12697448-WFP-FS Roof Contract Documents and Specifications.pdf

Contract Documents

Water Filtration Plant & Fire Station 2026 Roof Replacement Project

City of Batavia, Genesee County, New York Project No. 12697448 September 2026

GHD | Water Filtration Plant & Fire Station Roof Replacement 2026 Project | 12697448

CITY OF BATAVIA

GENESEE COUNTY, NEW YORK

WATER FILTRATION PLANT & FIRE STATION 2026 ROOF REPLACEMENT PROJECT

NOTICE TO BIDDERS

INFORMATION FOR BIDDERS

PROPOSAL FORM

CONTRACT AND AGREEMENT

GENERAL CONDITIONS OF CONTRACT

SPECIAL CONDITIONS OF CONTRACT

TECHNICAL SPECIFICATIONS

September 2026

WARNING

Altering any item in this document is in violation of the law, excepting as provided in Section 7209, Part 2 of the New York State Education Law.

Prepared by:

GHD Consulting Services Inc.

285 Delaware Avenue, Suite 500

Buffalo, New York 14202

Roof Replacement 2026 Project | 12697448 TOC - 1 TABLE OF CONTENTS

CITY OF BATAVIA

GENESEE COUNTY, NEW YORK

WATER FILTRATION PLANT & FIRE STATION 2026 ROOF REPLACEMENT PROJECT

Table of Contents Notice to Bidders .......................................................................................................................... NTB-1

Information for Bidders ................................................................................................................ IFB-1

1. Bids Received..................................................................................................................... IFB-1

2. Work Included..................................................................................................................... IFB-1

3. Bids ..................................................................................................................................... IFB-1

4. Late and Irregular Bids ....................................................................................................... IFB-1

5. Competency of Bidders ...................................................................................................... IFB-2

6. Bid Guarantee .................................................................................................................... IFB-2

7. Performance and Payment Bonds ..................................................................................... IFB-2

8. Execution of Contract ......................................................................................................... IFB-2

9. Contractor's Insurance ....................................................................................................... IFB-3

10. Responsibility of Contractor ............................................................................................... IFB-3

11. Familiarity with the Work .................................................................................................... IFB-3

12. Interpretations and Addenda .............................................................................................. IFB-4

13. Right to Reject .................................................................................................................... IFB-4

14. Award of Contract ............................................................................................................... IFB-4

15. Withdrawal of Bids Prior to Bid Opening ............................................................................ IFB-4

16. Withdrawal of Bids After Bid Opening ................................................................................ IFB-4

17. Increase or Decrease in Quantities - Elimination of Items ................................................. IFB-5

18. Time of Completion ............................................................................................................ IFB-5

19. Division of Work.................................................................................................................. IFB-5

20. Material Performance ......................................................................................................... IFB-5

21. Subsurface and Other Data Available for Bidders ............................................................. IFB-5

22. Non-Collusive Bidding Certification .................................................................................... IFB-6

23. Contractor's Liability Insurance and Indemnity .................................................................. IFB-7

24. Exemption From Sales and/or Use Taxes ....................................................................... IFB-10

Bidding Checklist ........................................................................................................................... BC-1

Proposal Form - Water Filtration Plant & Fire Station 2026 Roof Replacement Project ......... PF-1 Certified Copy of Resolution of Board of Directors ........................................................................ PFC-1 Non-Collusive Bidding Certificate ................................................................................................... PFC-2 Form of Bid Bond ............................................................................................................................ PFC-3 Bid Security .................................................................................................................................... PFC-4 Certification of Compliance with the Iran Divestment Act………………………………………... ..... PFC-5

Bidder's Acknowledgement .......................................................................................................... BA-1

Roof Replacement 2026 Project | 12697448 TOC - 2 TABLE OF CONTENTS

Contract and Agreement ............................................................................................................... CA-1

Acknowledgment if Contractor is an Individual ................................................................................ CA-6 Acknowledgment if Contractor is a Partnership ............................................................................... CA-6 Acknowledgment for Principal (Corporation) .................................................................................... CA-6 Agreement (Certificate of Owner's Attorney) .................................................................................... CA-7

Performance Bond ....................................................................................................................... PFB-1

Acknowledgment for Principal (Individual) ..................................................................................... PFB-3 Acknowledgment for Principal (Partnership) .................................................................................. PFB-3 Acknowledgment for Principal (Corporation) .................................................................................. PFB-3 Acknowledgment for Surety ........................................................................................................... PFB-4

