523490 SNOW PILE REMOVAL CITY PARKING GARAGES AND LOTS 2025-2026 INITIAL SEASON.pdf

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

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

PRINTED NAME OF BIDDER

SNOW PILE REMOVAL CITY PARKING GARAGES AND LOTS 2025-2026 INITIAL

SEASON

Invitation to Bid No. 523490 Issued: July 14, 2025

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

BID CLOSING DATE: Thursday, July 31, 2024 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/Purchasing Agent, 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: Monday, July 28, 2025 at 11:00 A.M

Join Zoom Meeting https://cityofrochester.zoom.us/j/3047926947 Meeting ID: 3047926947

Passcode: 3047926947

CONTRACT CHARACTERISTICS (For definitions or explanations, see General Conditions)

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

Bid Deposit Requirement: $500

Performance Security Requirement: $ 500

Insurance Requirement: YES, SEE SECTION 10

Samples Requirement: NONE

Descriptive Literature/Technical Data Requirement: NONE

Bidder Identification Documents Requirement: YES.

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

SNOWPILE REMOVAL, CITY PARKING GARAGES AND LOTS, 2025-2026 SEASON

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1. SCOPE

1.1 It is the intention of the City of Rochester to enter into a contract with a competent and responsive contractor to remove snow piles that accumulate in City parking garages and/or City owned adjacent surface lots.

1.2 This contract will be based on a per hour rate, which is to include all equipment and labor to remove snow piles that have been built up as a result of plowing the garages, and dumping the snow at a City approved location. The contactor will be asked to provide a per job cost estimate for each garage or lot, based upon the hourly rate bid, each time the City requests work covered by this contract.

1.3 The need for this contract work cannot be predicted by the City, since it is totally dependent on the amount and frequency of snow storms during the winter. Over the last several winters, the City has required removal of snow piles several times, and anticipates this will be needed during the term of this contract.

1.4 The contractor will be required to provide equipment and qualified operators that can work within the space and height limitations of the City’s parking garages.

All equipment intended for use for this contract will be subject to passing a City-administered inspection to verify that the equipment is capable of meeting these requirements.

1.5 PRE-BID MEETING

1.5.1 PRE-BID: Monday, July 28, 2024 at 11:00 A.M

to Join Meeting: https://cityofrochester.zoom.us/j/3047926947

Meeting ID: 3047926947

1.5.2 Potential bidders are strongly urged to attend.

2. TERM OF CONTRACT

2.1 The term of the initial contract shall be from the date of contract award through June 30, 2026 or return or expiration of the performance security, whichever comes earlier. Each contract extension will run from the date of extension through June 30 of the following year.

2.2 The Director of Purchasing reserves the right to extend the contract for three (3) additional periods of one (1) year or less upon mutual agreement of both parties.

In the event an extension request is offered to and accepted by the contractor, the performance security will be rolled over into the contract extension. The extension will be confirmed in writing and will be subject to all the terms of this agreement.

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3. METHOD OF AWARD

3.1 The City intends to award the contract to a single responsive and responsible bidders based upon the lowest Hourly Rate.

3.2 The Hourly Rate must include all costs, including but not limited to equipment, personnel, traffic control, dumping and disposal, and all other costs incurred by the contractor to perform the work specified.

3.3 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.

3.4 The City reserves the right to reject any or all bids if prices received are not acceptable or for any other reason that is in the best interest of the City.

3.5 Issuance of the official award letter by the Director of Purchasing/Purchasing

Agent shall create a binding contract. Failure by the contracted bidder to deliver the insurance certificates, performance bond and other documents required by the contract, and/or failure to provide equipment and/or drivers as specified, shall constitute default of contract and forfeiture of the bid security.

4. GENERAL CONTRACT REQUIREMENTS

4.1 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 remove snow piles at the facilities listed herein and as requested by the Director of Parking or authorized designee(s). In order to help insure that a contractor will be able to carry out this contract, the City sets forth the following general requirements and responsibilities which the contractor accepts as conditions of this contract. The subsections below are 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. Additional expectations and requirements are provided in subsequent sections of this specification.

