CITY OF GLENS FALLS, NEW YORK

BIOSOLIDS

TRANSPORT & DISPOSAL SERVICES

BID CONTRACT NO. CGF 26-05

BID DOCUMENTS

BIDS DUE: OCTOBER 1, 2026 ~ 11:00 AM

ISSUED: SEPTEMBER 12, 2026

City of Glens Falls Purchasing Department 42 Ridge Street

Glens Falls, NY 12801

(518) 761-3817

NOTICE TO BIDDERS

Notice is hereby given that the City of Glens Falls will accept sealed bids for:

Bid Contract No. CGF 26-05 ~ Biosolids Transport & Disposal Bids Due: October 1, 2026 ~ 11:00 AM City of Glens Falls, Warren County, New York

Description of Work: The City of Glens Falls (City) is soliciting bids from qualified contractors to transport & dispose of dewatered biosolids from the City’s wastewater treatment facility (WWTF) located at 2 Shermantown Road, Glens Falls, New York 12801. The successful bidder will secure and furnish all permits, materials, labor & equipment to execute work in accordance with the contract specifications.

Digital copies of the bidding documents may be requested by contacting William Norton, Water & Sewer Superintendent, at wnorton@cityofglensfallsny.gov or (518) 761-3850 Ext. 3112.

A voluntary pre-bid meeting will be held on September 17th, 2026 at 11:00 AM. The pre-bid meeting will be held at the City’s WWTF, 2 Shermantown Road, Glens Falls, NY 12801. A tour of the biosolids loading facility will follow. All prospective bidders are encouraged to attend.

Sealed bids, plainly marked on the form prepared by the City of Glens Falls shall be received at the City of Glens Falls Purchasing Office, 42 Ridge Street, City Hall, 2nd Floor, Glens Falls, New York 12801, Attention: Carrie Lambert; Purchasing Agent until the closing time of: October 1, 2026, at 11:00 AM.

At 11:05 AM on this date all bids will be publicly opened and read aloud. Late submissions will not be accepted and will be returned unopened. Bids submitted shall be clearly identified on the outside of the envelope with the Bid Name and the Company submitting the proposal.

The City of Glens Falls reserves the right to consider the bids for forty-five (45) days after receipt before awarding any Contract, and to waive any informalities in, and to reject, any and all bids or to accept the one that in its judgment will be for the best interest of the City. All bids are subject to final review and approval by the City of Glens Falls before any award of contract may be made. Receipt of bids by the City shall not be construed as authority to bind the City.

Carrie Lambert; Purchasing Agent City of Glens Falls, New York (09-10-2026)

BIOSOLIDS TRANSPORT & DISPOSAL

TABLE OF CONTENTS

Notice to Bidders

Table of Contents

Instructions to Bidders

Pre-Bid Meeting & Bid Guarantee Requirement

Specifications

General Conditions

Standard Insurance Requirements

Safety Precautions

***Bid Response Form

***Non-Collusive Bidding Certification

***Bidders’ Qualification Statement

***Hauler Certification Form

***Subcontractor Listing Form

***Bid Bond

***Iran Divestment Act Certification

***Prevention of Sexual Harassment Certification

Appendix A – Sludge Cake Laboratory Analyses

Appendix B – Sludge Cake Loading Facility Drawings

***ITEMS TO BE INCLUDED WITH BID PROPOSAL

INSTRUCTIONS TO BIDDERS

Bids shall exclude sale and compensating use taxes on materials incorporated into the work.

All bids shall include: (failure to do so may result in disqualification)

a. Completed Bid Response Form

b. Completed Non-Collusive Bidding Certification

c. Bidder’s Qualification Statement

d. Hauler Certification Form

e. Subcontractor Listing Form

f. 5% Bid Guarantee (Bid Bond)

g. Iran Divestment Act Certification

h. Prevention of Sexual Harassment Certification

The Contractor will be required to comply with insurance minimums as set forth in the attached Standard Insurance Requirements.

The City of Glens Falls requires a Certificate of Insurance naming the City as additional insured upon notification of award.

The City of Glens Falls requires proof that the Contractor maintains during the life of this contract workers’ compensation insurance and employer’s liability insurance for all of his employees employed at the site of the project.

The Contractor must insure that employees and applicants for employment are not discriminated against because of their race, creed, color, religion sex or national origin.

Any bid submitted for consideration shall meet or exceed these written specifications. The City reserves the right to waive any formalities or irregularities in the Bids received, or to reject any or all Bids without explanation.

Nothing herein is intended to exclude any responsible vendor, their product or service or in any way restrain or restrict competition. On the contrary, all responsible vendors are encouraged to bid and their bids are solicited.

In determining the “lowest responsible bidder”, in addition to price, the purchasing authority shall consider the ability, capacity and skill of the bidder to perform the contract or provide the service required; whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; the character, integrity, reputation, judgement, experience and efficiency of the bidder; the quality of performance of previous contracts.

