TOWN OF GUILDERLAND

BID DOCUMENTS

KEENHOLTS PARK

ATHLETIC FIELD LIGHTING

Town of Guilderland PO Box 339

5209 Western Turnpike Guilderland, NY 12084 Phone: (518) 356-1980

Issue Date: September 10, 2026

Bids Due By: 2:30 PM, October 2, 2026

KEENHOLTS PARK ATHLETIC FIELD LIGHTING

TABLE OF CONTENTS

ADVERTISEMENT FOR BIDS

INSTRUCTIONS TO BIDDERS

STANDARD FORM OF AGREEMENT

BID FORMS

1. BID FORM – PROPOSAL

2. NON-COLLUSION AFFIDAVIT OF BIDDER

3. NON-DISCRIMINATION STATEMENT

4. IRANIAN ENERGY SECTOR DIVESTMENT CERTIFICATION

TECHNICAL SPECIFICATIONS

SECTION 001010 – SUMMARY OF WORK

SECTION 265668 – EXTERIOR ATHLETIC LIGHTING

SITE DRAWING

FOUNDATION DESIGN

CONTROL SYSTEM SUMMARY

INSTALLATION INSTRUCTIONS

END OF TABLE OF CONTENTS

Town of Guilderland Keenholts Park Athletic Field Lighting

NOTICE OF REQUEST FOR BIDS Page | 1

NOTICE OF REQUEST FOR BIDS

ALBANY COUNTY, NEW YORK

NOTICE IS HEREBY GIVEN that sealed Bids will be received until 2:30 pm, October 2, 2026 at the Town of Guilderland Town Hall, P.O. Box 339, 5209 Western Turnpike, Guilderland, New York 12084 at which time Bids will be publicly opened and read aloud for the Town of Guilderland – KEENHOLTS PARK ATHLETIC FIELD LIGHTING.

Project scope shall include:

1. Installing a new light-structure system at a softball field in Keenholts Park. Light system consisting of lights, poles, and foundations will purchased directly by the Town and delivered to the site.

2. Installing all electrical wiring, panel, and other appurtenances to complete the system.

An optional pre-bid meeting will be held at the Town of Guilderland Keenholts Park, 6363 French's Mill Road, Guilderland, NY 12009 on September 23, 2026 at 2:00 pm.

Any questions should be directed to Jeff Valletta, Director of Parks and Recreation, at vallettaj@townofguilderland.gov or Jesse Fraine, Town Engineer, at frainej@townofguilderland.gov.

Bids should exclude sales and compensating use taxes on materials incorporated into the work.

The successful bidders, to whom the contract is awarded, will be required to provide a payment and performance bond equal to the full amount of the Contract. The Contractor must insure that employees, and applicants for employment are not discriminated against because of their race, creed, color, religion, sex or national origin. New York State and Federal Prevailing Wage Requirements shall apply to this project.

No Bids will be received or considered after the time stated above. One original and one copy of the proposal forms must be submitted in a sealed envelope bearing the name and address of the bidder and clearly marked “TOWN OF GUILDERLAND – KEENHOLTS PARK ATHLETIC FIELD LIGHTING” and delivered to the Town Clerk at the Town of Guilderland Town Hall or sent to: Lynne Buchanan, Town Clerk, PO Box 339, Guilderland, NY 12084.

Digital copies of the Bid Documents may be obtained beginning on September 10, 2026 by emailing Lynne Buchanan at the Town of Guilderland at buchananl@townofguilderland.gov or downloading them from the Empire State Purchasing Group at www.bidnetdirect.com/new-york/townofguilderland. Registration shall be required to use BidNet. If bidders need assistance registering, downloading, or submitting a response electronically, please contact Bid Net's Vendor Support Department at 800-835-4603, Option 2.

Complete hardcopy sets of the Bid Documents may be obtained from Town of Guilderland Town Hall, P.O. Box 339, 5209 Western Turnpike, Guilderland, New York 12084, upon depositing the mailto:vallettaj@townofguilderland.gov mailto:frainej@town mailto:buchananl@townofguilderland.gov

Town of Guilderland Keenholts Park Athletic Field Lighting

NOTICE OF REQUEST FOR BIDS Page | 2 sum of One Hundred Dollars ($100.00) for each set of documents. Checks or money orders shall be made payable to TOWN OF GUILDERLAND. Cash deposits will not be accepted. Any bidder requiring documents to be shipped shall make arrangements with the Town Clerk and pay for all packaging and shipping costs.

