Project-Manual-rev20260918_100.pdf

Project Manual for the Construction of:

City of Jamestown

CHADAKOIN RIVER

ACTIVATION PROJECT

200 E. 3rd Street Jamestown, NY 14701

C&S Project Number: Q07.011.001

To the best of our knowledge, information, and belief the plans and specifications for this project are in compliance with the New York state energy conservation construction Code and the building code of New York state.

No alteration permitted hereon except as provided under Section 7209 subdivision 2 of the New York state education law.

Engineering Seal Place holder.

This document was prepared with funding provided by the New York State Department of State under Title 11 of the Environmental Protection Fund.

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PROJECT MANUAL

TABLE OF CONTENTS

TITLE PAGE

NOTICE TO BIDDERS NTB-1

TABLE OF CONTENTS TOC-1 to TOC-4

INSTRUCTION TO BIDDERS IB-1 to IB-6

1. General Project Description IB-1

2. Definitions IB-1

3. Securing Documents IB-1

4. Submission of Proposals IB-2

5. Bid Guaranty IB-2

6. Bond Assurances IB-3

7. Interpretations and Addenda IB-3

8. Examination of Site and Contract Documents IB-3

9. Withdrawal of Proposals IB-3

10. Statement of Bidders Qualifications IB-3 to IB-5

11. Consideration of Proposals IB-5

12. Pre-Award Conference IB-5

13. Determination of Low Bidder IB-5

14. Acceptance of Proposal IB-5

15. Execution of Contract IB-5 to IB-6

16. Assignment IB-6

17. Contract Extension IB-6

SUMMARY OF THE WORK SW-1 to SW-2

DESCRIPTION OF BID ITEMS DB-1 to DB-9

BID PROPOSAL BP-1 to BP-3

NON-COLLUSION BIDDING CERTIFICATE NCBC-1

AFFIDAVIT OF FOREIGN CORPORATION AFC-1

ACKNOWLEDGEMENT BY INDIVIDUAL CONTRACTORS AFD-1 to AFD-2

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BIDDERS QUALIFICATION STATEMENT BQS-1 to BQS-3

FORM OF CONTRACT FOC-1 to FOC-4

CITY OF JAMESTOWN STANDARD INSURANCE

REQUIREMENTS SIR-1

GENERAL CONDITIONS OF THE CONTRACT GC-1 to GC-33

GENERAL

1. Introduction GC-1

2. Definitions GC-1 to GC-4

3. Intent of Documents and Instructions GC-4 to GC-5

4. Modifications GC-5

5. Contract Drawings and Specifications GC-5 to GC-6

6. Errors and Discrepancies GC-6

7. Industry Standards, Codes, and Specifications GC-6 to GC-7

ADMINISTRATIVE PROVISIONS

8. Surety Bonds GC-8

9. Insurance GC-8

10. Royalties and Patents GC-8

11. Permits, Laws, Taxes GC-8 to GC-9

12. Assignment GC-9

13. Transfer of Title of Material Delivered to Site GC-9

14. Exemption from Sales and Compensating Use Taxes of the State of New York and/or Cities and Counties GC-9 to GC-10

15. Purchase of Materials by the Contractor and

Subcontractor GC-10

16. Wage Rates GC-10

17. Payroll Records GC-10 to GC-11

18. Liens GC-11

19. Anti-Drug and Alcohol Abuse GC-11

PROSECUTION AND PROGRESS

20. Preconstruction Conference GC-12

21. On-Site Job Meetings GC-12

22. Construction Schedule GC-12 to GC-13

23. Subcontractor GC-13

24. Coordination with other Contractors, Utilities, TOC-3 and Owner Forces GC-13 to GC-14

25. Correction of Work GC-14

26. Payments to the Contractor GC-15

27. Payments Withheld GC-15

28. Temporary Suspension of Work GC-16

29. Extra Work and/or Changes in the Work GC-16 to GC-17

30. Emergencies GC-17

31. Differing Site conditions GC-17 to GC-18

32. Claims for Extra Cost GC-18 to GC-19

33. Delays and Extension of Time GC-19

34. Delay Damages GC-19 to GC-20

35. Right to Use Work GC-20

36. Guarantee Period GC-20 to GC-21

37. Owner's Right to Terminate and/or Complete Contract GC-21

38. Removal of Equipment and Supplies GC-21

MATERIAL AND WORK REQUIREMENTS

39. Workmanship GC-22

40. Shop Drawings GC-22 to GC-24

41. Samples GC-24

42. General Arrangement GC-24

43. Standard Products and Materials GC-24

44. Certificates GC-24 to GC-25

45. Tests GC-25

46. Equivalents and Substitutions GC-25 to GC-26

47. Additional Engineering Services GC-26

48. Structural Design GC-26

49. Dimensions GC-27

50. Maintenance and Operations Manual/Spare Parts Data GC-27

SITE CONDITIONS

51. Site Investigation GC-28

52. Location of Existing Utilities GC-28

53. Survey and Layout GC-28 to GC-29

54. Superintendence GC-29

55. Safety and Protection GC-29 to GC-30

56. Accidents GC-30

57. Temporary Services GC-30 to GC-31

58. Storage and Handling of Materials GC-31

59. Protection of Work, Materials, and Equipment GC-31

60. Inclement Weather GC-31

61. Protection of Property GC-31 to GC-32

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62. Cleaning Up GC-32

63. Inspection of Work GC-32 to GC-33

64. Communication/Response Service GC-33

APPENDIX A – Sample Payment Application, New York State Prevailing Wage

Information, Forms and Rates

APPENDIX B – New York State M/WBE Requirements and Forms

END OF TABLE OF CONTENTS

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NOTICE TO BIDDERS

The City of Jamestown is requesting sealed bids for:

