Bid Notice.pdf

City of Kingston Sustainability Office

RFB#: K26-26

Abatement, Demolition and Disposal of 46 & 50 North Street, Kingston September 24

11:00am

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CONTRACT NO. RFBK 26-26

Abatement, Demolition and Disposal of 46 & 50 North Street, Kingston

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

Abatement, Demolition and Disposal of 46 & 50 North Street, Kingston September 24

11:00am

NOTICE TO BIDDERS

Abatement, Demolition and Disposal of 46 & 50 North Street, Kingston

RFBK26 - 26

CITY OF KINGSTON

ULSTER COUNTY, NEW YORK

Sealed bids for Contract No RFBK26-26, the Abatement, Demolition and Disposal of 46 & 50 North Street within the City of Kingston, Ulster County, New York, are sought and requested as set forth in specifications prepared by the Sustainability Office of the City of Kingston. Bids will be received until September 24, 2026 at 11:00 am. Bids will be opened and read aloud thereafter.

The project consists of the Hazardous Materials Abatement, Demolition and Disposal of 3 buildings at 46 & 50 North Street, Kingston. The water line and sewer will have already been disconnected by others.

Separate sealed proposals completed on forms provided with the Contract documents shall be received by the Sustainability Office, City of Kingston, 467 Broadway, Kingston, NY 12401. Bids may be mailed, or sent by overnight carrier, or hand delivered to the address above.

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 Security. 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 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.

There is a Pre-Bid Conference set for September 8, 2026 at 10:00am. Pre-Bid Conference will begin at 50 North Street and then proceed to 46 North Street, and will include internal and external access.

The City of Kingston hereby notifies all Bidders that it will affirmatively insure that in regard to any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. MBE/WMBE firms are strongly encouraged to submit bids.

The State has assigned a goal for MWBE participation of MBE 15% and WBE 15%. MWBE shall mean any business certified as a minority or women-owned business pursuant to Section 314 of the Executive Law.

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https://www.bidnetdirect.com/

Abatement, Demolition and Disposal of 46 & 50 North Street, Kingston September 24

11:00am

Information about the certification program and a directory are available at: https://ny.newnycontracts.com/.

Contractors are required to make and demonstrate good faith efforts with respect to these goals.

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 completed by March 31, 2027. It shall be assumed the Notice to Proceed date will be on or after October 15, 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 Sustainability Office 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.

Financial assistance for this project is being provided by a New York State Department of State grant. As a result, the selected consultant must perform all services and comply with all requirements outlined in the State Assistance Contract C1002618, which can be found as SCHEDULE B.

Owners Contact Julie Noble Project Manager Phone: (845) 481-7339 Email: julielnoble@kingston-ny.gov

No questions or inquiries regarding this bid will be accepted after 4:00 pm on September 10, 2026.

By order of the City of Kingston Common Council.

Steven T. Noble, Mayor August 24, 2026

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mailto:julielnoble@kingston-ny.gov

Abatement, Demolition and Disposal of 46 & 50 North Street, Kingston

September 24 11:00am

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INSTRUCTIONS TO BIDDERS

PROJECT IDENTIFICATION:

1.0 SCOPE OF WORK

1.1 PROJECT OVERVIEW

46 North Street Findings 50 North Street Findings

1.2 CODES, STANDARDS, AND PERMITS

1.3 PRE-DEMOLITION ACTIVITIES

1.4 HAZARDOUS MATERIAL ABATEMENT

1.5 DEMOLITION AND DEBRIS HANDLING

1.6 SITE RESTORATION AND CLOSEOUT

1.7 BUILDING DETAILS FROM ULSTER COUNTY PARCEL VIEWER (DIMENSIONS NOT GUARANTEED)

2.0 DEFINED TERMS

3.0 DRAWINGS

4.0 BIDDERS QUALIFICATIONS

5.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

6.0 AVAILABILITY OF LANDS FOR WORK, ETC

7.0 INTERPRETATION AND ADDENDA

8.0 BID SECURITY

9.0 CONTRACT TIMES

10.0 LIQUIDATED DAMAGES

11.0 SUBSTITUTE AND “OR-EQUAL” ITEMS

12.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS

13.0 BID FORM

14.0 SUBMISSION OF BIDS

15.0 MODIFICATION AND WITHDRAWAL OF BIDS

16.0 OPENING OF BIDS

17.0 BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.0 AWARD OF CONTRACT

19.0 CONTRACT SECURITY

20.0 SIGNING OF AGREEMENT

21.0 PREBID CONFERENCE

22.0 LOBBYING ACTIVITIES ON FEDERAL AID CONTRACTS

23.0 SALES AND USE TAXES

24.0 NON-COLLUSIVE BIDDING PROCEDURES

25.0 MWBE CONTRACT GOALS AND COMPLIANCE

26.0 DISADVANTAGED BUSINESS ENTERPRISE UTILIZATION GOALS

27.0 EQUAL EMPLOYMENT OPPORTUNITY PARTICIPATION GOALS

28.0 SCHEDULE FOR BID AND AWARD OF CONTRACT

29.0 PREVAILING WAGES

30.0 DELEGATION OF AUTHORITY

31.0 CLAIMS AND DISPUTES

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NYSDOL STATE PREVAILING WAGE RATES

Attachment A: Non-Bidders Response Attachment B: Question Form Attachment C: Complete RFB Submission Package

BID FORM

BIDDER INFORMATION SHEET

CERTIFIED COPY OF RESOLUTION OF

BOARD OF DIRECTORS

BID BOND

AFFIDAVIT OF WORKERS COMPENSATION

STATEMENT OF CONTRACTOR'S APPRENTICESHIP PROGRAM

REFERENCE SHEET

NON-COLLUSIVE BIDDING CERTIFICATION

RFBK26-26 SCHEDULE A Standard City of Kingston Agreement for Vendor Services 37 RFBK26-26 Schedule B NYS DOS Contract C1002618 RFBK26-26 Schedule C NYS DOL Prevailing Wage Schedule RFBK26-26 Schedule D MWBE GOOD FAITH EFFORT DOCUMENTATION RFBK26-26 Schedule E Hazardous Materials Demolition Survey 46 North Street, Kingston, NY 50 North Street, Kingston, NY

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INSTRUCTIONS TO BIDDERS

PROJECT IDENTIFICATION:

a) Project Title: RFBK26-26, Abatement, Demolition and Disposal of 46 & 50 North Street, Kingston

b) Owner: City of Kingston

c) Project Manager Julie L. Noble

1.0 SCOPE OF WORK

Project Address: 46 & 50 North Street, Kingston New York 12401 Parcel / Tax ID: 56.36-1-32 and 56.36-1-33 Owner / Municipality: City of Kingston

1.1 PROJECT OVERVIEW

Project scope is full hazardous materials abatement and subsequent demolition of one house and one shed at 50 North Street and one house at 46 North Street, Kingston. All ACM, PACM, or asbestos materials, and all Lead Based Paint must be removed from the structures and the abatement project completed, as outlined in NYS DOL Industrial Code Rule 56-11.4 Pre-Demolition Asbestos Abatement, prior to commencement of demolition. Demolish and remove three structures including all associated foundations, slabs, and debris associated with and or connected to the buildings. Protect all surrounding private property, public rights-of-way, and municipal infrastructure during demolition. Leave the site clean, leveled with grade and free of unsafe conditions.

A Hazardous Materials Demolition Survey has been completed for both 46 North Street and 50 North Street.

All components of this survey for both 46 and 50 North Street can be found in Schedule E of this bid package.

46 North Street Findings

Asbestos

Based upon the completed investigations, asbestos-containing materials were identified within the structure.

Identified ACM consisted of approximately 1,800 square feet of green cementitious shingle siding located on the exterior of the building and approximately 1,800 square feet of white plaster skim coat located throughout the interior of the structure. These materials will require removal by a properly licensed asbestos abatement contractor prior to demolition activities.

Additional suspect building materials including roofing materials, roofing underlayment, vapor barriers, caulking, stucco, drywall systems, joint compound, ceramic tile systems, flooring systems, mastics, adhesives, Abatement, Demolition and Disposal of 46 & 50 North Street, Kingston

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coatings, insulation materials, and other miscellaneous suspect materials were sampled and analytically determined to be non-asbestos-containing.

