GJJWTF project manual (1).pdf

PROJECT MANUAL

for the

GJJWTF Emergency Slope Repair

PO-14081-A

City of Johnstown

Fulton County

September 2024

Prepared For:

Gloversville-Johnstown Joint Wastewater Treatment Facility (GJJWTF)

Prepared By:

Greenman-Pedersen, Inc.

80 Wolf Road, Suite 600

Albany NY 12205

This is a Project has been prepared in accordance with the Standard Specifications officially finalized and adopted on May 1, 2024 as posted on the New York State Department of Transportation’s website https://www.dot.ny.gov/main/business-center/engineering/specifications/updated-standard-specifications-us https://www.dot.ny.gov/main/business-center/engineering/specifications/updated-standard-specifications-us https://www.dot.ny.gov/main/business-center/engineering/specifications/updated-standard-specifications-us

TABLE OF CONTENTS

PO-14081-A

GJJWTF EMERGENCY SLOPE REPAIR

CITY OF JOHNSTOWN, FULTON COUNTY

• Table of Contents

• Notice to Bidders ...................................................................................................................... 3 to 4

• Instruction to Bidders ................................................................................................................ 5 to 9

• Supplemental Information Available to Bidders

• Bidder’s Checklist

(Forms listed below are to be returned with bid) o Bid Form .................................................................................................................. 12 to 15 o Certified Copy of resolution of Board of Directors (for Corporations) o Non Collusive Certification ..................................................................................... 17 to 19 o Bid Sheets ............................................................................................................... 20 to 23 o Bid Bond or Certified Bank Check .......................................................................... 24 to 25 o Affidavit of Workers Compensation o Iran Divestment Act Certification o Russia Divestment of Public Funds o Past Project Notification

• Agreement ............................................................................................................................. 30 to 35

• Construction Payment Bond ................................................................................................. 36 to 37

• Construction Performance Bond ........................................................................................... 38 to 39

• Wage Rates Special Note

• Incorporation of NYSDOT Standard Specifications

Post Award Forms:

• Change Order Form

• Notice of Award (NOA) ....................................................................................................... 44 to 45

Technical Specifications:

• Special Specifications ........................................................................................................... 46 to 51

Supplemental Information:

• Geotechnical boring logs ..................................................................................................... 52 to 53

• ACOE Permit ........................................................................................................................ 54 to 56

BID ADVERTISEMENT

Sealed proposals will be received by the Gloversville-Johnstown Joint Wastewater Treatment Facility (GJJWTF) located at 191 Union Avenue - Johnstown, New York, until 11:00 a.m. local time October 2, 2024 for the following project:

PO-14081-A

GJJWTF Emergency Slope Repair

PROJECT DESCRIPTION

The project includes the stabilization of approximately 365 LF of slope along the Cayadutta Creek along with ancillary repairs for the GJJWTF.

Project Location: Gloversville-Johnstown Joint Wastewater Treatment Facility

Owner: Gloversville-Johnstown Joint Wastewater Treatment Facility

Owner's Representative: Harry Brand

Manager-Wastewater Programs Gloversville-Johnstown Joint Wastewater Treatment Facility (GJJWTF) 191 Union Ave, Johnstown, NY 12095 518-762-3101 hbrand@gjwastewater.com

Engineer: Greenman-Pedersen Inc.

80 Wolf Road, Suite 600 Albany, NY, 12205

Engineer’s Representative: Robert Jobin

Phone: (518) 898-9521 rjobin@gpinet.com

BID OPENING

Bid will be publicly opened and read aloud at 11:00 a.m., local time, October 2, 2024 at 191 Union Avenue - Johnstown, New York.

BID SUBMITTAL & FORMS

All bids must be received no later than submission deadline listed above. GJJWTF will not accept late bid submissions. Electronic submissions are not permitted for these bidding documents.

All bids shall be made on forms furnished and shall be enclosed in a sealed envelope marked to the attention of GJJWTF as follows:

PO-14081-A

GJJWTF Emergency Slope Repair

(Bidders Name)

EXAMINATION OF DOCUMENTS

Bid materials can be inspected on the Contract Reporters website.

