PROJECT MANUAL

FOR

QUEENSBURY – WEST END PARK

IMPROVEMENTS

GENERAL CONSTRUCTION

BIDDING DOCUMENTS AND TECHNICAL SPECIFICATIONS

PREPARED FOR:

Jennifer Baertschi-France, Director of Parks & Recreation Town of Queensbury 742 Bay Road Queensbury, N.Y. 12804

PREPARED BY:

LABELLA ASSOCIATES, DPC

4 British American Blvd.

Latham, N.Y. 12110

PROJECT NUMBER 2241454

DATE: JULY 31, 2026

jfarrell Image

000110-1 TABLE OF CONTENTS

PROJECT MANUAL

TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

INTRODUCTORY INFORMATION

Section 000101 Title Page (Cover) 000110 Table Of Contents

SOLICIATION

Section 001116 Invitation To Bid

INSTRUCTIONS FOR PROCUREMENT

Section 002113 Instruction To Bidders

PROCUREMENT FORMS AND SUPPLEMENTS

Section 004113 Lump Sum Bid Form – Contract 1 – General Construction 004114 Bid Bond Penal Sum Form (EJCDC C-430) 004336 Proposed Subcontractor’s Form 004513 Bidder’s Qualification Statement 004519 Non-Collusive Affidavit 004900 Hold Harmless Agreement

CONTRACTING FORMS AND SUPPLEMENTS

Section 005100 Notice Of Award (EJCDC C-510) 005200 Agreement – Contract 1 – General Construction 005500 Notice To Proceed (EJCDC C-550)

PROJECT FORMS

Section 006113.13 Performance Bond (EJCDC C-610)

006113.16 Payment Bond (EJCDC C-615)

006276 Application For Payment (EJCDC C-620) 006516 Certificate Of Substantial Completion (EJCDC C-625)

CONDITIONS OF THE CONTRACT

Section 007200 Standard General Conditions 007300 Supplementary Conditions – Modifications To General

Conditions 007310 Supplementary Conditions – Additional Articles file://chazencompanies.com/Unedited%20Vendor%20Specifications/EJCDC%20Documents/Construction%20Documents/C-510%20Notice%20of%20Award.doc file://chazencompanies.com/Unedited%20Vendor%20Specifications/EJCDC%20Documents/Construction%20Documents/C-550%20Notice%20to%20Proceed.doc file://chazencompanies.com/Unedited%20Vendor%20Specifications/EJCDC%20Documents/Construction%20Documents/C-620%20Contr%20appl%20for%20Payment.doc file://chazencompanies.com/Unedited%20Vendor%20Specifications/EJCDC%20Documents/Construction%20Documents/C-625%20Cert%20of%20Substantial%20Completion.doc

000110-2 TABLE OF CONTENTS

SPECIFICATIONS GROUP

GENERAL REQUIREMENTS SUBGROUP

DIVISION 01 – GENERAL REQUIREMENTS

SUMMARY

Section 011100 Summary 011400 Work Restrictions

PRICE AND PAYMENT PROCEDURES

Section 012600 Contract Modification Procedures

012639 Field Order (EJCDC C-942) 012649 Work Change Directive (EJCDC C-940) 012663 Change Order (EJCDC C-941)

012900 Payment Procedures

ADMINISTRATIVE REQUIREMENTS

Section 013100 Project Management And Coordination 013200 Construction Progress Documentation 013300 Submittal Procedures

Form Sample Submittal Transmittal Cover

QUALITY REQUIREMENTS

Section 014000 Quality Requirements 014200 References 014529 Testing Laboratory Services

TEMPORARY FACILITIES AND CONTROLS

Section 015000 Temporary Facilities And Controls 015526 Traffic Control

PRODUCT REQUIREMENTS

Section 016000 Product Requirements

EXECUTION AND CLOSEOUT REQUIREMENTS

Section 017000 Execution Requirements 017123 Field Engineering 017329 Cutting And Patching 017700 Closeout Procedures 017839 Project Record Documentation

DIVISION 02 – EXISTING CONDITIONS

Section 024113 Selective Demolition

DIVISION 31 – EARTHWORK

Section 310000 Earthwork 311000 Site Clearing 312513 Erosion And Sediment Control