Payment Bond ............................................................................................................................. PMB-1

Acknowledgment for Principal (Individual) .................................................................................... PMB-3 Acknowledgment for Principal (Partnership) ................................................................................. PMB-3 Acknowledgment for Principal (Corporation) ................................................................................. PMB-3 Acknowledgment for Surety .......................................................................................................... PMB-4

Maintenance Bond......................................................................................................................... MB-1

Acknowledgment for Principal (Individual) ....................................................................................... MB-2 Acknowledgment for Principal (Partnership) .................................................................................... MB-2 Acknowledgment for Principal (Corporation) .................................................................................... MB-2 Acknowledgment for Surety ............................................................................................................. MB-3

General Conditions of Contract .................................................................................................... GC-1

1. Contract Documents ............................................................................................................ GC-1

2. Specifications and Contract Drawings Supplementary ....................................................... GC-1

3. Definitions and Terminology ................................................................................................ GC-1

4. Engineer's Status ................................................................................................................ GC-3

5. Inspection ............................................................................................................................ GC-3

6. Obligation of Contractor ...................................................................................................... GC-4

7. Patent Rights ....................................................................................................................... GC-4

8. Defense of Suits .................................................................................................................. GC-5

9. Permits, Laws and Ordinances ........................................................................................... GC-5

10. Assignment of Contract ....................................................................................................... GC-5

11. Subletting ............................................................................................................................. GC-6

12. Completion of Work by Owner ............................................................................................ GC-6

13. Claims for Labor and Materials ........................................................................................... GC-7

14. Modifications and Extra Work .............................................................................................. GC-7

15. Payment for Extra Work ...................................................................................................... GC-7

16. Claims for Unauthorized Extra Work ................................................................................... GC-7

17. Guarantee of Work, Maintenance and Repair ..................................................................... GC-8

18. Repairs for Guarantee Period ............................................................................................. GC-8

19. Rate of Progress and Sequence of Work ............................................................................ GC-8

20. Extension of Time ................................................................................................................ GC-8

21. Liability of Contractor for Employees .................................................................................. GC-9

22. No Waiver of Rights ............................................................................................................ GC-9

23. Verbal Statements Not Binding ........................................................................................... GC-9

24. Release of Liability .............................................................................................................. GC-9

25. Breakdown Cost of Lump Sum Items ................................................................................ GC-10

26. Construction Schedule ...................................................................................................... GC-10

27. Payment of Subcontractors ............................................................................................... GC-10

Roof Replacement 2026 Project | 12697448 TOC - 3 TABLE OF CONTENTS

Special Conditions of Contract ..................................................................................................... SC-1

1. Temporary Facilities and Services ...................................................................................... SC-1

2. Cleaning of Site ................................................................................................................... SC-2

3. Correction of Errors and Omissions .................................................................................... SC-3

4. Alterations ............................................................................................................................ SC-3

5. Care and Protection of Work ............................................................................................... SC-3

6. Contract Drawings, Shop Drawings, and Record Documents ............................................ SC-3

7. Lines and Grades ................................................................................................................ SC-8

8. Survey Monuments ............................................................................................................. SC-8

9. Cooperation with Public Utilities .......................................................................................... SC-8

10. Subsurface Structures ......................................................................................................... SC-9

11. Night and Sunday Work .................................................................................................... SC-10

12. Stopping Work ................................................................................................................... SC-10

13. Materials and Manufactured Articles ................................................................................. SC-10

14. Transportation, Handling, and Storage of Materials and Equipment ................................ SC-11

15. Information about Quantities of Materials ......................................................................... SC-12

16. Testing Materials ............................................................................................................... SC-12

17. Certificates of Manufacturer .............................................................................................. SC-14

18. Security .............................................................................................................................. SC-14

19. Coordination of the Work ................................................................................................... SC-14

20. Cooperation with Other Contractors .................................................................................. SC-16

21. Personal Attention and Competent Workmen ................................................................... SC-16

22. Examination of Work ......................................................................................................... SC-16

23. Operations of Additions Prior to Completion ..................................................................... SC-17

24. Connections to Existing Facilities ...................................................................................... SC-17

25. Property and Structure Damage ........................................................................................ SC-17

26. Environmental Controls ..................................................................................................... SC-18

27. Protection of Property ........................................................................................................ SC-18

