Project Information

Bid Title

RFB-COP-04-26-01-Water Treatment Chemicals

Issuing Agency

Poughkeepsie city

Location

New York

Published Date

May 5, 2026

Closing Date

May 18, 2026

Government Level

State & Local

Status

Closed

Ref. #

RFB-COP-04-26-01

Original Source

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Bid Documents

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Project Description

Bid Number:	RFB-COP-04-26-01
Bid Title:	RFB-COP-04-26-01-Water Treatment Chemicals
Category:	Request for Bids (RFB)
Status:	Open

Description: Beginning immediately, sealed bids are sought and invited by the City of Poughkeepsie for Water Treatment Chemicals; RFB-COP-04-26-01, as set forth in the specifications prepared by City of Poughkeepsie Purchasing Department Publication Date/Time: 5/5/2026 4:00 PM Closing Date/Time: 5/18/2026 2:30 PM Submittal Information: 62 Civic Center Plaza Poughkeepsie, NY 12601-Purchasing Dept Contact Person: Dottie DiNobile ddinobile@pokwater.com Download Available: Yes Related Documents: RFB-COP-04-26-01 Agreement - JML Review 1 RFB-COP-04-26-01 Chemical Bid package - JML

Attachment Preview

AGREEMENT CONTRACT

(SAMPLE)

THIS AGREEMENT, MADE THIS __5_ DAY of May, 2026 by the CITY OF

POUGHKEEPSIE, NEW YORK, a municipal corporation created and organized under the laws

of the State of New York with offices at the Municipal Building, 62 Civic Center Plaza,

Poughkeepsie, New York 12601, (hereinafter referred to as the OWNER or the CITY), and

________________, a [limited liability company/corporation/business] offices located at

_________________________ (hereinafter referred to as the CONTRACTOR).

WHEREAS, the CITY intends to purchase O r t h o p h o s p h o r i c A c i d a t $ 0 . 8 2 p e r

p o u n d , $ 8 . 0 4 2 4 p e r g a l l o n for t h e City of Poughkeepsie’s Joint Water Treatment

Plant from the Contractor in connection with the annexed proposal documents which are

attached hereto and incorporated herein as Schedule “A”; and

WHEREAS, the City issued Solicitation No. RFB-COP-04-26-01 on April 27th, 2026 (the

“Solicitation”); and the funds for such work have been duly appropriated by the Common Council

of the City of Poughkeepsie and appear in the budget for the Fiscal Year 2026 at line item 90-19-

8330-7428

WHEREAS, the City evaluated the responses received and found the CONTRACTOR qualified

to provide the necessary products; and

WHEREAS, the CONTRACTOR has reviewed the products and services to be supplied pursuant

to this Agreement and is qualified, willing and able to provide all such products and services in

accordance with its terms;

WITNESSETH, that upon the consideration, the mutual covenants and agreements contained

herein, the parties hereto do mutually agree as follows:

ARTICLE 1

STATEMENT OF WORK

The Contractor agrees to diligently provide all products for the Purchase and shall comply strictly

with all terms and conditions of Solicitation No. RFB-COP-04-26-01 as modified by any addenda,

copies of which are on file with the City’s Purchasing Department and are deemed incorporated

into this Agreement.

ARTICLE 2

COSTS

The City shall pay the Contractor in accordance with the terms and conditions of

this Agreement for providing all products and services as set forth attached hereto and

incorporated herein.

A. Notwithstanding the preceding, the Contractor shall not make any deliveries or

perform any work under this Agreement until receipt of a purchase order from the

City. The Contractor acknowledges and agrees that no minimum order or amount of

product or work is guaranteed under this Agreement and the City may elect to

issue no purchase orders. If a purchase order is issued, the City reserves the right to

amend, reduce, or cancel the purchase order in its sole discretion.

B. All funds for payment by the City under this Agreement are subject to the

availability of an annual appropriation for this purpose by the City. In the event of

non-appropriation of funds by the City for the services provided under this

Agreement, the City will terminate the contract, without termination charge or

other liability, on the last day of the then current fiscal year or when the

appropriation made for the then-current year for the services covered by this

Agreement is spent, whichever event occurs first. If at any time funds are not

appropriated for the continuance of this Agreement, cancellation shall be accepted

by the Contractor on thirty (30) days' prior written notice, but failure to give such

notice shall be of no effect and the City shall not be obligated under this

Agreement beyond the date of termination.