Lead-based paint

A total of fifty-three (53) readings were collected during the lead-based paint inspection, including instrument calibration verification readings.

Based on the results of the XRF analysis, lead-based paint (≥1.0 mg/cm²) was identified on the following building components:

• Exterior Transite siding (light green)

• Interior kitchen pipe surface (metal, white)

• Interior staircase balustrade (wood, light green)

• Interior staircase tread (wood, light green)

• Interior staircase riser (wood, light green)

• Interior staircase stringer (wood, light green)

• Interior bedroom window case (wood, white)

All other tested components were determined to be below the HUD/EPA definition of lead-based paint.

All identified lead-based paint surfaces were observed to be in intact condition at the time of inspection.

PCB-containing materials

PCB bulk sampling at the above-referenced property to evaluate the presence of polychlorinated biphenyls (PCBs) in suspect building materials, including caulking materials.

A total of two (2) bulk samples were collected and analyzed for Aroclor PCBs utilizing EPA Method 8082A.

Based on the laboratory analytical results provided no Aroclor PCBs were detected in the analyzed samples.

Sample PCB1 (White Caulk – Exterior) was reported as non-detect for all analyzed Aroclors with a reporting limit of 680 μg/kg, while Sample PCB2 (White Caulk – Interior) was reported as non-detect for all analyzed Aroclors with a reporting limit of 680 μg/kg.

No materials tested exceeded the U.S. Environmental Protection Agency (EPA) regulatory threshold of 50 parts per million (ppm) for PCB bulk product waste under the Toxic Substances Control Act (TSCA) (40 CFR 761).

As such, the sampled materials are not classified as PCB bulk product waste; however, materials containing detectable PCB concentrations may still be subject to regulatory requirements depending on the nature of disturbance, removal, and disposal activities.

Oil Tank There is confirmed presence of an exterior above ground oil tank adjacent to the house. All removal costs for tank and contents to be paid by contractor.

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50 North Street Findings

Asbestos

Based upon the completed investigations, asbestos-containing materials were identified within the main structure. Identified ACM consisted of approximately 3,400 square feet of green cementitious shingle siding located on the exterior of the residence and approximately 1,000 square feet of black asphalt roofing shingles located on the main structure roof. These materials will require removal by a properly licensed asbestos abatement contractor prior to demolition activities.

Additional suspect building materials including vapor barriers, mortar, concrete, caulking, insulation materials, millboard, wall texturing, ceiling tiles, flooring systems, mastics, adhesives, ceramic tile systems, plaster systems, wire insulation, roofing underlayment, drywall systems, joint compound, HVAC duct coatings, and miscellaneous suspect materials were sampled and analytically determined to be non-asbestos-containing.

Lead-based paint

A total of thirty-two (32) readings were collected during the inspection, including instrument calibration verification readings.

Based on the results of the XRF analysis, lead-based paint (≥1.0 mg/cm²) was identified on the following building components:

• Exterior Transite wall panel (light green)

• Exterior wood trim components (red)

• Exterior porch columns (wood, red and light green)

• Interior staircase balustrade (wood, white)

• Kitchen plaster wall (white)

• Basement plaster wall (light green)

• Interior HVAC duct surface (metal, tan)

All other tested components were determined to be below the HUD/EPA definition of lead-based paint.

Most identified lead-based paint surfaces were observed to be in intact condition at the time of inspection.

The interior HVAC duct surface was observed to be in poor condition and may represent a potential lead-based paint hazard if disturbed.

PCB-containing materials

PCB bulk sampling at the above-referenced property to evaluate the presence of polychlorinated biphenyls (PCBs) in suspect building materials, including caulking materials.

A total of two (2) bulk samples were collected and analyzed for Aroclor PCBs utilizing EPA Method 8082A.

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Based on the laboratory analytical results provided by Phoenix Environmental Laboratories, Inc., no Aroclor PCBs were detected in the analyzed samples. Sample PCB1 (Caulk Window – Exterior) was reported as non detect for all analyzed Aroclors with a reporting limit of 1000 μg/kg, while Sample PCB2 (Caulk Threshold – Bathroom) was reported as non-detect for all analyzed Aroclors with a reporting limit of 740 μg/kg.