28. Restoration of Property ..................................................................................................... SC-20

29. Schedule of New York State Minimum Wage Rates ......................................................... SC-20

30. Non-Discrimination in Employment ................................................................................... SC-20

31. Maintenance and Protection of Traffic .............................................................................. SC-22

New York State Department of Labor Wage Rates

Technical Specifications

Division 1 Section 01010 Summary of Work Section 01025 Measurement and Payment Section 01043 Coordination with Owner’s Operations Section 01310 Construction Schedules Section 01370 Schedule of Values Section 01630 Substitutions

Division 2 Section 02050 Demolition Section 02137 Lead Paint Removal

Division 7 Section 07505 EPDM Membrane Roofing Section 07522 Bituminous Membrane Roofing – Cold Applied

Roof Replacement 2026 Project | 12697448 TOC - 4 TABLE OF CONTENTS

Division 13 Section 13280 Asbestos Removal

Appendices

Appendix A1 Pre-Renovation Asbestos-Containing Materials, Lead-Based Paint, and Exterior PCB Containing Materials Inspection Report City of Batavia Water Treatment Plant Roof Improvements

Appendix A2 Pre-Renovation Asbestos-Containing Materials, Lead-Based Paint, and Exterior PCB Containing Materials Inspection Report City of Batavia Fire Hall Roof

Contract Drawings – Bound within Document

Drawing No. Description Figure 1 Water Filtration Plant Site Plan Figure 2 Fire Station Site Plan

Roof Replacement 2026 Project | 12697448 NTB- 1 NOTICE TO BIDDERS

CITY OF BATAVIA

GENESEE COUNTY, NEW YORK

WATER FILTRATION PLANT & FIRE STATION 2026 ROOF REPLACEMENT PROJECT

Notice to Bidders

All work will be in accordance with the Contract Drawings and Specifications and as directed by ENGINEER. Separate sealed Bids will be received by the City of Batavia until 10:00 a.m. local time on September 24, 2026, at the office of the City Clerk, City of Batavia City Hall, One Batavia City Centre, Batavia, New York 14020, and then at that time and place be publicly opened and read aloud.

All Bids shall be made on the forms furnished and shall be enclosed in a sealed envelope marked "WATER FILTRATION PLANT & FIRE STATION 2026 ROOF REPLACEMENT PROJECT” and directed to the City of Batavia.

The project consists of the removal and replacement of the garage roof of the Water Filtration Plant and the roof of the Fire Station, as described in the Contract Documents.

BIDDERS MAY COORDINATE A SITE VISIT DATE WITH BAILEY GROTH, SUPERINTENDENT OF

WATER AND WASTEWATER; PHONE 585-345-6317; EMAIL: BGroth@BataviaNewYork.com.

The Contract Documents may be examined at the following locations:

Avalon Plan Room F.W. Dodge Online Services www.avalonbuff-planroom.com/jobs/public www.construction.com

Construction Exchange of Buffalo and WNY 2660 William Street Cheektowaga, New York 14227

Contract Documents may be viewed and ordered through the Avalon Plan Room at, www.avalonbuff-planroom.com in the “Public Bid” section. If you do not have internet access or have questions on ordering from the site, please contact Avalon Document Services at (716) 995-7777. Bids must be submitted on the proposal form(s) furnished in the Contract Documents and must not be detached from the book. Only official planholders are eligible to bid on the project. Subcontractors, suppliers, equipment vendors, etc., will also be required to submit the non-refundable payment in order to receive the Contract Documents.

Bids must be submitted on the proposal form(s) furnished in the Contract Documents and must not be detached from the booklet. Failure to submit a bid on the proposal form(s) furnished in the Contract Documents, or submittal of form(s) detached from the Contract Documents, will result in automatic disqualification of bid. Addendum pages, if issued, shall be stapled to the original pages of the Contract Documents, and submitted as part of the Bid.

Bids must be submitted on the form(s) furnished in the Proposal Booklet. The entire Proposal Booklet shall be submitted with the bid along with any other required forms outlined in the Contract Documents.