ARTICLE 3

CONTRACT TERM

The term of this contract shall be for a one (1) year period on or before June 1, 2026 to May 31,

2027. No Price increase shall be allowed during this term. The City may terminate with or without

cause at any time prior to the contractual end date. The City reserves the right to add or remove

services as needed.

RENEWAL:

The proposed agreement may be renewed for two (2) one-year extensions at the sole

discretion of the City under the same terms and conditions as exist in the original

contract.

With each renewal, the Contractor may increase pricing consistent with the national CPI

indicators if the Contractor can demonstrate in writing that the increase costs are due to

economic reasons such as increased costs for labor, supplies, fuel cost, etc. In the event of

negative CPI, the original contract costs will remain in place. The Contractor must mail

notice of rate change to the City of Poughkeepsie, Purchasing Agent, 62 Civic Center

Plaza, Poughkeepsie, NY 12601, at least (60) days prior to contract renewal for

consideration by the Board of Contracts and Supply. No such increase shall be accepted

unless written approval is given.

Contract continuance and contract extensions will be contingent upon the appropriation

of funds by the City of Poughkeepsie

ARTICLE 4

BONDS

No bonds are required for this contract.

ARTICLE 5

DEFINITIONS

All terms shall be as defined in the Bid Documents, copies of which are on file with the City’s

Purchasing Department and which are deemed incorporated into this Agreement.

The terms “Contract” and “Agreement” may be used interchangeably to refer to this Agreement

Contract.

ARTICLE 6

OWNER AND CONTRACTOR’S REPRESENTATIVE

The delivery will be under the general direction of the Joint Water Plant Administrator, Dottie

DiNiboile, or her designated representative. The Administrator can be reached at 845-451-4173

ext. 2003, who shall, under the direction of the Owner, have complete charge of any deliveries and

shall exercise full supervision and direction of the delivery so far as it affects the interest of the

Owner.

ARTICLE 7

PERFORMANCE OF WORK

a. License and Permits. The Contractor shall obtain, maintain and pay for any and all permits

and licenses legally required. The Contractor shall give all notices, pay all fees, and arrange

for all inspections and approvals required by any governmental agencies. The Contractor shall

comply with all laws, rules and regulations applicable to the Work to be performed hereunder.

All of the above shall be done at no cost to the City. Questions relating to any applicable

permits, rules or regulations shall be referred to our appropriate representative. If the

Contractor performs any work which is contrary to any laws, ordinances, rule regulations

permit conditions, building codes, orders or directives, the Contractor shall assume full

responsibility therefore and shall bear all costs and expenses thereto. The Contractor shall

comply with the Federal Occupational Safety and Health Act and the American Disabilities

Act.

b. Responsibility of Contractor. The Contractor shall be responsible for all damages to persons

or property that occur as a result of its fault or negligence in connection with the performance

of the work, and shall be responsible for all materials delivered (including Owner furnished

material and equipment delivered to the Contractor unless otherwise specifically provided) and

work performed until completion and final acceptance. Upon completion of the Contract the

work shall be delivered complete and undamaged.

c. Safety Measures. The Contractor shall take all reasonable steps to prevent injury to persons

or property in performance of this Contract, and the Contractor shall take such other further

steps as may be required by the Recreation Superintendent to the end of promoting safety and

avoiding accidents.

ARTICLE 8

QUALIFICATIONS OF CONTRACTOR

The Contractor specifically represents and covenants that the Contractor and its officers,

employees, agents, servants, consultants, and sub-contractors have and shall possess the licenses,

experience, knowledge and character necessary to qualify the Contractor and its officers,

employees, agents, servants, consultants, and sub-contractors, individually, for the particular

duties to be performed hereunder.

ARTICLE 9

PAYMENT AND RELEASE

The Contractor shall be entitled to payments hereunder in consideration for delivery of such

products deemed satisfactory to the Joint Water Plant Administrator.

ARTICLE 10

ASSIGNMENT OR DELEGATION

The Contractor shall not assign any rights or interest under this Contract or in any other manner

dispose of its interest herein, nor shall the Contractor delegate its duties and responsibilities under

this Contract without the prior written approval of the Owner.

ARTICLE 11

IDEMNIFICATION

To the maximum extent permitted by law and except to the extent caused by the sole

negligence of City of Poughkeepsie, the Contractor shall indemnify and hold harmless the City,

its officers, agents and employees, from and against any and all suits, claims, actions, losses,

costs, penalties and damages of whatsoever kind or nature arising out of, in connection with, or

incident to the facilities and/or services provided by or on behalf of the Contractor, including

the content or nature of advertising. In addition, the Contractor shall assume the defense of the

City and its officers and employees in all legal or claim proceedings arising out of, in

connection with, or incident to such facilities and/or services, shall pay all defense expenses,

including reasonable attorneys' fees, expert fees and costs incurred by the City on account of

such litigation or claims, and shall satisfy any judgment rendered in connection therewith or

pay or reimburse the City payment of any sums reasonable to settle such litigation or claims.