ADDENDA

GJJWTF will not issue Addenda, nor will its Engineer issue addenda nor respond to bidder’s questions three (3) days prior to the scheduled bid opening unless stated bid date is postponed.

BID MATERIALS

Plans, specifications, proposal forms, and other contract documents will only be available on the Contract Reporter or via a PDF link that will be sent thru Email when they are placed on the plan holders list.

mailto:hbrand@gjwastewater.com

OFFICIAL PLAN HOLDERS LIST

Bidders who intend to submit a bid must call or email to be placed on the official plan holders list.

Contractors that obtain contract documents from a source other than the issuing locations must notify Robert Jobin in order to be placed on the official plan holder’s list, in order to receive addenda and other bid correspondence.

Bids received from contractors other than those on the official plan holder’s list will not be accepted. To be placed on the official plan holders list please contact Robert Jobin at rjobin@gpinet.com (518) 898-9521.

PRE-BID CONFERENCE & PROJECT QUESTIONS

There will be a pre-bid conference for this bid held on Wednesday, September 25, 2024 at 1:00 pm, Meeting at the administration building of GJJWTF. Only contractors that attend a pre-bid meeting will be able to bid on this project.

Attendees are required to bring proper Personal Protective Equipment (PPE) in accordance with Section 107-05 of the NYSDOT Specifications to be allowed on the site inspection.

BID SECURITY

Bids shall be accompanied by money order, certified check, or bid bond in the amount of 5% of the total bid price, payable to the board of the GJJWTF. No bidder may withdraw their bid within sixty (60) calendar days after the actual date of the opening thereof. Incomplete bids will be disqualified.

SPECIAL BID LANGUAGE

None

BID ADVERTISEMENT NOTES

The Gloversville-Johnstown Joint Wastewater Treatment Facility reserves the right to reject any or all proposals or to accept any proposals deemed to be in its best interest.

Harry Brand Manager-Wastewater Programs Gloversville-Johnstown Joint Wastewater Treatment Facility mailto:rjobin@gpinet.com

Instruction to Bidders

INSTRUCTION TO BIDDERS

1. Defined Terms

1.1. Certain additional terms used in theses Instructions to

Bidders have the meanings indicated below which are applicable to both the singular and plural thereof.

Bidder – one who submits a bid directly to owner as distinct from sub-bidder, who submits a bid to a bidder.

Issuing Office – the office from which the bidding documents are to be issued and where the bidding procedures are to be administered.

Successful Bidder – the lowest responsible, responsive bidder to whom owner (on the basis of owners evaluation as hereinafter provided) makes an award.

Agreement – The written contract between OWNER and CONTRACTOR covering the Work to be performed.

Bid – The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

Bidding Documents – The advertisement or invitation to Bid, instructions to bidders, the Bid from, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids)

Contract Times – The number of days to the dates stated in the Agreement; to achieve substantial completion and to complete the Work so that it is ready for final payment as evidence by ENGINEER’s written recommendation of final payment.

CONTRACTOR – The person, firm or corporation with whom Owner has entered into the Agreement.

Drawings – The drawings which show the scope, extent, and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined.

Effective Date of the Agreement – The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the agreement is signed and delivered by the last of the two parties to sign and deliver.

Engineer – The person, firm or corporation named as such in the Agreement.

Notice of Award – The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions present therein, within the time specified, OWNER will sign and deliver the Agreement.

OWNER – The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided.

Underground Facilities – All pipelines, conduits, dusts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or material: electricity, gases, steam, liquid petroleum products, telephone, cable television, or other communications, sewage and drainage removal, traffic or other control systems or water.

2. Copies of Bidding Documents

2.1. Complete sets of the Bidding Documents in the number

and for the deposit sum, if any, stated in the Advertisement or Invitation to Bidders may be obtained from the Issuing Office. If the bidding documents are obtained from a source other than the issuing office, contractor must notify issuing office in order to be placed on the official plan holder’s list, receive addenda and other bid correspondence. Bids received from contractors other than those on the official plan holder’s list will not be accepted.

2.2. Complete sets of Bidding Documents must be used in

preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Document.