PRE-BID MEETING

A voluntary pre-bid meeting will be held on SEPTEMBER 17th, 2026 at 11:00 a.m. The purpose of the meeting is to allow prospective bidders to ask questions and/or request clarifications about information contained in the bid documents. The pre-bid meeting will be held at the City’s Wastewater Treatment Plant conference room located at 2 Shermantown Road, Glens Falls, NY 12801. A tour of the biosolids loading facility will follow. All prospective bidders are encouraged to attend.

BID GUARANTEE REQUIREMENT

Each bid shall be guaranteed by cash, certified check, or bid bond in the amount of 5% of the amount of the bid total. The City may hold the bid guarantee until the execution of the Contract. All other bid guarantees will be returned to bidders within thirty (30) days after bid opening. The bid guarantee of any bidder who withdraws a bid after bids are opened shall be forfeited to the City irrespective of the reason for such withdrawal. Bid guarantees will be paid to the City Controller as liquidated damages if the bidder fails to execute the written contract within ten (10) days following the presentation of the prescribed forms to the Contractor for signature.

The bid guarantee of the successful bidder will be returned upon satisfactory execution of the contract.

SPECIFICATIONS

1.1 General

The City of Glens Falls (hereinafter the “City) intends to retain a qualified company (hereinafter the Contractor) to furnish all permits, personnel, materials and equipment required to transport and dispose of all dewatered biosolids generated by the City’s wastewater treatment facility (WWTF), located at 2 Shermantown Road, Glens Falls, NY 12801. Transport and disposal services will be required 3 to 4 days per week, depending on plant loadings and maintenance requirements. The transport and disposal schedule will be developed and agreed to by the City and Contractor based on the location and method of the disposal.

1.2 Background

The City owns and operates a WWTF located in the City of Glens Falls, New York. The WWTF is a conventional secondary treatment facility that serves portions of Warren & Saratoga County including the City of Glens Falls, Towns of Moreau & Queensbury and the Village of South Glens Falls. The treatment capacity for the facility is 10 MGD, with a current average daily flow of approximately 4

MGD.

Liquid stream treatment units at the facility include 3/8” mechanical bar screens, grit removal, primary settling tanks, aeration tanks, final clarifiers and ultra-violet light (UV) disinfection. The effluent is discharged directly to the Hudson River. The solids treatment units include a gravity belt thickener for waste activated sludge, sludge storage tanks (primary sludge comingled with thickened waste activated sludge), and belt filter presses (BFP’s) for biosolids dewatering.

1.3 WWTP Biosolids Production and Characteristics

The WWTF averages 6,500 wet tons annually (125 wet tons per week), with a maximum yearly amount of 8,500 tons. The minimum dry solids content is 20%.

Biosolids ready for transport will not be in a lime stabilized condition. If lime stabilization is required, it will be the responsibility of the Contractor. If odor at the disposal site is of concern after hauling begins, the City will implement odor control technologies at the WWTF to help mitigate the issue. Terms associated with this requirement can be detailed in the agreement.

The Contractor shall submit a list of hauling equipment and personnel that will be assigned to the project. The key personnel will be required to provide emergency contact information at time of bid.

In the rare event of an emergency, the Contractor shall be able to respond within 24 hours. In the event of additional solids loadings or limited sludge holding tank space, additional trucks or rail containers that are requested to accommodate the increased hauling need shall be available within 12 hours.

Vessels used to haul the dewatered biosolids must be covered and watertight. The approximate load out time for an average hauling weight of 37.5 tons is 6 hours. This is using two Belt Filter Presses.

Should maintenance be required on a BFP, the load time would be 12 hours and the time to fill a truck is greater than 12 hours, a demurrage fee may be assessed per every (30) thirty minutes beyond 12 hours. Please indicate the demurrage fee on the bid response form.

The City of Glens Falls WWTP has a Sludge Cake Loading Facility (SCLF). The auger system can load into (4) four different spots along a trailer, without the need for the trailer to be moved within the building. Drawings of the SCLF are included in Appendix B.

The Contractor shall be responsible for immediate cleanup of any dewatered biosolids spilled at the WWTF during hauling to the satisfaction of the WWTF. The Contractor shall clean the exterior of all vehicles of any biosolids prior to leaving the WWTF to prevent spilling or tracking of biosolids onto public roadways. Should a spill occur, it must be cleaned up immediately at the Contractors expense to the satisfaction of the appropriate regulatory agency.

It shall be the responsibility of the Contractor to find sites capable of accepting the biosolids produced at the WWTF. Once the sludge has left the City’s WWTF plant, the contractor will be required to dispose of the sludge following all required laws, rules, regulations and guidelines of all pertinent agencies. The WWTF will have no liability in the disposal of biosolids once taken offsite from the WWTF. The Contractor shall incur all costs, penalties, and fines associated with improper disposal of biosolids at any point during the contract.

