523430 SIDEWALK SNOWPLOWING INITIAL SEASON 2025-2026.pdf

Phone: 585.428.7041 Fax: 585.428.6038 TTY: 585.428.6054 EEO/ADA Employer

PRINTED NAME OF BIDDER

SIDEWALK SNOWPLOWING INITIAL SEASON 2025-2026

Invitation to Bid No. 523430 Issued: July 14, 2025

PURCHASING BUREAU CONTACT: Jonathan Jean, Senior Purchaser, 585-428-8328

BID CLOSING DATE: Monday, August 4, 2025 at 11:00 A.M Join Zoom Meeting https://cityofrochester.zoom.us/j/3047926947

Meeting ID: 3047926947 Passcode: 3047926947

Sealed Bids must be submitted in hard copy to the Office of the Director of Purchasing, City Hall Room 105A, Rochester, NY 14614, prior to the closing date and time, after which all bids properly received will be opened, read and recorded via Zoom you may join the meeting in real time. Electronic bids submitted through BidNet will not be accepted. Business checks and cash are not permitted.

This Invitation to Bid includes the Terms and Conditions specified herein, the Proposal, the attached General Terms and Conditions and Instructions to Bidders, and any addenda and other documents and/or specifications incorporated by reference herein.

PRE-BID MEETING: Wednesday, July 30, 2025 at 11:00 A.M

Meeting ID: 3047926947

CONTRACT CHARACTERISTICS

Type of Contract: TERM CONTRACT, ONE YEAR, WITH OPTION TO EXTEND

Bid Security Required:$1,000.00 PER ROUTE TIMES MAXIMUM NUMBER OF ROUTES, SEE

SECTION 1 OF PROPOSAL PAGE AND SECTION 17.1

Performance Security Required:$1,000.00 PER ROUTE, SEE SECTION 17.2

Insurance Requirement: YES, SEE SECTION 16

Samples Requirement: NONE

Descriptive Literature/Technical Data Requirement: NONE

Bidder Identification Documents Requirement: YES, SEE SECTION 19

BIDDERS: Please note that prices, company identification and authorized signature are to be entered on the Proposal which appears at the end of the specification.

Bureau of Purchasing City Hall Room 105 A, 30 Church Street Rochester, New York 14614-1290 www.cityofrochester.gov

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1. SCOPE

1.1 It is the intention of the City of Rochester to enter into contracts with competent and responsive contractors for plowing the City of Rochester's residential sidewalk routes in the manner described herein.

1.2 The contractor must supply a suitable, well maintained vehicle in excellent operating condition, as specified in Section 9, with an operator, for each route that is awarded. Additionally, one (1) vehicle must be provided as back-up for every three (3) routes awarded. All equipment intended for use in snowplowing City sidewalks will be subject to passing a minimum of two (2) inspections administered by the City.

1.3 The City is contracting for two types of snowplowing services:

1.3.1 The most frequently used service will be a full run. The contractor will be paid the amount bid, per run, per route, for satisfactory completion of the route. The average route is approximately 80,000 feet long. Each route is shown on the maps in these specifications. The City reserves the right to increase or decrease the size of the route shown on each map by up to five (5%) percent during this contract while still paying the price bid. The City reserves the right to treat each route independently and to order service on one or more routes at any given time.

1.3.2 On an as-needed basis, the City may call for hourly sidewalk snowplowing service. The contractor shall perform such service wherever required and shall be paid at the hourly rate for that route.

1.3.3 Per-hour work will be delegated to the contractor for the services on the contractor’s own routes, the routes of other contractors, or in any manner required at the sole discretion of the Director of Operations or an authorized representative.

1.4 In consideration of the need to reserve equipment to meet the needs of this contract, the City will guarantee payment of a minimum of $10,000 per route to the contractor during this contract if the contractor fully performs the services of this contract to the satisfaction of the City.

1.5 Bidders should carefully review the Insurance Requirements of Section 16, and must certify on the Proposal that they have or can obtain the insurance specified. Successful bidder must submit all insurance endorsements (in addition to an Acord) as requested by the City.

1.6 FOR THIS BID, the successful bidders must provide: the driver; driver’s license and driver’s cell number; certificate of insurance and insurance endorsements; New York State vehicle registration; equipment information; and vehicle storage information as specified herein to the Director of Purchasing within five (5) days of Notification of Award. Upon approval of required documents, the City shall authorize the successful bidders to participate in a vehicle inspection.

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1.7 Bidders are expected to fully inform themselves as to the conditions, requirements and specifications before submitting bids. Failure to do so will be at the bidder's risk and bidder cannot secure relief on the plea of error.

1.8 Bidders should refer to the route maps and driving directions in Appendix A, Maps &

Driving Directions.

1.9 Prospective bidders are urged to attend. Bidders are expected to fully inform themselves as to the conditions, requirements and specifications before submitting bids.

Failure to do so will be at the bidder's risk and bidder cannot secure relief on the plea of error.

1.10 PRE-BID CONFERENCE

A PRE-BID CONFERENCE will be held:

Wednesday, July 30, 2025 at 11:00 A.M

1.10.1 Potential bidders are strongly urged to attend. However, bidders with less than five (5) years of snowplowing experience must attend the Pre-Bid Conference.

