Bid Notice.pdf

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

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

PRINTED NAME OF BIDDER

WATER SYSTEM REPAIR

Invitation to Bid No. 524440 Issued: July 27, 2026

PURCHASING BUREAU CONTACT: Claire LaDelia, Purchaser, at (585) 428-7042

BID CLOSING DATE: Wednesday, August 12, 2026 at 11:00 A.M.

Join Meeting: https://cityofrochester.zoom.us/j/4564119010 Meeting ID: 456 411 9010 Password: 4564119010

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. Electronic bids submitted through BidNet will not be accepted.

PRE-BID MEETING: Monday, August 3, 2026 at 11:00 A.M.

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

CONTRACT CHARACTERISTICS

(For definitions or explanations, see General Conditions)

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

Bid Deposit Required: YES, SEE SECTION 20.1

Performance / Labor & Materials Security Required: YES, SEE SECTION 20.2

Insurance Requirement: YES, SEE SECTION 21

NYS Contractor Certificate of Registration: YES, SEE SECTION 18.1.5

MWBE / Apprenticeship Requirement: YES, SEE SECTION

Incentive Program: YES, SEE SECTION 3

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.

https://cityofrochester.zoom.us/j/4564119010

524440 2

1. SCOPE

1.1 It is the intent of the City of Rochester to establish a unit price term service contract for

WATER SYSTEM REPAIR - WATER MAINS, HYDRANTS, VALVES, SERVICES AND

RELATED WORK. The contractor will be utilized to undertake jobs on an as-needed basis to support the Rochester Water Bureau. This is a contingent contract only – there is no guaranteed minimum amount of work under this contract.

1.2. The work to be done under this contract may include, but is not limited to, the following:

1.2.1 Installation, replacement and repair of water system appurtenances

Repair or installation of new water main piping, fire hydrants, valves, meters, tees, bends sleeves and water services.

Remove and abandon existing water mains, service lines, valves; hydrants, branches and fittings.

1.2.2 Installation of corporation stops, water service lines; curb stops, curb boxes; valve boxes, pitometer taps, meter pits, anodes, joint bonds, and test stations.

1.2.3 Provide excavation, trench and excavation support, test pits, backfill, select fill, flowable fill, stone, sand, concrete, asphalt, topsoil and seed.

1.2.4 Provide surface restoration of street pavement, curbs, gutters, sidewalks, driveways and tree lawns.

1.3. The contractor shall supply all labor, equipment and incidental materials to perform work.

Contractor shall supply all backfill, classified fill, sand, stone, concrete, asphalt, and topsoil necessary for restoration.

1.4. The Rochester Water Bureau will supply all piping materials necessary for completion of the scheduled work except as noted in 1.5 below.

1.5. The Contractor may purchase incidental materials for completion of the work which are not readily available from the Rochester Water Bureau or vendor currently under contract with the City of Rochester. Materials must be on the Water Bureau’s Approved Products List or otherwise approved in advance by the Water Bureau. Incidental material purchases shall not exceed five (5%) of the project total cost without the express written approval of the City prior to incurring any such costs.

1.6 MWBE Goals. This contract incorporates new MWBE and Workforce goal requirements, as required by Ordinance No. 2018-54. This contract has a 30% MWBE Goal. This contract has workforce goals of 20% M and 6.9% W. Details about these goals, and the contract requirements for meeting these goals, are provided herein and in Appendix E. MWBE Form P must be included with this Proposal as well Goal Form P.

Failure to submit a completed Form P with bid proposal may result in rejection of bid.

524440 3

1.6.1 Minority and Women Business Enterprise (MWBE) Requirements:

The City has a Minority and Women Business Enterprise (MWBE) policy that ensures participation of Minority and Women-owned businesses on City public works projects, including demolitions. Ordinance No. 2018-54 established a goal that MWBE’s will receive 30% of the aggregate total annual contract awards for City public works contracts over $20,000, with the goals for minority owned businesses (M) being 15% and women owned businesses (W)being 15%. For the purpose of this contract, an aggregate goal of 30% using any combination of M and/or W’s is acceptable.

The requirements specified herein are established in order to accomplish these goals. Included within these bid documents are the following sections that identify the policy requirements, participation requirements, utilization requirements and good faith effort requirements. Information about MWBE goals may be obtained on an advisory basis by contacting the City of Rochester MWBE Officer Mina Hatami at (585) 428-3673. Once the bid is awarded, MWBE forms A,B and C will be forwarded to the lowest Bidder and will become the final MWBE to be incorporated in the contract documents.