Any addenda to the Bid Documents will be distributed to registered bidders based on how the documents were received. Interested bidders who requested the Bid Documents directly from the Town will be registered with the Town Clerk. Additionally, interested bidders who downloaded the Bid Documents from Empire State Purchasing Group will be registered and notified by BidNet.

The Owner reserves the right to waive any informalities or irregularities in the Bids received, or to reject any or all Bids without explanation.

By Order of the Town of Guilderland Peter G. Barber, Supervisor

Town of Guilderland INSTRUCTIONS TO BIDDERS - Page 1

INSTRUCTIONS TO BIDDERS

1.0 DEFINED TERMS

The term "Bidder" means one who submits a Bid directly to OWNER, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on the basis of OWNER'S evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes Instructions to Bidders, the Bid Form, all Specifications and Contractual Documents including plans and addenda issued prior to receipt of bids, and all Documents.

2.0 COPIES OF BIDDING DOCUMENTS

2.1 Complete sets of Bidding Documents must be used in preparing Bids; OWNER does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

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

3.0 QUALIFICATIONS OF BIDDERS

To demonstrate qualifications to perform the work, each Bidder must submit written evidence, such as financial data, previous experience, present commitments and other such data as may be called for in the statement of qualifications form attached hereto. Each Bid must contain evidence of Bidder's qualification to do business in New York State or covenant to obtain such qualification prior to award of the contract.

4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

4.1 It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract

Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify OWNER of all conflicts, errors or discrepancies in the Contract Documents.

4.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site are based upon information and data furnished to OWNER by owners of such Underground Facilities or others, and OWNER does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise.

Town of Guilderland INSTRUCTIONS TO BIDDERS - Page 2

4.3 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

4.4 On request in advance, OWNER will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations.

4.5 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by

CONTRACTOR.

4.6 The submission of a Bid will constitute an incontrovertible representation by Bidder that

Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

5.0 INTERPRETATIONS AND ADDENDA

5.1 All questions about the meaning or intent of the Contract Documents are to be directed to

OWNER. Interpretations or clarifications considered necessary by OWNER in response to such questions will be issued by Addenda mailed, faxed or delivered to all parties recorded by OWNER 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 formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

5.2 Addenda may also be issued to modify the bidding Documents as deemed advisable by

OWNER.

6.0 CONTRACT TIME / DELIVERY SCHEDULE

A schedule of availability and lead times on all items included in the bid shall be submitted with the Bid

Town of Guilderland INSTRUCTIONS TO BIDDERS - Page 3

7.0 SUBSTITUTE "OR EQUAL" ITEMS

The Contract, if awarded, will be on the basis of materials and equipment described in the Specifications without consideration of possible substitute "or equal" items. Whenever it is indicated that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to QWNER, application for such acceptance will not be considered by OWNER until after the Effective Date of Agreement. The submission of any such application by CONTRACTOR and consideration by OWNER shall follow the Submittal procedure.

8.0 NON-COLLUSION AFFIDAVIT

8.1 Each Bidder submitting a bid for any portion of the work contemplated by the documents on which Bidding is based shall execute and attach thereto a non-collusion affidavit in the form provided, to the effect that he has not colluded with any other person, firm or corporation in regard to any Bid submitted.

8.2 Before executing any subcontract the successful Bidder as CONTRACTOR shall submit the name of any proposed subcontractor for prior approval and an affidavit by the subcontractor in the form as that submitted by the Bidder.

9.0 IRANIAN ENERGY SECTOR DIVESTMENT CERTIFICATION

9.1 Each Bidder submitting a bid for any portion of the work contemplated by the documents on which Bidding is based shall execute and attach thereto the Iranian Energy Divestment Certification in the form provided.

10.0 UNIT PRICES

10.1 The unit price for each of the items of the Bid of each Bidder shall include its pro rata share of overhead and profit obtained by multiplying the quantity shown for each item by the unit price Bid represents the total Bid. Any Bid not conforming to this requirement may be rejected as informal.

