16cbb37c5a77434ba230b59391ea1273_bid_file_upload_1.pdf

GENERAL BID SPECIFICATIONS

BID #2026-20

CONTRACTED HAULING SERVICES

Contact Information: Tina Bartlett-Bearup, Purchasing Manager

City of Watertown

245 Washington Street, Suite 206

Watertown, NY 13601

Phone: (315) 785-7749

Email: tbartlettbearup@watertown-ny.gov

The following outlines the planned schedule of major activities related to this bid solicitation. The City of Watertown reserves the right to amend the schedule as necessary.

Important Dates:

Bid Response Deadline Thursday, October 22, 2026, 11:00 a.m.

Site Visit N/A

Anticipated Vendor Selection Monday, November 2, 2026 mailto:tbartlettbearup@watertown-ny.gov

BID 2026-20 Contracted Hauling Services

TABLE OF CONTENTS

Section I Notice to Bidders

Section II Instructions to Bidders & General Conditions

Section III Bid Specifications

Section IV Insurance Requirements

Section V Proposal Form

Section VI Mandatory Documentation

Sections VII Appendix A

Pursuant to the provisions of Section 103 of the General Municipal Law, State of New

York, sealed bids will be received by the City of Watertown, Purchasing Department for the following, furnish complete to specifications:

CONTRACTED HAULING SERVICES

Sealed bids will be received until 11:00 a.m. on Thursday, October 22, 2026, at the City of

Watertown, Room 206, Purchasing Department at which time and place they will be publicly opened and read.

The award of this bid is subject to appropriation of funds necessary by the City of Watertown.

The City reserves the right to reject any or all bids, deemed not to be in the best interest of the

City, at the sole discretion of the City of Watertown.

Further information is available within the City of Watertown, Purchasing Department. Please contact Tina Bartlett-Bearup at (315) 785-7749. If you have questions relative to the specifications, please contact Karen Overton, Interim Superintendent of Public Works, at (315)

785-7774. All bids must be submitted in a sealed envelope plainly marked, “Bid #2026-20:

CONTRACTED HAULING SERVICES.”

Attached please find the appropriate bid forms and specifications. All bids must be submitted on three (3) complete sets.

Tina Bartlett-Bearup, Purchasing Manager

City of Watertown

245 Washington Street, Suite 206

Watertown, NY 13601

Email: tbartlettbearup@watertown-ny.gov

Section I

Notice to Bidders mailto:tbartlettbearup@watertown-ny.gov

INSTRUCTIONS TO BIDDERS

1. The City of Watertown, New York, hereafter known as the City, is seeking sealed bids from qualified firms to provide hauling services to move a variety of materials to or from work sites and/or specified material suppliers for City Departments. Items to be hauled include, but are not limited to crushed stone, topsoil, asphalt, demolition debris, road/sewer construction debris, snow, wood chips, brush, trash, sand, sewage sludge and/or biosolids. The one (1) year contract is anticipated to commence on January 01, 2027, and end December 31, 2027, with the ability to renew the contract for three (3) additional one-year contracts.

2. Sealed bids for furnishing and delivery of services as required and as set forth in these specifications prepared by the City of Watertown will be received until 11:00 a.m., Thursday, October 22, 2026, EST. At which time, they will be opened and publicly read in the Purchasing Department, Room 206, City Hall, 245 Washington Street, Watertown, NY. Faxed or electronically submitted bids will NOT be accepted.

3. Copies of the specifications may be obtained by contacting Tina Bartlett-Bearup, Purchasing Manager, City of Watertown, at (315) 785-7749 or via e-mail at tbartlettbearup@watertown-ny.gov.

4. Bids shall be submitted only in the form hereinafter set forth on the forms furnished with all the blanks filled in. Bid responses must be enclosed and sealed in a plain envelope and clearly marked “#2026-20 Contracted Hauling Services” on the front of the envelope as specified in the notice to bidders or advertisement/invitation to bid. Any bid not in accordance with these instructions or in the forms prescribed, or not containing all statements contained on said bid form, may be rejected. Telephoned, faxed or e-mail bids or amendments will not be accepted.

