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Bid Results~~:a .. ~~ MORRIS ASSOCIATES ENGINEERING CONSULTANTS,PLLC 9 Elks Lane, Poughkeepsie, New York 12601 Tel: (845) 454-3411 Fax: (845) 473-1962 64 Green Street, Suite 1, Hudson, New York 12534 Tel: (518) 828-2300 Fax: (518) 828-3963 July 31, 2013 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Attn: Barbara Gutzler Town of Wappinger Supervisor Re: Martz Field East Tennis Court Reconstruction Dear Supervisor Gutzler and Town Board: On July 24, 2013 the Town of Wappinger received three (3) bid proposals for the above referenced project. The breakdown of bid is as follows Avello Brothers Contractors Inc. $125, 725.00 Sport-Tech Construction $128, 954.00 Sun-Up Enterprises, Inc. $129, 380.00 This office has completed the review of the bid proposals. The apparent low bidder is Avello Brothers Contractors Inc. of Poughkeepsie, NY with a bid of $125,725.00. Morris Associates has worked with Avello Brothers Contractors Inc. on numerous projects (including the Martz Field tennis court reconstruction in 2009) and has found their work to be acceptable. It is our opinion that Avello Brothers Contractors Inc. is qualified to perform the proposed work required for this project. All portions of the bid prepared by Avello Brothers Contractors Inc. appear to have been correctly executed. Based on -the foregoing, this office recommends award of the contract for the Martz Field East Tennis Court Reconstruction project to Avello Brothers Contractors Inc. If you should have any questions regarding the above, please contact me at 454-3411 ext. 30. Very truly yours, MORRIS ASSOCIATES `~a1x~--~. ~~~(.e~ Robert J. Gray, PE Engineer to the Town r ~ Bids for ~~~~~~ ~ (,~(d ~`~i~~~ ~)~~?rJ ~ ~.-~ Date ~~~y~ ~ ~ Time ~~~ ~~ 5-~rc~C,-f-~'L~,-~ ~,-~~J-c~~t-, COMPANY NAME CONTACT Bid Form Bid Bond/ck# Non- Collusion Certification Bid Amount ~ COMPANY Phone/Fax v~ I I ~ ~ i~ ~-~y~1~~ ~ ~ ~S ~ ~ 7 ~5 J ~ ~~ ~ ~ ~ l ~ ~~' C r ~/ Gy~~~~ , ~~ ~ ~ ~Q ~~ { 4 2013 ~r~~ ~ ~ TC)I~U ~ CLERK ~~ ~ ~, ~ ~. ~-' S ~..~ ~ G~o Bids i ~5-~rr~ ~~-i~~c1n ~ ~~J~LC~-, Date ~ ~~ y~ I ~ Tune= ~~ ~ ~~ COMPANY NAME CONTACT Bid Form Bid Bond/ck# Non- Collusion Certification Bid Amount ~ COMPANY Phone/Fax ~~ v~...l lu ~~~ ~~ ~ ~~.5 ~ ~' --~ ~ ~~ 7 ~5 ~~ ~~ ~ s ~ ~ ~«~ o ~ 1 ~~ ~~C G '~ ~ ~~~ ~~ ~Q c~ 4 2013 CLERK ~ ~~ --- 70:4731962 P.1 JUL-31-2013 11:52A FROM:AVELLO BROTHERS CONT 8454545736 LLp BROT~~ ~~~ ~S PAVING CONTRACTORS. INC. Excavating • Grading • Oiling Commercial & Residential Since 1947 PHONE (845) 454-3650 60 FULTON STREET FAX (845) 4545736 POUGHKEEPSTE, NEW YORK 12601 FAX TRANSMITTAL SHEET Company 'r~'~ S ~SSOC___ Attentiorr~e_~~--~ ~~~~`~`" Pages including cover Re Date ~~.~~~ ~~ ~= ___-- From ~ e_SS Fax # ~-~~~ - ~q Lo ~ ~~ v J v ***Tf there are any problems with this fax, please contact our office immediately** T0: 4731962 P.3 JUL-31-2013 11:53A FROM:AVELLO BROTHERS CONT 845454 SAX N0,5ltl Ib0 3003 i.uua DUI./31~013/WED 11:05 AM Copeland Coating C COPELAND COATING A~1 _D~1 ~ COMPANY, INC. ~~47Y~.' .A.c~ion Pave Color Coating Reference Lisp Trtnitlr_pawlingSchoot Pawling, N'S' 125b4 Contact: Ed Hauser 2, Margareficrille CSD 415 Main Street Margar~e, NY' 12455 Contact: Mike Boiee 3, Timberlake Camp Broad Street Follow Rd Sl,andaken, NY 12480 Contact: lay Jacobs 4. Winnisook Club County Rte 47 Oliverea, NY 12410 Contact: ~Ierb Shultz g, Malverne HS Nlalveme, NY Contact: John Sulinski 6, Althea Gibson Complex Newark, NJ Contact: Pepe ~anl:tcr 7, TCNJ Bwing Township, NJ Contact: John Castaldo $ Woadloch Pines Resort ~Tawley, PA Contact: George sorb g, Michigan Ave Park Schenectady, N'Y Contact: AmbBr Marino 2013 ! 9 Tennis Courts 845-855-4807 2012 / 4 Tennis 3 Coat Color (845) 586-2647 2012 / 4 Tennis-5 Basketball-1 Hockey 3 Coat Color (516) b56-4215 2011 5 Coat Cushionl4 Coat Color (845) 254-5485 201217 Tetmis-2 Aasketball 5 Coat Cushiot~/4 Coat Color System (631) 691-2381 2012 / 16 Tennis Courts 5 Coat Color ($45) 294-7261 2012 / 8 Tennis b Coat Color (609) 771-2495 2012 t 4 Tennis 4 Coat Color (570) 685-7121 2012 / 8 Tesznis 4 Coat Color (518) 438-2039 ~- (518) 766-2932 (800) 30~-A219 3600 US Roube 20 Fax: (51 B) 786.3603 "The pavement maintenance people...slnce 1945 PO Box 595 E-mall' ActionPave®ccpelandcoating.com Nassau, tAlhany area) NY 12123 www.copeland cpaling.cam JUL-31-2013 11:53A FROM:AVELLO BROTHERS CONT 8454545736 70:4731962 1UL/31/2013,NVED 11; 06 AM Copeland Coating FAX P1o, 518 766 3603 10. iUS Military Academy 2011 / 9 Tennis 6 Coat Cu9hion/4 Coat Color West Point, NY Contact: Mike Rubbino (845) 93$-2330 Pairlcigh Dickinson Univ'ezsity 2011 / 6 Tennis 11 . Teaneck, NJ 4 Coat Color (201) 454-5301 Cantact: Tarry Bascom 12. Rye Neck 1-kigh School 2011 / 4 Tennis Mamaroneck, NY 4 Coat Color Contact: John Ary~A (914) 698-6171 Robert b. Reynolds ES 13 2011 / 5 Tennis . Upper Saddle River, N7 4 Coat Color (845) 294-72b1 Contact: Pepe Karreter P.4 P, 003 CpPELAND GOA71N4 COMPANY, INC., NASSAU, NEW YORK 12123 ~~Lp BROT~~ ~~ ~~ PAVING CONTRACTORS, INC. Excavating • Grading • Oiling since Commercial & Residential 60 FULTON STREET 1947 PHONE (845) 454-3650 POUGHKEEPSIE, NEW YORK 12601 FAX (845) 454-5736 July 24, 2013 Town of Wappingers 20 Middlebush Road Wappingers Falls, NY 12590 Regarding: Martz Field East Tennis Court Reconstruction Statement of Qualifications- Avello Brothers Contractors Inc. certifies that we can document to have successfully completed 5 Tennis Court Projects surfacing or resurfacing. We also certify that our sub- contractors can meet the minimum required project qualifications. Avello Brothers contractors, Inc. r ~5~~~~~ \~ William J. Avello President BID BOND KNOW ALL ME,~4 8Y THESE PRESENTS: tnat • Ave11o Brothers Cpntractors, Ire. _______ as Principal; and ..r 'I'ravelsrs Cas~~lty and Surety Ccmperry of t~rerica-_--------as Sure'.`y, are hereby held and firmly bound unto the Town Board, Town of Wappinger, New York in the ariaunt Five Pem~.nt of the P~rolnt Bid af: Dollars ~ 5~ ~___ for the payment whereof Principe: anc Surety bind ourselves, our heirs, executers, cdmnistratars, successors and assigns, jointly and severally, firmly by these presents. Signed this ~.. _ -- ~*~ da}' of 'may _-• ~~ ~ 't~'dHEREAS, the condition of the above obligation is such that, whereas the Frinc.ipal has u~ubmitted to the Tcwn Board a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for the PJlartt Field East, Gontract 13-013, --Tennis Court RQconstructian Project for the Town of UJappinger, New York, as spawn and specified. NOW THEREFORE, (a} if said Bid shall be rejected, or in the alternate (t;} if said Bid shall be accepted and the Principal shat! execute and deliver a contract in the Form of an Agreement attached hereto (properly completed in accardancz with said Bidj and shall in ail respects perform the agreement created by the acceptance or said Bic, then this obligation sha{I be void. OtheRVise, the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and al! claims hereunder shall, in no event, Ex.eedthe amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligatir~ns of said Surety and its bond shall in na 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. 'i'~',1Vi~rNESS WNEREGF, the Principal and the surety have hereunto settheir hands and >eais, and such Of them as are Corporations have caused their Corporate seals to be ^ereta affixed and these presents to be signed by their proper officers, the day and year first set forth above. _ __. JUL 2 4 2013 TOWN OF WAPPINGER SE.4L'1 'I:~tseri Bidder's Name '*lnser- ~~rety's Name PR CIPAL \ By -_ Signed, sealed and d ive ed in the pr2sarice af ----------- iCorporate seal of Contractor if a corporation) -- A~eLlo Brothers Caztractors, tic. ~ _ - -- 60 Ftiltar- Ste~eet ,' Pa.~lce~sie, NY Contractor Travelers Casualty and Suety Fratresca P. t`'rAl.lan AttornEy in Fact ~y of EYnerica !„ ( _ _-.