Bid Notice.pdf

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CONTRACT NO. RFBK26-31

EAST STRAND FORCE MAIN REPLACEMENT

FOR THE

CITY OF KINGSTON

ULSTER COUNTY, NEW YORK

STEVEN T. NOBLE, MAYOR

COMMON COUNCIL

ANDREA SHAUT, ALDERMAN-AT-LARGE

ALDERMEN

SARA PASTI, FIRST WARD

MICHAEL TIERNEY, SECOND WARD

MARISSA MARVELLI, THIRD WARD

BENJAMIN FALK, FOURTH WARD

TERYL MICKENS, FIFTH WARD

ROBERT DENNISON, SIXTH WARD

MICHAEL HAM, SEVENTH WARD

RUTH KATZ, EIGHTH WARD

MICHELE HIRSCH, NINTH WARD

August 7, 2026

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EAST STRAND FORCE MAIN REPLACEMENT

RFBK26-31

CITY OF KINGSTON

ULSTER COUNTY, NEW YORK

Sealed bids for Contract No RFBK26-31, East Strand Force Main Replacement, within the City of Kingston, Ulster County, New York, are sought and requested as set forth in specifications prepared by The Office of the City Engineer. Bids will be received until September 1, 2026 at 10:00 AM. Bids will be opened and read aloud thereafter.

The project consists of the construction a new 8” sewage force main on the site of the Kingston wastewater treatment plant. The work will consist of installation of approximately 780 linear feet of new 8” PVC pressure pipe and connection to the existing system.. The drawings associated with this project showing the scope of the work will accompany this Request for Bid.

Separate sealed proposals completed on forms provided with the Contract documents shall be received by the City of Kingston, 420 Broadway, Kingston, NY 12401. Bids may be mailed, or sent by overnight carrier, or hand delivered to the address above. The black mailbox outside City Hall entry door is not an acceptable bid submission location.

Bids received after the designated date and time will be considered unresponsive and returned to the bidder unopened. The sealed bids shall include the completed Bid Form and Bid Bond. The bidder, by signing their proposal, certifies that they are fully aware of State Laws requiring non-collusive bidding. No separate forms will be required, but the actual signing of the proposal includes such a statement and is included in the proposal. The Bidder to whom the Contract is awarded will be required to furnish Performance, Payment and Guarantee Bonds from an acceptable Surety Company for an amount not less than 100% of the accepted bid. The Contract will be awarded based upon the lowest qualified bid. Complete sets of the plans, specifications and bid forms may be obtained on or after August 7, 2026 from the Empire State Purchasing Group website, https://www.bidnetdirect.com/ Contract documents will ONLY be provided digitally. Hard copies and CD’s will NOT be distributed.

An optional pre-bid conference will be held on August 18 at 10 am at the Kingston Wastewater treatment plant, 91-129 East Strand Street, Kingston NY.

There is NO specific Minority-owned business or woman-owned business utilization goal for this project; however, all necessary affirmative steps to assure that minority businesses, women’s business enterprises and labor surplus area firms are used whenever possible. This is a public works project and prevailing wages as determined by the New York State Department of Labor must be paid.

City of Kingston Resolution # 179 of 2012 requires that for any general construction contract for $100,000 or more, or for any building trades contract for $350,000 or more, the Contractor and

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subcontractors must have approved Apprenticeship Agreements pursuant to NYS Labor Law 816.b as outlined in the contract proposal.

All Work shall be completed by November 6, 2026, it shall be assumed the Notice to Proceed date will be by September 14, 2026. If the notice to proceed occurs after this date, a number of days will be added to the completion date equal to the number of days by which notice to proceed was later than the assumed date.

The City of Kingston expressly reserves the right to waive any informality in or to accept any bid, or to reject any and all bids, or to award on any or all items, as the interest of the City of Kingston may appear to require. All bids are subject to final review and approval by the City of Kingston City Engineer before any award of contract may be made. Receipt of bids by the City shall not be construed as authority to bind the City.

