Bid Notice.pdf

Town of Amherst

INVITATION TO BID

North Forest Pool – Roof & Gutter Replacement TOA Project No. 2025-YR-9A.1

Bids, as stated below, will be received and publicly opened by the Contract Compliance & Administration Department in accordance with the attached specifications. Fax bids are unacceptable.

FOUR (4) COPIES OF THIS ENTIRE BID DOCUMENT MUST BE COMPLETED (ALL SIGNATURES IN BLUE

INK) AND SUBMITTED IN A SINGLE SEALED ENVELOPE TO:

Town of Amherst Contract Compliance & Administration Drop Box (2nd Floor) 5583 Main Street Williamsville, New York 14221

• Within each of the Four (4) bids being submitted, EACH page requiring a signature, must be an original signature, and must be signed in BLUE INK.

Note: Lower left-hand corner of the envelope MUST indicate the following:

Project: North Forest Pool – Roof & Gutter Replacement______

Due Date/Time: Thursday July 30, 2026 / 12:00 p.m.

Name of Bidder:

Following documents are attached to and made a part of the bid specifications, and part of any agreement entered into pursuant to this Invitation to Bid:

1. Notice to Bidders

2. Instructions to Bidders

3. Bid Specifications

4. Agreement

5. Bid Form

6. Bidder’s Qualifications

7. Bid Bond Form

8. Prevailing Wage Certification

9. Non-Collusive Bidding Certification

10. Iran Divestment Act Certification

11. General Terms & Conditions

12. Assignment of Public Contracts

13. Addendum to Contract

14. Technical Specifications

15. Design Plans

NOTICE TO BIDDERS

TOA Project No. 2025-YR-9A.1

Sealed bids for the above-mentioned project in the Town of Amherst will be received by the Contract Compliance Office in the Municipal Building, Williamsville, New York before 12:00 P.M. local time on July 30, 2026, at which time they will be publicly opened and read aloud in the Council Chambers, Amherst Municipal Building, 5583 Main Street, Williamsville, NY, 14221. Four (4) copies of each Bid are required to be enclosed in an opaque sealed envelope plainly marked on the outside with the name of the Bidder, Bidder’s address, the name of the Project, and the contract name and project number. A locked drop-box is available at the upper level of Town Hall.

The bid documents can be viewed and ordered through Construction Exchange of WNY, or viewed on BidNet Direct, on or after Thursday, July 16, 2026. Digital bid documents are also available via written request to the Town of Amherst, Mike Bushen: mbushen@amherst.ny.us. All bidders must register with the Town of Amherst, Mike Bushen, to receive Addenda.

A pre-bid walkthrough will be held on Tuesday, July 21, 2026, at 7:30 a.m. at North Forest Pool, located at 85 North Forest Road, Williamsville, NY 14221. All requests for information (RFI)’s must be submitted in writing by July 23rd at 12:00 p.m. to Mike Bushen, of The Town of Amherst: mbushen@amherst.ny.us

The Town of Amherst reserves the right to extend this bid to other municipalities and qualifying divisions as set forth under NYGML.

Proposals shall be made and received upon the following conditions:

Each bid must be accompanied by the deposit of a certified check, payable to the Town of Amherst, or a bond in a penal sum equal to twenty-five hundred dollars ($2,500), conditioned that if the bid is accepted, the Contractor will enter into a contract for the same, and will execute such further security as may be required for the faithful performance of the contract.

Upon acceptance of his Bid, if the successful bidder fails to enter into a Contract pursuant to the requirements of the Contract Documents, or fails to give the further security prescribed in this Notice, with the same time limited therein, then the check/bond deposited as aforesaid and the monies standing to the credit of the same, shall be forfeited to the Town as liquidated damages, or the payment of the bond enforced for the benefit of the Town. The Town of Amherst reserves the right to waive informalities in or to reject any and all bids.

By the Order of the Town Board of Amherst, Erie County, New York July 16, 2026

Instructions to Bidders Page 1 of 4

INSTRUCTIONS TO BIDDERS

1. Bid shall be submitted on these Town of Amherst bid forms or bid will not be considered. Bid must be typed or printed in ink. Original autograph signatures in ink are required. Facsimile or rubber stamp signatures will not be accepted. FOUR (4) COPIES

OF THIS ENTIRE BID DOCUMENT MUST BE COMPLETED AND SUBMITTED.

2. Late Proposals. Any responses received after the date and time prescribed will not be considered for contract award.

3. Emergency Closings. In the event the closing of certain Town facilities and/or operations and/or services due to any flood, fire, fire drill, power failure, uncontrolled weather conditions or other cause beyond the Town’s control, only bids received in the Contract Compliance & Administration Department reception box prior to the date and time or postmarked as of the date prescribed will be considered for contract award.

4. Any change in wording or interlineations by a bidder of the inquiry as published by the Town of Amherst shall be reason to reject the proposal of such bidder, or in the event that such change in the Invitation to Bid is not discovered prior to entering into a contract, to void any contract entered into pursuant to such bid.

