2024 Street Marking and Painting RFP.docx

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2024 Street Marking and Painting Bid
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Ontario County, New York

About this file

This document is a Request for Bids (RFB) issued by the City of Canandaigua Department of Public Works for specialized painting services related to the marking and painting of the streets of the City of Canandaigua, New York. Sealed bids will be received until 11:00 A.M. on Friday, March 29, 2024, at which time they will be publicly opened and read. The contract term will be for one year with an option for two one-year extensions. A certified check or bid bond in the amount of 5% of the bid amount is required with each bid submission. No bids may be withdrawn after the bid opening, and all bids shall remain in effect for up to 45 days after the bid opening.

The RFB includes a tabulation of the pavement markings required and the associated technical specifications. Bidders must provide a lump sum bid for the entire project as well as unit prices for various add/deduct items. The low bidder will be the vendor submitting the lowest total price for all of the requested pavement markings. There are no set-aside requirements indicated, and the City does not provide information about incumbents or current contractors. The project is to be funded through the City's budget, and prevailing wage rates from the New York State Department of Labor are included in the RFB packet.

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Other files

File Type Posted
Appendix B Pavement Marking List.xlsx XLSX spreadsheet
Appendix C continued Pavement Gores Pictures.pdf PDF
Appendix C Pavement Marking Gores Inventory.xlsx XLSX spreadsheet

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City of Canandaigua Department of Public Works 205 Saltonstall Street Canandaigua, New York 14424 585-396-5060

2024 STREET MARKING AND PAINTING

Proposals Due:

Friday, March 29, 2024 11:00 a.m.

City of Canandaigua Department of Public Works 205 Saltonstall Street Canandaigua, New York 14424 585-396-5060

March 7, 2024

REQUEST FOR BIDS

Sealed BIDs for specialized painting services related to the marking and painting of the streets of the City of Canandaigua will be received at the Hurley Building, 205 Saltonstall Street, Canandaigua, New York until 11:00 A.M., on Friday, March 29, 2024, when they will be publicly opened and read.

All bids shall be in accordance with the request for bids issued by the Department of Public Works, 205 Saltonstall Street, Canandaigua, New York 14424.

Specifications and additional information for bidders may be obtained at the office of the Department of Public Works, 205 Saltonstall Street, Canandaigua, New York, 14424 or by contacting Joanne Devlin at jdevlin@canandaiguanewyork.gov or by calling 585-337-2144.

A certified check or bid bond in the amount of 5% of the bid amount shall accompany each bid.

No bids may be withdrawn after bid opening. All bids shall be in effect up to forty-five (45) days after bid opening.

Sarah L Brown Director of Public Works

---------------------------------------------------------------------------------------------------Note: This entire document must be submitted with bid.

Do not detach any pages.

INTRODUCTION

The City of Canandaigua (the City) is seeking bids to provide specialized painting services related to the marking and painting of the streets of the City. The bids will be received at the Hurley Building, 205 Saltonstall Street, Canandaigua, New York until 11:00 A.M., on Friday, March 29, 2024, when they will be publicly opened and read. This request for bids includes a tabulation of the pavement markings that are required and the associated technical specifications.

Bidders may obtain the request for bids from the office of the Department of Public Works, 205 Saltonstall Street, Canandaigua, New York, 14424 or by contacting Joanne Devlin at jdevlin@canandaiguanewyork.gov or by calling 585-337-2144.

A certified check or bid bond in the amount of 5% of the bid amount shall accompany each bid.
No bids may be withdrawn after bid opening. All bids shall be in effect up to forty-five (45) days after bid opening.

SCOPE OF SERVICES

It is the City’s desire to hire a pavement marking contractor who will provide turn-key services to provide the required pavement markings. The contractor will be responsible for providing all equipment, labor and materials to complete the list of pavement markings included in this request for bids, using materials that meet the included technical specifications. The contractor will be responsible for coordinating their operations and schedule with the City’s Streets Bureau working supervisor.

BID SUBMISSIONS AND CONTACT PERSON

Sealed bids must be received by 11:00 am, Friday, March 29, 2024, at the Hurley Building, 205 Saltonstall Street, Canandaigua, New York. Bids are to be in sealed envelopes labeled with the contractor’s name and the title of this Request for Bids.

The contact person for questions about this Request for Bids is:

Joanne Devlin City of Canandaigua Department of Public Works 205 Saltonstall Street Canandaigua, New York 14424

Phone (585) 396-5060
Fax (585) 396-5002
Email jdevlin@canandaiguanewyork.gov

All questions must be submitted in writing via mail, fax or email. All answers will be issued to all holders of this Request for Bids.

INFORMATION TO BE FURNISHED WITH BID

All bids should include the following:

· This entire bid request document

· A statement of qualifications sufficient to demonstrate that the contractor has the capacity and professional expertise to complete this project. (No bid will be accepted from, or contract awarded to any person, firm or corporation, that has failed to perform faithfully any previous contract with the City.)

· A statement of project understanding

· A statement of lump sum fee

· Unit prices for adjustments to the scope of work

· A statement that the bid complies with the bid request, or a statement identifying any exceptions taken

· A proposed time table for the project

· City of Canandaigua Non-collusive Bid Certification

The City reserves the right to request additional information deemed necessary for proper evaluation of bids.

AWARDING CRITERIA

Although bids may be received based on the minimum requirements indicated, it is not intended that this alone shall limit the award. Other factors will be considered in awarding the contract, including the experience of the City and others with the contractor.

In making an award the City will evaluate the bids received, considering such factors as listed below, as well as other factors, which are considered pertinent:

· Compliance with the administrative requirements of the Request For Bids

· The contractor’s related experience

· The contractor’s project understanding statement

· The contractor’s ability to staff the project and their proposed project schedule

· The proposed fees.

REJECTION OF BIDS

The City of Canandaigua reserves the right to reject any and all bids if the best interest of the City will be served by such action.

INFORMALITIES

The City of Canandaigua reserves the right to consider INFORMAL a bid not prepared and submitted in accordance with the provisions of this request for bids.

PAYMENT

Payment will be made by the City to the selected contractor based upon monthly invoices from the contractor to the City of Canandaigua. Invoices shall be delivered to the City of Canandaigua by the fifteenth of each month for the duration of the project.

CONTRACT TERM

The contract term will be for one year with an option for two one-year extensions. If either party decides not to extend the contract it must notify the other party in writing 60 days prior to the expiration date of the contract.

COMPLIANCE WITH LAWS

The contractor shall at all times observe and comply with all laws, ordinances, and regulations of the Federal, State, Local, and City Government, which may in any manner affect the preparation of bids or the performance of this Contract.

TAX

The City of Canandaigua is exempt from paying Manufacturer's Excise, Floor or Sales Tax and for that reason the proposed fee shall not include any tax. The City of Canandaigua will furnish a signed exemption form covering the tax, if any, as may be required by law.

SCHEDULE

All work under this bid shall be completed on or before July 31, 2024 unless extended by the Director. The City may require that some work be delayed due to its street maintenance program. A mutually agreeable schedule for completion of that work will be determined.

EXTENSIONS OF TIME - EXCUSABLE DELAYS

The City shall grant extensions of the Contract time of completion for any delays resulting from causes beyond the contractor’s control, which are not to be considered normal hazards of the Contract. Delays of this classification are as follows:

a) Acts of the Federal Government, including: controls or restrictions upon the use or obtaining of materials, equipment, tools or labor essential to completion of the work, by reason of war, National defense, or any other National emergency.

b) Acts of the City, including but not limited to changes in the method or the scope of work covered by the Contract upon order of the City.

c) Causes not reasonably foreseeable by the parties to this contract at the time of the execution of the Contract, which are beyond the control of and through no fault or negligence of the Contractor. This shall include, but is not restricted to: Acts of God or the public enemy, freight embargoes, court actions, fires, floods, epidemics, quarantine and strikes, weather of unusual severity such as hurricanes, tornadoes and cyclones, and weather of unusual severity for the season which directly affect or prohibit the work under the Contract. Provided, however, that the Contractor notifies the City in writing within ten (10) days from the beginning of any such delay and detailing the causes of the delay.

Upon receipt of such notification, the City shall ascertain the facts and the cause and extent of the delay. If, in the opinion of the City, the delay is properly excusable based on the facts and terms of the Contract, the City shall extend the time for completing delivery for a period of time commensurate with the period of excusable delay.

It is further agreed, that the foregoing occurrences shall not result in any claim for damages or contract adjustment other than extension of time.

TECHNICAL SPECIFICATIONS

See attached documentation with streets, quantities and description of markings needed.

SPECIFICATIONS FOR REFLECTORIZED PAVEMENT MARKINGS

1.0 GENERAL

Description. Under this work, the Contractor shall furnish and apply reflectorized pavement markings in accordance these specifications and the latest Federal Manual of Uniform Traffic Control Devices (MUTCD) and the New York State Supplement to MUTCD.

It is understood that the City of Canandaigua is entitled to have reflectorized pavement markings applied on all roads and streets by the Contractor, without exception, and in accordance these specifications.

1.1 LOW BID DETERMINATION. The low bidder will be that vendor submitting the lowest total price for all of the requested pavement markings.

1.2 EQUIPMENT INSPECTION. The Director of Public Works (Director) or his designated representative reserves the right to inspect the bidder’s equipment prior to making any award.

1.3 PRE-CONSTRUCTION CONFERENCE. A pre-construction conference shall be held at the office of the City of Canandaigua Department of Public Works at least ten (10) days prior to starting work. The Contractor shall be present at the conference and present a proposed schedule of work, source of materials and be prepared to discuss the specifications and all documented requirements.

1.4 MATERIAL DELIVERY & STORAGE. All paint shall be stored in compliance with the manufacturer’s recommendations until such time as they are used in the field. The City reserves the right to inspect the storage facility.

1.5 COORDINATION & TIME OF OPERATIONS. The Contractor shall coordinate his operations and schedule with the City’s Streets Bureau Working Supervisor.

2.0 MATERIALS

2.1 FAST-DRY WATERBORNE TRAFFIC PAINT.

Fast-Dry waterborne traffic paint furnished by the bidder for this project shall be selected from the latest New York State Department of Transportation (NYSDOT) Approved List of White and Yellow Traffic Paint (§727-09) (Waterborne). Acceptance will be based on the appearance of an approved brand name on the container label.

All paints shall conform to Federal, State, and local air pollution regulations, including those for the control (emission) of volatile organic compounds (VOC) as established by the U.S. Environmental Protection Agency, and the New York State Department of Environmental Conservation.

2.2 REFLECTIVE GLASS BEADS

Reflective glass beads shall conform to NYSDOT §727-05 Glass Beads for Reflectorized Pavement Marking Paints.

3.0 CONSTRUCTION DETAILS

3.1 EQUIPMENT

The paint unit shall be judged appropriate for painting the required pavement markings by the Director, or his designated representative. All paint units shall be operated by properly trained staff.

3.2 APPLICATION OF PAVEMENT MARKINGS

At the time of paint application, the pavement surface and ambient temperature shall not be less than 50°F, the relative humidity shall not exceed 85%, and the pavement surface shall be clean & dry. Traffic paint shall not be applied during periods of rain or if rain is imminent. Waterborne traffic paint shall not be applied if rain is expected within 4 hours after application.

Paint shall be applied in strict accordance with the manufacturer’s recommendations for use. All material shall be applied at a temperature that will assure that it is track-free within one hundred eighty (180) seconds of it being applied to the pavement. In no case shall the paint be heated above 150°F.

The painted pavement markings shall be uniformly applied to the pavement surface at the minimum specified wet film thickness of 380 μm ± 30 μm (15 mils ± 1 mil). The applied pavement markings shall have clean-cut edges and true and smooth alignment.

All pavement markings shall conform in every respect to the latest Standard Specifications of the New York State Department of Transportation, especially as to color, width and spacing of lines.

3.2 MAINTENANCE AND PROTECTION OF TRAFFIC

The Contractor shall maintain traffic at all times and with as little interference or inconvenience as possible. All traffic control and line protection shall be coordinated with the City’s Streets Bureau Working Supervisor.

3.3 INSPECTION

The City’s designated representative shall inspect all work done under this specification. The Contractor shall advise the City’s designated representative, at least one (1) workday before any application work shall be done or before resuming application after any delay or postponement.

The City’s designated representative shall have the authority to stop all work at any time when it is felt the workmanship does not conform to the specification requirements. In case of such work stoppage, work shall not be resumed by the Contractor until authorized by the Director after he is satisfied that faulty workmanship will be made good by the Contractor at Contractor's expense.

Should workmanship continue to not meet the specification requirements, the City’s designated representative may at their discretion, terminate their agreement.

3.4 DAILY REPORTING. During the course of performance of this work the Contractor shall submit a daily report. The report shall contain the following:

1. Personnel present.

2. Equipment present

3. Hours worked

4. Locations marked

The format of this report shall be approved by the City’s representative prior to the start of work.

3.5 DEFECTIVE WORK

Remove and replace any markings placed incorrectly, or repair those markings, which after application and drying, the Director or his designee, determines to be defective, as follows:

1. Insufficient thickness or line width, uneven line cross section – grind or blast clean defective material to remove a substantial amount of beads and to roughen the marking surface. Remove loose particles and debris with compressed air. Re-mark the cleaned surface as specified in this specification.

2. Complete this work at no additional cost to the City. If at any time the Director identifies segments of pavement marking that are deficient and below the required performance levels, the Contractor shall take action to correct those deficiencies within a time period of 60 days. If deficiencies are not corrected within this time frame, the City has the right to withhold payment from the Contractor until such time that the deficiencies have been proven to be corrected.

4.0 METHOD OF MEASUREMENT

The final payment to the Contractor shall be adjusted by the unit prices quoted in the bid to reflect the number of markings actually applied.

Gore striping shall be measured by the following method:

Plan Width of Striping (inches) x Feet 4 inches

No payment shall be made for the number of feet of gaps between broken or dotted line segments.

NYS Prevailing Wage Rates

The contractor MUST comply with the State of New York Prevailing Wage Rates and regulation for this project and all bids and prices should reflect those requirements. Certified payrolls will be required. Prevailing wage rates from the New York State Department of Labor are included in this packet.

