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2.4 2.4 BIDS\AWARD Bid—Traffic Signal at Qhy School and Aviation Rd Intersection—8-21-17 RESOLUTION AUTHORIZING AWARD OF BID FOR TRAFFIC SIGNAL AT INTERSECTION OF AVIATION AND COTTAGE HILL ROADS RESOLUTION NO. , 2018 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 15,2017, the Queensbury Town Board authorized establishment of Traffic Signal Capital Project Fund 4215 providing for the installation and upgrading of Town traffic signals in the Town of Queensbury, and WHEREAS, by Resolution No.: 199,2018, the Queensbury Town Board authorized engagement of Barton & Loguidice, P.C. (B&L) for the provision of engineering services related to Phase Two of the overall Aviation Road/School Corridor traffic mitigation program developed in accordance with the Queensbury Union Free School District, Town of Queensbury and Adirondack/Glens Falls Transportation Council to design a traffic signal at the intersection of Aviation and Cottage Hill Roads, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bid documents and specifications, and WHEREAS, by Resolution No.: 338,2018, the Town Board authorized an advertisement for bids for the construction of a traffic signal at the intersection of Aviation and Cottage Hill Roads (Project) consistent with specifications prepared by B&L and/or the Town Purchasing Agent, and WHEREAS, on September 251h, 2018, the Town Purchasing Agent duly received and opened the one and only received bid, and WHEREAS, the Town Purchasing Agent and B&L have therefore recommended that the Town Board authorize the bid award for the Project to the only and therefore lowest, responsible bidder, Stilsing Electric, for an amount not to exceed $138,550, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for the construction of a traffic signal at the intersection of Aviation and Cottage Hill Roads (Project) from the only and therefore lowest, responsible bidder, Stilsing Electric, for an amount not to exceed $138,550, to be paid for from Capital Project Fund 4215, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that such funding for such Capital Project shall be by a transfer of $138,550 from the General Fund Unappropriated Fund Balance to Capital Project Fund 4215, and BE IT FURTHER, RESOLVED that the Town Board further authorizes and directs the Town Budget Officer to take all action necessary to increase the following appropriations and revenues as necessary: • 001-9950-9030 Transfer to Capital Project - $138,550 • 215-0000-55031 Interfund Revenue - $138,550 • 215-3310-2899 Capital Construction - $138,550; and BE IT FURTHER, 2 RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to increase such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary documentation, including any needed Agreement between the Town and Stilsing Electric in form acceptable to the Town Supervisor, Town Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Highway Superintendent, Town Budget Officer, Purchasing Agent and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this I" day of October, 2018, by the following vote: AYES NOES ABSENT: 3 SECTION 00370 BID AVIATION ROAD/COTTAGE HILL ROAD TRAFFIC SIGNAL TO THE TOWN OF OUEENSBURY: Pursuant to and in compliance with your Advertisement for Bids and the Information for Bidders relating thereto,the undersigned hereby offers to furnish all plant, labor, materials, supplies, equipment and other facilities and things necessary or proper for, or incidental to,the construction and completion of the Aviation Road/Cottage Hill Road Traffic Signal project required by and in strict accordance with the applicable provisions of all Contract Documents for the following lump sum price: BID: �i�.,�lku�ice.� �r�t�`7o[(a.cs +- a / 3�" 5S0 • O b Dollars Cents (Price Written in Words) (Price Written in Figures) The signer of this Proposal as Bidder declares that the only person,persons, company or parties interested in the proposal are named in this Proposal;that the Bid is made without any connection with any person making another Bid for the same Contract;that the Bid is in all respects fair and without collusion or fraud;that no officer,agent or employee of the Owner is directly or indirectly interested in the Bid; and that he has carefully examined the annexed form of Contract and Contract Documents. In accordance with Section 139-d of the State Finance Law, Section 103-d of the General Municipal Law, or Section 2878 of the Public Authorities Law,the Bidder further certifies that: (a)the Bid has been arrived at by the Bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for Bids; and(b)the contents of the Bid have not been communicated by the Bidder nor,to its best knowledge and belief, by any of its employees or agents,to any person not an employee or agent of the Bidder or its surety on any bond furnished herewith prior to the official opening of the Bid. Section 620 of the Penal Law makes violation of this statute a crime punishable as perjury. If written notice of the acceptance of this Bid is mailed,telegraphed or delivered to the undersigned within forty-five(45) days after the date of opening of the Bids,or any time thereafter before this Bid is withdrawn,the undersigned will,within five(5)days after the date of such mailing,telegraphing, or delivering of such notice, execute and deliver a contract in the form of Contract attached hereto. 