Bid Notice.pdf

Albany Water Board

Thurlow Terrace Stormwater Sewer Separation Project

CITY OF ALBANY

Dorcey L. Applyrs – Mayor

ALBANY WATER BOARD

Charles G. Houghton, III – Chairperson

Department of Water and Water Supply William D. Simcoe, P.E. – Acting Commissioner

JULY 2026

PREPARED BY

CHA CONSULTING, INC.

III WINNERS CIRCLE

ALBANY, NY 12205

PREPARED FOR

DEPARTMENT OF WATER AND WATER SUPPLY

10 N. ENTERPRISE DRIVE

ALBANY, NEW YORK 12204

PHONE: (518) 434-5300

FAX: (518) 434-5332

Expires: 11/30/2028

TABLE OF CONTENTS PAGE 1 OF 3

CHA PROJECT NO. 074193.003

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SECTION 0002

CITY OF ALBANY

THURLOW TERRACE STORMWATER SEWER SEPARATION PROJECT

PROJECT MANUAL

TABLE OF CONTENTS

Division 00 – Procurement and Contracting Requirements Page Number

NOTICE TO BIDDERS .............................................................................................................. NTB-1 to NTB-3

INSTRUCTIONS TO BIDDERS ................................................................................................ ITB-1 to ITB-13

INFORMATION AVAILABLE TO BIDDERS .......................................................................... IAB-1

BIDDER’S CHECKLIST............................................................................................................ BC-1

BID DOCUMENTS:

Bid Form ............................................................................................................................. BF-1 to BF-5

Certified Copy of Resolution of Board of Directors ........................................................... BF-6

Bid Bond ............................................................................................................................. BF-7 to BF-8

Non-Collusive Bidding and Disbarment Certification ........................................................ BF-9 to BF-10

Iranian Energy Sector Divestment ...................................................................................... BF-11

Affidavit of Workers Compensation ................................................................................... BF-12

Living Wage Certification................................................................................................... BF-13

Exhibit A - Responsibility Questionnaire ........................................................................... BF-14 to BF-16

Exhibit B - Certificate of Understanding and Compliance with State Finance Law ........... BF-17

Exhibit C – Offer or Disclosure of Prior Non-responsibility Determinations ..................... BF-18 to BF-19

Statement of Bidder Qualifications ................................................................................................ BF-20 to BF-23

City of Albany Minority/Women Participation Requirements City of Albany Contracts ........ BF-24 to BF-26

New York State Revolving Fund (NYSEFC) Forms:

Attachment 1 – EFC DBE Utilization Plan ........................................................................... BF-27 to BF-33

Attachment 2 – AIS Contractor’s Certification .................................................................... BF-34 to BF-35

Attachment 3 – Lobbying Certification ................................................................................ BF-36 to BF-37

Equal Employment Opportunity (EEO) Policy Statement .................................................. BF-38

AGREEMENT ............................................................................................................................ 7 Pages

CONSTRUCTION PERFORMANCE BOND ............................................................................ 3 Pages

CONSTRUCTION PAYMENT BOND ...................................................................................... 3 Pages

GENERAL CONDITIONS ......................................................................................................... 73 Pages

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SECTION 0002

SUPPLEMENTARY CONDITIONS .......................................................................................... 18 Pages

New York State Prevailing Wage Rates ....................................................................................... 70 Pages

Davis Bacon Wage Rates ............................................................................................................... 18 Pages

City of Albany Department of General Services- Street and Sidewalk

Opening- Permit Application ......................................................................................................... 15 Pages

NYSEFC Mandatory State Revolving Fund Equivalency Project Terms and Conditions ....... 35 Pages

NYSEFC Build America, Buy America Project Waiver Letter ...................................................... 1 Page