~_ - (-t'it'e of ffic:er ~C.orporte seas of r~~Q Sur~av) Attest 4-~--° - _____~ _. .._._ - Sarr~a A. Pace (Title of pff?c~r) As to Suety -2e .. SURETY ACKNOWLEDGMENT State of New Jersey County of Union On this 24th day of July, 2013 Before me personally came Francesca P. McAllan to me known, who being by me duly sworn, did depose and say that he/she is an Attorney-in-Fact of Travelers Casualty and Surety Company of America _the corporation described in and which executed the within instrument; that he/she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he/she signed the said instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. SANDRA A. AMORY NOTARY PUBLJC OF NEW JEiiSEY My Commisslon Expires My commission expires qugust31~2o18 _ CONSENT OF SURETY KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the sum of $1.00, lawful money of the United States of America, the receipt whereof is hereby acknowledged, paid the undersigned corporation, and for other valuable consideration, the TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Incorporated, organized and existing under the laws of the State of CONNECTICUT and licensed to do business in the State of NEW YORK certifies and agrees, that if contract for MARTZ FIELD EAST, CONTRACT 13-013 -TENNIS COURT RECONSTRUCTION PROJECT for: TOWN OF WAPPiNGER, NEW YORK is awarded to AVELLO BROTHERS CONTRACTORS, INC. the undersigned Corporation will execute the bond or bonds as required of the contract documents and will become Surety in the full amount set forth in the contract documents for the faithful performance of all obligations of the Contractor, provided however, that this commitment shall expire ninety (90) days from the bid opening. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA -n Francesca P. McAl1an, Attorney-m-Fact WITNESS:~~ ~ ~~---- Sandra A. Pace (To be accompanied by the usual proof of Authority of officers of the Surety Company to execute same.) RED POWER OF ATTORNEY TRAVELERS/w, Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Certificate No. Attorney-In Fact No. 224393 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Thomas M. True, Marc J. Michalewsky, Sandra A. Pace, Lisa A. Anderson, Sandra A. Amory, and Francesca P. McAllan of the City of Westfield ,State of NeW JerSe~ ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any'actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this Jul 2012 day of y > Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 13th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ~,ua~„ PIPE 6 ~W INS' j 1~ NSV P~tY Aiyp NAO ~OAQp ~Y~ C~SU,~~ J° .y 0~.:-..... ;G,y oP:...........4'Y `s e° eG d ~ 4 02 opvoq,r ~L ~ C~ ~ 7,p f~v'OPPOR.,>f~i Q~! PPORAT `:~~ up 9~ ORATED z ~t _.. h W : cc ,,._ f ; t a < ~FNRfFORD, ~ < 1 "b n ~ f1 ~: m Ii o- HARTFORD, ~ 1 9 8 2 0 1977 ~~ m t n r t ' o i CONN. o ~ ~• ~ ?', < ~.~ r ~ 1951 ~~;SEAL;o3 ~iSBALr 'r ,¢` :~ ,~} 1.y . Fa F M1NC INN A~ 1g~.........r ~ NP ^.nw~ State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President 2012 before me ersonall a eared Geor e W. Thom son, who acknowled ed On this the 13th day of July p y pp g p g himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Mazine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaanty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. ~ ~C•T~ My Commission expires the 30th day of June, 2016. 1R ~~\0~* O Marie C. Tetreault, Notazy Public 58440-6-11 Printed in U.S.A. THIS POWER OF ATTORNEY IS I THE 'TRAVELERS GASUF,LTY AND SURETY COMPANY OF AN,FRICA HARTFORD, CONNECTICtfT 06183 FINANCIAL STATEMENT A5 OF CECEMBER 31, 2017 AS FIF.ED IN T1iE STATE OF NEW YORK CAPITAL STOCKS 6,480,000 ASSETS S 78'.~.4G9.E97 F 15,936,791 UNEARNED PREtJ!IUN,S <,t01,453.T 10 CAS}i ANG NVF: STEG CASH S 3,713.171,015 LOSSES REINSURANCE PAYABLE ON PAID LOSSES S LOSS ADJ F' XPF=NSF S 1 a,445A2 EGND INVESTMctvT INCOME GUE ANG hCGRUE(] 50,798.732 ?80.730,697 LOSS ADJUSTMENT EXPENSE=S ~ 53 ?9 281 779 CiTHER INVESTED ASSETS 164,942,506 COFJMISSiONS 66 162 894 PREMI;JM 6ALANGES 63,274,378 TAXES, LICENSES ANO FEES 3 566,957 NET DEFERRED TAX ASSET RANCE RECOVERA6LE 12,410,524 ' OTHER EXPENSES FUNDS HELD UNDER REINSURANCE TREATIES ~ ~ i4. 49,54-0 RFiN5U S'CURITIESL%NG;NGREINVESTLGCOt_LATER=,L ASSETS , 55 7,769, 470 080 11 CURRENT FEDERAL AND fGREIGNlNCOM£.'TAXf:S 60,575.573 ;y 270 931 R[GEIVA6LES FROM PAREPJT, SUBSIDfARIES AND AFFIL{hTE$ , , 585) 439 1 REMITTANCES AND ITEMS NOT Al1OCATED RS , 79 0£s4 806 UtdDl57RFBUTED PAYMENTS ETS ! , , gg{ O93 AMOUNTS WITHHELD 7 RETAINED BY COMPANY FOR OTHE ETROACTIVE REINSURANCE RESERVE ASSUMED 3,163,164 - OTHER ASS R 6, x30,121 POLICYHOLDER DIVIDENDS 325 314 5 PROVISION FOR REINSURANCE , . 726 EQ9 ADVANCE PREMIUM T 759 •55 PRYABLE FOR SECURITIES LENDING 744) 803 X70 CEDED REINSURANCE NET PREMIUMS FAYAfiLE , , 7;25,399 ESCHEAT LIABILITY OTHER ACCRUED EXPENSES AND LIAEIUTiES 282062 .1 TOTAL LiAB1UTFE5 S 2 5s9 106 95 5 fi 460000 CAFITAL STOCK 433,803.757 PAID IN SURPLUS 34C 168 061 ~ OTF;ER SURPLUS TOTAL SURPLUS TO FOLlCYHOLD`_RS ~ _ S _1~i6~ 4E1.67.1 S 4.33 8 TOTAL UABILfTIES 8 SURPi_US S 4.339 558 7 i 3g "GTAL ASSETS SkTE OP GONNf!CTICUT J COl1'J'Y {,1F li.AIiTFORO ) S5. CITY OF HARTFORp ~ tdCHAEL ! DOOpY, EiL.ING DULY StiVGRN, SAYS TH.aT HE IS SECOND VICE PRESIDENT. 0= TRAVELERS CASl1AL.TY AND SURETY COM?ANY OF AMEP.tGA. AND Ti-.A7 TO THE EEST OF HIS KNGWLEDGE ANG BEt.tEF', THE FOREGOING t5 ATRUE AND CORRECT STATEMENT OF THE FINANCIAL. CCNDITIGfJ OF SAD COIJ,PANY AS OF THE 31ST DAY OF DECEMBER, 2412. S:3E5:.'R13ED hNp SWORN TG BEFGRE ME THIS 2vTH GAY OF MARChI, 2013 ;, ,t t ~_~ ,a', ~' ~' - SECONGVICE PRE51[9EN'T NOTARY PUFi'i.!-~C __ ~~_ Sl'S:1N A{. V,'F.lStil.l":1)f.R ~._..~_._._.~~ A'onzry Pah1u~ If1 C'onnnlss•'nnE'.rprrvs 1'rn~r~ntSer.C1, aJl' IIr ~ TOWN OF WAPPINGER MARTZ FIELD EAST CONTRACT 13-013 "~"' TENNIS COURT RECONSTRUCTION PROJECT BID FORM THE TOWN RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS. EACH BID FORM SHALL BE ACCOMPANIED BY BID SECURITY (AS DESCRIBED IN THE INSTRUCTIONS TO BIDDERS). TO THE TOWN BOARD, TOWN OF WAPPINGER, NEW YORK Pursuant to and in compliance with your invitation to bid contained in the Notice to ~----- Contractors dated ~~ ~~ , ~~ ~~ ~ (mont) (day) (year} the undersigned hereby proposes to furnish all labor, machinery, equipment, facilities, tools, transportation, supplies, materials, insurances, permits, certificates, tests, guarantees, protection of equipment and property and life during construction; as well as competent and qualified supervision for all phases of the work, and other facilities and things necessary or proper for or incidental to the Martz Field East -Tennis Court Reconstruction Project, Contract 13-013, Town of Wappinger, as required by and in strict accordance with the plans, specifications and all other documents, for the prices stipulated and as shown on this bid form. Name of Bidder:l-a~1 c_._\\ (Individual, Partnership * Circle applic LLC)* ~ The undersigned declares that the bidding and contract documents have been carefully examined and that all things necessary for the completion of the work shall be provided. Receipt of the following addenda is hereby acknowledged: DATE SIGNATURE ADDENDUM NO. 1 `~"1-\~-\~ ~t r fir. ADDENDUM NO. 2 `-l - ~ ~` ~~ '' ADDENDUM NO. 3 ~ ~ ~~ ~ \`~j ADDENDUM NO. 4 ~~"--- J11~ 2 4 2013 -18- TOW ~~ CLERK ~Q~P wAPPjNGE~ ~r ~' In consideration of, and to induce the award of this contract to him/her, the bidder represents and warrants that: (a) If this bid is accepted by the Town Board, Town of Wappinger, as evidenced by issuance of a Notice of Award by the Owner, and mailed by registered mail with return receipt requested to the address of the bidder as indicated on his/her bid, the bidder will execute a contract on the form of agreement herein provided and will comply with all provisions of said Notice of Award. (b) This bid is made without any understanding, agreement or connection with any other person, firm or corporation making a bid for the same work, and that it is in all respects fair and without collusion or fraud. (c) He/She has carefully examined and fully understands all of the parts of the contract documents, and that he/she will execute the contract and will completely perform it in strict accordance with the provisions thereof for the sum set forth on the bid. (d) No officer or employee of the Town Board, Town of Wappinger, or any person whose salary is payable in whole or in part by the Town Board is, shall be, or shall become interested directly or indirectly as a contracting party, partner, stockholder, surety or otherwise in this bid or in the performance of the contract or in the supplies, materials or equipment, or to work or labor to which it relates, or in any portion of the profits thereof. (e) He/She is not in arrears to the Town