Matton Shipyard_Invitation to Bid.pdf

001116 - 1 INVITATION TO BID

SECTION 001116

INVITATION TO BID

A Sealed bid for the:

MATTON SHIPYARD

Phase 3 – Installation of Site Improvements will be received at the following address:

Erie Canalway Heritage Fund, Inc c/o Bob Radliff

Executive Director

For Submission via United States Postal Service:

PO Box 219

Waterford, NY 12188

For Submissions via shipping services such as UPS or Fed Ex:

1 Delaware Avenue

Cohoes, NY 12047 until 10:00 AM local time on Wednesday, June 10th, 2026.

Bids will be subsequently opened and read aloud at 10:15 AM, Wednesday, June 10th, 2026.

The Project generally consists of the following work:

Project includes installation of an asphalt path and parking access improvements; new pedestrian lights, pole and bases; conduit and wiring; installation of camera equipment

(provided by Owner) and wiring; site furnishings; signage installations; fencing removals and new gates; and site restoration.

This work will be awarded as one (1) single prime contract. The Bid will be received on a time and materials basis with the base bid including all work. It is the sole discretion of the OWNER to select and/or reject the alternates according to total bid cost. Breakdowns for each building should be included on the Bid Form.

Work shall be substantially completed by October 1, 2026.

Final restoration shall be completed and the project ready for final payment by October 15, 2026.

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

If the Bid is actually received after the appointed time on the date specified it shall be rejected.

Bid security in the amount of 5% of the Bid must accompany the Bid in accordance with the Instruction to Bidders.

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

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Notice to Bidders:

A. The Bidders must comply with New York State Department of Labor Prevailing Wage Rate Schedules and conditions of employment.

B. Minority and Women-owned Business Enterprises (MWBEs), Service Disabled Veteran Owned Business (SDVOBs) contractors and vendors, and certified Section 3 companies in New York State are encouraged to apply.

C. New York State Executive Law Article 15-A and 5 NYCRR Parts 142-144 (“MWBE Regulations”) Participation.

1. The project requires equal employment opportunities for minority group members and women (EEO) and contracting opportunities for certified minority and women-owned business enterprises (MWBEs). The project goals for New York State certified MWBEs have been established as 30% (Minority-Owned and Women-Owned) for this contract.

Drawings and Specifications may be examined at the following locations:

Eastern Contractors Association 6 Airline Drive Albany, NY 12205 https://www.ecainc.org

LaBella Associates

4 British American Boulevard

Latham, NY 12110

The bidding and contract documents for this Project will be available electronically, free of charge, from the Eastern Contractors Association website or from LaBella Associates, attention Chris LaPointe (clapointe@labellapc.com).

Pre-bid Meeting: A non-mandatory pre-bid meeting on site will be conducted at 1:00 PM on

Wednesday, May 27th.

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

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

The Erie Canalway Heritage Fund, Inc., as * Owner, reserves the right to waive any informalities or irregularities in the Bid received, or to reject any and all Bid(s) without explanation. Owner reserves the right to select or reject the base bid or any of the alternates as defined*(Through a permit, Erie Canalway Heritage Fund, Inc., is authorized to manage this project on behalf of the real property owner, the NYS Office of Parks, Recreation and Historic Preservation)

END OF SECTION

002113 - 1 INSTRUCTIONS TO BIDDERS

SECTION 002113

INSTRUCTIONS TO BIDDER

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

Article 5— Examination of Contract Documents and Site

Article 6— Availability of Lands for Work, etc

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Liquidated Damages

Article 11— Substitute and "Or-Equal" Items

Article 12— Subcontractors, Suppliers and Others

Article 13— Bid Form

Article 14— Submittal of Bids

Article 15— Modification and Withdrawal of Bids

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Disqualification

Article 21— Signing of Agreement

Article 22— Sales and Use Taxes

Article 23— Retainage

Article 24 – Iran Divestment Act

Article 25 – Public Work Contractor and Subcontractor

002113 - 2 INSTRUCTIONS TO BIDDERS

ARTICLE 1 - DEFINED TERMS

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

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

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

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

ARTICLE 2 - BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents

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

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

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

2.04 Electronic Documents

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

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

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and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

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

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

The deposit, if any may be refunded as stated in the Invitation to Bid.