10.2 Unbalanced Bids may be rejected. Where prices in the bid are unrealistic to the reasonably estimated cost of performing the work, Bids may be considered as informal and may be rejected.

10.3 The Owner reserves the right to negotiate any and all unit prices bid.

11.0 BID FORM

Town of Guilderland INSTRUCTIONS TO BIDDERS - Page 4

11.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from OWNER.

11.2 All blanks on the Bid Form must be completed in ink or by typewriter.

11.3 Bids must be legible, contain no omissions, alterations or additions.

11.4 Bids must contain both numerical figures and words. In event, of a discrepancy between the numerical figures and words, the words supersede the numerical figures in determining the unit bid price.

11.5 Bids by corporations must be executed in the corporate name by the President or a Vice-

President (or other corporate officer, accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the Secretary or an Assistant Secretary. The corporate address and state of incorporation must be shown below the signature.

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

11.7 All names must be typed or printed below the signature.

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

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

12.0 SUBMISSION OF BIDS

Bids shall be submitted at the time and placed indicated in the Advertisement for Bids and shall be enclosed in an opaque sealed envelope, marked with the contract title, and name and address of the Bidder and accompanied by the Bid security and all other completed bid forms. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with notation "BID ENCLOSED" on the face of it.

13.0 MODIFICATION AND WITHDRAWAL OF BIDS

13.1 Bids 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 at any time prior to the opening of Bids.

13.2 If, within twenty-four 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 the bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder

Town of Guilderland INSTRUCTIONS TO BIDDERS - Page 5 will be disqualified from further bidding on the work to be provided under the Contract Documents.

14.0 OPENING OF BIDS

Bid will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of the Bids will be made available to Bidders after the opening of Bids.

15.0 BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

16.0 AWARD OF CONTRACT

16.1 OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the work and to negotiate contract terms with the Successful Bidder, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies in 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.

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

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

17.0 SIGNING OF AGREEMENT

When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within five days thereafter CONTRACTOR shall sign and deliver required number of counterparts of the Agreement and attached documents to OWNER with required Bonds.

Within ten days thereafter OWNER shall deliver one fully signed counterpart to CONTRACTOR.

Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification.

Town of Guilderland INSTRUCTIONS TO BIDDERS - Page 6

18.0 SALES AND USE TAXES

OWNER is exempt from New York State Sales and Use Taxes on materials and equipment to be incorporated in the work. Said taxes shall not be included in the Contract Price.

19.0 MISCELLANEOUS

19.1 The Contract will not allow cost increase due to inflation.

END OF SECTION

TOWN OF GUILDERLAND STANDARD FORM OF AGREEMENT | PAGE 1

STANDARD FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

ON THE BASIS OF A STIPULATED PRICE

ARTICLE 1 - PARTIES TO CONTRACT.

THIS AGREEMENT is dated as of the day of September in the year 2026 by and between the Town of Guilderland, NY (hereinafter called OWNER) and

(hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 2 - WORK.

2.01 CONTRACTOR shall complete all Work as specified or indicated in Scope of Work provided in

CONTRACTOR’S Proposal. The Work is generally described as follows: Keenholts Park Athletic Field Lighting.

ARTICLE 3 - CONTRACT TIMES.

3.01 The Work will be substantially complete and operational within 160 days from issuance of the Notice to Proceed and completed and ready for final payment within 60 days after Substantial Completion.

3.02 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this

Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.01 above, plus any extensions thereof allowed in accordance approved Change Orders. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Thousand and 00/100 dollars ($ 1,000.00) for each day that expires after the time specified in paragraph 3.01 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.01 for completion and readiness for final payment or any proper extension thereof granted by OWNER. CONTRACTOR shall pay OWNER One Thousand and 00/100 dollars ($1,000.00) for each day that expires after the time specified in paragraph 3.01 for completion and readiness for final payment.

3.03 In addition to the liquidated damages set forth above, the CONTRACTOR shall be liable for all additional costs incurred by the OWNER for engineering and inspection services that extends beyond the substantial completion time specified in the Contract Documents.

ARTICLE 4 - CONTRACT PRICE.