TECHNICAL SPECIFICATIONS

Division 01 – General Requirements

011000 Summary

012100 Allowances

012200 Unit Prices

012600 Contract Modification Procedures

012900 Payment Procedures

013000 Project Management and Coordination

013200 Construction Progress Documentation

013300 Submittal Procedures

014000 Quality Requirements

014200 References

015000 Temporary Facilities and Controls

015700 Maintenance and Protection of Traffic

015800 New York State Environmental Facilities Corporation Financing Signage

016000 Product Requirements

017300 Execution Requirements

017700 Closeout Procedures

Division 02 – Existing Conditions

023219 Exploratory Excavation

023313 Underground Utility Locator Service

026113 Excavation and Management of Contaminated Soil

Division 31 – Earthwork

310519.13 Geotextiles

311000 Site Clearing

312000 Earth Moving

312316.16 Structure Excavation for Minor Structures

312319 Dewatering

312333 Trenching and Backfilling

312500 Erosion and Sediment Control

313710.10 Boulder Mix

315000 Excavation Support and Protection

Division 32 - Exterior Improvements

321116 Subbase Courses

321216 Asphalt Paving

321512 Stone Dust Surfacing

321613.53 Granite Curbs

321630 Concrete Sidewalks

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329000 Planting

329113 Soil Preparation

329200 Turf and Grasses

Division 33 – Utilities

330625.11 Maintenance of Wastewater Flows

330130.16 CCTV Inspection and Cleaning of Existing Sewers

330130.72 Cured-in-Place Pipe Lining

330500 Common Work Results for Utilities

330513 Manholes and Structures

331113.13 Ductile Iron Public Water Utility Distribution Piping

333100 Polyvinyl Chloride Gravity Sewer Pipe

334100.20 High Density Polyethylene Storm Utility Drainage Piping

NTB-1

NOTICE TO BIDDERS

CITY OF ALBANY, NEW YORK

Thurlow Terrace Stormwater Sewer Separation Project

BID SUBMISSION DEADLINE: August 4, 2026 at 12:00 pm BID OPENING: August 4, 2026 at 1:30 pm

SUBMIT SEALED BIDS TO: Board of Contract and Supply City Hall, Room 202 Albany, NY 12207

SUMMARY OF WORK:

The project includes providing all labor, materials, machinery, tools, equipment and other means of construction to install separated stormwater sewer systems along Thurlow Terrace and in the vicinity of the Washington Park Lake House that convey captured storm flows to Washington Park Lake. The construction of the closed systems involves, but is not limited to, the following work: demolition of the existing site surface features and existing sewer infrastructure; cleaning, inspection and lining of existing combined sewer piping within Washington Park; trenching, backfilling, and installation of the proposed sewer infrastructure; removal and replacement of the existing stormwater outlet pipes to Washington Park Lake; and the associated site restoration work.

The Work is to be substantially completed by October 1, 2027.

BID DOCUMENTS:

Complete sets of the bid documents may be examined after July 7, 2026 at the Office of the Board of Contract and Supply, City Hall Room 202, Albany, New York 12207. Electronic copies of the bid documents may be acquired from BidNet Direct at https://www.bidnetdirect.com/new-york.

Contractors that obtain bid documents from a source other than BidNet Direct or City Hall must notify the Issuing Office in order to be placed on the official Plan Holders List and receive Addenda and other Bid correspondences. Bids received from Contractors other than those on the official Plan Holders List may not be accepted.

Questions pertaining to the bid package should be directed to Seth Watson, P.E. of CHA Consulting, Inc. at swatson@chasolutions.com.

All bids must be made on the official Bid Form or an exact copy by reproduction thereof and enclosed in a sealed envelope per Article 15 of the Instructions to Bidders. This is a Lump Sum bid as described in the Instructions to Bidders. No Bidder may withdraw their bid within forty-five calendar days after the actual date of the opening thereof.

https://www.bidnetdirect.com/new-york mailto:swatson@chasolutions.com

NTB-2

FAIR SHARE OBJECTIVES FOR DBEs:

This Project is being funded with grant funds and financing from the New York State Water Infrastructure Improvement Act (WIIA), the New York State Environmental Facilities Corporation (NYS EFC) Clean Water State Revolving Fund (CWRSF), and the Bipartisan Infrastructure Law (BIL).

