NOTICE TO BIDDERS

POST OFFICE SQUARE

RFBK 23-27

CITY OF KINGSTON

ULSTER COUNTY, NEW YORK

Sealed bids for Contract No RFBK 23-27, POST OFFICE SQUARE, City of Kingston, Ulster County, New York, are sought and requested as set forth in specifications prepared by The Office of the City Engineer, City of Kingston, City Hall, 420 Broadway, Kingston, New York 12401. This project includes hardscape and softscape of two corner lots at the intersection of Broadway and Prince Street in Kingston NY. Separate sealed proposals completed on forms provided with the Contract documents shall be received by the City of Kingston, 420 Broadway, Kingston, NY 12401. Bids may be mailed or sent by overnight carrier to the address above or may be dropped in the City Hall box outside the east door until 10:00 AM o’clock on Wednesday, October 25, 2023 at which time they will be publicly opened and read aloud. Bids received after the designated date and time will be considered unresponsive and returned to the bidder unopened. The sealed bids shall include the completed Bid Form and Bid Bond. The bidder, by signing their proposal, certifies that they are fully aware of State Laws requiring non-collusive bidding. No separate forms will be required, but the actual signing of the proposal includes such a statement and is included in the proposal. The Bidder to whom the Contract is awarded will be required to furnish Performance, Payment and Guarantee Bonds from an acceptable Surety Company for an amount not less than 100% of the accepted bid. Contract will be awarded based upon the lowest qualified bid. Complete sets of the plans, specifications and bid forms may be obtained on or after October 2, 2023 from the Empire State Purchasing Group website, http://www.empirestatebidsystem.com Contract documents will ONLY be provided digitally. Hard copies and CD’s will NOT be distributed. There is no Pre-Bid Conference. 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. Such apprenticeship program must have a graduation rate of 30% over the last five years as determined by the New York State Department of Labor. In addition, each trade specific apprenticeship program must provide documentation verifying a minimum of three trade-specific graduates per calendar year for the last five years (pursuant to City of Kingston Resolution 204 of 2022).

The City of Kingston expressly reserves the right to waive any informality in or to accept any bid, or to reject any and all bids, or to award on any or all items, as the interest of the City of Kingston may appear to require. All bids are subject to final review and approval by the City of Kingston City Engineer before any award of contract may be made. Receipt of bids by the City shall not be construed as authority to bind the City. The City of Kingston is an exempt organization under the Tax Laws and is exempt from payment of Sales and Compensating Use Taxes of the State of New York and Cities and Counties of the State of all materials which are to be incorporated into the project, pursuant to the provisions of the Contract. These taxes are not to be included in the Bid. Each bid must be accompanied by security in an amount not less than five percent (5%) of the amount of the bid in the form and subject to the conditions provided in the Instructions to Bidders. No bidder may withdraw their bid within 60 (sixty) days after the actual date of the opening thereof.

SPECIAL BID LANGUAGE

Comply with all federal contract provisions including but not limited to Equal Employment Opportunities, Debarment and Suspension, Anti Lobbying, Small and Minority-owned and Women owned Businesses, Drug-Free Workplaces, Non-Discrimination, Federal Labor Standards. Comply with all HUD Section 3 provisions. HUD Section 3 Code of Federal Regulation at 24 CFR 135 applies to construction contracts exceeding the $200,000 threshold. All applicable regulations must be followed if bid total exceeds the threshold. Section 3 of the Housing and Urban Development Act of 1968 as amended, 12 U.S.C. 1701. Section 3 requires that to the greatest extent feasible, opportunities for training or employment be given to low and very low-income residents of the project area and contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low-income persons residing in the metropolitan area in which the project is located.

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. Such apprenticeship program must have a graduation rate of 30% over the last five years as determined by the New York State Department of Labor. In addition, each trade specific apprenticeship program must provide documentation verifying a minimum of three trade-specific graduates per calendar year for the last five years (pursuant to City of Kingston Resolution 204 of 2022).

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

MWBE search records must be done in accordance with City of Kingston ARPA funding guidelines.

All Work shall be completed by December 31, 2024, it shall be assumed the Notice to Proceed date will be on or before January 2, 2024.

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

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

Owner’s Contact

Emily Flynn, Director of Health and Wellness

Phone: (845) 334 -3909

Email: eflynn@kingston-ny.gov

No questions or inquiries regarding this bid will be accepted after 4:00 pm on October 18, 2023. Any addendum will be published on Bidnet.

By order of the City of Kingston Common Council.

Steven T. Noble, Mayor