Failure to submit a bid on the proposal form(s) furnished in the Proposal Booklet, will result in automatic disqualification of bid. Addendum pages, if issued, along with any other required forms outlined in the Contract Documents, shall be stapled to the original pages of the Proposal Booklet and submitted as part of the Bid.

mailto:BGroth@BataviaNewYork.com http://www.construction.com/ http://www.avalonbuff-planroom.com/

Roof Replacement 2026 Project | 12697448 NTB- 2 NOTICE TO BIDDERS

A bid security in the amount of 5% of the total bid made payable to the “City of Batavia” will be required and is subject to the conditions provided in the Instructions to Bidders. Failure to submit a bid bond or certified check with bid will result in automatic disqualification of bid. If, upon acceptance of his bid, a bidder fails to enter into a Contract with the City of Batavia, the bid security shall be forfeited to and become the property of the City.

No bidder may withdraw his Bid within forty-five (45) calendar days after the actual date of the opening thereof. The successful bidder will be required to furnish a performance bond and payment bond, each in an amount equal to 100 percent (100%) of the total Contract award amount.

The City of Batavia is exempt from the payment of sales and compensating use taxes of the State of New York and of cities and counties on all materials, equipment, and supplies sold to the City of Batavia pursuant to this Contract. Also exempt from such taxes are purchases by the CONTRACTOR and his Subcontractors of materials, equipment, and supplies to be sold to the City of Batavia pursuant to this Contract, including tangible personal property to be incorporated in any structure, building, or other real property forming part of the Project. These taxes are not to be included in the Bid.

Each bidder's attention is called to the General Municipal Law, which requires a Bidder's Certificate of Non-Collusion. Copies of such certifications are part of the Proposal Form, and unless completed with the Bid, will not be accepted.

The City of Batavia reserves the right to waive any informalities in the Bid and to reject any or all Bids.

Date: September 3, 2026

CITY OF BATAVIA

ENGINEER:

GHD Consulting Services, Inc.

Roof Replacement 2026 Project | 12697448 IFB - 1 INFORMATION FOR BIDDERS

Information for Bidders

1. Bids Received

The City of Batavia (hereinafter called OWNER) will receive sealed Bids for the Work included in these documents at the time and place and under the conditions stated in the Notice to Bidders.

2. Work Included

A. The purpose of this Project is to replace the roofs of the City of Batavia Water Filtration Plant garage and the City of Batavia Fire Station.

B. A description of the Work included under this Contract is included in Section 01010, Summary of Work, of this Contract.

3. Bids

Bids must be made upon the forms contained herein in the Proposal Booklet and as follows:

The Bids must be submitted on the form(s) furnished in the Proposal Booklet. The entire Proposal Booklet shall be submitted along with any other required forms outlined in the Contract Documents. The blank spaces in the Proposal Form must be filled in correctly where indicated, for each and every item, and the Bidder must state, both in words and in numerals, written or printed in ink, the price(s) for which he proposes to do each item of the Work contemplated. In case of discrepancy between the words and the numerals, the words shall govern. Ditto marks are not considered writing or printing and shall not be used.

The Bidder shall sign his Bid correctly. If the Bid is made by an individual, his name and post office address must be shown. If made by a firm, partnership, or corporation, the Bid must be signed and sealed by an official of the firm, partnership, or corporation. The following original signatures are required to be affixed to the Bid Documents:

Item Signature Received* Bidder’s Checklist CONTRACTOR Proposal Form CONTRACTOR Certified Copy of Resolution of Board of Directors CONTRACTOR Non-Collusion Bidding Certificate CONTRACTOR Bid Bond CONTRACTOR and Surety Bidders Acknowledgement CONTRACTOR

* Seal and authorized signature required, if Bid is by a corporation.

4. Late and Irregular Bids

Bids may be rejected if they show any omissions, alterations of form, additions not called for, conditional or alternate bids other than those provided for in the Proposal Form, bids containing escalation clauses, or irregularities of any kind. Bids received by mail or otherwise after the time specified for the bid opening will not be accepted and will be returned to the Bidder unopened.

Roof Replacement 2026 Project | 12697448 IFB - 2 INFORMATION FOR BIDDERS

5. Competency of Bidders

Each Bidder shall be experienced in the kind of work to be performed and shall have the necessary equipment therefore and sufficient capital to properly execute the Work within the time allowed and to prosecute and complete the Work at the rate of time specified. Bids received from Bidders who have previously failed to complete contracts within the time required, or who have previously performed similar work in an unsatisfactory manner may be rejected. A Bid may be rejected if the Bidder cannot show that he has the necessary plan to commence the Work at the time prescribed and thereafter to prosecute and complete the Work at the rate or within the time specified. It also may be rejected if he is already obligated for the performance of other work that would delay the commencement, prosecution or completion of the Work.