4.01 The total estimated amount of based on the prices set forth in the

CONTRACTOR’S Proposal.

TOWN OF GUILDERLAND STANDARD FORM OF AGREEMENT | PAGE 2

OWNER shall pay CONTRACTOR for completion of the Work in accordance with this Agreement and the Schedule of Values, an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.02 and 4.03 below:

4.02 For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.02

4.03 Estimated quantities of Unit Price Work are not guaranteed, and determinations of actual quantities and classification are to be made by OWNER based on completed work.

ARTICLE 5 - BONDS AND INSURANCE.

5.01 Before starting Work, Contractor shall furnish a performance bond and a payment bond from surety companies that are duly licensed or authorized to issue bonds in the required amounts in the jurisdiction in which the Project is located. Each bond shall be in an amount equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. These bonds shall remain in effect until the completion of the correction period and, not less than one year after the date when final payment becomes due.

5.02 Before starting Work, Contractor shall furnish evidence of insurance from companies that are duly licensed or authorized in the jurisdiction in which the Project is located with a minimum AM Best rating of A-VII or better. Contractor shall provide insurance in accordance with the following:

A. Statutory Requirements. The contractor shall secure and keep in force all insurances in such amounts as are required by New York State Law and the laws of the United States, including: Worker's Compensation Insurance, NYS Disability Insurance, Unemployment Insurance.

B. Commercial General Liability Insurance, written on an occurrence form, on a primary and non-contributory basis, by insurance companies authorized to write insurance in New York, insuring against bodily injury and property damage in the following amounts:

1. Each Occurrence $1 million

2. General Aggregate $2 million*

3. Personal and Advertising Injury $1 million

4. Products-Completed Operations Aggregate $1 million

5. Fire Damage – any one fire $50,000 dollars

6. Medical Expense – any one person $5,000 dollars

7. Property Damage insurance to include coverage for explosion, collapse and underground hazards.

* The general aggregate limit applies per project.

C. Automobile Liability insurance covering bodily injury and property damage for owned, non-owned and hired motor vehicles with a combined single limit of liability in the amount of $1 million dollars.

D. Umbrella liability insurance policy covering bodily injury and property damage in the amount of $1million dollars.

TOWN OF GUILDERLAND STANDARD FORM OF AGREEMENT | PAGE 3

5.03 All insurance policies required to be purchased and maintained will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the insured and additional insured.

5.04 Automobile liability insurance provided by Contractor shall provide coverage against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis.

5.05 The Contractor’s commercial general liability and automobile liability, umbrella or excess, and pollution liability policies shall include and list Owner and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each as additional insureds;

and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis.

5.06 The Contractor shall provide property insurance covering physical loss or damage during construction to structures, materials, fixtures, and equipment, including those materials, fixtures, or equipment in storage or transit.

ARTICLE 6 - PAYMENT PROCEDURES.

6.01 CONTRACTOR shall submit Applications for Payment once per month. The Schedule of Values established will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to OWNER. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period.

6.02 Progress Payment & Retainage. OWNER shall make progress payments on account of the Contract

Price on the basis of CONTRACTOR's Applications for Payment on or about the last day of each month during construction as provided in paragraphs A and B below. All such payments will be measured by the schedule of values and in the case of Unit Price Work based on the number of units completed.

A. Prior to substantial completion of the entire project, the CONTRACTOR shall be paid up to

95% of the amount for the work completed, with the 5% balance being retainage.

B. Upon Substantial Completion of the entire project, the OWNER may increase total payments to CONTRACTOR to 100% of Contract Price, less an amount equal to double the value of the remaining work or the retainage whichever is less, provided the OWNER receives a release of surety from the CONTRACTOR.

6.03 Final Payment. Upon final completion and acceptance of the Work, the CONTRACTOR shall submit consent of surety to final payment and release of liens. OWNER shall pay the remainder of the Contract Price.

ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS.

In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

TOWN OF GUILDERLAND STANDARD FORM OF AGREEMENT | PAGE 4

7.01 CONTRACTOR has examined and carefully studied the Contract Documents (including the

Addenda) and the other related data identified in the Bidding Documents including "technical data."

7.02 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work.

7.03 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and

Regulations that may affect cost, progress, performance and furnishing of the Work.