CHADAKOIN RIVER ACTIVATION PROJECT

PHASE 1 – SOUTH BASIN AND PANZARELLA POINT

NOTICE IS HEREBY GIVEN that sealed proposals for furnishing all materials, equipment, and labor required for the subject project, will be received and considered by the CITY OF JAMESTOWN Department of Development up until 3:00

PM on October 16, 2026. Either: 1.) HARD COPY – at the office of the City Clerk, Municipal Building, 200 E. Third Street, Jamestown, NY 14701, OR 2.) electronically via the BidNet Direct platform – https://www.bidnetdirect.com/new-york/jamestownnydpw, and then at 3:00 PM in the office of the Department of Development, 200 E. Third Street, Jamestown, NY 14701, where they will be publicly opened and read aloud.

The Project consists of construction of waterfront amenities along the south shore of the Chadakoin River basin within the City of Jamestown. These include a beach launch, floating accessible kayak launch, water safety barrier, dock/wharf improvements at Panzarella park, permeable paver parking area, pavilion, asphalt and concrete walkways, lighting, signage, site furniture, and landscaping.

Copies of the Bid Documents may be obtained at the office of the City of Jamestown Department of Development, 200

E. Third Street, Jamestown, NY 14701, upon a non-refundable payment of $30.00 for each Project Manual. Checks shall be made payable to City Treasurer.

Each proposal must be accompanied by a bid bond in the amount of ten percent (10%) of the total bid price, conditioned that, if the proposal is accepted, the Contractor will enter into a contract for the same, and will execute any such further security as may be required for the faithful performance of the contract.

No bidder may withdraw his bid within 45 days of the date of the receipt of bids.

Proposals are to be submitted on the forms provided in the Contract Documents. Bids must be sealed in an envelope marked “BID DOCUMENTS”, project name, bidder’s name and address, date and time of opening.

A mandatory pre-bid meeting will be held on September 30, 2026 at the parking area at the south shore of the

Chadakoin Basin at 20 Steele Street, Jamestown, NY 14701.

This project will be completed with funding provided by the New York State Department of State under Title 11 of the

Environmental Protection Fund. Under Article 15A, Executive Law, the State of New York is committed to providing

Minority- and Woman-Owned Business (M/WBE) equal opportunity to participate in government contracts. The combined M/WBE goal for this project is 54%. The successful bidder will be required to furnish documentation showing the participation of NYS certified M/WBE subcontractors and suppliers on this contract.

All work is to be performed at State of New York Prevailing Wage rates.

The right to reject any and all bids, to waiver any inconsistencies in, or to make any award to other than the low bidder, should it be deemed to be in the best interest of the City of Jamestown, and in accordance with the law, are herewith reserved.

Crystal Surdyk

Director, Department of Development Published Date: September 18, 2026

Telephone (716) 483-7659

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INSTRUCTIONS TO BIDDERS

1. GENERAL PROJECT DESCRIPTIONS

The Project consists of construction of waterfront amenities along the south shore of the Chadakoin River basin within the City of Jamestown. These include a beach launch, floating accessible kayak launch, water safety barrier, dock/wharf improvements at Panzarella park, permeable paver parking area, pavilion, asphalt and concrete walkways, lighting, signage, site furniture, and landscaping.

2. DEFINITIONS

A. The term "CONSULTANT" means the professional engineer, architect, landscape architect, land surveyor firm or any agent so designated by the OWNER whose name and address is given on the cover, or any duly authorized representative of that firm. If the OWNER has not designated a CONSULTANT, the OWNER shall be deemed to be the CONSULTANT.

B. The term "BIDDER" shall mean any party or parties submitting in proper form a

Proposal to perform the work hereinafter specified to be performed. The successful Bidder selected by the OWNER to perform the work hereinafter specified will thereafter be known as the "CONTRACTOR."

C. The term "CONTRACTOR" shall mean the party or parties contracting to perform the work or his or their heirs, executors, administrators, successors, or assigns.

D. The term "WORK" is used to designate the work, equipment, materials and tasks required to be done, furnished or performed by the CONTRACTOR under the Plans and Specifications attached hereto.

E. The term "AGREEMENT" is used to designate the type and form of contractual agreement under which this "work" will be executed.

3. SECURING DOCUMENTS

Copies of the proposed Contract Documents may be obtained from:

CITY OF JAMESTOWN MUNICIPAL BUILDING

DEPARTMENT OF DEVELOPMENT, 4TH FLOOR

200 E. THIRD STREET

JAMESTOWN, NEW YORK 14701

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The conditions shall be as set forth in the invitation to bid.

4. STATE FUNDING AND M/WBE PARTICIPATION

This project is being implemented with funding provided by the New York State Department of State under Title 11 of the Environmental Protection Fund.

Under Article 15A, Executive Law, the State of New York is committed to providing Minority- and Woman-Owned Businesses (M/WBE) equal opportunity to participate in government contracts. The following goals have been set for this project: 54% M/WBE, with at least 1% participation in each category.