Board upon debt or contract and is not a defaulter as surety, contractor, or otherwise upon any obligation to the Town Board, Town of Wappinger. (f) All work shall be completed within the time allotted, from the date specified in the Notice to Proceed or set by the contract documents, mailed to the undersigned by registered mail with return receipt requested to the legal address of the bidder as indicated on his/her bid. (g) If the bid documents contain any unlawful provision not an essential part of the bid and which shall not appear to have been a controlling or material inducement to the making thereof, the same shall be deemed of no effect and will upon notice by either the Owner or the bidder be deemed stricken from the bid documents without affecting the binding force of the remainder. ~" (h) Each and every provision of any law and clause required by law to be inserted in the bid documents shall be deemed to be inserted herein and the bid documents shall be read and enforced as though it were included herein; ~` and if through mistake or otherwise any such provision is not inserted or is not correctly inserted, then upon the application of either party, the bid documents shall forthwith be physically amended to make such insertion. i -19- r ~ (i) That he/she is financially solvent and sufficiently experienced and competent to perform the work. (j) The work can be performed as called for by the owner's proposal and that the plans and specifications are in all respects suitable and adequate for the work. (k) That the facts stated in his/her bid and the information given by him/her are true and correct in all respects. (I) That he/she is fully informed regarding all the conditions affecting the work to be done and labor and materials to be furnished for the completion of this contract, and that his/her information was secured by personal investigation and research. (m) In the event of a lawsuit, the bidder agrees that said suit shall be filed in the same federal district or county as the location of the project. BID FOR CONTRACT WORK: BASE BID: The Bidder proposes to perform the work required in accordance with the contract documents for the Martz Field East Tennis Court Reconstruction Project, for the lump sum of, which amount includes the allowance amount of 160 CY of "Item 4",: O 1 (Words) 125,x.25`0° (Figures) By signing below, the Bidder hereby certifies that he/she and each of his/her proposed subcontractors meets the minimum experience qualifications per the Instructions to Bidders, Article B. -20- Sign Bid Here `~~`-~~~ ~ - ~~~ AUTHORIZED SIGNATURE tr. r Print Name ~~~~+`~~~ ~~'~ ~~ - ~~ C.-~~c-~ r Title ~~ ~~ ~ ~~ Official Company Name~~~~0 ~©~~e~' ~ ~~~~i~`C®'~'S~C.._. (Individual, Partnership Cor ora ion LLC)* '' Circle applicable word Company Mailing Address ~ O ~~ ~~ctir''~ Cj'~c~C' ~t._~" ` , STREET STATE ZIP CODE Federal~rtployer Identification No. ~~ ' ~~J~~ Ol.~ ~ Telephone No. ~,y~ ~-~1~L~` ~~~0 Fax No. ~~~ ~~~ - ~~~~ -21 - (If bidder is a corporation, fill in the following blanks.) Organized under the laws of the State of: '1~,~ LTO~c'~ Name and Address of President:L i~~~~ ~~~_ ~~} ~~,~~ ~ ~l.Q b` Name and Address of Treasurer: ~~o\ (If bidder is a Limited Liability Company, fill in the following blanks.) Organized under the laws of the State of: Name of Manager or Managing Member: Agent for Service of Process: Address for Service of Process: -22- ,- Name and Address of Secretary: ,~~~~~\ ~rc~ c _ ~~~ C~ i ai STATE OF NEW YORK ss: ~' COUNTY O F fl~.~ c~ c..s.~ ) ~_ On the ~y}~ day of ~ ,before me, the undersigned, a Notary Public in and for said State, personalty appeared~~~\~c,,~-~~~.'~Jc~~o ~" personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the ~. instrument. ~~ ~" NOTARY PUBLIC Donna A Roundy Notary Public, State of New York ,,, No. 01 ROE08E224 Qualified in Dutchess County My Commission Expires Jan. 21, 20 y Yir 1r s w ir,. ~_ fir. -23- ~r. r Yir CERTIFICATION OF NON-COLLUSION BY BIDDER No bid will be considered unless this Certification remains attached to and is submitted with the Bid 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 his 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 knowingly been disclosed by the bidder and will not knowingly be disclosed by the bidder, directly or indirectly, to any other bidder or to any competitor, before the time of the bid opening. (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 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 Town Clerk of the Municipality to which the bid is made, or his/her designee, determines that such disclosure was not made for the purpose of restricting competition. (4) 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 or other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of subparagraph (1). r. (5) Any bid hereafter made to any public authority or to any official of any public authority created by the State or any political subdivision, by~~.atp~ate.-bidder for work of services performed or to be performed or goods s~ L~iiJ~h~ e ~. competitive bidding is required by statute, rule, regula ion, re such bid contains the certification referred to in the le d paragraph of this section, JUL 2 4 20`.3 -28- TOWN OP VVAPPINGER TOWN CLERK 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. I affirm these statements under penalty of perjury. BIDDER'S SIGNATURE: ~~~~,~ ~ ~~ _L- DATE: ~ ~i ELI ~.~ , ~ O\ ~ -- -29- -- --- ~~~~~' IA Document A3~ ~T~ - Z~1 ~' ~~- d~~ gr~ gpn~ JUL 2 4 2013 I CONTRACTOR: SURETY: i TOWN OF WgppINGER {Narrre, legal sranrs and addresr) (Name, legal status and pr»tcipalplact~ TOWN CLERK Sport•Tech Construction ol'huslness~ 410 Route 22, Brewster, NY 10509 SSelective nsurance Company of America 40 Wantage Avenue, Branchville, NJ 07890 This document has important legal State of New Jersey consequences. Cotlsultation with OWNER: an attorney is encouraged with respect to its completion or (Nar~c~, legal status grad adrlr°~~ss~ mod'~icatian. Town of Wappinger Town Hall, 20 Middlebush .Road, Wappingers Falls, NY 12590 Any singular reference to Contractor, Surety, Owner or BOND AMOUNT. *** Five Percent (5%) of the Amount Bid *** other party shall be considered plural where applicable. PROJECT: (Nr?rrrre, lc~ec'rtrort oo• address. crr~rll'r•uject mnnher, if amt) Martz Field East Tennis Court Reconstruction Project No. 13.013 The Contractor and Surety are bound to the Owner in the arnouni set forth above, far the payment of which the Contractor and Surety bind themselves,. their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Band are such that if the Owner accepts the bid of the Cantractar within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and C:antractcsr, and the Contractor either (l }enters into a contract with the Owner in accordance with the terms of such hid, and gives such bond or bonds as may be specified. in the bidding or Contract Documents, with a surety admitted in the jurisdiction af'the Project and otherwise acceptable to the Owner, #"or the faithful perf'armance of such Contract and far the prompt payment of labor and matertai furnished in the prosecution thereof; or (2} pays to the O«'ner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in goad faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extenstrn exceeding sixty (bt)} days in the aggregate beyond the time for acceptance of bids specified in the bid dacttments, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (bt}} days. if this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the tetTn Owner shall be deemed to be Contractor. When this Rand has been furnished to comply with a statutory orother legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefram and previsions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be canstrtted as a statutory bond and not as a common law bond. Signed and se: this 24th da}• of July 2013 Sport-Tech Construction (Conti a • ~r°i cipal) fSPal) (W"rtr7c~ss (Tale) Selective I a e~Co any a • {Strrety) 1} __ .. _~..... ~__.. _~~~._ ~._..._. .~.a...~~-_- ~it172S5~ . ~........~_ - µd~b_, ~, ,...._. <.,.,... ..._ .... ,_ .. ............~,_. .