6. Bid Guarantee

Each Bid must be accompanied by a certified check or bid bond in the sum of five percent (5%) of the total amount of the bid. The bid bond or certified check shall be satisfactory to and payable to the order of OWNER. The bid bond must contain original signatures in ink. Penciled, stamped, facsimiled, photocopied, or any other copies of the signature will be grounds for voiding the Bid.

Such check or bonds will be returned to all except the three lowest Bidders within three (3) business days after the formal opening of the Bids. The checks or bonds will be returned to the three lowest Bidders within five (5) business days after the execution of the Contract and the furnishing of the required security by the Successful Bidder.

7. Performance and Payment Bonds

The Successful Bidder, prior to the time of the prosecution of the Contract, must deliver to OWNER a surety company bond (or bonds) guaranteeing the satisfactory completion of the Work and the payment of all debts pertaining to materials and labor used or employed in the prosecution of the Contract, each in an amount equal to the total amount of the Contract award.

The form of the bond (or bonds) shall be in the form(s) attached hereto (refer to Contract and Agreement), and the surety shall be acceptable to OWNER.

Prior to final payment, CONTRACTOR shall furnish a certificate from his surety stating that the performance bond guarantees the Work done under this Contract to be free from defective workmanship for a period defined in the Contract and Agreement - Partial and Final Estimates, and further guarantees that the materials and equipment furnished under this Contract are free from defects for a period defined in the Contract and Agreement - Partial and Final Estimates, from the date of final acceptance of OWNER.

In lieu of a one (1) year extension of his performance bond, as specified in the Contract and Agreement - Partial and Final Estimates, CONTRACTOR may submit a separate maintenance bond in the amount equal to the Contract amount from a surety and on a form acceptable to

OWNER.

The performance, payment, and maintenance bonds must contain original signatures in ink.

Penciled, stamped, facsimiled, photocopied, or any other copies of the signatures will not be accepted.

8. Execution of Contract

When OWNER issues an Award of Contract to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. The Successful Bidder will be required to execute the Contract within ten (10) business days from the date of Award of Contract and deliver the Contract and Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to OWNER. Bonds and insurance are to be dated with the Effective Date of

Roof Replacement 2026 Project | 12697448 IFB - 3 INFORMATION FOR BIDDERS the Contract, as it appears in the Contract and Agreement. In case of the Bidder's failure or neglect so to execute the Contract within ten (10) business days from the date of Award of Contract, OWNER may, at its option, determine that the Bidder has abandoned the Contract, and thereupon the Bid and acceptance shall be null and void, and the security accompanying the Bid shall be forfeited to OWNER.

9. Contractor's Insurance

CONTRACTOR shall, commencing on the Effective Date of the Contract, secure and maintain in force during the full term of this Contract and such times thereafter that CONTRACTOR enters upon the property to maintain or repair during a period of time defined in the maintenance bond after final acceptance of the Work under this Contract, insurance from an insurance company authorized to write the required insurances in the State of New York as will protect himself, his Subcontractors, OWNER, and ENGINEER from claims for bodily injury, death or property damage which may arise from operations under this Contract. CONTRACTOR shall not commence or proceed to work under this Contract until he has obtained all insurance required under this Article 9 and until he shall have filed the certificate of insurance or the certified copy of the insurance policy with OWNER. Each insurance policy shall contain a clause providing that in the event of cancellation, change or non-renewal of the policies, the insurance company will give thirty (30) days' advance written notice to OWNER. The certificate of insurance shall be completed and executed prior to the signing of the Contract. The certificate of insurance shall have the name, address and telephone numbers of both the insurance company and the insurance company agent.

CONTRACTOR shall also secure and maintain in force during the time required by the insured, the various insurances that might be required by any other governing and regulatory agency.

CONTRACTOR's insurance company, if not a New York State Corporation, must have on file with the Secretary of State of New York a certificate of authority to conduct business in New York State. This certificate, inter alia, names the Secretary of State as agent to accept service of a summons on behalf of the insurance company.

10. Responsibility of Contractor

Attention is here particularly directed to the provisions of the Contract whereby CONTRACTOR shall be responsible for any loss or damage that may happen to the Work or any part thereof during its progress; and also, whereby CONTRACTOR shall make good any defects or faults that may occur within the extended bonded performance period or bonded maintenance period after its completion and final acceptance by OWNER. He shall indemnify and save harmless OWNER from any damages or costs to which it may be put by reason of injury to the person or property of another resulting from negligence or carelessness in the performance of the Work under this Contract as set forth in the Information for Bidders.