The lowest bidder must submit, either with their bid or within seven business days of notification of selection, a Grants MWBE Utilization Plan, Contractors Solicitation Log, and documentation that NYS Certified Minority- and Woman-Owned Business Enterprises (MWBEs) were contacted during preparation of said bid. Participants that do not submit the Grants MWBE Utilization Plan, Contractor’s Solicitation Log, and evidence of their good faith efforts will be deemed non-responsive and their bid may be rejected. Evidence of good faith efforts include contact by certified mail, follow-up with phone contact and a summary of all contact and results.

Prior to the award of a contract to the lowest bidder, review and acceptance of the bid summary and all MWBE documentation by NYS Department of State is required.

All bidders area subject to the terms of the NYS Master Contract for Grants – Standard Terms and Conditions, which can be found online at http://grantsreform.ny.gov .

Upon selection, for all contracts that equal or exceed $100,000, the contractor will be required to submit to the State a Vendor Responsibility Questionnaire: Construction – For-Profit. The questionnaire can be found online at http://www.osc.state.ny.us/vendrep/forms_vendor.htm .

5. SUBMISSION OF PROPOSALS

A. In order to receive consideration, submit bids on the forms provided in this Project Manual or as subsequently issued with Addendum notices to Bidders. Bid Forms must be fully completed. Insert an N/A or 0 where no bid is being offered.

B. All blank spaces for bid prices shall be properly filled in, in ink, or typed, in both words and figures. In case any price shown in words and its equivalent shown in figures do not agree, the written words shall be binding on the Bidder. Proposal forms shall not be modified, nor proposals limited or restricted in any way.

Proposals that contain any omissions, erasure, alterations or additions of any kind, may be rejected as informal.

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C. Proposals shall be enclosed in a sealed envelope plainly marked with the title of work and name and address of the Bidder on the outside. When such proposal is submitted by mail, preferably registered, the sealed Proposal, marked as above, should be enclosed in an additional envelope similarly marked and addressed.

D. No proposal will be considered unless filed on or before the time and at the place designated in the Notice to Bidders. Proposals received prior to the time of opening will be kept unopened. Proposals received after the time set for the opening will be returned to Bidders unopened.

E. Bid prices offered should include all financial consideration required to complete the "Work" described by the Contract Documents presented.

6. BID GUARANTY

A. Each Contract Proposal must be accompanied by a bid guaranty in the amount of TEN percent (10%) of the total contract price. The guaranty SHALL be in the form of a Bid Bond. The Bid Bond shall be secured by a guaranty or surety company authorized to do business in the State of New York as a surety. The bid guaranty shall insure the execution of the Agreement and the furnishing of the surety bond or bonds and insurance by the successful Bidder, all as required by the Contract Documents.

B. Bid guaranties will be returned to bidders other than the successful bidder within ten (10) days after the contract is awarded. The bid guaranty of the successful bidder shall be returned upon execution of the Contract and submission of required bonds and insurance.

C. Pursuant to General Municipal Law, Section 105, Bidder may not withdraw its bid within forty-five (45) days after the bid opening.

7. BOND ASSURANCES

In order to receive consideration, submit all bond assurances as required by the General Conditions of this Specification.

8. INTERPRETATIONS OR ADDENDA

Every request for an interpretation shall be made in writing to the OWNER and must be received by the OWNER five or more business days prior to the date set for the receipt of Proposals. If an interpretation is deemed necessary or appropriate by the OWNER, the interpretation will be in the form of an Addendum to the Contract Documents and when issued will be on file at the offices of the OWNER and the CONSULTANT at least twenty-four (24) hours before Proposals are opened. OWNER will endeavor to mail, IB-4 hand deliver, electronically transmit, or otherwise take reasonable steps to notify every plan holder of record of any addenda issued. However, it shall be the Bidder's responsibility to make inquiry as to any addenda issued. All such addenda shall become part of the Contract Documents and all Bidders shall be bound by all such addenda, whether or not received by the Bidders. All interpretation by the OWNER as to the meaning of the Contract Documents shall be in written form. No oral interpretation shall be construed as the OWNER interpretation of the Contract Documents.

9. EXAMINATION OF SITE AND CONTRACT DOCUMENTS

Each Bidder shall fully acquaint himself with the existing conditions relating to the work to be performed, and shall inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the Contract. The Bidder shall thoroughly examine and familiarize himself with the Plans, Specifications, and all other Contract Documents. The CONTRACTOR, by the execution of the Contract, shall in no way be relieved of any 2obligation under it due to his failure to examine the Contract Documents or to acquaint himself with the conditions there existing, and the OWNER will be justified in rejecting any claim based on facts regarding which the CONTRACTOR should have been on notice as a result thereof.

10. WITHDRAWAL OF PROPOSALS

Any Bidder, upon his properly notarized written request, will be given permission to withdraw his Proposal not later than the time set for opening. At the time of opening of the Proposals, when such Proposal is included, it will be returned to the Bidder unopened.

Negligence on the part of the Bidder in preparing his Proposal confers no right for the withdrawal of the Proposal after it has been opened.

11. STATEMENT OF BIDDER'S QUALIFICATIONS

When requested by the OWNER, each Bidder shall submit a statement of the Bidder's qualifications, his construction experience, and his organization and equipment available for the work contemplated.

The OWNER may specifically request a detailed financial and ownership statement by the apparent low bidder.

