PROJECT MANUAL

WATERVLIET OUTDOOR POOL COMPLEX

MODERNIZATION

(WATER FEATURES PROCUREMENT & INSTALLATION

SERVICES ONLY)

JULY 2026

CHA PROJECT #: 109222

Prepared for:

CITY OF WATERVLIET

ALBANY COUNTY, NEW YORK

Prepared by:

CHA

III Winners Circle

Albany, New York 12205

(518) 453-4500

TABLE OF CONTENTS

Page Number

NOTICE TO BIDDERS NTB-1 to NTB-2

INSTRUCTIONS TO BIDDERS ITB-1 to ITB-6

BID DOCUMENTS:

Bid Form BF-1 to BF-6 Bid Bond BB-1 to BB-2 Bidder's Qualification Questionnaire BQ-1 to BQ-2 Worker’s Compensation WC-1

SAMPLE AGREEMENT A-1 to A-5

CONSTRUCTION PERFORMANCE BOND 2 Pages

CONSTRUCTION PAYMENT BOND 2 Pages

GENERAL CONDITIONS GC-1 to GC-35

SUPPLEMENTARY CONDITIONS SC-1 to SC-16

Prevailing Wage Rates

Division 01 – General Requirements

011000 Summary 011400 Work Restrictions 012300 Alternates 012600 Contract Modification Procedures 012900 Payment Procedures 013300 Submittal Procedures 014000 Quality Requirements 014200 References 015000 Temporary Facilities and Controls 017300 Execution Requirements 017419 Construction Waste Management and Disposal 017700 Closeout Procedures

Division 13 – Special Construction

131100 Water Features & Feature Equipment 131200 Water Slide & Accessories

END OF TABLE OF CONTENTS

TABLE OF CONTENTS

NOTICE TO BIDDERS

CITY OF WATERVLIET OUTDOOR POOL COMPLEX

MODERNIZATION

(WATER FEATURES PROCUREMENT & INSTALLATION SERVICES ONLY)

CITY OF WATERVLIET

ALBANY COUNTY, NEW YORK

The City of Watervliet is advancing the redevelopment of its existing aquatic center on 2nd Avenue, supported in part by NY SWIMS grant funding. The project will modernize the facility into a safe, accessible, and community-focused destination featuring leisure and lap swimming areas, a beach-entry pool, learn-to-swim spaces, and family-oriented water features. The project will incorporate upgraded infrastructure, including pool systems, drainage, utilities, circulation, and site amenities such as decking, shade structures, and furnishings. Upon completion, the improved aquatic center will provide a modern, inclusive recreational asset that enhances quality of life for residents and supports the City’s long-term community and infrastructure goals.

Notice is hereby given that the City of Watervliet (City) hereby invites sealed bids for the necessary services to procure materials (Base Bid) and installation services (Bid Alternate #1) for the Outdoor Pool Complex modernization’s water features and water slide located at the City’s existing outdoor pool facility on 2nd Avenue in Watervliet, New York.

Sealed bids will be received by the City of Watervliet City Clerk’s Office, City Hall, 2 Fifteenth Street, Suite B Watervliet, NY 12189 until 11:00 A.M. EST on Wednesday, September 2nd, 2026, at which time they will be publicly opened and read. Bids shall be addressed to Ms. Melissa Cherubino, General Manager, City of Watervliet, City Hall, 2 Fifteenth Street, Suite B Watervliet, NY 12189.

Bids shall be in sealed envelopes which shall bear on the face thereof, the name and address of the bidder and subject of the bid. All bids must be made on the official bid form or an exact copy by reproduction thereof and enclosed in a sealed envelope. Original and one (1) copy shall be submitted. This is a lump sum bid as described in the Instructions to Bidders. No Bidder may withdraw his bid within forty-five calendar days after the actual date of the opening thereof.

Each bid must be accompanied by a bid security in the amount of five percent of the base bid in accordance with the Instructions to Bidders.

A pre-bid conference will not be scheduled as it is deemed unnecessary for this bid. However, should any bidder wish to visit the pool, they may do so by reaching out to the City to schedule a site visit.

