Bid Notice.pdf

CONTRACT NO. RFBK 26-29

HARDING AVENUE PUMP STATION EMERGENCY

REPLACEMENT

CITY OF KINGSTON, NY

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 ZATZ, EIGHTH WARD

MICHELE HIRSCH, NINTH WARD

AUGUST 19, 2026

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Registration Expires 10.31.2029

Harding Avenue Pump Station Emergency Replacement

TABLE OF CONTENTS TOC-1 RFBK 26-29

TABLE OF CONTENTS

NOTICE TO BIDDERS NTB-1 to NTB-3

INSTRUCTION TO BIDDERS ITB-1 TO ITB-7

SUPPLEMENTAL INFORMATION AVAILABLE TO BIDDERS SIAB-1

NON-BIDDERS RESPONSE NBR-1

BIDDER’S CHECKLIST BC-1

BID DOCUMENTS

(FORMS LISTED BELOW ARE TO BE RETURNED WITH BID)

• BID FORM BF-1 to BF-4

• CERTIFIED COPY OF RESOLUTION OF BOARD OF DIRECTORS BF-5

• BID SUMMARY SHEETS BS-1 to BS-6

• BID BOND BB-1 to BB-2

• AFFIDAVIT OF WORKERS COMPENSATION AWC-1

• CERTIFICATION OF COMPLIANCE IRAN DIVESTMENT ACT ID-1

• SEXUAL HARASSMENT PREVENTION CERTIFICATION FOR CONSTRUCTION SHP-1

• STATEMENT OF CONTRACTORS APPRENTICESHIP PROGRAM CAP-1 to CAP-2

• PROOF OF ABILITY TO DO WORK IN NYS OR COVENANT (Contractor to Obtain)

• NYS UNIFORM CONTRACTING QUESTIONNAIRE (completed on NYS VendRep) 10 PAGES

AGREEMENT AG-1 t o AG-19

006113.13 CONSTRUCTION PAYMENT BOND 4 PAGES

006113.16 CONSTRUCTION PERFORMANCE BOND 4 PAGES

007200 GENERAL CONDITIONS

007300 SUPPLEMENTARY CONDITIONS

NYSDOL PREVAILING RATES AND SUPPLEMENTAL INFORMATION AS NOTED

POST AWARD FORMS:

• CHANGE ORDER FORM 2 PAGE

• NOTICE OF AWARD (NOA) 3 PAGE

• NOTICE TO PROCEED (NTP) 2 PAGE

TABLE OF CONTENTS TOC-2 RFBK 26-29

TECHNICAL SPECIFICATIONS

DIVISION 01- GENERAL REQUIREMENTS

011000 SUMMARY

012000 PRICE AND PAYMENT PROCEDURES

012100 ALLOWANCES

012500 SUBSTITUTION PROCEDURES

013000 ADMINISTRATIVE REQUIREMENTS

013216 CONSTRUCTION PROGRESS SCHEDULE

014000 QUALITY REQUIREMENTS

014100 REGULATORY REQUIREMENTS

014216 DEFINITIONS

015000 TEMPORARY FACILITIES AND CONTROLS

016000 PRODUCT REQUIREMENTS

017000 EXECUTION AND CLOSEOUT REQUIREMENTS

017800 CLOSEOUT SUBMITTALS

017900 DEMONSTRATION AND TESTING

019113 GENERAL COMMISSIONING REQUIREMENTS

DIVISION 33 UTILITIES

333211 FIELD ERECTED WASTEWATER PUMPING STATIONS

DIVISION 40 PROCESS INTERCONNECTIONS

402340 SANITARY WASTEWATER PROCESS PIPING

NTB-1 NOTICE TO BIDDERS RFBK 26-29

NOTICE TO BIDDERS

RFBK 26-29

CITY OF KINGSTON

ULSTER COUNTY, NEW YORK

Sealed bids for Contract No. RFBK 26-29, Harding Avenue Pump Station Emergency

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 17, 2026 at 10:00 AM. Bids will be opened and read aloud thereafter.

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

Base Bid:

• Replacement of two (2) existing centrifugal pumps with two (2) Owner Purchased

Cornell 4NNTL-VC5 solids handling centrifugal pumps, 7.5 HP.

• Electrical wiring associated with disconnection of existing pumps and reconnection of

Cornell 4NNTL-VC5 solids handling centrifugal pumps to existing electrical conduit and existing Pump Control Panel in pump house.

• Replacement of existing pump intake with new suction pipe and associated valves and fittings, as shown on Contract Drawings.

• Reconnection of pumps to existing discharge line, as shown on Contract Drawings.