Criteria the OWNER shall consider in its determination of whether the low bidder is responsible shall include, but is not limited to the following:

a) Lack of adequate expertise, lack of prior experience with comparable projects, or lack of financial resources necessary to perform the work outlined in the contract in timely, competent and acceptable manner.

b) The engagement of criminal conduct on the part of the Bidding firm, its

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principals, and significant staff members in connection with any other public works contracts or the conduct of business activity that involves such crimes as extortion, bribery, fraud, bid-rigging and embezzlement.

c) Grave disregard for the safety of employees or members of the public. Whether employees who will be assigned to work on the project are properly trained and whether the equipment to be used is safe and functioning properly.

d) The willful noncompliance with the State's Labor Laws regarding prevailing wage and supplement payment requirements.

e) Disregard for other State Labor Laws, including child labor, proper and timely payments and unemployment insurance.

f) Violation of the State's Workers' Compensation Law including failure to provide proof of proper workers' compensation or disability coverage.

g) Violations of the State's Environmental Conservation Law or violations of any other federal or state environmental statutes.

h) The submission of a bid which is mathematically or materially unbalanced.

i) The submission of a bid which is so much lower than the OWNER'S estimate that it appears unlikely that the contractor will be able to complete the project satisfactorily at the price bid.

j) The presentation of false or misleading statements or any other issue that raises questions about the responsibility of the bidder.

The OWNER shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform his obligations under the Contract, and the Bidder shall furnish the OWNER all such information and data for this purpose as he may request. The right is reserved to reject any Proposal where an investigation of the available evidence or information does not satisfy the OWNER that in its sole discretion the Bidder is qualified to carry out properly the terms of the Contract. The issuing of Bid Documents and acceptance of a Bidder's payment for the Bid Documents by the OWNER shall not be construed as pre-qualification of that Bidder.

12. CONSIDERATION OF PROPOSALS

The right is reserved, as the interest of the OWNER may require, to reject any or all bids, to waive any informality in bids received, to reject any items of any bid to obtain new Proposals, or to proceed to do the work otherwise, when the best interest of the OWNER may be promoted thereby.

13. PRE-AWARD CONFERENCE

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The apparent low Bidder may be required to attend a pre-award conference with the OWNER or its representative. Representatives of the proposed subcontractors and vendors shall attend such conference if requested by the OWNER. All interested Bidders may be required to attend a pre-bid conference with the OWNER or its representatives.

14. DETERMINATION OF LOW BIDDER

Except where the OWNER exercises the right to reject any or all Proposals, the OWNER shall award the Contract(s) to the lowest responsive and responsible Bidder on the basis of the total bid which shall be the Base Bid and any alternates the OWNER may select as stated in the Proposal, provided further that such Bidder furnishes adequate security therefore and complies with all requirements of the Notice to Bidders and these Instructions to Bidders, after investigations are made to determine the Bidders' responsibility and capability.

15. ACCEPTANCE OF PROPOSAL

The acceptance of a Proposal will be a Notice of Award in writing signed by a duly authorized representative of the OWNER and no other act of the OWNER shall constitute the acceptance of a Proposal. The acceptance of a Proposal shall bind the successful Bidder to execute the Contract as provided hereinafter.

16. EXECUTION OF CONTRACT

A. The Bidder, whose proposal has been accepted, shall have a legally authorized representative execute the contract and submit it to the OWNER within a reasonable time of not longer than fifteen (15) calendar days of the date of Notice of Award.

B. In addition, the successful Bidder, within the period stipulated in paragraph 15A above, shall procure, execute, and deliver to the OWNER and maintain, at its own cost and expense, until the Final Completion (as defined in the General Conditions) of the work covered by this contract, proof of insurance as required by the Agreement, and the following bonds of a surety company approved by the OWNER and authorized to do business in the State of New York as a Surety:

1. Performance Bond - in an amount of ONE HUNDRED percent (100%) of the total amount payable to the Contractor.

2. Payment Bond - in an amount of ONE HUNDRED percent (100%) of the total amount payable to the Contractor.

C. Failure or refusal of the Bidder, whose Proposal is accepted, to execute the

Contract as hereinbefore provided or to submit satisfactory bonds and insurances shall constitute a breach by such Bidder of the Agreement created by the

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acceptance of the Proposal and, in such event, the OWNER, at his option, may determine that such Bidder has abandoned the contract. Thereupon such Bidder’s Proposal and the acceptance thereof shall be null and void and the OWNER shall be entitled to take action for damages. Such damages shall include the amount of the total contract finally accepted in excess of that of the originally successful Bidder, losses arising from delays in the OWNER’S contract program, and all other items of cost to the OWNER resulting from such breach. In the recovery of the damages specified above, the OWNER may proceed against the sum represented by the bid guaranty and take such other action as the OWNER may deem best in the public interest.

17. ASSIGNMENT

The successful Bidder to whom any Contract shall be let, granted or awarded shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or of his right, title, or interest therein or his power to execute such Contract, to any person or corporation without the prior consent in writing of the OWNER.

18. CONTRACT EXTENSION

The Contract may be extended for a period of one (1) year, under the same conditions, upon mutual agreement of both parties if it meets the approval of both the Contractor and the Owner.

19. EXTENSION OF BID TO ADDITIONAL PARTIES:

With CONTRACTOR concurrence, the OWNER may allow any OWNER agency, department or municipality, or any other organization eligible pursuant to NYS General Municipal, to utilize the terms of an awarded bid. The OWNER will not be a party to any such third-party agreements and is not in any way bound by or liable for any such agreements or any performance there under. CONTRACTOR shall provide information to the OWNER about such third-party agreements upon request.

20. ALTERNATE SOURCE:

Where a New York State bid or a bid from another municipality results in an award for an item herein at a total price which is more favorable than that of the bidder to whom an award is made herein, and such price is available to the OWNER, the OWNER reserves the right to purchase from the State bid or from such other, alternate bid, notwithstanding its award to the lowest responsible bidder herein, after offering the OWNER bid awardees an opportunity to meet or better the item price.

END OF INSTRUCTIONS TO BIDDERS

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SUMMARY OF THE WORK

1.01 GENERAL

A. Contract Documents affecting the work of the Contractor shall include all sections of this Project Manual, the City of Jamestown Standard Specifications, all drawings referenced and issued with the Specifications, all referenced codes and standards, all subsequent addendum to the initially issued bid documents, the final signed contract and any subsequently signed Change Orders.

B. The work of other contracts to be let by the City of Jamestown in the future may affect the work of a Contract herein. The work involved in such other contracts will be described in separate contract documents which will be available for inspection by interested parties at such location and time to be named later.

1.02 DESCRIPTION

A. The "Work" under this Contract is intended to include all labor, materials, equipment, and services necessary to provide and accomplish the construction of the site improvements shown on the drawings, including beach launch, floating dock, water safety equipment, Panzarella Point dock/wharf, asphalt, concrete and unit paver pavements, pavilion, site furniture, signage, lighting and landscaping.

All excavation, removal and landscape restoration will be completed by the contractor. Items to be salvaged to the owner are noted on the plans.

B. Electrical work shall include all conduits, pullboxes, manholes, light pole bases, lightpoles and luminaires as shown on the drawings and indicated in the specifications. The Jamestown Board of Public Utilities (BPU) shall run wire in the conduits and make the service connections.

C. The work will construct new concrete, asphalt and unit paving. Old, existing concrete, asphalt and gravel pavement will be removed and disposed of by the contractor. The subbase to which the stone and concrete will be placed, will be graded and leveled by the contractor.

D. The Contractor will be responsible for constructing pavements and structures to the line and grade specified by the Owner, to the tolerances listed in the General and Supplementary Conditions. The Contractor is responsible for excavation, removal and disposal of all material as directed by the Engineer.

E. The work under this contract requires permits from the New York State

Department of Environmental Conservation. Contractor shall adhere to all permit conditions at all times.

F. The Contractor shall supply communication and response services to the City for

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the duration of his work, as described in the General Conditions.

1.03 LOCATION

The work will be located along the southern side of the Chadakoin River Basin adjacent to the Jamestown Board of Public Utilities facility on Steele Street.

1.04 AMOUNT OF WORK

A. The bid items are lump sum items inclusive of all work shown on the drawings and indicated in the specifications.

1.05 SEQUENCE AND PROGRESS OF WORK

A. The sequence of the work shall adhere, at a minimum, to the following time schedule:

10/26/2026 - Contract Award Approval

11/13/2026 - Contract date and Notice to Proceed

11/20/2026 - Anticipated Start Date

09/06/2027 - Substantial Completion

10/31/2027 - Final Completion

1.06 LIQUIDATED DAMAGES

A. The Contractor shall pay liquidated damages for work which is not substantially completed within the time limits stipulated in the Summary of Work, Part 1.05.

The Contractor shall make a payment to the City in the amount of One Hundred Dollars ($100.00) per calendar day until the violation is corrected.

END OF SUMMARY OF WORK

BID PROPOSAL

To: City of Jamestown

Department of Public Works 145 Steele Street Jamestown, New York 14701

Re: Chadakoin River Activation Project – Phase 1: South Basin and Panzarella Point

Gentlemen:

The Bidder, in compliance with your invitation for bids and addenda and having examined the plans and specifications with related documents and the site of the proposed work, and being further familiar with all of the conditions surrounding the construction of the proposed work, including the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies, and to construct the project in accordance with the contract documents, within the time set forth therein, and at the price attached. The price covers all expenses to be incurred in performing the work required under the contract documents, of which this proposal is a part.

Pursuant to, and in accordance with your Notice to Bidders and in the Instructions to Bidders relating thereto, the undersigned hereby offers to:

Furnish all materials, supplies, tools and labor required for the project, and for which he is submitting a proposal, and as required by, and in strict accordance with the Plans, Specifications, Contract Documents, and Addenda issued by the Owner and sent to the undersigned prior to the opening of bids, whether received by the undersigned or not, complete in place, tested and ready for use, with all appurtenances and appurtenant work, for the bid prices specified herein.

The undersigned bidder agrees to submit to all conditions reported, intended, or implied, both particularly and generally by the Contract at the prices herein stated for this project.

The Bidder hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully comply with time stipulations listed within the Project Manual.

The undersigned agrees to perform said work described in the specifications and shown on the plans for the unit prices as shown on the Schedule of Bid Items and agrees to accept the aforesaid unit bid prices in compensation for any additions or deductions caused by variations in quantities due to more accurate measurement or by any changes or alterations in the plans or specifications of the work for use in the computation of the value of the work performed for monthly estimates.

The Bidder understands that the Owner reserves the right to reject any or all bids.

The undersigned submits herewith bid security in the amount of $____________________ as

(To be filled in by Bidder) specified in Instructions to Bidders, and agrees to submit such additional information as required in Instructions to bidders. In case this Proposal is accepted by the Owner, and the undersigned shall refuse or neglect, within fifteen (15) calendar days after date of receipt of Notice of Award, to execute and deliver an AGREEMENT in the form providing herein, or to execute and deliver a performance bond and a labor and material bond in the amounts required and in the form prescribed, the amount of bid security shall be forfeited and will be retained by the Owner as liquidated damages, such forfeiture and retention by the owner shall not prejudice any other right or remedy of the Owner, otherwise the total amount of the bid security will be returned to the depositor in accordance with provisions set forth in the Instructions To Bidders.

The Bidder acknowledges completion of the Statement of Bidders Qualification and receipt of the following addendum:

Addendum No. __________ Date: _______________________________ Addendum No. __________ Date: _______________________________ Addendum No. __________ Date: _______________________________

Respectfully submitted:

By: _________________________________ Type or Print

(Title)

Signature: _________________________________

For: _________________________________ (Business Address)

Date: ____________________ _________________________________

(Phone & Fax #) Affix Seal (If bid is by a corporation)

Witness: _________________________________

SCHEDULE OF BID ITEMS

SCHEDULE OF BID ITEMS

Item No. Quantity Unit Description Unit Price Amount

1 1 LS SITE WORK $ $

2 1 LS BEACH LAUNCH $ $

3 1 EA ACCESSIBLE FLOATING LAUNCH $ $

4 1 LS WATER SAFETY EQUIPMENT $ $

5 1 EA PAVILION $ $

6 1 LS LANDSCAPING $ $

7 1 LS PANZARELLA DOCK/WHARF $ $

8 1 EA SIGNAGE $ $

9 1 LS LIGHTING $ $

TOTAL

Total Amount of Bid

Dollars

(written words)

Date:

(business name)

By:

(signature)

(printed name and title)

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DESCRIPTION OF BID ITEMS

PART 1 - MEASUREMENT AND PAYMENT

1.01 GENERAL

This section defines the methods of measuring the payment quantities for all work performed by the Contractor under this unit price contract. All payment item quantities shall be computed based on field survey of completed work, as finally accepted by the Owner.

1.02 NON-DIRECT PAYMENT

A. The Contractor is advised that while specifically required or called for by the Contract

Documents, no direct payment shall be made for:

1. Special Controls

2. Insurance and bonds

3. Supervision

4. Health and safety equipment and supplies

5. Attendance at meetings

6. Equipment maintenance

7. Support of earth excavation

8. Protection of partially completed work areas during inclement weather

9. Protection and signage of work areas.

The costs of this work, and others not specifically identified under the under the bid item descriptions shall be considered incidental to the Contract and shall be included in the unit prices bid for the various items in the Contract.

1.03 ENGINEER'S ESTIMATE OF QUANTITIES

A. The Engineer's estimated quantities for unit bid prices, as listed in the Bid Proposal are included solely for the purpose of comparison of Bids. The Owner/Engineer does not expressly or by implication agree that the nature of the materials encountered or required will correspond therewith and reserves the right to increase or decrease any quantity as may be deemed necessary. The Contractor agrees to accept the bid unit prices as complete and total compensation for any additions or deductions caused by a variation in quantities as a result

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of more accurate measurements, or by any changes or alterations in the work ordered by the

Owner, and for use in the computation of the value of the work performed for progress payments. Neither the Owner nor the Contractor will be entitled to any adjustments in a unit bid price as a result of any change in quantity.

1.04 MEASUREMENTS

A. The measurement of all quantities shall be based on measurements made by the Contractor and verified by the Owner prior to acceptance, recommending, authorizing, and processing request for payment. Measurement of quantities under each bid item shall be completed using the specified units of measurement.

B. All survey measurements for quantities shall be in a form acceptable to the Owner and shall include all summaries, calculations, drawings, sketches, and notes necessary for the Owner to verify quantities.

1.05 PAYMENT

Payment will be made only for work performed in accordance with the Drawings, Specifications and Contract Documents. Such payment will constitute complete compensation for all work prescribed on the Drawings, Specifications or other Contract

Documents and for all costs of accepting the general risks, liabilities and obligations, expressed or implied. Payment under all bid items shall include, but not necessarily be limited to, compensation of furnishing all supervision, labor, equipment, overhead, profit, materials and services for performing all work described under each bid item and all other work required as shown or specified, or incidental to the project.

PART 2 - BID ITEMS

2.01 ITEM 1 – SITE WORK

A. Description: The work shall include but not limited to the labor, material, equipment, demolition debris disposal, and all work required for General Construction & miscellaneous items identified and stated within the drawings and specifications. This unit price does not include unit prices 2 through 8.

1. Mobilize and set up staging areas.

2. Install all applicable erosion and sediment control measures identified on the Erosion

& Sediment Control Plan(s), in the Stormwater Pollution Prevention Plan (SWPPP), and the Contract Documents.

3. Remove existing site utilities, structures, etc. as identified on the Site Demolition

Plans. Coordinate with local utilities as required to complete the work.

4. Re-grade the site and perform all earthwork operations to accommodate the proposed work.

5. Install the new site utilities and tie into the existing utilities as required. Provide all services as indicated on the Contract Drawings. Coordinate with all utility companies as required.

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6. Construct the new asphalt, concrete and unit paver pavements, associated curbing, stormwater management practices, pavement striping, traffic signage, and site furniture as shown on the contract documents.

7. Other Work indicated in the Contract Documents.

8. Coordinate work sequences with the property owner (Jamestown Board of Public

Utilities) to maintain continuous access to BPU facilities.

B. Unit of Measurement: Payment will be on a Lump Sum basis in accordance with the bid tabulation.

2.02 ITEM 2 – BEACH LAUNCH

A. Scope of Work:

1. Contractor shall install all required erosion and sediment control systems, including turbidity curtain, as required by NYSDEC permit.

2. Contractor shall excavate to the limits necessary and prepare a compacted subbase with an approved mechanical compactor.

3. Contractor shall construct the articulated concrete mat launch ramp as shown on the drawings and indicated in the specifications.

4. Contractor shall include the installation of riprap and boulder retaining walls adjacent to the launch ramp as shown on the drawings.

5. Contractor shall provide and maintain all related erosion and sediment control practices as required by the NYSDEC permit (i.e. turbidity curtain).

2.03 ITEM 3 - ACCESSIBLE FLOATING LAUNCH

1. Contractor shall excavate to the limits necessary for the concrete bulkhead anchor system and prepare a compacted subbase with an approved mechanical compactor.

2. Contractor shall provide and install a floating accessible kayak launch assembly, including gangway and attachment to concrete bulkhead anchor as well as any additional required anchorage.

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2.04 ITEM 4 – WATER SAFETY EQUIPMENT

1. Contractor shall install concrete anchors for water safety barrier as indicated on the drawings.

2. Contractor shall provide, assemble and install water safety barrier system as indicated on the plans using manufacturer’s recommended anchorage system.

2.05 ITEM 5 – PAVILION

1. Contractor shall install concrete foundation footings as indicated by the pavilion manufacturer.

2. Contractor shall provide, assemble and install pavilion structure as indicated on the plans using manufacturer’s recommended anchorage system.

2.06 ITEM 6 – LANDSCAPING

1. Contractor shall excavate planting beds and tree pits and provide and install suitable planting soil as indicated in the drawings and specifications.

2. Contractor shall provide and install all plant materials as shown on the drawings and indicated in the specifications.

3. Contractor shall provide continuous maintenance as of plant materials as indicated in the specifications. Warranties shall be provided for plant materials as indicated in the specifications.

2.07 ITEM 7 – PANZARELLA DOCK/WHARF

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1. Contractor shall construct a new dock/wharf structure at Panzarella Point as shown on the drawings. The structure includes a concrete retaining wall, support piles, framing, decking and handrailings.

2. Contractor shall provide and maintain all related erosion and sediment control practices as required by the NYSDEC permit (i.e. turbidity curtain).

2.08 ITEM 8 – SIGNAGE

1. This work shall consist of furnishing and installing custom wood monument signage as shown on the drawings. Work shall include concrete foundation footing and anchoring hardware as recommended by sign manufacturer.

2.09 ITEM 9 - LIGHTING

1. Work shall include providing and installing new underground conduit, pullboxes, and associated hardware, concrete light pole bases, light poles, and luminaires as shown on the drawings and indicated in the specifications. All work shall be coordinated with City of Jamestown Board of Public Utilities.

2. Trenching excavation and backfill for conduits shall also be included in this item

3. BPU shall install one new wood pole and mast arm light

4. Contractor shall install wire in the conduits; BPU shall make the service connections.

5. Existing overhead poles, wiring and lights designated for removal on the drawings shall be removed by BPU.

END OF SECTION

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NON-COLLUSION BIDDING CERTIFICATION

By submission of this bid, the bidder and each person signing on behalf of the bidder certifies, subject to the terms of Section 103-d of the General Municipal Law, as amended, and under penalty of perjury, that to the best of its knowledge and belief:

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

(b) 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 being disclosed by the bidder prior to the opening, directly or indirectly, to any other bidder or to any competitor; and

(c) 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.

(d) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties of perjury affirms the truth hereof, such penalties being applicable to the bidder as well as to the person signing in its behalf.

Signature ____________________________

Title ________________________________

STATE OF NEW YORK )

COUNTY OF ) SS:

On this __________ day of __________, 20_____, before me personally appeared

__________________________, to me known, who being by me duly sworn, did depose and say that he resides at __________________________ ____________________, New York:

that he is the ________________________of___________________________________, the corporation described in and which executed the within instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of said corporation.

Notary Public

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AFFIDAVIT OF FOREIGN CORPORATION

STATE OF )

COUNTY OF ) SS:

I,_______________________________, as ____________________of _______________

_______________________________, Inc., a corporation, incorporated under the laws of

____________________ authorized to do business in New York, do hereby certify and affirm that ________________________________, Inc., has complied with Article 13 of the

Business Corporations Law of the State of New York.

As proof I submit a copy of:

______ A receipt of filing an application to do business in New York

Secretary of State; or

______ A copy of our application for authority to do business in New York filed with the Secretary of State on _______________, 20___.

As said corporation has complied with Article 13 of the Business Corporations Law of the

State of New York, I hereby swear and affirm that __________________________ , Inc., is authorized to do business in the State of New York.

Under penalties of perjury, I declare that the facts presented are true, correct and complete.

In witness whereof, I set my hand and attach the corporate seal this day of __________, _______________, 20___.

Title

Business Corporation Law of New York, Section 102 (7):

"Foreign Corporation" means a corporation ... formed under laws other than the statutes of

(New York) ... "Authorized," when used with respect to a foreign corporation, means having authority, under Article 13 (Business Corporation Law) to do business in this state.

AFD-1

AFFIDAVIT (Corporate)

STATE OF ___________________

COUNTY OF _________________ ss:

__________________________________________, being duly worn, deposes and says that I have made a complete and thorough examination of the financial records of said firm; and that I have determined that said firm is currently not in arrears in taxes or upon debt or contract to or with the County of Chautauqua, that said firm has not defaulted as surety or otherwise upon a contract or obligation to the County of Chautauqua, and that said firm is not disqualified to bid upon municipal or state contracts under any Act of New York State Legislature.

Sworn to before me this _____ day of _______________________, 20___.

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ACKNOWLEDGMENT BY INDIVIDUAL CONTRACTOR

STATE OF ________________________

COUNTY OF ______________________ ss:

On this _____ day of ____________________, 20___, before me personally came

_____________________________________ to me known and known to me to be the person described in, and who executed the foregoing instrument and duly acknowledged that he executed the same.

ACKNOWLEDGMENT BY PARTNERSHIP CONTRACTOR

_____________________________________ to me known and known to me to be the person described in, and who executed the foregoing , who, being duly sworn by me, did for himself depose and say that he is a member of the firm of _______________________________ consisting of himself and ________________________ and that he had the authority to sign same, and he did duly acknowledge to me that he executed the same as the act and deed of said firm of _____________________________ for the uses and purposes mentioned therein.

ACKNOWLEDGEMENT BY CORPORATION

________________________________ to me known, who being duly sworn, did depose and say that he is the _______________ of ___________________________________________, the corporation described in and which executed the foregoing instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he signed his name thereto by like order.

BQS-1

STATEMENT OF BIDDERS QUALIFICATIONS

All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires.

(1) Name of Bidder.

(2) How many years have you been engaged in the contracting business during your present firm or trade name?

(3) Contracts on hand. VERY IMPORTANT. (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion).

(4) Have you ever defaulted on a contract? If so, where and why?

(5) Experience in construction work similar in importance to this project. List specific projects with references (contact names and numbers).

BQS-2

(6) Employees Experience: List names and qualifications of workers assigned to this Contract, including supervisor and contact person.

(7) Will you, upon request, fill out detailed financial statement and furnish any other information that may be required by the Owner?

(8) The undersigned hereby authorizes and requires any person, firm, or corporation to furnish any information requested by the Owner in verification of the recitals comprising this

Statement of Bidder's Qualifications.

Dated at ________________this_______day of_______________, 20___

(Name of Bidder)

By _____________________________

Title ____________________________

BQS-3

STATEMENT OF BIDDER'S QUALIFICATIONS

STATE OF ____________________________________________)

)SS:

COUNTY OF __________________________________________)

__________________________, being duly sworn, deposes and says that he is

__________________________of____________________________________________

(Name of Organization) and that answers to the foregoing questions and all statements therein contained are true and correct.

Subscribed and sworn to before me this ________ day of ______________, 20___.

(Notary Public)

FOC-1

FORM OF CONTRACT

AGREEMENT

THIS AGREEMENT, made this ______ day of ________________, 20____, by and between the

CITY OF JAMESTOWN, NY, hereinafter called the "Owner", and ______________________, doing business as a corporation located in the _________________________, County of

Chautauqua, and State of New York, hereinafter called "Contractor".

WITNESSETH: That for an in consideration of the mutual covenants and conditions herein expressed, the Owner and Contractor hereby agree as follows:

FIRST: The Contractor covenants to and with the Owner to furnish _________________________ to the City of Jamestown, as described in the Project Manual, General Conditions, Specifications, Instructions To Bidders and Bid Proposals, all of which are made a part hereof by reference, at the price stated in the bid, it being understood that the General Conditions, Specifications, Notice To

Bidders, Instructions To Bidders and Bid Proposals are a part of this agreement as though more fully put forth herein.

SECOND: The Contractor agrees to perform the said services and to furnish the said materials in a good and workmanlike manner and to the satisfaction of the Owner for a maximum sum of:

THIRD: It is understood and agreed that the performance of this agreement is to run from

________________ through _________________. The City can terminate or cancel this Agreement in whole or in part, without reason, upon thirty (30) days written notice to the Contractor with accounts between parties to be adjusted and prorated as of such termination date.

FOURTH: It is understood and agreed that the provisions of the Charter and Ordinances of the City and of the laws of the State of New York relating to municipal contracts, applicable hereto, including, but not limited to appropriate provisions of the Labor Law of the State of New York, the

General Municipal Law of the State of New York, are hereby made a part of this contract as though set forth fully herein, and the Contractor further agrees to comply with all of the requirements contained herein, it being understood that in the event of a failure to comply, this agreement shall be and become void and of no effect.

FIFTH: The Contractor agrees to defend, indemnify and save harmless the Owner, its officers, agents and employees from any and all damages occasioned to any person or property arising from the negligence or want of care of the Contractor, its agents, servants, employees and sub-contractors, if any, in the performances of this contract, or from any defective condition of the materials

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contemplated…