Contractor must also provide documentation that transportation and disposal of the biosolids is in compliance with all local, State and Federal Regulations. For the duration of the sludge hauling period, the Contractor shall keep and maintain on a daily basis, records regarding the amount of biosolids removed from the WWTF, the disposal site, and any other information required by the City and/or regulatory agencies. Original disposal tickets from the disposal location will be required to be submitted with each invoice, and payment will not be approved without said tickets. A City of Glens Falls voucher with electronic signature will also be required with each invoice. Billing shall occur on a monthly basis. The City of Glens Falls is tax exempt, and late fees are not to be assessed to payments for this contract.

The WWTF will provide to the Contractor, free of charge, non-potable water at the WWTF for vehicle wash down. Biosolids must be removed from the plant on a daily basis to minimize odor concerns.

1.4 Beneficial Use

The City of Glens Falls is committed to green opportunities if it brings value to the local community and is economically responsible. If the hauling contractor has an opportunity to utilize the biosolids for beneficial use, please include a description in the bid deliverables. Include the total price for transportation and disposal at the facility on the separate line indicated on the proposal sheet. The WWTF reserves the right to utilize any portion of the Biosolids produced for beneficial use, but contract award will not be solely based on the ability to utilize the Biosolids for beneficial use. The WWTF will not be providing sludge that meets class A or B requirements at any time, and the sludge will be unstabilized.

1.5 Bid Requirements

Please see the “Instructions to Bidders” form attached for relevant information pertaining to bid submission and requirements. The contractor will be responsible for removing ALL of the sludge produced (up to 8,500 tons a year, 165 tons week) for a 36 MONTH period at a specified price per wet ton. This price is all inclusive for the proper removal, transportation, and disposal of the biosolids (except for the fuel surcharge and demurrage). At the end of 36 months and upon mutual agreement by both parties, this contract may be extended at an adjusted price for an ADDITIONAL 12 months 2 times.

Bids shall include a baseline diesel fuel price of $6.051/gallon for the week of 09/07/2026. Diesel index prices as obtained from Petroleum Administration for Defense Districts, Central Atlantic (PADD 1B), U.S. on-highway Diesel index.

The credit/surcharge will be based on an average 5 MPG for the vehicles used and miles traveled to the disposal site. Return miles will not be included in the calculation of the credit/surcharge. The weekly credit/surcharge will be computed as follows:

Mileage Surcharge/Credit Calculation:

[Total Weekly Loaded Miles ÷ 5 MPG] X [Current PADD 1B Price – Baseline PADD 1B Price] = Weekly Surcharge (+) or Credit (-) amount.

Note: A positive value indicates a surcharge, a negative value indicates a credit.

1.6 Contract Requirements

The minimum term of this Transport & Disposal contract will be (36) thirty-six months, with (2) two – (12) twelve-month extensions with a fee adjustment, if agreed to by both parties for a total of (5) five years from initial contract execution.

Should circumstances dictate, the City reserves the right to cancel the hauling contract with at least 30 days written notice given to the Contractor. Should the Contractor wish to terminate the agreement, 90 days written notice must be given to the City.

The contractor will be required to secure a Performance Bond in the amount of $250,000 OR [bid price per wet ton X 1,500 tons], whichever is less. The surety company shall be authorized to do business in the state of New York. The performance bond will be required 3 weeks after a Notice of Award is issued.

In addition to the City’s Standard Insurance Requirements, the Contractor is required to carry Contractors Pollution Liability Insurance at a $1,000,000 coverage amount specific to this contract.

Please contact William Norton, Water & Sewer Superintendent at the City of Glens Falls at 518-761- 3850 ex.3112 or Chirs Miller, Chief Operator ex. 3119 to schedule a review of the biosolids handling process.

The contractor, at time of bid, shall include in the bid package the proposed destinations of the biosolids. These are not binding, but only a representation of what the intent is of the Contractor.

1.7 Other Requested Information

Personnel list and Emergency contact information for those involved with the hauling.

List of possible locations of sludge disposal. And beneficial use locations.

City of Glens Falls ~ GENERAL CONDITIONS

CITY OF GLENS FALLS PURCHASING DEPARTMENT

42 RIDGE STREET

GLENS FALLS, NEW YORK 12801

518-761-3817/FAX 518-792-1198

GENERAL CONDITIONS

BIDS

1. All proposals shall be made upon forms furnished by the Purchasing Agent for the City of Glens Falls and shall be contained in sealed envelopes addressed to City of Glens Falls Purchasing Agent, 42 Ridge

Street, Glens Falls, NY 12801.

2. Form of proposal as issued by the City Purchasing Agent shall be completely filled in black ink or typed. No bid will be accepted which contains any changes, additions, omissions or erasures, unless otherwise stated.