The City of Kingston is an exempt organization under the Tax Laws and is exempt from payment of Sales and Compensating Use Taxes of the State of New York and Cities and Counties of the State of all materials which are to be incorporated into the project, pursuant to the provisions of the Contract. These taxes are not to be included in the Bid. Each bid must be accompanied by security in an amount not less than five percent (5%) of the amount of the bid in the form and subject to the conditions provided in the Instructions to Bidders. No bidder may withdraw their bid within 45 (forty-five) days after the actual date of the opening thereof.

Owner’s Contact John Schultheis City Engineer Phone: (845) 334-3967 Email: jschultheis@kingston-ny.gov

No questions or inquiries regarding this bid will be accepted after 4:00 pm on August 25, 2026.

By order of the City of Kingston Common Council.

Steven T. Noble, Mayor August 7, 2026

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Table of Contents

1. Defined Terms

2. Request for Bid Drawings

3. Bidders Qualifications

4. Examination of Contract Documents and Site

5. Availability of Lands for Work, etc

6. Interpretation and Addenda

7. Bid Security

8. Contract Times

9. Liquidated Damages

10. Substitute and “Or-Equal” Items

12. Bid Form

14. Modification and Withdrawal of Bids

15. Opening of Bids

16. Bids to Remain Subject to Acceptance

17. Award of Contract

18. Contract Security

20. Prebid Conference

21. Lobbying Activities on Federal Aid Contracts

22. Sales and Use Taxes

23. Non-Collusive Bidding Procedures

24. Disadvantaged Business Enterprise Utilization Goals

25. Equal Employment Opportunity Participation Goals

26. Schedule for Bid and Award of Contract

27. Prevailing Wages

28. Delegation of Authority

29. Claims and Disputes

INCORPORATION OF NYSDOT STANDARD SPECS…………………………………………………………...12

NYSDOL PREVAILING WAGE RATES …………………………………………………………………………..13

NON-BIDDER REPSONSE …………………………………………………………………………………………14

BIDDER’S CHECKLIST

BID FORM …………………………………………………………………………………………………………..16

BIDDERS INFORMATION …………………………………………………………………………………………20

BOARD OF DIRECTORS …………………………………………………………………………………………..21

BID BOND …………………………………………………………………………………………………………..22

AFFADAVIT OF WORKMAN'S COMP …………………………………………………………………………...24

STATEMENT OF APPRENTICESHIP ……………………………………………………………………………..25

AGREEMENT ……………………………………………………………………………………………………….26

CONSTRUCTION PAYMENT BOND ...…………………………………………………………………………...45

CONSTRUCTION PERFORMANCE BOND ………………………………………………………………………47

STANDARD FORMS:

CHANGE ORDER FORM

NOTICE OF AWARD (NOA) FORM

NOTICE TO PROCEED (NTP) FORM

CERTIFICATE OF SUBSTANTIAL COMPLETION

VERIFIED STATEMENT OF PREVAILING WAGES

CONTRACTORS AFFAIDAVIT OF PAYMENT OF DEBTS AND CLAIMS

CONTRACTORS RELEASE OF LIENS AND WARRANTY

CONSENT OF SURETY TO FINAL PAYMENT

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INSTRUCTIONS TO BIDDERS

PROJECT IDENTIFICATION:

a) Project Title: RFBK26-31, East Strand Force Main Replacement

b) Owner: City of Kingston

c) Engineer: John Schultheis, P.E., City Engineer

1. Defined Terms

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

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

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

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

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

Bid – The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the

Work to be performed.

Bidding Documents – The advertisement or invitation to Bid, instructions to bidders, the Bid from, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids) Contract Times – The number of days to the dates stated in the Agreement; to achieve substantial completion and to complete the Work so that it is ready for final payment as evidence by ENGINEER’s written recommendation of final payment.

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

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

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

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

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

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

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

Substantial completion - When the public (including vehicles and pedestrians) has full and unrestricted use and benefit of the facility both from an operational and safety standpoint.

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Request for Bid Drawings

2.1. This request for bid incorporates the following index of drawings provided as a separate document in the Empire State Purchasing Group website, https://www.bidnetdirect.com/

INDEX OF DRAWINGS

C 101 Cover Sheet C 501 Details C 502 Notes and Details

2.2. Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Notice to Bidders 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 issuing office in order to be placed on the official plan holder’s list, receive addenda and other bid correspondence. The official plan holders list will be tracked on the Empire State Purchasing Group website. Bids received from contractors other than those on the official plan holder’s list will not be accepted.