DIVISION 32 – EXTERIOR IMPROVMENTS

Section 321226 Court Surfacing 321243 Poured In Place Rubber Play Surfacing file://chazencompanies.com/Unedited%20Vendor%20Specifications/EJCDC%20Documents/Construction%20Documents/C-942%20Field%20Order.doc file://chazencompanies.com/Unedited%20Vendor%20Specifications/EJCDC%20Documents/Construction%20Documents/C-940%20Work%20Change%20Directive.doc file://chazencompanies.com/Unedited%20Vendor%20Specifications/EJCDC%20Documents/Construction%20Documents/C-941%20Change%20Order.doc

000110-3 TABLE OF CONTENTS

321313 Concrete Paving 321373 Concrete Paving Joint Sealants 323113 Chain Link Fence 329120 Topsoil 329219 Seeding 329300 Plants

END OF TABLE OF CONTENTS

001116-1 INVITATION TO BID

SECTION 001116

INVITATION TO BID

A Sealed bid for the:

WEST END PARK IMPROVEMENTS

will be received at the following address:

742 BAY ROAD, TOWN OF QUEENSBURY, NY 12804

until 1:00 PM local time on Tuesday, August 25th, 2026, and then at said office publicly opened and read aloud.

The Project generally consists of the following work:

• Play area improvements consisting of a new poured-in-place safety surfacing and appropriate sub-base, a 4’ tall black chain link fence with two (2) gates, asphalt walkway, 20’ x 32’ concrete pad (pavilion provided by others), 14’ x 20' concrete pad (portable bathroom area). Project has

3 alternate bids for asphalt pathway, sport court resurfacing and play area expansion with new equipment.

This work will be awarded as one (1) single prime contract.

The Bid will be received on a lump sum basis with alternates, if included on the Bid Form.

Work shall be substantially completed by October 30th, 2026, from the issuance of the Notice to

Proceed. Final restoration shall be completed and the project ready for final inspection by

November 13th, 2026. Final payment shall be issued by December 8th, 2026.

The Bid should not include sales and compensating use taxes on materials incorporated into the work.

If the Bid is actually received by mail or by hand after the appointed time on the date specified it shall be rejected, notwithstanding that such Bid may have been placed in a mail box or other mail receptacle regularly maintained by the United States Postal Service before such time, and ordinarily in sufficient time to have been delivered on time.

Bid security in the amount of 5% of the Bid must accompany the Bid in accordance with the

Instruction to Bidders.

The successful Bidder will be required to furnish a performance bond and a payment bond, each in an amount equal to 100% of the contract price.

Bidders will also be required to furnish a Non-Collusive Affidavit.

001116-2 INVITATION TO BID

Drawings and Specifications may be requested at the following locations:

LaBella Associates, DPC

4 British American Blvd.

Latham, NY 12110

Tel: (518) 273-0055

Contact: Dannielle Carr (518) 266-7374

Email: dcarr@labellapc.com

Eastern Contractors Association Dodge Data & Analytics

6 Airline Drive Tel: (518) 273-0055

Albany, NY 12205 https://www.construction.com https://www.ecainc.org/

The bidding and contract documents for this Project will be available as electronic files in pdf format only. Electronic file copies of the documents may be obtained from LaBella Associates transmitted by email at no charge.

Note that only bidders who request sets from and are registered with LaBella Associates, DPC will receive notification of Addenda.

This project is publicly funded. The Bidders must comply with New York State Department of Labor

Prevailing Wage Rate Schedule and conditions of employment.

Bidders must complete a Certificate of Compliance with the Iran Divestment Act

Attention of Bidders is particularly called to the requirements for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin.

THE TOWN OF QUEENSBURY, as Owner, reserves the right to waive any informalities or irregularities in the Bid received, or to reject any Bid without explanation.

By Order of: THE TOWN OF QUEENSBURY

END OF SECTION - 001116

https://www.ecainc.org/

CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

As a result of the Iran Divestment Act of 2012 (the "Act"), Chapter 1 of the 2012 Laws of New York, a new provision has been added to State Finance Law (SFL) § 165-a and New York General Municipal Law§ 103-g, both effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will be developing a list of "persons" who are engaged in "investment activities in Iran" (both are defined terms in the law) (the "Prohibited Entities List"). Pursuant to SFL § 165-a(3)(b), the initial list is expected to be issued no later than 120 days after the Act's effective date at which time it will be posted on the OGS website.