11. Familiarity with the Work

Bidders shall carefully examine all Contract Documents and all available information with respect to subsurface conditions, if available; shall visit the site to make a thorough investigation of conditions that may in any manner affect the performance of the Work; shall familiarize themselves with federal, state, and local laws, ordinances, rules and regulations affecting performance of the Work; and shall carefully coordinate their observations with the requirements of the Contract Documents. The Bidders' obligations hereunder shall include, but not be limited to, making such additional surveys and investigations, including subsurface investigations, as they may deem necessary to determine their Bid price(s) for performance of the Work.

Permission to make such surveys and subsurface investigations on OWNER's property will be granted by OWNER on written request of the Bidder. Bidders must make their own arrangements for surveys and subsurface investigations not on OWNER's property.

Roof Replacement 2026 Project | 12697448 IFB - 4 INFORMATION FOR BIDDERS

The Successful Bidder, by signing the Contract, agrees that he will make no claim for additional payment, or for an extension of time for completion of the Work, or for any other concession, because of any misinterpretation or misunderstanding, on his part, of the Contract Documents, or because of any failure, on his part, to fully acquaint himself with all conditions relating to the Work, or for any other reason.

The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this section of the Information for Bidders.

12. Interpretations and Addenda

If any person contemplating submitting bids for the Work is in doubt as to the true meaning of any part of these proposed Contract Documents, he may submit to the ENGINEER a written request for an interpretation thereof.

No interpretation of the meaning of the Contract Drawings, Specifications, or other Contract Documents will be made to any Bidder orally. Every request for such interpretation shall be made in writing, via email to matthew.skuse@ghd.com and to be given consideration, must be received at least ten (10) days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the Contract Documents, which, if issued, will be done so through the Avalon Plan Room, which will email said addenda to all prospective Bidders (at the respective email address furnished by Bidders when obtaining the proposed Contract Documents, as outlined in the Notice to Bidders) not later than three (3) days prior to the date fixed for the opening of bids. Failure of any Bidder to receive such addendum or interpretation shall not relieve any Bidder from any obligation under his bid submitted. All addenda must be submitted with and as part of the Bid and be properly signed by the Bidder as part of the Bid Documents. OWNER will not be responsible for any other explanations or interpretations of such documents, which anyone presumes to make on behalf of OWNER before expiration of the time set for the receipt of Bids.

13. Right to Reject

OWNER reserves the right to reject any and all Bids or alternates deemed to be not in the best interest of OWNER.

14. Award of Contract

Determination of the low Bidder and the Award of Contract for this project will be made based upon the lowest responsible, responsive bid for the Base Bid plus any alternates or combination thereof for this Project and deemed to be in the best interest of OWNER.

15. Withdrawal of Bids Prior to Bid Opening

If a Bidder wishes to withdraw his Bid, he may do so before the time fixed for the opening of Bids, by communicating his purpose in writing to OWNER. Upon such notice, the Bid will be returned to the Bidder unopened.

16. Withdrawal of Bids after Bid Opening

If OWNER fails to award a Contract for the Work within forty-five (45) days from the actual date of opening of Bids, the Bidder may nullify or withdraw his bid by communicating his purpose in writing to OWNER. After expiration of the forty-five (45) day period, and in the absence of written notice of withdrawal thereafter, the Bid shall be deemed to be in full force and effect. A written notice of acceptance from OWNER shall be considered an Award of Contract.

Roof Replacement 2026 Project | 12697448 IFB - 5 INFORMATION FOR BIDDERS

17. Increase or Decrease in Quantities - Elimination of Items

The estimated quantities of the Work as indicated are approximate. During the progress of the Work, OWNER shall have the right to add or to omit portions of the Work.

CONTRACTOR shall at no time make claim for anticipated profit or loss of profit because of any difference between the quantities of the various class of work actually done and the estimated quantities. Individual items may be increased, decreased, or eliminated entirely.

18. Time of Completion

CONTRACTOR's attention is directed to the time of completion and damages for failure to complete the Work on time, stipulated under Articles II and III of the Contract and Agreement.