~. ,. .._.. (Title) Diana Toledo, Attorney-in-Fact in{~ AIA Oocumani A310*" _ 2010 (rev. 10120101. Copyright ®1963, 1970 and 2810 by Tne American Institute of Archtt~ts. Aii rights reserved. WAriNiNG: This AtA Document is protected by U.S. Copyright 4aw and Intemationat Treaties. tlnauthortzed reproduction or distnbutton of this AIA Document, pr sny particnr of it, may rctiskdt in severe civil and criminal ponaltios, and wilt be pros°cuted to the maximum extent possible under tfle law. Pura}rasa!S are permitted lu reproduce ten (10} enpiea of this document when eamp~ted To report copyright violations or AIA Contract Documents, a-mail The American Institute o1 Arrhitectx' legal counsel, capyrlght~ala erg. ncoa~rus,a Selective Insurance Company of America S ~ L E CT I VE ® 40 Wantage Avenue ,_ Branchville, New Jersey 07890 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 tune, remove any such appointee and revoke the power and authority given him/her. a O U W w F W U does hereby appoint Diana Toledo its true and lawful attoniey(s)-in-fact, full authority to execute on SICA's behalf fidelity and surety bonds or undertakings and other documents of a similar 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: One Hundred Fifty Thousand Dollars Signed this 24th day of July 2013 STATF. OF NEW JF,RSEY COUNTY OF SUSSEX as. Branchville On this 24th day of July _ 2013 before me, the undersigned officer, personally a,Rp~~~ Antonio C. Albanese, who acknowledged himself to be the Senior Vice President of SICA, and that he, as ~ ~ ~~.... ~. President, being authorized so to do, executed the foregoing instrumen the purposes therein containe~~~s~y~ylt s name of the corporation by himself as Senior Vice President and that was his free act and deecfand tltZ~free a~' •'• and deed of SICA. ~Sgly NEYENS - ' !" NOTARY PUBLIC OF N~EVY JERSEY ota blic ~ •~'. A~/B1.~C~ .. MY COMNlSSION EXPIRES 12/1ZJ201? The power of attorney is signed and sealed by facsimile under and by the authority i~he following Resoluti6ft`Ey ~b~` the Board of Directors of SICA a[ a meeting duly called and held on the 6th of February 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 ~ CU~p~,~ ~~j~ppgPO~ T r~ 1 do hereby certify as S1CA's Corporate Secretary that the foregoing extract of S1CA's By-L d'R ~4ut(~i 'Il in force and effect and this Power of Attorney issued pursuant to and in accordance with the By s is v~tti~' -~ 9 926 ~ ~., Signed this_24th day of July 2013 ~ ^ ~ ~ ~,,if~ R. ,r_aS~' ~~ H. Lanza, SICA B9I (04-07) Selective Insurance Company of America „ d:. , O 40 Wantagc Avenue ~~ `~' 1 ~ • '~ Bra»chville, New Iersey 07890 973-948-3000 STATEMENT OF FINANCyAGCONDITION 1 hereby certify that the following information is contained in the Annual Statement of Selective Insurance Company of America ("S1CA") to the New Jersey Department of Banking and Insurance as of December 31, 2012:.. ADMITTED ASSETS (in thousands) LIABILITIES'AND SURPLUS (in thousands) Bonds $849,414 $ ];054,961 Reserve for losses and loss expenses Preferred stocks at convention value 0 Reserve for unearned premiums 269,462 Provision for unauthorized Common stocks at convention values 703,13$ 'reinsurance 3,753 Subsidiary common stock at Commissions payable and convention values 0 contingent commissions 16;737 Short-term investments 111,103 Other accrued expenses 13;457 Mortgage loans on real estate {including collateral loans) 37,443 Other liabilities 1 5 $ 4 Other invested assets 86,ti85 Total liabilities 1,33$;357 Interest and dividends duo or accrued 11,771 Premiums receivable 233,536 .Surplus as regards policyholders 921 Other admitted assets 69 41 Total liabilities and surplus as Total admitted assets } regards policyholders ~,~? ,~$ 1 further certify that the following is a true and exact excerpt from Article VII, Section ] of the By-Laws of $1CA, 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 Gorparate Secretary may, frgm time to tune; appoinf attorneys in fact, and agents to act far 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 altie 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 him7her. IN W 1TNESS WHEREOF, 1 hereunto subscribe my name and a the seal of Sl is _~ ' ay of ,`,.~.,;,;,. ~a t, ~. -,.~; ~~ l (, ` ~ ~~ ~, t~(1 \ ~4 ~J 1 ,~ 1 ,~ ~`~'t Michael H. Lanz ~ ~„ /~~ uC. ;t: ~ ~ 'i S1CA Corporate Secret ~}x ~ ~ a 1926 ~ ,~ STATE OF NEW JERSEY : ~'^ ~~/~ as. Branchville ~~~~ :~`.:~ COUNTY OF SUSSEX _,.7df , Dn this day of ~C'~,2013, before me, the undersigned officer, personally appeared Michael H. Lanza, ~ ~,,,,; acknowledged himselfta be the Corporate Secretary of S1CA, and that he, as such Corporate Secretary,.b~ ~i~i¢itlirii~je~a,~ to do, executed the foregoing instrument for the purposes therein c ,-by signing the name of the Qdation by' ' . 6s~ himself as Corporate Secretary. ~TAA~ .~ Clutlene K6ltble _ -- ~ _. = ?lota~yPabi~ofNitwJersifir o ublic A~~4~v ily~:ammissbAL'xplr'es8ft~f18 My CommissionExpi"es: '•. .~~: ~, 5 , •, ,. ~, NE-ti .1~Q` ~~ i SUte of ss. e County or -- -- -- _ -- n. • r-t ~ Ott this day o! • 19 before ma personally eameZp . ; H s e C to ma known, d'"iv. and known to me to be the indlv;duat descritxd in and who executed the foregoing instrument and acknowledged tome that he exstauted~ 9 Y the lama. t?,1 fNy commission expires Notary ubtSt: State or ss. County of c C" s On this day or 19 „bafvra me personally came,b ~ o •~ o to ma known and known to me ~ H i g y ~ to be a member of the f irm of dncAbed in and whs execussd the toregvinq instrument, and he thereupon acknowledged to ma that he executed the same as and for the act and decd Af said rlrm. My commission expires Notary Public State of ~/e ~ ~ ~, ~,,__ ~ ss, County of / r/l ~~/~ s'~--- On this _ ay oI v' ~~ before me personalty came /~ ` ~ , to a known. i a ~ ~ o,~T T ~ who being by me duly sworn, id depose and toy that ha is the ~ ~ ~ ~~ (of the corporation described in and which cxecuted the above tnstrume t; that knows the seal of said eorpor lion; th the seal arf ed to said Instrument is such corporate N.ai; that it was s~~+~~(~CSEe of the 8o rd or Olrecto t said tarp ,and that ha sr ad h!s name thereto by like order. ~P~Ik,S~teofN~ ~ ~~~`°'7 01PU6035163 My commission expires ~~~ CW_ Jtllty Notary ublic er 27; 2013 State of New York ::. county ofPutnam t7n this 24th day r,r July Diana Toledo 2013 afore me parsonsliy came to me known, who, being tty me duly sworn, did dtrposa and say that ne a an attorney.in-tact arSelective Insurance Company of America the corporation described in and which executed tt+e within inttrument; that he knows the corporate seal of said corporation; that the seal sttixtd to the within insaurnent is sur,,h rarporate sea{, and that l+e signed the saidinstrument andaifrxed the said test as Attorney•in-Fact by authority of the 8asrd o- Directors of said corporation and by authority at chit altice unbar the Standing Fiesolvtions thereof. My commission expires RHN13 a u i RAEGAN A. GUGLIELMO Notary Public, State of New York No. 01 GU6207380 Qualified in Putnam County Term Expires June 15: 2n~ 7 n b ~~ t7 y Cif 0 ~~ O M H A _ ~~ I~ TOWN OF WAPPINGER MARTZ FIELD EAST ~~L 2 4 2013 CONTRACT 13-013 TENNIS COURT RECONSTRUCTION PROJEC QWN OF WAPPINGER T TpVV ~ ~~~~K BID FORM THE TOWN RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS. EACH BID FORM SHALL BE ACCOMPANIED BY BID SECURITY (AS DESCRIBED IN THE INSTRUCTIONS TO BIDDERS). TO THE TOWN BOARD, TOWN OF WAPPINGER, NEW YORK Pursuant to and in compliance with your invitation to bid contained in the Notice to Contractors dated "7 ~ o '~ a ~ 3 (month) (day) (year) the undersigned hereby proposes to furnish alt labor, machinery, equipment, facilities, tools, transportation, supplies, materials, insurances, permits, certificates, tests, -- guarantees,. protection of equipment and property and fife during construction; as well as competent and qualified supervision for all phases of the work, and other facilities and ~„~ things necessary or proper for or incidental to the Martz Field East -Tennis Court Reconstruction Project, Contract 13-013, Town of Wappinger, as required by and in strict accordance with the plans, specifications and all other documents, for the prices stipulated ~. and as shown on this bid form. Name of Bidder: S e~ C sr' ~' ~'~~~'' (Individual, Partnership Corporation or LLC)* * Circle applicable w The undersigned declares that the bidding and contract documents have been carefully examined and that all things necessary for the completion of the work shall be provided. Receipt of the following addenda is hereby acknowledged: DATE ADDENDUM NO. 1 ADDENDUM NO. 2 ADDENDUM NO. 3 ADDENDUM NO. 4 -~ , ~ s'-zni3 -18- i-. 