1.7 Apprenticeship Training Requirements. This contract contains Apprenticeship

Training Requirements. City Form AP1 and State form AT-10 for the bidder’s Apprenticeship Program, or State Form AT-10 and City Form AP3 if the bidder is using a sponsored Apprenticeship program, must be submitted with the Proposal as required by the rules and regulations for the Apprenticeship Training Program for Construction Contracts, which are included in Attachment F. Forms must be submitted with bid proposal.

2. PRE-BID MEETING

2.1 A Pre-Bid Meeting is scheduled for Monday, August 3, 2026 at 11:00 a.m., City Hall, Room 321B, 30 Church Street, Rochester, NY 14614. All bidders are strongly urged to attend.

2.2 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.

PRE-BID MEETING: Monday, August 3, 2026 at 11:00 A.M.

2.3 Any statements made at the Pre-Bid Conference do not constitute changes in the contract documents. Amendments to the contract documents can be accomplished only by means of addenda issued by the Director of Purchasing.

524440 4

3. INCENTIVE PROGRAM FOR PUBLIC WORKS CONTRACTS

3.1 In order to increase employment opportunities for City of Rochester residents, this contract shall include an incentive program for hiring qualified City residents who live in certain zip codes.

3.2 The prime contractor and any approved first tier subcontractors will be paid a monetary incentive equal to twenty percent (20%) of gross payroll paid to qualified City residents employed directly on this contract, provided that at least ten percent (10%) of the total gross payroll for all employees employed on this contract are qualified City residents.

3.3 The complete description of and requirements for this program are incorporated in this contract as Appendix G.

4. SPECIFICATIONS

Water Works General Conditions and Item Descriptions particular to the work of this contract are listed in this Invitation to Bid as Appendix A. Supplementary Specifications for the project are listed in this Invitation to Bid as Appendix B. Detail drawings associated with the Water Works specifications are listed in this Invitation to Bid as Appendix C. All work must be performed in accordance with the listed specifications and details.

5. STANDARD CONSTRUCTION CONTRACT DOCUMENTS

5.1 The City of Rochester Department of Environmental Services "Standard Construction Contract Documents" dated November 1, 1991, as revised, shall apply except where superseded by the specific wording in this bidding document. Contract documents listed on the City’s web site: http://www.cityofrochester.gov/article.aspx?id=8589949007 for Locally Funded Projects and http://www.cityofrochester.gov/Specifications/ for Public Works Construction Specifications are incorporated into this contract.

5.1.1 The "Standard Construction Contract Documents" are issued separately in a bound volume, to be used with the project. These documents are provided on the city’s web site at http://www.cityofrochester.gov/Specifications/

5.1.2 City of Rochester Supplementary Specifications, latest revisions, issued by the

Bureau of Architecture and Engineering and available at https://www.cityofrochester.gov/article.aspx?id=8589949341

5.2 The City of Rochester “Rules and Regulations for Work In The Right-of-Way”, latest revision, issued by the Bureau of Architecture and Engineering Permit Office and available at https://www.cityofrochester.gov/rulesandregulations/.

5.3 City of Rochester Supplementary Specifications for Water related Items, S900 Series, latest revisions, issued by the Water Bureau and available at https://cityofrochester.gov/waterdocuments/.

5.4 City of Rochester Details for Water related Items, 900 Series, latest revisions, issued by the

Water Bureau and available at https://cityofrochester.gov/waterdocuments/.

http://www.cityofrochester.gov/article.aspx?id=8589949007 http://www.cityofrochester.gov/Specifications/ http://www.cityofrochester.gov/Specifications/ https://www.cityofrochester.gov/article.aspx?id=8589949341 https://www.cityofrochester.gov/rulesandregulations/ https://cityofrochester.gov/waterdocuments/ https://cityofrochester.gov/waterdocuments/

524440 5

5.5 NYSDOT Standard Specifications (US Customary Units), latest revision, issued by NYSDOT and available at https://www.dot.ny.gov/main/business-center/engineering/specifications/busi-e-standards-usc

5.6 Contract Proposal Book for Water System Repair Contract, 2022

5.7 Contract Proposal Forms for Water System Repair Contract, 2022

6. TERM OF CONTRACT

6.1 The term of the initial contract shall be from the date of contract award through October 31, 2027.

6.2 The Director of Purchasing reserves the right to extend the contract for up to three (3) additional periods of one (1) year or less upon mutual agreement. The extensions will be confirmed in writing and will be subject to all the terms of this agreement.