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

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

3. Bidders Qualifications

All Bidders, including foreign and domestic corporations must be qualified and/or licensed to do business within the state where the project is located. The Owner reserves the right to make any investigation deemed necessary to determine bidder qualifications and responsibility. Bidder shall furnish to the Owner, upon request, all data pertinent thereto.

4. Examination of Contract Documents and Site

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

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

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

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

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

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

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

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

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

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

5. Availability of Lands for Work, etc.

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

6. Interpretation and Addenda

6.1. All questions about the meaning or intent of the Bidding documents are to be directed to Engineer through the Purchasing Agent. 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 Purchasing Agent as having received the Bidding documents. Questions received less than ten days prior to the date for opening of the Bids may not be 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 and

ENGINEER.

7. Bid Security

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

7.2. The Bid security of Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by the OWNER until the earlier of the seventh day after the Effective Date of

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the Agreement or the forty-fifth 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.

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

11. Subcontractors, Suppliers and Others

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

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

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

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

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

12. Bid Form

12.1. The Bid Form and the Bid Summary Form (where applicable) are included with the Bidding documents;

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

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

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

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

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

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

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

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

13. Submission of Bids

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

14. Modification and Withdrawal of Bids

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

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

Opening of Bids

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

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.

Award of Contract

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

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

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

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

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

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

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

17.7. If the contract is to be awarded, OWNER will give successful Bidder a Notice of Award within forty-five

(45) days after the day of the Bid opening.

Contract Security

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

Signing of Agreement

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

20. Prebid Conference

A prebid conference may be held as outlined in the Notice to Bidders. If held, representatives of the OWNER and ENGINEER will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference.

ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

Lobbying Activities on Federal Aid Contracts Each Bidder is required to comply with the provisions contained in the Requirements Regarding Lobbying Activities on Federal Aid Contracts and shall submit the Disclosure of Lobbying Activities with the Bid.

22. Sales and Use Taxes

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

Said taxes should not be included in Contract Price.

23. Non-Collusive Bidding Procedures

Each Bidder is required to comply with the requirement regarding non-collusive bidding procedures and shall submit the appropriate Non-Collusive Bidding Certification and Non-Collusive Bidding Certification Bidder Information

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with the Bid. Knowledge of bid collusions or other questionable contract related practices shall be reported per the instructions contained in Reporting Violations of the Non-Collusive Bidding Procedures, Misconduct, or other Prohibited Contract Activities.

24. Disadvantaged Business Enterprise Utilization Goals

The provisions for Disadvantaged Business Enterprise Utilization Goals are set forth in Appendix 12-1. Each Bidder must submit the Disadvantaged Business Enterprise Utilization Goals form with its Bid.

25. Equal Employment Opportunity Participation Goals

The provisions for Equal Opportunity Participation Goals are set forth in Appendix 12-1.

26. Schedule for Bid and Award of Contract

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

Notice of Award No later than 45 days following Bid Opening

Signed Documents returned by Contractor

No later than 15 days following Notice of Award

Signed Documents returned by the Owner with Notice to Proceed

No later than 10 days following Signed Documents returned by Contractor

Submittal of Bonds and Insurance No later than 15 days following Notice of Award

27. Prevailing Wages

This is a public works project and the higher of Davis-Bacon wages and prevailing wages as determined by the New York State Department of Labor must be paid.

28. Delegation of Authority

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

29. Claims and Disputes

Should any controversy or claim arise out of this Contract, the parties shall first attempt to settle their dispute by mediation, facilitated by the American Arbitration Association. If a party fails to respond to a written request for mediation within 30 days after service or fails to participate in any scheduled mediation conference, that party shall be deemed to have waived its right to mediate the issues in dispute.