5. The Town of Amherst reserves the right to reject any and all bids, to accept either in whole or in part any one bid or combination of bids, as may be provided in the bid specifications, or to waive any informalities in bids. The Town does not obligate itself to accept the lowest or any other proposal.

6. Award to the lowest responsible bidder. For the purpose of determining which bidder is the lowest qualified responsible bidder, it shall be the lowest three bidders’ responsibility, within FIVE DAYS of being so notified by the Town Building Maintenance Department, to present information and documentation to the Town Architect, to satisfy the Town that the bidder possesses sufficient capital resources, skill, judgment and experience to perform the work or deliver the material, as per bid specifications.

7. Contract(s) or purchase order(s) will be awarded after due consideration of the suitability of goods and/or services bid to satisfy these specifications, the total cost of such goods and/or services including all cost elements, and the timeliness of the agreed upon delivery date.

8. This EXECUTORY CLAUSE shall be a part of any agreement entered into pursuant to this bid:

It is understood by the parties that this agreement shall be executory only to the extent of the monies available to the Town of Amherst and appropriated therefore, and no liability on account thereof shall be incurred by the Town beyond the monies available and appropriated for the purpose thereof.

9. Failure to meet schedule as per accepted bid may result in legal action by the Town of

Amherst to recover damages.

Instructions to Bidders Page 2 of 4

10. No taxes are to be billed to the Town of Amherst. Proposals shall not include any Federal, State, or local excise, sales, transportation, or other tax, unless Federal or State law specifically levies such tax on purchases made by a political subdivision. The Town of Amherst Purchase Order is an exemption certificate. Any applicable taxes from which the Town of Amherst is not exempt shall be listed separately as cost elements, and added into the total net price.

11. The successful respondent shall comply with all laws, rules, regulations and ordinances of the Federal Government, the State of New York and any other political subdivision or regulatory body which may apply to its performance under this contract.

12. Gratuities, Illegal or Improper Schemes. The Town may terminate this agreement if it is determined that gratuities in the form of entertainment, gifts or otherwise were offered or given by a vendor, his agent or representative to any Town official or employee with a view towards securing favorable treatment with respect to the awarding of this bid or the performance of this agreement. The Town may also terminate this agreement if it is determined that the successful bidder engaged in any other illegal or improper scheme promotive of favoritism or unfairness incidental to the bidding process or the performance of this agreement. In the event that it is determined that said improper or illegal acts occurred, the Town shall be entitled to terminate this agreement and/or exercise any other remedy available to it under existing law.

13. Insurance shall be procured by the Successful Bidder before commencing work, no later than 14 days after notice of award and maintained without interruption for the duration of the Contract, in the kinds and amounts specified in the Agreement Addendum, unless otherwise stipulated in these Bid Specifications. If the insurance is not provided in acceptable form within this period of time, then the Town may declare the vendor non-responsive and award the contract to the next responsible vendor.

14. Any cash discount which is part of bid will be considered as a reduction in the bid prices in determining the award of the bid. The Town of Amherst policy is to pay all claims in a timely manner within the specified time. The Town will not pay any interest charges, nor refund discount amounts taken after the discount period. If this is unsatisfactory, please quote net.

15. Changes in work. The Town may, as the need arise, through the Architect, order changes in the work through additions, deletions, or modifications without invalidating the contract. Compensation, as it may be affected by any change, shall be adjusted by a Change Order agreement between the contractor and the Town through the Architect.

16. Bid offering material other than that of specified manufacturer or trade name will be considered unless stated otherwise. The use of the name of a particular manufacturer, trade name, or brand in describing an item does not restrict a bidder to that manufacturer or specific article. Proposed substitutions must match the specified manufacturer or brand in terms of visual character, quality and performance and be suitable for the intended use.

All substitution requests will be reviewed by the Architect.

17. Any additional information for which bidder desires to add to the bid shall be written on a separate sheet of paper, attached to and submitted with the formal sealed bid, to be read at the formal opening.

Instructions to Bidders Page 3 of 4

18. Workmanship must meet with the approval of the department head(s) involved, and shall be first class in every respect without exception and shall be equal to the best modern practices. Materials furnished are to be new and unused. All materials furnished or work performed is to be guaranteed free from defects. Anything found defective or not meeting specifications, no matter in what stage of completion may be rejected and shall be made good by the contractor at his own expense.

19. Contractor shall Clean up and remove all debris and rubbish resulting from the work and leave the premises broom clean to the approval of the Town.

20. THIS BID IS FIRM AND IRREVOCABLE for a period of 30 days from the date and time of the bid opening. If a contract is not awarded within the 30-day period, a bidder to whom the bid has not been awarded may withdraw his bid by serving written notice of his intention to do so upon the Town Engineer. Upon withdrawal of the bid pursuant to this paragraph, the Town will forthwith return the bidder’s security deposit.