'r In consideration of, and to induce the award of this contract to him/her, the bidder represents and warrants that: (a) If this bid is accepted by the Town Board, Town of Wappinger, as evidenced by issuance of a Notice of Award by the Owner, and mailed by registered mail with return receipt requested to the address of the bidder as indicated on his/her bid, the bidder will execute a contract on the form of agreement herein provided and will comply with all provisions of said Notice of Award. (b) This bid is made without any understanding, agreement or connection with ~ any other person, firm or corporation making a bid for the same work, and that it is in all respects fair and without collusion or fraud. (c) He/She has carefully examined and fully understands all of the parts of the contract documents, and that he/she will execute the contract and will completely perform it in strict accordant„ with the provisions therebf for the sum set forth on the bid. (d) No officer or employee of the Town Board, Town of Wappinger, or any person whose salary is payable in whole or in part by the Town Board is, shall be, or shall become interested directly or indirectly as a contracting party, partner, stockholder, surety or otherwise in this bid or in the performance of the contract or in the supplies, materials or equipment, or to work or labor to which it relates, or in any portion of the profits thereof. (e) He/She is not in arrears to the Town Board upon debt or contract and is not a defaulter as surety, contractor, or otherwise upon any obligation to the Town Board, Town of Wappinger. (f) All work shall be completed within the time allotted, from the date specified in the Notice to Proceed or set by the contract documents, mailed to the undersigned by registered mail with return receipt requested to the legal address of the bidder as indicated on his/her bid. (g) If the bid documents contain any unlawful provision not an essential part of the bid and which shall not appear to have been a controlling or material inducement to the making thereof, the same shall be deemed of no effect and will upon notice by either the Owner or the bidder be deemed stricken from the bid documents without affecting the binding force of the remainder. ""' (h) Each and every provision of any law and clause required by law to be inserted in the bid documents shall be deemed to be inserted herein and the bid documents shall be read and enforced as though it were included herein; ~`' and if through mistake or otherwise any such provision is not inserted or is not correctly inserted, then upon the application of either party, the bid documents shall forthwith be physically amended to make such insertion. -19- rr. r. ~' (i) That he/she is financially solvent and sufficiently experienced and competent to perform the work. (j) The work can be performed as called for by the owner's proposal and that the plans and specifications are in all respects suitable and adequate for the work. (k) That the facts stated in his/her bid and the information given by him/her are true and correct in all respects. (I) That he/she is fully informed regarding all the conditions affecting the work to be done and labor and materials to be furnished for the completion of this contract, and that his/her information was secured by personal investigation and research. (m) In the event of a lawsuit, the bidder agrees that said suit shall be filed in the same federal district or county as the location of the project. BID FOR CONTRACT WORK: BASE BID: The Bidder proposes to perform the work required in accordance with the contract ~ documents for the Martz Field East Te nis Court Rec ro' th " ~ ... of, which amount includes th `amount of ,. (worm ~, ~ ~ -~' (Figures) By signing below, the Bidder hereby certifies that he/she and each of his/her proposed subcontractors meets the minimum experience qualifications per the Instructions to Bidders, Article B. ~. s -20- r b Sign Bid Here f `~ "`~ V' - ~"~ AUTHORIZED SI NATURE Print Name ~ //~ /~-n t~ ~r ~ ~- Title /` ~~ L.S Official Company Name ~ ~~Q'7~ f P~ (- rt-~'/ vG i ~~~ (Individual, Partnership, Corporation, LLC)* * Circle applicable word Com an Mailin Address ~ ~ ~ ~ ~~ I -e- o~ P Y g STREET CI 7 ~ ~ fl~~ STATE ZIP CODE Federal Employer Identification No. ~ I ~ ~ ~~ Telephone No. Y' / ~ .a 3 a - i 6 ~~ Fax No. ~' / ~f ~ 3 c~ " / ~'O '~ L -21 - ~w f ~" (If bidder is a corporation, fill in the following blanks.) r 1; / ~ Organized under the laws of the State of: l~[ X4.1 1 ~~I( r---- ~"' Name and Address of President: A~ / ~/~it~ ~ ~,~~ Name and Address of Secretary: .__. ~[ ~ / v i eSL~ Name and Address of Treasurer: ~/ ~. (If bidder is a Limited Liability Company, fill in the following blanks.) Organized under the laws of the State of: Name of Manager or Managing Member: Agent for Service of Process: Address for Service of irr -22- 1Yr STATE OF NEW YORK 1 ss: COUNTY OF r/7~/V~i'1 ) On the ~ D day of '~Jl ril y' ,before me, the / ~/ undersigned, a Notary Public in and for said State, personally appeared ~ '' ,c~G~r/l personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. f~ ANGELO PUGLIESE Notary Public, State of New Yak O1PU6035163 Qualified in Putnam County NOTARYM~~ 'resDecember27,2013 D _~__= ~~=-~ ~~~~a JUL 2 ~ Z~;3 `. ,TOWN O~ ~ p~~~T. ~ EFL T~`r±d ~~ ~`.4a,.~ .. -23- BID BOND If a bond is used, the form bound in this manual should be used. No other form may be used except with prior approval by the Owner after review by the Town ~. Attorney which approval may be granted or withheld, in the Owner's discretion. it -24- BID BOND KNOW ALL MEN BY THESE PRESENTS: that ** as Principal; and 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 day of 20 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 Martz Field East, Contract 13-013, -Tennis Court Reconstruction Project for the Town of Wappinger, New York, as shown and specified. 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 a contract in the Form of an Agreement attached hereto (properly completed in accordance ~,,, with said Bid) and shall in all respects perform the agreement created by the acceptance of said Bid, 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. it 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 ir. of any such extension. 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. -25- (SEAL) '`Insert Bidder's Name **Insert Surety's Name PRINCIPAL By Signed, sealed and delivered in the presence of (Corporate seal of Contractor if a corporation} Contractor By BY (Title of Officer) (Corporate seal of Surety} Attest (Title of Officer) -26- it STATE OF NEW YORK ) ss: ~,. COUNTY OF ) On the day of ,before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLfC ^. b ~w CERTIFICATION OF NON-COLLUSION BY BIDDER No bid will be considered unless this Certification remains attached to and is submitted with the Bid 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 his 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 knowingly been disclosed by the bidder and will not knowingly be disclosed by the bidder, directly or indirectly, to any other bidder or to any competitor, before the time of the bid opening. (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 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 Town Clerk of ~,,, the Municipality to which the bid is made, or his/her designee, determines that such disclosure was not made for the purpose of restricting competition. (4} 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 or other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of subparagraph (1). ~ (5) Any bid hereafter made to any public authority or to any official of any public authority created by the State or any political subdivision, by a corporate bidder for work of 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 the lead paragraph of this section, ~„ -28- Itr r 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. I affirm these statements under peyfal~jr of perju BIDDER'S SIGNATURE: DATE: ~ ~- ~ '-- V -29- c _v.. TOWN OF WAPPINGER ~~P-., %,_--~Ntl.+ i.~~~ MARTZ FIELD EAST CONTRACT 13-013 JUG ,~ ql ^~!