3. Unless “or equal” is designated on the technical specifications, the bidder must offer the manufacturer model as listed, if listed. Bidder must submit with bid detailed specifications, circulars and all necessary data on items he proposes to furnish if it proposes to provide an “or equal” product, if allowable. This information must show clearly that the item offered meets all detailed specifications herein. If item offered differs from the provisions contained in these specifications, if permitted, such differences must be explained in detail and bid will receive careful consideration if such deviations do not depart from the intent of these specifications and are to the best interests of the City of Glens Falls as interpreted by the

Purchasing Agent of the City of Glens Falls. Failure to submit any of the above data may result in rejection of the bid. The City, however, reserves the right to request any additional information deemed necessary for the proper evaluation of bids. Manufacturer’s recommended list prices are required with the bid. The Purchasing Agent reserves the right to reject any bid if its compliance with the specifications is not clearly evident.

4. If “or equal” will be considered as set forth in the Technical specifications for a given Manufacturer’s name or catalog reference, or on any patented article, the decision of the Purchasing Agent as to whether an alternate or substitution is in fact “equal” shall be final. If bidding on items other than those specified, bidder must in every instance give the trade designation of the article, manufacturer’s name, and detailed specifications of item he proposes to furnish, otherwise bid will be construed as submitted on the identical item specified.

5. The attached specifications are the minimum specifications for this project. The proposals will be on the basis of the procedures described in these specifications. Any proposal submitted for consideration shall meet or exceed these written specifications. Whenever components are identified by their trade names, those units are desired by the City and shall be given preference in determining the award. Any deviations must be noted and explained in writing.

6. All prices quoted must be “per unit” as specified; e.g., to not quote “per case” when “per dozen” is requested; otherwise, bid may be rejected.

7. Bidder must insert the price per unit and the extensions against each item in this bid. In the event of a discrepancy between the unit price and the extension, the unit price will govern. Prices shall be extended in decimals, not in fractions. If a price is written in numbers and alpha - the alpha will govern.

8. The prices submitted shall be exclusive of Federal and State taxes and must not include any tax for which the bidder may claim exemption because of doing business with the City.

9. Prices shall be net, including transportation and delivery charges fully prepaid by the successful bidder to destination indicated in the proposal. If award is made on any other basis, transportation charges must be prepaid by the successful bidder and added to the invoice as a separate item. In any case, title shall not pass until items have been delivered and accepted by the City.

10. Prices shall be net FOB any point in the City of Glens Falls, New York. Price quoted shall include all delivery costs.

11. Where a bidder is requested to submit a bid on individual items and/or on a total sum or sums, the right is reserved to award bids on individual items or on total sums. The City reserves the right to award in whole or in part based on the lowest responsible bidder.

12. All bids received after the time stated for the opening in the Notice to Bidders may not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or the handling of the mail by employees of the City. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid submitted on time to the location specified.

13. The submission of a bid will be construed to mean that the bidder is fully informed as to the extent and character of the supplies, material, or equipment required and a representation that the bidder can furnish the supplies, materials, or equipment satisfactorily in complete compliance with the specifications.

14. In the event satisfactory bids are not received, the Purchasing Agent reserves the right to consider alternative proposals containing deviations from City specifications. Bidders shall explain in detail where such alternatives deviate from, or qualify the terms of, the proposal and specifications as issued.

15. Bidder must fill in all applicable spaces on bid form. All lines must have an indication of bidder’s response whether it be “O”, “n/a”, “--”, or a dollar figure. All lines must be filled in to indicate bidder’s acknowledgment of the request.

Bids that do not have all applicable lines filled in on bid sheet may be disqualified as a non-responsive bid. We cannot assume there is “no charge” when lines are left empty.

16. The following two items will automatically render a bid unacceptable to the City of Glens Falls:

A) Failure to sign bid proposal page.

B) Failure to include necessary bid bond.

C) Non-Collusive Bidding Certification

It shall be fully understood that any deviations from the inclusion of the above items will be grounds to see the bid as non-compliant and it will not be considered for award.

17. Faxed bids will not be accepted.

18. The City reserves the right to purchase items included in these specifications on New York State

Contracts, when available.

BONDS, INSURANCE & LIABILITIES

19. A Bid Bond IS REQUIRED as a guarantee that if the contract is awarded to the bidder, the selected bidder will sign the agreement and furnish satisfactory Performance Bonds and Insurance Certificates.

Bid Bonds shall consist of either: (1) a Certified Check, or (2) a bid bond secured by a guarantee or surety company authorized to do business in the State of New York.

19a. Proposal Guarantee: Each proposal shall be guaranteed by cash, certified check, or bid bond in the amount of 5% of the amount of the bid total. The City may hold the proposal guarantee until the execution of the Contract. All other proposal guarantees will be returned within thirty (30) days after proposal opening. The proposal guarantee of any proposer who withdraws a proposal after proposals are opened shall be forfeited to the City irrespective of the reason for such withdrawal. Proposal guarantees will be paid to the City Controller as liquidated damages if the proposer fails to execute the written contract within ten (10) days following the presentation of the prescribed forms to the Contractor for signature.

The proposal guarantee of the successful bidder will be returned upon satisfactory execution of the contract. This will be stated in Bid Specifications when required by the City of Glens Falls.