5. Bidders are responsible for ensuring the timely delivery of their bids. Bids submitted after the posted due date and time will be returned unopened to the bidder. Reliance upon mail or public carriers is at the bidder’s risk. LATE BIDS WILL NOT BE ACCEPTED.

6. Express Mailings: All express envelopes must be clearly marked “Sealed Bid Enclosed” on the front of the outside envelope to ensure the bid is delivered properly. The sealed bid envelope must be included inside the express envelope.

Section II

Instructions to Bidders & General Conditions mailto:tbartlettbearup@watertown-ny.gov.

7. During examination of these specifications, should any bidder find any discrepancies, omissions, ambiguities, or conflicts, or to be put in doubt as to their meaning, the bidder shall request from the purchaser, in writing, an interpretation or correction thereof, not later than five (5) days before the date of the bid opening. The City shall review the question and where the information sought is not clearly indicated or specified, in the

City’s opinion, the City will issue a clarifying or correcting addendum. Proper interpretation or the making of any necessary inquiry will be the bidder’s responsibility.

Oral answers will not be binding on the City.

8. Each party receiving and/or otherwise acquiring this bidding package acknowledges that, in the determination as to the award of the ultimate contract, the City will exercise discretion in making the final decision. Each party submitting a bid does so recognizing that no cause of action or claims may arise in such party’s favor in any way relating to the exercise of such discretion against the City or any person, firm, corporation, or other legal entity engaged by the City to assist in making the final decision.

9. All bids must be signed by the manufacturer or authorized dealer of the item(s) being bid.

Each bid must give the full business address of the bidder. Bids by a partnership must furnish the full name of all partners and must be signed by the partners. Bids by a corporation must be followed by the name of the State of Incorporation and by the signature and designation of the President, Vice President, or Secretary. The name of each person signing shall also be typed or printed below the signature. Satisfactory evidence of the authority of the officer signing on behalf of the corporation shall be furnished with the bid.

10. The awarded bidder is prohibited from assigning, transferring, subletting, or otherwise disposing of contract let for this bid without previous consent, in writing, from the City

Purchasing Manager or the designated authority. This contract shall inure to the benefit of and be binding upon successors and assignees hereto.

11. Bids will be considered only from manufacturers, manufacturer’s branch dealers, and manufacture’s franchised dealers or authorized distributors.

12. All items specified must be delivered strictly in accordance with specifications. Where the following specifications require specific brand names, model numbers, dimensions, or capacities of components, same shall be supplied, as all have been carefully selected for their reliability and availability, or replacement on a local basis, unless, or equal or equivalent is specified. All specifications contained herein shall be construed as minimum. Should the manufacturer’s current published data or specifications exceed these, they shall be considered minimum and be furnished. No exceptions to these minimum standards should be allowed.

13. Equivalency. In submitting a bid, the bidder agrees to provide goods and services consistent with the specifications. Where a brand name or equivalent specification is used in this solicitation, the use of any brand name noted is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition.

If the service offered differs from the specifications, such differences must be explained in detail and submitted with your bid. All services proposed as equivalent will be considered. A Contract, if awarded, will be on the basis of materials and equipment as described in the specifications and “Or Equal” items submitted by the bidder and accepted by the City.

The bidder may offer “or equal” items that meet the same performance and reliability standards as specified herein. If the bidder offers an “or equal” item, the bidder must include with the bid package, documentation establishing equality of construction, operation, and utility. Said “or equal” items shall be accepted or rejected based upon the

City’s evaluation of the submitted documentation and specifications. All costs associated with the review of any “or equal” items prior to recommendation of award, shall be at the bidder’s expense.

If a submitted “or equal” item is rejected, the bidders may be afforded an opportunity to meet with the City to offer additional qualifying opinions and information prior to the City rejecting the bid at the option of the City. However, if it is determined by the City that the materials or equipment do not meet the minimum acceptable specification, the vendor will not have the opportunity to offer the City other alternatives or to offer the original equipment specified by the City. Additionally, the bidder shall not have the opportunity to submit any alternative materials or equipment after the bids have been opened or awarded.

Neither the City nor its representatives shall make any determinations as to equality of materials or equipment prior to the opening of the proposals.

The decision to accept or reject an “or equal” item rests solely with the City. If a substitute “or equal” item is not accepted by the City, the bid will be deemed non-responsive, and the City shall reject this bid. The next qualified bid shall then be reviewed for recommendation of award.