No materials tested exceeded the U.S. Environmental Protection Agency (EPA) regulatory threshold of 50 parts per million (ppm) for PCB bulk product waste under the Toxic Substances Control Act (TSCA) (40 CFR 761).

As such, the sampled materials are not classified as PCB bulk product waste; however, materials containing detectable PCB concentrations may still be subject to regulatory requirements depending on the nature of disturbance, removal, and disposal activities.

1.2 CODES, STANDARDS, AND PERMITS

1. Demolition Contractor to apply for and obtain all permits and provide all required notifications. Cost of City of Kingston demolition permit fee will be waived.

2. NYS DOT Standard Specification SECTION 202 - DEMOLITION OF BUILDINGS AND STRUCTURES

3. Uniform Fire Prevention and Building Code of NYS

4. NYS DOL Industrial Code Rule 56 (asbestos survey complete, LBP survey complete, PCB survey compete, hazardous materials survey complete)

5. NYS PSC Code Rule 753 (UDig notification)

6. NYS DEC 6 NYCRR Parts 360/361 and Part 613 (oil tank handling)

7. OSHA 29 CFR 1926 Subpart T (Demolition)

8. EPA Section 608 and TSCA regulations (if applicable)

9. Local Building and Fire Code permits

1.3 PRE-DEMOLITION ACTIVITIES

1. Provide demolition plan.

2. Erect temporary construction fencing for duration of project.

3. Confirm termination of all utilities.

4. Submit UDig notification, verify mark-outs and maintain mark-outs.

5. Remove and properly dispose of all aboveground/underground oil tanks before demolition, per 6 NYCRR

Part 613.

6. Maintain spill kits on site; document tank cleaning and disposal.

1.4 HAZARDOUS MATERIAL ABATEMENT

1. Perform Pre-Demolition Asbestos Abatement, per NYS DOL Industrial Code Rule 56-11.4

2. Removal, cleaning and clearing per NYS DOL Industrial Code Rule 56-8 through 56-10.

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1.5 DEMOLITION AND DEBRIS HANDLING

1. Maintain continuous dust suppression.

2. Protect adjacent properties, sidewalks, and rights-of-way.

3. Dispose all C&D debris at permitted facilities with manifests and scale tickets.

4. Fire hydrant:

a. The Kingston Water Department, KWD, requires a "Hydrant Meter Request Form". Once submitted the KWD will install the fire hydrant meter.

b. The hydrant water meter requires a deposit of $2500, usage and monthly fee of $100 will be deducted, any balance will be returned.

c. Refer to the KWD and their fire hydrant rates to confirm, one unit of water costs $12.88. One unit is 748 gallons.

d. All costs associated with water are to be paid by contractor

1.6 SITE RESTORATION AND CLOSEOUT

1. Basement & foundations to be entirely removed. It will not be acceptable to use the foundation walls or slab as backfill.

2. Surrounding concrete pads or slabs to be removed.

3. Backfill voids with clean, compactable soil material. Backfill shall not contain debris, wood, C&D or stones larger than 6”. Place material in 6” lifts and compact.

4. Provide 4 inches topsoil, plus seed and mulch on all disturbed areas.

5. Grade site to match surrounding grade and to drain away from adjoining properties.

6. Submit final documentation including oil tank disposal records, waste tickets, and photo log.

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1.7 BUILDING DETAILS FROM ULSTER COUNTY PARCEL VIEWER

(DIMENSIONS NOT GUARANTEED).

1) Building 1 (B1): Lot 56.36-1-32 46 North Street Kingston, NY 12401

Lot contains one single family residence.