1.10.2 Bidders are expected to fully inform themselves as to the conditions, requirements and specifications before submitting bids. Failure to do so will be at the bidder's risk and bidder cannot secure relief on the plea of error.

2. TERM OF CONTRACT

2.1 It is intention of the City to enter into a contract for a term of one year commencing on date of award and ending on June 30, 2026.

2.2 The contract with the City will start upon issuance of a contract award notification. The contract shall run from the date of contract award until June 30 of the following year.

The contractor will be obligated to meet the terms and conditions of the contract through the contract term.

2.3 The contract will require the contractor to provide snowplowing services as specified for one season. The snowplow season starts on October 15 and ends on April 15 of the following year, unless extended by the City.

2.4 The City reserves the right to extend the contract for up to two (2) additional seasons.

The contract extension will start on the date of contract extension award notification and end on June 30 of the extension period. Each season will start on October 15 and end on April 15 of the following year unless changed by the City.

2.5 If a contract is extended the prices for each route may be adjusted annually per the consumer price index (CPI), per Section 15.3.

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3. METHOD OF AWARD

3.1 The City intends to award a contract to the responsive and responsible bidder whose bid is the lowest best value offer to the City on a route-by-route basis.

3.2 For purposes of this bid, if one or more bids are submitted by a business certified as an

MWBE business by New York State on the date of the bid, the MWBE bidder(s) shall receive a five percent (5%) price advantage over non-MWBE bidders pursuant to Section 8 of Ordinance No. 2018-54. The lowest best value offer shall be defined as the lowest bid after adjusting for any MWBE price advantage. For example, if three bids are received, one for $100.00, one for $103.00, and one by an MWBE business for $105.00., the lowest best value offer would be the bid submitted by the MWBE business for $105.00. If instead the MWBE business submitted a bid for $105.01, the lowest best value offer would be the bid for $100.00. If award of the contract is based upon award by total bid, or by group, or by item, the City reserves the right to determine its lowest best value offer based upon total bid, group and per item prices offered.

3.3 Award will be made to the best value bidder, by route. The City will award as many routes as possible to those contractors using tractor type plows (four tires as opposed to a track vehicle) that are capable of plowing thirty (30) inches or more of snow from one storm. These tractor type vehicles shall be capable of plowing snow of the aforementioned depth without riding over the top of the snow.

3.3.1 A bidder will be awarded no more routes than the limit set forth on the proposal by the bidder.

3.3.2 If a bidder is low on more routes than allowed by the self-imposed limit, selection of the routes to be awarded will be made by the Director of Purchasing in the best interest of the City of Rochester.

3.3.3 The City reserves the right to reject any individual bid, by route or in total, where the price bid is deemed excessive.

3.3.4 A bidder may bid either a tractor or a non-tractor type of equipment, per route.

However, a bidder may only submit a bid for one (1) type of equipment for route.

Bidders may not bid two types of equipment per route. If two types of equipment are bid on a route, the bid for that route will be declared informal and will not be accepted.

3.3.5 If the City receives bids on a route for both a tractor and a non-tractor type of sidewalk plow, the City may award to the contractor who bids a tractor type plow, if that bid is within 15% of the low bidder with a track type plow.

3.3.6 At the discretion of the Director of Purchasing and/or the Commissioner of

Environmental Services, the City reserves the right to reject any or all bids for any route.

4. REJECTION OF PROPOSALS AND LIMIT OF AWARDS

4.1 The contractor and the City acknowledge that effective snowplowing is of crucial importance to the safety and well-being of its residents. The bidder further acknowledges that the burden of proof rests with the bidder to demonstrate that he/she can meet the contract requirements. Therefore, the City may limit the

523430 4 number of routes awarded or reject the bids of any contractor at its sole discretion based on the following:

4.1.1 Past history of poor performance under contracts of similar scope.

4.1.2 Contractor's or company principal’s financial stability or size of contractor’s facilities.

4.1.3 Has as an officer, partner, principal, or employs any person with a history of failing to provide timely, quality, safe and complete service on snowplowing or other contracts of a similar nature.

4.1.4 Proposes the use of equipment with a history of failing to meet the City's requests for service or to perform snowplowing services or other contracts of a similar nature in a satisfactory manner.

4.1.5 Is in violation of any Federal, State or local laws, codes, etc.

4.1.6 Equipment that may pose a hazard due to the structural integrity.

4.2 The decision to limit the number of routes will be made by the Commissioner of Environmental Services prior to award. The Director of Purchasing shall notify the contractor in writing that such a determination has been made. The contractor shall have five (5) days after receipt of the determination to appeal to the Commissioner. Based upon information supplied at the Appeal, the Commissioner will make a final determination. The Commissioner's final determination will be used to make contract awards.

4.3 If the contractor is not awarded all the routes for which he/she submits the low bid, the Commissioner of Environmental Services will recommend to the Director of Purchasing which routes should be awarded to that contractor. The contractor must accept award on those routes. For example, if a contractor fails to provide a vehicle which passes the City inspection, the Commissioner of Environmental Services will determine which route will be forfeited. The remaining vehicles which pass inspection (if applicable) must be re-assigned to the remaining routes (if any) awarded to the contractor.

4.4 By submitting a bid, the contractor acknowledges acceptance of the process described in this section, and of the Commissioner's right to make a final determination without further appeal by the contractor.

5. DISQUALIFICATION FROM RE-BID

A bidder who fails to make submissions as required by these specifications or fails to comply with any other bid specification, may be declared ineligible to bid on other Snowplowing re-bid offerings for the current plow season.

6. RESPONSIBILITIES OF THE CONTRACTOR

6.1 In order to fulfill the requirements of this contract, the contractor must provide equipment and operators as specified herein in a timely manner to properly plow the City's sidewalks upon request. In order to help insure that a contractor will be able to carry out this responsibility, the City sets forth the following specific responsibilities which the contractor accepts as conditions of this contract. The

523430 5 list provided below is not intended to be all-inclusive of the items required to perform this contract properly, but to emphasize certain requirements which the City expects will be met.

6.2 RESPONSIBILITIES DURING BID/AWARD PROCESS

The contractor accepts responsibility to do the following in accordance with instructions from the Director of Purchasing:

6.2.1 Become completely familiar with the bid documents.

6.2.2 Submit a properly completed bid, which includes a bid security of $1,000 per route bid, the telephone numbers to be used during the contract and the date by which all vehicles will be inspected. Submitting a bid obligates a bidder to provide one (1) vehicle per route awarded, plus backup equipment as specified.

The bid security must be either a certified or bank check or an irrevocable letter of credit on a form acceptable to the City.

If a letter of credit is used, the language must indicate that it is to be used as bid security which then converts to performance security upon contract award and is valid for the term of the contract.

6.2.3 Prior to award, submit evidence satisfactory to the Director of Purchasing and/or the Commissioner of Environmental Services that the contractor can fulfill the requirements of this contract for each route awarded. Such evidence may include, but not be limited to:

A. Adequacy of contractor's facilities and equipment including all information necessary to comply with section 6.6 below

B. Satisfactory completion of contracts similar in size and nature.

Performance must, upon request of the City, be attested to by at least three (3) references.

C. Any evidence required must be submitted within three (3) days of request or the City may reject the bid and retain the bid security.

6.2.4 Submit at least one (1) telephone number to be used to contact the contractor as set forth in Section 6.7. At least one (1) but no more than three

(3) telephone numbers must be provided with the bid. Please provide a valid email address.

6.2.5 Assign in writing one (1) specific vehicle to each route and provide one

(1) back-up vehicle for every three (3) routes awarded.

6.2.6 The City of Rochester may issue the plowing contractor a hardwired or GPS-enabled cellular phone for any or all routes awarded. If such device is capable of communicating with the City’s Snow Office, then the contractor must notify the Snow Office at the start of the run and again at the end of the run using the City issued device(s). The contractor must utilize the device(s) for each route and each run from start to finish. The contractor may use the device(s) to communicate with his/her employee on snowplow-related business, if necessary.

The intention for using these devices is to track plow equipment and allow the City’s Snow Office Personnel to contact the contractor and view the contractor’s

523430 6 vehicle location via computer monitors. The contractor will be financially responsible for any lost or damage of City issued communication/GPS device(s).

6.3 DOCUMENTATION SUBMISSIONS AND RESPONSIBILITIES PRIOR TO

VEHICLE INSPECTIONS

6.3.1 The contractor accepts full responsibility to provide one (1) vehicle per route awarded, and one back-up vehicle for every three (3) routes awarded. All vehicles, including back-up vehicles, must be inspected.

A. Vehicles shall be inspected on the date determined by the City and at the location determined by the City. The contractor must assume all responsibility for arranging an inspection by the City no later than that date. Failure by the contractor to have all vehicles inspected by that date may lead to forfeiture of the bid/performance security and/or default of the contract. In no event will a date later than October 15 of the current plow season be acceptable to the City. The contractor must allow time for repairs if the equipment does not pass the inspection. Therefore, it is strongly recommended that contractors schedule inspections in early October. Inspections may be scheduled at any time after award.

B. Prior to having a vehicle inspected, the Bidder must prove to the Director of Purchasing that they own, or will have, the vehicle(s) to perform this contract, by submitting the items listed below to the Director of Purchasing before the date of Vehicle Inspection or before October 15, whichever comes first. Upon receipt of the items listed in this section, the Director of Purchasing will issue an inspection authorization slip. The Director of Purchasing will not issue an authorization slip approving the contractor for participation in the vehicle inspection until all the required items have been submitted. It is the contractor's responsibility to provide the necessary documents to Purchasing so that the inspection authorization slip can be issued.

1. A Certificate of Title

2. A current New York State Registration for full year or seasonal use. A New York State Registration which is not in effect on the date specified in the Notice of Award will not be considered as valid proof of ownership. It will not be accepted in lieu of a Certificate of Title. Vehicles used as seasonal snow vehicles must be registered for the current new plow season by the date specified in the Notice of Award.

3. A properly executed purchase agreement, if applicable, on a form acceptable to the City. The guaranteed delivery date must occur no later than the inspection date specified in the Notice of Award.

4. A vehicle or equipment lease, if applicable, on a form acceptable to the City with a starting date no later than the date specified in the Notice of Award and ending no earlier than April 30 of that plow season.

5. Proof that the contractor has Worker's Compensation

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Insurance, Disability Insurance, Contractor's General Liability Insurance, and Motor Vehicle Insurance for each vehicle as required in Section 16 in this contract.

6. The contractor must state which vehicle will be assigned to each route, by serial number. City ID# will be affixed to windshield of each vehicle. If no windshield, the ID# will be attached to the top right hand front of vehicle structure just behind the plow.

C. The City reserves the right to schedule alternate inspection dates if the dates contractors choose cause an overload on the City's inspectors. The contractor must agree to be inspected at the time(s) set by the City under this condition.

D. Each vehicle must have passed the initial inspection and be ready to plow by October 15 or the date of inspection. Failure to have plows mounted and inspected by that date may result in default of the contract.

E. The second inspection is expected to occur in mid-winter at times to be designated by the City. This will generally occur in the last two weeks of January, depending on weather and work load conditions.

6.3.2 The contractor must schedule the inspections through the City's Snow Office, either in writing or by calling (585) 428-7092.

A. The City's Inspectors will be open for appointments from 8:00 a.m.

through 2:00 p.m., Monday through Friday.

B. Failure to schedule an inspection or show up for a scheduled inspection shall be solely the fault of the contractor. The City will not assume any responsibility or liability for failure of the contractor to have the vehicle inspected.

C. Inspections may be made at the bidder's facility. The contractor is obligated to assist the City in coordinating a mutually convenient time within the time parameters stated herein.

6.3.3 The contractor may not schedule the initial inspection until the Purchasing Agent has issued an authorization.

6.3.4 Each vehicle at the time of inspection must fully meet all conditions set forth in Section 9 of this contract.

A. If a vehicle does not pass the inspection the first time, the contractor may modify the vehicle and request a re-inspection or may supply another piece of equipment after submitting necessary documentation to the Director of Purchasing and receiving a new authorization.

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B. However, the contractor will not be given a third opportunity to pass an inspection if either the original or the replacement equipment fails the second inspection.

6.4 RESPONSIBILITIES FOR PLOWS

The contractor must supply a plow in excellent working condition and sufficiently sized to perform the contract at the time of the vehicle inspection. The contractor's plow must meet the specifications set forth in Section 10.

6.5 RESPONSIBILITIES FOR EQUIPMENT AND DRIVER

6.5.1 The contractor must supply plowing equipment which is in excellent working condition and sufficiently sized and with adequate horsepower, to perform this contract. The plowing equipment must be maintained in excellent working condition for the entire contract term. The equipment must meet all conditions set forth in Sections 9 and 10 of this specification during the entire contract period. The vehicle must also meet any and all NY State License, Registration and Safety requirements. The contractor must, upon request by the City, provide License, Motor Vehicle Registration, and Insurance Certificates at any time during this contract for inspection by the City.

6.5.2 The contractor must also supply a fully qualified, licensed and responsible driver for that equipment. The contractor must supply the name(s) of the driver(s) for each vehicle to the Snow Office at the beginning of each plow run via fax or phone.

6.5.3 The City reserves the right to reject and disqualify any driver with a poor history of performing this type of service. The City also reserves the right to prohibit any driver from plowing a particular run if the driver exhibits behavior which the City inspector believes will result or has resulted in unacceptable performance. The contractor will be immediately notified if the City rejects or prohibits a driver from plowing, and the contractor shall make a replacement driver available within sixty

(60) minutes. Replacing a driver will fall under the same requirements as if the contractor's equipment fails, as set forth in Section 6.8.2.

6.5.4 The contractor shall provide a copy of the driver’s license for each driver who will operate a plow during a plow run throughout the snow season.

6.5.5 The contractor must provide licenses for each operator prior to October 30, of the current plow season. Any drivers added during the season must have a copy of their license on file with the snow office before they will be allowed to operate a piece of equipment.

6.6 CONTRACTOR EQUIPMENT/VEHICLE STORAGE FACILITIES

6.6.1 The contractor must own or lease, for the term of this agreement, equipment and premises from which the contractor may legally operate and perform the services required under this Agreement, which shall include sufficient space for the storage of all snowplowing vehicles and equipment. In the event that the premises are leased, the contractor must provide the City proof that the lease term will extend through the term of this Agreement. In the event that the premises owned or leased by the contractor are located outside the city of Rochester, Contractor must provide proof that the contractor’s operations, 523430 9 including the storage of snowplowing vehicles and equipment, are legally permitted on the premises.

6.7 RESPONSIBILITIES DURING SNOW SEASON

Between October 15 and April 15, or other dates as required by the Commissioner of Environmental Services, the contractor must:

6.7.1 Maintain a system whereby the City can contact the contractor at a specified telephone number for 24 hours a day, 7 days a week. The contractor must supply one primary telephone number and two additional secondary numbers, but not more than three telephone numbers total (one being a cell phone) to the City for this purpose.

A. The City will make two (2) attempts to reach the contractor at each number supplied. However, failure of the City to reach the contractor at the specified telephone number shall not relieve the contractor of the responsibility to start plowing at the designated time.