14. All prices quoted shall include all preparation, transportation, and installation charges prepaid to the destination indicated. Prices are to be quoted in US currency. The bid price shall not include any Local, State, or Federal taxes. All fees that are to be assessed to the

City during the duration of this contract must be stated. If equipment is leased, the bid must also include charges to return the proposed equipment to the lessor at the end of the lease term. All bid prices shall be firm for 60 days after the date of bid opening.

15. If the service offered differs from the provision contained in this specification, such differences must be explained in detail, and bid will receive careful consideration if such differences do not depart from the intent of this specification and are to the best interest of the City. Any exceptions, variations, or clarifications to these specifications must be set forth on a separate sheet in the bid response. These exceptions must be numbered and relate to the exact items in the specifications for easy comparison.

16. The City reserves the right to request additional information as deemed necessary for proper evaluation of bids. Requested information shall be submitted to the City within 72 hours of request.

17. All services specified must be delivered strictly in accordance with the specifications.

18. The bid will be awarded to the lowest responsible, responsive bidder meeting all bid specifications. The City guarantees no minimum or maximum purchases as a result of any award.

A contract and/or purchase order will be awarded as soon as possible to the lowest overall responsible, responsive bidder, provided his bid is reasonable and it is to the interest of the

City to accept it. Each bidder shall be prepared, if requested by the City, to present evidence of his experience, qualifications, and financial ability to carry out the terms of the contract.

In anticipation of the fact that no one vendor will be able to meet all requirements of the specification, the City reserves the sole right to decide whether a bid proposal does or does not substantially comply with the requirements of this specification, to accept or reject any modifications in terms of vendor’s bid proposal or any parts thereof, and also waive any irregularity, conformity, non-compliance with or any non-response to the specifications or any part thereof provided such deviation does not deviate from the intent of this specification. The City reserves the right to accept, order and contract hereunder to other than the lowest bidder. The City reserves the right to reject any or all bids.

19. The competency and responsibility of bidders will be considered in making the award.

The City reserves the right to reject any or all bids when such rejection is in the interest of the City, and to reject the bid of a bidder who, in the judgment of the City, is not qualified to fulfil the contract. The City prior to any award of contract may require a statement of financial condition and/or Dunn & Bradstreet rating. The past and present financial condition of the bidder will be seriously considered during bid evaluation.

20. The awarded bidder shall defend any and all suits and assume all liability for use and all claims made against the City or any of its officials or agents for the use of any patents, process, device, or article forming a part of the apparatus or any appliance furnished under the contract.

21. The City reserves the right to terminate any contract resulting from this bid with (10) ten calendar days written notice to the vendor. The City agrees to show cause and allow the vendor the opportunity to rectify problems. However, if in the sole opinion of the City

Attorney, Purchasing and the using department, the vendor has not resolved the problem to the satisfaction of the City in a timely and workman like manner, said contract shall be terminated. The vendor agrees to remove said equipment from City property within seven

(7) calendar days and refund the City in full for the equipment/product within that same timeframe.

22. As required by New York State Municipal Law, Section 103, all bids must be submitted with a non-collusion statement signed by an authorized agent of the bidder. No bid will be accepted without said statement. Additionally, any out-of-state bidder must submit with their bid a statement certifying that they are authorized to do business in New York State.

23. All purchases for the City of Watertown, New York, are tax exempt from sales tax pursuant to New York State Law, Section 1116(A) (1). The City of Watertown is not required to have a sales tax number. You may consider this our statement that we are an exempt organization pursuant to Tax Law Section 1132(C) and that you are not required to collect sales tax on purchases made on behalf of the City of Watertown. Bid price shall not include any Local, State, or Federal taxes. The bidder shall not be liable for any State or Federally mandated tax or program after the sale of this unit.

GENERAL CONDITIONS

1. 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, materials, equipment, or services required and a representation that the bidder can furnish the supplies, materials, equipment, or services satisfactorily in complete compliance with the specifications. The bidder hereby understands and agrees that no plea of ignorance relating to any data, conditions, policies, or requirements of the City that may exist or that may reasonably be encountered pursuant to this contract, will be accepted as a result of failure or omission on the part of the bidder to fulfill in every respect all the requirements hereunder, nor will the same be accepted under any circumstances as a basis for any type of claim whatsoever for extra charges for startup cost or for the rendering of proper service hereunder. Further, said City shall not honor such claims for charges.

2. All items of standard equipment, which are normally provided by the manufacturer, shall be furnished unless such items are expressly deleted or are specified to be other than standard. When optional equipment is specified, all components listed in the manufacturer’s data book as being included with the option shall be furnished.

3. The bidder certifies and warrants all major components offered are compatible with each other, and are approved for the application, by both the component manufacturer and as well as the primary manufacturer for the intended use as stated in the detailed specifications. The bidder acknowledges that the City will rely upon the expertise, skill, and judgment of the bidder in offering and furnishing suitable equipment that will perform satisfactorily for all intended uses as described hereinafter.

4. No interpretation of the meaning of the specifications or other contract document will be made to any bidder orally. Every request for such interpretation should be in writing, addressed to the City, not later than five (5) days prior to the date fixed for the opening of bids. Notice of all such interpretations and any supplemental instructions will be sent to all bidders of record by the City in the form of addenda so issued shall become a part of the contract documents. Proper interpretation or the making of any necessary inquiry will be the bidder’s responsibility.

5. The parties hereto understand and agree that each and every provision of law or clause required by law to be inserted in this contract shall be deemed to have been inserted herein, and if through mistake or inadvertence, such provisions not inserted said clause shall be deemed to have been inserted and shall have the full force and effect unconstitutionally.

6. The parties hereto expressly agree that in any provision, sentence, clause, or part thereof, in this agreement or within any specification or plans made a part hereof, is held by proper authority to be unconstitutional, illegal or invalid, such findings shall neither effect nor impair such provision(s), sentence (s), or clause (s) which remain.

Except for so much that is held to be unconstitutional, illegal, or invalid, this agreement shall remain in full force and effect.

AWARD

7. The Contract/Purchase Order will be awarded as soon as possible to the lowest overall responsive responsible bidder, provided his bid is reasonable and it is in the best interest of the City. Each Bidder must be prepared to present satisfactory proof of their capability and ability to successfully complete the requirements of this solicitation. The City reserves the right to make whatever investigations or inquiries necessary to determine the competency and ability of any bidder to complete the requirements of this solicitation. A review may include but not be limited to inspection of the bidder’s facilities and equipment, references or previous contract performance with the City or others.

8. In anticipation of the fact that no one vendor may be able to meet all requirements of the specification(s), the City reserves the sole right to decide whether a proposal does or does not substantially comply with the requirements of this specification, to accept or reject any modifications in terms of vendor’s bid proposal or any parts thereof, and also waive any irregularity, conformity, non-compliance with or any non-response to the specifications or any part thereof provided such deviation does not deviate from the intent of this specification. The City reserves the right to accept, order and contract hereunder to other than the lowest bidder.

9. The City reserves the right to reject all bids. Also reserved is the right to reject, for cause, any bid in whole or in part; to waive technical defects; qualifications;

irregularities; and omissions if in its judgment the best interests of the City will be served. Also reserved is the right to reject bids and to purchase items on State or

County contracts if such items can be obtained on the same terms, conditions, specifications, and at a lower price.

10. Where a bidder is requested to submit a bid on a total sum or sums, the right is reserved to award contracts on total sum or sums, whichever is in the best interest of the City. The City guarantees no minimum or maximum purchases as a result of any award. Separate awards may be issued for each item specified. The City reserves the right to award to more than one vendor if it is in the best interest of the City to do so.

11. If two or more bidders submit identical bids as to price, the decision of the City to award a contract to one of such identical bidders shall be final. If after review, it is determined that both bids are essentially equivalent, the names of both bidders will be placed in a container and the winning bid selected by a draw witnessed by a minimum of two members of the Purchasing Department and a member of the City

Comptroller’s Department. (General Municipal Law, Sec. 103, Sub. 1)

12. Should a bidder decide to protest the results of the bid, please email tbartlettbearup@watertown-ny.gov with the reasons for the protest. All protests must be submitted within five (5) dates of the delivery of the Notice of Intent to Award. All protests must be directed to the Purchasing Department and will be reviewed by the

Purchasing Manager.

CONTRACT

13. Each bid will be received with the understanding that the acceptance thereof in writing to furnish any or all items described therein shall constitute a contract between the successful bidder and the City. The contract shall bind the successful bidder on his part to furnish and deliver at the prices and in accordance with the conditions of this bid. A formal contract may be required depending on the bid (see Appendix A).

14. The placing in the mail of a notice of award or purchase order to a successful bidder, to the address given in his bid, will be considered sufficient notice of acceptance of contract.

15. If the successful bidder fails to deliver as ordered, or 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 the 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.

16. Cancellation of contract for any reason may result in removal of the successful bidder’s name from the mailing list for future proposals for an indeterminate period.

17. Any additional materials, equipment, or services outside the scope of the original agreement must have written approval. The City is not responsible for reimbursing any unapproved additional materials, equipment, or services outside the scope of the original agreement.

18. If equipment is delivered with deviations or improper servicing, the bidder must arrange to have necessary work done within (5) working days after receipt of written notification from the City. If corrections are not made within that period, the City may elect to have corrections made at the bidder’s expense.

19. When materials, equipment or supplies are rejected, they must be removed by the successful bidder from the premises of the City within ten (10) days of notification.

Rejected items left longer than ten (10) days will be regarded as abandoned, and the

City shall have the right to dispose of them as its own property.

20. Pertinent information: Damaged goods not removed by the vendor, as stated, will be regarded as abandoned and the City shall have the right to dispose of them as its own property. This condition addresses the following concerns:

a. Damaged cases discovered during and after delivery.

b. Products that do not meet specifications.

c. Storage of such items

d. Ownership of such items

21. In any of the situations mentioned, the vendor is required to pick up damaged goods at the time of delivery, and immediately issue credit. Additionally, if the discrepancies are not noted until after receipt of the goods, the vendor agrees to pick up the items on the next delivery. In either event, if the vendor does not adhere to these terms, the

City gains title to the property and needs only to maintain a record of the delivery date and the item codes to be entitled to credit.

22. No services are to be delivered until receipt of an official purchase order from the

City. Each delivery must show a purchase order number on the outside of the package, unless otherwise directed by the Purchasing Manager.

23. It is mutually understood and agreed that the successful bidder shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or his right, title, or interest therein, or his power to execute such contract, to any other person, company, or corporation, without the previous written consent of the City. This contract shall inure to the benefit of and be binding upon successors and assignees hereto.

24. Each bid will be received with the understanding that the acceptance thereof in writing by the Purchasing Manager and/or City Council, to furnish any or all the items described therein shall constitute a contract between the successful bidder and City.

However, the City is under no obligation to purchase items until such time that a properly executed Purchase Order has been issued.

25. The contract shall bind the successful bidder on his part to furnish and deliver at the prices and in accordance with the conditions of his bid. The contract shall bind the

City on its part to order from such successful bidder and to pay for at the contract prices, all items ordered and delivered, unless otherwise specified, or impacted by funding conditions.

26. It is the policy of the City of Watertown to encourage the greatest possible participation of minority and women-owned business enterprises. All qualified

Minority and Women-Owned Business Enterprises (MWBE) suppliers, contractors, and/or businesses will be afforded equal opportunity without discrimination because of race, color, religion, national origin, sex, age, disability, or sexual preference.

SERVICES OR INSTALLATION OF EQUIPMENT

27. The successful bidder shall clean up and remove all debris and rubbish resulting from his work from time to time as required or directed. Upon completion of the work and/or services provided, the premises shall be left in a neat, unobstructed condition, and the work area cleaned with everything in perfect repair and order. Old materials are the property of the successful bidder unless otherwise specified.

28. 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.

PREVAILING WAGE REQUIREMENTS

29. New York State Prevailing Wage Rates: If any portion of work being bid is subject to the prevailing wage rate provisions of Labor Law, the successful vendor is responsible for complying with all current labor rates and regulations throughout the duration of any contract resulting from this bid and will conduct his business in strict compliance with County Law, New York State Labor Laws, Federal OSHA Laws, and all other laws that apply.

The current schedule(s) of the prevailing rates and prevailing hourly supplements can be accessed at the New York State Department of Labor websitehttps://dol.ny.gov/prevailing-wage-schedules. The City has applied for and received PRC #2026027833 for this service. Copies of the schedule can be access by entering the assigned PRC#2026027833 at the proper location on the website or rates can be obtained by contacting the

Department of Labor at (315) 428-4056.

The bidder agrees to pay in accordance with New York State Labor Law and New York

State schedule of Labor Rates. He will conduct his business in strict compliance with

County Law, New York State Labor Laws, Federal OSHA Laws, and all other laws that apply. Applicable _X_ Not Applicable __

Labor rates as required by the New York State Department of Labor shall be provided prior to the start of any work in compliance with this document. The City will only pay, and the vendor agrees to only charge prevailing wage rates to those employees of any organization that are required by New York State law to receive said rates in the course of doing work for the City. The City reserves the right to withhold payment to the successful vendor pending receipt of certified payrolls in accordance with New York State

Department of Labor regulations. Upon notice of award the City will provide the name and address of the individual to whom the certified payrolls must be forwarded before invoices are approved and paid.

https://dol.ny.gov/prevailing-wage-schedules https://dol.ny.gov/prevailing-wage-schedules

The Contractor agrees to verify all rates with the New York State Department of Labor prior to submitting a proposal and prior to doing any work for the City as well as to establish which of those workers involved in any part of the contract for the City are required by law to receive said rates. Applicable _X_ Not Applicable __

NEW***

Public Work Contractor and Subcontractor Registry Requirements:

Starting December 30, 2024, all contractors and subcontractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State

Department of Labor (NYSDOL) under Labor Law Section 220-i.

https://dol.ny.gov/contractor-and-subcontractor-landing

The law defines a “contractor” as any entity entering into a contract to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication. The law defines “subcontractor” as any entity subcontracting with a contractor to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication, which is subject to Article 8 of the Labor Law. Contractors are responsible for verifying that any subcontractors they work with are registered.

Contractors need to register before submitting any new bids or commencing new work on a covered project on or after December 30, 2024. Subcontractors need to register before commencing new work on a covered project on or after December 30, 2024. NYSDOL encourages all contractors and subcontractors to register as soon as possible to obtain a Certificate of Registration to avoid negatively impacting a bidding period or project schedule. Applicable X_ Not Applicable __

The Bureau of Public Work & Prevailing Wage Enforcement at the New York State

Department of Labor is responsible for enforcing prevailing wage laws in New York

State. The Bureau of Public Work & Prevailing Wage Enforcement publishes the annual prevailing wage schedule every year on July 1. To find information about the prevailing wage rate for your area, or to find contact information for your local Public Works and

Prevailing Wage Enforcement District Office, please visit Bureau of Public Work and

Prevailing Wage Enforcement website or send an email to labor.sm.pwask@labor.ny.gov.

Vendors currently on the NYS Labor Department Debarred list will not be considered for the award of this contract. By submitting a bid for consideration, the Vendor is indicating to the City that they are currently in good standing with the NYS Department of Labor at the time of the bid.

Vendors currently on the NYS Labor Department Debarred list will not be considered for award of this contract. By submitting a bid for consideration, the Vendor is indicating to the City that they are currently in good standing with the NYS Department of Labor at the time of the bid.

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GUARANTEES BY THE SUCCESSFUL BIDDER

30. The successful bidder guarantees:

a. The product 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 to 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. The equipment delivered is a standard, new, latest model of regular stock product or as required by the specifications; also, 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 one (1) year from the 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.

e. The awarded bidder shall defend any and all suits and assume all liability for use and all claims made against the City or any of its officials or agents for the use of any patents, process, device, or article forming a part of the apparatus or any appliance furnished under the contract.

31. 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.

DELIVERY

32. Delivery must be made in accordance with the Instructions to Bidders and

Specifications. The decision of the City as to reasonable compliance with delivery terms shall be final. Bidders are required to state in their proposal the number of calendar days delivery will take, after receipt of the City’s purchase order, for the unit bid to be delivered to the City or for the project work to commence.

33. If the awarded bidder exceeds his specified delivery date, a liquidated damage fee may be assessed at a minimum of $150 dollars per diem for each day delivery exceeds the required date, excluding Sundays/Holidays. So that there is no misunderstanding, the

City will submit to the bidder, after award of bid, a certified letter stating the exact date the fee will be enforced.

34. The City will not accept any deliveries on Saturdays, Sundays, or legal holidays, except commodities required for daily consumption or where the delivery is for an emergency.

35. 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, bailing or sacks.

36. The successful bidder shall be responsible for delivery of items in good condition at the point of destination. They shall file with the carrier all claims for breakage, imperfections, and other losses, which will be deducted from invoices. The City will note for the benefit of a successful bidder when packages are not received in good condition.

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

38. Unloading and installation of the equipment 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.

39. All services provided shall be accompanied by delivery tickets. Ticket shall contain the following information for each item delivered:

a. Company Name

b. Delivery Ticket Number

c. Date of Service

d. Name of Project/Location

e. Start Time

f. End Time

g. Total Hours

h. Signature of City Supervisor

40. The successful bidder shall supply all guarantees, service warranties and manuals where applicable.

PAYMENTS

41. When the purchased products are delivered, the City of Watertown will process for payment the full amount of the contract price within 30 days of receipt of vendor invoice, if in the City’s opinion, the delivered service is in compliance with City’s bid specifications. However, if poor workmanship and / or minor deviations exist, the

City may withhold up to 15% of the contract price upon delivery and delay payment of the balance until the contractor has made all necessary corrections. The City may withhold the full amount of the contract price, if in the City’s opinion the delivered unit contains major deviations from the specifications.

42. Payment will be made only after correct presentation of claim forms or invoices as may be required. Certified payroll is required for any prevailing wages projects.

43. Payment of any claim shall not preclude the City from making a claim for adjustment on any item found not to have been in accordance with the contract specifications.

44. The bidder shall state the amount of the discount that will be allowed the City for payment terms less than 30 days.

SAVING CLAUSE

45. 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.

NON-APPROPRIATED FUNDS CLAUSE/REDUCED FUNDING TERMINATION

46. This contract shall be deemed executory only to the extent of the monies appropriated and available for the purpose of the contract, and no liability on account thereof shall be incurred by the purchaser beyond the amount of such monies. It is understood that neither this contract nor any representation by any public employee or officer creates any legal or moral obligation to request, appropriate or make available monies for the purpose of the contract. In accordance with New York State General Municipal Laws the City of Watertown will not be liable for any purchases or contracts for goods or services for which funding is not available. As a result, the vendor agrees to hold the

City harmless for any contract let for which funding either does not currently exist or for which funding has been removed prior to the issuance of a purchase order by the

City. Issuance of a purchase order by the City indicates that the City currently has and has set aside adequate funds to procure the goods and services indicated in the purchase order or contract. Should it become necessary for the City to cancel a project or purchase after an order to proceed or purchase order has been issued, the City will only be liable for, and the vendor agrees to only assess those financial damages that it can prove to have incurred as a result of the cancellation.

IRANIAN ENERGY SECTOR DIVESTMENT

47. Iranian Energy Sector Divestment. Contractor hereby represents that said Contractor is in compliance with New York State General Municipal Law Section 103-g entitled

“Iranian Energy Sector Divestment”, in that said Contractor has not:

a. Provided goods and services of $20 million or more in the energy sector of Iran including but not limited to the provision of oil or liquefied natural gas for the energy sector of Iran; or

b. Acted as a financial institution and extended $20 million or more in credit to another person for forty-five days or more if that person’s intent was to use the credit to provide goods or services in the energy sector in Iran.

Any Contractor who has undertaken any of the above and is identified on a list created pursuant to Section 165-a (3) (b) of the New York State Finance Law as a person engaging in investment activities in Iran, shall not be deemed a responsible bidder pursuant to Section 103 of the New York State General Municipal Law. Except as otherwise specifically provided herein, every Contractor submitting a bid in response to this Request for Bids must certify and affirm the following under penalties of perjury:

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 its knowledge and belief, that each bidder is not on the list created pursuant to NYS Finance Law

Section 165-a (3) (b).” The City of Watertown will accept this statement electronically or within the bid documents submission in accordance with the provisions of Section 103 of the General Municipal Law.