21. Price is Firm. The unit prices bid shall remain firm, and any other charges bid shall also remain firm, for delivery of the equipment, material, work, or services described in this bid.

No cost increase shall be charged for any reason whatsoever.

22. Extension of price protection. Any contract entered into pursuant to this bid to supply the Town of Amherst requirements of goods and/or services for a definite period of time as stated in the attached specifications may be extended for not more than two successive periods of equal length at the same bid price upon the mutual agreement of the successful respondent and the Town of Amherst. All extensions shall be submitted in writing and shall have prior approval by the Town of Amherst.

23. In executing this bid, the bidder affirms that all of the requirements of the specifications are understood and accepted by the bidder, and that the prices quoted include all required materials and services. The undersigned has checked all of the bid figures, and understands that the Town will not be responsible for any errors or omissions on the part of the undersigned in preparing this bid. Mistakes or errors in the estimates, calculations or preparation of the bid shall not be grounds for the withdrawal or correction of the bid or bid security. In case of error in extension of prices in the bid, the unit price will govern.

24. The undersigned shall be fully accountable for his or its performance under this bid, or any contract entered into pursuant to this bid, and agrees that he, or its officers, will answer under oath all questions relevant to the performance thereof and to any transaction, act or omission had, done or omitted in connection therewith if called before any Judicial, Town, County or State officer or agency empowered to investigate the contract or his performance.

25. Termination of contract:

a. This agreement may be terminated by either party upon seven (7) days written notice, should the party fail substantially to perform in accordance with its terms, through no fault of the party initiating the termination.

b. At its option, the Town may at any time for any reason terminate this agreement and the Contractor shall immediately cease all work under the agreement upon receipt of written notice of such termination from the Town.

c. In the event of termination for any reason other than the fault of the Contractor, or the non-availability of funds as provided in the above Executory Clause, the Contractor shall be paid the amount due to date of termination, and all reasonable expenses caused by such termination.

Instructions to Bidders Page 4 of 4

26. The successful bidder(s) to whom the bid is awarded shall indemnify and hold harmless the Town of Amherst and its agents and employees from and against all claims, damages, losses or causes of action arising out of or resulting from such vendor’s performance pursuant to this bid.

27. Status as an independent contractor: The successful Bidder to whom the bid is awarded and the Town agree that the Bidder and its officers, employees, agents, contractors, subcontractors and/or consultants are independent contractors and not employees of the Town or any department, agency or unit thereof. In accordance with their status as independent contractors, the Bidder covenants and agrees that neither the Bidder nor any of its officers, employees, agents, contractors, subcontractors and/or consultants will hold themselves out as, or claim to be, officers or employees of the Town of any department, agency or unit thereof.

28. Governed by New York law: This Agreement shall be construed and enforced in accordance with the laws of the State of New York. In addition, the parties hereby agree that for any cause of action arising out of this Agreement shall be brought in the County of Erie.

29. “A contract formed by the acceptance of this bid shall be deemed to have been let in a manner that constitutes competitive bidding consistent with state law and made available for use by other governmental entities pursuant to General Municipal Law 103 (16)”

Bid Specifications Page 1 of 5

BID SPECIFICATIONS

Please note: Prevailing wages apply to this tax-exempt project

CONTRACT TIME

This contract is anticipated to be awarded on or about August 10, 2026. As such, it is also anticipated that a Notice to Proceed (NTP) will be issued on (or prior to) August 24, 2026. As all associated contract work must be complete within one hundred and thirty (130) calendar days after issuance of NTP, all work must therefore be complete no later than January 1, 2027.

SCOPE AND DESCRIPTION OF BID ITEMS

The CONTRACTOR shall furnish all equipment, labor, and materials necessary for a full tear off and replacement of the existing asphalt shingle roof system in its entirety (approx. 4,118

sq. ft.), including the plywood base/sheathing. The CONTRACTOR shall also furnish and install new gutters, downspouts, flashing, soffits, fascia, and all related components as indicated in the contract documents and plans, or as otherwise required to complete a watertight and fully functional roofing system installation. CONTRACTOR shall be responsible for the provision, installation, and proper use of all required safety equipment and measures associated with the removal and installation of the roof system.

Please also note: It shall be the Contractors responsibility to make and maintain any/all disturbed building areas as weathertight. Further, should any Contractor-disturbed area not be weathertight and experience leakage, the Contractor will be responsible for any and all damages and costs associated with the leakage.

Refer also to 011000 Summary.

BID BOND

Each proposal must be accompanied by a certified check, payable to the Town of Amherst, New York, or bond with sufficient sureties, in a sum equal to twenty-five hundred dollars ($2,500), conditioned that if the proposal is accepted, the Contractor will enter into a contract for the same, and will execute such further security as may be required for the faithful performance of the contract.