7. QUANTITIES

7.1 The quantities as stated on the Proposal are estimates and are for bidding purposes only.

7.2 No guarantee is made of a minimum or maximum number of units for any item. The contract shall be for the actual quantities ordered during the contract term.

7.3 Each job shall be based on an approved work order which will include estimates for all work to be performed at the unit prices in this contract. A purchase order will be issued for each individual job.

7.4 The City reserves the right to order items, materials and/or services that are shown as separate items in this contract from sources other than the contractor and incorporate them into a job if doing so results in lower costs to the City.

7.5 The contractor shall be required to submit all required paperwork and comply with all requirements of the City’s Apprenticeship Program should the total work ordered under this contract exceed $250,000 during the term of the contract, or each extension term. The requirements of the City’s Apprenticeship Program are provided on the city’s web site at:

http://www.cityofrochester.gov/apprenticeshiptraining/ Failure to meet these requirements shall terminate the contract.

7.6 For informational purposes only, the previous Water System Repair contract has had an annual average expenditure of approximately one million two hundred fifty thousand dollars ($1,250,000.00)

8. METHOD OF AWARD

8.1 Contract will be awarded to the lowest responsible and responsive bidder, based upon the

Total Bid Price. All unit prices must be filled in on the Unit Cost Proposal Pages. The unit prices must be extended as shown and subtotaled per Section. The subtotal sum of the https://www.dot.ny.gov/main/business-center/engineering/specifications/busi-e-standards-usc https://www.dot.ny.gov/main/business-center/engineering/specifications/busi-e-standards-usc http://www.cityofrochester.gov/apprenticeshiptraining/

524440 6

Totals Section (Item T1) will be added to the additional percentage up charges (Items T2 and T3) to derive the Total Bid Price.

8.2 The City reserves the right to reject any bid where Proposal or Contingent unit prices are unbalanced or do not reflect prevailing market conditions.

8.3 The City intends to award this contract to the responsive and responsible whose bid is the lowest best value offer to the City on the basis of Total Bid Price. The City reserves the right to issue multiple contract awards, if deemed to be in the best interest of the City.

8.4 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. The same logic will be used by the City in comparing bids based upon discounts rather than specified unit prices. 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.

9. GUARANTEE OF WORK

Acceptance and final payment shall be as stipulated under Article 7 and 8 of the Instruction to Bidder Section and Article 11 of the General Conditions of the "Standard Construction Contract Documents.”

10. MAPS AND RECORDS

10.1 The location and general character of water mains, valves, hydrants and services are shown on maps and service records at the Water Bureau. These records show the approximate location of bends, gate valves, tees, and services.

10.2 It shall be understood that the locations of water mains, services and appurtenances as shown by these records are approximate, and the Contractor shall be responsible for ascertaining the true location of the mains.

11. LAWS AND PERMITS

11.1 NY State Laws Covering Demolition and Excavation

The Contractor shall abide by the Industrial Code of the State of New York, Rule 753, Construction, Excavation and Demolition Operations at or near Underground Facilities, and all other applicable Federal, State and Local Laws.

524440 7

11.2 Local Permits

Permits will not be required by the City of Rochester for excavation within City limits.

However, the contractor is responsible for obtaining and paying for any permits required on property not within City limits.

11.3 State Permits

The Contractor shall comply with all New York State Traffic Control Laws and requirements of the New York State Department of Transportation. The Contractor shall clear all work to be done in New York State Right-of-Ways with the NYSDOT Resident Engineer in sufficient time to avoid delays. All materials used for backfill and restoration in New York State Right-of-Ways must conform to State Specifications.

12. MAINTENANCE AND PROTECTION OF PUBLIC SAFETY

12.1 The Contractor shall conduct the operation in a manner to ensure public safety and the safety of the construction crew. Maintaining traffic flow and the protection of vehicular and pedestrian traffic is considered as important as the actual construction work itself. The Contractor shall conduct all operations related to this contract according to Article 6.9 and

6.11 of the General Conditions. The Contractor shall shore all excavations as required by Federal OSHA Regulations.