2.05 Each bidder will be provided with one copy of the Bid Documents by email. Additional copies of the Bidding Documents on CD may be obtained by LaBella Associates for $25 per additional copy.

The Bidder shall also pay for all associated shipping fees for copies requested to be mailed.

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

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

ARTICLE 3 - QUALIFICATIONS OF BIDDERS

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

ARTICLE 4 - PRE-BID CONFERENCE

4.01 A non-mandatory pre-bid conference will be held at the time and location indicated in the

Advertisement or invitation to bid. Representatives of Owner and Architect will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference; however, attendance at this conference is not required to submit a Bid.

4.02 Information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions

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at the pre-Bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

ARTICLE 5 - EXAMINATION OF CONTRACT DOCUMENTS AND SITE

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

A. To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents.

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

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

D. To study and carefully correlate Bidder's knowledge and observations with the Contract

Documents and such other related data, and;

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

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

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

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

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

5.03 Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished

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to Owner and Architect by owners of such Underground Facilities or others, and Owner and Architect do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions.

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

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

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

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

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

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

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

5.10 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given Architect written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has

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discovered in the Contract Documents and the written resolutions thereof by Architect is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 6 - AVAILABILITY OF LANDS FOR WORK, ETC

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

ARTICLE 7 - INTERPRETATIONS AND ADDENDA

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

Bidding Documents.

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

7.03 Bidder questions for the Engineer must be submitted in writing to LaBella Associates, 4

British American Blvd, Latham NY 12110, (Attn: Chris LaPointe) or by email clapointe@labellapc.com.

7.04 Interpretations or clarifications considered necessary by Architect in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than ten (10) days prior to the date for opening of Bids may not be answered.

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

ARTICLE 8 - BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five percent

(5%) percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents.

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

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

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

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

ARTICLE 9 - CONTRACT TIMES

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

ARTICLE 10 - LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial

Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS

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

11.02 During the bid period:

The materials and equipment described in the Bidding documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. No substitution will be considered unless written request for approval has been submitted by the Bidder and has been received by Engineer/Architect at least fifteen (15) days prior to the date for receipt of Bids. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth changes in other materials, equipment or Work that incorporation of the substitute would require shall be included. The burden of proof of the merit of the proposed

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substitute is upon the Bidder. The Engineer/Architect’s decision of approval or disapproval of a proposed substitution shall be final. If Engineer/Architect approves any proposed substitution, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approval made in any other manner.

11.03 After Contact award:

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

Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Architect, application for such acceptance will not be considered by Architect until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Architect is set forth in Paragraphs 7.04 of the General Conditions and may be supplemented in the General Requirements.

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

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS AND OTHERS

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

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

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

12.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractor, Supplier, and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person

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or organization listed and to whom Owner or Architect does not make written objection prior to giving of the Notice of Award will be deemed acceptable to Owner and Architect subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 7.06, of the General Conditions.

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

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

ARTICLE 13 - BID FORM

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

Architect (or the Issuing Office).

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

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

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

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

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

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

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

ARTICLE 14 - SUBMITTAL OF BIDS

14.01 A Bid must be received no later than the date and time prescribed and at the place indicated in the

Advertisement or invitation to bid and must be enclosed in a plainly marked package with the Project title, and, if applicable, the designated portion of the Project for which the Bid is

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submitted, the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the Advertisement.

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

ARTICLE 15 - MODIFICATION AND WITHDRAWAL OF BIDS

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

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

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

ARTICLE 16 - OPENING OF BIDS

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

ARTICLE 17 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE.

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

ARTICLE 18 - EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, non-responsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Owner also reserves the right to waive all informalities not involving price, time, or

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changes in the Work and to negotiate contract terms with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

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

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

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

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

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

ARTICLE 19 - BONDS AND INSURANCE

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

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

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

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

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

ARTICLE 20 - DISQUALIFICATION

20.01 The Owner reserves the right to refuse to issue a Bid Form to a prospective Bidder should such

Bidder be in default for any of the following reasons:

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

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

C. Contractor defaulted under previous contracts with the Owner.

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

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

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

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

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

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

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

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

ARTICLE 21 - SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within fifteen (15) days thereafter, Successful Bidder must execute and deliver

004313 - 13 INSTRUCTIONS TO BIDDERS

the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within ten (10) days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 22 - SALES AND USE TAXES

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

ARTICLE 23 - RETAINAGE

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

ARTICLE 24 – IRAN DIVESTMENT ACT

24.01 By entering into this Agreement, CONTRACTOR certifies in accordance with State Finance Law § 165-a that it is not on the “Entities Determined to be Non-Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012” (“Prohibited Entities List”) posted at:

https://ogs.ny.gov/iran-divestment-act-2012

24.02 CONTRACTOR further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. CONTRACTOR agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended.