QUESTIONNAIRE FORM FOR CITY SPECIFICATIONS

2024 STREET MARKING AND PAINTING

Is this quote in conformance with all specifications? Yes_____ No_____

If answer is no, quoter must identify and explain each exception taken and references made to each page and paragraph to which exception will apply:

It shall be understood that if no exception is taken, the vendor shall supply all material as specified.

CITY OF CANANDAIGUA BID FORM

The undersigned has read the bid notice and specifications and agrees to provide specialized painting services related to the marking and painting of the streets of the City of Canandaigua, New York, in accordance with said specifications and the following bid:

BID ITEMS:

A. Lump sum bid for entire project. $_________________ B. Adds/Deducts

1. Stop Bar per traffic lane $__________________

2. Type S Crosswalk per traffic lane $__________________

3. Type L Crosswalk per traffic lane $__________________

4. Type LS Crosswalk per traffic lane $__________________

5. Arrow (Left, Right or Straight) $__________________

6. Arrows Turn and Through Lane $__________________

7. Railroad Crossing $__________________

8. Linear Foot of Striping per 4-inch width $__________________ The contractor shall be responsible for compliance of all federal, state & local regulations, ordinances and laws governing transportation requirements.

Name and Title

Bidder/Contractor Signature

Company Name

Address

City State Zip

Phone Number Date

CITY OF CANANDAIGUA

NON-COLLUSIVE BID CERTIFICATION

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

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

2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Contractor and will not knowingly be disclosed by the Contractor prior to the opening, directly or indirectly, to any other Contractor or to any competitor;

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

4. The Contractor herein has carefully examined the annexed form of the contract and contract documents.

STATE OF __________________________

COUNTY OF _________________________

CITY OF ____________________________

________________________________
Signature of Contractor
_________________________________
Business Name

Sworn to and subscribed before me this day of , 2024.

__________________________________(Notary Public)

CITY OF CANANDAIGUA

AFFIRMATIVE ACTION/MINORITY AND WOMEN-OWNED

BUSINESS ENTERPRISE POLICY STATEMENT

The City of Canandaigua has been and will continue to be an equal opportunity organization. No Minority and Women-Owned Business Enterprise (MWBE) employee or applicant for employment will be discriminated against because of race, color, religion, national origin, sex, age, disability, sexual preference or Vietnam Era Veteran status. We will take affirmative action to ensure that MWBEs, applicants and employees are treated without regard to these characteristics. To carry out our policy, the City of Canandaigua will:

1. Include minority and women-owned businesses in our solicitations;

2. Recruit, hire, train, place and promote persons for all jobs without regard to race, religion, color, national origin, sex, age, disability, sexual preference or Vietnam Era Veteran status;

3. Take affirmative steps to ensure that MWBEs have full participation in our procurement process; and

4. Administer other personnel functions, such as compensation, benefits, transfers, layoffs, returns from layoffs, and company-sponsored training, education, tuition assistance and social and recreation programs without regard to race, religion, color, national origin, sex, age, disability, sexual preference or Vietnam Era Veteran status;

The City of Canandaigua will periodically analyze its procurement and personnel actions to ensure compliance with this policy.

The Equal Employment Opportunity/Minority and Women-Owned Business Enterprise Coordinator for the City of Canandaigua is John Goodwin, City Manager, 2 North Main Street, Canandaigua, New York, 585-396-5000. He is responsible for monitoring the facility's Affirmative Action/Minority and Women-Owned Business Enterprise Program and submitting required reports to appropriate locations. The coordinator is also the person to contact, if someone believes she/he has not been treated in accordance with our policy.

We ask your continued assistance and support in attaining the City of Canandaigua's objective of Equal Employment Opportunity/Minority and Women Owned Business Enterprise Opportunities

__ORIGINAL SIGNATURE ON FILE__

John Goodwin, City Manager

SAMPLE CONTRACT FOR PUBLIC WORK

THIS AGREEMENT made effective the ________ day of ___________, 2024, by and between the CITY OF CANANDAIGUA, a municipal corporation organized and existing under and by virtue of the Laws of the State of New York and being one of its political subdivisions, having its principal place of business at 2 North Main Street, Canandaigua, New York, 14424, Ontario County, New York, hereinafter called “City”, and __________________________, a corporation having offices at____________________, New York hereinafter called “Contractor”, pursuant to the provisions of the Charter and Ordinances of the City of Canandaigua, and of the General Municipal Law of the State of New York.

WHEREAS, the parties to this agreement, each in consideration of the agreements on the part of the other herein contained, the City, for itself, its successors and assigns, and the Contractor, for itself, and its successors, agree as follows:

1.SCOPE OF WORK.
a.Scope of work is __________________________________________________

b. The work shall commence not later than the ____st day of ________, 20__, and shall progress with due diligence and in the order and manner in which the City through its Department Head may reasonably require, said work to be completed on or before the ____st day of ___________ , 20__ .

c. It is understood and agreed between the parties hereto that no claim for damages or extra work shall be made in connection with this work except such as may be ordered in writing by the Department Head of the City with the approval, by resolution of the Canandaigua City Council and further evidenced by the execution of a supplemental agreement between the City and the Contractor.

d. It is further understood and agreed that title to all materials delivered upon the work paid for or partly paid for by the City shall vest in and become the property of the City.

2. TERM. The term shall be; _________________________.

3. CONSIDERATION. Consideration shall not exceed $ __________________.

Before payment is made by or on behalf of the City of any sum or sums due on account of this contract, the City shall require the Contractor and each and every subcontractor doing work contemplated by the terms of this contract to file a statement in writing, in a form satisfactory to the City, certifying to the amounts then due and owing to the Contractor or subcontractor filing such statement to any and all laborers on account of labor performed, setting forth therein the names of the persons to whom wages are due and the amount due to each respectively, which statement shall be verified by the oath of the Contractor or subcontractor as the case may be.

For each progress payment made prior to Substantial Completion of the Work, the City will withhold 5%, as retainage, from the payment otherwise due. Upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment.

4. INSURANCE. Contractor agrees to maintain insurance as specified by attached Appendix “B” and shall provide the Canandaigua Clerk/Treasurer with a certificate of insurance naming the City of Canandaigua as an additional insured. Self-employed persons must carry such workers’ compensation coverage as directed by the Clerk/Treasurer. If Workers’ Compensation Insurance is required by law and Contractor fails to provide it than this Agreement shall be void and of no effect unless the person or corporation making or performing the same shall secure compensation for the benefit of, and keep insured during the life of said contract, such employees, in compliance with the provisions of such law. The cost of obtaining any additional insurance shall be the responsibility of Contractor.

5.COMPLIANCE WITH RULES, REGULATIONS AND LAWS.
a.It is mutually agreed that all rules, regulations and laws pertaining hereto shall be deemed to be part of this Agreement, and anything contained herein that may be in whole or in part inconsistent therewith shall be deemed to be hereby amended and modified to comply with such legislation, rules, regulations and laws, for and during such time the same shall be in effect, but at no other time. If any provision contained herein is found now or during the life of this Agreement to be null and void, in whole or in part as a matter of law, then said clause or part hereof shall be deemed to be severed and deleted from this Agreement leaving all other clauses or parts thereof in full force and effect. It is further agreed that there shall be no gap in the coverage or applicability of said remaining clauses or parts thereof.

b. Contractor, if applicable, agrees to comply with the Federal Commercial Drivers License Drug and Alcohol Testing Program requirements set forth in 49 CFR Parts 40 and 382.

c.Every mechanic, laborer, and workman employed by the Contractor or by any subcontractor or other person about or upon the work contemplated by this contract shall be paid not less than the prevailing rate of wages as provided for by §220 of the Labor Law of the State of New York, to wit, there shall be paid to each employee engaged in work on the projects under this contract in the trade or occupation listed below not less than the hourly wage rate set opposite the occupation, namely: Heavy & Highway Construction Trades. If any other occupation is required in this work, the Contractor shall request the Department Head of the City for a supplemental schedule covering such occupation.
d.The Contractor shall post at conspicuous points at the site of the work, a schedule showing all determined minimum wage rates as specified in the contract to be paid for the various classes of mechanics, workmen and laborers employed on the work; and showing all authorized deductions, if any, from unpaid wages actually earned.
e.The City may require the Contractor or any subcontractor or other person performing any work contemplated by this contract or any extra work to file with the governing board of such City a schedule of the wages to be paid to such laborers, workmen and mechanics, and such Contractor shall, within 10 days after the receipt of written notice of such requirement, file with the City such schedule of wages.
f.Payment to each and every laborer, workman, and mechanic employed by the Contractor, any subcontractor or other person performing any work contemplated by this contract shall be made not less often than once in every week.
g.In the hiring of employees for the performance of work under this contract, no Contractor, subcontractor or other person engaged in the performance of any work contemplated by this contract shall, by reason of race, creed, color, disability, sex or national origin, discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates. No Contractor, subcontractor, or any person on his behalf, shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color, disability, sex or national origin. There may be deducted from the amount payable to the Contractor by the City, under this contract, a penalty of $50.00 for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this contract. This contract may be cancelled or terminated by the City, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or provisions of this paragraph.
h.In acceptance of this Agreement, Contractor covenants and certifies that it will comply in all respects with all Federal, State, County or other Municipal Law which pertains hereto regarding work on municipal contracts, matters of employment, length of hours, workers’ compensation and human rights.
6.GOVERNING LAW AND VENUE.
a.The Laws of the State of New York, excluding its choice of law provisions, shall govern and control the within Agreement. The parties agree to submit themselves in any legal action or proceeding arising out of or relating to this agreement, or for the recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the Supreme Court of the State of New York, Ontario County, if in State Court, or the courts of the United States District Court, Western District of New York, if in Federal Court, and all related appellate courts. The parties agree to be subject to personal jurisdiction in and consent to service of process issued by a court in which venue is proper as defined in this paragraph.
b.It is expressly understood and agreed that upon the refusal of the Contractor or any agent or employee of the Contractor, when called before a grand jury, to testify concerning any transaction or contract had with the State of New York, any political subdivision thereof, a public authority thereof or with any public department, agency or official of the State or of any political subdivision thereof or of any public authority thereof, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant questions concerning such transaction or contract shall cause the cancellation or termination of this contract and the City shall be liable to the Contractor only for goods delivered or work done prior to the time of the said cancellation or termination.
7.CONFLICT OF INTEREST. Contractor hereby stipulates and certifies that there is no member of the Canandaigua City Council or other Canandaigua City Officer or Employee forbidden by law to be interested in the Agreement directly or indirectly, who will benefit therefrom or who is a party thereto.

8. LICENSES. Contractor hereby agrees that it will obtain, at its own expense, all licenses or permits necessary for this work, if any are necessary prior to the commencement of said work.

9. WARRANTIES AND REPRESENTATIONS. Contractor warrants and represents, that it is qualified by training and experience to perform the services outlined in this Agreement.

10. CONFIDENTIAL INFORMATION. The Contractor agrees that any information or data obtained, documents produced, or any other material received by the Contractor during the furtherance of Contractor’s obligations in accordance with this Agreement will be treated by the Contractor in full confidence and will not be revealed to any other persons, firms, or organizations.

11. INDEPENDENT CONTRACTOR STATUS. Contractor covenants and agrees that it will conduct itself consistent with its status, said status being that of an independent contractor and that itself, its employees or agents will neither hold themselves out as, nor claim to be an officer or employee of the City of Canandaigua, for such purposes as, but not limited to, Workers’ Compensation coverage, Unemployment Insurance Benefits, Social Security or Retirement membership or credit.

12. HOLD HARMLESS. Contractor shall at all times save harmless the City of Canandaigua, its officers, and its employees, together with their officers, agents, servants, and employees, from and against any and all liability, losses, claims, suits, causes of action, costs, expenses, damages or judgments or for the defense or payment thereof, based on any claim, action or cause of action whatsoever, including any action for libel, slander, or personal injury, or any affiliated claims, by reason of any act or failure to properly act on the part of Contractor or its agents, officers, employees and/or sub-contractors and in particular as may arise from Contractor’s performance under this contract, except those arising out of any willful misconduct or grossly negligent act of City.

13. NOTICE OF INJURY. In the event that Contractor’s employee, agent, or sub-contractor is injured or causes injury or damage while in performance of services under this Agreement then Contractor shall cause written notice to be served upon the Canandaigua City Attorney at 2 North Main Street, Canandaigua, New York 14424 within twenty-four hours of any such injury or damage.

14. AUDIT. Contractor shall take such action, if applicable and as necessary and appropriate, to comply with Federal Circular A-128 or Circular A-133 relative to Single Audit of Federal Financial Assistance. In any event, Contractor shall provide the City with appropriate documentation should the City wish to conduct an audit relative to the expenditure of the funds pursuant to this agreement.

15. EXAMINATION OF BUDGET AND APPROPRIATION OF FUNDS. It is expressly understood by and between the parties that any and all payments made pursuant to the within contract may not be in an amount in excess of the sum appropriated therefore in the Budget. Contractor specifically acknowledges its responsibility to examine the Budget to assure itself that the within contract price complies with the amount appropriated therefore. Should the contract price exceed the amount appropriated for the object purpose of the contract, the within contract shall be unenforceable, unless approved by a majority of a roll call vote of the Canandaigua City Council. The contract shall be deemed executory only to the extent of money available to the City of Canandaigua for the performance of the terms hereof and the City of Canandaigua shall incur no liability, beyond monies available, for the purpose thereof.

The preceding clause shall not apply to contracts for provision of services where the State of New York or the U.S. Government mandates the payment and/or amount thereof. In that event, the Department Head represents that there is a funding source sufficient to pay for services provided pursuant to the contract.
In accordance with State Finance Law, the City shall have no liability under this Agreement to Contractor or to anyone else beyond funds appropriated and available for this contract.

16. TAXES. The City shall not be responsible for payment of any state or federal taxes, which may be incurred by Contractor, pursuant to this Agreement.

17. TERMINATION.

a.) The City may terminate this Agreement at any time with 30 days advance written notice if the City determines that Contractor is unable or unwilling to provide the services described in this Agreement or the Contractor fails to immediately correct any problems after notification of such problem from the City.

b.) The City may terminate this Agreement immediately upon written notice in the event of bankruptcy, insolvency, or any other financial condition creating reasonable doubt as to Contractor’s ability to perform hereunder.

c.) Upon written notice of termination from the City, the Contractor shall immediately cease all work under this Agreement and remit all outstanding funds, if any, due to the City.

d.) No such termination shall affect or discharge any obligations of either party, which arose prior to the effective date of termination with respect to warranties, indemnification, monies owed or confidential information.

18. CONFLICT OF TERMS. In the event that a conflict exists between the terms and conditions of this Agreement and any exhibits, appendices, or attachments hereto, that are proposed by Contractor, the terms and conditions of this Agreement shall control, unless such conflicting or additional terms are accepted in a writing making reference to this Agreement and signed by the City. Performance of the Scope of Work pursuant to this Agreement shall be deemed to be unqualified acceptance of the terms and conditions contained herein.

19. COUNTERPARTS. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.

20. ASSIGNABILITY. This contract may not be assigned, transferred, conveyed, sublet or disposed of without the previous consent, in writing, of the City of Canandaigua.

21. AMENDMENTS. This Agreement may be amended, modified or extended only by written instrument duly authorized and executed by the parties with the same formality as this Agreement.

22. WAIVER. The failure of the City to insist, in any one or more instances, upon the full performance of any of the terms and conditions of this Agreement, or to exercise any rights it may have hereunder, shall not be construed as a waiver of any legal rights it may have with respect to such nonperformance, or be construed as the City’s condoning of further nonperformance of such terms or conditions.

23. NOTICES. Any notice or consent required or permitted to be given pursuant to this Agreement shall be given to the respective parties in writing, by ordinary, first class mail or otherwise delivered to the addresses listed above, or any other addresses the parties may from time to time designate. Notices and consents, which are sent by mail, shall be deemed received by the other party five (5) days following their deposit in the U.S. Mail. Contractor agrees to accept service of process at the address listed above in any action brought by the City pursuant to this Agreement.

24. HEADINGS. Titles, captions, or headings to any provision, article, etc. shall not limit the full contents of the same. Each article has the same full force and effect as if no title existed.

25.MERGER CLAUSE.
a.The parties agree the foregoing and the attached exhibits constitute the entire Agreement between the parties and shall supersede any verbal statements or other writings, except an amendment, mutually agreed upon between the parties and in writing, and designated as an amendment to this Agreement, shall supersede or vary the positions herein.
b.Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to have been inserted herein, and if through mistake or otherwise, such provision is not inserted, then upon the application of either party, this contract shall be amended forthwith to make such insertion.
26.AUTHORIZATION. Each party asserts and acknowledges that the signatory indicated below is authorized and empowered to execute this Agreement on behalf of that party. Contractor acknowledges that this Agreement has no force and affect unless approved by the Canandaigua City Council.

27. PIGGY-BACK. Pursuant to NYS General Municipal Law §103(16) the City of Canandaigua certifies that this contract was awarded in compliance with the competitive bidding requirements of the State of New York for a competitive bids and agrees that the terms and conditions of such contract are available for use by other government entities and authorized Purchasers provided that Purchaser enters into a separate independent contract with Contractor and in said contract Purchaser accepts sole responsibility for any payment due the Vendor for services/material rendered to that Purchaser. However, it is understood that the extension of such contracts are entirely at the discretion of the Contractor and the Contractor is only bound to any contracts between the City of Canandaigua and the Contractor. This proposal in part or in whole shall become the basis of the awarded contract and must meet all applicable standards as set forth under NYS General Municipal Law, New York State Finance Law and or local resolutions or updated versions thereof. Extension of contract terms to another entity is strictly between the Contractor and participating entities and the City of Canandaigua shall be held harmless from any such activity. The City of Canandaigua reserves the right to be informed of any such activity without obligation, written or implied.

28. STATEMENT OF NON-INVESTMENT IN IRANIAN ENERGY SECTOR. Under penalty of perjury, Contractor, hereby certifies that to the best of its knowledge and belief, it is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of New York State Finance Law.

PAGE INTENTIONALLY LEFT BLANK.

SIGNATURE PAGE FOLLOWS

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.

CITY OF CANANDAIGUA

Dated: _________________________BY: ______________________________________
City Manager

CONTRACTOR

Dated: _________________________ BY: _______________________________________

STATE OF NEW YORK)

ss:
COUNTY OF)

On this __________ day of ____________________, 202__, before me personally came __________________________________, to me known, who, being by me duly sworn, did depose and say that he/she resides in the ___________________________, of ____________________New York; that he/she is the __________________________ of _____________________________, the corporation described in and which executed the above instrument; and that he/she signed his/her name thereto with the authority of and by order of the __________________________________________ of said corporation.

____________________________________
NOTARY PUBLIC

CITY OF CANANDAIGUA STANDARD INSURANCE REQUIREMENTS

Prior to commencement of work, delivery of services, acquisition of merchandise or equipment a Certificate of Insurance and a policy endorsement covering items A, B & C must be delivered to the City Department responsible for the agreement and to the City Clerk/Treasurer. A Certificate of insurance may be used to show coverage only.

ITEMS:

A."The City of Canandaigua, 2 North Main Street, Canandaigua, N.Y., 14424 shall be named as an additional insured on a primary and non-contributory basis"(for the purposes of coverage but not the payment of premium).
B.ACKNOWLEDGEMENT:The insurance companies providing coverage acknowledge that the named insured is entering into a contract with the City of Canandaigua in which the named insured agrees to defend, hold harmless, and indemnify the City, its officials, employees and agents against all claims resulting from work performed, material handled and services rendered. The contractual liability coverage evidenced will cover the liability assumed under the City-Contractor agreement.

C. Prior to non-renewal, cancellation or a change of converge on this policy, at least twenty (20) days advance written notice shall be given to City Clerk/Treasurer at City Hall, 2 North Main Street, Canandaigua, N.Y., 14424

MINIMUM COVERAGES AND LIMITS ARE

Workers' Compensation Coverage will be required for anyone doing any kind of work for the City of Canandaigua. This includes self-employed individuals. The City Clerk/Treasurer may NOT waive this requirement.

TYPE OF CONTRACT
COVERAGES REQUIRED
LIMITS REQUIRED
PROFESSIONAL SERVICES
PROFESSIONAL LIABILITY
MINIMUM $2,000,000
AUTO LIABILITY TO INCLUDE:OWNED,HIRED & NON OWNED
MINIMUM $2,000,000

WORKERS COMPENSATION

- must provide C-105.2 or U-26.3, SI-12 or GSI-105.2; or WC/DB-100 or 101 Certificates

STATUTORY

EMPLOYERS LIABILITY
STATUTORY
DISABILITY BENEFITS
STATUTORY
CONSTRUCTION & MAINTENANCE
COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PREMISES & OPERATIONS, PRODUCTS & COMPLETED OPERATIONS , INDEPENDENT CONTRACTOR, CONTRACTUAL, BROAD FORM PROPERTY DAMAGE, (XCU HAZARDS)
MINIMUM $2,000,000
AUTO LIABILITY TO INCLUDE: OWNED,HIRED,& NON OWNED
MINIMUM $2,000,000

WORKERS' COMPENSATION

STATUTORY

EMPLOYERS LIABILITY
STATUTORY
DISABILITY BENEFITS
STATUTORY
ACQUISITION OF SUPPLIES OR EQUIPMENT
COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PRODUCTS & COMPLETED OPERATIONS , CONTRACTUAL,BROAD FORM PROPERTY
MINIMUM $2,000,000

WORKERS' COMPENSATION

STATUTORY

EMPLOYERS LIABILITY
STATUTORY
DISABILITY BENEFITS
STATUTORY
CITY PROPERTY USED BY OTHERS
COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PREMISES & OPERATIONS, PRODUCTS & COMPLETED OPERATIONS , INDEPENDENT CONTRACTOR, CONTRACTUAL, PERSONAL INJURY, LIQUOR LEGAL LIABILITY
MINIMUM $2,000,000
AUTO LIABILITY TO INCLUDE: OWNED,HIRED,& NON OWNED
MINIMUM $2,000,000

WORKERS' COMPENSATION

STATUTORY

EMPLOYERS LIABILITY
STATUTORY
DISABILITY BENEFITS
STATUTORY

CONCESSIONAIRE SERVICES

LIVERY SERVICES

MUNICIPAL AGREEMENTS

COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PREMISES & OPERATIONS, PRODUCTS & COMPLETED OPERATIONS , INDEPENDENT CONTRACTOR, CONTRACTUAL, PERSONAL INJURY, LIQUOR LEGAL LIABILITY
MINIMUM $2,000,000
AUTO LIABILITY TO INCLUDE: OWNED,HIRED,& NON OWNED
MINIMUM $2,000,000

WORKERS' COMPENSATION

STATUTORY

EMPLOYERS LIABILITY
STATUTORY
DISABILITY BENEFITS
STATUTORY

Bid specifications, particular contracts, leases or agreements may require increased limits and or additional coverages. If there are questions please contact the City Clerk/Treasurer at 585-396-5000

APPENDIX A

NYS PREVAILING WAGE SCHEDULE

(To be furnished under separate email)

APPENDIX B

2024 PAVEMENT MARKING LIST

APPENDIX C

2024 PAVEMENT MARKING GORES

File details come from the government source that posted it. Updated .