12.2 The Contractor shall delineate the work area with traffic cones, flags, and "Men Working" signs during construction. "Men Working" signs shall be placed at both ends of the construction area. When the traffic flow must be reduced because of construction, the Contractor shall supply competent flag men or traffic control devices to safely maintain traffic flow (see Standards for Work in the Public Right-of-Way).

12.3 Open excavations that are left unattended for any length of time shall be secured in the following manner:

12.3.1 In paved or concrete areas, the excavation shall be covered with steel road plates capable of supporting all types of vehicular traffic. The steel road plates must be pinned to prevent movement and ramped with hot asphalt (see Standards for Work in the Public Right-of-Way).

12.3.2 In lawn areas, the excavation shall be covered with 3/4" plywood, fenced in with plastic construction fencing and marked with two flashing barricades. All above mentioned materials shall be supplied by the Contractor.

12.4 Any signs interfering with the progress of work shall be removed, stored and relocated by the Contractor. These shall include traffic, parking and street name signs and parking meters. No additional payment shall be made for this work.

12.5 At the completion of each work order, or in the event a stop order is issued, the Contractor shall leave the site of the work in a condition satisfactory to the Project Manager.

524440 8

13. PROTECTION OF UTILITIES

13.1 In accordance with New York State Code 753, the Contractor shall give various owning utility companies at least two days' notice before doing any work which may interfere with their operations. Utilities encountered during construction, including water lines, shall be protected and maintained in their existing locations.

13.2 The Contractor shall assume all costs for repairs or replacement of utilities damaged through negligence of the Contractor. This work shall be done to the satisfaction of the owning utility and the Project Manager.

14. WORK ORDERS

The Contractor will receive work from the Project Manager on Water Bureau work order forms.

Each form will provide the order number, location and construction work required. Upon completion of the required construction, a Project Representative will complete the work order recording the date, item numbers, cut-sizes and materials. The work order will be used for billing purposes.

14.1 Regular Work Orders

The Project Manager shall issue work orders as the services of the Contractor shall be required.

14.1.1 Progress and Completion of Work

Routine work, initiated by regular work orders, shall proceed at the best pace possible to the number of work crews assigned to the work of this contract. Work shall begin in the general sequence in which work orders are issued, unless otherwise directed by the Project Manager.

A. The Project Manager may declare any individual work order to have a five (5) day completion date. Such declaration shall be in writing and may accompany the work order at the time of issuance or at any time thereafter.

B. Any work order on which work has commenced must be completed within five (5) days.

C. Infrequently, work orders may require completion on weekend or other premium times during weekdays. Payment will be made at the unit price bid of the items completed times a multiplier of 1.4.

D. A small percentage of work orders will designate one type of work which may require a different type repair after excavation. The Project Manager will make this determination. No additional payments will be made for any delays resulting from these changes.

14.2 Emergency Work Orders

In special situations, the Project Manager will issue emergency work orders to the Contractor for work which requires special handling.

524440 9

14.2.1 Progress and Completion of Work

Work on these orders must begin within eight (8) hours and be completed within seventy-two (72) hours.

Work orders that entail work in excess of $10,000 may be given an extended time for completion as agreed upon in advance by the contractor and the project manager.

14.3 Liquidated Damages

Failure to meet any of the foregoing completion requirements shall subject the Contractor to liability for liquidated damages as set forth in Section 14.

15. LIQUIDATED DAMAGES

15.1 In entering a bid, the Contractor acknowledges that time is of the essence in the performance of the work of this contract and will comply with the completion requirements set forth in Section 13, "Work Orders.”

15.2 It is further agreed that by the nature of the work to be performed under this contract, the

City will suffer damage as a consequence of any failure to complete work orders or restorations within the times allowed, but that such damage is not calculable. Temporary restorations will be allowed from November 15 to April 15 without penalty.

15.3 The Contractor hereby agrees, therefore, that liquidated damages of two hundred fifty dollars ($250) per calendar day per work order shall be assessed for any work order not completed within the required time period.

15.4 Liquidated damages assessed shall be retained from payment due the Contractor for work under this contract or payments due the Contractor for any other reason.

16. INSPECTION

16.1 Responsibility of the Water Bureau and Contractor

All work under this contract shall be subject to continuous inspection by a Project Representative from the Water Bureau. This inspection shall not relieve the Contractor of the responsibility to furnish material and perform work in accordance with both the Standard and Supplementary Specifications and related Water Details.