Built in 1883, the building style is an “Old Style” frame building; the 1 story building contains 1 full bath, 2 bedrooms, 1 kitchen, a 110 sq ft enclosed porch (5’ x 22’) on the front, and a partial basement. The basement is accessible at grade from the rear of the residence. Total living area is 1,100 sq ft (550 First Story, 550 Finished basement area). The building used hot water/steam heat, oil for fuel and had no central air. See sketch of house:

Existing Conditions:

46 North Exterior 46 North Interior

2) Building 2 (B2): Lot 56.36-1-33 50 North Street Kingston, NY 12401

Lot contains one single family residence. Built in 1878, the building style is an “Old Style” frame building; the two story building contains 1 full bath, 3 bedrooms, 1 kitchen, a 95 sq ft covered porch (19’ x 5’) on the rear, a 45 sq ft (9’ x 5’) covered porch on the front, and a full basement.

Total living area is 1,578 sq ft (819 First Story, 759 Second Story). The building used hot water/steam heat, oil for fuel and had no central air. See sketch of house below.

Lot also contains one 176 sq ft shed, to be included in the scope of work.

Existing Conditions 50 North Exterior 50 North Interior https://cityofkingstonny-my.sharepoint.com/:f:/g/personal/julielnoble_kingston-ny_gov/IgAhzdozjQBDSZapWnoLwznjAf2Yxln-bHlJKGxcGxM2A_o?e=AcWo2Y https://cityofkingstonny-my.sharepoint.com/:f:/g/personal/julielnoble_kingston-ny_gov/IgDFdqT-Z4dmT7n43T0y3m-bAd0HTKWfULytPsQO1qgF6eQ?e=lfXJAt https://cityofkingstonny-my.sharepoint.com/:f:/g/personal/julielnoble_kingston-ny_gov/IgAbLv0F3wFQT6d0Td8I_RfYAQ4WxNyfiF-GyuVT4zKoy3c?e=uAwi4c https://cityofkingstonny-my.sharepoint.com/:f:/g/personal/julielnoble_kingston-ny_gov/IgCLzkcwxBgiS41JqHCVr-FCAQHYP0rtu82EBPQ52xqv_fw?e=qni6Hr

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2.0 DEFINED TERMS

2.1 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 PROJECT MANAGER’s written recommendation of final payment.

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

• 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.

• Project Manager – 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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3.0 DRAWINGS

3.1. This request for bid incorporates no drawings.

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

4.0 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.

5.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

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

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

5.1.2. 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;

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

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

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

5.1.6. 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 Project Manager by Owners of such Underground Facilities or others, and the Owner and Project Manager do not assume responsibility for the accuracy or completeness thereof.

5.1.7. 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, Abatement, Demolition and Disposal of 46 & 50 North Street, Kingston

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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

5.1.8. 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.

5.1.9. 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 Project Manager 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.

6.0 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.

7.0 INTERPRETATION AND ADDENDA

7.1 All questions about the meaning or intent of the Bidding documents are to be directed to Project Manager.

Interpretations or clarifications considered necessary by the Project Manager 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.

7.2 Addenda may also be issued to modify the Bidding documents as deemed advisable by OWNER and

PROJECT MANAGER.

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8.0 BID SECURITY

8.1 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.

8.2 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 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.

9.0 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.

10.0 LIQUIDATED DAMAGES

Provisions for Liquidated Damages, if any, are set forth in the Agreement.

11.0 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 the Project Manager, application for such acceptance will not be considered by the Project Manager until after the Effective Date of the Agreement.

12.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS

12.1. 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

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such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required.

An OWNER or PROJECT MANAGER 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.

12.2. 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.

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

13.0 BID FORM

13.1 The Bid Form and the Bid Summary Form (where applicable) are included with the Bidding documents; additional copies may be obtained from the Project Manager (or issuing office).

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

13.3 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.

13.4 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.

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

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

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

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

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14.0 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.

15.0 MODIFICATION AND WITHDRAWAL OF BIDS

15.1 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.

15.2 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 PROJECT MANAGER 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.

16.0 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.

17.0 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.

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18.0 AWARD OF CONTRACT

18.1 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.

18.2 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.

18.3 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.

18.4 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.

18.5 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.

18.6 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.

18.7 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.

19.0 CONTRACT SECURITY

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

20.0 SIGNING OF AGREEMENT

When OWNER gives Notice of Award to the Successful Bidder, it will be accompanied by the required number

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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.