7.04 CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto.

CONTRACTOR does not consider that any additional examinations, investigation, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents.

7.05 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents.

7.06 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.

7.07 CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

ARTICLE 8 - CONTRACT DOCUMENTS.

8.01 The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following:

A. This Agreement

B. Exhibits to this Agreement

C. Performance, Payment, and other Bonds (if required)

D. Notice to Proceed

E. Bid Documents Titled: Keenholts Park Athletic Field Lighting

F. Drawings with each sheet bearing the following general title: __________________

TOWN OF GUILDERLAND STANDARD FORM OF AGREEMENT | PAGE 5

G. Addenda numbers _ to _, inclusive.

H. CONTRACTOR's Bid

I. Documentation submitted by CONTRACTOR prior to Notice of Award.

J. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents.

8.02 The documents listed in paragraphs B. et seq. above are attached to this Agreement (except as expressly noted otherwise above).

8.03 There are no Contract Documents other than those listed above in Article 8. The Contract Documents may only be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order.

ARTICLE 9 - MISCELLANEOUS.

9.01 No assignment by a party hereto of any rights under or interests in the Contact Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment. No assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.02 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.

9.03 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or

Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

9.04 The CONTRACTOR shall defend, indemnify, and save harmless the OWNER, its employees and agents, from and against all claims, damages, losses and expenses (including, without limitation, reasonable attorney’s fees) arising out of, or in consequence of, any negligent or intentional act or omission of the CONTRACTOR, its employees or agents, to the extent of its responsibility for such claims, damages, losses and expenses.

ARTICLE 10 - CONTRACTOR’S AGREEMENT CERTIFICATION

IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR

This Agreement will be effective on 20 26 (which is the Effective Date of the Agreement).

TOWN OF GUILDERLAND STANDARD FORM OF AGREEMENT | PAGE 6

OWNER____________________________ CONTRACTOR_________________________________

By:___________________________________ By:________________________________________

BID FORMS

Town of Guilderland BID FORM - Page 1

PROPOSAL

Date: ______________________

Proposal of (company name) _________________________________________________________

______________________________________________________________________________ to furnish and deliver all material and do and perform all work in accordance with the Specifications, Drawings, and

Contract Documents titled: “Keenholts Park Athletic Field Lighting” for Town of Guilderland, Albany

County, New York.

To: TOWN OF GUILDERLAND

P.O. BOX 339, 5209 WESTERN TURNPIKE

GUILDERLAND, NEW YORK 12084

The undersigned bidder has carefully examined the site of the work, is familiar with existing conditions, and has carefully examined the Plans, Specifications, Contract Documents, and Addenda. The Contractor shall provide all necessary insurance, labor, materials, supplies, overhead, profit, etc. required to furnish and warranty the generators, as called for by the Bid Documents according to the following unit prices. The unit price is to be shown in both words and figures. In the event of discrepancies, the amount shown in words shall govern. Bids must be legible, contain no omissions, alterations, or additions. All items are to be furnished and delivered in place complete.

The undersigned further understands that the contract will be awarded to the competent, qualified bidder submitting the lowest bid

ADDENDA ACKNOWLEDGMENT

Addendum # Date Received

1. The undersigned Bidder, having familiarized oneself with the complete Bid Documents (plans, specifications), and all matters affecting the cost of the Work, hereby proposes to complete all Work as specified or indicated in Section 001010: “Summary of Work” of the Bid Documents for:

Town of Guilderland Bid Form Table Keenholts Park Athletic Field Lighting

Base Bid

BID ITEM QUANTITY UNITS WRITE OUT ITEM BID PRICE

1 Mobilization 1 LS

2 Site Excavation 1 LS

3 Install ONLY Light-Structure System Light Poles, foundations, and fixtures

1 LS

4 Electrical Install electric from panel to poles and fully connect to utility

1 LS

5 Final Site Restoration 1 LS

WRITE OUT TOTAL BID PRICE

TOTAL BID PRICE

FIGURES

ITEM BID PRICE

FIGURES

TOTAL BID

(write out both in words and figures)

04.2 Bid Form- Keenholts Lighting.xlsx BID FORM - Page 3

Town of Guilderland BID FORM - Page 3

The undersigned also agrees as follows:

1. The total contract price bid shall be accepted as full compensation for the complete work subject to additions or deductions in quantity of work performed or changes agreed upon.