It is of the utmost importance that the Work be installed and ready for regular operation by the end of the time period stated in Article II of the Contract and Agreement.

19. Division of Work

For bidding purposes, the Work has been subdivided into the items listed in the Proposal Form for this Contract.

20. Material Performance

CONTRACTOR will be held responsible for strict conformance to the Specifications for the quality, performance and test results of each item of material covered by the Contract. He shall obtain adequate guarantees addressed to OWNER from the various manufacturers that the material furnished shall meet the specifications in every respect.

21. Subsurface and Other Data Available for Bidders

Neither the OWNER nor ENGINEER has made any investigation of subsurface conditions in the area covered by the work to be performed under this Contract other than any reports of data specifically referred to herein, if any, and in bidding on the Contract, each bidder acknowledges that he has made whatever investigation of subsurface conditions he has determined necessary for the purposes of bidding. Permission for making borings, test pits, or other investigation of subsurface conditions must be arranged for by the Bidder.

The signing of the Proposal form and submission of a Bid by the Bidder shall constitute a release of OWNER and ENGINEER, their officers and their agents or employees, from all claims whatsoever with respect thereto.

In bidding on this Contract each Bidder represents to the OWNER that he has made whatever investigation of subsurface conditions he has deemed necessary for the purposes of bidding and that he shall make no claim against the OWNER and its officers, agents or employees, and ENGINEER and its officers, agents, or employees because of incomplete or faulty data and/or the Bidder’s lack of knowledge as to the extent or nature of the subsurface conditions.

The Bidder shall be required to be fully informed concerning the location of facilities and structures on, under, or over the Project Site, which may interfere with his operations, and it shall be assumed that the Bidder has prepared the bid and entered into the Contract in full understanding of the conditions to be encountered, and responsibility of the Bidder in conjunction therewith.

Roof Replacement 2026 Project | 12697448 IFB - 6 INFORMATION FOR BIDDERS

22. Non-Collusive Bidding Certification

Each Bid shall contain a properly executed "Non-Collusive Bidding Certification," as required by Section 103-d of the General Municipal Law. The necessary form is provided herein for each Bid.

Section 103-d of the General Municipal Law is:

103-d. Statement of non-collusion in bids and proposals to political subdivision of the state or fire district.

1. Every Bid 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:

i. 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 or with any competitor; and

ii. Unless otherwise required by law, the prices which have been quoted in this

Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor; and

iii. 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

Paragraphs a) i, ii, and iii above have not been complied with; provided, however, that if in any case the Bidder cannot make the foregoing certification, the Bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where Paragraphs a) i, ii, and iii 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 to which the Bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

c) 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 Paragraph 22.1 a).

2. Any bid hereafter made to any political sub-division of the state or any public department, agency or official thereof by a corporate bidder 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 of the 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 the inclusion therein of the certificate as to non-collusion, as the act and deed of the corporation. As amended L.1965, C.751, Sec. 1: L.1966, C.675, Sec. 2, effective Sept 1, 1966.

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23. Contractor's Liability Insurance and Indemnity

A. CONTRACTOR'S LIABILITY INSURANCE REQUIREMENTS

1. CONTRACTOR shall purchase and maintain such insurance as will fully protect him from claims set forth below which may arise out of or result from CONTRACTOR's execution of the Work, whether such execution be by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable.

a) Claims under workmen's compensation and disability benefit acts;

b) Claims for damages because of bodily injury, occupational sickness or disease or death of his employees;

c) Claims for damages because of bodily injury, sickness or disease or death of any person other than his employees;

d) Claims for damages insured by usual personal injury liability coverage which are sustained 1) by any person as a result of an offense directly or indirectly related to the employment of such person by the CONTRACTOR, or 2) by any other person; and

e) Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom.

2. Certificates of Insurance acceptable to OWNER shall be filed with OWNER prior to commencement of the Work. These certificates shall contain a provision that coverages afforded under the policies will not be cancelled unless at least thirty (30) days' prior written notice has been given to OWNER.

3. CONTRACTOR shall furnish the Certificates of Insurance of each Subcontractor employed in the performance of the Work under this Contract, showing that said Subcontractors have complied with all the requirements of this Contract with reference to insurance to be furnished by such Subcontractor.