2.3. Owner and Engineer in making copies of Bidding

Documents Available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

3. Bidders Qualifications

All Bidders, including foreign and domestic corporations must be qualified and/or licensed to do business within the state where the project is located. The Owner reserves the right to make any investigation deemed necessary to determine bidder qualifications and responsibility. All prospective bidders shall have completed projects of this nature and size previously, within similar time constraints.

Bidder shall be prepared to furnish the Owner, upon request, with a listing of no less than three (3) previous similar projects successfully completed. Bidder shall furnish to the Owner, upon request, all data pertinent thereto.

4. Examination of Contract Documents and Site

4.1. It is the responsibility of each bidder before submitting a Bid:

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

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

4.1.3. To consider federal, state, and local laws and regulations that may affect cost, progress, performance, or furnishing of the Work;

4.1.4. To study and carefully correlate Bidders knowledge and observations with the Contract Documents and such other related data;

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

4.2. Information and data or indicated in the Contract

Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by Owners of such Underground Facilities or others, and the Owner and Engineer do not assume responsibility for the accuracy or completeness thereof.

4.3. Before submitting a Bid each Bidder will be responsible

to obtain such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or performing and furnishing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents.

4.4. On request, OWNER will provide each Bidder access to

the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies.

4.5. The submission of a Bid will constitute an

incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 5, that without exception of the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences, or procedures for construction (if any) that may be shown or indicated or expressly required by the Contract Documents, the Bidder has given Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract Documents, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

5. Availability of Lands for Work, etc.

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

6. Interpretation and Addenda

6.1. No interpretations of the meaning of the specifications of other pre-bid documents will be made to any Bidder orally. Every request for such interpretation should be in writing or email addressed to the ENGINEER:

Robert Jobin Greenman-Pedersen, Inc.

80 Wolf Road, Suite 600 Albany, New York 12205 rjobin@gpinet.com

Any oral discussions between the Bidder and the OWNER are to be considered informal and not binding.

Any supplemental instructions will be in the form of written addenda. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted.

All addendum, so issued, shall become part of the contract documents. The OWNER and ENGINEER shall cease responding to bidders after the fifth calendar day preceding the bid opening date, so as to issue the final addendum, if necessary, for bidders to reflect in their bid submissions.

6.2. Addenda may also be issued to modify the Bidding

documents as deemed advisable by OWNER and

ENGINEER.

7. Bid Security

7.1. Each Bid must be accompanied by Bid security made

payable to the OWNER in the amount of five percent (5%) of Bidders maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety.

7.2. The Bid security of Successful Bidder will be retained

until such Bidder has executed the Agreement, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15) days after Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by the OWNER until the earlier of the seventh (7) day after the Effective Date of the Agreement or the sixty (60) day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven

(7) days after the bid opening.

8. Contract Times

The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment.

9. Liquidated Damages

The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds required within ten (10) days after he has received notice of acceptance of bid, shall forfeit to the OWNER, as liquidated damages for such failure or refusal, the security deposited with his bid.

The bidder must also agree to liquidated damages in accordance with Section 108 of the current New York State Department of Transportation Standard Specifications as of the date of advertisement per calendar day beyond the completion date specified in the executed Agreement between the Contractor and GJJWTF.

10. Substitute and “Or-Equal” Items

The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or “or-equal” items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement.

11. Subcontractors, Suppliers and Others

11.1. The identity of certain Subcontractors, Suppliers and

other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to the OWNER in advance of a specified date prior to the Effective Date of the Agreement, apparent Successful Bidder, and any other Bidder so requested, shall within five (5) days of Notice of Award submit to OWNER a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required.

An OWNER or ENGINEER who after due investigation reasonably believes that a Subcontractor, Supplier or other person or organization is suspended, debarred or has otherwise been declared ineligible to perform this contract, may request that a Successful Bidder submit an acceptable substitute Subcontractor, Supplier, person or organization.

If apparent Successful Bidder declines to make any such substitution, the OWNER may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations.

11.2. In contracts where the Contract Price is on the basis of Cost-of-the-Work Plus a Fee, apparent Successful Bidder, prior to the Notice of Award, shall identify in writing to the OWNER those portions of the Work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work with OWNER’s written consent.

11.3. No CONTRACTOR shall be required to employ any

Subcontractor, Supplier, other person or organization against whom the CONTRACTOR has a reasonable objection.