9.18 00370-1 686.018 SECTION 00370 BID AVIATION ROAD/COTTAGE HILL ROAD TRAFFIC SIGNAL The undersigned hereby designates as his office to which such notice of acceptance may be mailed, telegraphed or delivered: 15+z(!5'^ - ew.a: ks�-��s��, �f��s�.� eti `; co 0 The undersigned further agrees to comply with the requirements as to conditions of employment,wage rates and hours of labor set forth in the Contract Documents. This bid may be withdrawn at any time prior to the scheduled time for the opening of bids or any authorized postponement thereof. Accompanying this Bid, is a Bid security in the form of a or a bid bond* for the sum of 5 70 ($ )Dollars. In case this Bid is accepted by the Owner,and the undersigned shall fail to execute a contract with and give the required bonds to the Owner within five(5) days after the date of a written notice by the Owner to the undersigned so to do,this Bid security shall be forfeited and will be retained by the Owner as liquidated damages. Dated S4=p- - 20 **S ; 6-, ,q 41ed ;c - DS C�uJ b �LOTk ` Signature of Bidder Print Name of Signer of Bid ka-[41 p e,-► Z-�-� l ci;rt�t Address 5 o 0 130 * Cross out designations not applicable. ** Insert bidder's name; if a corporation, give the state of incorporation using the phrase "a corporation organized under the law of'; if a partnership,give the name of the partners, using also the phrase"co-partners trading and doing business under the firm name and style of'; if an individual using a trade name, give individual name,using also the phrase "an individual doing business under the firm name and style of'. END OF SECTION 9.18 00370-2 686.018 SECTION 00373 IRANIAN ENERGY SECTOR DIVESTMENT CERTIFICATION 1. Contractor/proposer hereby represents that said contractor/proposer is in compliance with New York State General Municipal Law Section 103-g entitled"Iranian Energy Sector Divestment",in that said contractor/proposer has not: a) Provided goods or services of$20 million or more in the energy sector of Iran including but not limited to the provision of oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran; or b) Acted as a financial institution and extended$20 million or more in credit to another person for forty-five(45)days or more,if that person's intent was to use the credit to provide goods or services in the energy sector in Iran. 2. Any contractor/proposer who has undertaken any of the above and is identified on a list created pursuant to Section 165-a(3) (b)of the New York State Finance Law as a person engaging in investment activities in Iran, shall not be deemed a responsible bidder pursuant to Section 103 of the New York State General Municipal Law. 3. Except as otherwise specifically provided herein, every contractor/proposer submitting a bid/proposal in response to this request for bids/request for proposals must certify and affirm the following under penalties of perjury: a) `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 its knowledge and belief,that each bidder is not on the list created pursuant to NYS Finance Law Section 165-a(3)(b)." The Town will accept this statement electronically in accordance with the provisions of Section 103 of the General Municipal Law. 4. Except as otherwise specifically provided herein,any bid/proposal that is submitted without having complied with subdivision(a)above,shall not be considered for award. In any case where the bidder/proposer cannot make the certification as set forth in subdivision(a)above,the bidder/proposer shall so state and shall furnish with the bid a signed statement setting forth in detail the reasons therefore. The Town reserves its rights, in accordance with General Municipal Law Section 103-g to award the bid/proposal to any bidder/proposer who cannot make the certification, on a case-by-case basis under the following circumstances: 4.16 00373-1 SECTION 00373 IRANIAN ENERGY SECTOR DIVESTMENT CERTIFICATION a) The investment activities in Iran were made before April 12,2012,the investment activities in Iran have not been expanded or renewed.after April 12,2012 and the bidder/proposer has adopted,publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or b) The Town has made a determination that the goods or services are necessary for the Town to perform its functions