This contract has an overall DBE Subcontractor participation goal of 20%. The Contractor shall comply with all applicable NYSEFC and NYSDEC requirements for the project, including DBE participation goals, as outlined in the NYSEFC Mandatory State Revolving Fund Equivalency Project Terms and Conditions. For purposes of demonstrating good faith efforts and achieving the fair share objectives established within the NYSEFC Mandatory State Revolving Fund Equivalency Project Terms and Conditions, the Contractor should seek out the participation of the following certified entities:

a. DBEs certified by the Small Business Administration (SBA), directory available at:

https://web.sba.gov/pro-net/search/dsp_dsbs.cfm

b. DBEs certified by state DOTs on behalf of the United States Department of Transportation (USDOT), directories by state available at https://www.transportation.gov/DBE%20State%20Websites, including:

i. DBEs certified in New York State: https://nysucp.newnycontracts.com/

For purposes of the bid, the Contractor will fill out one Utilization Plan (NYSEFC DBE Utilization Plan in Bidder’s Checklist) indicating their proposed subcontractors. The Contractor will be required to report DBE participation to the NYSEFC throughout the project.

The City of Albany MWBE Subcontractor and Minority/Women Labor Participation Policy also applies to this project. This contract has a City of Albany MWBE Subcontractor participation goal of 15%.

Subcontractors may be City or State‐Certified MWBEs. Note this percentage is not in addition to the NYSEFC participation. This Contract also has a City of Albany Minority/Women Labor Participation goal of 30% of the total labor force hours.

All bids must be accompanied by the NYSEFC DBE Utilization Plan and a City of Albany Minority/Women Participation Plan or Minority/Women Participation Waiver. If the DBE and MWBE Participation documents are not submitted with the bid, the bid may be deemed incomplete. All requests for waivers shall be accompanied by a plan which identifies what portion of the goals will be obtained and coordinated through the City of Albany Compliance Coordinator.

BID SECURITY:

Each bid must be accompanied by a bid security in the amount of five percent of the base bid in accordance with the Instructions to Bidders. If a bid deposit is not submitted with the bid, the bid may be deemed incomplete and may not be considered.

https://web.sba.gov/pro-net/search/dsp_dsbs.cfm https://www.transportation.gov/DBE%20State%20Websites

NTB-3

BOND REQUIREMENT:

The successful Bidder will be required to furnish construction performance and payment bonds in the full amount of the contract price.

PRE-BID MEETING:

A pre-bid meeting is scheduled for Tuesday, July 21, 2026 at 11:00 AM at the Albany Water

Department Office located at 10 N. Enterprise Drive, Albany, New York.

OWNER'S CONTACT OWNER

Esrom Philogene, P.E. Albany Water Board 10 N. Enterprise Drive 10 N. Enterprise Drive Albany, New York 12204 Albany, New York 12204 ephilogene@albanyny.gov

ENGINEER’S CONTACT ENGINEER

Seth Watson, P.E. CHA Consulting, Inc.

3 Winner’s Circle 3 Winner’s Circle Albany, New York 12205 Albany, New York 12205 swatson@chasolutions.com i

INSTRUCTIONS TO BIDDERS

PROJECT IDENTIFICATION:

a) Project Title: Thurlow Terrace Stormwater Sewer Separation Project

b) Owner: Albany Water Board 10 N. Enterprise Drive Albany, NY 12204

c) Engineer: CHA Consulting, Inc.