11.4. The CONTRACTOR must perform not less than 50% of

the total original contract bid price (excluding any identified specialty items) with its own organization.

12. Bid Form

12.1. The Bid Form and the Bid Summary Form (where

applicable) are included with the Bidding documents;

additional copies may be obtained from Engineer (or issuing office).

12.2. All blanks on the Bid Form must be completed by printing in black ink or by typewriter.

12.3. Bids by corporations must be executed in the corporate

name by the president or vice president (or 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.

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

12.5. All names must be typed or printed in black ink below the signature.

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

12.7. The address and telephone number for communications

regarding the Bid must be shown.

12.8. All documents set forth in the Bidders Checklist must be submitted with bid.

13. Submission of Bids

Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bidders and shall be enclosed in a sealed envelope, marked with the project title and name an address of Bidder and accompanied by the Bid security and other required documents (see bidders checklist). If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation “BID ENCLOSED” on the face of it.

14. Modification and Withdrawal of Bids

14.1. 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 submitted at any time prior to the opening of Bids.

14.2. Where a unilateral error or mistake is discovered in a Bid, such Bid may be withdrawn after showing of the following: (1) the mistake is known or made known to the OWNER and ENGINEER prior to the awarding of the contract or within three days after opening of the Bid, whichever period is shorter; and (2) the price Bid was based on an error of such magnitude that enforcement would be unconscionable; and (3) the Bid was submitted in good faith and the Bidder submits credible evidence that the mistake was a clerical error as opposed to a judgment error; and (4) the error in the Bid is actually due to an unintentional and substantial arithmetic error or an unintentional omission of a substantial quantity of work, labor, material, goods or services made directly in the compilation of the Bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn by inspection of the original work papers, documents or materials used in the preparation of the Bid; and (5) it is possible to place the OWNER in status quo ante.

15. Opening of Bids

Bids will be opened and (unless obviously non-responsive) read aloud publicly at the place where bids are to be submitted. An abstract of the amounts of the base Bids and major alternates (if any) may be made available to Bidders after the opening of the Bids.

16. Bids to Remain Subject to Acceptance

All Bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to that date.

17. Award of Contract

17.1. To the fullest extent permitted by law OWNER reserves

the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, non-responsive, unbalanced, or conditional Bids and to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the project to make an award to that Bidder, whether because the Bid is not responsible or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate, to the extent permitted by law, contract times with the Successful Bidder.

17.2. Discrepancies between words and figures will be resolved in favor of the words. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

Discrepancies between words and figures will be resolved in favor of the words.

17.3. In evaluating Bids, OWNER will consider the

qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, lump sum price and other data, as may be requested in the Bid form or prior to Notice of Award.

17.4. OWNER may consider the operating costs, maintenance

requirements, performance data and guarantees of major item of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to Notice of Award.

17.5. OWNER may conduct such investigations as OWNER

deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, to perform and furnish the Work in accordance with the Contract Documents to OWNERS satisfaction within the prescribed time.

17.6. If the contract is to be awarded, it will be awarded to the lowest responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the project.

17.7. If the contract is to be awarded, OWNER will give

successful Bidder a Notice of Award within sixty (60) days after the day of the Bid opening.

18. Contract Security

When successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by the required performance and payment Bond.

19. Signing of Agreement

When OWNER gives Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement Within fifteen days thereafter CONTRACTOR shall sign and deliver the required number of counterparts of the Agreements to OWNER with the required bonds. Within ten days thereafter OWNER shall deliver one fully signed counterpart to

CONTRACTOR.

20. Pre-Bid Conference

A pre-bid conference will be held for this project.

21. Lobbying Activities on Federal Aid Contracts

Not Applicable.

22. Sales and Use Taxes

OWNER is exempt from New York State Sales and Use Tax on materials and equipment to be incorporated into work.

Said taxes should not be included in Contract Price.

23. Non-Collusive Bidding Procedures

Each Bidder is required to comply with the requirement regarding non-collusive bidding procedures and shall submit the appropriate Non-Collusive Bidding Certification and Non-Collusive Bidding Certification Bidder Information with the Bid. Knowledge of bid collusions or other questionable contract related practices shall be reported per the instructions contained in Reporting Violations of the Non-Collusive Bidding Procedures, Misconduct, or other Prohibited Contract Activities.

24. Disadvantaged/Minority/Women Business Enterprise Utilization Goals including Section 3

The DBE goal for this project is: 0% The MBE Goal for this Project is 0% The WBE Goal for this Project is 0% There are no SDVOB goals for this project.

25. Equal Employment Opportunity Participation Goals

The provisions for Equal Employment Opportunity Participation Goals are set forth in the Additional State and Federal Conditions herein.

26. Schedule for Bid and Award of Contract

A schedule of the major events required for the Bid and Award is shown below:

• Notice of Award - No later than sixty (30) days following Bid Opening

• Signed Documents returned by Contractor - No later than 10 days following Notice of Award

• Signed Documents returned by the Owner with Notice to Proceed - No later than 10 days following Signed Documents returned by Contractor

• Submittal of Bonds and Insurance - No later than 5 days following Notice of Award

27. Federal Aid Contract

Not Applicable

28. Delegation of Authority

Where reference is made to New York State, Commissioner of Transportation, State Department of Transportation Officials and Employees, etc., either in these specifications or the NYSDOT Standard Specification, Construction and Materials it shall mean the appropriate GJJWTF Official.

GJJWTF or its authorized representative shall make all final interpretations of any questions or irregularities arising out of these specifications and the NYSDOT Standard Specification, Construction and Materials used on this project.

Under subsequent sections of this document the term “OWNER” shall mean GJJWTF and being the governmental unit whose name is given on the Contract Document cover.

29. Insurance Requirements

The successful Bidder will be required to procure and maintain at its own expense the following insurance coverage:

(a) Workers’ Compensation and Employers Liability Insurance: A policy or policies providing protection for employees in the event of job-related injuries.

(b) Motor Vehicle Liability Insurance: A policy or policies with the limits of not less than $1,000,000 combined for each accident because of bodily injury sickness or disease, sustained by any person, caused by accident, and arising out of the ownership, maintenance or use of any motor vehicle for damage because of injury to or destruction of property, including the loss of use thereof, caused by accident and arising out of the ownership, maintenance or use of any motor vehicle.

(c) Umbrella/Excess Liability Insurance: A policy or policies with Umbrella/Excess Coverage with limits of not less than: $10,000,000 Liability For: Combined Single Limit All Other Circumstances: $2,000,000

(d) Commercial General Liability Insurance: A policy or policies of comprehensive all-risk insurance with limits of not less than:

Liability For: Combined Single Limit Property Damage: $1,000,000 per occurrence / $2,000,000 aggregate Bodily Injury: $1,000,000 per occurrence / $2,000,000 aggregate Personal Injury: $1,000,000 per occurrence / $2,000,000 aggregate

(e) Disability Insurance: A policy or policies providing appropriate disability benefits in accordance with Section 220 Subdivision 8 of the Disability Benefits Law (DBL)

Each policy of insurance required shall be of form and content satisfactory to GJJWTF’s Corporation Counsel.

(a) GJJWTF shall be named as an additional named insured on all liability, policies. The bid name and/or number must appear on the policy.

(b) The policy shall not be changed or canceled until the expiration of thirty (30) days after written notice to GJJWTF. It shall be automatically renewed upon expiration and continued in force unless GJJWTF is given at least thirty (30) days written notice to the contrary.

No work shall be commenced under the contract or purchase order until the successful Bidder has delivered to the GJJWTF Purchasing Supervisor or his designee proof of issuance of all policies of insurance required by the contract to be procured by the successful Bidder. If at any time, any of said policies shall expire or become unsatisfactory to the GJJWTF, the successful Bidder shall promptly obtain a new policy and submit proof of insurance of the same to the GJJWTF for approval. Upon failure of the successful Bidder to furnish, deliver and maintain such insurance as above provided, the contract or purchase order may, at the election of the GJJWTF, be forthwith declared suspended, discontinued or terminated. Failure of the successful Bidder to procure and maintain any required insurance shall not relieve the successful Bidder from any liability under the contract, nor shall the insurance requirements be construed to conflict with the obligations of the successful Bidder concerning indemnification.

SUPPLEMENTAL INFORMATION AVAILABLE TO BIDDERS

The following information is available at the Office of the Owner and Engineer, as identified in the advertisement for bids, for inspection and review prior to the letting date. It is mutually understood that this data is independent information the Engineer and/or Owner has assembled, and the bidder shall assume the risk of its accuracy and that the information is not prepared or used as part of the contract plans and that Article 7 of the Agreement will apply. This information is not to be considered as a substitution or revision of that section of the standard specifications defining specifications and contract agreements.

By his/her signature on this proposal the bidder certifies that he/she has made himself aware of this availability, for his/her inspection and review prior to the letting date, of the information indicated below:

Available Not Available Information

X Utility Estimate Sheets with Names of Utility Officials

X Right of Way Plan

X Earthwork Cross Sections

X Earthwork Sheets

X Drainage Estimate Sheets

X Sign Face Layouts

X Logs of Subsurface Exploration

X Tabulated Results of Probing

X Tabulated Depth to Bed Rock

X Logs Showing Laboratory Description of Soil Samples

X Laboratory Test Data from Soil Samples

X Rock Outcrop Maps

X Granular Materials Resources Survey Reports

X Terrain Reconnaissance Reports

X Subsurface Data Obtained from Sources Outside the Department

X Granular Material Sources Report

X Record Plans

X SPDES Report/SWPPP

X COE Nationwide Permit 13

BIDDER’S CHECKLIST

In order to submit a complete bid, Bidders must submit the following documents:

____ Bid Form

____ Certified Copy of Resolution of Board of Directors (For Corporations)

____ Non Collusive Certification

____ Bid Sheets

____ Bid Bond or Certified Bank Check:

____ Affidavit of Worker’s Compensation:

____ Certification of Compliance Iran Divestment Act:

____ Russia Divestment of Public Funds:

____ Past Project Notification:

PLEASE DO NOT SUBMIT THE ENTIRE PROJECT MANUAL WITH YOUR BID.

BIDDERS SHALL SUBMIT ALL DOCUMENTS PRESENTED IN THIS CHECKLIST ON

SINGLE-SIDED SHEETS IN THE EXACT ORDER SHOWN. NO SUBSTITUTION OF

FORMS WILL BE ALLOWED. ENTRIES MAY BE TYPED OR LEGIBLY HANDWRITTEN

EXCEPT AS SPECIFICALLY NOTED.

Bid Form

BID FORM

PROJECT IDENTIFICATION: GJJWTF Emergency Slope Repair City of Johnstown, Fulton County

CONTRACT IDENTIFICATION: PO-14081-A

THIS BID IS SUBMITTED TO: GJJWTF

1. The undersigned BIDDER proposes and agrees, if this bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all work as specified or indicated in the Contract Documents for the Bid Price and Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents

2. Bidder accepts all the terms and conditions of the Advertisement or Notice to Bidders and Instruction to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for forty-five (45) days after the Bid opening.

Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER’s Notice of Award

3. In submitting this Bid, BIDDER represents as more fully set forth in the Agreement, that:

a. BIDDER has examined and carefully studied the Bidding Documents and the following Addenda receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date)

b. BIDDER 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, and furnishing of the work.

c. BIDDER 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 work.

d. BIDDER is aware of the general nature of work to be performed by OWNER and others at the site that relates to work for which this Bid is submitted as indicated in the Contract Documents

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

f. BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

g. This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER.

4. Bidder will complete the Work in accordance with the Contract Documents for the following Unit Bid price:

BASE BID :

(use words) (figures)

BIDDER acknowledges that quantities are not guaranteed, and final payment will be based on actual quantities determined as provided in the Contract Documents.

5. BIDDER agrees that the Work will be substantially completed and ready for final payment before the dates or within the number of calendar days indicated in the Agreement.

BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement.

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

a. All documents set forth in the Bidders Checklist.

7. All documents set forth in the Bidders Checklist. Communications concerning this Bid shall be addressed in writing to:

Harry Brand Manager-Wastewater Programs Gloversville-Johnstown Joint Wastewater Treatment Facility 191 Union Ave, Johnstown, NY 12095 518.762.3101 hbrand@gjwastewater.com

8. Terms used in this Bid will have the meanings indicated in the Instructions.

SUBMITTED on __________________________________________________ 2024.

CONTRACTOR ___________________________________

(Signature of Authorized Representative)

(Print Name)

(Title) mailto:hbrand@gjwastewater.com

BIDDER INFORMATION SHEET

NAME OF BIDDER: *

ADDRESS:

PHONE NUMBER:

TYPE OF ENTITY: CORPORATION PARTNERSHIP INDIVIDUAL

IF A NONPUBLICLY OWNED CORPORATION:

NAME OF CORPORATION:

LIST OF PRINCIPAL STOCKHOLDERS (HOLDING OVER 5% OF OUTSTANDING

SHARES):

LIST OF OFFICERS:

LIST OF DIRECTORS:

DATE OF ORGANIZATION:

IF A PARTNERSHIP:

PARTNERS:

NAME OF PARTNERSHIP:

DATE OF ORGANIZATION:

* IF THE BUSINESS IS CONDUCTED UNDER AN ASSUMED NAME, A COPY OF THE

CERTIFICATE REQUIRED TO BE FILED UNDER THE NEW YORK GENERAL BUSINESS

LAW MUST BE ATTACHED.

CERTIFIED COPY OF RESOLUTION OF BOARD OF DIRECTORS

(NAME OF CORPORATION)

“Resolved that________________________________, __________________________________ (Person Authorized to Sign) (Title) of_______________________________authorized to sign and submit Bid for this corporation for (Name of Corporation) the following project:

and to include in such bid the certificate as to non collusion, and for any inaccuracies or misstatements in such certificate this corporate Bidder shall be liable under the penalties of perjury.

The foregoing is true and correct copy of resolution adopted by:

(NAME OF CORPORATION)

At meeting of its Board of Directors held on the _______day of _____________________20____

By_______________________________________

Title_____________________________________

(SEAL)

The above form must be completed if the Bidder is a corporation

Appendix A.doc

Exhibit 1 Non-Collusive Bidding Certification-1

NON-COLLUSIVE BIDDING CERTIFICATION REQUIRED BY

SECTION 139-D OF THE STATE FINANCE LAW

SECTION 139-D, Statement of Non-Collusion in bids to the State:

BY SUBMISSION OF THIS BID, BIDDER AND EACH PERSON SIGNING ON

BEHALF OF BIDDER CERTIFIES, AND IN THE CASE OF JOINT BID, EACH PARTY

THERETO CERTIFIES AS TO ITS OWN ORGANIZATION, UNDER PENALTY OF

PERJURY, THAT TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF:

[1] The prices of this bid have been arrived at independently, without collusion, consultation, communication, or agreement, for the purposes of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor;

[2] Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor; and [3] No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.

A BID SHALL NOT BE CONSIDERED FOR AWARD NOR SHALL ANY

AWARD BE MADE WHERE [1], [2], [3] ABOVE HAVE NOT BEEN COMPLIED

WITH; PROVIDED HOWEVER, THAT IF IN ANY CASE THE BIDDER(S) CANNOT

MAKE THE FOREGOING CERTIFICATION, THE BIDDER SHALL SO STATE AND

SHALL FURNISH BELOW A SIGNED STATEMENT WHICH SETS FORTH IN

DETAIL THE REASONS THEREFORE:

[AFFIX ADDENDUM TO THIS PAGE IF SPACE IS REQUIRED FOR

STATEMENT.]

Subscribed to under penalty of perjury under the laws of the State of New York, this _______ day of ___________, 20____ as the act and deed of said corporation of partnership.

Exhibit 1 Non-Collusive Bidding Certification 2

IF BIDDER(S) (ARE) A PARTNERSHIP, COMPLETE THE FOLLOWING:

NAMES OF PARTNERS OR PRINCIPALS LEGAL RESIDENCE

IF BIDDER(S) (ARE) A CORPORATION, COMPLETE THE FOLLOWING:

NAME LEGAL RESIDENCE

President:

Secretary:

Treasurer:

President:

Secretary:

Treasurer:

Exhibit 1 Non-Collusive Bidding Certification-3

Identifying Data

Potential Contractor

Address Street

City, Town, etc.