BID DOCUMENTS AND DRAWINGS

The following bid documents, technical specifications and drawings represent shall represent the contractual obligations of the successfully awarded contractor:

1. Notice to Bidders

2. Instructions to Bidders

3. Bid Specifications

4. Agreement

5. Bid Form

6. Bid Bond Form

Bid Specifications Page 2 of 5

7. Prevailing Wage Certification

8. Non-Collusive Bidding Certification

9. Iran Divestment Act Certification

10. General Terms & Conditions

11. Assignment of Public Contracts

12. Addendum to Contract

13. Technical Specifications

011000 Summary of Work 012200 Unit Prices 012300 Alternates 015100 Temporary Facilities and Controls 017329 Cutting & Patching 073113 Asphalt Shingles

14. Design Plans A-1 Roof Plan A-2 Details A-3 Alternate 1 – North Forest Pavilion

BID AWARD

1. Bidders are required to bid on all bid items.

2. Bid award will be made to the lowest responsible bidder or bidders in whole or in part.

3. The Town reserves the right to award a single contract or multiple contracts based on the lowest responsible bid per bid item or combination of bid items that the Town deems to be in its best interest.

4. The Town reserves the right to reject any and all bids, to waive any and all informalities, and the right to disregard all non-conforming, non-responsive or conditional bids.

5. The Town also reserves the right to delete bid items prior to or after award if it is deemed to be in the Town’s best interest.

6. The Town reserves the right to reject any Bid not accompanied by specified documentation and bid security. In order to be considered as a responsible bidder, the attached Prevailing Wage, Non-Collusive Bidding and Iran Divestment Act Certificates must all be signed by the bidder and dated prior to submitting the bid.

7. The Town reserves the right to reject any bid that shows any omissions, alterations of form, additions not called for, conditions or qualifications, or irregularities of any kind.

8. The Town reserves the right to reject any bid that, in its sole discretion, is considered to be unbalanced or unreasonable as to the amount bid for any lump sum or unit price item.

9. The Town reserves the right to reject any bid that, in its sole discretion, is based on alternate materials or equipment or components where the quality and/or performance and/or specifications of those items is deemed to be lesser when compared to the basis of design components.

Bid Specifications Page 3 of 5

PERSONNEL AND EQUIPMENT OPERATORS

Contractor is to have a foreman onsite at all times. The operators must be well trained in the operation of the equipment and must be skilled in the performance of all phases of the work required to be done.

CONDITION OF EQUIPMENT

Equipment utilized by the contractor must be in good operating condition and maintained in such condition while performing the work required under any resultant contract.

WARRANTY

The contractor agrees to guarantee all work, labor, services and materials and equipment for the period of two year(s). Any and all defective workmanship or materials shall be replaced by the contractor at no cost to the Town for a period of two (2) years from the date of invoice for the associated purchase and/or installation.

WORK EXPERIENCE

The successful bidder will have to show evidence that their company has equipment and experience necessary to perform the required work.

COMMENCEMENT AND DURATION OF WORK

Weather permitting; the successful bidder will be required to begin work within fourteen (14) days after receipt of Notice to Proceed from the Town of Amherst. Thereafter, until completion of the job, work shall be continuous unless the designated Town representative determines that operations shall be temporarily suspended. All work will be done Monday through Friday 7am – 5pm unless other arrangements are made prior to work commencing.

BID CONDITIONS

1) Bids must be made upon the blank bid forms provided. Four (4) copies of each Bid are required to be enclosed in an opaque sealed envelope plainly marked on the outside with the name of the Bidder, his address, the name of the Project, and the contract name or number.

2) The blank spaces in the proposals must be filled in as noted and no change shall be made in phraseology of the bid or in the item(s) mentioned therein.

3) The bidder must to present evidence of experience, ability, as well as a statement as to employees and machinery.

4) Each bid must include a sample copy of roofing manufacturer’s warranty as specified, stating obligation, remedies, limitations, and exclusions of warranty, with bid.

5) Each bid must be accompanied by a certified check, payable to the Town of Amherst, New York, or bond with sufficient sureties, in a sum equal to twenty-five hundred dollars ($2,500.00), conditioned that if the bid is accepted, the Contractor will enter into a contract for the same, and will execute such further security as may be required for the faithful performance of the contract.

6) In case of a difference between the stipulated amount of the proposal written in words and the stipulated amount written in figures, the stipulated amount in words shall govern.

Bid Specifications Page 4 of 5

EXECUTION OF CONTRACT

The successful bidder will be required to sign the contract and to comply in all respects with the statutory provisions relating to the contract within fifteen (15) days after the approval date by the Amherst Town Board.

DAMAGE

The contractor will be held responsible for all damage incurred to the project site(s) and/or the surrounding areas (public or private) such as, but not limited to: lawn damage, rutting, structural damage to buildings, structures, fences, sidewalks, driveways, etc. The contractor will, in the event of any damage, notify the Town immediately and shall make the necessary repairs by qualified personnel within a reasonable amount of time, or if agreed to by both parties, the Town will have the necessary repairs made and the Contractor will be billed for said repairs.