and that,absent such an exemption,the Town would be unable to obtain the goods or services for which the bid/proposal is offered. Such determination shall be made by the Town in writing and shall be a public document, 16AL1. �rrLS"C+.e"n. Signature r Title Ac- Company Name Date State of ew v. k SS: Town of On this oZ6- day of .APT;20 lr,,before me personally came and appeared agg.A 5L to me known and known to me to be the person described in and who exed4ted the foregoing instrument and acknowledged that he executed the same; 1:tF o BUSY MMCCOC R NE RegisbaGon 401CO6294518 t �- norur Oualilied in Albany County `w�`" •` My Commission Expires ` "•5� December23.202� END OF SECTION 4.16 00373-2 SECTION 00480 NON-COLLUSIVE BIDDING CERTIFICATION (a) 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 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. (b) A bid shall not be considered for award nor shall any award be made where(a) 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(a) 1.,2.,and 3.,above have not been complied with the bid shall not be considered for award nor shall any award to 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. (c) The fact that a bidder(a)has published price lists,rates,or tariffs covering items being procured,(b)has informed prospective customers of proposed or pending publication of new or revised price lists for such items,or(c)has sold the same items to other customers at the same prices being bid,does not constitute, without more,a disclosure within the meaning of paragraph(a)of this certification. (d) 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 the 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. FIRM: ✓� �Q C�t"��C G. By: Title: � 12S (CORPORATE SEAL IF ANY) END OF SECTION 9.18 00480-1 686.018 September 18,2018 686.018.001 BARTON&LOGUIDICE,D.P.C. ADDENDUM NO. 1 TO CONTRACT DOCUMENTS FOR AVIATION ROAD/COTTAGE HILL ROAD TRAFFIC SIGNAL TOWN OF QUEENSBURY WARREN COUNTY,NEW YORK TO ALL HOLDERS OF THE CONTRACT DOCUMENTS: This Addendum is part of the Contract Documents in accordance with the Information for Bidders-Pan 00100.08 1. Clarification/Additional Information of the Contract Documents: a. Bids Due: Tuesday,September 25.2018 at 2:00 pm b. Clarification period has closed. This is the final addendum to be issued for the project. 2. Reference:Contract Documents—Section 00301 Bidders Checklist REMOVE BIDDERS CHECKLIST,Page 00301-1 and REPLACE with revised BIDDERS CHECKLIST,Page 00301-1 that includes IRANIAN ENERGY SECTOR DIVESTMENT CERTIFICATION,Pages 00373-I to 2:Requires Bidders signature checkbox. 3. Reference:Contract Documents—Section 00373 Bidders Checklist ADD IRANIAN ENERGY SECTOR DIVESTMENT CERTIFICATION,Pages 00373-1 to 2:Requires Bidders signature. B T N 8 LOGUIDICE,D.P.C. R ipzner,P.E. Vice President Company Narrd of Contract Docu ent Holder Signature 0knowledgment of Contract Document Holder Date RETURN WITH SIGNATURE ACKNOWLEDGEMENT, ATTENTION:TAMMY M.SAVINO BY FACSIMILE:518-218-1805 OR E-MAIL:tsavino0bartonandloguidice-com Addendum 9 1 Page I Bid Bond AIA TM Document A310 - 2010 CONTRACTOR: Name, legal status and address) Bond#ST110-20-18-1 STILSING ELECTRIC INC. 500 South Street P.O.Box 27 SURETY: Rensselaer,NY 12144 (Name, legal status and principal This document has important legal place of business) consequences.Consultation with an attomey Is encouraged with WESTERN SURETY COMPANY respect to Its completion or 151 N Franklin Street modification. Chicago,IL 60606 OWNER: Any singular reference to (Name, legal status and address) Contractor,Surety,Owner or other party shall be considered Town Of Queensbury plural where applicable. 742 Bay Road Queensbury,NY 12804 BOND AMOUNT:Five Percent(5.00%)of the Amount Bid PROJECT:Aviation Road,Cottage Hill Road Traffic Signal (Maine, location or address, and Project number, if any) The Contractor and Surety are bound to the Owner in the amount set forth above,for 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 Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(I) enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner 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 good 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 extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)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 term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 201h day of September,2018 -�-�_r�� /] !Rg�� rd��'""" �C�f�^-�— (Seal) (Witn ) A Kathleen i alsing,President WESTERN SURETY C21TIANY �.( ) � (Seal) (Witness) l -� Renee A.Manny,Attorney-in-fact CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured lnikAIA Document A310Tu—2010.Copyright 01963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document. or arry portion of it,may result in severe civil and criminal penalties, and rill be prosecuted to the maximum extent possible under the lac;. Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyrightCla aia.org. 061110 STATE OF NEW YORK ) COUNTY OF RENSSELAER) Bond No . STIL9-2 0-18-1 C On this 20th day of September, 2018 before me personally came 0 Kathleen Stilsing to me known, being sworn R by me, did depose and say that he/she resides in Albany, NY P that he/she is the President Of STILSING ELECTRIC INC. 0 the corporation described in and which R executed the above instrument; that he/she knows the said seal of such A corporation; that the seal affixed to said instrument is such corporate T seal; and that it was so affixed by the order of the Board of Directors of I said corporation, and that he/she signed his/her name Kereto by 1 'ke order. 0 N Sworn to and acknowledged on the above date, l.,Jt, ENNIF= S.VANAT Public tate of New York STATE OF NEW YORK ) Qualified in Columbia County COUNTY OF RENSSELAER) Reg#01VA6135808 Commission Expires Oct.24,20 I S On this 20th day of September, 2018 before me personally came U Renee A. Manny to me known who resides in Rensselaer, NY R and duly sworn and says that he/she is the Attorney-in-fact of E the WESTERN SURETY COMPANY T and knows the corporate seal and that it was affixed thereto by order of the Y Board of Directors by Power of Attorney of said Company; of which a certified copy is attached; and that he/she signed said instrument as an Attorney-in-Fact of said Company by like authority. Sworn to and acknowledged on the above date, JEN I-ER S.VANAT otary Put ic,State of New York Qualified in Columbia County I STATE OF NEW YORK ) Reg#01VA6135808 N COUNTY OF ) Commission Expires Oct.24,2011?1( D I On this day of 20 before me personally came V to me known and known to me to be I the person described in and who executed the foregoing instrument and D he thereupon acknowledged to me that he executed the same. U A Sworn to and acknowledged on the above date, L Western SuretyCompany POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Arnold E Finaldi Jr,David W Cooper, Mark C Nickel, Charles R Daniels I11,John C Tickner, Kevin J Garrity, Christopher Terzian, Stephen J Donnelly, Audrey J Danielson, Vikki L LaVean, Lori A Francett, Renee A Manny, John F Murray Jr, Milton H Kotin, Derek P Hannon,Diane M Peligian,Mary Dixon,Tanya M Volk,Jennifer Susan Vanat,Individually of East Greenbush,NY,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 23rd day of February,2018. WESTERN SURETY COMPANY ?W_4 t�rDz -3i •Y- aul T.Bruflat,Vice President State of South Dakota County of Minnehaha SS On this 23rd day of February,2018,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires : J.MOHR June 23,2021 cuwTA c nornm �SWiHOAKauc StlJ.I J.Mohr,Notary Public CERTIFICATE, I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 2 0 th day of September 2018 , SuaEr}�, WESTERN SURETY COMPANY =yt4�� ATf^i D' `.ydG•. cy 1I,Iu:tl:N" L.Nelson,Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary,Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President,any Vice President, Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. WESTERN SURETY COMPANY Sioux Falls,South Dakota Statement of Net Admitted Assets and Liabilities December 31,2017 ASSETS Bonds S 1,895,156,151 Stocks 28,408,086 Cash,cash equivalents,and short-term investments 24,679,133 Receivables for securities 7,500,016 Investment income due and accrued 22,426,771 Premiums and considerations 37,932,713 Amounts recoverable from reinsurers 1,562,035 Current federal and foreign income taxes recoverable from CNA Financial Corporation 3,481,084 Net deferred tax asset 10,688,834 Receivable from parent, subsidiaries, and affiliates 11,647,470 Other assets 10,215 Total Assets S 2,043,492,508 LIABILITIES AND SURPLUS Losses S 201,046,845 Loss adjustment expense 57,918,199 Commissions payable,contingent commissions and other similar charges 10,047,343 Other expenses(excluding taxes, license and fees) 943,877 Taxes,License and fees (excluding federal and foreign income taxes) 3,447,669 Unearned premiums 223,752,269 Advance premiums 5,436,181 Ceded reinsurance premiums payable 1,720,726 Amounts withheld or retained by company for account of others 7,338,456 Provision for reinsurance 239,534 Payable to parent,subsidiaries and affiliates 12,934 Payable on security transations 4,000,000 Other liabilities 367,837 Total Liabilities S 516,271,870 Surplus Account: Common stock S 4,000,000 Gross paid in and contributed surplus 280,071,837 Unassigned funds 1,243,148,801 Surplus as regards policyholders S 1,527,220,637 Total Liabilities and Capital S 10 33,4 22,508 I, Troy Wra};;=Assistant Vice President of Western Surety Company hereby certify that the above is an accurate.repiesentation of the financial statement of the Company dated December 31, 2017, as filed witi,41' iartous:I surance Departments and