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ELQ Industries
SECTION 00310 -BID FORM CONTRACT NO. 12-012 GENERAL CONSTRUCTION BID FORM TO: The Town Board of the Town of Wappinger. MAY 0 ~ 2013 TOWN 0~= W~i~~~~`1~~~° In compliance with your Advertisement for Bids, published in the dated (`~ o, ,I ~ . Zo ~3 ,the undersigned, ~~~,,~d s~,<„ M~ - 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. v DATE ~~~I~~ 5 ~~ SIGNATURE The bidder proposes to perform the work required in accordance with the Contract Documents for the sum of: BASE BID (GENERAL CONSTRUCTION) ~v.JCJ ~//~ ~~ ~ ~ ~ Qa` lp~(S C 1~Q~~ ~ ~i ~ v . ~ ~ ~ CSI (in writing) Dated: ~ c~~ ~ ' , 20~_ SIGN BID HERE (and figures) Print Name orized ,Sign ~~ S Title Legal Company Name ~~ Ct ~r~~~,s~~Q,,~+ ~~ Address S~ ~ ~~~-t~ ~y~ City, State, Zip N P!~~ 1°~ ~ r.~.~ e ~~ e; ~ `~ ~ c~~P d Telephone No. G ~ ~-~ - ~ S ~-~ - ~ (~ ~~ U Federall.D.# ~~- ~`~°I`~~~I~ BID FORM 00310-2 E:\documents\T Wappingerla W2012\W21205 Roberts Rd Pump Station\Spec~cations\00310_General.doc BASE BID SHEET GENERAL CONSTRUCTION CONSTRUCTION BID AND CONTRACT ROBERTS ROAD SEWER IMPROVEMENTS 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 i 1 L.S. ~ ~~ ~ ~ Y~ ~ on facilities as required for construct ~ ~L - of Roberts Road Sewer ~~ ~~ °~`'~' Improvements- General Construction, including all a9~`~~ ~ incidentals, as shown and as ~~ ~ ~~ ~ l+l~O ol l specified in the Contract Documents. ~ o . , 2. Rock Excavation 30 C.Y. ~ ~ ~'~o~,l~S ~,.~~ ,~~ ~5~,~ 3. Authorized Additional Excavation 30 C.Y. ~'~ ,, ~ GAS ~j ~ o® l?~©. pp 4. Lift Station Abandonment 1 EA -~-`-Clomp a~ ~ +j ~3 , p0 5d-SQ - 00 ALLOWANCE #1 ~,~o~S . $5,000.00 Testing Services -------- ------------------- --------------------------- -------------------- ALLOWANCE #2 $20,000.00 Contingency Allowance -------- ------------------- --------------------------- -------------------- TOTAL BASE BID 'ZiZ,Z~\, -END OF SECTION- Mir Q s zo~3 t y ~ t /•\ d ~ ?`a; ~ ./ SECTION 00410-BID BOND BID BOND FORM KNOW ALL PERSONS BY THESE PRESENTS: that Principal; and as ** as Surety, are hereby held and firmly bound unto the Town Board, Town of Wappinger, New York in the amount of: Dollars ($ ) 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\Specifications\00410.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 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:\documents\T Wappingerla W2012\W21205 Roberts Rd Pump Station\Specifications\00410.doc 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: G ~ C_ ~~T ~ e C , ~r~~ ~uiris~, ~~ y 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:\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 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. - END OF SECTION - ~~ -- MAY ~ ~, 2C13 TOWN ~~ V~f~P~'~~F.~. CERTIFICATION OF NON-COLLUSION 00480-2 E:Idocuments\T Wappinger\a W2012\W21205 Roberts Rd Pump Station\Specifications\00480.doc THE AMERICAN INSTITUTE OF ARCHITECTS ~`~~I~~~~!~ <~ ~y ~~. -_ t! ` ~ J AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we ELQ INDUSTRIES, INC. 567 Fifth Avenue New Rochelle, NY 10801 as Principal, hereinafter called the Principal, and Fidelity 8~ Deposit Company Of Maryland 600 Red Brook Blvd. Owings Mills, MD 21117 a corporation duly organized under the laws of the State of MD as Surety, hereinafter called the Surety, are held and firmly bound unto Town Of Wappinger, NY 20 Middlebush Road Wappingers Falls, NY 12590 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Bid Amount-------------------------(5.00%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for United Wappingers Sewer District, Roberts Road Sewer Improvements. Contract No. 12-012 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to refrain in full force and effect. Signed and sealed this 1st day of May 2013 (Witness) (Witness) ELQ IND~US~TR~IES, INC. (Principa~~ _ ^ (Seal) (Title) Fidelit D o Com an Of Ma land (Surety) r (Seal) (Title) Edmund J. ergassi, A orney-in-Fact Consent of Surety The Fidelity & Deposit Company Of Maryland a corporation organized and existing under the laws of the State of MD, hereby guarantees the proposal of ELQ INDUSTRIES, INC., 567 Fifth Avenue New Rochelle. NY 10801 (hereinafter called the bidder), To Town Of Wappinger, NY For United Wappingers Sewer District Roberts Road Sewer Improvements. Contract No. 12-012 And further guarantees that if the contract is so awarded to the said ELQ INDUSTRIES, INC., that the said Fidelity & Deposit Company Of Maryland, will execute said contract within the period of time required after its delivery for that purpose; and further guarantees that if the contract is so awarded to the said ELQ INDUSTRIES, INC., that Fidelity & Deposit Company Of Maryland will become surety on bond guaranteeing the faithful performance of said contract. Provided and subject to the condition precedent: The surety reserves the right to require evidence of financing, and, to review and approve contract documents and bond forms, prior to issuing any performance and payment bonds on the above captioned project. *THIS OFFER WILL EXPIRE (60) DAYS FROM THE DATE OF EXECUTION* In Witness Whereof, the said Fidelity & Deposit Company Of Maryland has caused this agreement to be signed by proper officers and its corporate seal to be here unto affixed this 1 st day of May .2013. Fidelity & Deposit Company Of Maryland Edmund J. ergassi, Attorney-in-Fact ACKNOWLEDGEMENT OF PRINCIPAL, IF A CORPORATION STATE OF 1~,~J ~(~ r ~l ) ss: ~~,,,'-n, COUNTY OF W~i~"`'0 ~ ) On the ~~ day of in the year ~~~3 ,before me personally came ~~ ~`~ ein b dul sworn did de ose a sa that she resides at to me known, who, b g y p Y ~~ ) ~~0~ N~( that he/she is the ~'J'~ldX.