2. Within five (5) days from the date of "Notice of Award" of the Proposal, to execute the contract and to furnish a satisfactory labor, material and performance bond in the amount of 100% of the contract price.

3. To make the work substantially complete and operational within the time frame outlined in the submitted schedule from the date of issuance of "Notice to Proceed".

4. To comply with requirements as to the conditions of employment, wage rates and hours set forth in the bidding documents.

Bidder ____________________________________________________

By: _________________________________ Date: ________________

Address: ___________________________________________________

CORPORATE SEAL

Subscribed and sworn to before me this

_________ day of ___________________, 19 _____

Title

My Commission Expires: _____________________

Date

Town of Guilderland

ALBANY COUNTY, ROUTE 20

P.O. BOX 339

GUILDERLAND, NY 12084-0339

(518) 356-1980

FAX: (518) 356-3955

Peter G. Barber Lynne M. Buchanan

Supervisor Town Clerk

NON-COLLUSIVE BIDDING CERTIFICATE

By Submission of this bid, each bidder and each person signing on behalf of any bidding certifies, and in a case of joint bid, each party thereto certifies as to his/her own organization, under penalty of perjury, that to the best of their 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 bidding or competitor,

2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder prior to opening, directly or indirectly, to any bidder or 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.

Legal Name of person, firm, or corporation

By:_______________________________________________________

Title:_____________________________________________________

Date: _____________________________________________________

WAIVER OF IMMUNITY CLAUSE

By signing above you agree that to the extent that the Company has or hereafter may acquire any immunity (sovereign or otherwise) from any legal action, suit or proceeding, from jurisdiction of any court or from set-off or any legal process (whether service or notice, attachment in aid or otherwise) with respect to itself or any of its property, the Company hereby irrevocably waivers and agrees not to plead or claim such immunity in respect of its obligations under this Agreement.

02/2023 https://www.lawinsider.com/clause/waiver-of-immunity

Town of Guilderland NON-DISCRIMINATION STATEMENT - Page 1

NON-DISCRIMINATION STATEMENT

In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, disability or marital status.

To the extent that such services are to be provided pursuant to the contract, the following paragraph is required:

Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the state of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex or national origin: a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work: b) discriminate against or intimidate any employee hired for the performance of work under this contract.

Signature:

Title:

Town of Guilderland NON-DISCRIMINATION STATEMENT - Page 2

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IRANIAN ENERGY SECTOR DIVESTMENT CERTIFICATION

1. Contractor/proposer hereby represents that said contractor/proposer is in compliance with New York State General Municipal Law Section 103-g entitled "Iranian Energy Sector Divestment", in that said contractor/proposer has not:

a) Provided goods or services of $20 million or more in the energy sector of Iran including but not limited to the provision of oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran; or

b) Acted as a financial institution and extended $20 million or more in credit to another person for forty-five (45) days or more, if that person's intent was to use the credit to provide goods or services in the energy sector in Iran.

2. Any contractor/proposer who has undertaken any of the above and is identified on a list created pursuant to Section 165-a (3) (b) of the New York State Finance Law as a person engaging in investment activities in Iran, shall not be deemed a responsible bidder pursuant to Section 103 of the New York State General Municipal Law.

3. Except as otherwise specifically provided herein, every contractor/ proposer submitting a bid/proposal in response to this request for bids/request for proposals must certify and affirm the following under penalties of perjury:

a) "By submission of this bid, each bidder and each person signing on behalf of any bidder certifies and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief, that each bidder is not on the list created pursuant to NYS Finance Law Section 165-a (3) (b)."

The Town will accept this statement electronically in accordance with the provisions of Section 103 of the General Municipal Law.