If the above-referenced mediation does not result in settlement of the entire controversy or dispute within 30 days after the initial mediation conference or if a party has waived its right to mediate any issues in dispute, any unresolved controversy or claim arising out of or relating to this Contract will be settled by arbitration administered by the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Notwithstanding the foregoing, the parties may mutually agree, in writing, to litigate disputes, unresolved controversies or claims not resolved through the above-referenced mediation process if, due to other pending litigation or similar circumstances, litigation would more expeditiously resolve the issues. The parties agree that any claims related to or arising out of this Contract shall be resolved in Supreme Court of the State of New York, Ulster County.

The undersigned further agree that that this entire Contract is governed by and should be construed in accordance with New York Law, including New York’s choice of law rules and New York’s arbitration law, Article 75 of New

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York’s Civil Practice Law and Rules.

INCORPORATION OF NYSDOT STANDARD SPECIFICATIONS

NYSDOT STANDARD SPECIFICATIONS

Except as modified herein, the current Edition of the Standard Specifications, Construction and Materials (Section 100 and Sections 200-700) issued by the New York State Department of Transportation, Office of Engineering, including all revisions and addenda issued by NYSDOT prior to the date the Notice to Bidders is advertised, hereinafter referred to as the NYSDOT Standard Specifications, shall govern the work to be done where referred to on the plans and in these specifications. If a conflict exists between the NYSDOT Standard Specifications and these Contract Documents, the NYSDOT Standard Specification shall govern.

BASIC MODIFICATIONS

Where the NYSDOT is mentioned in any capacity (including, but not limited to, Department, State, Commissioner of Transportation, DOT, or Director(s) of its subdivisions) as an approving authority with regard to materials, fabrication, inspections or other approvals, the approving authority shall be changed to the OWNER. This change shall be made in all of the documents pertaining to this contract.

Unless otherwise described in the Contract Documents, neither the State of New York nor the NYSDOT are parties to this agreement.

Where the Deputy Chief Engineer (DCE) for any department is mentioned as an approving authority, the approving authority shall be changed to the “Engineer of Record” defined as the Engineer that has signed and sealed construction plans and specifications.

In the Materials subheadings of the Technical Specifications of the contract documents and the latest edition of the NYSDOT Standard Specifications, the following shall apply:

Any references to materials testing by the Department or its representative shall be interpreted to mean by the Contractor, the Owner or its representative. This interpretation also applies to any testing or sampling to be obtained in the presence of a Department representative.

Any reference to NYSDOT Standard Specifications is limited in scope to technical engineering and construction work, materials, details, procedures, etc. All references to the State or the NYSDOT or administrative officers or employees thereof are null and void with respect to legal or contractual responsibilities.

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NYSDOL STATE PREVAILING WAGE RATES

The contractor shall ensure that workers are paid the appropriate wages and supplemental (fringe) benefits. Throughout the contract, the Contractor shall obtain and pay workers in accordance with periodic wage rate schedule updates from the NYS Department of Labor (NYSDOL). Wage rate amendments and supplements are available on the NYSDOL website at www.labor.state.ny.us. All changes or clarification of labor classification(s) and applicability of prevailing wage rates shall be obtained in writing from the Office of the Director, NYSDOL Bureau of Public Work.

The NYSDOL prevailing wage rate schedule for this contract has been determined and is available on the internet. The prevailing wage rate schedule is accessed by visiting the NYSDOL website, navigating to the appropriate web page and entering the Prevailing Rate Case No.

(PRC#). The PRC# 2026023633 . The wage rate schedule for this project can be found at the following link:

https://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt&id=1631274

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If you choose not to bid on this project, please consider returning this form to the following address:

John Schultheis, P.E. - City Engineer City Engineering Office

City of Kingston 420 Broadway

Kingston, New York 12401

NON-BIDDERS RESPONSE

VENDOR NAME:

For purposes of striving to improve our bidding process, as well as to facilitate your firm’s response to our future invitations to bid, we are interested in ascertaining reasons why you chose not to bid on this particular project. In this regard, please provide a short explanation/reason for your choice not to bid in the space provided below:

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BIDDER’S CHECKLIST

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

____ Bid Form (RFB-17 to RFB-20)

____ Bidder Information Sheet (RFB-21)

____ Certified Copy of Resolution of Board of Directors (For Corporations) (RFB-22)

____ Bid Bond or Certified Bank Check (RFB-23 to RFB-24)

____ Affidavit of Worker’s Compensation (RFB-25)

____ Statement of Contractors Apprenticeship Program (RFB-26)

____ Proof of Ability to do Work in NYS or Covenant to Obtain (obtained from NY Dept of State)

____ Proof of DOL registration (obtained from NY Dept. of Labor)

BIDDERS SHALL SUBMIT ALL DOCUMENTS PRESENTED IN THIS PROJECT

MANUAL ON SINGLE-SIDED SHEETS IN THE EXACT ORDER SHOWN. NO

SUBSTITUTION OF FORMS WILL BE ALLOWED. ENTRIES MAY BE TYPED OR

LEGIBLY HANDWRITTEN EXCEPT AS SPECIFICALLY NOTED.

RFB-16

BID FORM

PROJECT IDENTIFICATION: RFBK26-31

East Strand Force Main Replacement

City of Kingston, Ulster County, New York

THIS BID IS SUBMITTED TO: John Schultheis, P.E. – City Engineer City Engineering Office, City of Kingston

420 Broadway Kingston, New York 12401

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

2. Bidder accepts all the terms and conditions of the Advertisement or Notice to Bidders and 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 Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER’s Notice of Award

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

4. 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)

5. If required, BIDDER has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, and furnishing of the work.

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

7. 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

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

9. 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.

10. 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

RFB-17

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.

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

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

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

a. All documents set forth in the Bidders Checklist.

13. Communications concerning this Bid shall be addressed in writing to:

City Engineering Office, City of Kingston 420 Broadway Kingston, New York 12401 Attn. John Schultheis, P.E. - City Engineer

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

15. NON-COLLUSIVE BIDDING CERTIFICATE:

By submission of this Bid, the Bidder certifies that: (a) this Bid has been independently arrived at without collusion with any other Bidder or with any Competitor or Potential Competitor; (b) this Bid has not been knowingly disclosed prior to submission or openings of Bids for this project, to any other Bidder, Competitor or Potential Competitor; (c) no attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a Bid; (d) the person signing this Bid certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the Bidder as well as to the person signing in it's behalf; (3) that attached hereto (if a corporate Bidder) is a certified copy of resolution authorizing the execution of this certificate by the signator of this Bid in behalf of the corporate Bidder.

SUBMITTED on __________________________________________________ 2026.

CONTRACTOR __________________________________ _______________________________________ (Signature of Authorized Representative) (Print Name)

__________________________________ Title

BROUGHT FORWARD_______________________

DOLLARS CENTS DOLLARS CENTS

CY

CY

EACH

EACH

CY

TRENCH AND CULVERT EXCAVATION

TEST PIT EXCAVATION

TEMPORARY CATCH BASIN INSERTS - OIL, HYDROCARBONS, TRASH,

SEDIMENT AND DEBRIS REMOVAL

EAST STRAND FORCE MAIN REPLACEMENT

CITY OF KINGSTON NY

ITEM

NUMBER

ESTIMATED

QUANTITY

ITEM DESCRIPTION WITH

UNIT BID PRICE WRITTEN IN WORDS

UNIT BID PRICE AMOUNT BID

206.0201 550

203.07030064 375

SELECT GRANULAR FILL

209.11020024 1

206.05 2

304.12020064 170

SUBBASE COURSE, TYPE 2

BS-1

CARRY FORWARD _______________________

EAST STRAND FORCE MAIN REPLACEMENT

CITY OF KINGSTON NY

ITEM

NUMBER

ESTIMATED

QUANTITY

ITEM DESCRIPTION WITH

UNIT BID PRICE WRITTEN IN WORDS

UNIT BID PRICE AMOUNT BID

TON

TON

LF

LF

402.128204 65

9.5 F2 TOP COURSE HMA, 80 SERIES COMPACTION

418.7603 1,560

ASPHALT PAVEMENT JOINT ADHESIVE

402.258904 98

25 F9 BINDER COURSE HMA, 80 SERIES COMPACTION

627.50140008 1,600

SAW CUTTING PAVEMENT

BS-2

EAST STRAND FORCE MAIN REPLACEMENT

CITY OF KINGSTON NY

ITEM

NUMBER

ESTIMATED

QUANTITY

ITEM DESCRIPTION WITH

UNIT BID PRICE WRITTEN IN WORDS

UNIT BID PRICE AMOUNT BID

v.3 p.256 780 ft

LF

POUNDS

POUNDS

DOLLAR COST

663.2001B 336

FORCE MAIN FITTINGS, DUCTILE IRON (BENDS)