16.2 Free Access

The Project Representative shall have free access to all construction sites and all other areas used by the Contractor in the performance of this contract. The Contractor shall assist the Project Representative in obtaining information regarding all construction and materials used in the performance of this contract.

16.3 Final Inspection

When all work related to this contract is ready for final inspection, the Contractor shall notify the Project Manager in writing in accordance with Article 14 of the General Terms and Conditions of the "Standard Construction Contract Documents.”

524440 10

17. PROCEDURES FOR PAYMENT

The Contractor shall submit an invoice for services to the designated Water Bureau representative who shall review and prepare a requisition and purchase order for processing payment. Certified Payrolls and OSHA 10 Cards for the Contractor’s employees must accompany the invoice.

Invoices should be submitted on a timely basis.

18. LABOR STANDARDS REQUIREMENTS

18.1 COMPLIANCE WITH LABOR LAWS

18.1.1 The contractor's attention is directed to the requirements of Article 8 of the Labor

Law of the State of New York, compliance with the provisions of which shall be deemed a condition to the satisfactory performance of this contract.

18.1.2 The contractor shall cause to be posted and maintained at all times in a conspicuous place at the Site of the Work a clearly legible copy of the Schedule of Wage Rates as prescribed by the State Commissioner of Labor. The contractor shall further certify on any statement to the City for a partial or final payment that the wage rates paid to employees on this project have been in conformity with the wage rates so set forth as determined by the State Commissioner of Labor pursuant to and in conformity with Article 8 of the New York State Labor Law.

18.1.3 The contractor shall keep a copy of his payrolls for this project available at all times for inspection by representatives of the City or other public agency having jurisdiction over the project, and shall produce them for such inspection at the request of said duly authorized representatives. The contractor and subcontractors shall submit weekly certified payroll records to the City's Director of Finance or his designee. The contractor shall be responsible for the submission of copies of certified payrolls of all subcontractors. Payments shall be withheld from the contractor for failure to comply with this requirement.

18.1.4 In all operations related to the Work, all other State or Federal Laws, Local

Ordinances and Laws, controlling or limiting in any way the actions of those engaged in the Work, shall be strictly complied with by the contractor and all employees working under his direction. The foregoing shall apply to subcontractors of the contractor.

18.1.5 NYS Public Work Contractor and Subcontractor Registry

New York State Labor Law Section 220-i applies to work performed under this contract. All contractors and subcontractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State Department of Labor (NYSDOL). The City strongly encourages all contractors and subcontractors to register as soon as possible to obtain a Certificate of Registration to avoid negatively impacting a bidding period or project schedule.

524440 11

18.1.5.1 Documentation of registration with the New York State Public Work Contractor and Subcontractor Registry (https://dol.ny.gov/contractor-and-subcontractor-landing) is required with any sealed bid in order for it to be read.

18.1.5.2 If a Certificate of Registration is not included with the sealed bid, bidders shall include their email Receipt of Application from the New York State Department of Labor (NYSDOL) along with their sealed bid.

Bidders should refer to Appendix R – Sample NYS Contractor Registration Certificate.

18.1.5.3 Bidder understands that the City shall confirm the validity of contractor and subcontractor registration with NYSDOL.

18.1.5.4 Bidder understands that each contractor and subcontractor must be registered with NYSDOL prior to contract award.

18.1.5.5 The City reserves the right to consult with NYSDOL to consider other forms of documentation as proof of contractor and subcontractor registration.

18.1.5.6 The City reserves the right not to award contract without the required documentation specified herein.

18.2 ANTI-KICKBACK RULES

Employees of the contractor and his subcontractors performing work under this contract shall be paid unconditionally and not less often than once a week without deduction or rebate on any account except only such payroll deductions that are mandatory by law or permitted by the applicable regulations issued by the State Commissioner of Labor pursuant to the New York Labor Law. The contractor shall comply with applicable "Anti- Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this contract to insure compliance by subcontractors with such regulations, and shall be responsible for the submissions of affidavits required of subcontractors there under except as the Commissioner of Labor may specifically provide for variations of or exemptions from the requirements thereof.

18.3 WITHHOLDING OF PAYMENTS FROM CONTRACTOR

When a complaint is filed with the City of Rochester alleging the failure of a contractor or subcontractor to pay or provide the prevailing wages or supplements, or when the City of Rochester has reason to believe that unpaid wages or supplements may be due, payments on the public work contract may be withheld from the prime contractor in sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty which may be imposed. The amounts withheld may be disbursed by the City of Rochester for and on account of the contractor or subcontractor to the respective employees to whom they are due.

524440 12

19. PREVAILING WAGE RATES

19.1 Incorporated in these Contract Documents by reference is the Prevailing Wage Rates Schedule in effect at the time of publication of these Contract Documents. Any Prevailing Wage Rates Redetermination which may arise prior to the bid opening will be distributed by addendum.

19.2 The New York State Department of Labor issues corrected wage schedules on the first business day of every month. It is the responsibility of the contractor and any subcontractor to check the Department’s website to ascertain the most current prevailing rate of wages and wage supplements. Each workman, laborer or mechanic shall be paid or provided not less than the new updated rates.

19.3 The City will not be responsible for any of the contractor's increased labor costs which result from defects in the Wage Rate Schedule provided, or from amendments to the Prevailing Wage Rate Schedule, whether that increase occurs before advertisement, before Bid opening, before award of the contract, after the contract has been let, or during the life of the contract. No change in the contract price shall be allowed to the contractor for any such increases, except as provided for elsewhere in these documents.

19.4 Information about current wage rates may be obtained on an advisory basis by contacting the City's Contract Administrator, Department of Finance, City Hall, Rochester, New York, (585) 428-7398.

20. SECURITIES

20.1 BID DEPOSIT

A bid deposit in an amount equal to five percent (5%) of the bid price shall be furnished with each bid. At its option, the City shall have the right to accept cash, a certified check, a cashier’s check, or bid bond in satisfaction of this requirement. Irrevocable letters of credit will not be accepted.

20.2 PERFORMANCE AND OTHER SECURITIES

20.2.1 The contractor must furnish two executed surety company bonds, each in an amount equal to fifty percent (50%) of the bid price.

A. A Performance Bond shall be furnished as security for the faithful performance by the contractor of all terms and conditions of the contract documents.

B. A Labor and Material Payment Bond shall be furnished as security for the claims of laborers and material suppliers.

C. Both bonds shall be made out to the City of Rochester, prepared on an approved form and submitted by the contractor to the Director of Purchasing within ten (10) days of notification that his bid was accepted. The surety thereon must be such surety company or companies as are authorized and licensed to transact business in the State of New York. The surety furnishing the Performance Bond and the Labor and Material Payment Bond must waive notice of any change in

524440 13 the contract price or contract time. Attorneys-in-fact who sign bonds must file with each bond a certified copy of their power of attorney to sign said bonds.

20.2.2 Alternate Security

A. At its option, the City shall have the right to accept cash, a certified check, or a cashier’s check in satisfaction of the foregoing requirements. Irrevocable letters of credit will not be accepted.

B. In the event the contractor submits cash or a cash instrument as alternate security, the City will accept 100% of the contract total as satisfying both Performance and Payment security requirements.

C. Any security accepted in lieu of a payment bond shall be retained until the City is no longer liable for mechanics’ liens against the work of the contract.

21. INSURANCE

21.1 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.

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

Purchasing a certificate or certificates of insurance in form satisfactory to the City Director of Purchasing 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.

21.3 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.

21.4 The kinds and amounts of insurance are as follows:

WORKERS' COMPENSATION & NYS DISABILITY INSURANCE

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

524440 14

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.

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 operations.

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

524440 15

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

General Aggregate

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.

22. NON-SPECIFIED ITEMS

22.1 The City reserves the right to add unspecified items or services to this contract that are similar to and consistent with the items specified in this contract at prices negotiated with the contractor.

22.2 Additions and/or alterations to this contract may only be authorized by the Director of

Purchasing and must be made in writing prior to ordering any item.

22.3 The contractor must submit written price quotes for additional items/services to the Office of the Director of Purchasing for proper authorization and/or approval.

22.4 Items supplied or services rendered without the prior consent of the Director of

Purchasing and issuance of an authorizing purchase order will not be paid for by the City.

23. REQUEST FOR PRICE CHANGE

23.1 Requests for price increases to take effect during a contract extension must be submitted with the offer to extend or earlier. A price increase may be considered under the following conditions:

23.1.1 Written notification from the manufacturer to the Vendor stating there will be a price increase and the amount.

524440 16

23.1.2 Written notification from the Vendor to the City of Rochester Director of Purchasing requesting a price increase and accompanied by the Manufacturer’s letter.

23.2 The decision to grant a price increase during the extension period will rest solely with the

Director of Purchasing. The city reserves the right to seek new bids if price increases are not acceptable.

23.3 Increases shall be limited to the actual cost increase to the vendor.

24. W-9 FORM

Bidders must submit a W-9 form with completed bid proposals.

25. SUBMITTAL OF BIDS

25.1 Bid proposals for this bid should be submitted in a marked sealed envelope, to include a signed original hard copy of the Proposal, bid specifications, addenda and any support documentation required, delivered to and received by the Director of Purchasing 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.

25.2 Electronic bids will not be accepted.

25.3 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.

25.4 Bidders should not submit two bids. The City reserves the right to reject any and all bids if multiple bids are received from one bidder.

ALL BIDS WILL BE OPENED VIA ZOOM

Wednesday, August 12, 2026 at 11:00 A.M.

Join Meeting: https://cityofrochester.zoom.us/j/4564119010 Meeting ID: 456 411 9010

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

26. CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

26.1 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 http://www.bidnetdirect.com/

524440 17 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.

26.2 CERTIFICATION. “By submission of this bid, each bidder and each 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.”

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

26.4 During the term of the contract or any extension, should the City receive information that the contractor is in violation of the above-referenced, 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 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.

26.5 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.

27. POLITICAL SUBDIVISIONS

Bidders should note that other political subdivisions may participate in the contract resulting from this bid award as authorized by General Municipal Law. Use of this contract by any other political subdivision must be coordinated between that subdivision and the contractor. The City will have no responsibility for any such purchases and will have no other role than to provide other political subdivisions a copy of this contract if requested.

28. 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 knowledge and belief:

28.1 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.

28.2 Unless otherwise required by law, the prices which 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.

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

524440 18

28.3 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.

26. MINORITY AND WOMEN BUSINESS ENTERPRISE (MWBE) UTILIZATION PLAN

26.1 Policy Goals

City of Rochester Ordinance No. 2018-54 sets forth the following policy goals for all City Commodities – Goods and Services Purchasing contracts:

26.1.1 Commodities Goods and Services Purchasing contracts goals: 30% Aggregate

Goal to Minority and Women Owned Enterprises (MWBE).

A contractor, vendor or consultant shall be eligible for meeting the MWBE goals if:

26.1.2 It is a state-certified MWBE at the time of the contract award. State certification requires that a business be at least 51% owned and controlled by minorities (M),women (W), or both. Minority shall be defined consistent with state and federal definitions, e.g. Black, Hispanic, American Indian or Alaskan Native, Asian –Indian Subcontinent, and Asian Pacific.

26.1.3 The contractor, vendor or consultant has bona fide offices and operations in the

Empire State Development (ESD) Finger Lakes Region, which includes the following counties: Genesee, Livingston, Monroe, Ontario, Orleans, Seneca, Wayne, Wyoming and Yates. State-certified businesses from outside this region may be counted if there are insufficient businesses in the region to perform the specialized work or consulting services required.

26.2 Participation Plan Requirements

Bidders are required to demonstrate how they intend to meet the City’s MWBE goals, both the 30% aggregate goal and the 15% M and 15% W goals in performing the work of this contract.

26.2.1 Bidders shall submit with their bid a completed MWBE Form P – the proposed

MWBE Participation Plan (Form P pages 1 and page 2 if required).The amounts and percentages shown on Form P, page 1, should be based on the bidder’s Total Base Bid price.

26.2.2 The proposed MWBE Participation Plan indicates the MWBE is the bidder intends to utilize if awarded this contract in order to fulfill the MWBE goals Form P, Page 1, lists the names of each firm the bidder intends to use, the MWBE classification, the type of work that will be done. The proposed dollar amount of each and the percentage of the base bid amount. Page 2 shall be completed and submitted with the bid if Form P, Page 1, shows that the amount of work to be done does not equal at least thirty percent (30%) of the total base bid and/or the minority and women sub-goals are not met. On Page 2, the bidder must explain why the bidder is not meeting the 30% MWBE goal and/or the minority and women goals.

524440 19

26.2.3 Only MWBE firms that are certified by the State of New York, and located within the Rochester region (defined as the nine-county Empire State Development Finger Lakes Region), or otherwise approved by the City's MWBE Officer should be entered on Form P (a list of approved certified MWBE’s in the region is available on the City website at http://www.cityofrochester.gov/mwbe/).

26.2.4 The proposed MWBE Participation Plan (Form P Plan) will be used by the City to determine whether or not the bidder has demonstrated a good faith effort to meet the overall 30% MWBE utilization goal.

26.2.5 The bidder may propose the use of any MWBE companies who are certified to do any of the work required by the contract. However, for work requiring substantial materials and/or supply purchases, the following rules apply:

a) If the subcontractor is a manufacturer, or is certified/licensed as a manufacturer’s rep who performs the installation, and is classified as such in the State MWBE Directory, 100% of the supply and installation subcontract may be counted towards meeting the goal.

b) If a MWBE is a supplier and is classified as such in the State MWBE

Directory, 60% of the supply subcontract may be counted towards meeting the goal.

26.2.6 The City will not accept brokered services to count towards meeting the goal.

26.2.7 The City reserves the right to request that the bidder modify the Form P Plan if:

a) Any proposed MWBE is not qualified to do the work based on state Certification categories and/or direct City experience with said Firm;

b) If the Form P Plan does not demonstrate that the bidder will fully meet the

MWBE utilization goals for this contract, either by category or percentage.

The MWBE Officer will work with the bidder to develop an acceptable MWBE Form P plan based upon the work required by the contract, the availability of qualified MWBE companies to perform the work, current market conditions as reflected in bids for this and/or similar contracts in the region, any specialty work waivers, and the demonstration of a good faith effort to meet the MWBE utilization goals for this contract.

26.2.8 At the conclusion of the City’s review of the Form P Plan and upon notification by the City:

a) the bidder must submit, within ten (10) calendar days, a completed MWBE Form A – MWBE Utilization Plan (Form A Utilization Plan), along with a completed MWBE Form B – Intent to Perform as a Subcontractor and MWBE Form C – MWBE Affidavit, for each MWBE subcontractor.

b) Unless otherwise approved by the City, the firm shown on the Form P Plan, along with any revisions, shall be used in the Form A Utilization Plan. The City shall accept and approve the submitted Form A Utilization Plan if it reflects utilization of MWBE’s developed. The Approved Form A http://www.cityofrochester.gov/mwbe/

524440 20

Utilization Plan shall become an integral part of the performance agreement between the parties, along with corresponding Form B and Form C documents for each subcontractor.

c) The City reserves the right to reject the submitted Form A Utilization Plan if it does not incorporate recommendations made by the MWBE Officer. If a bidder does not provide an acceptable Form A Utilization Plan within seven (7) calendar days of request, the City reserves the right to declare the bid non-responsive.

26.2.9 Once the bid is awarded, successful bidder(s) must submit a Form A MWBE

Utilization Plan, and related documents. The MWBE Utilization Plan will be incorporated into the contract documents. If a bidder does not submit a Form A MWBE Utilization Plan that is acceptable the City reserve the right to declare the bid Nonresponsive and proceed to award the contract to the next low bidder.

27. MWBE UTILIZATION REQUIREMENTS

27.1 During and at the completion of the contract work, contractors shall submit the documentation to demonstrate that MWBE’s were utilized as shown in the approved Form A. The City reserves the right to withhold up to 5% of any application for payment until the required documentation is submitted that demonstrates that the MWBE Utilization requirements specified herein have been fulfill.

27.2 As a condition of this contract, the Contractor is required to provide the City with proof that the Contractor has utilized and paid MWBE subcontractors as shown on the Approved Form A Utilization Plan and consistent with the information provided on MWBE Form B – Intent to Perform as a Subcontractor and MWBE Form C – MWBE Affidavit for each MWBE subcontractor.

27.3 If any individual change order is 5% or more, or if any change order brings the total net cumulative amount of change orders to the initial contract award to 5% or more, the Contractor must submit a revised Form A Utilization Plan, and related Forms B and C (only if adding a new MWBE firm), and have these approved by the City. A Form A Utilization Plan revision must be submitted and approved each time a new change order occurs after the 5% threshold has been reached. Form A Utilization Plan revisions must be made where change orders increase the contract total, in order to ensure that MWBE goals are adjusted upward in proportion to the most recently Approved Form A Utilization Plan.

27.4 The last dated Approved Form A Utilization Plan…