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 24, 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.

NTB-2 NOTICE TO BIDDERS RFBK 26-29

A Pre-Bid Conference will be held on September 1, 2026 at 11:00 AM at the Harding Avenue

Pump Station, 58 Harding Ave., Kingston NY. Attendance is optional but recommended.

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 subcontractors must have approved Apprenticeship Agreements pursuant to NYS Labor Law

816.b as outlined in the contract proposal.

All Work shall be sub s t an t i a l l y com p l et e by November 19, 2026 and ready for final payment by December 3, 2026. It shall be assumed the Notice to Proceed date will be on or before October 7, 2026.

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 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 September 10, 2026, at 4:00 PM.

By order of the City of Kingston Common Council. Steven T.

Noble, Mayor

August 19, 2026 mailto:jschultheis@kingston-ny.gov

ITB-1 RFBK 26-29 INSTRUCTION TO BIDDERS

INSTRUCTIONS TO BIDDERS

PROJECT IDENTIFICATION:

a) Project Title: Harding Avenue Pump Station Emergency Replacement RFBK 26-29

b) Owner: City of Kingston

c) Engineer: MJ Engineering, Architecture, Landscape Architecture, and Land Surveying, P.C.

Paragraph INDEX Page

1. Defined Terms

2. Copies of Bidding Documents

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

11. Subcontractors, Suppliers and Others

12. Bid Form

13. Submission of Bids

14. Modification and Withdrawal of Bids

15. Opening of Bids

16. Bids to Remain Subject to Acceptance

17. Award of Contract

18. Contract Security

19. Signing of Agreement

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. Federal Aid Contract

29. Delegation of Authority

30. Claims and Disputes

ITB-2 RFBK 26-29 INSTRUCTION TO BIDDERS

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.

2. Copies of Bidding Documents

2.1. 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, contractor must notify issuing office in order to be placed on the official plan holder’s list, receive addenda and other bid correspondence. Bids received from contractors other than those on the official plan holder’s list will not be accepted.

2.2. Complete sets of Bidding Documents must be

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

2.3. Owner and Engineer in making copies of

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

3. 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

ITB-3 RFBK 26-29 INSTRUCTION TO BIDDERS

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.

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.

4.4. 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

ITB-4 RFBK 26-29 INSTRUCTION TO BIDDERS

receiving the award may be retained by the OWNER until the earlier of the seventh day after the Effective Date of 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.

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.

ITB-5 RFBK 26-29 INSTRUCTION TO BIDDERS

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.

15. Opening of Bids

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

16. Bids to Remain Subject to Acceptance

All Bids will remain subject to acceptance for forty-five

(45) days after the day of the Bid opening, but OWNER may, in its sole discretion, release any Bid and return the

Bid security prior to that date.

17. Award of Contract

17.1. To the fullest extent permitted by law OWNER

reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, non-responsive, unbalanced, or conditional Bids and to reject the Bid of any Bidder if

OWNER believes that it would not be in the best interest of the project to make an award to that Bidder, 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.

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.

18. Contract Security

When successful Bidder delivers the executed

Agreement to OWNER, it must be accompanied by the required performance and payment Bond.

19. 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.

ITB-6 RFBK 26-29 INSTRUCTION TO BIDDERS

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. Attendance is optional but recommended.

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.

**A Prebid Conference is planned for this contract on September 1, 2026 at 10:00am at the

Harding Ave Pump Station located at 58 Harding

Ave., Kingston NY. **

21. Lobbying Activities on Federal Aid Contracts

This Project is not Federal funded.

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 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 not applicable.

25. Equal Employment Opportunity Participation

Goals

The provisions for Equal Opportunity Participation Goals are not applicable.

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 30 days following Bid Opening

Signed Documents returned by Contractor

No later than 10 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. Federal Aid Contract

This Project is not Federal funded.

29. Delegation of Authority

Where reference is made to New York State, Commissioner of Transportation, State Department of

Transportation Officials and Employees, etc., either in these specifications or the NYSDOT Standard

Specification, Construction and Materials it shall mean the appropriate City, Bureau or Official.

The City or its authorized representative shall make all final interpretations of any questions or irregularities arising out of these specifications and the NYSDOT

Standard Specification, Construction and Materials used on this project.

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.

30. 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

ITB-7 RFBK 26-29 INSTRUCTION TO BIDDERS

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 York’s Civil Practice Law and Rules.