20. Liability, workers compensation and disability coverage statements are required of all bidders.

Automobile coverage is required from those who provide delivery. Bidders who use common carriers for delivery do not need automobile coverage statements.

See attached Standard Insurance Requirements.

SAMPLES

21. Samples, when required, must be submitted strictly in accordance with instructions, otherwise, bid may not be considered. If samples are requested subsequent to bid opening, they shall be delivered within ten (10) days of the request or as directed, for the bid to have consideration. Samples must be furnished free of charge and must be accompanied by descriptive memorandum invoices indicating if the bidder desires their return and specifying the address to which they are to be returned provided they have not been used or made useless by tests. Award samples may be held for comparison with deliveries. The City will not be responsible for any samples destroyed or mutilated by examination or testing. Samples shall be removed by the bidder at his expense. Samples not removed within fifteen (15) days after written notice to the bidder will be regarded as abandoned and the City shall have the right to dispose of them as its own property.

22. All window envelopes/mailers must conform to current U.S. Postal regulations. It is the responsibility of the supplier to be familiar and adhere to these regulations.

AWARD

23. The Purchasing Agent reserves the right to reject any and all bids not deemed for the best interest of the City and to reject as informal such bids, as in her opinion, is incomplete, conditional, obscure, or which contain irregularities of any kind including unbalanced bids. By an unbalanced bid, it is meant one in which the amount bid for one or more separate items is substantially out of line with the current market prices for the materials and/or work covered thereby.

24. The Purchasing Agent for the City of Glens Falls reserves the right to waive any informality or to reject any or all bids.

25. If two or more bidders submit identical bids as to price, the decision of the Purchasing Agent to award a contract to one of such identical bidders shall be final. (General Municipal Law, sec. 103.sub.1). The

City reserves the right to make awards within forty-five (45) days after the date of the Bid opening, during which period bids shall not be withdrawn.

26. Awards will be made to the lowest responsive responsible bidder, as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, their conformity with the specifications, the purposes for which required, and the terms of delivery.

27. No contract hereunder shall, either in whole or in part, be assigned, transferred, conveyed, sublet or otherwise disposed of to any other person, company, or corporation unless approval is first obtained in writing from the City Purchasing Agent.

28. Should the successful bidder fail to meet a delivery date required by the specifications, the City

Purchasing Agent may, at her discretion, cancel the order and terminate the contract. In such event, the

City will assume no responsibility for any expense or loss to the successful bidder because of such cancellation or termination.

29.Should any material or equipment delivered fail to meet the specifications, the City Purchasing Agent may, at her discretion require the vendor to replace the same with material or equipment which does meet the specifications and, at the vendors expense, to remove the rejected material or equipment from wherever delivered or stored and in the event that such proper replacement and removal is not made by the vendor within 30 days, to cancel the order and terminate the contract, in which event the City will assume no responsibility for any expense or loss to the vendor because of such cancellation or termination.

30. If the successful bidder fails to deliver within the time specified, or within reasonable time as interpreted by the City, or fails to make replacement of rejected articles, when so requested, immediately or as directed by the City, the City may purchase from other sources to take the place of the item rejected or not delivered. The City reserves to right to authorize immediate purchase from other sources against rejections on any contract when necessary. On all such purchases the successful bidder agrees to reimburse the City promptly for excess costs occasioned by such purchases. Should the cost be less, the successful bidder shall have no claim to the difference. Such purchases will be deducted from the contract quantity.

31. A contract may be canceled at the successful bidder’s expense upon non-performance or poor performance of contract on ten (10) calendar days written notice to the successful bidder.

32. Payments cannot be processed by City facilities until contract items have been delivered in satisfactory condition and a properly completed invoice has been submitted to ordering department.

33. Extension of prices - Political subdivisions and districts and others authorized by law including certain non-profit institutions may participate in contracts resulting from this bid. Upon request, non-city agencies must furnish contractor(s) with the proper tax exemption certificate.

34. It should be noted that the extension of this contract to certain political subdivisions and non -public elementary and secondary schools may cause estimated quantities to vary considerably. However, the contractor must furnish all quantities actually ordered.

35. The City of Glens Falls may require the successful bidder to confirm in writing, within ten days of the

City’s request, that said bidder will perform the contract in accordance with its bid.

36. Any errors in the bid award which are the fault of the City must be forwarded, in writing, to the City

Purchasing Department within five (5) working days of the notification of award. No corrections will be made beyond that date. If errors on the part of the City are discovered too late to be corrected, we will issue a “no award” on those affected items and rebid or quote at a later date.

37. If a successful vendor exhibits a history of back orders or delayed deliveries, the City of Glens Falls reserves the right to rescind their award and disqualify them from future bidding.

38. Any and all awards resulting from this bid shall be final and shall be for the complete term of the contract. No rescinding of awards will be made because of bidder error or inability to supply them.

39. Title shall not pass until items have been delivered to the City and accepted by the requesting

Department.