By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, each Bidder/Contractor, any person signing on behalf of any Bidder/Contractor and any assignee or subcontractor and, in the case of a joint bid, each party thereto, certifies, under penalty of perjury, that once the Prohibited Entities List is posted on the OGS website, that to the best of its knowledge and belief, that each Bidder/Contractor and any subcontractor or assignee is not identified on the Prohibited Entities List created pursuant to SFL § 165-a(3)(b)

Additionally, Bidder/Contractor is advised that once the Prohibited Entities List is posted on the OGS Website, any Bidder/Contractor seeking to renew or extend a Contract or assume the responsibility of a Contract awarded in response to this solicitation must certify at the time the Contract is renewed, extended or assigned that it is not included on the Prohibited Entities List.

During the term of the Contract, should the Town receive information that a Bidder/Contractor is in violation of the above-referenced certification, the Town will offer the person or entity an opportunity to respond. If the person or entity fails to demonstrate that he/she/it has ceased engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then the Town shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages or declaring the Bidder/Contractor in default.

The Town reserves the right to reject any bid or request for assignment for a Bidder/Contractor that appears on the Prohibited Entities List prior to the award of a contract and to pursue a responsibility review with respect to any Bidder/Contractor that is awarded a contract and subsequently appears on the Prohibited Entities List.

I, ___________________ , being duly sworn, deposes and says that he/she is the ________________ o f t h e ______ _____ Corporation.

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 paragraph (b) of subdivision 3 of§ 165-a of the State Finance Law.

SWORN to before me this day of 20

Notary Public: __________ _

SIGNED

002113-1 INSTRUCTION TO BIDDERS

SECTION 002113

INSTRUCTIONS TO BIDDER

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

Article 5— Examination of Contract Documents and Site

Article 6— Availability of Lands for Work, etc

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Liquidated Damages

Article 11— Substitute and "Or-Equal" Items

Article 12— Subcontractors, Suppliers and Others

Article 13— Bid Form

Article 14— SUBMITTAL of Bids

Article 15— Modification and Withdrawal of Bids

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Disqualification

Article 21— Signing of Agreement

Article 22— Sales and Use Taxes

Article 23— Retainage

Article 24— Wicks Exempt

002113-2 INSTRUCTION TO BIDDERS

ARTICLE 1—DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Bidder - one who submits a Bid directly to Owner as distinct from a sub-bidder, who submits a bid to a Bidder.

B. Issuing Office - the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

C. Successful Bidder - the lowest, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.03 Bidder may register as a plan holder and obtain complete sets of Bidding Documents, in the number and format stated in the Advertisement or invitation to bid, from the Issuing Office. Bidders may rely that sets of Bidding Documents obtained from the Issuing Office are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.

2.04 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader Version or later. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee

002113-3 INSTRUCTION TO BIDDERS

that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.04.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

C. Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. The deposit, if any may be refunded as stated in the Invitation to Bid.

2.05 Each bidder will be provided with one copy of the Bid Documents on USB. Additional copies of the Bidding Documents on USB may be obtained by LaBella Associates for $15 per additional copy. The Bidder shall also pay for all associated shipping fees for copies requested to be mailed.

2.06 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.07 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five (5) days after Bid Opening upon Owner’s request detailed written evidence such as financial data, previous experience, present commitments and other such data as may be called for below (or in the Supplementary Instructions). Some or all of this data may be requested as part of the Bid by inclusion of a Bidder’s Qualification Statement in the Bid Forms that must be completed by all Bidders. Each bid must contain evidence of Bidder’s qualification to do business in the state where project is located or covenant to obtain such qualification prior to award of the contract.

ARTICLE 4—PRE-BID CONFERENCE

4.01 A pre-bid conference will not be conducted for this project, Park is open for inspection.

ARTICLE 5—EXAMINATION OF CONTRACT DOCUMENTS AND SITE

5.01 It is the responsibility of each Bidder before submitting a Bid:

A. To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including “technical data” referred to below);

002113-4 INSTRUCTION TO BIDDERS

1. None

B. To visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work;

C. To consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work;

D. To study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data, and;

E. To promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents.

5.02 Reference is made to the Supplementary Conditions for identification of:

A. Those reports of explorations and tests of subsurface conditions at the site or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the “technical data” contained in such reports, but not upon other data, interpretations, opinions or information contained in such reports or otherwise relating to the subsurface conditions at the site, or upon the completeness thereof for the purposes of bidding or construction.

B. Those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data" contained in such drawings, but not upon other data, interpretations, opinions or information shown or indicated in such drawings or otherwise relating to such structures, or upon the completeness thereof for the purposes of bidding or construction.

Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 5.03 of the General Conditions has been identified and established in Paragraph SC-5.03 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any “technical data” or any such data, interpretations, opinions or information.

5.03 Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions.

5.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated conditions appear in Paragraphs 5.04 and 5.05 of the General Conditions.

5.05 Before submitting a Bid each Bidder will be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, 002113-5 INSTRUCTION TO BIDDERS subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

5.06 If required by the Contract Documents, the Owner will provide each Bidder with access to the site to conduct such examinations, investigations, explorations, tests and studies necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies.

5.07 Each bidder must inform themselves of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of their obligation to furnish all material and labor necessary to carry out the provisions of their contract.

Insofar as possible the contractor, in carrying out the Work, must employ such methods or means as will not cause any interruption of or interference with the Work of any other contractor.

5.08 At the time of the opening of Bids each Bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and Contract Documents (including all Addenda). The failure or omission of any Bidder to examine any form, instrument or document shall in no way relieve any Bidder from any obligation in respect of his/her bid.

5.09 The Contractor agrees that before making a Contractor’s proposal the Contractor carefully examines the Contract Documents, together with the site of the proposed Work, as well as its surrounding territory, and 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, including the existence of wire, pipes, and other facilities and structures of municipal and other public service corporations on, over and under the site, and that this information was secured by personal investigation and research and not from estimates or records of the Owner, and that he will make no claim against the Owner by reason of estimates, tests, or representations of any officer or agent of the Owner.

5.10 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by Engineer is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 6—AVAILABILITY OF LANDS FOR WORK, ETC

6.01 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or changes

002113-6 INSTRUCTION TO BIDDERS

in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.

ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents.

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing. Contact information and submittal procedures for such questions are as follows:

A. LaBella Associates, DPC, located at 4 British American Drive, Latham, NY 12110. All RFI’S and submittals will be submitted via Email at dcarr@labellapc.com

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than ten

(10) days prior to the date for opening of Bids may not be answered.

7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents.

ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five percent (5%) percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released.

If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

002113-7 INSTRUCTION TO BIDDERS

or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within 7 days after the Bid opening.

ARTICLE 9—CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.

ARTICLE 10—LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 11—SUBSTITUTE AND "OR-EQUAL" ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

11.02 During the bid period:

The materials and equipment described in the Bidding documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. No substitution will be considered unless written request for approval has been submitted by the Bidder and has been received by Engineer/Architect at least fifteen (15) days prior to the date for receipt of Bids. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth changes in other materials, equipment or Work that incorporation of the substitute would require shall be included. The burden of proof of the merit of the proposed substitute is upon the Bidder. The Engineer/Architect’s decision of approval or disapproval of a proposed substitution shall be final. If Engineer/Architect approves any proposed substitution, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approval made in any other manner.

11.03 After Contact award:

The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items.

Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-

002113-8 INSTRUCTION TO BIDDERS

equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in Paragraphs 7.04 of the General Conditions and may be supplemented in the General Requirements.

11.04 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 12—SUBCONTRACTORS, SUPPLIERS AND OTHERS

12.01 Subcontracting of work to a maximum of fifty percent (50%) of the total contract amount is permissible under this contract.

12.02 If the work to be subcontracted requires licensing, evidence of proper licensing must be submitted with the request for approval. All subcontractors must submit proof of insurance. (Contractor's bodily injury, Contractor's property damage liability insurance, including blasting insurance and Workmen's Compensation Insurance) in the same amounts required under the Contractor's Agreement with the Owner.

12.03 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers and other persons and organizations to be submitted to Owner in advance of the Notice of Award, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the Bid opening submit to Owner a list of all Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the Work for which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by Owner. If Owner or Engineer/Architect after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, either may before the Notice of Award is given request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price.

12.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractor, Supplier, and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom Owner or Engineer does not make written objection prior to giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 7.06, of the General Conditions.

12.05 In contracts where the Contract Price is on the basis of Unit Price, the apparent Successful Bidder, prior to the Notice of Award, shall identify in writing to Owner those portions of the Work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract portions of the Work with Owner’s written consent.

002113-9 INSTRUCTION TO BIDDERS

12.06 Some or all of such identification of subcontractors and material and equipment suppliers may be requested as part of the Bid by inclusion of an appropriate form(s) in the Bid Forms that must be completed by all Bidders.

12.07 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom the Contractor has reasonable objection.

ARTICLE 13—BID FORM

13.01 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the Issuing Office).

13.02 All blanks on the Bid Form must be completed by printing in black ink or by typewriter. Where space has been provided, the Bid price(s) on the form must be stated in words and numerals; in case of a conflict, words will take precedence. Any quantities shown for unit price items are only an estimate and are in no way guaranteed as final quantities.

13.03 Bids by corporations must be executed in the corporate name by the president or a secretary and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

13.04 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official business address of the partnership must be shown below the signature.

13.05 Bids by LLCs are to be signed by managing member/operating manager. All names must be typed or printed in black ink below the signature.

13.06 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

13.07 The business address and telephone number for communications regarding the Bid must be shown.

13.08 Evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided. State contractor license number, if any, must also be shown.

ARTICLE 14—SUBMITTAL OF BIDS

14.01 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and must be enclosed in a plainly marked package with the Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the Advertisement.

14.02 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

002113-10 INSTRUCTION TO BIDDERS

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BIDS

15.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids.

15.03 If within seventy-two (72) hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.

ARTICLE 16—OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE.

17.01 All Bids will remain subject to acceptance for forty-five (45) days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date.

ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, non-responsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

18.02 In evaluating Bids, Owner will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternatives, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. It is the Owners intent to accept alternates (if any are accepted) in the order in which they are listed in the Bid Form, but Owner may accept them in any order or combination. If unit- priced alternatives are accepted by Owner

002113-11 INSTRUCTION TO BIDDERS

the Contract will be awarded on the basis of the Bid with substitutions of affected payment items, estimated quantities, unit prices, and total prices included on the Bid Form.

18.03 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

18.04 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner’s satisfaction.

18.05 If the contract is to be awarded, it will be awarded to lowest Bidder whose evaluation by the Owner indicates to Owner that the award will be in the best interests of the Project.

18.06 If the contract is to be awarded, Owner will give Successful Bidder a Notice of Award within forty-five (45) days after the day of the Bid opening.

ARTICLE 19—BONDS AND INSURANCE

19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

19.02 All bonds are required to be obtained from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR part 223, “Surety Companies Doing Business with the United States.”

Performance Bonds shall be provided on EJCDC form C-610, no other forms are acceptable.

Payment Bonds shall be provided on EJCDC form C-615, no other forms are acceptable.

19.03 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process.

ARTICLE 20—DISQUALIFICATION

20.01 The Owner reserves the right to refuse to issue a Bid Form to a prospective Bidder should such Bidder be in default for any of the following reasons:

A. Failure to comply with any pre-qualification regulations of the Owner, if such regulations are cited or otherwise included, in the Contract Documents as a requirement for Bidding.

002113-12 INSTRUCTION TO BIDDERS

B. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the Owner) at the time the Owner issues the Contract Documents to a prospective Bidder.

C. Contractor defaulted under previous contracts with the Owner.

D. Contractor has performed unsatisfactory work on previous contracts with the Owner.

20.02 Bids received from Bidders who have previously failed to complete contracts within the time required, or who have previously performed similar work in an unsatisfactory manner, may be rejected. A Bid may be rejected if the Bidder cannot show that he has the necessary ability, plant and equipment to commence the work at the time prescribed and thereafter to complete the work at the rate or within the time specified. A Bid may be rejected if the Bidder is already obligated for the performance of other work that would delay the commencement or completion of the work.