4.2 BIDDER QUALIFICATIONS.

By submitting a bid, the bidder acknowledges that proper snow removal from the garages is important to the public safety and welfare. Therefore, the bidder accepts that the Director of Purchasing/Purchasing Agent may reject any bidder who cannot adequately demonstrate the ability to provide the services specified in this contract. In particular the City may reject bids from any contractor who:

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

4.2.2 Proposes inadequate equipment or the use of equipment with a history of failing to meet the City’s requests for services or is that is determined to be inadequate to safely and efficiently perform the services specified herein.

4.3 DURING BID AWARD PROCESS

4.3.1 Prior to award, a bidder must, upon request, submit evidence satisfactory to the Director of Purchasing/Purchasing Agent and/or the Director of Parking or designated representative(s) that the contractor can fulfill the requirements of this contract. Such evidence may include, but not be limited to:

A. Size and condition of contractor’s facilities, including all relevant equipment. Equipment proposed must be listed in the bid and must meet the requirements specified herein, including passing a City inspection.

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.

4.3.2 Submit the three (3) telephone numbers requested with the bid.

4.4 RESPONSIBILITIES FOR VEHICLE INSPECTIONS

4.4.1 The contractor accepts full responsibility to provide an adequate number of vehicles and personnel to perform this contract. The City expects this equipment to include a Bobcat or a vehicle with similar functionality that can drive up to the roof of each garage, and at least one snow-removal vehicle (low profile trailer or truck) that can drive up to the roof of each garage.

A. The contractor must indicate on the bid proposal the last date the contractor certifies that the vehicles will be ready for inspection and approval by the City prior to the start of the snow plowing season. The contractor must assume all responsibility for arranging an inspection by the City no later than that date.

Inspection may be scheduled at any time after contract award.

The City reserves the right to require a pre-award inspection of the proposed vehicle(s) to verify that they are acceptable and that the contractor has the vehicles offered in the bid.

B. Prior to or at the time of vehicle inspection, the following documents must be supplied to the City of Rochester Parking

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Administration, 80 Commercial Street. It is entirely the contractor’s responsibility to provide the documents necessary.

1. A Certificate of Title

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

3. Required NY State vehicle insurance document.

4. If the plow vehicle is being leased, a lease contract 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 May 30 of the following spring.

4.5 RESPONSIBILITIES DURING SNOW SEASON

4.5.1 It is the contractor’s responsibility to meet with the departmental representative(s) upon award and obtain specific instructions as to what the City expects for removing the snow piles. The name(s) of department representative(s) shall be supplied to the contractor upon contract award.

4.5.2 Be prepared to start the work at the time(s) requested by the City.

4.5.3 Notify the City if any equipment is out of service. The contractor must notify the City when the equipment is returned to service. Equipment must be returned to service as soon as possible. If the City has to make alternate plans to have the snow removed until the contractor notifies the department representative that the equipment is back in service, the City may proceed against the performance security for its excess costs.

4.6 RESPONSIBILITIES DURING A SEVERE SNOW EMERGENCY

The Contractor must guarantee that during a severe snow emergency, as determined by the City, the contractor will make equipment and drivers available around the clock, if needed, to remove accumulated snow under this contract. The contractor must guarantee that the work in this contract will have priority over other private sector work of the contractor, because this contract affects public safety and welfare.

5. SNOW PILE REMOVAL SPECIFICATIONS

5.1 The contractor shall be responsible for clearing and removing accumulated snow piles from any or all garages and lots covered by this contract, as Directed by the Director of Parking or other designated City official(s).

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5.2 The City will furnish a preliminary sequence to the contractor listing the order in which the facilities should have the snow removed. This sequence must be adhered to, as City inspectors will be checking the contractor's progress by facility sequence.

5.3 The City reserves the right to change the preliminary sequence, or order that snow be removed from only specific garages as needed in order to meet the City’s requirements. The contractor will work with the designated City officials to determine the best sequencing and schedule that meets the City’s needs.