Payments during that corrective work period shall be held until such time as the necessary repairs have been made and approved by the Town.

PAYMENTS

The Contractor shall invoice the Town of Amherst monthly based on completed progress. All certified payrolls must be provided to the Town with each Contractor invoice. Please note that no payments shall be made on invoices that do not include the certified payrolls associated with the work. The Town will pay all complete invoices within thirty (30) days of receipt. Please note that the Town of Amherst is exempt from the payment of New York State Sale Tax.

Schedule of Values: Contractor shall provide a Schedule of Values allocating portions of the Contract Sum to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment.

Coordination: Correlate line items in the schedule of values with other required administrative forms and schedules, including the following:

1. Application for Payment forms with continuation sheets. (AIA G702 and G703)

2. Submittal schedule.

3. Submit the schedule of values to Architect at earliest possible date but no later than seven days before the date scheduled for submittal of initial Applications for Payment.

Allowances: Provide a separate line item in the schedule of values for each allowance.

Show line-item value of unit-cost allowances, as a product of the unit cost, multiplied by measured quantity. Use information indicated in the Contract Documents to determine quantities.

Application for Payment Forms: Use AIA Document G702 and AIA Document G703 as form for Applications for Payment.

Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. Architect will return incomplete applications without action.

1. Entries shall match data on the schedule of values and Contractor's construction schedule. Use updated schedules if revisions were made.

2. Include amounts for work completed following previous Application for Payment, whether or not payment has been received. Include only amounts for work completed at time of Application for Payment.

Bid Specifications Page 5 of 5

3. Include amounts of Change Orders and Construction Change Directives issued before last day of construction period covered by application.

4. The OWNER shall retain five percent (5%) of the amount due on each Application for both the work completed and materials stored. The OWNER reserves the right to retain a greater percentage in the event the CONTRACTOR fails to make satisfactory progress or in the event there is other specific cause for greater withholding.

Waivers of Mechanic's Lien: With each Application for Payment, submit waivers of mechanic's liens from subcontractors, sub-subcontractors, and suppliers for construction period covered by the previous application.

INTERPRETATION OF DOCUMENTS

If any person contemplating submitting a bid is in doubt as to the true meaning of any part of the specifications or other contract documents, or finds discrepancies in or omissions from the specifications, he may submit to the Facilities Department a written request for an interpretation or correction thereof. Such request shall be made no later than ten (10) days prior to the date of opening bids. The Facilities Department shall respond to such request at least five (5) days prior to the date for opening bids by means of an addendum which shall be forwarded to all prospective bidders.

POLITICAL SUBDIVISION EXTENSION

Political subdivisions and districts located wholly or partially within New York State may make material purchases from this bid within the same Terms and Conditions. Pursuant to General Municipal Law 103 (3), procurements through the Town of Amherst by political subdivisions and districts utilizing this bid are exempt from competitive bidding. This extension does not express or imply any guarantee nor does it bind the Town of Amherst contractually to purchases made by political subdivisions, districts or adjoining counties. The Town of Amherst grants the right, with vendor concurrence, to allow any county agency, department, and municipality or other eligible organization authorized under NYS General Municipal Law to participate under the award of this purchase or contract. However, it is understood that the extension of such contracts are entirely at the discretion of the vendor and the vendor is only bound to any contracts between the Town of Amherst and the vendor. This proposal in part or in whole shall become the basis of awarded contract and must meet all applicable standards set forth under NY GML and or local resolutions or updated versions thereof. Extension of contract terms to another entity is strictly between the vendor and participating entities and the Town of Amherst will be held harmless from any such activity. The Town of Amherst reserves the right to be informed of any such activity without obligation, written or implied.

END OF SPECIFICATIONS

AGREEMENT

This AGREEMENT, made as of the __________ day of __________________ by and between

____________________________, hereinafter referred to as the CONTRACTOR, and the Town of

Amherst, a municipal corporation of the State of New York, hereinafter referred to as the Town of

Amherst:

WHEREAS, in accordance with public open competitive bidding, sealed proposals were received and publicly opened by the Town of Amherst Contract Compliance & Administration Department on

______________________; and

WHEREAS, the Contractor’s bid submitted in accordance therewith, the sum of: $ ______________

Dollars, was the lowest responsible bid submitted; and

WHEREAS, a contract is herewith awarded to the Contractor by the Town of Amherst, in accordance with the provisions therein contained; and

WHEREAS, the Notice to Bidders and Specifications make provisions for entering into a proper and suitable contract in connection therewith;

NOW, therefore, the Contractor does hereby for its heirs, executors, administrators and successors agree with the Town of Amherst that, the Contractor shall for the consideration mentioned, and in the manner set forth in Accepted Invitation to Bid Project: ______________________________________, Specifications hereto, furnish the equipment and materials and perform the work and services described in the Accepted Bid for the above sum and upon completion and approval of the work, as per specifications.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above.