20.03 The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations contained in the Contract Documents and to complete the work described therein.

20.04 Bids shall be considered irregular and rejected for the following reasons:

A. If the Bid is on a Form other than that furnished by the Owner, or, if the Owner's Bid Form is altered, or, if any part of the Bid Form is detached.

B. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the Bid incomplete, indefinite, or otherwise ambiguous.

C. If the Bid does not contain a unit price for each pay item listed in the Bid Summary, except in the case of authorized alternate pay items, for which the Bidder is not required to furnish a unit price.

D. If the Bid contains unit prices that are obviously unbalanced.

E. If the Bid is not accompanied by the Bid Security specified by the Owner.

ARTICLE 21—SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within fifteen (15) days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within ten (10) days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

002113-13 INSTRUCTION TO BIDDERS

ARTICLE 22—SALES AND USE TAXES

22.01 Owner is exempt from New York State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Refer to Supplementary Conditions SC-7.10 for additional information.

ARTICLE 23—RETAINAGE

23.01 Provisions concerning retainage and Contractors’ rights to deposit securities in lieu of retainage are set forth in the Agreement.

ARTICLE 24—WICKS EXEMPT

24.01 Each bidder on a public work contract, where the preparation of separate specifications is not required, shall submit with its bid a separate sealed list that names each subcontractor that the bidder will use to perform work on the contract, and the agreed-upon amount to be paid to each, for: (a) plumbing and gas fitting, (b) steam heating, hot water heating, ventilating and air conditioning apparatus and (c) electric wiring and standard illuminating fixtures. After the low bid is announced, the sealed list of subcontractors submitted with such low bid shall be opened and the names of such subcontractors shall then be announced.

A. All bidders must complete Section 004336 Proposed Subcontractor Form. The form should be legible, and it must be included, in a separate sealed envelope, with the other bid documents in the Bid Envelope. Bidders who plan to self-perform work must indicate this on the Proposed Subcontractor Form, as required.

B. Sign the Proposed Subcontractor Form in the space provided. An officer or a principal of a corporation or a partnership signing for the firm shall print or type the title of the person on the line provided. The same procedure shall apply to the bid of joint venture by two or more firms, except that the signature and title of an officer or a principal of each member firm of the joint venture shall be required. All signatures must be original. Mechanically reproduced signatures or copies are not acceptable.

C. No contract will be awarded without a completed and signed Proposed Subcontractor Form.

Failure to submit, sign or provide Subcontractor’s Agreed-Upon Amount on the Proposed Subcontractor Form will result in disqualification of the bid.

D. The sealed lists of subcontractors submitted by all other bidders shall be returned to them unopened after the contract is awarded.

24.02 After bids are received, any changes by the low bidder to subcontractors or agreed-upon amounts to be paid to each subcontractor shall require the approval of the Owner pursuant to Section 135 of the State Finance Law and Section 101 of New York State General Municipal Law. Submit any proposed changes to the Proposed Subcontractor Form Contractor’s Proposal in writing to the Owner’s Representative. For changes proposed before award of the contract, send revisions to the Proposed Subcontractor Form in writing to the Owner’s Representative.

END OF SECTION - 002113

EJCDC® C-410, Bid Form for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

SECTION 004113

BID FORM

CONTRACT 1 – GENERAL CONSTRUCTION

The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 1—OWNER AND BIDDER

1.01 This Bid is submitted for: West End Park Improvements

1.02 This Bid is submitted to: Town of Queensbury

1.03 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

1.04 The Work will be awarded as one (1) contract.

ARTICLE 2—ATTACHMENTS TO THIS BID

2.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid Security in the form of a certified check, bank check, or a Bid Bond in accordance with the instructions to Bidders.

B. List of Proposed Subcontractors;

C. Non-Collusive Affidavit;

D. Owner’s Hold Harmless Agreement;

E. Required Bidder Qualification Statement with supporting data;

ARTICLE 3—BASIS OF BID—LUMP SUM

3.01 Lum Sum Bids

A. Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, CONTRACT 1 – GENERAL…