CONTRACTOR also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment is approved by the OWNER.

24.03 During the term of the Contract, should the OWNER receive information that a person (as defined in State Finance Law § 165-a) is in violation of the above-referenced certifications, the OWNER will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within ninety (90) days after the determination of such violation, then the OWNER shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the CONTRACTOR in default.

24.04 The OWNER reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award.

ARTICLE 25 – PUBLIC WORK CONTRACTOR AND SUBCONTRACTOR

25.01 CONTRACTOR and subcontractors are required to register with the New York State Department of Labor (NYSDOL) under Labor Law Section 220-i, and shall maintain registration for the duration of the project.

END OF SECTION

004313 - 14 INSTRUCTIONS TO BIDDERS

SECTION 004313

BID SECURITY

Attach bid security here.

END OF SECTION 004313

SECTION 004325

004325-1 SUBSTITUTION REQUEST FORM

SUBSTITUTION REQUEST FORM

Do you plan to substitutions for any part of the Work?

YES NO If YES list all substitutions that you propose for products that have been specified by one or more manufacturer’s name and/or number. Please print in black ink or type in the spaces provided. Attach additional sheets if necessary.

Bidders are warned that proposed substitutions listed may affect Owner’s acceptance of the Bid and decision to award Contract. Further substitutions may be requested by Contractor after the effective date of the Agreement in accordance with Article 11 of the Instructions to Bidders.

END OF SECTION 004325

SECTION 004336

004336 - 1 PROPOSED SUBCONTRACTORS FORM

PROPOSED SUBCONTRACTORS FORM

Based on NYS M/WBE requirements subcontractors will be required for this project. Please list the name and address of all Subcontractors that you propose to use on this Contract and the Work assigned to each.

Please include a percentage of work each subcontractor will perform. Please print in black ink or type in the spaces provided. Attach additional sheets if necessary.

This identification of subcontractors is required of all Bidders as part of their Bid and is in partial fulfillment of requirements in Article 12 of the Instructions to Bidders. Additional data on proposed Subcontractors may be requested from Bidders after the Bid Opening in accordance with Article 18.

The list of Subcontractors below shall indicate whether or not the subcontractor is a certified Woman or Minority Owned Business in New York State.

Sub-Contractor Work Assigned (with %) Certified WMBE

END OF SECTION 004336

EJCDC C-451, Qualifications Statement.

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

SECTION 004513

QUALIFICATIONS STATEMENT

ARTICLE 1—GENERAL INFORMATION

1.01 Provide contact information for the Business:

Legal Name of Business:

Corporate Office

Name: Phone number:

Title: Email address:

Business address of corporate office:

Local Office

Name: Phone number:

Title: Email address:

Business address of local office:

1.02 Provide information on the Business’s organizational structure:

Form of Business: ☐ Sole Proprietorship ☐ Partnership ☐ Corporation

☐ Limited Liability Company ☐ Joint Venture comprised of the following companies:

1.

2.

3.

Provide a separate Qualification Statement for each Joint Venturer.

Date Business was formed: State in which Business was formed:

Is this Business authorized to operate in the Project location? ☐ Yes ☐ No ☐ Pending

THE INFORMATION SUPPLIED IN THIS DOCUMENT IS CONFIDENTIAL TO

THE EXTENT PERMITTED BY LAWS AND REGULATIONS

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

1.03 Identify all businesses that own Business in whole or in part (25% or greater), or that are wholly or partly (25% or greater) owned by Business:

Name of business: Affiliation:

Address:

Name of business: Affiliation:

Address:

Name of business: Affiliation:

1.04 Provide information regarding the Business’s officers, partners, and limits of authority.

Name: Title:

Authorized to sign contracts: ☐ Yes ☐ No Limit of Authority: $

Name: Title:

Authorized to sign contracts: ☐ Yes ☐ No Limit of Authority: $

Name: Title:

Authorized to sign contracts: ☐ Yes ☐ No Limit of Authority: $

Name: Title:

ARTICLE 2—LICENSING

2.01 Provide information regarding licensure for Business:

Name of License:

Licensing Agency:

License No: Expiration Date:

Name of License:

Licensing Agency:

License No: Expiration Date:

ARTICLE 3—DIVERSE BUSINESS CERTIFICATIONS

3.01 Provide information regarding Business’s Diverse Business Certification, if any. Provide evidence of current certification.