3 Winners Circle Albany, New York, 12205

TABLE OF CONTENTS

ARTICLE 1 - DEFINED TERMS

ARTICLE 2 - COPIES OF BIDDING DOCUMENTS

ARTICLE 3 - QUALIFICATIONS OF BIDDERS

ARTICLE 4 - EXAMINATION OF BID DOCUMENTS, OTHER RELATED DATA, AND SITE

ARTICLE 5 - PRE-BID MEETING

ARTICLE 6 - SITE AND OTHER AREAS

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 - SUBLETTING OR ASSIGNING THE CONTRACT

ARTICLE 14- PREPARATION OF BID……………………………………………………………………… 8

ARTICLE 15 - SUBMITTAL OF BID

ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID

ARTICLE 17 - OPENING OF BIDS

ii

ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

ARTICLE 19 - AWARD OF CONTRACT

ARTICLE 20 - CONTRACT SECURITY AND INSURANCE

ARTICLE 21 - SIGNING OF AGREEMENT

ARTICLE 22 - SALES AND USE TAXES

ARTICLE 23 - RETAINAGE

ARTICLE 24 –WAGE RATE SCHEDULE

ARTICLE 25 - APPRENTICESHIP PROGRAMS

ARTICLE 26 - DISADVANTAGED BUSINESS ENTERPRISE (DBE) SUBCONTRACTOR REQUIREMENT

ARTICLE 27 - MINORITY AND WOMEN LABOR PARTICIPATION REQUIREMENT

ARTICLE 28 - CITY OF ALBANY EQUAL OPPORTUNITY REQUIREMENT

ARTICLE 29 - CITY OF ALBANY LIVING WAGE CERTIFICATION / DECLARATION

ARTICLE 30 – OSHA 10 COMPLIANCE

ARTICLE 31 – PERMISSION CONTACTS

ARTICLE 32 – NEW YORK STATE ENVIRONMENTAL FACILITIES CORPORATION REQUIREMENTS

ITB - 1

ARTICLE 1 - DEFINED TERMS

1.1 Terms used in these Instructions to Bidders will have the meanings indicated in the

General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof:

A. Bidder/Contractor--The individual or entity who submits a Bid directly to

Owner.

B. Owner – Albany Water Board

C. Engineer - The Engineer of Record or designated representative of the

Department of Water and Water Supply.

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

E. Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom Owner (on the basis of Owner’s evaluation as hereinafter provided) makes an award.

ARTICLE 2 - COPIES OF BIDDING DOCUMENTS

2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, as stated in the Notice to Bidders, may be obtained from the Issuing Office. The deposit will be refunded as outlined in the Notice to Bidders.

2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor

Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.3 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

3.1 CONTRACTOR SHALL INCLUDE WITH THEIR BID, A FULLY EXECUTED BIDDERS

QUALIFICATION QUESTIONNAIRE AS PROVIDED IN THE BID DOCUMENTS

3.2 Owner reserves the right to reject any bids where qualifications, financial standing, equipment, personnel, or facilities of the Bidder or any subcontractor are not satisfactory.

Any Bidder proposing to subcontract any operation must submit within five (5) days of Owner's request a listing of his own facilities, including number of personnel and

ITB - 2

equipment, plus a letter from any proposed subcontractor containing the following information:

3.2.1 certification that he is aware he has been named as a proposed subcontractor;

3.2.2 a statement that he is capable of fulfilling the operations for which he has been named as a subcontractor in complete accordance with the Contract Documents;

3.2.3 a complete listing of his facilities, equipment, and number of personnel.

3.3 Failure of Bidder to submit the required letter(s) may be cause for rejection of bid. After an award has been made, there shall be no subcontracting allowed without written consent of the Owner other than the operations that have been approved and specified in the award.

ARTICLE 4 - EXAMINATION OF BID DOCUMENTS, OTHER RELATED DATA, AND SITE

4.1 Subsurface and Physical Conditions

4.1.1 The Information Available to Bidders identify:

a. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents.

4.2 Underground Facilities

4.2.1. Information and data shown or indicated in the Bidding 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, including Owner, or others.

4.3 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 Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions.

4.4 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission

ITB - 3

of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.5 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work.

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

4.6.1 To examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents (including technical data referred to above);

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

4.6.3. To become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work;

4.6.4 To carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Information Available to Bidders as provided in paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Information Available to Bidders.