Except as otherwise specifically provided herein, any Bid that is submitted without having complied with subdivision (a) above, shall not be considered for award. In any case where the Bidder cannot make the certification as set forth in subdivision (a) above, the Bidder shall so state and shall furnish with the bid a signed statement setting forth in detail the reasons, therefore. The City reserves its right, in accordance with General Municipal Law

Section 103-g to award the Bid to any Bidder who cannot make certification, on a case-by-case basis under the following circumstances.

a. The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012, and the

Bidder has adopted, publicized, and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

b. The City has made a determination that the goods or services are necessary for the

City to perform its functions and that, absent such an exemption, the City would be unable to obtain the goods or services for which the Bid is offered. Such a determination shall be made by the City in writing and shall be a public document.

SEXUAL HARASSMENT COMPLIANCE

48. Sexual Harassment Compliance. Contractor hereby represents that said Contractor is in compliance with New York State Labor Law Section 201-g relative to Sexual

Harassment prevention and training to all employees.

Every Contractor submitting a bid in response to this Request for Bids must certify and affirm the following under penalties of perjury:

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 the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of Section

201-g of the labor law.

b. The City of Watertown will accept this statement electronically or within the bid documents submission.

NON-DISCRIMINATION REQUIREMENTS

49. In accordance with Article 15 of the Executive Law (also known as the Human Rights

Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, disability, or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, the

Contractor agrees that neither it nor its subcontractors shall, by reason or race, creed, color, disability, sex or national origin: (a) discriminate in hiring against any New

York State citizen who is qualified and able to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $500 per person per day for any violation of

Section 220 E or Section 239 as well as possible termination of this contract and forfeiture of all money due hereunder for a second or subsequent violation.

50. The City of Watertown, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S0 2000d to 2000d4 and (Reference to Administering

Administration Regulation(s)) issued pursuant to such Act, hereby notifies all contractors that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit quotes in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin, gender, age, or disability in consideration for an award.

Pursuant to Title IV, requirements, any entity or person that enters into a contract with the

City of Watertown including but not limited to prime contractors, sub-contractors, and sub-recipients, may not discriminate on the basis of race, color, national origin, age, sex, disability, or religion in their selection and retention of subcontractors (including consultants), in connection with any federally funded program or activity (including any program or activity undertaken/funded by a City of Watertown Department that receives federal funds).

COOPERATIVE BIDDING

51. Cooperative Bidding. It is understood and agreed that in addition to the City of

Watertown, other County agencies as well as municipalities may also participate in this bid. Each municipal government in the County may utilize this bid and enter its own contract with any successful bidder based upon these specifications and bids received. The bidder understands and agrees that submission of its bid to the City is also submission of the bid to participating municipalities.

The City of Watertown reserves the right to allow all municipal and not for profit organizations authorized under the General Municipal Laws of the State of New York, to purchase any goods and/or services awarded as a result of this bid in accordance with the latest amendments to NYS GML 100 through 104. However, it is understood that the extension of the contracts to a municipality are at the discretion of the vendor and the vendor is only bound to any contract between the City of Watertown and the vendor. Additionally, the City reserves the right to purchase any goods or services included as a part of this bid by any means legally available to it at any time.

All orders/contracts will be issued by the participating entities. Each participating entity shall be billed by and make payment directly to the successful bidder. Upon request, participating entities must furnish the contractor with the proper tax exemption certificates and documentation of tax-exempt status.

FREEDOM OF INFORMATION LAW

52. FOIL Requests: The New York State Freedom of Information Law as set forth in

Public Officers Law, Article 6, Section 84-90, mandates public access to government records, however, proposals submitted in response to this solicitation may contain technical, financial background or other data, public disclosure of which could cause substantial injury to the Proposer’s competitive position or constitute a trade secret.

Proposers who have a good faith belief that the information submitted in their proposals is protected from disclosure under the New York Freedom of Information

Law must clearly identify the pages of the proposals containing such information by typing in bold face on the top of each page, “THE PROPOSER BELIEVES THAT

THIS INFORMATION IS PROTECTED FROM DISCLOSURE UNDER THE

STATE FREEDOM OF INFORMATION LAW”. The City of Watertown assumes no liability for disclosure of information so identified, provided that the City of

Watertown has made a good faith legal determination that the information is not protected under applicable law or where disclosure is required to…