OWNER: CONTRACTOR:

TOWN OF AMHERST, NEW YORK ___________________________________

By ___________________________ ___________________________________

Town Supervisor (Address)

(Title)

Town Attorney

(Seal if by Corporation)

5. Bid Form – Page 1

TOWN PROJECT NO. 2025-YR-9A.1

BID FORM

Amounts to be shown in both words and numerals. In case of discrepancy, amounts shown in words will govern.

NOTE: Contractor is responsible for obtaining all permits required (all fees waived).

Base Bid: Main Pool Building Roof & Gutter Replacement as per Bid Documents I, the Contractor, agree to furnish all equipment, labor and materials to comply with the Bid Specifications, Technical Specifications, and Design Plans to perform the work described at the North Forest Pool – Roof & Gutter Replacement, located at 85 N Forest Road, Williamsville, NY 14221. I am responsible to obtain all permits (all fees waived) in accordance with the Contract Documents. I have included the Allowance value within my base bid.

Total Base Bid:

Dollars and Cents.

Figure

Allowance to replace plywood sheathing on roof (Assume twenty (20) 4’X8’ plywood roof sheets).

Unit cost = ____________________________ Dollars and _________________ Cents per 4’X8’ sheet.

Total allowance bid (assume twenty (20) 4’X8’ plywood roof sheet) = _____________________ Dollars and ___________________ Cents.

Figure

Unused allowance shall be credited back to Owner at the end of the Project.

Bid Alternate #1: Pavilion Roof & Gutter Replacement as per Bid Documents I, the Contractor, agree to furnish all equipment, labor and materials to comply with the Bid Specifications, Technical Specifications, and Design Plans to perform the work described at the North Forest Pool – Roof & Gutter Replacement, located at 85 N Forest Road, Williamsville, NY 14221. I am responsible to obtain all permits (all fees waived) in accordance with the Contract Documents. I have included the Allowance value within my base bid.

Total Alternate Bid:

Dollars and Cents.

Figure

5. Bid Form – Page 2

ADDENDA RECEIVED

Bidder acknowledges receipt of the Addenda listed below and further acknowledges that provisions of each Addendum have been included in the preparation of his bid. Any addenda issued by the Architect shall become part of the Contract Documents.

Addendum # Dated:

ALLOWANCES (Refer also to Section 012100)

I, the Contractor, have included the value of these Allowances within my Base Bid. I acknowledge that it is part of my Contract Value and that it shall only be used when so authorized in writing by the Owner.

I understand that unused Allowances shall be returned and credited to the Owner at the close of the project. Refer to specification Section 012100 “Allowances” for description of each allowance:

Allow-1 Allowance Amount: $ 3,000.00 Owner’s Instructions

TIME OF COMPLETION

Bidder agrees that the Work will be completed on or before the dates or within the number of days indicated in the Specifications. Bidder accepts the provisions of the Agreement in the event of failure to complete the Work on time.

The following documents are attached to and made a condition of this Bid:

1. Prevailing Wage Certification – Exhibit P

2. Iran Divestment Act Certification.

3. Non-Collusive Bidding Certificate.

4. NYS DOL Certificate of Contractor Registration

Respectfully submitted on __________________________________________________, 20 _______

5. Bid Form – Page 3

If BIDDER is:

An Individual

By ____________________________________________________________________________

(Individual's Signature)

Doing Business as _______________________________________________________________

License or Registration Number: ____________________________________________________

Business Address: _______________________________________________________________

Phone No.: _____________________________________________________________________

Email Address: __________________________________________________________________

A Partnership

By ___________________________________________________________________________

(Firm Name)

(Partner's Signature)

License or Registration Number: ____________________________________________________

Business Address: _______________________________________________________________

5. Bid Form – Page 4

A Corporation

By __________________________________________________________________________

(Corporation Name)

(State of Incorporation)

By __________________________________________________________________________

(Name of Officer Authorized to Sign)

(Title)

(Signature)

(CORPORATE SEAL)

Attest __________________________________________________________________________

(Secretary)

License or Registration Number: ____________________________________________________

Business Address: _______________________________________________________________

A Joint Venture

By __________________________________________________________________________

(Name)

(Address)

By __________________________________________________________________________

(Name)

(Address)

Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above).

End of Bid Form Section

Bidders Qualifications 1

BIDDER'S QUALIFICATIONS

FORM FOR INDIVIDUALS, PARTNERSHIPS, OR

PERSONS DOING BUSINESS UNDER ASSUMED NAMES

Official Name

Official Business Address

For Partnerships and Assumed Names Only:

Has Certificate been filed with County Clerk in which business is carried out?

YES ____ NO ____

Date of Filing Certificate

Names and Addresses of Individuals included in Certificates:

To be filled in by individuals, Partnerships and persons doing business under Assumed Names:

Names/Addresses/Phone Nos. of Individuals or Firms for whom similar work has been done:

Responsible Engineers/

Name and Location of Work Official/Phone Architects Date of work Cost

List Financial References:

Any additional information which may be of mutual benefit to both CONTRACTOR and Town of Amherst list on separate sheet and attach.

Bidders Qualifications 2

CORPORATE FORM

Official Corporate Name

Official Business Address

Incorporated Under laws of State of

Certificate of Incorporation filed in the Office of the Clerk of the County of

Date of Incorporation

Name, address and Official Title of Principal Officers of Corporation and Stockholders with ten percent (10%) or more of stock.

Names/addresses/phone nos. of Individuals or Firms for whom similar work has been done:

Responsible Engineers/

Name and Location of Work Official/Phone Architects Date of work Cost

List Financial References:

Any additional information which may be of mutual benefit to both CONTRACTOR and Town of

Amherst list on separate sheet and attach.

Bidders Qualifications 3

CERTIFICATE OF EQUIPMENT

I hereby certify that

_______________________________________________________________ are the owners or lessee of the equipment necessary for the execution of this Contract, and further certify that are fully prepared with the necessary capital, materials, and machinery to conduct this work as herein specified. The equipment available for the execution of this Contract is listed below:

Name of Bidder

BY

Title

Witness

END OF SECTION

Bid Bond 1

BID BOND

KNOWN ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound into in the penal sum of twenty-five hundred dollars, ($2,500) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successor and assigns.

Signed this day of , 20

The condition of the above obligation is such that whereas the Principal has submitted to a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the .

NOW THEREFORE,

(a) If said Bid shall be rejected, or in the alternate

(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form required by the

TOWN OF AMHERST specifications and shall in all other respects perform the agreement created by the acceptance of said Bid.

Then this obligation shall be void, otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Principal may accept such bids, and said

Surety does hereby waive notice of any such extension.

Bid Bond 2

IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

L.S.

Surety

By

(SEAL)

Bid Bond 3

Acknowledgment if

Contractor is an Individual, Partnership or Corporation

By:

Name:

Title:

Company:

STATE OF NEW YORK )

) ss:

COUNTY OF ERIE )

On_____________________________20____, before me, the undersigned, personally appeared_________________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person(s) upon behalf of which the individual(s) acted, executed the instrument.

Notary Public

Bid Bond 4

ACKNOWLEDGEMENT OF SURETY

State of

City of

I, , a Notary Public in and for the City and

State aforesaid, do certify that personally appeared before me in my City and State aforesaid and made oath that he is of the that is authorized by law to transact business in the State of New York; has complied with all laws relative to the execution of said bond; and that he is duly authorized to execute said bond for and on behalf of said company and to obligate the company with respect thereto.

My commission expires

Notary Public

Given my hand and seal this day of , 20

EXHIBIT “P”

NEW YORK STATE PREVAILING WAGE

*On contracts which are subject to New York Department of Labor Prevailing Wage laws and regulations, the contractor is required to submit certified payroll record every thirty (30) days after the issuance of your first payroll under this contract. Required forms are available at the New York Department of Labor's website:

https://labor.ny.gov/workerprotection/publicwork/PWFormsOnWeb.shtm

This project's PRC# 2026009904

The schedule can be found at the following link:

https://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt&id=1613808

In addition, if applicable, contractor is required to attach a copy of proof of completion of the OSHA 10 course to the first certified payroll submitted and on each succeeding payroll where any new or additional employee is first listed.

Failure to submit the legally required records will result in delayed payments.

Starting December 30, 2024, all contractors and subcontractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State Department of Labor (NYSDOL) under Labor Law Section 220-i.

https://dol.ny.gov/contractor-and-subcontractor-landing

The law defines a “contractor” as any entity entering into a contract to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication. The law defines “subcontractor” as any entity subcontracting with a contractor to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication, which is subject to Article 8 of the Labor Law. Contractors are responsible for verifying that any subcontractors they work with are registered.

Contractors and Subcontractors need to register before submitting any new bids or commencing new work on a covered project on or after December 30, 2024.

NYSDOL encourages all contractors and subcontractors to register as soon as possible to obtain a Certificate of Registration to avoid negatively impacting a bidding period or project schedule.

Vendor signature Dated

EXHIBIT “G”

NON-COLLUSIVE BIDDING CERTIFICATION

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief:

(1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

(3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.

NOTICE

(Penal Law, Section 210.45)

IT IS A CRIME, PUNISHABLE AS A CLASS A MISDEMEANOR UNDER THE LAWS OF THE STATE

OF NEW YORK, FOR A PERSON, IN AND BY A WRITTEN INSTRUMENT, TO KNOWINGLY MAKE

A FALSE STATEMENT, OR TO MAKE A FALSE STATEMENT, OR TO MAKE A STATEMENT

WHICH SUCH PERSON DOES NOT BELIEVE TO BE TRUE.