~ of ELQ INDUSTRIES, INC. ,the corporation described in and which executed the above instrument; and that he/she signed her/his name thereto by order of the Board of Directors of said corporation. ~lNI?REA ESPINAi. ~ataFy hubUc, State of New York Notary Public Na. OtES62a5s2~ f~?wali~ed ~ Westchester County ~gommission Expires Augusta, 2015 ACKNOWLEDGEMENT OF PRINCIPAL, IF A PARTNERSHIP STATE OF ) ss: COUNTY OF On the day of in the year ,before me personally came to me known and known to me to be a member of the firm , described in and who executed the foregoing instrument, and he/she duly acknowledged to me that he/she executed the same for and in behalf of said firm for the uses and purpose mentioned therein. Notary Public ACKNOWLEDGEMENT OF PRINCIPAL, IF AN INDIVIDUAL STATE OF ) ss: COUNTY OF On the day of in the year ,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 to me that he/she executed the same. Notary Public ACKNOWLEDGEMENT OF SURETY STATE OF NEW YORK COUNTY OF WESTCHESTER) ss; On the 1st day of May in the year 2013 ,before me personally came Edmund J. Bergassi to me known, who, being by me duly sworn, did depose and say that he/she resides at New Rochelle , NY ,that he/she is the Attorney-in-Fact of Fidelity & Deposit Company Of Maryland ,the corporation described in and which executed the above instrument; and that he/she signed her/his name thereto by order of the Board of Directors of said corporation. Notary blic W£NDY COSTANTINO iVotz~~y Public, State of New York Rio. 01006111951 Cduatitietl in Westchester trouMy Commission Expires June 28, 2016 Fffi~~L~'~'~' ID~~~~~~~' E'~I~I~~I~I~' OF MAR1'L..~TiD 600 Red Broolc Blvd., Suite 600, Owings I~_i]ls, NID 21117 Statement of Financial Condition As Of December 31, 2011 kSSETS Bonds ............................................................................................................................................... $ 167,477,539 Stocks ............................................................................................................................................... 23, 576,974 Cash and Short Term Investments ................................................................................................... 235,580 P.einsui•ance P.ecoverable ................................................................................................................. 12,886,175 Other Accounts Receivable .............................................................................................................. 39,980,988 TOTAL ADMITTEDASSLTS ........................................................................................................ $ 244,157,256 LL4BIZTTIES, SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses ......................................................................,,.............................. $ 127,987 Ceded Reinsurance Premiums Payable ............................................................................................ 48,215,682 Securities Lending Collateral Liability .................:............................... ................... 1,022,500 ........................ TOTAL LIABILITIES .................................................................................................................... $ 49,3 66,169 Capital Stock, Paid Up ........................................................................................ $ S,OOD,000 Surplus ................................................................................................................ 189,791,087 Siuplus as regards Policyholders ...................................................................................................... 194,791,087 TOTAL ....................................................................................................................................... $ 244,157,256 Securities can•ied at $59,049,993 in the above statement al•e deposited as required bylaw. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 2011 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $253,778,028 and surplus as regards policyholders $204,411,559. I, DENNIS F. KERRIGAN, Corporate Secretary of the FIDELITY AND DEPOSIT COIvIPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 3lst day of December, 2011. State of Illinois City of Schaumburg SS: Subscribed and swum to, before me, a Notary Public ofthe State of Illinois, in tl~e City of Schaumburg, this 15th day of Mazch, 2012. Ji ~' ~ 1 ' NotmyPrrblic OFFICIAL SEAL DARRYLJOINER Nolary Public • Stale of Illinois My CommiS~ion Expues Nay 3, 2014 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by GEOFFREY DELISIO, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Edmund J. BERGASSI, Wendy MONTALVO at-d Margaret BERGASSI, alt of blew Rochette, New York, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 23rd day of August, A.D. 2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND ~~ Fwa ocios~~ ~ ~µr tnsp,~ ~~' ~t s wr tb ~ % a a e'~°~~'o "er. SBAL ~ g nn a '~' twee ;`°` b Assistant Secretary Eric D. Barnes .~ Vice President Geoffrey Delisio _ State of Maryland City of Baltimore On this 23rd day of August, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, GEOFFRE DELISIO, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individ6als and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and with, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. CN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and yeaz first above written. } t ` • (( l F F~ _~ ~ Maria D. Adamski, Notary Public My Commission Expires: July 8, 2015 POA-F 093-76906