SIAB-1 RFBK 26-29

SUPPLEMENTAL INFORMATION

CONTRACT NO: RFBK 26-29

SUPPLEMENTAL INFORMATION AVAILABLE TO BIDDERS

The following information is available at the Office of the Owner and Engineer, as identified in the advertisement for bids, for inspection and review prior to the letting date. It is mutually understood that this data is independent information the Engineer and/or Owner has assembled and the bidder shall assume the risk of its accuracy and that the information is not prepared or used as part of the contract plans and that

Article 7 of the Agreement will apply. This information is not to be considered as a substitution or revision of that section of the standard specifications defining specifications and contract agreements.

By his/her signature on this proposal the bidder certifies that he/she has made himself aware of this availability, for his/her inspection and review prior to the letting date, of the information indicated below:

Available Not

Available Information

X Harding Ave. Pump Station Electrical Condition Assessment

X Cornell 4NNTL-VC5 Solids Handling Pump Shop Drawings

NBR-1 RFBK 26-29 NON BIDDER RESPONSE

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

John Schultheis – City Engineer

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:

BC-1 RFBK 26-29 BIDDER CHECKLIST

BIDDER’S CHECKLIST

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

Bid Form (BF-1 to BF-4)

Certified Copy of Resolution of Board of Directors (For Corporations) (BF-5)

Bid Summary Form(s) (BS-1 to BS-6)

Non-Collusive Bidding Certification, Offerer Disclosure of Prior Non-responsibility Determinations, and Combined Certification Form (Appendix 12-

1A)

Bid Bond or Certified Bank Check (BB-1 to BB-2)

Affidavit of Worker’s Compensation (WC-1)

Certification of Compliance Iran Divestment Act (ID-1)

Sexual Harassment Prevention Certification (SHP-1)

Statement of Contractors Apprenticeship Program

Proof of Ability to do Work in NYS or Covenant to Obtain

(obtained from NY Dept of State)

NYS Uniform Contracting Questionnaire with attachments (included for your convenience, may be completed online using the New York State VendRep System)

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.

BF-1 RFBK 26-29 BID FORM

BID FORM

PROJECT IDENTIFICATION: Contract No. RFBK 26-29

THIS BID IS SUBMITTED TO: John Schultheis – City Engineer

City Engineering Office, City of Kingston

420 Broadway

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:

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

Addendum Number and Date)

b. BIDDER 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.

c. BIDDER is familiar with and is satisfied as to all federal, state, and local Laws and

Regulations that may affect cost, progress, performance, and furnishing of work.

d. 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

BF-2 RFBK 26-29 BID FORM

e. 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

f. 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.

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

4. Bidder will complete the Work in accordance with the Contract Documents:

BIDDER acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents.

5. 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.

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

a. All documents set forth in the Bidders Checklist.

BF-3 RFBK 26-29 BID FORM

7. 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. – City Engineer jschultheis@kingston-ny.gov

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

SUBMITTED on 2026.

CONTRACTOR

(Signature of Authorized Representative)

(Print Name)

(Title)

BF-4 RFBK 26-29 BID FORM

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:

DATE OF ORGANIZATION:

* 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.

BF-5 RFBK 26-29 BID FORM

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:

(NAME OF CORPORATION)

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

BS-1 RFBK 26-29 BID PROPOSAL FORM

BID PROPOSAL FORM

GENERAL CONSTRUCTION

CONTRACTOR'S NAME AND ADDRESS:

TELEPHONE NO.:

FAX NO.:

FEDERAL I.D./S.S. #:

TO: City of Kingston

City Hall, 420 Broadway

Gentlemen:

I hereby submit my Bid for: Contract RFBK 26-29, Harding Avenue Pump Station Emergency

Replacement.

1. LUMP SUM PRICE BASIS:

Having carefully examined:

a. The Advertisement for Bids, Instructions to Bidders, Bid Form, General Conditions, Specifications, Contract Drawings and Prevailing Wage Rates.

b. The Specifications & Drawings titled and dated Contract RFBK 26-29, Harding Avenue

Pump Station Emergency Replacement.

c. All addenda issued by the Engineer and received by the Undersigned prior to the date of opening of bids, and having visited the site, examined all conditions affecting the work, the

Undersigned proposes to furnish all labor, materials and equipment necessary and required by said documents for General Construction Work, as per the Proposal.

d. The undersigned agrees to start work at the site at the date to be specified on a written notice from the Owner to do so but, in no case, later than ten (10) days after the signing of the

Notice to Proceed and that the work will be substantially completed by November 19, 2026.