~ TENNIS COURT RECONSTRUCTION PROJ,, ~WN OF WAPFIn~~'ER BID FORM TOWN CLARK THE TOWN RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS. EACH BID FORM SHALL BE ACCOMPANIED BY BID SECURITY (AS DESCRIBED IN THE INSTRUCTIONS TO BIDDERS). TO THE TOWN BOARD, TOWN OF WAPPINGER, NEW YORK Pursuant to and in compliance with your invitation to bid contained in the Notice to Contractors dated ~ ~ a0 ~ 3 , (mo h) (day) (year) the undersigned hereby proposes to furnish all labor, machinery, equipment, facilities, tools, transportation, supplies, materials, insurances, permits, certificates, tests, guarantees, protection of equipment and property and life during construction; as well as competent and qualified supervision for all phases of the work, and other facilities and things necessary or proper for or incidental to the Martz Field East -Tennis Court Reconstruction Project, Contract 13-013, Town of Wappinger, as required by and in strict accordance with the plans, specifications and all other documents, for the prices stipulated and as shown on this bid form. Name of Bidder: SUN UP ENTERPRISES, INC~ ~• (Individual, Partnershi Corporation r LLC}* * Circle applica The undersigned declares that the bidding and contract documents have been carefully examined and that all things necessary for the completion of the work shall be provided. Receipt of the following addenda is hereby acknowledged: DATE ADDENDUM NO. 1 ADDENDUM NO. 2 ADDENDUM NO. 3 ADDENDUM NO. 4 J Is ~o 7-1Q•l3 ~•a3-13 3 -18- e In consideration of, and to induce the award of this contract to him/her, the bidder represents and warrants that: (a} If this bid is accepted by the Town Board, Town of Wappinger, as evidenced by issuance of a Notice of Award by the Owner, and mailed by registered mail with return receipt requested to the address of the bidder as indicated on his/her bid, the bidder will execute a contract on the form of agreement herein provided and will comply with all provisions of said Notice of Award. (b) This bid is made without any understanding, agreement or connection with any other person, firm or corporation making a bid for the same work, and that it is in all respects fair and without collusion or fraud. (c) He/She has carefully examined and fully understands all of the parts of the contract documents, and that he/she will execute the contract and will completely perform it in strict accordance with the provisions thereof for the sum set forth on the bid. (d) No officer or employee of the Town Board, Town of Wappinger, or any person whose salary is payable in whole or in part by the Town Board is, shall be, or shall become interested directly or indirectly as a contracting party, partner, stockholder, surety or otherwise in this bid or in the performance of the contract or in the supplies, materials or equipment, or to work or labor to which it relates, or in any portion of the profits thereof. (e) He/She is not in arrears to the Town Board upon debt or contract and is not a defaulter as surety, contractor, or otherwise upon any obligation to the Town Board, Town of Wappinger. (f) All work shall be completed within the time allotted, from the date specified in the Notice #o Proceed or set by the contract documents, mailed to the ~• undersigned by registered mail with return receipt requested to the legal address of the bidder as indicated on his/her bid. (g) If the bid documents contain any unlawful provision not an essential part of the bid and which shall not appear to have been a controlling or material inducement to the making thereof, the same shall be deemed of no effect '~ and will upon notice by either the Owner or the bidder be deemed stricken from the bid documents without affecting the binding force of the remainder. ~" (h) Each and every provision of any law and clause required by law to be inserted in the bid documents shall be deemed to be inserted herein and the bid documents shall be read and enforced as though it were included herein; and if through mistake or otherwise any such provision is not inserted or is not correctly inserted, then upon the application of either party, the bid documents shall forthwith be physically amended to make such insertion. -19- ~r (i) That he/she is financially solvent and sufficiently experienced and competent to perform the work. (j) The work can be performed as called for by the owner's proposal and that the plans and specifications are in all respects suitable and adequate for the work. (k) That the facts stated in his/her bid and the information given by him/her are true and correct in all respects. (I) That he/she is fully informed regarding all the conditions affecting the work to be done and labor and materials to be furnished for the completion of this contract, and that his/her information was secured by personal investigation and research. (m) In the event of a lawsuit, the bidder agrees that said suit shall be filed in the same federal district or county as the location of the project. BID FOR CONTRACT WORK: BASE BID: The Bidder proposes to perform the work required in accordance with the. contract documents for the Martz Field East Tennis Court Reconstruction Project, for the lump sum of, which amount includes the allowance amount of 160 CY of "Item 4",: e~ (Words) (Figures} t By signing below, the Bidder hereby certifies that he/she and each of his/her proposed subcontractors meets the minimum experience qualifications per the Instructions to Bidders, Article B. -20- Sign Bid Here Print Name Ncar~ ZED SIGNATURE Title ~re5 t ~~ Official Company Name SUN UP ENTERPRISES, INC. (Individual, Partnership, orporatio LC)* * Circle applicable w '" Company Mailing Address I (.0 0 _f '~9, ~- 3~ b - STREET `~ n n.Q. ~.n Fa,1~15 I~t ~ 1 a s ~ o S ATE ZIP CODE Federal Employer Identification No. ~'~" - I ~ a ~ 391 Telephone No. 8'~S-'~~~- I S~bD Fax No. ~~-`f~a- g3"(~ -21 - r. I'" (If bidder is a corporation, fill in the following blanks.) Organized under the laws of the State of: ~~ ~.,~,r~Z Name and Address of President: ~~arv Id ~u .finer ~S l~0~,1,~0.5 ~Y PcS1.t (~,Qn~P p ~ n~ D o ~ N `E I a Cv o Name and Address of Secretary: ~a-r0i~ ~uc~-h-e~' 8 Baas ~~ ~6uo ~le.~ .e~;~r p~ `~ -a r'oo3 Name and Address of Treasurer: Cajole $uc.hne~ g 7i all a s ~D~, _ Pou c~hk.e.~P 5i ~ - ~ Y La ~ 03 (If bidder is a Limited Liability Company, fill in the following blanks.) Organized under the laws of the State of: Name of Manager or Managing Member: Agent for Service of Process: Address for Service of Process: m -22- STATE OF NEW YORK } ss: COUNTY OF `~ Ui~cnc~~' ) On the ~~ ~d day of ~u~, a0lo~ ,before me, the undersigned, a Notary Public in and for said State, personally appeared ~ara~d hnef personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. niarv~ c. ~rnnni Notary PuP,lic, S±~,s, o' ~'.ew York CO T~IY.!.`` rl `1 t'vU U I ~:~~... ~._::_'-rtSH~T Que. I',t it-; r; ,' ~ ~, county Commission Cx{~ires fu;ay 17, 20 ~ -23- NOTARY PUBLIC I` ~.- BID BOND If a bond is used, the form bound in this manual should be used. No other form may be used except with prior approval by the Owner after review by the Town Attorney which approval may be granted or withheld, in the Owner's discretion. L -24- BID BOND KNOW ALL MEN BY THESE PRESENTS: that * Sun Up Enterprises Inc as Principal; and ** Travelers Casualty and Surety Company of America aS SUrety, are hereby held and firmly bound unto the Town Board, Town of Wappinger, New York in the amount Of: FIVE PERCENT OF ATTACHED BID Dollars $ 5~ percent of attached 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 22nd day of July 2t) 1~_. 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 Martz Field East, Contract 13-013, -Tennis Court Reconstruction Project for the Town of Wappinger, New York, as shown and specified. 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 a contract in the Form of an Agreement attached hereto (properly completed in accordance with said Bid) and shall in all respects perform the agreement created by the acceptance of said Bid, 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. 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. ~~~ ~~'~~ 1 JUL 2 4 2013 TOWN OF WAPPINGFF~ TC)W N CL~~~ -25- (sEAL} *Insert Bidder's Name **Insert Surety's Name Signed, sealed and delivered in the presence of (Corporate seal of Contractor if a corporation) PRINCIPAL Sun U Ente By - - - sident Sun Up Enterprises Inc By Haro d B chne r sident ntractor Travelers Casualty and Surety Company of America_ - By Carmella M. Grassi . ( tl of Officer) Attorney-in-Fact (Corporate seal of ~~,~~~ Surety} Attest (Title of ffcer} Attorney-in-Fact -26- STATE OF NEW YORK ) ss: COUNTY OF ~~ ~eSS ) On the ~.a~,,o~ day of ~ ~~a ~ ~ 3 ,before me, the undersigned, a Notary Public in and for said State, personalty appeared xarold Buchner personalty known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLlC o~ n~~ n c ~Mr,~i c ti';~~U~'1$i~7 CG ii 1 `;' ~I1 ~L; 1, V i_i a .. a I'i J'~_1TG I°'3S' (;ULIIIty Con°~missiori ~,;Naeo (~'~ay 17,LO^ STATE OF NEW YORK ) ss: COUI~ITY OF Dutchess ) On the 21st day of July, 2013 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Carmella M. Grassi personalty known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ~f~i~ .~a;~~..,~- NOTARY PUBLIC K,'~THLEEN A BROWN Notary Public, State of New York +:;+ualified in Ulster County Feg, No. 4719731 +^ ~+~n Expires Dec. 31, 20 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ,Aa POWER OF ATTORNEY TRAVELERS ~ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney-In Fact No. 224598 Certificate No. 0 0 4 8 7 8 519 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guazanty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Frank S. Maranto Jr., Kevin A. Viana, Mary Ann Szczypca, Timothy Rychcik, Susan Provost, Kathleen A. Brown, Carmella M. Grassi, and Eleanor Menges of the City of POUoeh~kP~pS1P ,State of New 1'Ofk ,their true and lawful Attorney(s)-in-Fact, each in their sepazate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 25th IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of May 2012 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company I.SU qy+.•. p1RE 6~ ~~N..~Nf` •p11NSUg9 s aJP~tY Aryan ~~,,~pyM(~~~ 4~(~,jtY.i,~ G ~ ~~~~ L ~ ~. ar ~P Q' RGOR ~ 4i n. 9 ~r p ~ ~ ~t~ ry ~>F•.y Q~ pPORAT ~, t^ g~ ORATED m ~t m W!co ~ E; ~ a HARIFCF0. ~ < ~. m: Z - - . ~" m HARTFORD, t Z 1982x; 1977 g 1951 N~' ~~•.SE ALio°J ~`.SBAL:'a°~ W CONN. o ~•~ ~ ~l+p< ~y`~ncc~'"aa b° a~s~s cEC~ ~0.1........~a1~ ~vt..' '~,aD bhi ~~~t '~' 1~ Alt~° State of Connecticut City of Hartford ss. By: Georg Thompson, euior ice President 2012 ,before me ersonall a eared Geor e W. Thom son, who acknowledged On this the 25th day of May p y . pp g p himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guazanty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. '~~~~ My Commission expires the 30th day of June, 2016. ~ ~«G ~$ 58440-6-11 Printed in U.S.A. `~'(~ c~n~ ~ . Marie C. Tetreault, Notazy Public WARNING: THIS POWER OF TRAVELERS CASUALTY AND SURETY COMPANY OF kI,AEf21CA HARTFORD, CONNECTIGUF fl61S3 FihIANCIAL STATEMENT AS OF DECEMBER 3f, 2di2 AS FILED IN THE STATE OF NEW YORK CAPITAL STOCK $ 8,480,000 ASSETS LIABILITIES 8 SURPLUS f.ASH AND INVESTED CASH $ 15,936;791 UNEARNED PREMIUMS $ 763,409,692 20NDS 3,713,171,Di5 LOSSES ' 901.058,710 INVESTtiENT INCOME DUE AND ACCRUED 50,798,732 REINSURANCE PAYABLE ON PAID LOSSES 8 LOSS ADJ. EXPENSES 1,446,021 OTHER INVESTED ASSETS 280,730;697 LOSS ADJUSTMENT EXPENSES 534,370,660 PREMIUM BALANCES 184,942,508 COMMISSIONS 29,281,778 NET DEFERRED TAX ASSET 63,274,378 TAXES, LICENSES AND FEES 66,762,694 P,EINSURMlCE RECOVERABLE 12,414„ri24 OTHER EXPENSES 35.588,957 SECURITIES LENDING REINVESTED COLLATERAL ASSETS 7,769,155 FUNDS HELD UNDER REINSURANCE TREATIES 94,449,544 RECEIVABLES FROM PARENT, SUBSIDIARiESAND AFr"!ELATES 11,480,470 CURREM FEDERAL ANO FOREIGN INCOME TAXES 60,875.573 UNDI5TRIBUTEO PAYIJIENTS (1,439,585) REMITTANCES AND ITEMS NOT ALLOCATED 19,2.70,931 OT'rIER ASSETS 884,093 AMOUNTS WITHHELD !RETAINED $Y COMPANY FOR OTHERS 79,084,8D6 RETRDACTtVE REINSURANCE RESERVE ASSUMED 3,163,164 POLICYHOLDER DIVIDENDS 6,730,121 PROVISION FOR REINSURANCE 5,314,325 ADVANCE. PREMIUM 726,898 PAYABLE FOR SECURITIES LENDING 7,789,155 CEDED REINSURANCE NET PREMIUMS PAYABLE (74.803,744} ESCHEAT LIABILITY 525,399 OTHER ACCRUED EXPENSES AND LIABiLETiES 282,062 TOTAL UABILITIES S 2.559.103,957 CAPITAL STOCK S 6,480,Opd PAID IN SURPLUS 433,603,760 OTHER` SURPLUS 1,340, i 68.D61 TOTAL SURPLUS TO POLICYHOLDERS 3 1,780451.821 TOTAL ASSETS S 4 339.55, x,776 TOTAL LIABiIITIESB SURPLUS S 4,:,39.558.778 STATE OF CONNECTICUT y COUNTY OF HARTFORD ) SS. CITY OF HA,RTFCrRD } 6kICHAEL J. DOODY, BEING DULY SUVORN, SAYS THAT HE f5 SECOND VICE PRESIDEt~IT, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA„ AND THAT TO THE BEST OF HIS KNC•WLEDGE AND BELIEF, THE FOREGOING IS A TRUE ANp CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 31ST DAY OF DECEMBER; 2012. SUBSCRIBED AND SV'JORN TO BEFORE ME THlS 20TH DAY OF MARCH, 2013 ,G „ .~ P SECOND VICE PRESI[9E ~. NOTA~' PL1E3I;IC~ ~ SLISA,N M. VdF.[SSI..F.I.)ER R'ntaru Pu81ic~ h-fU~ c at:nttrxnq ~zprrrr h'~rL.rntf~Mr ?!1, ,~itl BID BOND KNOW ALL MEN BY THESE PRESENTS: that as Principal; and ** 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 day of 20 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 Martz Field East, Contract 13-013, -Tennis Court . Reconstruction Project for the Town of Wappinger, New York, as shown and specified. 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 a contract in the Form of an Agreement attached hereto (properly completed in accordance with said Bid) and shall in all respects perform the agreement created by the acceptance of said Bid, 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. 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. ~ -25- ~ r (SEAL) PRINCIPAL Insert Bidder's Name **Insert Surety's Name By Signed, sealed and delivered in the presence of (Corporate seal of Contractor if a corporation) Contractor By (Corporate seal of Surety) By (Title of Officer) Attest (Title of Officer) -26- STATE OF NEW YORK ) } ss: COUNTY OF On the day of ,before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which ~_ the individual acted, executed the instrument. NOTARY PUBLlC CERTIFICATION OF NON-COLLUSION BY BIDDER No bid will be considered unless this Certification remains attached to and is submitted with the Bid SUN UP ENTERPRISES, INS 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 his 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 knowingly been disclosed by the bidder and will not knowingly be disclosed by the bidder, directly or indirectly, to any other bidder or to any competitor, before the time of the bid opening. (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 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 Town Clerk of the Municipality to which the bid is made, or his/her designee, determines that such disclosure was not made for the purpose of restricting competition. (4) 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 or other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of subparagraph (1). (5) Any bid hereafter made to any public authority or to any official of any public authority created by the State or any political subdivision, by a corporate bidder for work of services performed or to be performed or goods sold or ere competitive bidding is required by statute, rule, regulatio ~c ere such bid contains the certification referred to in the ad graph of this section, ,lU~ 2 4 2013 , -28- APPINGE~ TOW N ~ ~ ~~~,~ T~~ 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. affirm these statements under penalty of perjury. BIDDER'S SIGNATURE: DATE: l ~1. ~'~~~ - 29 - n et-- CREDIT INFORMATION Type of Business: Corporation State of Incorporation: New York Date of Incorporation: February 4,1981 Federal ID No.: 14-1626397 Bank Reference: M&T 1568 Route 9 Wappingers Falls, New York 12590 (845) 298-6221 Vinny Oppedisano Account No.: 9857743893 Trade References: Vellano Bros., Inc 7 Hemlock Street Latham, NY 12590 (518) 785-5537 telephone (518) 785-2518 fax Peckham Materials Corp. 20 Haarlem Avenue White Plains, NY 10603 (914) 949-2000 Davies Hardware, Inc. 806 Main Street Poughkeepsie, New York 12601 (845) 452-6740 Surety Reference: Travelers Property Casualty 185 Asylum Street, 5CP Hartford, CT 06103 (860) 277-8394 Paul Simeon, Dept. Mgr. 160 Route 3~6 Wappingers Falls, NY i259o Telephone: (845) 462-1800 Fax: (845) 462-8375 Page 2 of 8 CURRENT CONTRACTS JANUARY 2013 Rondout Constructors, Joint Venture NYCDEP DEL-185 Bob Weir (845) 632-3400 Contract Amount: $8,572,442.00 New York State Department of Transportation D262127 NYSDOT Engineering Contract Amount: $387,884.50 