Telephone Title__________________________

If applicable, Responsible Corporate Officer

Name Title__________________________

Signature

Joint or combined bids by companies or firms must be certified on behalf of each participant.

Legal name of person, firm or corporation Legal name of person, firm or corporation

By _____________________________ Name Name

Title Title

Address_____________________________ Address_______________________ Street Street

City State City State

DOLLARS CENTS DOLLARS CENTS

PER LUMP SUM

PER CUBIC YARD

PER LINEAR FOOT

PER SQUARE YARD

PER LINEAR FOOT

PO-14081-A

GJJWTF EMERGENCY SLOPE REPAIR

CITY OF JOHNSTOWN, FULTON COUNTY

AMOUNT BIDUNIT BID PRICE

209.22

201.06

ITEM DESCRIPTION WITH

UNIT BID PRICE WRITTEN IN WORDS

ESTIMATED

QUANTITY

ITEM NUMBER

209.1501

203.02

CLEARING AND GRUBBING

209.2301

STABILIZATION CONSTRUCTION ACCESS

UNCLASSIFIED EXCAVATION AND DISPOSAL

TURBIDITY CURTAIN - TEMPORARY

SEDIMENT FILTER LOG-TEMPORARY,12"

BS-1

CARRY FORWARD _______________________

BROUGHT FORWARD_______________________

PO-14081-A

GJJWTF EMERGENCY SLOPE REPAIR

CITY OF JOHNSTOWN, FULTON COUNTY

AMOUNT BIDUNIT BID PRICEITEM DESCRIPTION WITH

UNIT BID PRICE WRITTEN IN WORDS

ESTIMATED

QUANTITY

ITEM NUMBER

PER CUBIC YARD

PER EACH

PER LUMP SUM

PER LINEAR FOOT

PER SQUARE YARD

TEMPORARY RIVER ACCESS

REMOVE AND RESET CHAIN LINK FENCING

607.61000005

553.04010006

553.020001

610.1605 120

TURF ESTABLISHMENT PERFORMANCE

SUBBASE COURSE, TYPE 2

COFFERDAMS (TYPE 2)

304.12

BS-2

BROUGHT FORWARD_______________________

PO-14081-A

GJJWTF EMERGENCY SLOPE REPAIR

CITY OF JOHNSTOWN, FULTON COUNTY

AMOUNT BIDUNIT BID PRICEITEM DESCRIPTION WITH

UNIT BID PRICE WRITTEN IN WORDS

ESTIMATED

QUANTITY

ITEM NUMBER

PER CUBIC YARD

PER CUBIC YARD

PER LUMP SUM

PER DOLLAR CENT

00001 150,000

625.01 1

150000

620.14020009

SURVEY OPERATIONS

697.03

FIELD CHANGE PAYMENT

620.03

EXTRA HEAVY STONE, TYPE B

STONE FILLING (LIGHT)

BS-3

BROUGHT FORWARD

MOBILIZATION

MUST NOT EXCEED 4% OF SUBTOTAL SHOWN

ABOVE. SEE SPECIFICATION FOR THIS ITEM.

FOR ………………………………………………………………

…………………………………………LUMP SUM

PO-14081-A

GJJWTF EMERGENCY SLOPE REPAIR

CITY OF JOHNSTOWN, FULTON COUNTY

ITEM NUMBER

699.040001 1

ESTIMATED

QUANTITY

UNIT BID PRICE AMOUNT BIDITEM DESCRIPTION WITH

UNIT BID PRICE WRITTEN IN WORDS

TOTAL OR GROSS SUM WRITTEN IN WORDS:

BS-4 Page 23

EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee.

BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

BID

Bid Due Date: As Noted in the Invitation to Bidders Description: Empire State Erie Canal Trail Priority Towpath Improvements

BOND

Bond Number:

Date (Not earlier than Bid due date):

Penal sum $ (Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Attest: Attest:

Signature Signature

Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.

EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

AFFIDAVIT OF WORKERS COMPENSATION

State of New York

SS:

County of Fulton of_________________________________________________________________________________ being duly sworn, deposes and says that he now carries or that he has applied for a Workers Compensation Policy to cover the operations, as set forth in the preceding contract, and to comply with the…