5.4 JOB ESTIMATE REQUIRED. Each time the contractor is called by the City to perform work under this contract, the contractor shall review the work required and provide the Director of Parking or designee with a job estimate for all the work requested. The job estimate shall be based on the number of hours estimated for all the work times the per hour rate bid, and will also include the time that the contractor will start the work. If the job estimate is acceptable, the City will authorize the contractor to proceed. If the job estimate is not acceptable, the City reserves the right to negotiate with the contractor, or to not have the contractor perform the work, whichever is in the best interest of the City.

5.5 The contractor will report to the starting facility at the designated time.

5.6 The contractor will keep all lights on while performing the work.

5.7 The contractor should do whatever is necessary within the scope of this contract to properly clear each facility of snow prior to declaring the facility snow removal job complete. If an authorized City official indicates to the contractor that the facility is not cleared to the satisfaction of the City, the contractor must continue to work until the job is complete.

5.8 The contractor will report to the Parking Director or designee immediately:

5.8.1.1 If contractor cannot start at appointed time.

5.8.2 If equipment breaks down while on the job.

5.8.3 If any lot or garage cannot be cleared, and why.

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

5.8.5 When the job is completed.

5.9 Upon request of the Parking Director or designee, the contractor shall provide documentation how the contractor intends to implement or perform traffic control as required per Section 6.2.3 in these specifications. The City reserves the right to cancel this contract if it deems that the bidder’s traffic control plan is unsafe and not in the best interest of the City.

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6.1 SPECIFIC CONTRACT REQUIREMENTS EQUIPMENT SPECIFICATIONS

6.1.1 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 and insurance document.

6.1.2 All equipment must be in excellent condition, smooth running at high rpm's, clean inside and out and under the hood, with evidence of proper maintenance and inspection.

6.1.3 The City reserves the right to reject any piece of equipment that does not pass City-administered inspections and comply fully with these specifications at any time during the term of the contract.

6.1.4 The bid price shall include the cost of furnishing a licensed and experienced operator, insurance, repairs, operating expendables, ballast, chains, fuel, lubricants and all other costs related to the operation of the equipment. The City will not provide ballast.

6.2 RESPONSIBILITIES DURING SNOW STORM

6.2.1 The City may call the contractor for service at any time based upon conditions, at its discretion.

6.2.2 The contractor must supply sufficient equipment and personnel to remove accumulated snow piles in garages and applicable garage roofs, and any lot(s) included in this contract, within the time frame specified in the contract and approved by the Director of Parking or designee.

6.2.3 The contractor must provide traffic control (flagmen, barricades, etc) to allow the safe removal of the snow from each facility without closing down the garage or lot to citizen or employee vehicles.

6.2.4 The contractor is responsible for working with the City to insure the legal and safe disposal of any snow removed from the garage, garage roof or lot. The snow will be dumped at either a site designated by the City, or at a site identified by the contractor, as long as that site is approved by the Director of Parking or other authorized City official.

6.2.5 Contractor shall not plow nor dump snow off the garage roof.

6.2.6 Snow removal shall usually occur during weekdays between

5:00 P.M but before 6:00 A.M, and on weekends at the direction of Parking Director or designee. The City reserves the right to order the work at any time if required to meet the needs of the City.

6.3 RESPONSIBILITIES TO RECEIVE PAYMENT

6.3.1 The City will issue one or more purchase orders to authorize the work of this contract. No work is to be performed without a purchase order. The

523490 7 contractor shall invoice the City on a per job basis, referencing the purchase order, stating the time the job was started and completed, and the garages and lots included in the job and the total number of hours billed. If the hours billed exceeds the initial job estimate approved by the Director of Parking, the Director of Parking or designee must approve the additional cost prior to the City paying any costs above the job estimate.

6.3.2 Job costs may be billed in hour or one-half hour increments (rounded up or down to the nearest hour), but not in smaller increments.

6.4 RESPONSIBILITIES FOR DAMAGES

6.4.1 Damages to property, automobiles and auto accidents must be reported immediately to the Director of Parking or designee. The contractor will be responsible for repairing all damages for which the contractor is responsible. 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 Parking Director 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 within 30 days. For automobile repairs, the contractor must supply the City with written proof that the claims have been addressed by the contractor.