The work includes providing all labor, materials, machinery, tools, equipment and other means of construction necessary and incidental to the completion of the work shown on the plans and described in these specifications including, but not necessarily limited to the following:

Provide all necessary materials and labor to manufacture all the water features (including the 20-foot-tall water slide) in and around the pool and pool deck including delivery to the park or a designated area dictated by the City. The water feature / water slide equipment package shall be delivered to the City by or before February 1, 2027. This shall be considered Base Bid work.

Provide the cost required to install the supplied water feature / water slide equipment package delivered to the jobsite. This shall include all labor, installation materials, tools, equipment and services necessary to successfully complete the installation. This work shall be performed between February 1, 2027, and May 1, 2027. This shall be considered Bid Alternate #1.

Drawings and specifications may be provided via pdf documents and shall be available at the City of Watervliet City Hall, 2 Fifteenth Street, Suite B, Watervliet, NY 12189.

Complete sets of the drawings, specifications and bid forms may be obtained from CHA in accordance with the Instructions to Bidders. Contract Documents will be provided in PDF format via email and may be obtained at no cost. Contractors that obtain Contract Documents from a source other than the Issuing Office must notify the Issuing Office in order to be placed on the official Plan Holders List in order to receive Addenda and other Bid correspondence. Bids received from Contractors will be evaluated for completeness and may be rejected if deemed inaccurate to the project’s scope of work (including Bid Addenda).

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The successful Bidder will be required to furnish construction performance and payment bonds in the full amount of the contract price. The successful Bidder will be required to comply with all provisions of the Federal Government Equal Employment Opportunity clauses issued by the Secretary of Labor on May 21, 1968 and published in the Federal Register (41CFR Part 60-1, 33 F.2 7804).

Owner reserves the right to reject any and all Bids, to waive any and all informalities and the right to disregard all nonconforming, non-responsive or Conditional Bids.

ENGINEER: OWNER:

CHA CITY OF WATERVLIET

III Winners Circle City Hall Albany, NY 12205 2 Fifteenth Street Phone: (518) 453-4790 Watervliet, NY 12189 Attn: Matt Cathone Phone: (518) 270-3800 mcathone@chasolutions.com

CITY OF WATERVLIET

Melissa Cherubino, City Manager

Dated: July 16, 2026.

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mailto:mcathone@chasolutions.com

INSTRUCTIONS TO BIDDERS

PROJECT IDENTIFICATION:

a) Project Title: City of Watervliet Outdoor Pool Complex Modernization (Water Features Procurement & Installation Services Only)

b) Owner: City of Watervliet City Hall 2 Fifteenth Street Watervliet, NY 12189

c) Engineer: CHA III Winners Circle Albany, New York 12205 Phone: (518) 453-4500

Paragraph INDEX Page

1. Defined Terms. 2

2. Copies of Bidding Documents 2

3. Qualification of Bidders 2

4. Examination of Contract Documents and Site. 2

5. Availability of Lands for Work, etc. 3

6. Interpretations and Addenda. 3

7. Bid Security. 4

8. Contract Times. 4

9. Liquidated Damages. 4

10. Substitute and “Or-Equal” Items. 4

11. Subcontractors, Suppliers, and Others 4

12. Bid Form and Bid Summary Form. 5

13. Submission of Bids. 5

14. Modification and Withdrawal of Bids. 5

15. Opening of Bids. 5

16. Bids to Remain Subject to Acceptance. 5

17. Award of Contract. 5

18. Contract Security. 6

19. Signing of Agreement. 6

20. Prebid Conference. 6

21. Sales and Use Taxes. 6

22. Retainage. _____________________________ 6

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1. Defined Terms.

Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Project Manual have the meanings assigned to them in the General Conditions.

Certain additional terms used in these Instruction to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof.

1.1 Bidder - one who submits a Bid directly to Owner

as distinct from sub-bidder, who submits a bid to a Bidder.

1.2 Issuing Office - the office from which the Bidding

Documents are to be issued and where the bidding procedures are to be administered.

1.3 Successful Bidder - the lowest, responsible and

responsive Bidder to whom Owner (based on Owner’s evaluation as hereinafter provided) makes an award.

2. Copies of Bidding Documents

2.1 Complete sets of the Bidding Documents will be

provided via email in PDF format and may be obtained from the Issuing Office. If the Bidding Documents are obtained from a source other than the Issuing Office, the Contractor must notify the Issuing Office in order be placed on the official Plan Holders List, receive Addenda and other Bid correspondence. Bids received from Contractors other than those on the official Plan Holders list will not be accepted.

2.2 Complete sets of Bidding Documents must be used

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

2.3 Owner and Engineer in making copies of Bidding

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

3. Qualification of Bidders

To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five 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). Each Bid must contain evidence of Bidder’s qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract.

4. Examination of Contract Documents and Site.

4.1 It is the responsibility of each bidder before

submitting a Bid:

4.1.1 To examine thoroughly the Contract Documents

and other related data identified in the Bidding Documents (including “technical data” referred to below);

4.1.2 To visit the site (if deemed necessary) to become

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

4.1.3 To consider federal, state, and local Laws and

Regulations that may affect cost, progress, performance or furnishing of the Work;

4.1.4 To study and carefully correlate Bidder’s

knowledge and observations with the Contract Documents and such other related data; and

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

4.2 Reference is made to the Supplementary

Conditions for identification of:

4.2.1 Those reports of explorations and tests of

subsurface conditions at or contiguous to the site which have been utilized by Engineer 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, nor upon the completeness thereof for the purposes of bidding or construction.

4.2.2 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 Engineer 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

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information shown or indicated in such drawings or otherwise relating to such structures, nor 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 the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.2 of the General Conditions has been identified and established in Paragraph SC-4.2 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.

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

4.4 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 4.2 and

4.3 of the General Conditions.

4.5 Before submitting a Bid each Bidder will be

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

4.6 On request, OWNER will provide each Bidder

access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid.

Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests, and studies.

4.7 Reference is made to the Supplementary

Conditions for the identification of the general nature of work that is to be performed at the site by Owner or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such work.

4.8 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 of the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences, or procedures for construction (if any) that may be shown or indicated or expressly required by the Contract Documents, the Bidder has given Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract Documents, and the Contract documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

4.9 The provisions of 1-4.1 through 4.8, inclusive, do

not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste, or Radioactive Material covered by Paragraph 4.5 of the General Conditions.

5. Availability of Lands for Work, etc.

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 land and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents.

6. Interpretations and Addenda.

6.1 All questions about the meaning or intent of the

Bidding Documents are to be directed to Engineer.

Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be

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answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6.2 Addenda may also be issued to modify the Bidding

Documents as deemed advisable by OWNER or

ENGINEER.

7. Bid Security.

7.1 Each bid must be accompanied by Bid security

made payable to OWNER in an amount of five percent of Bidder’s maximum Bid Price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of Paragraph 5.1 of the General Conditions.

7.2 The Bid security of Successful Bidder will be

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

8. Contract Times.

The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the term “Contract Times” is defined in paragraph 1.12 of the General Conditions) are set forth in the Agreement (or incorporated therein by reference to the attached Bid Form).

9. Liquidated Damages.

Provisions for liquidated damages, if any, are set forth in the Agreement.

10. Substitute and “Or-Equal” Items.

The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or “or-equal” items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in Paragraphs 6.7.1, 6.7.2 and 6.7.3 of the General Conditions and may be supplemented in the General Requirements.

11. Subcontractors, Suppliers, and Others

11.1 If the Supplementary Conditions require the

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

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

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 Subcontractors, Suppliers, and other persons and organizations.

11.2 In contracts where the Contract Price is on the

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

11.3 No CONTRACTOR shall be required to employ

any Subcontractor, Supplier, other person or organization against who CONTRACTOR has reasonable objection.

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11.4 Bidders must submit a sealed list naming each

subcontractor for the plumbing, HVAC, electrical, concrete flat work, concrete pool shell work and the amount to be paid to each. The list may not be changed unless the public owner finds a legitimate construction need, including a change in specifications or costs.

12. Bid Form and Bid Summary Form.

12.1 The Bid Form and Bid Summary Form (where

applicable) are included with the Bidding Documents;

additional copies may be obtained from Engineer (or the Issuing Office).

12.2 All blanks on the Bid Form must be completed by

printing in black ink or by typewriter.

12.3 Bids by corporations must be executed in the

corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

12.4 Bids by partnerships must be executed in the

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

12.5 All names must be typed or printed in black

ink below the signature.

12.6 The Bid shall contain an acknowledgment of

receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

12.7 The address and telephone number for

communications regarding the Bid must be shown.

12.8 Evidence of authority to conduct business as

an out-of-state business entity in the state where the Work is to be performed shall be provided in accordance with Paragraph 3 above. State contractor license number, if any, must also be shown.

13. Submission of Bids.

Bids shall be submitted at the time and place indicated in the Advertisement or Notice to Bidders and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation “BID ENCLOSED” on the face of it.

14. Modification and Withdrawal of Bids.

14.1 Bids may be modified or withdrawn by an

appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

14.2 Where an unilateral error or mistake is

discovered in a Bid, such Bid may be withdrawn after a showing of the following: (1) the mistake is known or made known to the OWNER and ENGINEER prior to the awarding of the contract or within three days after the opening of the Bid, whichever period is shorter; and

(2) the price Bid was based on an error of such magnitude that enforcement would be unconscionable;

and (3) the Bid was submitted in good faith and the Bidder submits credible evidence that the mistake was a clerical error as opposed to a judgment error; and (4) the error in the Bid is actually due to an unintentional and substantial arithmetic error or an unintentional omission of a substantial quantity of work, labor, material, goods or services made directly in the compilation of the Bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of the original work papers, documents, or materials used in the preparation of the Bid sought to be withdrawn; and

(5) it is possible to place the OWNER in status quo ante.

15. Opening of Bids.

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

16. Bids to Remain Subject to Acceptance.

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

17. Award of Contract.

17.1 To the fullest extent permitted by law OWNER

reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, non-responsive, unbalanced, or conditional Bids and to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, ITB-5 whether because the Bid is not responsible or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate, to the extent permitted by law, contract 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.

17.2 In evaluating Bids, OWNER will consider the

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

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

17.4 Owner may conduct such investigations as

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

Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen days thereafter CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten days thereafter OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification.

20. Prebid Conference.

A pre-bid conference will not be scheduled as it is deemed unnecessary for this bid. However, should any bidder wish to visit the pool, they may do so by reaching out to the City to schedule a site visit.

21. Sales and Use Taxes.

OWNER is exempt from New York State Sales and Use Taxes on materials and equipment to be incorporated in the Work (exemption No. to be provided at contract award). Said taxes should not be included in the Contract Price. Refer to Supplementary Conditions SC-6.15 for additional information.

22. Retainage.

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

17.5 If the contract is to be awarded, it will be

awarded to lowest responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Project.

17.6 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.

18. Contract Security.

Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth OWNER’s requirements as to performance and payment Bonds.

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

19. Signing of Agreement.

When OWNER gives a Notice of Award to the

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BID FORM

City of Watervliet Outdoor Pool Complex Modernization (Water Features PROJECT IDENTIFICATION: Procurement & Installation Services Only)

CONTRACT IDENTIFICATION 01

AND NUMBER:

THIS BID IS SUBMITTED TO:

(Name and Address of Owner)

City of Watervliet City Hall Attn: Melissa Cherubino, General Manager 2 Fifteenth Street Watervliet, NY 12189

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

2. BIDDER accepts all the terms and conditions of the Advertisement or Notice to Bidders and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for forty-five (45) days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER’s Notice of Award.

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

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

b. BIDDER may visit the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, and furnishing of the Work.

c. BIDDER is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work.

d. BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions.

BIDDER accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the “technical data” contained in such reports and drawings upon which BIDDER is entitled to rely as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER’s purposes. BIDDER acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicted in the Bidding Documents with respect to underground facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all 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

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progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents.

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

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

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

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

4. BIDDER will complete the Work in accordance with the Contract Documents for the Pool modernization project for the following price(s) inclusive of the prescribed allowance for each alternative:

BASE BID PRICE (Water Features and equipment including water slide):

(use words) (figures)

ALTERNATIVE #1 PRICE

(Water Features & equipment installation including water slide Installation):

All specific cash allowances are included in price(s) set forth above and have been computed in accordance with paragraph 11.8 of the General Conditions.

If necessary, Bidder will complete the Work in accordance with the Contract Documents for the following Unit price(s):

Not Applicable

Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions.

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5. BIDDER agrees that the Water Features package:

1. will be delivered by or before February 1, 2027.

2. will be installed between February 1, 2027, and May 1, 2027.

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

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

a. Resolution of Board of Directors

b. Non-Collusion Form

c. Required Bid Security in the form of certified bank check or a bid bond issued by a surety.

d. Required BIDDER’s Qualification Statement with supporting data.

7. Communications concerning this Bid shall be addressed to:

The address of BIDDER indicated below.

The following address:

CHA Consulting, Inc 3 Winners Circle Albany, NY 12205 518.453.4790 mcathone@chasolutions.com

8. Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions or Instructions.

SUBMITTED on 20 .

State Contractor License No. _______________________________

If BIDDER is:

An Individual

By ____________________________________________________________________________ (SEAL) (Individual’s Name) doing business as _______________________________________________________________________

Business address: ______________________________________________________________________

Phone No.: ____________________________________________________________________________

A Partnership

By ____________________________________________________________________________ (SEAL) (Firm Name)

(general partner)

Business address: ______________________________________________________________________

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mailto:mcathone@chasolutions.com

Phone No.:

A Corporation

By ____________________________________________________________________________ (SEAL) (Corporation Name)

(state of incorporation)

By ____________________________________________________________________________ (SEAL) (name of person authorized to sign)

(Title) (Corporate Seal) Attest ________________________________________________________________________________

(Secretary)

Business address: ______________________________________________________________________

Phone No.: ____________________________________________________________________________

Date of Qualification to do business is ______________________________________________________

A Joint Venture

By ____________________________________________________________________________ (SEAL) (Name)

(Address)

By ____________________________________________________________________________ (SEAL) (Name)

(Address)

Phone Number and Address for receipt of official communications

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

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CERTIFIED COPY OF RESOLUTION OF

BOARD OF DIRECTORS OF

(NAME OF CORPORATION)

“RESOLVED that_______________________________________________ , _____________________________ (Person Authorized to Sign) (Title) of authorized to sign and submit the Bid of this corporation for (NAME OF CORPORATION) the following Project:

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

The foregoing is a true and correct copy of the resolution adopted by

(NAME OF CORPORATION)

at a meeting of its Board of Directors held on the ________ day of ______________________________ 20 .

By

T i t le

(SEAL)

The above form must be completed if the Bidder is a Corporation.

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NON-COLLUSION FORM

GENERAL MUNICIPAL LAW

CHAPTER 675

Amending 103-d - General Municipal Law

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

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

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

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

FIRM

BY

DATE

CONTRACT NO.(S) _________________________________

CONTRACT NAME(S) _______________________________

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BID BOND

BIDDER (Name and Address):

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

OWNER (Name and Address):

BID

BID DUE DATE:

PROJECT (Brief Description Including Location):

BOND

BOND NUMBER: _____________________________________________________________________ DATE: (Not later than Bid Due Date): ______________________________________________________

PENAL SUM:

IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid bond to be duly executed on its behalf by its authorized officer, agent, or representative.

BIDDER SURETY

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

By: _______________________________________ Signature and Title

Attest:_____________________________________ Signature and Title

(Seal) Surety’s Name and Corporate Seal

By: _______________________________________ Signature and Title (Attach Power of Attorney)

Attest: ____________________________________ Signature and Title

Note: (1) Above addresses are to be used for giving required notice.

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

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EJCDC No. 1910-28-C (1990 Edition)

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to OWNER upon default of Bidder the penal sum set forth on the face of this Bond.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents.

3. This obligation shall be null and void if:

3.1 OWNER accepts Bidder’s bid and

Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bid-ding Documents and Contract Docu-ments, or

3.2 All bids are rejected by OWNER, or

3.3 OWNER fails to issue a notice of

award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof).

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

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

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

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

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

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

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

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

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BIDDERS QUALIFICATION

QUESTIONNAIRE

The undersigned guarantees the accuracy of all statements and answers herein contained. (Please print in ink).

1. How many years has your firm been in business as a Manufacturer / Supplier / Contractor?

years

2. The bid documents illustrate and detail various water features (including the water slide) for the swimming pool modernization project that shall be utilized for public use whereby certain technical aspects of the design are common only to pool systems planned for public use. Understanding these aspects, their functions, and interaction through experience is deemed vital to completing a successful operating system. With this in mind, list at least five (5) projects of public use pools of similar nature that you are currently or have completed within the last three (3) years. Please include the project name, address, and current telephone number of the Owner’s Operator and Architect of Record to the Owner.

Also list the completion date (note: if project is still active, please list the anticipated completion date), the original contract bid price and the completed cost of each project listed (use additional sheets, if necessary).

3. Does your manufacturing facility have the means to complete the specified water features, water slide and equipment as per the contract documents?

4. Do you have the necessary labor workforce to complete the water features, water slide and equipment in a timely manner and deliver as per the project documents?

5. Do you have the materials readily available to complete the specified water features, water slide and

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equipment as per the project schedule?

6. Do you have the necessary means to install the specified water features, water slide and equipment within the timeframe suggested schedule? Do you foresee any issues with any aspects of the installation?

7. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business, and the address of the place of business. (If a corporation, state the name of all partners. If a trade name, state the names of the individuals who do business under the trade name.) It is absolutely necessary that information be furnished.

Correct Name of Bidder

a. The business is a (Type of Legal Entity)

b. The address of principal place of business is:

c. The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows:

Bidder

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AFFIDAVIT - WORKER’S COMPENSATION

State of _____________________________________

SS:

County of _________________________________ o f being duly sworn, deposes and says that he now carries or that he has applied for a Worker’s Compensation Policy to cover the operations, as set forth in the preceding contract, and to comply with the provisions thereof.

Signed: _____________________________________

Subscribed and sworn to before me this ___________ day of ______________ , 20 ____ .

Notary Public

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STANDARD FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

ON THE BASIS OF A STIPULATED PRICE

THIS AGREEMENT is dated as of the _________________ day of ____________________ in the year 20 __ by and between the City of Watervliet (hereinafter called OWNER) and _____________________________________

____________________ (hereinafter called CONTRACTOR).

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

ARTICLE 1 - WORK.

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

1. Base Bid: Furnish all materials, labor, equipment and services necessary to manufacture and deliver the new water features, water slide and equipment package for the Swimming pool modernization project.

Features and slide systems shall be protected and delivered in sections as dictated by the manufacturer.

2. Bid Alternate #1: Furnish all labor, installation materials, equipment and services necessary to install the new water features, water slide and equipment package for the Swimming pool modernization project.

ARTICLE 2 - ENGINEER.

The Project has been designed by CHA, III Winners Circle, Albany, New York 12205, who is hereinafter called ENGINEER and who is to act as OWNER’s representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

ARTICLE 3 - CONTRACT TIMES.

3.1 The Base Bid work will be completed by or before February 1, 2027, and the Bid Alternate #1 work will be completed between February 1, 2027, and May 1, 2027 (to be scheduled with future Pool Contractor). The above schedule is paramount to the success of the project and shall be adhered to.

3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time.