4. Except as otherwise specifically provided herein, any bid/proposal that is submitted without having complied with subdivision (a) above, shall not be, considered for award. In any case where the bidder/proposer cannot make the certification as set forth in subdivision (a) above, the bidder/proposer shall so state and shall furnish with the bid a signed statement setting forth in detail the reasons therefore. The Town reserves its rights, in accordance with General Municipal Law Section 103-g to award the bid/proposal to any bidder/proposer who cannot make the certification, on a case-by-case basis under the following circumstances:

IRANIAN ENERGY SECTOR DIVESTMENT CERTIFICATION

a) The investment activities in Iran were made before April 12, 20 I 2, the investment activities in Iran have not been expanded or renewed after April 12, 2012 and the bidder/proposer has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

b) The Town has made a determination that the goods or services are necessary for the Town to perform its functions and that, absent such an exemption, the Town would be unable to obtain the goods or services for which the bid/proposal is offered. Such determination shall be made by the Town in writing and shall be a public document.

Signature Title

Company Name Date

State of )

SS: County of ,)

On this day of , 20 , before me personally came and appeared to me known and known to me to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same.

TECHNICAL SPECIFICATIONS

SECTION 001010

SUMMARY OF WORK

01010-1 Town of Guilderland.

PART 1. GENERAL

1.01 SUMMARY

A. Base Bid consists of installing a new light-structure system at a softball field in Keenholts Park B. The OWNER will purchase the Light-Structure System and provide to the CONTRACTOR to install.

C. Contractor shall provide submittals and shop drawings for major components of the work.

D. Contractor shall provide a schedule of values for the OWNER’s approval prior to commencing work. This schedule shall serve as the basis for payment.

E. The Contractor shall attend progress meetings and provide written reports as to progress and schedule at regular intervals and when so requested by the OWNER.

1.02 PROJECT AND SITE CONDITIONS

A. CONTRACTOR is responsible for inspecting all work locations and familiarizing himself with conditions affecting the work prior to submitting a bid for the work.

B. The CONTRACTOR is responsible to locate and protect all utilities. Relocation and other planned expenses shall be an allowable expense under this Contract. Repair of damage resulting from the Contractor’s negligence or lack of planning shall be the responsibility of the Contractor.

1.03 COORDINATION WITH UTILITY COMPANIES

A. The CONTRACTOR shall notify U-Dig NY and pertinent utility companies 72 hours in advance of doing any work at or adjacent to utilities.

1.04 ESTIMATE OF QUANTITIES

A. Bid Items and estimated quantities are presented on the Bid Form included in these Contract Documents. The estimated quantities for unit price pay items are approximate only and are included solely for the purpose of comparison of bids.

B. The OWNER does not expressly or by implication agree that the nature of the materials encountered below the surface of the ground or the actual quantities of materials encountered or required will correspond therewith and reserves the right to increase or decrease any quantity or to eliminate any quantity as OWNER may deem necessary.

C. CONTRACTOR will not be entitled to any adjustment in a unit bid price as a result of any change in an estimated quantity and agrees to accept the aforesaid unit bid prices as complete and total compensation for any additions or deductions caused by a variation in quantities, as a result of more accurate field measurement or by any changes or alterations in the Work ordered by the OWNER. If the actual quantities measured in the field are 100 percent over the original estimated quantities, then the unit price may be adjusted by negotiation.

D. This Summary of Work is not intended to substitute for thorough review of all Contract Documents by the CONTRACTOR. Items not specifically included in the Summary of Work but required for a specified Bid Item or described in the contract documents and Specifications are the responsibility of the CONTRACTOR to complete. The CONTRACTOR shall include the cost of completing these items in the Bid Item most closely associated to the work item in question. No additional compensation will be provided to the CONTRACTOR for any of these items.

1.05 UNIT PRICE WORK REQUIREMENTS INCLUDE

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A. This section identifies Bid items by number and lists applicable Specification sections and method of measurement and payment.

B. Provide all labor, materials, equipment, supplies, supervision, and all services necessary to furnish and install each Bid item as required by Contract Documents.

1.06 MEASUREMENTS FOR PAYMENT

A. Bid items

1. For unit price items, the CONTRACTOR shall be paid based on actual quantities measured in the field as shown on the pay limits of the contract plans and described in the bid form times the unit price on the bid form. The measurement for each bid item is listed under Part 3 of this specification.

2. For lump sum items, the CONTRACTOR shall be paid either by partial payments or Lump Sum after the completion of the bid item. For partial payments, the CONTRACTOR shall submit for OWNER’s review and approval a “schedule of values” that shall provide the basis for partial payments. The total costs of all components of work shall equal the Lump Sum bid for this Item.

B. CONTRACTOR shall prepare monthly payment requests in a standard form as given by the OWNER. CONTRACTOR shall review a preliminary payment request with the OWNER prior to submittal of the formal request.

C. On a daily basis as required, CONTRACTOR shall review daily production and payment quantities with the OWNER.

D. After the completion of the project, the measurements for each bid item shall be re-measured.

The remaining payments from the OWNER to the CONTRACTOR shall be adjusted accordingly to the final measurements of the bid items.

PART 2. PRODUCTS

A. This section is not used. Refer to individual specification sections for more information on each bid item.

PART 3. EXECUTION

3.01 MOBILIZATION AND GENERAL CONSTRUCTION

A. Mobilization and General Construction bid item for the project shall be no more than the maximum 3.0 percent of the total contract cost.

B. Measurement and Payment for these items will be made as progress payments against the

Lump Sum Prices on the Bid Form included in the Contract Documents.

C. Payment under this Item shall be the same regardless of whether additional work is done or if the Contract is extended.

1. Upon completion of mobilization as approved by the OWNER, two-third (2/3) of the items shall be considered complete and payments made.

2. The remainder of the payments under this Item shall be made on a regular monthly basis that accounts for equal payment for General Construction Work throughout the Contract schedule, except that OWNER may withhold such payments for failure to complete General Construction work not specifically included elsewhere in the Documents, provided 10-days advance written notice has been provided to CONTRACTOR of the deficiency.

D. The lump sum bid shall include all costs for labor, materials, equipment, and supplies required to complete the work including:

1. Record Drawings, Project Photos, Pre-construction Photos and Videos.

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2. Coordination of all inspections.

3. Maintenance and documentation of project schedule.

4. Procurement and maintenance of required insurance and bonds.

5. Shop drawings and material submittals.

6. As-built drawings.

7. Health and Safety Plans.

8. Mobilization of equipment and work force.

9. All required permits.

10. All other work required by the Contract Documents but not listed individually under other Bid Items.

Bid Item 1 – Mobilization and General Construction

3.01 SITE EXCAVATION

A. Measurement for payment for this item will be made on a Lump Sum basis and no

Measurement for Payment shall be made. Payment for this item shall be made based on the Lump Sum bid on the Bid Forms in the Contract Documents. Partial payments shall be based on the approved schedule of values.

B. The lump sum price bid shall include all costs for labor, materials, equipment, and supplies required to complete the work including:

1. Layout and field survey.

2. Site preparation including all clearing and grubbing and the proper disposal of excess materials.

3. Excavation, temporary sheathing, shoring, and bracing.

4. Excavation necessary for all site work, pole foundations, and electric.

5. Environmental controls and protection as required by the plans and permits.

6. All clearing and Grubbing.

7. All rock removals.

8. Disposal of all excavated material which is unsuitable for unclassified backfill and disposal of all excess material per NYS DEC requirements

9. Other appurtenant and incidental work.

Bid Item 2 – Complete all site excavations according to these Contract Documents and the above conditions.

3.02 INSTALL LIGHT-STRUCTURE SYSTEM

A. Measurement for payment for this item will be made on a Lump Sum basis.

B. Payment for this item shall be made based on the Lump Sum bid on the Bid Forms in the

Contract Documents. Partial payments shall be based on the approved schedule of values.

C. The Lump Sum Price bid shall include all costs for labor, materials, equipment, overhead & profit, and supplies required to complete the work including:

1. Install the new Light-Structure System.

2. Install precast concrete bases and all required backfill per the contract drawings and the installation manual.

3. Install galvanized steel poles and luminaires.

4. Complete all necessary work to install the remote electrical component enclosures and the wire harnesses.

5. Aim lights per manufactures guidelines.

6. Test and Calibration (by a manufacturer-approved vendor)

7. Provide owner training

8. Provide warranty and manufacturer documentation to OWNER.

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9. All other appurtenant and incidental work to provide functioning field lights.

Bid Item 3 – Install Light-Structure System

3.03 ELECTRICAL

Measurement for Payment shall be made.

B.…