6.4.2 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.

6.4.3 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 approved time frame will cause the City to proceed to take action against the performance security and other amounts due to the contractor.

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

6.5 NON-DISCRIMINATION

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

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

6.5.2 That (s)he, and any person on her/his 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.

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6.5.3 That this contract may be canceled 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 Section 6.5.

6.6 RESPONSIBILITIES TO COMPLETE THE CONTRACT

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

A. Repaired all damages

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

6.6.2 In order to obtain release of the $ 500 performance security (if the contract is not extended), the contractor must submit a letter to the Director of Parking certifying that all work has been completed and all claims paid. Upon approval by the Director of Parking, the performance security will be returned to the contractor.

6.7 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 the 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.

6.8 SPECIAL REQUIREMENTS AND RESPONSIBILITIES FOR CONTRACTORS

6.8.1 The contractor will be responsible for providing equipment and employees to remove the accumulated snow piles without marking, discoloring, or damaging any of the specialty features such as patterned concrete, patterned asphalt, benches, artwork, lighting, or any other enhancements within any garage or lot or City’s right of way.

6.8.2 Damage Repairs/Reimbursement:

Any damage done to garage facilities, including specialty features shall be repaired or if necessary, reimbursed to cover all costs of replacement to the satisfaction of the Director of Parking or designated representative.

7. RIGHTS OF THE CITY

7.1 Since 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.

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7.2 The contract may be terminated or suspended upon recommendation of the Director of Parking 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;

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

7.2.5 Disregarded the instructions of the Director of Parking or authorized representative(s);

7.2.6 Failed to perform properly on any facility as determined by the inspection report 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 Director of Parking and authorized representatives. The contractor shall only be paid for services authorized by the Director of Parking and performed in a manner satisfactory to the Director and authorized representatives.

7.4 If the contractor's equipment fails at any time to meet the contract requirements, the department will have the right to order such equipment off the job.

7.5 Should the department 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 department representative or authorized agent 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 as to when to call for work shall rest entirely with the City. City officials will determine when conditions warrant calling the contractor for this work. 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 trip or work on a specific facility in order to meet the needs of the City.

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7.8 The City reserves the right to add or delete similar locations specified in the contract as requirements change during the course of the contract. Prices for locations to be added to/deleted from the contract will be mutually agreed to by the City and the contractor. A contract amendment will be issued for each addition/deletion. The City reserves the right to cancel this contract on a schedule to be determined by the City if the parties cannot mutually agree to a contract price revision.

7.9 The City reserves the right to add or delete services similar or complementary to the services described in this contract, that the contractor will be expected to perform at some or all locations. Minor additions or deletions will be performed at no additional cost to the City. If substantial changes are requested, revised prices may be negotiated, and the contract amended. The City reserves the right to cancel this contract on a schedule to be determined by the City if the parties cannot mutually agree to a contract price revision.

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.

8.3 Provide as much lead time as possible when calling for a run. In general, the City will give at least a four (4) hour notification unless there is an emergency need for this work.

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. Inspectors will maintain and complete an inspection report for each run and facility.

8.5 Approve payment within thirty (30) days of receipt of a properly executed claim voucher for work properly completed in accordance with this contract. 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. If disputes due to performance arise between the time of billing and the time of paying, the City reserves the right to withhold payment.

9. EXTENSION OF THE CONTRACT

For any extension of this contract, all terms and conditions which apply to the first year of the contract apply except as modified in this section.

9.1 Reference to days of the month and specific months will remain the same in any contract extension, with minor adjustments in the days to accommodate weekends or holidays. The years will change to be consistent with the year of the extension.

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9.2 Extensions will be offered on the basis of the same equipment being used. If the contractor proposes to use different equipment, the contractor must notify the City prior to accepting the extension. The City reserves the right to cancel any extension if the proposed changes are unacceptable to the City.

9.3 PERFORMANCE SECURITY

9.3.1 The bid performance security of five hundred dollars ($500) will be retained by the City if an extension is offered, and held over from year to year as needed.

9.3.2 No interest will be paid on performance securities held by the City.

9.4. HOURLY RATE

9.4.1 The hourly rate may be revised prior to contract extension. Any revision will be determined by the Director of Purchasing/Purchasing Agent taking into account the change in the CPI-Urban (inflation rate) and/or other prices which directly bear on this contract.

9.4.2 The contractor will be notified of the new hourly rate offered at the time of the contract extension offer. If the contractor does not accept the contract extension offer, the City reserves the right to re-bid this contract.

10. INSURANCE REQUIREMENTS

A. The Contractor shall procure and maintain at his/her own expense until final acceptance of the work covered by the contract documents, insurance for liability for damages imposed by law of the kinds and in the amounts hereinafter provided from insurance companies authorized to do such business in the State of New York covering all operations under the contract documents whether performed by him or his subcontractors.

B. Within ten (10) says of request, the Contractor shall furnish to the City Director of

Purchasing/Purchasing Agent a certificate or certificates of insurance in form satisfactory to the City Director of Purchasing/Purchasing Agent showing that he/she has complied with this Section, which certificate or certificates shall provide that the policies shall not be materially changed or canceled until ten (10) days written notice has been given to the City Director of Purchasing/Purchasing Agent.

D. In each policy of insurance except insurance for Worker’s

Compensation and Disability Insurance, the City shall be named as an additional insured for liability arising under this contract. Except for Workers’ Compensation and Disability Insurance, no insurance required herein shall contain any exclusion of municipal operations performed in connection with the project.

E. The kinds and amounts of insurance are as follows:

10.1 WORKERS' COMPENSATION AND NYS DISABILITY INSURANCE

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The agreement shall be void and of no effect unless the person or corporation making or executing same shall secure Compensation and NYS Disability coverage, covering all operations under the contract–whether performed by him or his subcontractors–for the benefit of, and keep insured during the life of said agreement, employees in compliance with the provisions of the Workers’ Compensation Law.

A. Workers' Compensation Insurance

A policy covering the operations of the Contractor in accordance with the provisions of Chapter 41 of the Laws of 1914, as amended, known as the Workers' Compensation Law. The policy shall be endorsed to provide 30 days prior written notice of cancellation or non-renewal and Waiver of Subrogation in favor of the City of Rochester. A copy of these endorsements shall be included with the Certificate of Insurance.

B. NYS Disability Insurance

A policy covering the operations of the contractor in accordance with the provisions of Article 9 of the Workers’ Compensation Law, known as the Disability Benefits Law (Chapter 600 of the Laws of 1949) and amendments thereto.

10.2 CASUALTY INSURANCE

A. Contractor’s Comprehensive General Liability Insurance issued to the contractor and covering the liability for damages imposed by law upon the contractor with respect to all work performed by him under the within agreement. The coverage shall be written on an occurrence form utilizing ISO coverage form CG 00 01 12 07 or its equivalent. The comprehensive general liability policy shall furnish limits of not less than:

Bodily Injury and Property Damage

Limit $1,000,000 each occurrence

Products/Completed Operations Limit

$2,000,000 aggregate

Personal Injury and Advertising Injury Limit

$1, 000,000 each person or Organization

General Aggregate

$2,000,000 applicable on a per project basis

The City of Rochester, their officers, employees and agents and all other appropriate Funding Agencies shall be named as an additional insured for liability arising under this Contract applicable to both ongoing and completed operations on a primary and non-contributory basis.

There shall be no exclusions relating to NYS Labor Law or municipal

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B. Commercial Automobile Liability

Issued to the Contractor and covering all owned, non-owned and hired automobiles with limits not less than:

Bodily Injury and Property Damage Liability

Combined Single Limit

$1,000,000

C. Umbrella Excess Liability

Issued to the Contractor providing follow form coverage over the General Liability and Automobile Liability requirements stipulated above with minimum limits of:

Bodily Injury and Property Damage Limit

$2,000,000

Products/Completed Operations Limit

$2,000,000

General Aggregate

$2,000,000

All policies shall be endorsed to provide Waiver of Subrogation in favor of the City Of Rochester. All policies shall be endorsed to provide 30 days prior written notice of cancellation or non-renewal.

A copy of the Additional Insured and Waiver of Subrogation Endorsement(s) shall be included with the Certificate of Insurance.

11. BID SECURITY AND PERFORMANCE SECURITY

11.1 Bidders must submit a five hundred dollar ($ 500.00) bid security with their bid.

The bid security must be cash, certified check, bank check, or irrevocable letter of credit payable to the City of Rochester. A bid bond is not acceptable.

11.2 The bid security will guarantee that a bidder will meet the requirements of

Section 4.4 for vehicles according to the time frames set forth herein. Failure to provide all required items by the time specified in the Notice of Award will result in forfeiture of the bid security and loss of contract.

11.3 The bid security will convert to performance security upon contract award and will be held by the City for the life of the contract and any extensions.

11.4 The City reserves the right to proceed against the performance security and recover any costs the City incurs if the contractor does not perform per terms of this contract.

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12. BIDDER IDENTIFICATION DOCUMENTS

Bidders are required to provide additional documentation as indicated in this section:

12.1 Bidder must submit along with Proposal Page, the bidder’s W-9 Form.

12.2 Upon request of the City, the bidder must provide the City with one of the following:

12.2.1 A copy of the bidder’s IRS Form SS-4 EIN Assignment Letter

12.2.2 A copy of the bidder’s IRS Form 147C

13. CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

13.1 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) § 165-a and New York General Municipal Law § 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 § 165-a (3) (b) is found on the OGS web site at http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf.

13.2 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.”

13.3 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.

13.4 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 he/she/it 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.

13.5 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.

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14. SUBMITTAL OF BIDS

14.1 Bid proposals for this bid must be submitted in a marked sealed envelope, to include a signed original hard copy of the Proposal, bid specifications, addenda and any support documentation and bid bond required, delivered to and received by the Director of Purchasing/Purchasing Agent at the Bureau of Purchasing, Room 105-A, City Hall, Rochester, New York 14614 by the closing date and time specified in the Invitation to Bid or any addenda. Electronic bids submitted through BidNet will not be accepted.

14.2 Bids submitted in hard copy must include the entire Invitation to Bid, which includes the cover page, bid specifications, addenda and any support documentation required, as well as the Proposal. The City reserves the right to reject any bids submitted that do not include all of these documents.

14.3 ALL BIDS WILL BE OPENED VIA ZOOM

BID CLOSING : Thursday, July 31, 2024 at 11:00 A.M Join Zoom Meeting https://cityofrochester.zoom.us/j/3047926947

Meeting ID: 3047926947

14.4 Bid results will be posted on www.bidnetdirect.com.

15. NON-COLLUSIVE BIDDING 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 certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief:

15.1 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 bidder or with any competitor.

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

15.3 No attempt has been 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.

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P R O P O S A L

INSTRUCTIONS TO BIDDERS

1. This document contains the proposal on which your bid is to be entered. This Proposal must be submitted, sealed, in the envelope which has been provided. By submitting a bid on this proposal, you agree to accept as a contract all terms and conditions set forth in these specifications, and all contract extensions thereof.

2. Be sure to provide all information required, and sign any page on which you have entered a price.

3. Be sure to include, in the bid envelope, a $ 500 bid/performance security as specified.

The bid security must be cash, certified check, or an Irrevocable Letter of Credit valid throughout the term of the contract. A bid bond is not acceptable.

4. Be sure to write in the telephone number(s) where you may be reached during the contract period.

5. Be sure to write in the date by which you guarantee to have your equipment inspected and approved by the City.

6. Be sure to state type of vehicle(s) you will use for this contract.

7. Be sure to provide all information required. DO NOT LEAVE ANY BLANKS.

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The undersigned bidder hereby agrees to furnish the goods or services specified and to otherwise fully meet all terms, conditions, and specifications contained in this Invitation to Bid without exception, unless exceptions are clearly noted in this proposal. SIGNATURE MUST

BE THAT OF THE BIDDER OR OF AN EMPLOYEE OR AGENT AUTHORIZED TO SIGN

ON BEHALF OF THE BIDDER.

HOURLY RATE for work provided under this contract: $ _______________________

Telephone numbers for the bidder

Primary Telephone Number: 1. _________________________

Secondary Telephone Numbers: 2. _________________________

Cell Phone Number: 3. _________________________

Date by which contractor certifies all vehicles will be inspected: ______________________

W-9 Form _____ Yes

If bidder is a New York State Certified MWBE, check here: ______

Authorized Signature Typed Name and Title of Authorized Signer

Typed Name of Company (Continued through page 19)

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QUESTIONNAIRE FORM FOR CITY SPECIFICATIONS

TO BE FILLED IN BY BIDDER AND PRESENTED WITH BID PROPOSAL

Is this bid in conformance with specifications? Yes__________NO____________________

If answer is "No", bidder must identify and explain each exception taken, and reference made to each page and paragraph to which the exception will apply.

It shall be understood that if no exception is taken, the contractor shall supply all materials or services as specified.

Authorized Signature Typed Name of Authorized Signature

Typed Name of Company (Continued through Page 19)

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PRINT OR TYPE THE FOLLOWING INFORMATION:

Name of Firm or Corporation

Street Address

City State Zip Code

Telephone No./Fax No./Cell No. Federal Employer ID No.

E-mail Address of Recipient of Contract Awards and Extensions

Date

ACCEPTED ON BEHALF OF THE CITY OF ROCHESTER FOR:

Contract No.:________________ Contract Term:_________________________________

Director of Purchasing/ Purchasing Agent

Date

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City of Rochester Bureau of Purchasing Department of Finance

GENERAL TERMS AND CONDITIONS AND INSTRUCTIONS TO BIDDERS

The general terms and conditions which follow are incorporated by reference into every City of Rochester Invitation to Bid and apply to any and all purchase orders or contract awards issued by the Director of Purchasing as a result of such Invitation to Bid, unless otherwise specified. Bidders or their authorized representative are expected to fully inform themselves as to these conditions, requirements and specifications before submitting bids. Failure to do so will be at the bidder's own risk and a bidder cannot secure relief on the plea of error.

Subject to applicable Federal, State and Local laws, ordinances, rules, regulations and limitations, bids on all advertisements and invitations issued by the Department of Finance, Director of Purchasing /Purchasing Bureau will bind bidders to applicable conditions and requirements set forth herein unless otherwise specified in the Invitation to Bid.

CONDITIONS OF BIDDING

1. Proposal Forms: Bids shall be submitted only on the forms provided by the City in the Invitation to Bid.

The bidder submit one (1) complete signed copy of the Proposal, attached to the Invitation to Bid. When submitting a hard copy of the bid, the bid shall be signed and sealed in the envelope provided by the City for that purpose. When using an envelope other than the one provided by the City, the following required information must be entered in the lower left corner on the face of the envelope: Bid Number, Bid Title, Closing Date and Time, and Submitted By. The envelope must be mailed or hand delivered to the Office of the Director of Purchasing, City Hall, Room 105A, 30 Church St., Rochester, NY 14614. When submitting an electronic copy of the bid, where permitted in the Invitation to Bid, the bid shall be signed and submitted through the electronic bidding service specified in the Invitation to Bid. No other form of electronic submittal of a bid will be accepted by the City.

2. Late Bids: Formal bids, amendments thereto, or requests for withdrawal of bids received by the City after time the bid closing date and time specified will not be accepted by the City.

3. Withdrawal of Bids: A written request for the withdrawal of a bid or any part thereof may be granted if the request is received by the City prior to the specified date and time of the bid closing.

4. Submittal of Bids: Bids that are mailed or delivered to the City in hard copy must be sealed and submitted in the envelope supplied by the City or otherwise clearly marked with the Bid Number, Bid Title, Bid Closing Date and Time and Submitted By. In the event that the bid contains bulky subject material, the special mailing envelope must be firmly affixed to any other wrapper being used. Bids not received in the actual office of the Director of Purchasing by the date and time established for the bid closing shall be rejected, even if mailed earlier. It is the bidder’s responsibility to ensure that the bid is received in the office of the Director of Purchasing/Purchasing Agent by the bid closing date and time. Submittal of electronic bids, where permitted in the Invitation to Bid, is subject to the terms and conditions specified in the Invitation to Bid. In no circumstance shall a bid, either hard copy or electronic, that is submitted after the closing date and time be accepted by the City of Rochester.

5. Completeness: All information required by Invitation to Bid must be supplied to constitute a responsive bid.

6. Bids Binding 45 Days: Unless otherwise specified, all formal bids submitted shall be binding for forty-five (45) days following bid opening date. Bids will remain open and binding if the bidder agrees to an extension upon request of the Director of Purchasing or otherwise does not formally withdraw the bid.

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7. Payment Terms: Prompt payment discounts allowing less than thirty (30) days for discount to apply shall not be considered as a cost factor in the evaluation of bids. In connection with any prompt payment discount offered, time will be computed from the date of receipt of correct invoice or receipt and acceptance of shipment, whichever is later.

8. Bids for All or Part: Unless otherwise specified by the City or by the bidder, the Director of Purchasing reserves the right to make an award on all items or on any of the items according to the best interests of the City. The Director of Purchasing/Purchasing Agent shall further have the right to award separate items or groups to different vendors. Bidder may restrict the bid to consideration in the aggregate by so stating, but should offer a unit price on each item bid upon; any bid in which the bidder offers a total price without quoting a price on each and every separate item may be rejected at the option of the City.

9. Errors in Bids: When an error is made in extending total prices, the unit bid price will govern. Care-lessness in quoting prices, or in preparation of bid otherwise, will not relieve the bidder. Erasures or changes in bids should be initialed.

10. Questions Regarding Specifications: Except for Public Works, any information relative to interpretation of specifications and drawings shall be requested of the Director of Purchasing, in writing.

DO NOT MAKE INQUIRES BY PHONE OR IN PERSON.

Inquiries should be submitted in writing no later than five (5) days prior to the bid closing date. Inquiries received after that time may not be accepted. Any interpretation made to prospective bidders will be expressed in the form of an addendum to the specifications. Addenda will be publicly advertised and available to all prospective bidders no later than three (3) days before the bid closing date. Oral answers will not be binding on the City.

11. Response to Invitation to Bid: Bidders must indicate in their Proposal if they are taking ANY exception to the documents incorporated in the Invitation to Bid, including but not limited to the specifications, terms and conditions, Proposal, and any other documents or requirements. If no exceptions are noted in the Proposal, the City will interpret the bidder’s offer to be in full and unconditional accordance with the Invitation to Bid. The City reserves the right to determine whether or not it is in its best interest to accept partial responses to the Invitation to Bid. Conditional (qualified) bids are subject to rejection in whole or in part.

12. Multiple Bids: No bidder will be allowed to offer more than one price on each item even though the bidder can offer two or more types or styles that will meet specifications. Bidders must determine for themselves which to offer. Bids containing multiple bids in whole or in part will be rejected unless specifically requested as options or alternates in the specifications.

13. Unbalanced Bids: The City reserves the right to reject any bid where prices offered are unbalanced or do not fairly reflect the current marketplace.

14. Taxes: The City of Rochester is exempt from State and Local sales and use taxes and is exempt from paying Federal excise taxes.

15. Catalogs and Descriptive Information: Each bidder shall submit when requested by the Director of Purchasing/Purchasing Agent, catalogs, descriptive literature, and detailed drawings, fully detailing features, designs, construction, finishes and the like necessary to fully describe the material or work the bidder proposes to furnish. This information shall be provided in a form requested by the Director of Purchasing, which may be either printed, electronic or both.

16. Competency of Bidder: No proposal will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the City of Rochester upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the City or had failed to perform faithfully within

523490 22 the prior two (2) years of any contract with the City. The bidder must present within 48 hours of a request evidence satisfactory to the Director of Purchasing of performance ability and possession of necessary facilities, pecuniary resources and adequate insurance to comply with the terms…