21.0 PREBID CONFERENCE

A prebid conference may be held as outlined in the Notice to Bidders. If held, representatives of the OWNER and PROJECT MANAGER will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. PROJECT MANAGER will transmit to all prospective Bidders of record such Addenda as PROJECT MANAGER 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.

22.0 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.

23.0 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.

24.0 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.

25.0 MWBE CONTRACT GOALS AND COMPLIANCE

25.1 For purposes of this procurement, the City hereby establishes an overall goal of 30% for Minority and Women-Owned Business Enterprises (“MWBE”) participation.

25.2 For purposes of providing meaningful participation by MWBEs on the Contract and achieving the Contract Goals established, Contractor should reference the directory of New York State Certified MWBEs found at the following internet address; https://ny.newnycontracts.com.

https://ny.newnycontracts.com/

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25.3 Additionally, the Contractor is encouraged to contact the Division of Minority and Woman Business Development ((518) 292-5250; (212) 803-2414; or (716) 846-8200) to discuss additional methods of maximizing participation by MWBEs on the Contract.

25.4 Where MWBE goals have been established herein, Contractor must document “good faith efforts” to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of the Contract. “Good faith efforts” are outlined in Schedule D: MWBE GOOD FAITH EFFORT DOCUMENTATION. As a condition of award, Contractor must submit the following as part of the bid package:

1. Good faith effort documentation as outlined in Schedule D including:

a. PDF of screen showing final MWBE search criteria

b. Excel file listing MWBE firms, including date and time of download

c. Solicitation Log including: Direct Outreach, correspondence and responses

25.5 Upon award, Contractor to provide evidence of payments to MWBE subs/vendors with each pay application. No payment to Contractor will be processed without same.

25.6 In accordance with 5 NYCRR §142.13, the Contractor acknowledges that if Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such a finding constitutes a breach of contract and the Contractor shall be liable to the City for liquidated or other appropriate damages.

26.0 DISADVANTAGED BUSINESS ENTERPRISE UTILIZATION GOALS

The provisions for Disadvantaged Business Enterprise Utilization Goals are set forth in Schedule B. NYS DOS Contract C1002618 Attachment A-1, Section M. Each Bidder must submit the Disadvantaged Business Enterprise Utilization Goals form with its Bid.

27.0 EQUAL EMPLOYMENT OPPORTUNITY PARTICIPATION GOALS

The provisions for Equal Opportunity Participation Goals are set forth in Schedule B. NYS DOS Contract C1002618 Attachment A-1, Section M.

28.0 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 15 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

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29.0 PREVAILING WAGES

This is a public works project; prevailing wages as determined by the New York State Department of Labor must be paid.

30.0 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.

31.0 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 York’s Civil Practice Law and Rules.

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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# is 2026016577. 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=1622562 http://www.labor.state.ny.us/ https://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt&id=1622562

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Attachment A: Non-Bidders Response

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

Julie L. Noble- Project Manager City Sustainability Office

City of Kingston 467 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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Attachment B: Question Form

SUBMIT ALL QUESTIONS PERTAINING TO THIS BID IN WRITING NO

LATER THAN September 10, 2026 AT 4:00pm

Please use this form and email questions to Julie Noble at julielnoble@kingston-ny.gov. Substantive questions will be responded to in the form of an addendum no later than September 11, 2026 at 4:00pm.

Date: ____________________________________________

Company Name: _____________________________________

Contact Name: ____________________________________________________

Telephone Number: ________________________________

Fax Number: ________________________________________________________

E-mail: __________________________________________________________

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Attachment C: Complete RFB Submission Package

BIDDER’S CHECKLIST

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

____ Bid Form

_____ Bidder Information Form

____ Certified Copy of Resolution of Board of Directors (For Corporations)

____ Bid Bond or Certified Bank Check

____ Affidavit of Worker’s Compensation

____ Statement of Contractors Apprenticeship Program

____ Reference Sheet

____ Non-Collusive Bidding Certification

____ 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)

____ Disadvantaged Business Enterprise Utilization Goals

____ MWBE Good faith effort documentation as outlined in Schedule D including:

a. PDF of screen showing final MWBE search criteria

b. Excel file listing MWBE firms, including date and time of download

c. Solicitation Log including: Direct Outreach, correspondence and responses

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…