21009 Bid Set - Proposal Section.pdf

PROPOSAL

Project Hemlock Filtration Plant HVAC Upgrades

Project No. 21009

Building No. 8.51

CONTRACT A – General Construction CONTRACT B – Mechanical Contract CONTRACT C – Electrical Contract

ISSUED: March 10, 2025

SUBMIT WITH THE BID PROPOSAL COPIES OF:

MWBE FORM P.1 MWBE PARTICIPATION PLAN PAGES 1 AND 2, AND FORM P.2 IF

NECESSARY, AS REQUIRED BY THE “MINORITY AND WOMEN BUSINESS ENTERPRISE

(MWBE) REQUIREMENTS”; AND

APPRENTICESHIP AGREEMENTS AND SUBCONTRACTOR DATA REQUIRED BY RULES; AND

REGULATIONS FOR THE “APPRENTICESHIP TRAINING PROGRAM FOR CONSTRUCTION

PROJECTS”; AND

SEPARATE SEALED ENVELOPE AS REQUIRED BY NYS WICKS LAW

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PROPOSAL TO

THE CITY OF ROCHESTER

CITY HALL, 30 CHURCH STREET

ROCHESTER, NEW YORK l4614

For Construction of: Hemlock Filtration Plant HVAC Upgrades Project Number: 21009 Building Address: 7412 Rix Hill Road, Hemlock, NY 14466 Building Number: 8.51

To the Purchasing Agent of the City of Rochester:

The Bidder affirms and declares:

1. The Bidder is the only one interested in this bid; and no person, firm, or corporation other than herein named has any interest in this bid, or in the Agreement proposed to be taken.

2. This bid is made without any connection with any other person, firm or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud.

3. No officer or employee or person whose salary is payable in whole or in part from the City of

Rochester’s treasury is directly or indirectly interested in this bid, or in the supplies, materials, equipment, work or labor to which it relates, or in any of the profits thereof.

4. The Bidder is not in arrears to the City of Rochester, New York, or any other public agency upon any debt or contract, and is not defaulter, as Surety or otherwise, upon any obligation to the City of

Rochester, New York, or any other public agency.

5. The Bidder has visited and examined the site of the work and has carefully examined the Contract

Documents and is satisfied as to all the quantities and conditions and understands that in signing this

Proposal the Bidder waives all rights to pleading any misunderstanding regarding the same.

6. The Bidder will provide, furnish and deliver all work, materials, supplies, tools, equipment, transportation necessary or required for this Project, all in strict conformity with the Contract Documents and in accordance with the prices entered by the Bidder on the attached Proposal form.

7. In a unit price Agreement, the Bidder will accept the unit bid prices in compensation for any additions or deductions caused by variations in quantities due to more accurate measurement or by any change or alterations in the Contract Documents.

8. The Bidder is aware that all interpretations of the Contract Documents are made by means of written addenda. Any objection arising out of an addendum subsequent to the opening of bids will not be considered. Failure of any Bidder to receive any addenda or to attend the reading of the bids will not relieve such Bidder from any obligation under the bid as submitted, including such addenda.

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9. The Bidder will execute the Agreement and furnish the necessary bonds and insurance certificates within ten (10) days after written notice of the award of the contract, or forfeit the bid deposit in partial satisfaction of damages.

10. The Bidder will complete the work within the number of calendar days or by the date specified in the Supplementary Instructions to Bidders.

11. The Bidder will comply with all local, state or federal laws, ordinances, rules or regulations controlling or limiting in any way its actions during the submission of bids and performance of the work including the following:

CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

A. The contract resulting from this bid shall be subject to the requirements of the Iran Divestment Act of 2012 (the “Act”), Chapter 1 of the 2012 Laws of New York, State Finance Law (SFL) Section 165-a and New York General Municipal Law Section 103-g both effective April 12, 2012. Under the Act, the

Commissioner of the Office of General Services (OGS) is responsible for developing a list of

“persons” who are engaged in “investment activities in Iran” (both are defined terms in the law) (the

“Prohibited Entities List”). The Prohibited Entities List as required by SFL Section 165-a (3) (b) is found on the OGS web site at: http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf.

B. CERTIFICATION. “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 paragraph (b) of Subdivision 3 of Section 165-a of the State Finance Law.”

C. Any bidder/contractor seeking to renew or extend this contract or assume the responsibility of the contract awarded in response to this bid solicitation must certify at the time the contract is renewed, extended or assigned that it is not included on the Prohibited Entities List.

D. During the term of the contract or any extension, should the City receive information that the contractor is in violation of the above referenced certification, the City will offer the person or entity an opportunity to respond. If the person or entity fails to demonstrate that the person or entity has ceased engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then the City shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages or declaring the contractor in default.

E. The City reserves the right to reject any bid or request for assignment for a bidder/contractor that appears on the Prohibited Entities List prior to the award of a contract and to pursue a responsibility review with respect to any bidder/contractor that is awarded a contract and subsequently appears on the Prohibited Entities List.

http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf

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NON-COLLUSIVE BIDDING CERTIFICATION

A. Every bid herein made to the City of Rochester, or official thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed, or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the Bidder and affirmed by such Bidder as true under the penalties or perjury: Non-collusive Bidding Certification.

(1) By submission of this bid, each Bidder and each person signing on behalf of the 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 their knowledge and belief:

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

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

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

(2) A bid shall not be considered for award nor shall any award be made where (1) (i) (ii) and (iii) above have not been complied with; provided however, that if in any case the Bidder cannot make the foregoing certification, the Bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore.

Where (1) (i) (ii) and (iii) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the City of Rochester to which the bid is made, or the designee, determines that such disclosure was not made for the purpose of restricting competition.

The fact that a Bidder: (a) has published price lists, rates, or tariffs covering items being procured; (b) has informed prospective customers of proposed or pending publication of new or revised price lists for such items; or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of subparagraph A (1).

B. Any bid hereafter made to the City of Rochester, or official thereof, by a corporate Bidder for work or services performed or to be performed, or goods sold or to be sold, where competitive bidding is required by statute, rule or regulation, and where such bid contains the certification referred to herein, shall be deemed to have been authorized by the Board of Directors of the Bidder and such authorization shall be deemed to include the signing and submission of the bid, and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.

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BID PROPOSAL SUBMISSIONS CHECKLIST

Complete and sign this checklist to verify that all required submissions are attached to the Bid.

An incomplete bid package that is missing the required forms will be declared informal and will not be considered for award.

No required apprenticeship material will be accepted after Bids have been opened.

Included Item Notes

_____ Bid Proposal

_____ Addenda issued for the Bid Sign and date each addendum issued for this Bid

OR

Bidder’s Apprenticeship Agreement(s)

Bid plus add alternates does not exceed $250,000

OR (multiple may be checked)

Bid plus add alternates exceeds $250,000

_____ AT-10 form(s) of Bidder attached

_____ AP3 form(s) of Bidder attached, if needed

_____ AP1.1 form

_____ Subcontractor AT-10 and AP3, if needed, for Subcontractors proposed for each subcontract that exceeds $100,000

AP1.2 Apprenticeship Waiver Request Form and supporting documentation submitted with bid.

_____ Write “NONE” in Subcontractor data area if no subcontract greater than $100,000 is proposed; and Submit Form

Required if Bid is greater than $250,000 See Special Instructions for Bidders SIB 9 and SLR 17 for details

New York State Department of Labor Form AT-10 for program sponsor

City of Rochester Form AP3 if Bidder is not the program sponsor

New York State Department of Labor Form AT-10 for program sponsor and City of Rochester Form AP3 if Subcontractors are not the program sponsor

City of Rochester Form AP1.2 required for Apprenticeship Agreement waiver(s) to be considered.

Subcontractor AT-10 and AP3 Forms are only required with this proposal if the Bid plus add alternates exceeds $250,000

_____ Workforce Goals Certification

The Bidder certifies understanding of and commitment to meet the 20% M and 6.9% W workforce goals incorporated in this contract per SIB 9 and SLR 20

(Checklist Page 1 of 2)

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Checklist (Page 2 of 2)

_____ Incentive Program Payment The Bidder expects to apply for the Incentive Program Payments upon completion of the project per SIB 15 and SLR 18 (check if Yes)

_____ Bid Bond Submit Bid Bond - not required for bids less than $100,000 (page P-8)

Apprenticeship Forms AP1.1, AP1.2 if required and AP3

Complete forms, sign and date (pages P-11 thru P-16)

_____ MWBE Form P.1 and P.2, if required Submit MWBE PARTICIPATION PLAN per SIB 9 and SLR 19 (pages P-18 thru P-22)

_____ Consultant/Contractor Information Form Complete form (pages P-23 thru P-24)

“Subcontractor Data” Sealed Envelope A separate sealed envelope with a list of subcontractors and contract amount(s) (GC, M, E, and/or P as applicable) for NY State Wicks Law.

Refer to Section SIB 16 for details).

I am an authorized representative for the Bidder named below. The Bidder understands that its Bid may be deemed informal and not considered for contract award by the City if the information required above is not submitted with the Bid.

Signature: ____________________________________________ Corporate Seal:

Signed By (print): ______________________________________

Title: ________________________________ Date: __________

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The undersigned proposes to complete:

PROJECT TITLE: Hemlock Filtration Plant HVAC Upgrades

PROJECT NO. 21009

[LUMP SUM CONTRACT]

in accordance with the City of Rochester Standard Construction Contract Documents, November 1, 1991 Edition and the Contract Proposal Book for this Project for the LUMP SUM price shown in this Proposal.

WRITTEN FIGURES

TOTAL BASE BID

I, the undersigned Bidder, acknowledge and accept that this contract contains MWBE and/or DBE Goals in the amounts specified in these Contract Documents. In particular I, the undersigned Bidder, affirm that I have read and understand the MWBE and/or DBE requirements contained in the Contract Documents, and agree to meet these requirements.

LEGAL NAME OF PERSON, FIRM OR CORPORATION

SIGNED BY:

TITLE:

WITNESSED BY:

P. O. ADDRESS OF BIDDER: CORPORATE SEAL

________________________________________ STREET

________________________________________ CITY AND STATE

________________________________________ TELEPHONE NUMBER

________________________________________ PROJECT MANAGER

________________________________________ E-MAIL ADDRESS

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CITY OF ROCHESTER, NEW YORK

DEPARTMENT OF ENVIRONMENTAL SERVICES

CONTINGENT ITEMS

SEE THE CITY OF ROCHESTER’S WEBSITE AT

https://www.cityofrochester.gov/article.aspx?id=8589949007

September 15, 2023

No contingent items are anticipated on this project.

https://www.cityofrochester.gov/article.aspx?id=8589949007

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BID BOND

Bond Number ____________________

KNOW ALL PERSONS BY THESE PRESENTS:

That ________________________________________ of

___________________________________ _________________________ as Principal, and

__________________________________________ a corporation organized and existing under the laws of ______________________________________ and authorized to do business in the State of

New York, as Surety, are held and firmly bound unto

________________________________________________________ as Obligee, in the full and just sum of _____________________________________________________________________ Dollars

( $ ______________________________ ), lawfully money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these present.

WHEREAS, the said Principal is herewith submitting its Proposal.

THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof.

Signed, sealed and delivered ________________________________________ date

(Seal)

(Seal)

Attorney-in Fact

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Apprenticeship Training Program for Construction Contracts

1. Policy and Regulations.

By Ordinance 2003-347 of the City Council, as amended by Ordinance 2009-76, the City of Rochester established a policy to promote apprenticeship training programs, as authorized by Section 816-b of the New York State Labor Law. This policy applies to any City construction contract for an amount in excess of $250,000, or if any add/deduct alternates alone or in combination could result in a contract amount award that exceeds $250,000, regardless of the base bid amount, for construction, reconstruction, or improvement of any building, facility, or physical structure of any kind, and any subcontract thereto in excess of $100,000. Regulations for the implementation and enforcement of the apprenticeship policy follow.

2. Requirement for Contractors and Subcontractors.

For any bids subject to the apprenticeship requirements as defined in Section 1, the City of Rochester requires the Contractor, prior to entering into the construction contract, and any Subcontractor proposed to perform a subcontract thereto in excess of $100,000, to have apprenticeship agreements, appropriate for the type and scope of work to be performed and which have been registered with and approved by the New York State Commissioner of Labor in accordance with Article 23 of the New York Labor Law.

3. Submittals with Bid Proposal.

The Bidder shall submit for itself and for any Subcontractor(s) whom the Bidder proposes at the time of the bid to perform a subcontract in excess of $100,000 in value, copies of the following documents with the bid Proposal for each apprenticeship training program, approved by the New York State Department of Labor, or waiver request, which the Bidder or Subcontractor(s) will need to satisfy the requirements of the Apprenticeship Training Program requirement:

1. If the Bidder is sponsor of an apprenticeship training program, a copy of the Form AT-10, “New York State Department of Labor Apprenticeship Training Program Registration Agreement”, issued to the Bidder in approval of that apprenticeship training program.

2. If the Bidder does not self-sponsor an apprenticeship program but is party to an agreement with the sponsor of apprentices who are enrolled in an apprenticeship training program that is sponsored by a trade union, a joint apprenticeship committee, or other organization other than the Bidder,

a. An “Agreement to Utilize Apprentices for a City Construction Contract” form (City Form AP3) signed by the Bidder and the apprenticeship training program sponsor; and

b. A copy of the current “New York State Department of Labor Apprenticeship Training Program Registration Agreement”, Form AT-10, issued to the sponsor in approval of that program.

3. The Bidder shall also submit with the bid package, the following:

a. City Form AP1.1, “Schedule of Subcontracts and Apprenticeship Agreements,” a listing of any contractor proposed to hold a subcontract that exceeds $100,000 in value, including the name of the subcontractor, the scope and value of work proposed to be performed, and the name of any apprenticeship trade for which an approved apprenticeship agreement will be submitted; and

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b. Copies of approved apprenticeship agreements as detailed in 2.a and 2.b above that are held by the proposed subcontractors and intended to meet the requirements of the Apprenticeship Training Program.

c. City Form AP1.2, complete with supporting documentation, for all waiver requests.

d. An Excel spreadsheet version of City Form AP1.1 is available on request.

4. Any apprenticeship agreement submitted shall be:

a. Submitted completely with Bid;

b. Current and valid;

c. Represent an apprenticeship training program that is active and in good standing with the New York State Department of Labor; and

d. Appropriate to the scope and nature of the work to be performed under the contract.

5. Apprenticeship waiver requests shall be complete with supporting documentation.

Submission of waiver requests using form AP1.2 does not guarantee acceptance of waivers.

6. Submit complete apprenticeship documentation with Bid proposal. An incomplete package will be declared informal and will not be considered for award.

4. Enforcement.

If the Bidder fails to comply with the requirements of the “Apprenticeship Training Program for Construction Contracts”, the City will deem the Bidder non-responsive and disqualify the Bidder from consideration for the pending contract.

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Form AP1.1 Schedule of Subcontracts and Apprenticeship Agreements.

Copies of this form are available on request

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Form AP3 (11/12)

Agreement to Utilize Apprentices on a

City of Rochester Construction Contract

To be used when a Bidder on a City of Rochester construction contract utilizes one or more apprentices supplied by an apprenticeship training program that the Bidder does not sponsor to satisfy the requirements of the City of Rochester Apprenticeship Training Program.

Bidder: _____________________________________________________, “Bidder”

Apprenticeship Training Program Sponsor: ____________________________________________________, “Sponsor”

ATTACH VALID NYSDOL AT-10 FORM

City of Rochester Construction Contract: ____________________________________________________, “Contract”

The Bidder and sponsor agree as follows:

1. The sponsor will provide the Bidder with one or more apprentices for employment on the contract in the following occupation. Each apprentice is enrolled in an active apprentice training program that is registered with, approved by, and is in good standing with the New York State Department of Labor and has an apprenticeship agreement that has been registered with, and approved by, the New York State Commissioner of Labor in accordance with Article 23 of the New York State Labor Law:

Occupation

2. The Bidder will employ the apprentice(s) to perform work on the contract under terms and conditions applicable to construction contract work in New York State.

Attach a copy of the sponsor’s currently valid and signed New York State Department of Labor form AT-10, “Apprentice Training Program Registration Agreement”, for the occupation listed above.

ss/ __________________________________ ss/ __________________________________ Bidder Representative Sponsor Representative ss/ __________________________________ __________________________________ Date Date

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Form AP1.2 Apprenticeship Waiver Request Form

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Minority and Women Business Enterprise (M/WBE) Participation Plan

1. Requirements.

The City of Rochester requires any Contractor, prior to entering into a construction contract with the City of Rochester, to have an M/WBE Utilization Plan submitted to and approved by the City.

2. Submittals with Bid Proposal.

Bidders must submit with their bid a completed M/WBE Form P.1 – the M/WBE Participation Plan, pages 1 and 2 and Form P.2, if required.

This Plan indicates the M/WBE subcontractors the bidder intends to utilize if awarded this contract in order to fulfill the M/WBE goals. Form P.1, Page 1, lists the names of each subcontractor the bidder intends to use, the M/WBE classification, the type of work that the subcontractor will do, the proposed dollar amount of the subcontract and the percentage of the base bid amount. On Form P.1, Page 2, the bidder must indicate at what stage, or stages, each M/WBE subcontractor is expected to be utilized.

The Bidder must complete and submit Form P.2, if the Bidder is not meeting the 20% M and 10% W goals and waivers are requested.

The City may reject the Bidder’s submittal as invalid or incomplete if the Bidder fails to submit a completed MWBE Form P.1 pages 1 and 2 and Form P.2, if required.

3. Enforcement.

A completed waiver request application shall be included in bids that do not meet the requirements for the “Minority and Women Business Enterprise (M/WBE) Participation Plan,” required by Subsection SLR 19 of the Supplementary Laws and Regulations. The M/WBE Officer will work with the lowest qualified bidder to consider the need for adjustment in the goals to compensate for gaps in the M/WBE arena during the award process based on the submitted waiver request application, complete with supporting documentation. If the included waiver request application is incomplete or insufficient, the City will deem the bidder non-responsive and disqualify the Bidder from consideration for the pending contract.

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Form P.1 MWBE Participation Plan

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Form P.1 MWBE Participation Plan

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Form P.2 MWBE Waiver Request Form

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