ARTICLE 12

INSURANCE

The Contractor shall purchase and maintain in full force and effect insurance

policies with the limits of insurance provided in the contract documents or the

following insurance coverage’s, whichever is greater. The insurance should be

from an insurer that has an A.M. Best Rating of “A-” or better.

1. Commercial General Liability with limits not less than $1,000,000 per

occurrence, $2,000,000 general aggregate, $1,000,000 and $2,000,000

products-completed operations aggregate. Such insurance shall cover

liability arising from premises, operations, independent contractors,

product-completed operations for one year following project completion,

personal and advertising injury and liability assumed under an insured

contract. There shall be no endorsement or modification of the

Commercial GL form arising from pollution, explosion, collapse,

underground property damage or work performed by subcontractors.

2. If required by the Owner, professional liability with a limit of $2,000,000

per claim/occurrence and $2,000,000 annual policy aggregate.

3. If required by the Owner, contractors pollution cleanup/remediation and

pollution liability with a limit of $2,000,000 per claim and $2,000,000

annual policy aggregate

4. Business Automobile Liability with a limit of not less than $1,000,000

each accident, including owned, non-owned, leased and hired vehicles.

5. Statutory Workers Compensation and employers liability coverage for all

employees, including corporate officers and sole proprietors.

6. Umbrella/Excess Liability with a limit of not less than $5,000,000 per

occurrence/aggregate

City of Poughkeepsie is to be included as an additional insured on a

primary, non-contributory basis (using CG 2010 07/04 and CG 2037

10/01 or its equivalent) for item 1. Items 1 and 6 will have no exclusions

for New York State “labor law” claims and/or claims for injuries to

subcontractor employees.

All policies required by this paragraph shall include a waiver of subrogation in

favor of City of Poughkeepsie.

Except where prohibited by law, all policies and certificates of insurance shall

expressly provide that City of Poughkeepsie Joint Water Treatment Plant must

receive 30 days written notice in the event of material alteration, cancellation or

nonrenewal of coverage, including subcontractors’ insurance.

On receipt of such notice, the City shall have the option to cancel this Agreement

without further expense or liability to the City, or to require the Contractor to

replace the canceled insurance policy, or to rectify any material change in the

policy, so that the insurance coverage required by this paragraph is maintained

continuously throughout the term of this Agreement in form ad substance

acceptable to the City. Failure of the Contractor to take out or to maintain, or the

taking out or the maintenance of any required insurance, shall not relieve the

Contractor from any liability under this Agreement nor shall the insurance

requirements be construed to conflict with or to limit the obligations of the

Contractor concerning indemnification.

a) All certificates of insurance shall contain a clause naming the Owner as loss payee on the

policies and providing that any notices of cancellation of insurance be given to the Owner’s

no less than ten (10) days’ notice.

b) Renewal certificates covering the renewal of all policies expiring during the life of this

Contract shall be filed with the Owner not less than thirty (30) days before the expiration

of such policies.

c) Certificates should be sent to the attention of the Purchasing Agent, 62 Civic Center Plaza

Poughkeepsie, NY 12601 or by email: ckessler@cityofpoughkeepsie.gov

All insurance companies issuing policies relating to this Contract must be licensed to do

business in New York State and be approved by the Owner’s Law Department.

All losses of City property shall be adjusted with and made payable directly to the City.

In the event that claims in excess of these amounts are filed in connection with this

Agreement, the excess amount or any portion thereof may be withheld from payment due

or to become due the Contractor until the Contractor furnishes such additional security as

is determined necessary by the City.

ARTICLE 13

DEFENSE OF ACTIONS

The Owner, its officers or employees or agents shall not in any manner be answerable or

responsible for any injuries or damages or compensation required to be paid under any present or

future law, to any person or persons whatever, whether employees of the Contractor or otherwise,

or for damages to any property, whether belonging to the Owner or to others occurring during or

Commodity Codes

• NAICS 221310Water Supply and Irrigation Systems
• NAICS 325998All Other Miscellaneous Chemical Product and Preparation Manufacturing
• NAICS 424690Other Chemical and Allied Products Merchant Wholesalers

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