New York State Office of General Services Contract No. EC084C Otisville Correctional Robert Ruiz Tel: (845) 386-4020 Contract Amount: $150,000 New York State Office of General Services Contract No. EC168C Fishkill Correctional Kevin O'Brien Tel: (845) 831-3111 Contract Amount $150,000 Town of Wappinger Contract No, 11412.07 Challenger Field Greg Bolner Clark Patterson Lee (845) 454-3411 Contract Amount: $78,275.00 Proposed Completion: February 2013 Proposed Completion: September 2013 Proposed Completion: January 31, 2013 Proposed Completion: January 31, 2013 Proposed Completion: May 2013 RECENTLY COMPLETED CONTRACTS Town of Lloyd North Road Culvert Ray Jurkowski, Morris Associates (845) 454-3411 Contract Amount: $78,900 Beaver Dam Lake Water Corporation Water Distribution System Improvements Kevin M. Flood, PE (860) 646-2469 Contract Amount: $1,387,197.00 Elderlee, Inc. NYSDOT Contract D251975 Dave Bragg (315) 789-6670 Contract Amount: $132,335 New York State Thruway Authority TANY 09-5261D213857 Sloatsburg Service Area Improvements Dave Frank (845) 918-1884 Contract Amount; $6,087,136.00 New York State Thruway Authority TANY 10-24B/D213940 Reconstruction of 6 Culverts Kristen Resnikoff (845) 817-2563 ContractAmount: $1,177,098.00 SUNY New Paltz Site Renovation Phase I & II, Hasbrouck Quad Garry Nack (845) 257-3276 Contract Amount: $ 3,927,685.00 Page 3 of 8 Town of Wappinger Cider Mill Lane Water Tank Demolition & Reconstruction Bob Gray Morris Assoc (845) 454-3411 Contract Amount: $ 809,129.00 Aquifer Drilling & Testing Inc. NYCDEP Shaft 5B Steve Wolf (516) 616-6026 Contract Amount; $253,000.00 FLUOR ' Shenandoah Waterline -Griffin Lane Misty Clawson (845) 894-5432 Contract Amount $ 115,575.00 New York State Bridge Authority BA-2010-RE-104CM Systemwide Asphalt Paving Repairs Joe Rochfort (845) 691-4077 ContractAmount: $677,150,00 Groundwater Sciences Corporation Contract #01003049 Shenandoah Road Fishkill NY Joe Mihm (845) 338-7622 Contract Amount $ 265,000.00 Dutchess County DPW County Route 8 Slope Stabilization Jeff Akins (845) 486-2925 Contract Amount: $174,867 Dutchess County DPW County Route 14 Culvert Jeff Akins (845) 486-2925 Contract Amount: $376,490 Town of Wappinger Challenger Field Greg Bolner, Clark Patterson Lee Tel: (845) 567-6700 ContractAmount: $241,378 Page 4 of 8 PAST COMPLETED CONTRACTS Page Park Associates, LLC Central Hudson Electric 8~ Gas NYSDOT Improvements to Route 55 Main Street #25575 Kelly Libolt (845) 471-0191 Nick Conza (845) 486-5430 Contract Amount: $347,825.00 Contract Amount: $395,449.00 City of Poughkeepsie Scattered Sewer Improvements #08-10-08 Joe Chenier (845) 451-4047 Contract Amount: $89,546.00 Pizzagalli -Shenandoah Waterline Contracts: C, D, E David Levy - (845) 892-8324 Contract Amount: $5,894,000.00 City of Poughkeepsie Basketball Court #05-10-06 Joe Chenier (845) 451-4047 Contract Amount: $81,945.00 Dutchess County Lighting at 911 Center Ron Cosentino (845) 562-2320 Contract Amount: $60,136.00 New York State Department of Transportation D261283 Curbs & Sidewalk Replacement Newburgh, NY Lou Capo, EIC (845) 565-0279 Contract Amount: $209,669.00 Williams Specialty Services Indian Point Nuclear Plant Various Projects: Sidewalks, Parking Lots, Concrete Work Steve Cannady scannady@wisgrp.com Contract Amount: $154,234.00 Newburgh Enlarged City School District Terry Damon (845) 566-8438 (1) Gidney Avenue School Contract Amount: $179,395.00 (2) North Junior High School Contract Amount: $128,280.00 (3) North Junior High Practice Field Impv Contract Amount: $59,524.00 NY State Office of General Services Various T&M Projects At Prisons: • Fishkill Corr. Roof Tunnel EB299G Kevin O'Brien (845) 831-3111 Contract Amount: $193,900.00 • Rockland County Psych - EB376C Glenn Roth (845) 365-0730 Contract Amount: $75,000.00 • Otisville Correctional EB375G Repair Watermain Rob Ruiz (845) 386-4020 Contract Amount: $200,000.00 • Greenhaven Prison EB085C Eric Tetor (845) 227-3829 Contract Amount: $298,300 • Fishkill Correctional Bld#12 Kevin O'Brien (845) 831-3111 Contract Amount: $88,933.00 • Sing Sing -Firing Range EB116C Ed Murphy (914) 941-1177 Contract Amount: $62,707.00 • Otisville Correctional Sewer Plant EB056G Rob Ruiz (845) 386-4020 Contract Amount: $23,533.00 • Greene Correctional Facility EB130G Richard Christensen (518) 731-8290 ContractAmount: $31,567.00 • Camp Smith E6253C Parshu Bhatt (914) 734-8047 Contract Amount: $47,378.00 Page 5 of 8 Pizzagalli -IBM T.J. Watson Research Center, Yorktown, NY Condenser Waterline Project Brad Mennell - (914) 945-2550 Contract : $1,400,000.00 Pizagalli -IBM T.J. Watson Research Center, Yorktown, NY City Waterline Project Brad Mennell - (914) 945-2550 Contract: $275,000.00 Pizzagalli -IBM T.J. Watson Research Center, Yorktown, NY Miscellaneous Purchase Orders Brad Mennell - (914) 945-2550 Contract: $100,000.00 Dutchess County Rail Trail Stage II Tony Aceto, C&S Engineering - (845) 471-6890 Contract: $1,900,000.00 Central Hudson Electric 8~ Gas North Water Street Poughkeepsie Ductbank Nick Conza: (845) 486-5430 Contract: $420,000.00 New York State Department of Transportation D260332- Route 9 Bridge Rehabilitation Frank Wiedman - (845) 297-9009 Contract Amount: $6,356,878.00 Pizzagalli Construction Co., Inc. Shenandoah Waterline Contract "B" David Levy - (845) 892-8324 Contract Amount: $4,962,012.00 Ferrari & Sons, Inc. - 911 Building, Lou Ferrari - (845) 452-0387 Contract Amount: $262,221.00 City of Newburgh -East Parmenter Street John Szarowski, PE : (845) 567-3100 Contract Amount: $ 538,494,00 Page 6 of 8 CORPORATE OFFICERS Harold W. Buchner - Graduate of Westchester Community College. President has worked in the construction industry for over thirty five years. Project Superintendent for the Daniel F. MacNamee & Co., Inc. for 17 years working in Dutchess, Westchester, and Putnam Counties. For the last ten years during his employment with MacNamee & Co., he ran the entire operation in the Dutchess County area. Handled all projects, bidding and supervised over 100 Foremen, Laborers, Teamsters and Operators. Started Sun Up Enterprises, Inc., in 1981 antl the company has grown steadily since then. At present ,Sun Up owns numerous pieces of equipment and at peak, employ over 100 people. Carole S. Buchner - Graduate of Green Mountain College, Poultney, Vermont. SecretarylTreasurer Has worked in the construction industry for over thirty years. Worked for the Daniel F. MacNamee & Co., Inc. for six years. Handled all paperwork generated from Field Office, kept all time records, handled all billings, telephone calls and radio communication to company vehicles. EEO Officer for four years on all state and municipal projects. Handling all necessary paperwork. At Sun Up she handles all billings, state and municipality paperwork, supervises all office personnel. Handles radio and telephone communication and many other duties. Page 7 of 8 EQUIPMENT LIST -ALL OWNED Truck Tractors 4 Dump Trailer - 30 Cubic Yard 3 50 Ton Lowbed 1 20 Ton Equipment Trailer 1 6 Wheel Dump Trucks 2 580 D Case Backhoe 1 580 Case Backhoe 4WD 8 10 Wheel Dump Trucks 6 10 Wheel Dump Trucks (Triaxle) 6 1550 JCB Backhoe 4 Wheel Drive 1 1700 JCB Backhoe 1 John Deere 410C Backhoe 1 780 Case Backhoe/Hydraulic Breaker 1 206 CAT. Excavator 1 215 CAT. Excavator 1 215C CAT. Excavator 1 318 CAT Excavator 1 320 CAT. Excavator 1 320 CAT Excavator/Hydraulic Breaker 1 322 CAT. Excavator 1 50 HX Massey Ferguson 1 595 John Deere Excavator 1 892 John Deere Excavator 2 410 C John Deere BH 1 D3 CAT Dozer 1 D4 CAT Dozer 1 D5 CAT Dozer 1 D6 CAT Dozer 1 D8K CAT Dozer without ripper 1 D8H CAT Dozer with ripper 1 PF120 Blaw Knox Paver 1 PF200 Blaw Knox Paver 1 Allen Auger Paver 1 Blaw Knox Wideners 3 CAT Loader 938E 1 Cat Roller 934C 1 Gallion One Ton Roller 1 Tampo 12 Ton Vibratory Roller 2 Hyster 10 Ton Roller 1 Dynapac Rollers 2 Bomag 12 Ton Vibratory Roller (Dirt) 2 Rosco 2 Ton Roller 1 Pickups 16 Walk Behind Rollers 4 18' Rack Truck 1 Asphalt Curb Machine 1 10,000/Lb. Fork Lift 1 4,000/Lb. Fork Lift 1 Page 8 of 8 EQUIPMENT LIST (CONTINUEDI Bantam Crane 1 W18 Case Loader 1 530 International Loader 2 540 International Loader ~ Bobcat 7428 Loader ~ Bobcat 763H Loader ~ Concrete Screed ~ Welding Truck ~ Closed Van/Rigging Tools ~ Laser 1 Pumps, Tampers, Chain Saws, Utility Saws and numerous pieces of small equipment.