4. CONTRACTOR shall procure and maintain, at his own expense during the Contract time, liability insurance as hereinafter specified:

a) Commercial General Liability, including Products, Completed Operations and

Contractual Liability:

1. Bodily Injury $2,000,000 Each Occurrence/Aggregate (C.2)

2. Property Damage $2,000,000 Each

3. Bodily Injury and Property $2,000,000 Each Damage Combined Occurrence/Aggregate

b) Automobile Liability, including all owned, non-owned, and hired autos:

1. Bodily Injury and Property Damage Combined $1,000,000 Each

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c) Excess/Umbrella Liability, $2,000,000 Each Bodily Injury and Property Damage Combined Occurrence/Aggregate

1. Explosion, collapse and underground hazard exclusions must be deleted.

2. If Commercial General Liability annual aggregate policy, the annual aggregate limits must apply ″per project″ (Endorsement CG 2503 or equivalent), as confirmed by the Certificate of Insurance.

d) Workmen's Compensation and Employees Liability

1. Workmen's Compensation New York Statutory

2. Employees Liability $100,000 each accident

($5,000,000 if self-insured)

e) Disability Benefits: According to State regulations or acceptable substitute.

5. The following types of Liability Insurance shall be furnished:

a) Contractor's Protective Liability Insurance issued to and covering the liability for damages imposed by law upon CONTRACTOR with respect to all Work performed by him under this Contract.

b) Contractor's Protective Liability Insurance issued to and covering the liability damages imposed by law upon CONTRACTOR with respect to all Work under this Contract performed for CONTRACTOR by Subcontractors.

c) Owner's Protective Liability Insurance issued to and covering the liability for damages imposed by law upon OWNER with respect to all operations under the Contract by CONTRACTOR or by his Subcontractors, including omissions and supervisory acts of OWNER and of the agents and employees of the insured. Such insurance shall name as an additional insured or insureds, the person, persons or corporation specified in detail in the Information for Bidders and/or the agents, observers and employees of this or any other municipal body or public utility, which may have granted permits in connection with the Work. Owner's Protective Liability shall be written with a limit of liability of not less than $2,000,000 for all property damage sustained by any one person in any one accident; and a limit of liability of not less than $2,000,000 aggregate for any such damage sustained by two or more persons in any one accident.

Insurance shall be written with a limit of liability of not less than $2,000,000 for all personal injury damage sustained by any one person in any one accident;

and a limit of liability of not less than $2,000,000 aggregate for any such damage sustained by two or more persons in any one accident.

d) Contractual Liability Insurance issued to and covering the liability imposed by

Contract upon OWNER for work performed on private land with respect to all operations under the Contract by CONTRACTOR or by his Subcontractors.

e) Contractual Liability Insurance issued to and covering the liability imposed by

Contract upon CONTRACTOR for a Broad Form Damage Claims for all operations under the Contract by CONTRACTOR or by his Subcontractors.

6. CONTRACTOR shall acquire and maintain fire insurance, All Risk, Builders Risk

Completed Value insurance with an installation floater, upon the project to the full insurable value thereof. The named insured shall be the City of Batavia and the

Roof Replacement 2026 Project | 12697448 IFB - 9 INFORMATION FOR BIDDERS parties listed in ″Parties to be Listed as Additional Insureds on Insurance Policies″ as their interests may appear. This provision shall in no way release CONTRACTOR or CONTRACTOR's surety from obligations under the Contract to fully complete the Project. This insurance shall cover all the work in place and all materials stored at the building site or at any other location or while in transit, whether or not covered by partial payments made by OWNER during the Contract time and until Work is accepted by OWNER.

7. CONTRACTOR shall procure and maintain, at his expense, during the Contract time, in accordance with the provisions of the State in which the Work is performed, Workmen's Compensation Insurance, including occupational disease provisions, for all of his employees at the site of the Project and in case any Work is sublet, CONTRACTOR shall require each Subcontractor similarly to provide Workmen's Compensation Insurance, including occupational disease provisions for all of the latter's employees unless such employees are covered by the protection afforded by CONTRACTOR. In case any class of employees engaged in hazardous work under this Contract at the site of the project are not covered under Workmen's Compensation statute, CONTRACTOR shall provide and shall cause each Subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected.

a) Workmen's Compensation Insurance. A policy shall be maintained covering the obligations of the CONTRACTOR in accordance with the provisions of Chapter 615 laws of 1922 as amended also known as Chapter 67 of the Consolidated Laws of New York, as amended, known as the Workmen's Compensation Law, covering all operations under the Contract, whether performed by him or by his Subcontractors.