BS-2 RFBK 26-29 BID PROPOSAL FORM

HARDING AVENUE PUMP STATION EMERGENCY

REPLACEMENT PROPOSAL

Description Lump Sum Amount Numbers

1. Base Bid for Contract 26-29

2. Field Order Allowance* $15,000

Total of Lump Sum Bid Amounts (Sum Items

Above)

TOTAL BID AMOUNT WRITTEN IN WORDS:

*An Allowance of FIFTEEN THOUSAND DOLLARS ( $15,000.00) is to be added to the BID amount stated above to arrive at the TOTAL BASE AMOUNT BID. The allowance, as described in Section 012100 will not be used unless a Change Order, approved, and signed by the Owner, is issued by the Engineer.

BS-3 RFBK 26-29 BID PROPOSAL FORM

2. BONDS:

The undersigned agrees, if awarded the Contract, to deliver to the Owner simultaneously with the executed Contract an executed Performance Bond and a Labor and Material Payment Bond both of a corporate surety licensed to do business in the State of New York, in the amount of one hundred percent of the accepted contract sum. This shall guarantee the prompt payment of all indebtness, incurred by the Contractor, or any subcontractor for supplies, materials or labor furnished, used or consumed directly in furtherance of such construction. The form of both the

Performance Bond and the Labor and Material Payment Bond shall be the currently issued by the American Institute of Architects.

Surety Company shall be as approved by the Owner, the Contractor shall pay the premium for such Bonds.

3. INSURANCE:

Two copies of a Certificate of Insurance shall be provided at the contract signing, naming the

Owner (City of Kingston) and the Engineer (MJ Engineering, Architecture, Landscape

Architecture, and Land Surveying, P.C.) as additional insureds.

4. 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 signatory of this Bid in behalf of the corporate Bidder.

5. ADDENDA:

Receipt of the following Addenda is hereby acknowledged:

DATE SIGNATURE

ADDENDUM NO. 1

ADDENDUM NO. 2

ADDENDUM NO. 3

BS-4 RFBK 26-29 BID PROPOSAL FORM

DATE: SIGNED: ̀

(Name of Firm)

BY:

(Designate Officer)

6. I understand that the Owner reserves the right to reject this bid, but that this bid shall remain open and not be withdrawn for a period of forty five days from the date prescribed for its opening.

7. Notice of acceptance, or request for additional information, may be addressed to the undersigned at the address set forth below.

BS-5 RFBK 26-29 BID PROPOSAL FORM

8. The names of all persons interested in the foregoing bid as principals are:

(IMPORTANT NOTICE: If bidder or other interested person is a corporation, give legal name of corporation, state where incorporated, and names of president and secretary; if a partnership, give name of firm and names of all individual co-partners composing the firm;

if bidder or other interested person is an individual, give first and last name in full)

SIGN HERE:

SIGNATURE OF BIDDER:

NOTE: If bidder is a corporation, set forth the legal name of the corporation together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If bidder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership

Business Address:

Telephone Number:

Email address:

Date of Proposal:

BS-6 RFBK 26-29 BID PROPOSAL FORM

TO BE SUBMITTED WITH BID PROPOSAL

STATEMENT OF CONTRACTOR'S QUALIFICATIONS

This statement mu st be submitted by the Contractor with this proposal. All questions must be answered and the data given must be clear and comprehensive.

1. Name of Bidder

PHONE NUMBER

2. Permanent main office address

3. When organized or began business

4. If a corporation, where incorporated

5. H ow many years have you been engaged in the contracting business under your present firm name?

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

7. Will you, upon request, submit a detailed financial statement and furnish the following information that may be required by the Owner?

• Contracts on hand: ( Indicate location, client gross amount of each contract, approximate anticipated dates of completion, A/E name, address and contact person.

• List of contracts of a similar nature performed within the past two years with location, client, gross amount, date of completion, A/E name, address and contact person.

• List of major equipment owned and available within 10 days of award of this contract.

• Background and experience of the principal members of your personnel, including the officers.

• Credit available (written evidence).

• Such statements, if required, shall be notarized and delivered to the Owner within three (3) days of written or verbal request. (Contractor may, at his discretion, elect to submit information as delineated under No. 7 with his Bid Proposal).

8. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the Owner in certification of the recitals comprising this Statement of

Contractor's Qualifications.

Dated at this day of , 20 .

Name of CONTRACTOR

BY

TITLE

EJCDC C-430 Bid Bond (Penal Sum Form)

Prepared by the Engineers Joint Contract Documents Committee.

BB-1

RFBK 26-29 BID BOND

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

Title Title

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

EJCDC C-430 Bid Bond (Penal Sum Form)

Prepared by the Engineers Joint Contract Documents Committee.

BB-2

RFBK 26-29 BID BOND

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…