he is President of the said Grant Street Construction Inc. and knows the corporate seal thereof; that the seal affixed to the foregoing instrument is the corporate seal of said Company and was affixed thereto by authority of the Board of Directors of said Company, and that he signed his name thereto by the like authority as President of said Company. COLLEEN M. VROMAN Notary Public, State of New York No. 501184& ~~~,~~~ ~, ~~ / ~~ Residing in Broome Co. My commission excaires June 15, 11~ 2d~.~ Notary Public (Notary Jurats) STATE OF NEW YORK County of Broome On this 30th day of Aoril , in the year 2013 Before me personally came Robert T Lacev to me known, who, being by me duly Sworn, did depose and say, the he resides in the Town of Chenaneo ;that he was the Attorney-in Fact of the Fidelity and Deposit company of Maryland, the Corporation named in and which executed the within instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of Directors of said corporation, and that he signed his name thereto by like order. And that the liabilities of said Company do not exceed its assets as ascertained in the manner provided in Section 183 of the Insurance Law, constituting Chapter 33 of the Consolidated Laws of the State of New York. COLLEEN PA. VROMAN /f //~~ ~ ~A~~n~ Notary Pubiic, St,ete of PJew York L~ /` NJ: 5oilens Notary Public Residingi in B-Dome Co. My commission ehpir"; June 15, ~__a~~5' FIDELITY AND DEPOSIT COMPANY OF MARYLAND 600 Red Brook Blvd., Suite 600, Owings Mills, MD 21117 Statement of Financial Condition As Of December 3l, 2012 ASSETS Bonds ............................................................................................................................................... $ 157,177,826 Stocks ............................................................................................................................ ............. ...... 23,000,311 Cash and Short Term Investments .................................................................................................... ] 19,155 Reinsurance Recoverable ................................................................................................................. 17,923,564 Other Accounts Receivable .............................................................................................................. 35,473,256 TOTAL ADMrrTED ASSET3 ........................................................................................................ $ 233,694,113 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses ...................................................................................................... $ 74,782 Ceded Reinsurance Premiums Payable ............................................................................................ 48,323,524 Securities Lending Collateral Liability ............................................................................................ 1 716,240 To'rALLrABlL7T>ES .................................................................................................................... $ 50,114,546 Capital Stock, Paid Up ........................................................................................ $ 5 000 000 > > Surplus ................................................................................................................ 178,579,567 Surplus as regards Policyholders ...................................................................................................... ] 83,579,567 ToTAL ...................................................................................................................................... $ 233,694,113 Securities carried at $59,468,002 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners . On the basis of December 31, 2012 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $243,5 l 8,971 and surplus as regards policyholders $193,404,425. I,'DENNIS F. KERRIGAN, Corporate Secretary of the FIDELITY AA1D DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st day of December, 2012. State of Illinois City of Schaumburg SS: Subscribed and stvom lo, before me, a Notary Public of the State of Illinois, in the City of Schaumburg, this 15th day of March, 2013. ~~ Notary Pe6/ic OFFICIAL SEAL DARRYL JOINER Nalary Public • Stale of IlUnofs My Commission Expires May 3, 2014 L~ SECTION 00410-BID BOND BID BOND FORM KNOW ALL PERSONS BY THESE PRESENTS: that Principal; and hereby held ** as as Surety, are and firmly bound unto the Town Board, Town of Wappinger, New York in the amount of: Dollars ($ ) 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 WHEREAS, day of 20 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 York, as shown and specified in the contract, plans and specifications. 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 performance bond and labor 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, 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:\documents\T Wappinger\a W2012\W21205 Roberts Rd Pump Station\Specifications100410.doc ~~- 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. (Seal of Principal if a Corporation) PRINCIPAL By: (Corporate Seal of Surety Co.) (Officer's/Partner's/Individual's) signature (Officer's/Partner's/Individual's) name printed (Corporation/Partnership/Individual) name printed STATE of ~J ~- ~ COUNTY of S Ot'~~O.na ) 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:\documentslT Wappinger\a W2012\W21205 Roberts Rd Pump Station\Specifications100410.doc