40. Executory Clause. It is understood by the parties that this agreement shall be executory only to the extent of the monies available to the City of Glens Falls and appropriated therefore, and that no liability on account thereof shall be incurred by the City beyond monies available and appropriated for the purpose thereof.

41. The City of Glens Falls reserves the right to cancel this contract on thirty (30) days written notice to the contractor(s).

DELIVERY

42. Delivery must be made in accordance with the instructions to bidders and specifications. If delivery instructions do not appear on order, it will be interpreted to mean prompt delivery. The decision of the

Purchasing Agent as to reasonable compliance with delivery terms shall be final.

43. The City must be notified twenty-four (24) hours in advance of delivery.

The City reserves the right to deny acceptance of delivery if this notice is not given, at no cost to the City.

44. The Purchasing Agent will not accept any deliveries on Saturdays, Sundays or legal holidays, except where special arrangements have been made or the delivery is for an emergency.

45. Items shall be securely and properly packed for shipment, storage and stocking in shipping containers and according to accepted commercial practice, without extra charge for packing cases, baling, or sacks.

46. The successful bidder shall be responsible for delivery of items in good condition at point of destination. He shall file with the carrier all claims for breakage, imperfections, and other losses, which will be deducted from invoices. The receiving Department will note for the benefit of successful bidder when packages are not received in good condition. Carton shall be labeled with purchase order or contract number, successful bidder’s name and general statement of contents. Failure to comply with this condition shall be considered sufficient reason for refusal to accept the goods.

47. Unless otherwise stated in the specifications, al items must be delivered into and placed at a point within the building as directed by the shipping instructions or the Purchasing Agent. The successful bidder will be required to furnish proof of delivery in every instance.

48. Unloading and placing of equipment and furniture is the responsibility of the successful bidder, and the City accepts no responsibility for unloading and placing of equipment. Any costs incurred due to the failure of the successful bidder to comply with this requirement will be charged to him. No help for unloading will be provided by the City, and suppliers should notify their truckers accordingly.

49. All deliveries shall be accompanied by delivery tickets or packing slips. Ticket shall contain the following information for each item delivered:

Contract number and/or Purchase Order number

Name of Article

Item Number (if applicable)

Quantity

Name of Successful Bidder

50. Successful bidder may be requested to acknowledge, in writing, receipt of order.

51. No items are to be shipped or delivered until receipt of an official purchase order from the City of

Glens Falls Purchasing Department.

INSTALLATION OF EQUIPMENT

52. The successful bidder shall clean up and remove all debris and rubbish resulting from his work on a daily basis as required or directed. Upon completion of the work the premises shall be left in a neat, unobstructed condition, and the buildings broom cleaned, and everything in perfect repair and order. Old materials are the property of the successful bidder unless otherwise specified.

53. Equipment, supplies, and materials shall be stored at the site only on the approval of the Purchasing

Agent and at the successful bidder’s risk. In general, such on-site storage should be avoided to prevent possible damage or loss of the material.

54. Work shall be performed so as to cause the least inconvenience to the City and with proper consideration for the rights of other successful bidders or workmen. The successful bidder shall coordinate with the entire operation and install his work promptly.

55. Bidders shall acquaint themselves with conditions to be found at the site and shall assume all responsibility for placing and installing the equipment in the locations required.

56. Equipment for trade-in shall be dismantled by the successful bidder and removed at his expense. The condition of the trade-in equipment at the time it is turned over to the successful bidder shall be the same as covered in the specifications, except as affected by normal wear and tear from use up to the time of trade-in. All equipment is represented simply “as is”. Equipment is available for inspection only at the delivery point unless otherwise specified.

GUARANTEES BY THE SUCCESSFUL BIDDER

57. The successful bidder guarantees:

A) His products against defective material or workmanship and to repair or replace any damages or marring occasioned in transit.

B) To furnish adequate protection from damage for all work and repair damages of any kind for which he or his workmen are responsible, to the building or equipment, to his own work, or to the work of other successful bidders.

C) To carry adequate insurance to protect the City from loss in case of accident, fire, theft, etc.

D) That all deliveries will be equal to the accepted bid sample.

E) That the equipment delivered is standard, new, latest model of regular stock product or as required by the specifications; also, that no attachment or part has been substituted or applied contrary to manufacturer’s recommendations and standard practice. Every unit delivered must be guaranteed against faulty material and workmanship for a period of at least two years from date of delivery. If during this period such faults develop, the successful bidder agrees to replace the unit, or the part affected without cost to the City. Any merchandise provided under the contract which is or becomes defective during the guarantee-period shall be replaced by the successful bidder free of charge with the specific understanding that all replacements shall carry the same guarantee as the original equipment. The successful bidder shall make any such replacement immediately upon receiving notice from the City.

F) The Contractor must insure that employees and applicants for employment are not discriminated against because of their race, creed, color, religion, sex or national origin.

G) Time Is of Essence. Time is of the essence with respect to all time limits set forth in the

Contract Documents.

Commencement of Work. Contractor shall commence the Work on the date specified in City’s Notice to

Proceed.

Contract Time. Contractor shall diligently prosecute the Work as outlined in the Bidding Documents.

Liquidated Damages.

Entitlement. City and Contractor acknowledge and agree that if Contractor fails to fully and satisfactorily complete the Work within the Contract Time, City will suffer, as a result of Contractor’s failure, substantial damages which are both extremely difficult and impracticable to ascertain. Such damages may include but are not limited to: (i) Loss of public confidence in City and its contractors and consultants. (ii)

Loss of public use of public facilities. (iii) Extended disruption to public.

Daily Amount. City and Contractor have reasonably endeavored, but failed, to ascertain the precise amount relationship to the actual damage that City will incur if Contractor fails to achieve Substantial

Completion of the entire Work within the Contract Time. Therefore, the parties agree that in addition to all other damages to which City may be entitled other than delay damages, in the event Contractor shall fail to achieve Substantial Completion of the entire Work within the Contract Time, Contractor shall pay

City as liquidated damages the amount of $500.00 per day for each Day occurring after the expiration of the Contract Time until Contractor achieves Substantial Completion of the entire Work. The liquidated damages amount is not a penalty but considered to be a reasonable estimate of the amount of damages

City will suffer.

Apportionment. Such liquidated damages shall be subject to apportionment for delays to Substantial

Completion for which Contractor is entitled to receive an extension of time under the Contract

Documents. Such apportionment shall not be affected by the fact that liquidated damages may not be capable of apportionment for other periods of time during which there have occurred delays concurrently caused by both City and Contractor. It being the Contractor’s obligation to have the entire Work

Substantially Completed within the Contract Time, it is agreed that such liquidated damages shall not be apportioned for portions of the Work completed prior to expiration of the Contract Time.

Exclusive Remedy. City and Contractor acknowledge and agree that these liquidated damages provision shall be City’s only remedy for delay damages caused by Contractor’s failure to achieve Substantial

Completion of the entire Work within the Contract Time.

SAVINGS CLAUSE

58. The successful bidder shall not be held responsible for any losses resulting if the fulfillment of the terms of the contract shall be delayed or prevented by wars, acts of public enemies, strikes, fires, floods, acts of God, or for any other acts not within the control of the successful bidder and which by the exercise of reasonable diligence he is unable to prevent.

GOVERNING LAWS AND RULES

59. Section 167-b of the State Finance Law prohibits the purchase of tropical hardwood products. Any bid which included products containing tropical hardwoods shall be deemed non-responsive. Exceptions shall be from an approved source or sole source where no approved equal is available. Section 167-b shall apply.

60. The contractor shall comply with all the provisions of the laws of the City of Glens Falls, the State of

New York and of the United States of America which affect municipalities and municipal contracts, and more particularly the Labor Law, the General Municipal Law, the Workmen’s Compensation Law, the

Lien Law, Personal Property Law, State Unemployment Insurance Law, Federal Social Security Law, State, Local and Municipal Health Law, Rules and Regulations, and any and all regulations promulgated by the State of New York and of amendments and additions thereto, insofar as the same shall be applicable to any contract awarded hereunder with the same force and effect as if set forth at length herein. The bidder’s special attention is called to those laws which are set forth below:

61. Non-Collusion -Section 103-d of the General Municipal Law of the State of New York which reads as follows:

“1. Every bid or proposal hereafter made to a political subdivision of the state or any public department, agency or official thereof where competitive bidding is required by statute, rule, regulation, or local law, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury; Non-collusive bidding certification.

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

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

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

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

(b) a bid shall not be considered for award nor shall any award be made where (a) (1) (2) an (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

The fact that a bidder

(a) Has published price lists, rates or tariffs covering items being procured,

(b) Has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or

(c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of subparagraph one (a).

(2) Any bid hereafter made to any political subdivision for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, regulation, or local law, and where such bid contains the certification referred to in subdivision one or this section, shall be deemed to have been authorized by the Board of Directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.”

62. All vendors must comply with provisions of the Toxic Waste Right to Know Law and provide the

City with any and all information as required by law. All regularly manufactured stock electrical items must bear the label of the Underwriters’ Laboratories, Inc.

63. Bids on equipment must be on standard new equipment of latest model and in current production, unless otherwise specified. All supplies, equipment, vehicles and materials must meet the provisions of the New York State Public Employee Safety and Health Act of 1980.

64. The form of non-collusion bidding certification following the form of proposal shall be executed by the bidder and submitted with the proposal.

65. Bidders must complete attached City of Glens Falls forms which may include Responsible Bidder

Form, Certification of Eligibility, and Certificate of Experience. These forms must be submitted with the proposal.

ADDENDA AND INTERPRETATIONS

66. No verbal interpretation of any of the specifications or other Contract Documents will be made before receipt of bids. Requests for interpretations prior to receipt of bids must be presented, in writing, to the

Purchasing Agent, 42 Ridge Street, Glens Falls, NY 12801, and to be given consideration must be received by the Purchasing Agent at least five (5) days prior to the date set for the opening of bids.