Certification Certifying Agency Certification

Date

☐ Disadvantaged Business Enterprise

☐ Minority Business Enterprise

☐ Woman-Owned Business Enterprise

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, ☐ Small Business Enterprise

☐ Disabled Business Enterprise

☐ Veteran-Owned Business Enterprise

☐ Service-Disabled Veteran-Owned Business

☐ HUBZone Business (Historically

Underutilized) Business

☐ Other

☐ None

ARTICLE 4—SAFETY

4.01 Provide information regarding Business’s safety organization and safety performance.

Name of Business’s Safety Officer:

Safety Certifications

Certification Name Issuing Agency Expiration

4.02 Provide Worker’s Compensation Insurance Experience Modification Rate (EMR), Total Recordable Frequency Rate (TRFR) for incidents, and Total Number of Recorded Manhours (MH) for the last 3 years and the EMR, TRFR, and MH history for the last 3 years of any proposed Subcontractor(s) that will provide Work valued at 10% or more of the Contract Price. Provide documentation of the EMR history for Business and Subcontractor(s).

Year

Company EMR

TRF

R

MH EMR

TRF

R

MH EMR

TRF

R

MH

ARTICLE 5—FINANCIAL

5.01 Provide information regarding the Business’s financial stability. Provide the most recent audited financial statement, and if such audited financial statement is not current, also provide the most current financial statement.

Financial Institution:

Business address:

Date of Business’s most recent financial statement: ☐ Attached

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, Date of Business’s most recent audited financial statement:

☐ Attached

Financial indicators from the most recent financial statement

Contractor’s Current Ratio (Current Assets ÷ Current Liabilities)

Contractor’s Quick Ratio ((Cash and Cash Equivalents + Accounts Receivable + Short Term Investments) ÷ Current Liabilities)

ARTICLE 6—SURETY INFORMATION

6.01 Provide information regarding the surety company that will issue required bonds on behalf of the Business, including but not limited to performance and payment bonds.

Surety Name:

Surety is a corporation organized and existing under the laws of the state of:

Is surety authorized to provide surety bonds in the Project location? ☐ Yes ☐ No

Is surety listed in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” published in Department Circular 570 (as amended) by the Bureau of the Fiscal Service, U.S. Department of the Treasury?

☐ Yes ☐ No

Mailing Address (principal place of business):

Physical Address

Phone (main): Phone (claims):

ARTICLE 7—INSURANCE

7.01 Provide information regarding Business’s insurance company(s), including but not limited to its Commercial General Liability carrier. Provide information for each provider.

Name of insurance provider, and type of policy (CLE, auto, etc.):

Insurance Provider Type of Policy (Coverage Provided)

Are providers licensed or authorized to issue policies in the Project location? ☐ Yes ☐ No

Does provider have an A.M. Best Rating of A-VII or better? ☐ Yes ☐ No

Mailing Address

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, Physical Address

Phone (main): Phone (claims):

ARTICLE 8—CONSTRUCTION EXPERIENCE

8.01 Provide information that will identify the overall size and capacity of the Business.

Average number of current full-time employees:

Estimate of revenue for the current year:

Estimate of revenue for the previous year:

8.02 Provide information regarding the Business’s previous contracting experience.

Years of experience with projects like the proposed project:

As a general contractor: As a joint venturer:

Has Business, or a predecessor in interest, or an affiliate identified in Paragraph 1.03:

Been disqualified as a bidder by any local, state, or federal agency within the last 5 years?

☐ Yes ☐ No

Been barred from contracting by any local, state, or federal agency within the last 5 years?

☐ Yes ☐ No

Been released from a bid in the past 5 years? ☐ Yes ☐ No

Defaulted on a project or failed to complete any contract awarded to it? ☐ Yes ☐ No

Refused to construct or refused to provide materials defined in the contract documents or in a change order? ☐ Yes ☐ No

Been a party to any currently pending litigation or arbitration?