is a true and correct statement of the condition of Western Surety_C_ompalry as of that date. Western Surety Company By - Assistant Vice Pr ent Subscribed and sworn to me this 8th day of March _,2018. My commission expires: YOL ANDA JIMENIEZ OFFICIAL SEAL NaI ub9c,Staco of lllinais _.... _ t� Mmmission Expires Not, ,P llc tember 24.2021 SECTION 00481 STATEMENT OF SURETY'S INTENT To: Town of Queensbury We have reviewed the Bid of Stilsing Electric, Inc. (Contractor) of 500 South Street, Rensselaer NY 12144 (Address) for Aviation Road, Cottage Hill Road Traffic Signal (Project) Bids for which will be received on September 25th,2018 (Bid Opening Date) and wish to advise that should this Bid of the Contractor be accepted and the Contract awarded to him, it is our present intention to become surety on the Performance Bond and Labor and Materials Payment Bond required by the Contract. Any arrangement for the bonds required by the Contract is a matter between the Contractor and ourselves, and we assume no liability to you or third parties if for any reason we do not execute the requisite bonds. We are duly authorized to transact business in the State of New York,and we appear on the U.S.Treasury Department's most current Iist(Circular 570 as amended). Atte :�i '�`, p / V V Western Surety Company Surety's Authorized Signature(s) Attach Power of Attorney Renee A. Manny,Attorney-in-Fact (Corporate seal if any. If no seal, write "No Seal" across this place and sign.) END OF SECTION 7.07 00481-1 Western SuretyCompany POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a.South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Arnold E Finaldi Jr, David W Cooper,Mark C Nickel, Charles R Daniels III,John C Tickner, Kevin J Garrity, Christopher Terzian, Stephen J Donnelly, Audrey J Danielson, Vikki L LaVean, Lori A Francett, Renee A Manny, John F Murray Jr, Milton H Kotin, Derek P Hannon,Diane M Peligian,Mary Dixon,Tanya M Volk,Jennifer Susan Vanat,Individually of East Greenbush,NY,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 23rd day of February,2018. aS�RETy°•.,, WESTERN SURETY COMPANY = i2_ ?;s kSep�•,i' -�sour µo1P` ZPaul T.Bruflat,Vice President State of South Dakota l Jr County of Minnehaha ss On this 23rd day of February,2018,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that be knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires i J.MOHR Nornxrvuauc June 23,2021 soumor OTA srri see L J.Mohr,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 2 0 th day of September 2018 : 5""ETr�o WESTERN SURETY COMPANY _y:4Q Jam;y: L.Nelson,Assistant Secretary Form F4290-7-2012 Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President,or by such other officers as the'Board of Directors may authorize. The President, any Vice President,Secretary, any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies, undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. Lanon ogtq&ce September 25,2018 Mr.John Strough,Town Supervisor 742 Bay Road Queensbury, NY 12804 Re: Bid Results and Award Recommendation Subj: Aviation Road and Cottage Hill Road Traffic Signal File: 686.018.001 Dear Mr.Strough: The purpose of this letter is to provide you with a summary of the Bids received on September 25,2018 at 2:00 PM,for the above referenced project and make a recommendation for award. The following RECORD OF BIDS has been tabulated for the above referenced contracts. CONTRACTOR BID AMOUNT Stilsing Electric, Inc. $ 138,550.00 The bid was accompanied with all of the required bid forms including bid pages,Iranian energy sector divestment certification, non-collusive bidding certification,statement of surety's intent, addendum#1, and 5%bid security. Although only one bid was received,it was publically advertised in the Post-Star and through four local construction services plan holder rooms. The bid is a competitive cost and is below the engineer's estimate of$150,000. Concerning the qualification and experience of Stilsing Electric, Inc.,they are very familiar with the NYSDOT specifications utilized on this project,they are familiar with doing work in the Town of Queensbury,they are familiar with completing work designed by B&L,and they have completed numerous similar projects within the past ten years. The type of work proposed under this project is consistent with the work normally procured by Stilsing Electric, Inc.and we consider this firm qualified for this type and size of project. We recommend that the Town of Queensbury award the Aviation Road and Cottage Hill Road Traffic Signal project to Stilsing Electric, Inc. Sincerely, BARTON & LOGUIDICE, D.P.C. i Daniel J. Rourke, P.E., PTOE Managing Engineer DJR/ The e_xWdence to listen. dfix �Iv 10 Airline Drive•Suite 200•Albany,New York 12205 The����r[o solve. Telephone:518-218-1801•Facsimile:518-218-1805•www3artonandLoguidice.com