67. On occasion a Pre-Bid Conference may be held, however, any interpretation, and any additional information or instruction will, if issued, be in the form of a written Addendum or Addenda sent to all holders of Contract documents at the addresses furnished therefore, at least three (3) days prior to the date of the opening of bids.

68. Failure of any bidder to receive any Addenda shall not relieve such bidder from any obligation under this bid as submitted. All Addenda so issued shall become a part of the Contract Documents.

QUALIFICATIONS OF BIDDERS

69. The City reserves the right to make such investigation as it may deem necessary or advisable to determine any bidders ability to do the work, and the bidder shall furnish to the City, on request, all data and information pertinent thereto. The City reserves the right to reject any bid if such investigation fails to satisfy the City that the bidder is fully qualified to do the work. Financial instability of a bidder may be cause for non-award.

70. Conditional bids will be considered informal and may be rejected.

71. The City reserves the right to waive any formalities or irregularities in the Bids received, or to reject any or all Bids without explanation.

72. Proposals will be evaluated on the basis of the most advantageous price and other factors.

Nothing herein is intended to exclude any responsible vendor, his product or service or in anyway restrain or restrict competition. On the contrary, all responsible vendors are encouraged to bid, and their bids are solicited.

Insurance Requirements for

Contractors, Vendors and Suppliers of City of Glens falls

1. Minimum required insurance limits (coverage on an occurrence basis form)

Commercial General Liability

$2,000,000 Products/Completed Operations Aggregate

$2,000,000 General Aggregate

$1,000,000 Any One Occurrence

$1,000,000 Personal & Advertising Injury

$10,000 Medical Payments

Automobile Liability (Comprehensive Coverage)

$1,000,000 Combined Single Limit

Commercial Excess Liability (Umbrella)*

$3,000,000 Any One Occurrence

$3,000,000 Annual Aggregate

Employers Liability (Coverage "8'' on the Workers' Compensation Policy)

$100,000 Each Accident

$100,000 Each Employee for Injury by Disease

$500,000 Aggregate for Injury by Disease

* Excess-Umbrella Liability requirement will be made at the discretion of City of

Glens Falls Management.

CITY OF GLENS FALLS- STANDARD CONTRACT INSURANCE REQUIREMENTS

INSURANCE:

Contractor /vendor shall not commence work under this contract until he has obtained all insurance required under the following paragraphs and such insurance has been approved by the City of Glens

Falls.

WORKER'S COMPENSATION INSURANCE:

Contractor /vendor shall take out and maintain during the life of this contract, worker's compensation insurance and employer's liability insurance for all of his employees employed at the site of the project.

GENERAL LIABILITY INSURANCE:

Contractor/vendor shall take out and maintain during the life of the contract, such bodily injury liability and property damage liability insurance as shall protect him and the city from claims for damages for bodily injury including accidental death, as well as from claims for property damage which may arise from operations under this contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. It shall be the responsibility of the contractor /vendor to maintain such insurance in amounts sufficient to fully protect himself and the City, but in no instance shall amounts be less than those set forth below.

These amounts are specified only to establish the minimum coverage acceptable.

Bodily injury liability insurance in amount not less than $1,000,000 (one million dollars) for injuries, including wrongful death, to any one-person(s); $2,000,000 (two million dollars) aggregate.

Property damage liability insurance in an amount of not less than $500,000 (five hundred thousand dollars) for damages on account of any one occurrence.

Or combined single limit of liability in amounts of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) aggregate.

OTHER CONDITIONS GENERAL LIABILITY INSURANCE:

1. Coverage shall be written on comprehensive general liability form.

2. Coverage shall include:

a. Contractual liability.

b. Independent contractors\Products and completed operations.

3. “CITY OF GLENS FALLS, 42 RIDGE ST., GLENS FALLS, NY, 12801” shall be added to the

Comprehensive General Liability policy as “Additional Insured Primary and Non-Contributory

Basis”.

CITY OF GLENS FALLS- STANDARD CONTRACT INSURANCE REQUIREMENTS

AUTOMOBILE LIABILITY INSURANCE:

Automobile bodily injury liability and property damage liability insurance shall be provided by the contractor/vendor with a minimum combined single limit (CSL) of $1,000,000 (one million dollars.)

OTHER CONDITIONS OF AUTOMOBILE LIABILITY INSURANCE:

1. Coverage shall include:

a. All owned vehicles

b. Hired car and non-ownership liability coverage

c. Statutory no-fault coverage

2. If any of the contractor’s/vendor's policies of insurance are canceled or not renewed during the life of the contract, immediate notice of cancellation or non-renewal shall be delivered to the City no less than thirty (30) days prior to the date and time of cancellation or non-renewal.

CERTIFICATE OF INSURANCE:

The contractor /vendor shall file with the City of Glens Falls prior to commencing work…