4.6.5 To obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto;

4.6.6 Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents;

4.6.7 Become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents;

ITB - 4

4.6.8 Correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents;

4.6.9 Promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and

4.6.10 Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

4.7 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 Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 - PRE-BID MEETING

5.1 A pre-bid meeting is as noted in the Notice to Bidders.

ARTICLE 6 - SITE AND OTHER AREAS

6.1 The Site is identified in the Bidding 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 permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents.

ARTICLE 7 - INTERPRETATIONS AND ADDENDA

7.1 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. QUESTIONS RECEIVED

LESS THAN FIVE (5) DAYS PRIOR TO THE DATE FOR OPENING OF BIDS MAY NOT BE

ANSWERED. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

ITB - 5

7.2 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

ARTICLE 8 - BID SECURITY

8.1 A Bid must be accompanied by Bid security made payable to Treasurer, City of Albany in an amount of 5 percent of Bidder’s maximum Bid price and in the form of a certified or bank check or a Bid Bond on the form attached issued by a surety meeting the requirements of paragraphs 5.01 and 5.02 of the General Conditions.

8.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

8.3 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

ARTICLE 9 - CONTRACT TIMES

9.1 The number of days within which, or the dates by which, the Work is to be (a)

Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 - LIQUIDATED DAMAGES

10.1 Provisions for liquidated damages, if any, are set forth in the Agreement.

ARTICLE 11 - SUBSTITUTE AND “OR-EQUAL” ITEMS

11.1 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-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 the General Conditions and may be supplemented in the General Requirements.

ITB - 6

11.2 All prices that Bidder sets forth in its Bid shall 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

12.1 If the SUPPLEMENTARY CONDITIONS REQUIRE THE IDENTITY OF CERTAIN

SUBCONTRACTORS, SUPPLIERS, INDIVIDUALS, OR ENTITIES to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is 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, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid.

12.2 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 Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the 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 6.06 of the General Conditions.

12.3 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

12.4 The Owner and the Engineer will not deal directly with subcontractors. All business shall be conducted through the Prime Contractor who shall be represented on the project site whenever any subcontractor is performing work. The Contractor is reminded that he is responsible for coordinating the work of their subcontractors.

ARTICLE 13 - SUBLETTING OR ASSIGNING THE CONTRACT

13.1 The Contractor shall perform with its own organization contract work amounting to not less than 50 percent of the original total contract bid price, except that any items designated by the City as “Specialty Items” may be performed by subcontract and the amount of any such “Specialty Items” so performed may be deducted from the original total contract bid price before computing the amount of work required to be performed by the Contractor with its own organization. The contract amount upon which the 50 percent requirement is computed includes the cost of materials and manufactured

ITB - 7

products which are to be purchased or produced by the Contractor under the following provisions:

A. “Its own organization” shall be construed to include only workers employed and paid directly by the Contractor and equipment owned or rented by it, with or without operators.

B. “Specialty Items” shall be construed to be limited to work that requires specialized knowledge, skill or equipment not ordinarily available in contracting organizations qualified to bid on the contract as a whole and in general are to be limited to minor components of the overall contract.

13.2 The Contractor shall be responsible for all work performed by Subcontractors, Manufacturers, Fabricators, Material Suppliers and any other parties in the performance of the contract. Contract work shall be performed under a subcontract only after approval by the City. Work shall be performed only by the Subcontractor specifically approved by the City. Work shall not be assigned by the Subcontractor to a lower tier subcontractor. Violations of the aforementioned will result in no payment by the City for the completed work.

ARTICLE 14 - PREPARATION OF BID

14.1 The Bid form is included with the Bidding Documents. Additional copies may be obtained from the Issuing Office.

14.2 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the

Bid signed. A Bid price shall be indicated for each [section, Bid item, alternative, adjustment unit price item, and unit price item] listed therein, or the words “No Bid,” “No Change,” or “Not Applicable” entered.

14.3 In the event a discrepancy exists in any Bid between the prices written in words and the prices written in figures, the prices written in words shall govern. If a discrepancy exists in any bid between unit prices and the extended totals therefor, the unit prices shall govern.