6.7.2 Be prepared to start plowing each route when notified by the City.

A. The City will under normal circumstances allow approximately two (2) hours between notification and the start time.

B. Failure to start at the specified time may be cause for the City to have that route plowed by other means which will result in penalties to the contractor.

1. Penalties include but are not limited to a $500 fine and loss of payment for that run to be deducted from the guaranteed minimum and the cash flow amount. Penalties are further described in Section 13.

6.7.3 Notify the City if any equipment is out of service.

A. If the City has been so notified prior to a call for a snow run, such notice shall relieve the contractor of the $500 penalty for failure to start the run on time. This relief may not apply after the first missed run.

B. The contractor must notify the City when the equipment is returned to service. Equipment must be returned to service as soon as possible.

C. The City will plow the route by other means until the contractor notifies the Snow Office that the equipment is back in service.

6.8 RESPONSIBILITIES DURING A SNOW RUN

6.8.1 Once a snow run has been called by the City, the contractor must:

A. Have all sidewalk plows travel on the road while enroute to their assigned plow route.

B. Arrive at the designated meeting point at the designated start time. This will under normal circumstances be approximately two (2) hours after

523430 10 verbal notification by the City. However, it may be less than two (2) hours under certain conditions.

C. Arrive with the vehicle in excellent condition, prepared to work and carrying chains, if appropriate.

D. Plow in the designated sequence as shown in the sequence listing and on the route map. Failure to plow in the designated sequence and subsequent inability of the Snow Inspector to easily find the contractor's equipment may cause the City to presume that the run was not started.

In that case, the City may have the route plowed with other equipment and the contractor will be subject to penalties for not starting a run on time.

E. Plow to the standards set forth in Section 11.

F. The contractor's driver must meet the city’s inspector and sign the inspector’s report when the route is completed. This action does not relieve the contractor from remedying sections of his route that were skipped or not plowed to City specifications.

1. If the inspector is not present when the route is completed, the driver must notify the Snow Office that the route is completed.

a. The driver, unless instructed otherwise by the Snow Office, must stay at the designated location for the sign-off.

b. The City will make every effort to have an inspector arrive at the sign-off location within thirty (30) minutes, if applicable.

c. If the inspector or supervisor has not met the driver within forty-five minutes of the call to the Snow Office, the driver should call the Snow Office and will then be released.

However, except in the case of being released after forty-five minutes, failure to obtain sign-off by the inspector may lead to forfeiture of payment for that route, when requested.

G. In the event of back-to-back runs, the driver must obtain sign-off for completion of the first run from the City’s inspector.

6.8.2 In the event that a contractor's equipment breaks down during a run or there is an accident, he must immediately notify the Snow Office and put the equipment back into operation within sixty (60) minutes. If it has not returned to service within sixty (60) minutes, the City may take over completion of the route. In this event, the contractor shall be paid only for that portion of the route satisfactorily completed, and which the City's snow inspector has approved for payment.

6.8.3 A route shall not be satisfactorily completed unless it meets the standards set forth in Section 11, as witnessed and acknowledged by the City's snow inspector.

If there are portions of the route which were not satisfactorily plowed, the contractor must correct the problems immediately upon notification by the snow inspector or Snow Office.

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6.8.4 The City has the right to call the contractor back within twelve (12) hours of completion of the route for the purpose of plowing any sidewalks that were skipped or as of a result of not meeting plowing specifications.

A. The contractor is required to return with plow and driver at the location provided by the snow office or inspector within one hour of notification.

B. All remedial plowing must be approved by the inspector and signed off by the driver and City inspector before the driver has left the route.

6.9 RESPONSIBILITIES DURING A SEVERE SNOW EMERGENCY

By submitting a signed Proposal, the contractor is thereby certifying that his equipment and drivers will be made available to the City on a per-hour basis.

6.9.1 The hourly rate will be determined by dividing the per-trip price of the replacement tractor’s assigned route by a factor of 5. The factor of 5 is representative of the approximate number of hours it takes to complete a sidewalk route.

6.9.2 Plowing under the hourly rate shall be subject to all other terms and conditions of this contract.

6.9.3 The decision of which contractors are called for emergency work shall be at the sole discretion of the Director of Operations. As a general rule, contractors with tractors will be called to plow routes during times of abnormal snowfall and conditions.

6.10 RESPONSIBILITIES TO RECEIVE PAYMENT

6.10.1 In order to receive payment for a snow run or a cash flow guarantee, the contractor must submit a completed invoice to the Director of Operations.

6.10.2 The City will not pay for any run which has not been authorized by the appropriate City officials and subsequently signed off as complete by the City's snow inspector. Partial payments will be calculated by the Director of Operations on a pro-rated basis.

6.10.3 The cash flow guarantee will be payable on the following schedule:

A. $5,000 on December 15

B. $5,000 on January 15; and

C. Whatever balance is required to reach a total minimum payment of $10,000 for the season shall be billed at the end of the season.

6.10.4 Contractors should submit an invoice for the cash flow guarantees on the dates specified in Section 6.10.3, or for the amount actually earned, if that exceeds the cash flow guarantee schedule.

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A. The City will adjust any invoices to reflect cash flow guarantees or invoices for services paid to date.

B. For example, if the contractor has billed for and/or been paid $ 10,000 by January 10, the City will not pay a cash flow guarantee of $5,000 on January 15, since the contractor will have already earned and billed for $ 10,000 by that date.

6.10.5 The minimum cash flow guarantee will be reduced by any amount for which the contractor has been penalized for nonperformance.

A. For example, as of December 15 the contractor can expect to be owed at least $5,000, which represents the first cash flow payment. However, if the contractor has missed a trip and been assessed the $500 penalty, then the cash flow guarantee will be $5,000 less the trip price less $500.

6.10.6 The cash flow guarantee does not represent an amount to be paid in addition to payment for services actually rendered. It is intended solely to insure that the contractor receives at least $10,000 (less penalties) in one snowplowing season.

6.10.7. Each Contractor is required to attend the Vehicle Inspection on the date and time specified by the City. The City will not pay for the Contractor to attend the Vehicle Inspection.

6.11 NON-DISCRIMINATION

The bidder agrees, as required by the Labor Law of the State of New York and ordinances of the City of Rochester:

6.11.1 To hire employees without regard to age, race, creed, color, national origin, sex, sexual orientation, disability, or marital status.

6.11.2 That he, and any person on his/her behalf, shall not in any manner discriminate against or intimidate any employee hired for the performance of work under this contract on account of age, race, creed, color, national origin, sex, sexual orientation, disability, or marital status.

6.11.3 That this contract may be cancelled or terminated by the City and all monies due or to become due hereunder may be forfeited for a second day or any subsequent violation of the terms or conditions of this section of the contract.

6.12 RESPONSIBILITIES FOR DAMAGES

6.12.1 The contractor is liable for damages done to sod, shrubbery, trees, and structures which he caused while plowing under this contract. The contractor must repair all damage for which he is liable as determined by the Director of Operations. All damage covered by claims filed on or before April 1 must be repaired by May 1. All claims filed after April 1 must be repaired within fifteen (15) days of notification.

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A. Damage to lawn: Rolled sod must be set back in place and/or removed as soon as possible following a plow run, pending weather and soil conditions and/or at the time of the notification of the City or citizen’s request.

6.12.2 Damages to windows, trap doors, and other items which cause a safety hazard must have temporary repairs made immediately and permanent repairs within forty-eight (48) hours of notification. Damages to automobiles and auto accidents must be reported immediately to the inspector or the Snow Office.

A. Damage to specialty (patterned, colored, etc.) sidewalks within Sidewalk Routes 1, 46, and 47 must be repaired using like materials to the full depth of the sidewalk. Full sections of sidewalk will be removed and replaced as necessary to match existing patterns and joints. All repairs must be repaired to the satisfaction of D.E.S. Sidewalk Engineering.

B. Damage to art work shall be repaired to the satisfaction of the Commissioner of Environmental Services.

6.12.3 After the completion of a final repair, the contractor shall have the property owner sign a Property Owner Release for damages. The contractor shall submit this release of liability to the City's Snow Office or show adequate proof, acceptable to the City, that said damages have been repaired. The release or proof of repair must be submitted by the time indicated in Sections 6.12.1 and 6.12.2. For automobile repairs, the contractor must supply the City with written proof that the claims have been addressed by the contractor.

6.12.4 If repairs are not completed in a satisfactory and timely manner, the City will have the right to cause repairs to be made and proceed against the performance security to recover its costs, and otherwise retain amounts from the last trip owed the contractor to cover the City's costs.

6.12.5 To insure that all damages are repaired by the contractor, the City may retain the performance security until June 30 of that plow season.

Damage claims which are not settled within the time frame outlined in

6.12.1 and 6.12.2 will cause the City to proceed to take action against the performance security and other amounts due to the contractor.

6.12.6 If there are no outstanding claims at the term of the contract and the contractor has satisfactorily repaired all damages, the Director of Operations may authorize release of the performance security if the contract is not to be extended for the following year.

6.13 RESPONSIBILITIES TO COMPLETE THE CONTRACT

6.13.1 In order to obtain release of the performance security, the contractor must have:

A. Repaired all damages

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B. Obtained the Director of Operation's sign-off that all contract obligations are complete.

6.13.2 In order to obtain release of a $1,000 cash or check performance security (if the contract is not extended), the contractor must submit a properly executed invoice to the Director of Operations. The invoice may not be submitted until all items in 6.13.1 above have been completed.

6.14 RESPONSIBILITIES FOR COMPLETE RECORDS

The contractor must keep, and present to the City upon request, a complete log of all calls made to the City regarding performing this contract, and a complete log of the activity of his equipment and drivers used to meet the requirements of this contract.

These records must be stored and available for use by the City for a period of one (1) year after the contract expires.

A. SPECIAL REQUIREMENTS AND RESPONSIBILITIES FOR

CONTRACTORS BIDDING ROUTES

1. The contractor will be responsible for providing a piece of equipment that will clear the snow within 3/4 of an inch of the sidewalk without marking, discoloring, or damaging any of the specialty features such as patterned concrete, patterned asphalt, benches, art work, lighting, or any other enhancements within the City’s right of way.

2. Damage Repairs/Reimbursement

Any damage done to patterned sidewalks will be full depth repairs, patching will not be allowed, damage to benches, art work, lighting shall be repaired or if necessary, reimbursed to cover all costs of replacement to the satisfaction of the Commissioner of Environmental Services or his designated representative.

7. RIGHTS OF THE CITY

7.1 Since sidewalk snow removal is crucial to public safety, the City reserves the right to immediately terminate a contract in whole or part upon a contractor's breach of contract. Wherever practical, the City will give notice of such termination in writing. Breach of contract may result in substantial penalties, forfeiture of performance securities, limitation of routes in future contracts, or default proceedings.

7.2 The contract may be terminated or suspended upon recommendation of the Commissioner of Environmental Services when an authorized representative has determined that the contractor has:

7.2.1 Abandoned the work to be performed under this contract

7.2.2 Assigned this contract to others without prior City consent

7.2.3 Unnecessarily or unreasonably delayed any of the work to be performed under this contract

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7.2.4 Failed to furnish enough properly skilled workers or appropriate equipment to perform the work

7.2.5 Disregarded the instructions of the Commissioner of Environmental Services or his authorized representative

7.2.6 Failed to perform properly on any route as determined by the performance rating or other performance measures

7.2.7 Failed to repair damages properly in a timely manner

7.2.8 Otherwise been guilty of any substantial violation of any provision of the contract

7.3 All services performed under this contract are at the direction and supervision of the Commissioner of Environmental Services and his authorized representatives.

The contractor shall only be paid for services authorized by the Commissioner and performed in a manner satisfactory to the Commissioner and his authorized representatives.

7.4 If the contractor's equipment fails, at any time, to meet the approval of the Commissioner of Environmental Services, the Commissioner’s authorized representative will have the right to order such equipment off the job.

7.5 Should the Commissioner of Environmental Services or his authorized representative notify the contractor that any contractor's employee is insolent, disorderly, careless, unobservant of instructions, or in any way a detriment to the satisfactory performance of these services, such employee shall be ordered off the job at once and thereafter shall not be allowed to engage in any part of the services. The contractor must replace that employee immediately.

7.6 At any time during the term of the contract, the Commissioner of Environmental Services or an authorized representative will have the right and privilege to inspect the equipment of the contractor, and such equipment shall be made available for inspection within twenty-four (24) hours after request. The equipment shall be kept and maintained by the contractor in excellent working order and ready to start immediately at all times for the duration of the contract.

7.7 The decision of the Commissioner of Environmental Services or his authorized representative as to the suitability of equipment or employees shall be final.

7.8 The decision as to when to call a run shall rest entirely with the City. City officials will determine when conditions warrant a run. Therefore, it is not possible for contractors to predict when they will be called. Contractors starting prior to the start time will not be paid for that work performed and will be required to restart the route.

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8. RESPONSIBILITIES OF THE CITY

The City acknowledges and accepts the importance of its role in making this contract work smoothly. The City accepts responsibility for fulfilling the following obligations to the best of its ability:

8.1 Maintain and encourage full communication with the contractor.

8.2 Inspect vehicles in a timely manner at times mutually agreed upon with the contractor.

8.3 Provide as much lead time as possible when calling for a run. In general, the City will give approximately a two (2) hour notification unless there is the need for back-to-back runs or immediate runs due to severe conditions.

8.4 Provide properly trained inspectors who are to review the contractor's work during and at the completion of each run, including call-backs, and who are to maintain and fully complete the inspection report for each run and route.

8.5 Maintain a switchboard around the clock during snow emergencies, and maintain a log of calls between the City and the contractor. The dispatcher will place calls for service, coordinate inspectors and sign-off vehicles where appropriate as quickly as possible.

8.6 Make payment within thirty (30) days of receipt of a properly executed invoice. If there is a dispute about the amount owed, the City will approve payment of the amount not in dispute within thirty (30) days and withhold the disputed amount until resolution of the dispute. However, the City will retain the final run payment until all contract provisions have been met.

8.7 Guarantee a minimum payment of $10,000 per route to the contractor during this contract period in accordance with Section 6.10.

8.7.1 If disputes due to performance arise between the time of billing and the time of paying the minimum guarantees, the City reserves the right to withhold payment on the minimum.

8.7.2 If a contract is terminated prior to payment of a minimum guarantee, the City reserves the right to cancel this minimum guarantee provision and withhold payment of any amounts due.

8.7.3 The minimum cash flow guarantee will be reduced by any amount for which the contractor has been penalized for nonperformance, as specified in Section 6.10.5.

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9. EQUIPMENT SPECIFICATIONS – VEHICLE

9.1 The equipment furnished under this contract must be in accordance with the following specifications and fully comply with any and all applicable Motor Vehicle Laws of the State of New York, including showing a valid New York State registration.

9.2 The City reserves the right to reject any equipment that does not pass City-administered inspections and road tests and comply fully with this specification at any time during the term of the contract.

9.3 The bid price shall include the cost of furnishing the operator, insurance, repairs, operating expendables, chains, fuel, lubricants and all other costs related to the services specified hereunder.

9.4 Jeeps and other similar vehicles are not acceptable. The vehicle must have adequate horsepower to perform this contract, with a track not exceeding the width of the plow blade.

9.5 The contractor must have each vehicle prepared to pass the City inspection at the time agreed for the inspection. Inspection will include, but not necessarily be limited to the following items:

9.5.1 Engine must be smooth running at both high and low rpm's.

9.5.2 Hydraulic equipment must be in good working order to raise and lower plow assembly. Non-tractor equipment must have the ability to apply down pressure to the plow.

9.5.3 Condition of plow must be in excellent condition.

9.5.4 Plow vehicle shall have no leaks: motor oil, hydraulic oil, water.

9.5.5 Plow vehicle must have an operable horn.

9.5.6 Plow vehicle shall have working lights, front and rear that meet N.Y.S. D.O.T. specifications.

9.5.7 Plow vehicle must be capable of stopping within a safe operating distance.

9.5.8 Check clutch under engine load to check for slippage.

9.6 Equipment supplied for this contract must be able to meet all requirements set forth in Section 9 and 10 at all times.

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10. EQUIPMENT SPECIFICATIONS - CONTRACTOR'S PLOW

For each motorized piece of equipment furnished, the contractor shall furnish one (1) "V" type plow as follows:

10.1 Maximum width shall be 58" at the bottom of the plow blade.

10.2 Minimum width shall be equal to or greater than the track of the motorized equipment.

10.3 Minimum height shall be twenty-eight inches (28").

10.4 Straight and true metal plow blades and cutting edges.

10.5 An override nose piece and plow shoe set to keep the blade (cutting edge) 3/4" above the sidewalk.

10.6 The "V" plow shall be made of metal with sufficient strength to properly remove the snow in an efficient manner.

11. SNOWPLOWING SPECIFICATIONS

11.1 The contractor shall be totally responsible for cleaning all sidewalks within the entire route, including drifts.

11.2 The City will furnish a plowing sequence and route map to the contractor listing the order in which the sidewalks shall be plowed. This sequence of plowing must then be adhered to unless the contractor submits a letter to the Director of Operations requesting and explaining the reason for changing the plowing sequence. The request shall be granted or denied by a return letter to the contractor. The plowing sequence must be adhered to, as City inspectors will be checking the contractor's progress by route sequence.

11.3 Report at start of route at designated time.

11.4 Plow sidewalks in exact order shown on the maps and route sequence maps.

11.5 Do not turn around in private drives.

11.6 Preferred speed is that speed which will most effectively clean the sidewalks and prevent damage, as determined by existing conditions.

11.7 A tractor must be operated with its plow hoist chain loose so that the full plow weight rides on shoes and runners to adequately clear the sidewalk within 3/4 of an inch.

11.8 A Bombardier (track vehicle) plow must be operated with down pressure to adequately clear the sidewalk within 3/4 of an inch.

11.9 Keep all lights on while plowing.

11.10 Raise plow blade sufficiently to clear all railroad tracks and traffic signal detector pads.

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11.11 Since a route cannot be plowed according to the specifications with improperly adjusted shoes or runner, the contractor will be required to adjust or replace the equipment prior to completion of the route.

11.12 The contractor should do whatever is necessary within the scope of this contract to properly clear the route of snow prior to declaring the route complete.

11.13 Report to the Snow Office immediately:

11.13.1 If you cannot start plowing at appointed time.

11.13.2 If equipment breaks down while plowing.

11.13.3 If any sidewalk cannot be plowed and why.

11.13.4 If any damage is done to other vehicles or property.

11.13.5 At completion of route.

11.14 If sidewalk is blocked and cannot be plowed for any reason, the contractor's operator shall make every attempt to bypass the blockage. If unable to bypass the blockage, the contractor's operator shall immediately notify the Snow Office of the blockage. If the blockage is removed within a reasonable time, the contractor's operator will then plow the sidewalk.

11.15 The contractor shall use a figure-eight type pattern of plowing two intersecting sidewalks rather than make a right angle turn from one intersecting sidewalk to another, e.g., a sidewalk is to be plowed all the way out into the street and the plow is then to turn into the intersection approaching the right angle sidewalk from the street crossing the sidewalk just plowed, and continuing on at a 90º angle from the sidewalk previously plowed.

12. PERFORMANCE RATING

12.1 The contractor's performance shall be rated for each trip by an inspector or supervisor using a standard performance report form. The standard form will be distributed to contractors prior to the start of the snow season to familiarize them with the method of evaluating performance.

12.2 Failure to perform a run and receive a satisfactory rating shall result in penalties set forth in Section 13.

13. LIQUIDATED DAMAGES, PENALTIES AND PROCEDURES

13.1 The contractor agrees that the City has the right to retain all or a portion of monies owed the contractor as liquidated damages for the contractor's failure to comply with the requirements in this contract; specifically, failure to plow as required and failure to repair all damages. Liquidated damages shall not exceed the City's reasonable costs of completing these contractual requirements.

Imposition of liquidated damages will not preclude the City from seeking performance of the contract through the performance security or taking other legal recourse to recover any and all damages as a result of contractor non-performance, breach of contract or default.

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13.2 Failure to provide the services required in this contract may lead to imposition of progressive penalties.

13.3 Penalties involving fines and/or partial payments and/or limiting routes will be imposed by the Commissioner of Environmental Services and…