BID NOT ACCEPTABLE WITHOUT THE FOLLOWING CERTIFICATION:

Affirmed under penalty of perjury this day of , 20

FIRM NAME

ADDRESS

ZIP

AUTHORIZED SIGNATURE

PRINTED NAME OF AUTHORIZED SIGNATURE

TITLE _________________________________ TELEPHONE NO._________________________

EMAIL ADDRESS:

EXHIBIT “I”

IRAN DIVESTMENT ACT CERTIFICATION

As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a provision was added to the State Finance Law (SFL), Section 165-a, effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will develop a list (prohibited entities list) of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law). This list is posted on the OGS website.

By submitting a response to this solicitation, or by assuming the responsibility under a Contract/Lease awarded hereunder, Bidder/Contractor/Vendor (or any assignee) certifies that it will not utilize on such Contract/Lease any subcontractor that is identified on the prohibited entities list.

Additionally, Bidder/Contractor/Vendor is advised that any Bidder/ Contractor/Vendor seeking to renew or extend a Contract/Lease (or assume responsibility of a Contract/Lease awarded must certify at the time the Contract/Lease is renewed, extended or assigned that it is not included on the prohibited entities list.

During the term of the Contract/Lease, should the Town of Amherst (Town) receive information that a person is in violation of the above-referenced certification, the Town will offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its 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 appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages or declaring the Bidder/Contractor/Vendor in default.

The Town reserves the right to reject any Contract/Lease or request for assignment for an entity that appears on the prohibited entities list prior to the award of a Contract/Lease, and to pursue a responsibility review with respect to any entity that is awarded a Contract/Lease and appears on the prohibited entities list after Contract/Lease award.

Company Name: ____________________________________________

Signature: ____________________________________________

Print Name: ____________________________________________

Title: ____________________________________________

Date: ____________________________________________

Revised 8.2023

GENERAL TERMS & CONDITIONS

TOWN OF AMHERST CERTIFICATE OF INSURANCE

Minimum Insurance Standards for Contractors Engaged in Construction Projects

A. The subscribing insurance company certifies to the Town of Amherst, 5583 Main Street, Williamsville, NY 14221, that insurance policies as described below have been issued to the insured named below and are in force at this time:

Description of Work: North Forest Pool – Roof & Gutter Replacement

QUALIFICATIONS OF BIDDERS

Bidders shall be experienced in the kind of Work to be performed, shall have the necessary equipment and shall possess sufficient capital to properly execute the work within the time allowed. As evidenced of their competency to perform the Work, Bidder shall complete and submit with their Bid, the statement of Bidder’s qualifications and resources, which is bound in the Project Manual. Low Bidders may be asked to furnish additional data to demonstrate competency. Bids received from Bidders who have previously failed to complete similar work within the time required, or who have previously performed similar work in an unsatisfactory manner, may be rejected. A Bid may be rejected if Bidder cannot show that he has the necessary ability, plant and/or equipment to commence the Work at the time prescribed and thereafter to prosecute and complete the Work at the rate or within the time specified. A Bid may be rejected if Bidder is already obligated for the performance of other work that would delay the commencement, prosecution, or completion of the Work defined herein.

CONTRACTOR AND PARTY-IN-INTEREST INSURANCE

The CONTRATOR or Party-in-Interest shall procure and maintain at his own expense, and without expense to the Town of Amherst, until final acceptance by the Town of Amherst of the work covered by the Contract, and thereafter at such times during the one-year period that the CONTRACTOR or Party-in-Interest shall return to the project site to correct defects or complete any items under the Contract, insurance for liability for damages imposed by law, of the kinds and in the amount hereinafter provided, from insurance companies authorized to do such business in the State of New York, covering all operations under the Contract, whether performed by him or by subcontractors. Before commencing the work, the CONTRACTOR or Party-in- Interest shall furnish to the Town of Amherst, a certified copy of the original policy, and such number as the Town of Amherst may request of a Certificate or Certificates of Insurance in form satisfactory to the Town of Amherst which certificate or certificates shall provide that in the event of cancellation, change or non-renewal of the policies, the company will give thirty (30) days advance written notice to the Town of Amherst at the address listed above.

WORKER’S COMPENSATION INSURANCE

A policy covering the obligations of the Contract in accordance with the provisions of Chapter 41 of the Laws of 1914, as amended, known as the Worker’s Compensation Law covering all operations under the Contract, whether performed by him or his subcontractors. The Contract shall be void and of no effect unless the person or corporation making or executing the same shall secure compensation coverage for the benefit of, and keep insured during the life of said Contract, such employees in compliance with the provisions of the Worker’s Compensation Law. (State Finance Law, Section 142).

DISABILITY BENEFITS

A policy covering the obligations of the CONTRACTOR of Party-in-Interest in accordance with Article 9 of the Workmen’s Comp Law.

LIABILITY AND PROPERTY DAMAGE INSURANCE

Unless otherwise specifically required by the special specifications, each policy with limits of not…