In either of the above cases, the extended totals, and the total of all extensions, shall be corrected, if necessary, and the Bid may not be considered informal.

14.4 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

14.5 A Bid by a partnership shall be executed in the partnership name and signed by a partner

(whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature.

ITB - 8

14.6 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature.

14.7 A Bid by an individual shall show the Bidder’s name and official address.

14.8 A Bid by a joint venture shall be executed by each joint venture in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature.

14.9 All names shall be typed or printed in ink below the signatures.

14.10 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form.

14.11 The address and telephone number for communications regarding the Bid shall be shown.

14.12 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder’s state contractor license number for the state of the Project, if any, shall also be shown on the Bid form.

ARTICLE 15 - SUBMITTAL OF BID

15.1 Bids shall be submitted in triplicate. A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Notice to Bidders and shall be enclosed in an opaque sealed envelope plainly marked 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 shall 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 shall be enclosed in a separate envelope plainly marked on the outside with the notation “BID

ENCLOSED.”

15.2 If a Bid is sent by mail or other delivery system, it shall be the responsibility of the Bidder to ensure the bid is delivered by the date and time specified. Bids delivered after the date and time specified may be rejected.

15.3 Bidders shall submit all required bid documents as outlined herein and as shown on the bidders check list. Failure to submit a complete bid, with all required bid documents, may result in a bid being declared non-responsive. The City of Albany reserves the right to reject all non-responsive bids.

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ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID

16.1 A Bid may be modified or withdrawn by an appropriate document duly executed in the 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.

16.2 If within 24 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, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 - OPENING OF BIDS

17.1 Bids will be opened at the time and place indicated in the Notice to Bidders 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 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.1 All Bids will remain subject to acceptance for the period of time stated in the Bid form, but

Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 - AWARD OF CONTRACT

19.1 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. Owner may also 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. 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.

19.2 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

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19.3 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

19.4 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

19.5 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents.

19.6 No Contract shall be awarded to any person who is in arrears to the Owner, upon debt or Contract, or who is in default as surety or otherwise upon any obligation to the Owner, nor shall a Contract be awarded to any Contractor whose performance of any previous Contract was unsatisfactory.

19.7 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project.

19.8 The City reserves the right to not award a contract.

ARTICLE 20 - CONTRACT SECURITY AND INSURANCE

20.1 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 and insurance.

When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by such Bonds and proof of insurance.

ARTICLE 21 - SIGNING OF AGREEMENT

21.1 When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within fifteen (15) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. WITHIN TEN (10)

DAYS THEREAFTER, OWNER SHALL DELIVER ONE FULLY SIGNED COUNTERPART TO

SUCCESSFUL BIDDER WITH A COMPLETE SET OF THE DRAWINGS WITH APPROPRIATE

IDENTIFICATION.

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ARTICLE 22 - SALES AND USE TAXES

22.1 Owner is exempt from state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Bid. Refer to paragraph

7.09 of the Supplementary Conditions for additional information.

ARTICLE 23 - RETAINAGE

23.1 Each and every progress payment is subject to a 5 percent retainage, such that the

Contractor is only paid 95 percent of the approved amount in each application for payment.

ARTICLE 24 –WAGE RATE SCHEDULE

24.1 State and Federal Wage Rate Schedules are included in the Supplementary Conditions.

It is further stipulated that the laborers, workers, and mechanics employed on the work done in performance of said contract shall be paid not less than the highest rate of wages listed thereon for the trade of occupation of such laborer, etc., and also provided with each supplement listed on this schedule for such trade or occupation at not less than the amount so listed.

ARTICLE 25 - APPRENTICESHIP PROGRAMS

25.1 Each Contractor and Subcontractor, prior to being awarded a construction Contract in excess of $100,000 shall demonstrate that it has an apprenticeship program or an apprenticeship agreement with an apprenticeship program registered with the State Department of Labor that is appropriate to the type and scope of work to be performed.

