7-10-24 RFB 2024-19-ENG.pdf

CITY OF SCHENECTADY

REQUEST FOR BIDS

PRECAST CONCRETE PANELS

2024-19-ENG

Sara Hughes

Purchasing Department

City Hall

105 Jay Street- Room 102

Schenectady NY, 12305

Phone: (518) 382-5274

Website: www.cityofschenectady.com

Bid Due Date

July 10, 2024

NON-BIDDER/PROPOSER RESPONSE

The City of Schenectady Purchasing Department is interested in reasons why bidders/proposers fail to submit bids/proposals. Please indicate your reason(s) by checking all appropriate item(s) below and returning this form to the address on Page 1.

Could Not Meet Scope of Services

Items or materials requested not manufactured by us or not available to our company

Insurance Requirements too restricting

Bond Requirements too restricting

Scope of Services not clearly understood or applicable (too vague, too rigid, etc)

Project not suited to firm

Quantities too Small

Insufficient time allowed for preparation or bid proposal

Other Reasons, Please state and define:

Vendor Name: ________________________________________________________________

Contact Person: ________________________________________________________________

Vendor Address: _______________________________________________________________

Vendor Telephone: ______________________________________________________________

Table of Contents

BID DISTRIBUTION- IMPORTANT NOTICE

SECTION 1: BID IDENTIFICATION

SECTION 2: PURPOSE………………………………………………………………………………………………………………………………………….5

SECTOIN 3: BIDDING DOCUMENTS……………………………………………………………………………………………………………………..5

SECTION 4: SUBMISSION OF BIDS……………………………………………………………………………………………………………………….5

SECTION 5: TERM OF BID…………………………………………………………………………………………………………………………………….6

SECTION 6: BID SECURITY……………………………………………………………………………………………………………………………………6

SECTION 7: QUALIFICATION OF BIDDER………………………………………………………………………………………………………………6

SECTION 8: LIQUIDATED DAMAGES…………………………………………………………………………………………………………………….7

SECTION 9: DISQUALIFICATION…………………………………………………………………………………………………………………………..7

SECTION 10: NON-COLLUSIVE BIDDING CERTIFICATE……………………………………………………………………………………….……7

SECTION 11: BID FORM………………………………………………………………………………………………………………………………………..8

SECTION 12: EQUIVALENT GOODS………………………………………………………………………………………………………………………..8

SECTION 13: SPECIFICATON CLARIFICATION………………………………………………………………………………………………………...8

SECTION 14: BID EVALUATION…………………………………………………………………………………………………………………………….9

SECTION 15: MODIFICATION AND WITHDRAWAL OF BIDS…………………………………………………………………………………..10

SECTION 16: AWARD OF BID…………………………………………………………………………………………………………………………….…10

SECTION 17: INSURANCE REQUIREMENTS………………………………………………………………………………………………………….10

SECTION 18: IDEMNIFICATION…………………………………………………………………………………………………………………….……..11

SECTION 19: REMEDY FOR BREACH………………………………………………………………………………………………………………….…11

SECTION 20: DELIVERY AND PAYMENT……………………………………………………………………………………………………………….12

SECTION 21: AFFIRMATIVE ACTION AND ANTIDISCRIMINATION………………………………………………….……………………..12

SECTION 22: ANTIDISCRIMINATION CLAUSE……………………………………………………………………………………………………….13

SECTION 23: INTERPRETATION……………………………………………………………………………………………………………………………13

SECTION 24: NONAPPROPIATIONS CLAUSE…………………………………………………………………………………………………………13

SECTION 25: IRANIAN ENERGY SECTOR DIVESTMENT……………………………………………………………………………………….…13

SECTION 26: SEXUAL HARRASSMENT POLICY………………………………………………………………………………………………………14

City of Schenectady – Bid for “Precast Concrete Panels"

NOTICE TO BIDDERS:

Sealed proposals will be received by the Committee on Bids of the City of Schenectady, New York until 10:30

A.M. Eastern Daylight Saving Time on Wednesday, the 10 th day of July, 2024, addressed to the Office of the City Clerk, Room #107, City Hall, Jay Street. Bids will also be accepted electronically using electronic bid submission via the Empire State Bid System website at http://www.empirestatebidsystem.com.

You must register for free on the Empire State Bid System website in order to participate in electronic bid submissions. It is the bidders responsibility to ensure that the bid is received by the above stated date and time. A bid which is not received prior to the deadline will not be considered. Any late bids will be returned to the bidder unopened.

Any bid submitted physically must be in a sealed envelope clearly endorsed on the outside with a description of the work for which the bid is being submitted. This project shall be referenced as: "Precast Concrete Panels" in accordance with the specifications on file in the Purchasing Department.

The Committee on bids will publicly open all bids on the same day at 11:00 A.M., E.D.S.T. in Room #110, City

Hall. A bid which is not date stamped prior to the deadline will not be considered. If City Hall is closed due to unforeseen circumstances that day, the bids will be opened at 11:00 A.M. on the next regular business day City

Hall is open.

Each bid must be submitted on Bidding Sheets that may be obtained either from the City or through the Empire

State Bid System (www.EmpireStateBidSystem.com). The specifications and bidding sheets may be examined in the office of Purchasing Division, Room #102, City Hall, Jay Street, Schenectady, N.Y., 12305. The specifications may also be obtained through the Empire State Bid System website referenced above at no charge.

WOMEN, MINORITY AND SERVICE DISABLED VETERAN OWNED BUSINESSES ARE

ENCOURAGED TO SUBMIT PROPOSALS. Schenectady is an Equal Opportunity

Employment/Affirmative Action employer.

The right is reserved to reject any and all proposals or any part thereof.

CITY COUNCIL

BY: SAMANTA R. MYKOO

CITY CLERK

http://www.empirestatebidsystem.com/

City of Schenectady

REQUEST FOR BIDS

GENERAL INSTRUCTIONS TO BIDDERS

BID DISTRIBUTION- IMPORTANT NOTICE

The City of Schenectady officially distributes bidding documents through the Purchasing Division Office or through the Empire State Bid System website at http://www.empirestatebidsystem.com. Copies of bidding documents obtained from any other source are not considered official documents and will not be accepted. Only those vendors who obtain bidding documents from either the Purchasing Division Office or the Empire State Bid

System are guaranteed to receive addendum information, if such information is issued.

SECTION 1: BID IDENTIFICATION

1.1 Title: Precast Concrete Panels

1.2 Requesting Department: Engineering Department

1.3 Bid Number: 2024-19-ENG

SECTION 2: PURPOSE

2.1 The intent of these specifications is to furnish information to responsible bidders for the purpose of obtaining bids for 420 Precast Concrete Panels as requested by the Engineering Department

2.2 Minority Business Enterprises (MBE’s), Women Business Enterprises (WBE’s) and Service Disabled

Veteran Owned Business’ (SDVOB’s) are encouraged to apply.

SECTION 3: BIDDING DOCUMENTS

3.1 Complete sets of the Bidding Documents may be obtained or examined as stated in the Notice to Bidders.

3.2 Complete sets of Bidding Documents must be used in preparing bids. The City does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding

Documents.

SECTION 4: SUBMISSION OF BIDS

4.1 Bids and any other required documents must be either electronically or physically submitted, sealed in an opaque envelope, plainly marked with the name and/or number of the bid and the name and address of the bidder and accompanied by the required documents, or using the electronic bid submission on the

Empire State Bid System website. Bids must be received no later than 10:30 A.M. ON Wednesday, July

10, 2024 at the following address:

Office of the City Clerk

Schenectady City Hall, Room 107

105 Jay Street

Schenectady, NY 12305

4.2 All bids received after the time stated in the “Notice to Bidders," or the bid submission deadline as modified by formal addendum consistent with Section 14 of this Request for Bids, will not be considered and will be returned to the bidder, unopened. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the City of Schenectady. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified.

4.3 The City of Schenectady reserves the right to reject any or all bids in whole or in part, to waive any and all informalities, and to disregard all non-conforming, non-responsive or conditional bids.

SECTION 5: TERM OF BID

5.1 The bid shall be a one time purchase. Prices shall remain firm for the entire bid period.

SECTION 6: BID SECURITY

6.1 There will be no bid security requested for this bid.

SECTION 7: QUALIFICATION OF BIDDER

7.1 All bidders shall submit the Statement of Vendor Qualifications as part of the bid. Each bid must contain evidence of the bidder’s qualification to do business in New York State or covenant to obtain such qualification prior to award.

7.2 All bidders shall submit the Statement of Vendor Qualifications (Attachment) as part of the bid.

7.3 In addition, the City of Schenectady may make such investigations it deems necessary to determine the ability of the Bidder to perform the work. The bidder shall furnish to the City, within five (5) days of a request, all such information and data for this purpose as may be requested. The City reserves the right to reject any bid if the information submitted by, or investigation of, a bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted.

SECTION 8: LIQUIDATED DAMAGES

8.1 Time is of the essence with this Agreement. The City of Schenectady will suffer financial loss if the work is not completed within the times specified, plus any extensions thereof. Delays, expense and difficulties will be involved in proving the actual loss suffered by the City of Schenectady if the work is not completed on time. Accordingly, instead of requiring such proof, the City of Schenectady and the successful Bidder will agree that as liquidated damages for delay (but not as a penalty) the successful Bidder shall pay the

City of Schenectady Two Hundred and fifty DOLLARS($250.00) for each day that expires after the time specified for Substantial Completion until the work is substantially complete. After Substantial

Completion, if the successful Bidder shall neglect, refuse, or fail to complete the remaining work within the time specified for completion and readiness for final payment or any proper extension thereof granted by the City of Schenectady, the successful Bidder shall pay the City of Schenectady Two

Hundred and fifty DOLLARS($250.00) for each day that expires after the time specified for completion and readiness for final payment.

SECTION 9: DISQUALIFICATION

9.1 The City reserves the right to refuse to issue Bidding Documents to a prospective bidder should such bidder be in default for any of the following reasons:

(a) Failure to comply with any pre-qualification regulations of the City, if such regulations are cited, or otherwise included, in the Bidding Documents as a requirement for bidding.

(b) Bidder’s failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the Owner) at the time the City issues the Bidding Documents to a prospective bidder.

(c) Bidder’s default under previous contracts with the City.

(d) Bidder’s unsatisfactory work on previous contracts with the City.

(e) No bid will be accepted from, or Contract awarded to, any person who is in arrears to the City of

Schenectady upon debt or Contract or who is in default, as surety or otherwise, upon any obligation to the said City, nor shall a bid be accepted or Contract awarded to any Contractor whose performance of any previous Contract has been unsatisfactory. The bidder whose bid has been accepted will be required to attend at the Office of the Clerk of the Council and execute the Contract within three (3) days from the date of the service of a notice delivered to him in person or mailed to the address given in the bid that the Contract has been awarded to him. In case of failure to execute the Contract within the time stated, he or they shall be deemed to have abandoned the Contract and the amount of the deposit made by him or them will be forfeited to and retained by the City of Schenectady as liquidated damages.

9.2 Bids received from bidders who have previously failed to complete contracts within the time required, or who have previously performed similar work in an unsatisfactory manner, may be rejected. A bid may be rejected if the bidder cannot show that it has the necessary ability, plant and equipment to commence the work at the time prescribed and thereafter to perform and complete the work at the rate or within the time specified. A bid may be rejected if the bidder is already obligated for the performance of other work which would delay the commencement, performance or completion of the work.

9.3 The City of Schenectady reserves the right to reject any bid if the information submitted by, or investigation of, such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

9.4 Bids will be considered irregular and shall be subject to rejection for the following reasons:

(a) If the bid is on a form other than that furnished by the City of Schenectady, or, if the City’s form is altered, or, if any part of the bidding documents is detached.

(b) If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the bid incomplete, indefinite, or otherwise ambiguous.

(c) If the bid is not accompanied by the bid security specified by the City of Schenectady.

SECTION 10: NON-COLLUSIVE BIDDING CERTIFICATE

10.1 All bidders bidding under the provisions of the specifications are subject to the provisions of Section 103 of the General Municipal Law of the State of New York. A signed Non-Collusive Bidding Certificate

(Attachment) is required to be submitted with each bid on the form provided by the City.

SECTION 11: BID FORM

11.1 The Bid Form is attached hereto; additional copies may be obtained from the City.

11.2 Bids must be made on the Bid Form provided by the City. The Bid Form must be completed in ink or typewriten. The Bid Form must also be signed by an authorized representative of the bidder.

11.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign on behalf of the corporation) and the corporate seal must be affixed by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature. The official address of the partnership must be shown below the signature.

11.5 All names must be printed or typed below the signature.

11.6 The bid must contain an acknowledgment of receipt of all Addenda (the number of which will be filled in on the Bid Form).

11.7 The address and email address to which communications regarding the bid are to be directed must be included on the Bid Form.

SECTION 12: EQUIVALENT GOODS

12.1 Manufacturers name brands are listed to indicate minimum requirements and bidding may be on brands listed, (if specified), or equivalent. Specifications shall be furnished by bidder to support equivalency. In the event of any claim by any unsuccessful bidder concerning or relating to the issue of “equal or better” or “or equal”, the successful bidder agrees, that his own cost and expense, to defend such claim or claims and agrees to hold the City of Schenectady free and harmless from any and all claims for loss or damage arising out of this transaction for any reasons.

SECTION 13: SPECIFICATION CLARIFICATION

13.1 All inquiries with respect to this Request for Bids must be directed to the City Engineer as follows:

Christopher Wallin

City Engineer

City of Schenectady

105 Jay Street

Schenectady, NY 12305

Phone: (518) 382-5082

CWallin@schenectadyny.gov

13.2 All questions about the meaning or intent of the specifications must be submitted to the aforementioned designated person in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded as having received the bidding documents. Questions received less than four (4) days prior to the date of submission of bids will not be answered. The City will be bound only by responses given by formal written Addenda.

SECTION 14: BID EVALUATION

14.1 Bids shall remain valid until:

(a) the execution of a contract by City of Schenectady; or

(b) the award of a purchase order by City of Schenectady; or

(c) for 45 days from bid opening or otherwise rejected by City of Schenectady.

14.2 Bids received will be evaluated by City of Schenectady and will be based, as a minimum, upon the following criteria:

(a) Lowest total bid cost and projected timetable for completion of services and/or delivery of goods described herein;

(b) Completeness of the bid; and

(c) Bidder's demonstrated capabilities and professional qualifications.

14.3 The City reserves the right to award this contract on a per item or aggregate basis, whichever is most beneficial to the City of Schenectady. Bidders need not submit bids for all items listed to be eligible for an award of this contract.

14.4 The City reserves the right to purchase items pursuant to General Municipal Law 103 from New York

State Contracts, other County, political subdivision or district contracts, or New York State Preferred

Sources within its discretion.

14.5 The City of Schenectady may award purchase contracts that have been procured pursuant to competitive bidding under section 103 of the NYS General Municipal Law by either lowest responsible bidder or best value.

"Best value" means the basis for awarding contracts for goods to the offerer which optimizes quality, cost and efficiency, among responsive and responsible offerers.

Such basis shall reflect, wherever possible, objective and quantifiable analysis. Such basis may also identify a quantitative factor for offerers that are small businesses or certified minority-, women-owned business enterprises or service-disabled veteran owned business’ as defined in subdivisions one, seven, fifteen and twenty of section three hundred ten of the executive law to be used in evaluation of offers for awarding of contracts for services.

SECTION 15: MODIFICATION AND WITHDRAWAL OF BIDS

15.1 Bids may be modified or withdrawn at any time prior to the opening of bids by an appropriate document duly executed (in the manner that a bid must be executed) and delivered to the place where bids are to be submitted.

15.2 If, prior to awarding of the contract or within three days after opening, whichever period is shorter, any bidder files a duly signed written notice with the City and promptly thereafter demonstrates to the reasonable satisfaction of the City that there was a material and substantial mistake in the preparation of its bid, that bidder may withdraw its bid and the bid security will be returned.

SECTION 16: AWARD OF BID

16.1 The apparent successful Bidder will be issued a Notice of Award in the form of a City of Schenectady purchase order.

16.2 No successful bidder to whom a contract or purchase order is let, granted or awarded, shall assign, transfer, convey, sublet, or otherwise dispose of same, or of its right, title, and interest herein, including the performance of the contract or purchase order or the right to receive monies due or to become due, or of its power to execute the contract or purchase order without the prior written consent of the City of

Schenectady Purchasing Supervisor. In the event the contractor shall without prior written consent assign, transfer, convey, sublet or otherwise dispose of the contract or purchase order or of its right, title and interest therein, including the performance of this contract or purchase order, or the right to receive monies due or to become due, or its power to execute such contract or purchase order to any other person or corporations, or upon receipt by the City of Schenectady of an attachment against the Successful Bidder, the City of Schenectady shall be relieved and discharged from any and all liability and obligation growing out of such contract or purchase order to such contractor, and the person or corporation to which such contract or purchase order shall have been assigned, its assignees, transferees or sub lessees shall forfeit and lose all monies theretofore assigned under the contract or purchase order, except so much as may be required to pay its employees.

SECTION 17: INSURANCE REQUIREMENTS

17.1 The successful Bidder will be required to procure and maintain at its own expense the following insurance coverage:

(a) Workers’ Compensation and Employers Liability Insurance: A policy or policies providing protection for employees in the event of job-related injuries.

(b) Motor Vehicle Liability Insurance: A policy or policies with the limits of not less than $1,000,000 combined for each accident because of bodily injury sickness or disease, sustained by any person, caused by accident, and arising out of the ownership, maintenance or use of any motor vehicle for damage because of injury to or destruction of property, including the loss of use thereof, caused by accident and arising out of the ownership, maintenance or use of any motor vehicle.

(c) Umbrella Liability Insurance: A policy or policies with Umbrella Coverage with limits of not less than:

Liability For: Combined Single Limit

All Other Circumstances $1,000,000

(d) General Liability Insurance: A policy or policies of comprehensive all-risk insurance with limits of not less than:

Liability For: Combined Single Limit

Property Damage $1,000,000

Bodily Injury $1,000,000

Personal Injury $1,000,000

17.2 Each policy of insurance required shall be of form and content satisfactory to the City of Schenectady

Corporation Counsel.

(a) The City of Schenectady shall be named as an additional named as an additional insured on all liability, policies. The bid name and/or number must appear on the policy.

(b) The policy shall not be changed or canceled until the expiration of thirty (30) days after written notice to City of Schenectady. It shall be automatically renewed upon expiration and continued in force unless the City of Schenectady is given at least thirty (30) days written notice to the contrary.

17.3 No work shall be commenced under the contract or purchase order until the successful Bidder has delivered to the City Purchasing Supervisor or his designee proof of issuance of all policies of insurance required by the contract to be procured by the successful Bidder. If at any time, any of said policies shall expire or become unsatisfactory to the City, the successful Bidder shall promptly obtain a new policy and submit proof of insurance of the same to the City for approval. Upon failure of the successful Bidder to furnish, deliver and maintain such insurance as above provided, the contract or purchase order may, at the election of the City, be forthwith declared suspended, discontinued or terminated. Failure of the successful Bidder to procure and maintain any required insurance shall not relieve the successful Bidder from any liability under the contract, nor shall the insurance requirements be construed to conflict with the obligations of the successful Bidder concerning indemnification.

SECTION 18: INDEMNIFICATION

18.1 The successful Bidder shall defend, indemnify and save harmless the City of Schenectady, its employees and agents, from and against all claims, damages, losses and expenses (including, without limitation, reasonable attorneys’ fees) arising out of, or in consequence of, any negligent or intentional act or omission of the successful Bidder, its employees or agents, to the extent of its or their responsibility for such claims, damages, losses and expenses.

SECTION 19: REMEDY FOR BREACH

19.1 In the event of a breach by CONTRACTOR, CONTRACTOR shall pay to the CITY OF

SCHENECTADY all direct and consequential damages caused by such breach, including, but not limited to, all sums expended by the CITY to procure a substitute contractor to satisfactorily complete the contract work, together with the CITY’s own costs incurred in procuring a substitute contractor.

SECTION 20: DELIVERY AND PAYMENT

20.1 All bid prices shall include freight and shall be quoted F.O.B. destination.

20.2 The City of Schenectady operates a formal Purchase Order System. Under NO circumstances will the vendor or contractor be paid without a purchase order. Contractor shall deliver only the items specified on the purchase order. Any Contractor who delivers items which are not ordered, or who duplicates or overships items, does so entirely at his own expense. Such shipments will be at no cost or responsibility to the City of Schenectady.

20.3 Delivery of all units are to arrive prior to September 1, 2024, or as otherwise agreed upon between the vendor and the City Engineer.

20.4 Unless otherwise specified by the City, inside delivery is required. Some delivery locations are not equipped with loading docks and no additional compensation shall be paid to vendors for inside delivery at those locations.

20.5 Orders will be placed on an “as-needed” basis by the City of Schenectady departments. There are to be no minimum order amounts required. Bids stipulating minimum quantity or dollar value orders will not be considered.

20.6 Prior to payment, the items furnished and or work performed will be inspected by the City Engineer or his designee to determine their conformity to specification. No payment will be made for items or work not meeting specification.

20.7 The City of Schenectady IS NOT SUBJECT TO FEDERAL, STATE OR LOCAL TAXES.

SECTION 21: AFFIRMATIVE ACTION AND ANTIDISCRIMINATION

21.1 It is the policy of the City of Schenectady that Minority Business Enterprises (MBE) , Woman

Business Enterprises (WBE) and Service-Disabled Veteran Owned Business’ (SDVOB) are afforded the maximum opportunity to participate in the performance of contracts, in excess of $100,000, let by the City. The City commits itself to a goal oriented Contract Compliance Program which assures that

Minority Business Enterprises and Woman Business Enterprises are considered in awarding contracts for goods, services and construction. Furthermore, it is the policy of the City of Schenectady that contractors and subcontractors utilize minority and women labor to the greatest extent feasible.

21.2 In bidding on this contract, the contractor acknowledges an understanding of this policy. The contractor shall carry out the policy by making every reasonable effort to award contracts and subcontracts to MBEs, WBEs and SDVOB’s as well as utilizing minority and women labor in the performance of this contract.

21.3 In an effort to assist contractors with compliance attached you will find the following: Article SC19-

Affirmative Action Plan and Department of Affirmative Action Compliance Forms.

SECTION 22: ANTI DISCRIMINATION CLAUSE

22.1 Pursuant to Section 220-E of the NYS Labor Law, regarding provisions in contracts prohibiting discrimination on account of race, creed, color or national origin in employment of citizens upon public works, the Contractor agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color, disability, gender, marital status, military status, sexual orientation or national origin discriminate against any citizen of the state of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color, disability, gender, marital status, military status, sexual orientation or national origin; (c) That there may be deducted from the amount payable to the contractor by the state or municipality under this contract a penalty of fifty dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; (d) That this contract may be cancelled or terminated by the state or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract; and (e)

The aforesaid provisions of this section covering every contract for or on behalf of the state or a municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the state of New York.

SECTION 23: INTERPRETATION

23.1 In the event of any discrepancy, disagreement or ambiguity among the documents which comprise this RFB, and/or, the Agreement (between the City and the successful bidder/proposer) and its incorporated documents, the documents shall be given preference in the following order to interpret and to resolve such discrepancy, disagreement or ambiguity: 1) the Agreement; 2) the RFB; 3) the

Contractor’s bid.

SECTION 24: NON APPROPRIATIONS CLAUSE

24.1 Notwithstanding anything contained herein to the contrary, no default shall be deemed to occur in the event no funds or insufficient funds are appropriated and budgeted by or are otherwise unavailable to the City for payment under this Agreement. The City will immediately notify the

Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to those portions herein agreed upon for which funds shall have been appropriated and budgeted.

SECTION 25: IRANIAN ENERGY SECTOR DIVESTMENT

25.1 Contractor/Proposer hereby represents that said Contractor/Proposer is in compliance with New

York State General Municipal Law Section 103-g entitled “Iranian Energy Sector Divestment," in that said Contractor/Proposer has not:

(a) Provided goods or services of $20 Million or more in the energy sector of Iran including but not limited to the provision of oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran; or

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

25.2 Any Contractor/Proposer who has undertaken any of the above and is identified on a list created pursuant to Section 165-a (3)(b) of the New York State Finance Law as a person engaging in investment activities in Iran, shall not be deemed a responsible bidder pursuant to Section 103 of the New York State General Municipal Law.

25.3 Except as otherwise specifically provided herein, every Contractor/Proposer submitting a bid/proposal in response to this Request for Bids/Request for Proposals must certify and affirm the following under penalties of perjury:

(a) “By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief, that each bidder is not on the list created pursuant to NYS Finance Law Section 165-a (3)(b).”

25.4 Except as otherwise specifically provided herein, any Bid/Proposal that is submitted without having complied with subdivision (a) above, shall not be considered for award. In any case where the

Bidder/Proposer cannot make the certification as set forth in subdivision (a) above, the

Bidder/Proposer shall so state and shall furnish with the bid a signed statement setting forth in detail the reasons therefor. The City reserves its rights, in accordance with General Municipal Law

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

(1) The investment activities in Iran were made before April 12, 2012, the investment activities in

Iran have not been expanded or renewed after April 12, 2012, and the Bidder/Proposer has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

(2) The City of Schenectady has made a determination that the goods or services are necessary for the City to perform its functions and that, absent such an exemption, the City of Schenectady would be unable to obtain the goods or services for which the Bid/Proposal is offered. Such determination shall be made by the City in writing and shall be a public document.

SECTION 26: SEXUAL HARRASSMENT POLICY

26.1 Pursuant to State Finance Law §139-I, Where competitive bidding is required pursuant to statute, rule or regulation, every bid made to the state or any public department or agency of the state must contain the following statement:

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the labor law.”

Bids that do not contain the certification will not be considered for award; provided however, that if the bidder cannot make the certification, the bidder shall provide a signed statement with their bid detailing the reasons why the certification cannot be made. After review and consideration of such statement, the DEC may reject the bid or may decide that there are sufficient reasons to accept the bid without such certification.

Bidders are required to sign and submit the attached Sexual Harassment Prevention Certification form. If the bidder cannot make the certification, then a signed statement must be submitted with the bid detailing the reasons why the certification cannot be made.

Specifications

The City of Schenectady is seeking bids from qualified suppliers for the provision of four hundred and twenty (420) precast reinforced concrete panels to be used in the Steinmetz Lake

Wall Restoration located at Steinmetz Park in Schenectady, New York.

The City is requesting that units arrive by September 1, 2024

Precast concrete panels shall be: 48” long by 24” wide and 4” thick and bluestone in color

See below for additional specifications and illustration.

BIDDING SHEET PROPOSAL FOR: PRECAST CONCRETE PANELS

BIDS TO BE RECEIVED UNTIL 10:30 A.M. EASTERN DAYLIGHT-SAVING TIME ON JULY 10, 2024

TO: THE HONORABLE COUNCIL OF THE CITY OF SCHENECTADY, NEW YORK

The Undersigned proposes: to perform all the work in accordance with specifications on file in the Engineering

Department for the following prices:

Extension shall be the Quantity multiplied by the Unit Cost.

The quantities in the bid are approximate and are for the specific purpose of preparing bids. The engineer reserves the right to vary the quantities or delete items and the Contractor shall not be entitled to extra payment, i.e., increase in unit price, due to such amended quantities or deleted items.

Item No. Description Quantity Unit Unit Price Extension

1 Precast Concrete Panel 420 LS

2 Delivery to Steinmetz Park 1 LS

BIDDERS ARE REQUIRED TO MAKE ITEM BY ITEM COMPARISON WITH THE DETAILED SPECIFICATIONS.

FAILURE TO DO SO MAY RESULT IN THE BID BEING CLASSIFIED AS IRREGULAR AND REJECTED. (SEE

GENERAL INFORMATION — INFORMATION TO BE SUBMITTED WITH BID)

BIDDER LEGAL NAME: _______________________________________________________________________

BY:___________________________________________________________________________________________

BID PROPOSAL FORM

2024-19-ENG/PRECAST CONCRETE PANELS

The undersigned, having carefully examined the appropriate specifications and does hereby agree to furnish and deliver to the City of Schenectady, Steinmetz Park, Schenectady, New York, the items listed at the price(s) indicated:

Full Legal Name of Company Submitting Bid: _________________________________________

Street Address: __________________________________________________________________

Mailing Address: _________________________________________________________________

City: _____________________________________ State: _________ Zip: ______________

Contact Name: ___________________________________________________________________

Phone Number: ( ) ________________ Fax Number: ( ) ______________________

E-Mail Address: _______________________________ Web Address: ______________________

Federal ID Number: ______________________________________________________________

Name of Authorized Official Submitting Proposal:

(Print or Type)

Signature of Authorized Official Submitting Proposal:

Date:

NOTE: By signing and submitting this proposal for consideration by the City of Schenectady, the vendor acknowledges that they have read, understand and agree to all aspects of the specifications as presented without reservation or alteration.