663.0408 780

PLASTIC SEWER FORCE MAIN PIPE, 8", FEET

00697.03 15,000

FIELD CHANGE PAYMENT

1 00 15,000

663.2001M 450

FORCE MAIN FITTINGS, DUCTILE IRON (MEGALUG JOINT

RESTRAINTS)

BS-3

BROUGHT FORWARD

FOR ………………………………………………………………

EAST STRAND FORCE MAIN REPLACEMENT

CITY OF KINGSTON NY

ITEM NUMBER

ESTIMATED

QUANTITY

UNIT BID PRICE AMOUNT BIDITEM DESCRIPTION WITH

UNIT BID PRICE WRITTEN IN WORDS

TOTAL OR GROSS SUM WRITTEN IN WORDS:

699.040001 1

MOBILIZATION

MUST NOT EXCEED 4% OF SUBTOTAL SHOWN ABOVE. SEE

SPECIFICATION FOR THIS ITEM.

…………………………………………LUMP SUM

BS-4

RFB-20

BIDDER INFORMATION SHEET

NAME OF BIDDER:

ADDRESS:

PHONE NUMBER:

TYPE OF ENTITY: CORPORATION PARTNERSHIP INDIVIDUAL

IF A NON-PUBLICLY OWNED CORPORATION:

NAME OF CORPORATION:

LIST OF PRINCIPAL STOCKHOLDERS (HOLDING OVER 5% OF OUTSTANDING SHARES):

LIST OF OFFICERS:

LIST OF DIRECTORS:

DATE OF ORGANIZATION:

IF A PARTNERSHIP:

PARTNERS:

NAME OF PARTNERSHIP:

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

CERTIFICATE REQUIRED TO BE FILED UNDER THE NEW YORK GENERAL BUSINESS LAW

MUST BE ATTACHED.

RFB-21

CERTIFIED COPY OF RESOLUTION OF

BOARD OF DIRECTORS

(NAME OF CORPORATION)

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

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

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

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

By_______________________________________

Title_____________________________________

(SEAL)

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

RFB-22

BID BOND

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

BIDDER (Name and Address):

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

OWNER (Name and Address):

BID

Bid Due Date:

Description (Project Name and Include Location):

BOND

Bond Number:

Date (Not earlier than Bid due date):

Penal sum $ (Words) (Figures)

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

BIDDER SURETY

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

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

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

RFB-23

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

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

3. This obligation shall be null and void if:

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

b. All Bids are rejected by Owner, or

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

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

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

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

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

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

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

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

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

RFB-24

AFFIDAVIT OF WORKERS COMPENSATION

State of____________________

SS:

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

Signed:____________________________

Subscribed and sworn to before me this________day of___________, 20_____

Notary Public

RFB-25

TO BE SUBMITTED WITH BID PROPOSAL

STATEMENT OF CONTRACTOR'S Apprenticeship Program Compliance or exemption from compliance

This statement must be submitted by the Contractor with his proposal. All questions must be answered.

1. Name of Bidder

2. Phone Number

3. Permanent main office address

4. When organized or began business

5. If a corporation, where incorporated

6. How many years have you been in business under your present firm name?

7. Have you ever failed to complete any work awarded to you?

8. Applicability of Apprenticeship program (by City, check one):

x This contract consists of general construction and a threshold value of $100,000.00 applies

This contract consists of building trades and a threshold value of $350,000.00 applies

9. The undersigned hereby affirms that he/she understands the requirements set forth under Resolution 179 of 2012 wherein the City of Kingston adopted the requirement that contractors and subcontractors on construction contracts exceeding certain values have approved apprenticeship agreements pursuant to NYS Labor Law Section 816-b, and shall comply fully. Select one:

The highest bid price under this proposal (base bid or alternates) is at or above the threshold value above and my firm has a compliant…