ARTICLE 26 - DISADVANTAGED BUSINESS ENTERPRISE (DBE) SUBCONTRACTOR REQUIREMENT

26.1 This Project is being funded with grant funds and financing from the New York State

Water Infrastructure Improvement Act (WIIA), the NYS Environmental Facilities Corporation (NYSEFC) Clean Water State Revolving Fund (CWSRF), and the Bipartisan Infrastructure Law (BIL). The Contractor shall comply with all applicable NYSEFC and NYSDEC requirements for the project, including DBE participation goals, as outlined in the NYSEFC Mandatory State Revolving Fund Equivalency Project Terms and Conditions.

For purposes of demonstrating good faith efforts and achieving the fair share objectives established within the NYSEFC Mandatory State Revolving Fund Equivalency Project Terms and Conditions, the Contractor should seek out the participation of the following certified entities:

a. DBEs certified by the Small Business Administration (SBA), directory available at:

https://web.sba.gov/pro-net/search/dsp_dsbs.cfm

b. DBEs certified by state DOTs on behalf of the United States Department of

Transportation (USDOT), directories by state available at https://www.transportation.gov/DBE%20State%20Websites, including:

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i. DBEs certified in New York State: https://nysucp.newnycontracts.com/

26.2 All bids shall be accompanied by fully completed DBE Subcontractor Utilization Plans as listed in the Bid Form checklist. All forms on the checklist must be included and utilization plans shall meet the participation percentage stated in the Notice to Bidders.

If DBE Subcontractor Utilization Plans showing compliance are not submitted with the bid, the bid may be deemed incomplete and may not be considered. All requests for waivers must be coordinated with the City of Albany MWBE coordinator and include a plan which identifies what portion of the goals will be attained.

ARTICLE 27 - MINORITY AND WOMEN LABOR PARTICIPATION REQUIREMENT

27.1 All bids shall be accompanied by a fully completed City of Albany Minority and Women

Labor Participation Plan as listed in the Bid Form Checklist and located in the City of Albany Minority and Women Participation Requirements section of the Bid Form. The utilization plan shall meet the percentage stated in the Notice to Bidders. If a minority and women labor participation plan showing compliance is not submitted with the bid, the bid may be deemed incomplete and may not be considered. All requests for waivers will be coordinated with the City of Albany MWBE coordinator and include a plan which identifies what portion of the goals will be attained.

ARTICLE 28 - CITY OF ALBANY EQUAL OPPORTUNITY REQUIREMENT

28.1 The successful Bidder will be required to comply with all provisions of the Federal

Government Equal Employment Opportunity clauses issued by the Secretary of Labor on May 21, 1968 and published in the Federal Register (41CFR PART 60-1, 33 f.2 7804). All Bidders must also comply with General Municipal Law Section 103 and Sections 220-223 of the New York State Labor Law.

ARTICLE 29 - CITY OF ALBANY LIVING WAGE CERTIFICATION / DECLARATION

29.1 The City of Albany has adopted a Living Wage Ordinance. All bidders must complete the

City of Albany Living Wage Certification/Declaration form and submit it with their bid.

ARTICLE 30 – OSHA 10 COMPLIANCE

30.1 As of July 18, 2008, the requirements of Labor Law 220-h regarding OSHA 10 safety training courses are in effect. Each Contractor or Subcontractor awarded a construction Contract in excess of $250,000 shall demonstrate that every worker employed by the CONTRACTOR is certified as having completed an OSHA 10 safety training course PRIOR to beginning the work.

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ARTICLE 31 – PERMISSION CONTACTS

31.1 Pursuant to State Finance Laws § 139-j and § 139-k, this bid for services includes and imposes certain restrictions on communications between the Authority and the Bidder during procurement process. A Bidder is restricted from making contacts from the date of the Notice to Bid through final award and approval of the Authority other than with designated staff identified herein or unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a). All questions related to this bid, including but not limited to, technical and engineering must be submitted via email to Seth Watson, P.E. at swatson@chasolutions.com . Authority employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a 4-year period, the bidder is debarred from obtaining governmental Procurement Contracts. Bidders must provide written affirmation as to your understanding of an agreement to comply with the Albany Water Board’s procedures relating to permissible contacts pursuant to §139-j(6)(b) of the New York State Finance law with attached EXHIBITS A, B, and C.

ARTICLE 32 – NEW YORK STATE ENVIRONMENTAL FACILITIES CORPORATION REQUIREMENTS

32.1 This project is subject to NYS EFC Clean Water State Revolving Fund requirements included in these bid documents. All bids shall be accompanied by the required NYS EFC forms. If relevant documents are not submitted with the bid, the bid may be deemed incomplete and may not be considered.

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INFORMATION AVAILABLE TO BIDDERS

INFORMATION PLACED IN THIS SECTION IS PROVIDED FOR THE

CONTRACTORS REFERENCE IN CONJUNCTION WITH THE CONTRACT

DOCUMENTS. IT SHALL BE THE CONTRACTOR’S RESPONSIBILITY TO VERIFY

THE EXISTING CONDITIONS PRIOR TO CONSTRUCTION.

SUBSURFACE DATA

1. Four (4) test borings were taken in the vicinity of the work along Thurlow Terrace in

February 2020. The locations of these borings are shown in the attached “Figure 5 Thurlow

Terrace”. Five (5) test borings were taken in the vicinity of the work within Washington

Park, from Englewood Place to the Washington Park Road intersection with Madison

Avenue. The locations of these borings are shown on the Drawings and in the attached

“Boring Location Plan”. Soil tests of samples of the existing soil materials from the borings taken within Washington Park were completed in October 2025.

2. Logs of the test borings and soil sample test results referenced above are included herein.

The availability of this information is not intended to relieve Bidders of their obligation to make a thorough investigation of conditions below the surface of the ground and neither additional payment nor an extension of time will be made to the Contractor because the borings referred to above do not accurately represent the true nature of the subsurface conditions.

3. Bidders and prospective Bidders are hereby warned and put on notice that the borings referred to above were made for design purposes only. They were not made for the purpose of informing Bidders and prospective Bidders as to subsurface conditions in the area of the work covered by this Contract and are not, in the opinion of the Engineer, sufficient or extensive enough to provide an accurate or reliable indication of subsurface conditions which might be encountered in the performance of this Contract.

4. Neither the Owner nor the Engineer has made any investigation of subsurface conditions in the area covered by the work to be performed under this Contract other than the borings referred to above, and, in bidding on this Contract, each Bidder acknowledges that they have made whatever investigation of subsurface conditions they have deemed necessary for the purpose of bidding. Permission for making borings of subsurface conditions will be arranged for by the Engineer upon receipt of a written request therefor.

10 N ENTERPRISE DRIVE

ALBANY, NY 12204

PROJECT TITLE

SHEET TITLE

OWNER & ENGINEER:

DRAWN BY CHECKED BY

DATE

PROJECT NO.

DRAWING SCALE

REVISIONS

REVIEWED & APPROVED BY

REVISION OR REPRODUCTION OF THIS

PLAN, OR ANY PORTION THEREOF, IS

PROHIBITED WITHOUT THE WRITTEN

PERMISSION OF THE CITY OF ALBANY DEPT.

SHEET NO.

Document Name: FIGURE 05_Thurlow Terr

SOIL BORINGS

REQUEST FOR

QUOTES

FIGURE 05

THURLOW

TERRACE

KNM CJO

JAN 29, 2020

AS SHOWN

SHEET 6 OF 6

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NOTES:

1. MAP IS FOR REFERENCE PURPOSES OF ALBANY WATER DEPARTMENT ASSETS ONLY.

2. REFERENCE IS DATED DECEMBER 1, 2019.

3. CONTRACTOR IS RESPONSIBLE FOR FOLLOWING DIG SAFELY NEW YORK PROCEDURES.

4. EXACT BORING LOCATIONS TO BE APPROVED BY ALBANY WATER DEPARTMENT STAFF.

Sources: Esri, HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri…