Bid Notice.pdf

City of Newburgh

83 Broadway, Newburgh, NY 12550

Project Manual

Newburgh, NY

North Street Sewer Separation

CW SRF C3-7332-11-05

Bid No. 12.26

July 2026

Prepared By:

Arcadis of New York, Inc.

646 Plank Road, Suite 100 Clifton Park, New York, 12065 Telephone: +1 518 250 7300

30235547

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30235547 00 01 07, Seals and Certifications

CITY OF NEWBURGH

NEWBURGH, NEW YORK

NORTH STREET

SEWER SEPARATION

SEALS AND CERTIFICATIONS

ENGINEER: Arcadis of New York, Inc.

646 Plank Road, Suite 100

Clifton Park, New York 12065

518-250-7300

A.J. Brooks, P.E.

License No. 098840

The seal and signature to the left applies to the following Specifications Divisions and Sections of this Project Manual:

• DIV 01 – DIV 40

Engineer’s seal and signature does not apply to the documents that comprise Division 00, Bidding and

Contracting Requirements.

It is a violation of applicable laws and regulations governing professional licensing and registration for any person, unless acting under the direction of the licensed and registered design professional(s) indicated above, to alter in any way the Specifications in this Project Manual.

30235547 00 01 07, Seals and Certifications

30235547 00 01 10-1

TABLE OF CONTENTS

Document or Section Initial

Number Name or Description Page

DIVISION 00 – BIDDING AND CONTRACTING REQUIREMENTS

INTRODUCTORY INFORMATION

00 01 07 Seals and Certifications................................................................ 00 01 07-1

00 01 10 Table of Contents ........................................................................ 00 01 10-1

BIDDING REQUIREMENTS

00 11 13 Advertisements for Bids .............................................................. 00 11 13-1

00 21 13 Instructions to Bidders ................................................................. 00 21 13-1

00 41 13 Bid Form ...................................................................................... 00 41 13-1

00 43 13 Bid Bond (Penal Sum Form)........................................................ 00 43 13-1

00 43 14 Bid Bond (Damages Form) .......................................................... 00 43 14-1

00 45 13 Qualifications Statement .............................................................. 00 45 13-1

00 45 19 Waiver of Immunity / Non-collusion Affidavit ........................... 00 45 19-1

00 45 20 Affidavit – Workers’ Compensation ............................................ 00 45 20-1

00 45 21 Iranian Energy Sector Divestment .............................................. 00 45 21-1

00 45 22 Sexual Harassment Policy Certification ...................................... 00 45 22-1

CONTRACTING REQUIREMENTS

00 52 13 Agreement .................................................................................... 00 52 13-1

00 61 13.13 Performance Bond Form .............................................................. 00 61 13-1

00 61 13.16 Payment Bond Form .................................................................... 00 61 16-1

00 72 13 General Conditions ...................................................................... 00 72 13-1

00 73 01 Supplementary Conditions ........................................................... 00 73 01-1

00 73 46 Wage Determination Schedule .................................................... 00 73 46-1

00 73 73 Statutory and Funding Requirements ………………………….00 73 73-1

SPECIFICATIONS

DIVISION 01 – GENERAL REQUIREMENTS

01 11 13 Summary of Work ....................................................................... 01 11 13-1

01 14 19 Use of Site ................................................................................... 01 14 19-1

01 14 33 Work in Highway Rights-of-way ................................................ 01 14 33-1

01 21 00 Contingency Allowances ............................................................ 01 21 00-1

01 22 13 Measurement and Payment ......................................................... 01 22 13-1

30235547 00 01 10-2

01 25 00 Substitution Procedures .............................................................. 01 25 00-1

01 26 00 Contract Modification Procedures .............................................. 01 26 00-1

01 29 73 Schedule of Values ..................................................................... 01 29 73-1

01 29 76 Progress Payment Procedures ..................................................... 01 29 76-1

01 31 13 Project Coordination ................................................................... 01 31 13-1

01 31 19.13 Pre-Construction Conference ................................................. 01 31 19.13-1

01 31 19.23 Progress Meetings .................................................................. 01 31 19.23-1

01 31 26 Electronic Document Protocol .................................................... 01 31 26-1

01 32 16 Progress Schedule ....................................................................... 01 32 16-1

01 32 33 Photographic Documentation ...................................................... 01 32 33-1

01 33 00 Submittal Procedures .................................................................. 01 33 00-1

01 35 23 Safety Requirements ................................................................... 01 35 23-1

01 35 43 Environmental Procedures for Hazardous Materials .................. 01 35 43-1

01 35 44 Spill Prevention Control and Countermeasures Plan .................. 01 35 44-1

01 41 24 Permit Requirements ................................................................... 01 41 24-1

01 41 28 Confined Space Entry Permit ...................................................... 01 41 28-1

01 42 00 References .................................................................................... 01 42 00-1

01 45 29.13 Testing Laboratory Services Furnished by Contractor .......... 01 45 29.13-1

01 51 05 Temporary Utilities ...................................................................... 01 51 05-1

01 51 41 Temporary Pumping .................................................................... 01 51 41-1

01 52 13 Contractor’s Field Office and Sheds ............................................ 01 52 13-1

01 52 16 First Aid Facilities ....................................................................... 01 52 16-1

01 52 19 Sanitary Facilities......................................................................... 01 52 19-1

01 55 13 Access Roads and Parking Areas ................................................. 01 55 13-1

01 55 26 Maintenance and Protection of Traffic ........................................ 01 55 26-1

01 57 05 Temporary Controls ..................................................................... 01 57 05-1

01 57 33 Security ....................................................................................... 01 57 33-1

01 58 00 Project Identification and Signs .................................................. 01 58 00-1

01 61 00 Common Product Requirements ................................................. 01 61 00-1

01 62 00 Product Options .......................................................................... 01 62 00-1

01 65 00 Product Delivery Requirements .................................................. 01 65 00-1

01 66 00 Product Storage and Handling Requirements ............................. 01 66 00-1

01 71 23 Field Engineering ......................................................................... 01 71 23-1

01 71 33 Protection of the Work and Property ........................................... 01 71 33-1

01 73 19 Installation ................................................................................... 01 73 19-1

01 73 24 Connections to Existing Facilities ............................................... 01 73 24-1

01 73 29 Cutting and Patching ................................................................... 01 73 29-1

01 74 05 Cleaning ....................................................................................... 01 74 05-1

01 77 19 Closeout Requirements ............................................................... 01 77 19-1

01 78 36 Warranties ................................................................................... 01 78 36-1

01 78 39 Project Record Documents .......................................................... 01 78 39-1

DIVISION 02 – EXISTING CONDITIONS

02 23 19 Exploratory Excavation ............................................................... 02 23 19-1

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02 33 13 Underground Utility Locator Service .......................................... 02 33 13-1

02 41 00 Demolition ................................................................................... 02 41 00-1

02 61 13 Excavation and Management of Contaminated Soil .................... 02 61 13-1

DIVISION 03 – CONCRETE

03 00 05 Concrete ...................................................................................... 03 00 05-1

DIVISION 04 – MASONRY (NOT USED)

DIVISION 05 – METALS

05 56 00 Metal Castings ............................................................................. 05 56 00-1

DIVISION 06 – WOOD, PLASTICS AND COMPOSITES (NOT USED)

DIVISION 07 – THERMAL AND MOISTURE PROTECTION (NOT USED)

DIVISION 08 – OPENINGS (NOT USED)

DIVISION 09 – FINISHES (NOT USED)

DIVISION 10 – SPECIALTIES (NOT USED)

DIVISION 11 – EQUIPMENT (NOT USED)

DIVISION 12 – FURNISHINGS (NOT USED)

DIVISION 13 – SPECIAL CONSTRUCTION (NOT USED)

DIVISION 14 – CONVEYING EQUIPMENT (NOT USED)

DIVISION 21 – FIRE SUPPRESSION (NOT USED)

DIVISION 22 – PLUMBING (NOT USED)

DIVISION 23 – HEATING, VENTILATING AND AIR CONDITIONING

(NOT USED)

DIVISION 25 – INTEGRATED AUTOMATION (NOT USED)

DIVISION 26 – ELECTRICAL (NOT USED)

DIVISION 27 – COMMUNICATIONS (NOT USED)

DIVISION 28 – ELECTRONIC SAFETY AND SECURITY (NOT USED)

30235547 00 01 10-4

DIVISION 31 – EARTHWORKS

31 05 19 Geosynthetics for Earthwork ....................................................... 31 05 19-1

31 11 00 Clearing and Grubbing ................................................................. 31 11 00-1

31 23 16.13 Trenching ................................................................................ 31 23 16.13-1

31 23 16.26 Rock Removal ......................................................................... 31 23 16.26-1

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 12 00 Flexible Paving ............................................................................ 32 12 00-1

32 13 73 Concrete Pavement Joint Sealants ............................................... 32 13 73-1

32 16 13 Concrete Curbs and Sidewalks .................................................... 32 16 13-1

32 17 23 Pavement Markings ..................................................................... 32 17 23-1

32 92 00 Lawns ........................................................................................... 32 92 00-1

DIVISION 33 – UTILITIES

33 01 30.16 Television Inspection of Sewers ............................................. 33 01 30.16-1

33 01 30.41 Cleaning of Sewers ................................................................. 33 01 30.41-1

33 01 30.71 Centrifugally Cast Pipe Lining ............................................... 33 01 30.71-1

33 01 30.72 UV Cured-in-place Pipe Lining .............................................. 33 01 30.72-1

33 05 05 Buried Piping Installation ............................................................ 33 05 05-1

33 05 09 Couplings, Adapters and Specials for Utility Piping .................. 33 05 09-1

33 05 13 Manholes and Structures .............................................................. 33 05 61-1

33 05 17 Copper Utility Pipe and Tubing ................................................... 33 05 17-1

33 05 19 Ductile Iron Water Pipe ............................................................... 33 05 19-1

33 05 31 Thermoplastic Gravity Sewer Pipe .............................................. 33 05 31-1

33 42 11.40 Corrugated Metal Pipe ........................................................... 33 42 11.40 -1

33 42 11.50 Corrugated-Wall, Smooth Interior HDPE Gravity Pipe ........ 33 42 11.50 -1

33 44 13 Drainage Structures ...................................................................... 33 42 31-1

DIVISION 34 – TRANSPORTATION (NOT USED)

DIVISION 35 – WATERWAY AND MARINE (NOT USED)

DIVISION 40 – PROCESS INTEGRATION (NOT USED)

DIVISION 41 – MATERIAL PROCESSING AND HANDLING EQUIPMENT (NOT

USED)

DIVISION 42 – PROCESS HEATING, COOLING, AND DRYING EQUIPMENT

(NOT USED)

DIVISION 43 – PROCESS GAS AND LIQUID HANDLING, PURIFICATION, AND

STORAGE EQUIPMENT (NOT USED)

30235547 00 01 10-5

DIVISION 44 – POLLUTION CONTROL EQUIPMENT (NOT USED)

DIVISION 45 – INDUSTRY-SPECIFIC MANUFACTURING EQUIPMENT (NOT

USED)

DIVISION 46 – WATER AND WASTEWATER EQUIPMENT (NOT USED)

DIVISION 48 – ELECTRICAL POWER GENERATION (NOT USED)

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30235547 00 01 10-6

BID NOTICE

CITY OF NEWBURGH

NEWBURGH, NEW YORK

NORTH STREET

SEWER SEPARATION

General Notice

City of Newburgh (Owner) is requesting Bids for the construction of the following Project:

North Street Sewer Separation

CW SRF No. C3-7332-11-05

Bid No. 12.26

Engineer’s Project No. 30235547

Bids for the construction of the Project will be received at the City of Newburgh Comptroller’s Office located at City Hall, City of Newburgh, 83 Broadway – 4th Floor, Newburgh, New York, 12550, until

Thursday, September 10, 2026 at 11:00 a.m. local time. At that time the Bids received will be publicly opened and read.

The Project includes the following Work:

Provision of all labor, materials, equipment, and incidental items to construct a separate storm sewer on North Street between its intersections with Carpenter Avenue and Fullerton Avenue, connecting it to the existing storm sewer and MS4 stormwater outfall which discharges to the City-owned pond. The existing corrugated metal MS4 outfall sewer is to be lined to extend its service life.

This project also includes the provision of all labor, materials, equipment and incidental items for full depth pavement restoration from curb to curb, replacement of sidewalks and ADA curbs on both sides of North Street, and replacement of trees on both sides of North Street from Carpenter

Avenue to Fullerton Avenue.

Bids are requested for the following Contract: Contract 1-G General Construction.

The Project has an expected duration of 300 days.

Bid Security

Bid security shall be furnished in accordance with the Instructions to Bidders.

Obtaining the Bidding Documents

Information and Bidding Documents for the Project can be found at the following designated website:

www.BidNetDirect.com/new-york/city-of-newburgh

Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to register with the designated website as a plan holder. Bids received from Bidders other than those on the official Plan Holders list will not be accepted. The designated website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a

Bid for the Project. All official notifications, addenda, and other Bidding Documents will be offered only through the designated website. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources other than the designated website.

Pre-bid Conference

A pre-bid conference for the Project will be held on Wednesday, August 12, 2026 at 10:00 a.m. at City of Newburgh City Hall, 83 Broadway, City Council Chamber, 3rd Floor, Newburgh, NY 12550. Attendance at the pre-bid conference is encouraged but not required.

Statutory Requirements

Laws, regulations and outside funding requirements, if any, will be referenced in the Instructions to

Bidders (ITB) and the text of each will be attached to Section 00 73 73 which will be a Contract

Document.

Instructions to Bidders.

For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents.

This Advertisement is issued by:

OWNER: Contact: ENGINEER: Contact:

City of Newburgh Jason C. Morris, P.E. Arcadis of New York, Inc. Claire Superak

83 Broadway Comm. of PW/City Engineer 646 Plank Road, Suite 100 Senior Engineer

Newburgh, NY 12550 (845) 569-7448 Clifton Park, NY 12065 (518) 250-7337

THIS ADVERTISEMENT IS ISSUED BY ORDER OF THE CITY OF NEWBURGH:

By: N a n c y B l o o m Dated: 7 / 2 3 / 2 0 2 6 City Comptroller

CITY OF NEWBURGH – AN EQUAL OPPORTUNITY EMPLOYER

Justice, Equity, Diversity and Inclusion are core values to the City of Newburgh, where there is a strong commitment to establishing and maintaining an environment free of discrimination. These values are promoted through the daily practice of professionalism, respect, acceptance and understanding. As such, City residents along with women, minorities, individuals with disabilities, members of the LGBTQ community, and veterans are encouraged to apply.

MEDIA SOURCE PUBLICATION DATE

Hudson Valley Press Wednesday, July 29, 2026

Mid-Hudson Times Thursday, July 30, 2026

BidNet Website Friday, July 31, 2026

00 21 13, Instructions to Bidders

EJCDC® C-200, Instructions to Bidders for Construction Contract.

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

INSTRUCTIONS TO BIDDERS

CITY OF NEWBURGH

NEWBURGH, NEW YORK

NORTH STREET SEWER SEPARATION

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Substitute and “Or Equal” Items

Article 11— Subcontractors, Suppliers, and Others

Article 12— Preparation of Bid

Article 13— Basis of Bid

Article 14— Submittal of Bid

Article 15— Modification and Withdrawal of Bid

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Signing of Agreement

Article 21— Statutory and Funding-Financing Requirements

Article 22— Sales and Use Taxes

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

ARTICLE 1—DEFINED TERMS

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

A. Issuing Office—The office or website from which the Bidding Documents are to be issued or downloaded, and which registers plan holders.

ARTICLE 2—BIDDING DOCUMENTS

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

(together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is

Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

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

2.03 Owner has established a Bidding Documents Website as indicated in the Advertisement or invitation to bid. Owner recommends that Bidder register as a plan holder with the Issuing Office at such website and obtain a complete set of the Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by

Owner.

2.04 Bidder shall register as a plan holder and obtain complete sets of Bidding Documents, in the number and format stated in the Advertisement or invitation to bid, from the Issuing Office.

Bidders may rely that sets of Bidding Documents obtained from the Issuing Office are complete, unless an omission is blatant. Bidder is responsible for checking the Issuing Office website for

Addenda issued by Owner.

A. Complete sets of the Bid Documents, becoming available to the public on Friday, July 31, 2026, may be viewed and downloaded at no charge by visiting the Issuing Office Bidding

Website, Empire State Purchasing Group Website at: www.BidNetDirect.com/new-york/city-of-newburgh, selecting the “Open Solicitations” tab and title of this solicitation. Bidders may have to register if visiting the site for the first time.

2.05 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding

Documents are available, such documents will be made available to the Bidders as Electronic

Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader. It is the intent of the Engineer and Owner

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

that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in

Paragraph 2.06.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 Bidder is to submit the Qualification Statement included in the Bidding Documents (Section 00 45

13) with its Bid to demonstrate Bidder’s qualifications to perform the Work.

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representation and certifications.

3.05 Bidders shall be qualified to do business in the jurisdiction where the Project is located or covenant to obtain such qualification prior to signing the Agreement.

ARTICLE 4—PRE-BID CONFERENCE

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

Advertisement to bid. Representatives of Owner and Engineer will be present to discuss the

Project. Bidders are encouraged to attend and participate in the conference; however, attendance at this conference is not required to submit a Bid.

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

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

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

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain

Technical Data.

c. Reports and drawings known to Owner relating to Hazardous Environmental

Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any

Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the

Supplementary Conditions. Bidder is responsible for any interpretation or conclusion

Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of

Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Known Underground Facilities are shown or indicated on the

Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of known Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

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

5.03 Other Site-related Documents

A. In addition to the documents regarding existing Site conditions referred to in

Paragraph 5.02.A, the following other documents relating to conditions at or adjacent to the

Site are known to Owner and made available to Bidders for reference:

1. None.

Owner will post copies of these documents to the Bidding Documents Website.

B. Owner has not verified the contents of these other Site-related documents, and Bidder may not rely on the accuracy of any data or information in such documents. Bidder is responsible for any interpretation or conclusion Bidder draws from the other Site-related documents.

C. The other Site-related documents are not part of the Contract Documents.

D. Bidders are encouraged to review the other Site-related documents, but Bidders will not be held accountable for any data or information in such documents. The requirement to review and take responsibility for documentary Site information is limited to information in (1) the

Contract Documents and (2) the Technical Data.

E. No other Site-related documents are available.

5.04 Site Visit and Testing by Bidders

A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the

Site.

B. A Site visit is scheduled following the pre-bid conference. Maps to the Site will be available at the pre-Bid conference.

C. Bidders visiting the Site are required to arrange their own transportation to the Site.

D. All access to the Site other than during a regularly scheduled Site visit must be coordinated through the following Owner or Engineer contact for visiting the Site: Jason Morris, Commissioner of Public Works and City Engineer, jmorris@cityofnewburgh-ny.gov, (845)

569-7448. Bidder must conduct the required Site visit during normal working hours.

E. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

F. On request, and to the extent Owner has control over the Site, and schedule permitting, the

Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites.

G. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

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

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

5.05 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions.

5.06 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the

Site by Owner or others (such as utilities and other prime contractors) and relates to the

Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the

Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

ARTICLE 7—INTERPRETATIONS AND ADDENDA

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

Bidding Documents.

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to

Engineer in writing. Contact information and submittal procedures for such questions are as follows:

A. Submit all questions about the meaning or intent of the Bidding Documents to Engineer electronically in writing to claire.superak@arcadis.com. To receive consideration, questions must be received by Engineer no later than 12:00 P.M. local time, Thursday, August 27, 2026, unless longer period is indicated elsewhere in these Instructions to Bidders for certain types of requests, such as regarding substitutes and “or-equals”. Questions received after this date may not be answered.

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda and posted to the Bidding Documents Website for prospective Bidders to download for receipt not later than five days prior to the date for opening Bids. Addenda may be issued after the stated period and before the receipt of Bids to change the date or time for

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

receipt of Bids, or to make minor changes or clarifications to the Bidding Documents that will not have a significant effect on price.

7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract

Documents unless set forth in an Addendum that expressly modifies or supplements the Contract

Documents.

ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of

Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General

Conditions. Such Bid bond will be issued in the form included in the Bidding Documents.

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

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

Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the

Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

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

ARTICLE 9—CONTRACT TIMES

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

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

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

Agreement.

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of

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material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of

“or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective

Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

11.02 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed for the Work with their Bid.

11.03 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such

Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent

Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

11.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the

Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers.

Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in

Paragraph 7.07 of the General Conditions.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form must be completed in ink or by type writer and the Bid Form signed in blue ink, except for the Notary Public. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein. Ditto marks shall not be used.

12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the

Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the

Bid Form as may be practical.

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12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.

12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown.

12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

12.06 A Bid by an individual must show the Bidder’s name and official address.

12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

12.08 All names must be printed in ink below the signatures.

12.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form.

12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown.

12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the

Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

12.13 Required attachments to the Bid are indicated at Article 2 of the Bid Form. Each document shall be properly completed and executed in the manner described in this Article 12 of the Instructions to Bidders unless another manner is indicated.

ARTICLE 13—BASIS OF BID

13.01 Series of Lump Sums

A. Bidders must submit a Bid on the basis of each lump sum item as set forth in the Bid Form and shall compute and enter the total of all lump sum items in the space provided in the Bid

Form.

B. Discrepancies between the indicated sum of the individual lump sum items and the correct sum thereof will be resolved in favor of the correct sum.

13.02 Unit Price

A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

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B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the

Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. 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.

13.03 Allowances

A. For Contingency Allowances, the Bid Price must include the amount established by the

Owner on the Bid Form.

13.04 Total Bid Price

A. For determination of the apparent low Bidder, Bids will be compared on the basis of the total of all lump sum items and unit price bid items (if applicable). Discrepancies between the sum of the individual lump sum items and individual unit price Bid items will be resolved in favor of the correct sum of the individual Bid items.

ARTICLE 14—SUBMITTAL OF BID

14.01 The Bidding Documents include one separate unbound copy of the Bid Form, and, if required, the

Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 2 of the

Bid Form.

14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and must be enclosed in a plainly marked package with the

Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED: North Street Sewer” A mailed Bid must be addressed to: City

Comptroller, City of Newburgh, 83 Broadway, Newburgh, New York 12550.

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

Bidder unopened.

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted

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prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

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

15.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, and the Bid security will be returned.

ARTICLE 16—OPENING OF BIDS

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

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security (or dispose of same in accordance with Paragraph 8.05 of the Instructions to Bidders) prior to the end of this period.

ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor

Bid informalities not involving price, time, or changes in the Work.

18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the

Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then

Owner will reject the Bid as nonresponsive.

18.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid.

18.05 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether 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.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner will announce to all bidders a “Base Bid plus alternates” budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded. After

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determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award.

C. For determination of the apparent low Bidder(s) when sectional bids are submitted, Bids will be compared on the basis of the aggregate of the Bids for separate sections and the Bids for combined sections that result in the lowest total amount for all of the Work.

D. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

18.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications…