Bid Notice.pdf

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

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

PRINTED NAME OF BIDDER

RESERVOIR LAWN MAINTENANCE

Invitation to Bid No. 524940 Issued: August 10, 2026

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

BID CLOSING DATE: Tuesday, September 1, 2026 at 11:00 A.M.

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

Sealed Bids must be submitted in hard copy to the Office of the Director of Purchasing, City Hall Room 105A, Rochester, NY 14614, prior to the closing date and time, after which all bids properly received will be opened, read and recorded.

Electronic bids submitted through BidNet will not be accepted.

PRE-BID CONFERENCE: Tuesday, August 25, 2026 at 10:00 A.M.

Meeting ID: 3047926947 Passcode: 3047926947

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.

CONTRACT CHARACTERISTICS

(For definitions or explanations, see General Conditions)

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

Bid Deposit Requirement: YES

Performance Security Requirement: YES

Insurance Requirement: YES

Samples Requirement: NONE

Descriptive Literature/Technical Data Requirement: YES, COMPLETE QUESTIONAIRE

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.

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1. SCOPE

1.1 It is the intent of the City of Rochester to establish a contract for lawn turf maintenance including mowing, weed control, and fertilization at the Rush, Cobbs Hill and Highland Reservoirs.

1.2 PRE-BID CONFERENCE

A Pre-Bid Conference is scheduled for Tuesday, August 25, 2026 at 11:00 A.M.

Meeting ID: 3047926947 Passcode: 3047926947

All bidders are strongly urged to attend.

1.3 Bidders are urged to visit the site to fully understand the scope of this contract, using the drawings included in this specification. In submitting a bid under this specification, the bidder will be held accountable for knowing the scope of the work requested.

2. TERM OF CONTRACT

2.1 The term of the contract resulting from this bid invitation shall commence on the date of award and end on December 31, 2027.

2.2 The City may extend the contract under the same terms and conditions for up to three (3) additional years in increments of one (1) year or less, provided such extension is mutually agreeable.

3. QUANTITIES

3.1 The City reserves the right to reduce the term of the contract, or any part of the contract, if circumstances arise to require such a reduction, in the best interests of the City.

3.2 The areas identified herein are fair approximations but not exact, and the City makes no guarantee about the actual size of the areas to be maintained and mowed. The City reserves the right to add or delete locations and/or requirements to this contract, reduce the term of the contract, modify other terms and conditions of the contract, or to cancel the contract during the contract term, if circumstances arise that require such changes, in accordance with the best interests of the City.

4. UNIT PRICES

Unit prices quoted shall accurately reflect the work involved as specified herein. All costs of providing the services specified must be included in the prices bid. Unbalanced unit prices may result in rejection of the bid.

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5. ADDITION & DELETION OF ACREAGE

5.1 The City reserves the right to add or delete sites and/or acreage at any time during the mowing season. In this event, the adjusted cycle price for the Group shall be adjusted as follows:

5.1.1 For added acreage using the following formula:

Awarded cycle price + (added acreage X (Awarded cycle price / Awarded acreage))

5.1.2 For deleted acreage using the following formula:

Awarded cycle price - (deleted acreage X (Awarded cycle price / Awarded acreage))

5.2 The City reserves the right to change the acreage at any site in any group during the mowing season. If the change at any site is within plus/minus 5% of the acreage shown the initial quantities shown in the bid, the Contractor shall not change the contract price for mowing. If the change at any site is greater or less than 5%, then the cycle price shall be adjusted using the formulas shown in Section 5.1.

6. METHOD OF AWARD

6.1 Award will be made to the lowest responsive and responsible bidder whose bid is the lowest best value offer to the City by Total Bid Price for the Complete Cycle Mowing unless the City determines that it is in its best interest to award by Item or Group if doing so results in lower overall costs after factoring in the costs of making multiple awards.

6.2 For purposes of this bid, if one or more bids are submitted by a business certified as an MWBE business by New York State on the date of the bid, the MWBE bidder(s) shall receive a five percent (5%) price advantage over non-MWBE bidders pursuant to Section 8 of Ordinance No. 2018-54. The lowest best value offer shall be defined as the lowest bid after adjusting for any MWBE price advantage. For example, if three bids are received, one for $100.00, one for $103.00, and one by an MWBE business for $105.00., the lowest best value offer would be the bid submitted by the MWBE business for $105.00. If instead the MWBE business submitted a bid for $105.01, the lowest best value offer would be the bid for $100.00. 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.

6.3 The City reserves the right to reject any bid where prices offered are unbalanced or otherwise inconsistent with current market prices

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6.4 Bidders must submit bids for Contingent Unit Prices as shown in the Proposal.

The City reserves the right to use the Contingent Unit Prices bid as a factor in determining the City’s lowest overall costs based on a combination of the Complete Cycle Mowing cost and the cost of contingent options, if doing so clearly results in lower overall costs for the contract to the City. However, bidders must bid fair market costs for contingent prices. The City reserves the right to reject any bid where prices are unbalanced or otherwise not consistent with market conditions.

7. EXTENSIONS AND PRICE CHANGES

7.1 Prices bid shall remain firm for the initial contract term.

7.2 Approximately two months prior to the end of a contract term, the City will send an offer to extend request to a Contractor, if the City is interested in extending the contract. The Contractor must return the contract extension request, indicating whether or not the Contractor will extend the contract, by the time indicated in the offer to extend request. The City reserves the right to not extend the contract, and seek bids for a new contract, if the Contractor fails to respond to the contract extension request by the time specified.

7.3 Request for price increases to take effect during a contract extension must be submitted with the offer to extend, or earlier.

7.4 Requests for increases must be documented as representing increased costs only. Examples of increased costs would be mandated increases in the minimum wage and/or fuel cost spikes due to unusual disruptions in the marketplace.

7.5 The City reserves the right to accept, negotiate or reject a price increase request.

If a price request cannot be negotiated that is acceptable, the City reserves the right to not offer an extension of a contract and seek bids for a new contract.

8. SPECIFICATIONS

8.1 MOWING SERVICES - GENERAL

8.1.1 DESCRIPTION

A. Grass is to be mowed to a height of no shorter than three inches (3") nor longer than four inches (4"). The City reserves the right to change the mowing height of individual locations based on needs.

B. Grass and weeds at perimeters and at base of trees or shrubs, around curbs and concrete/asphalt sections, and around fences and posts or any other objects that the lawn mower cannot reach, are to be trimmed to the same height as the mowed grass.

C. Sites will be tentatively mowed on a schedule approved by the ordering department. Each mowing will be considered a cycle.

D. Cycles are subject to change at the discretion of the City as a result of wet or dry weather conditions.

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E. Mowing shall be performed in an orderly manner to prevent a spotty, patchwork appearance to lawn when weather prohibits completion of a site within one (1) day.

F. No grass clippings shall remain on any adjoining sidewalks, drives or roads. No grass clippings shall be distributed or remain in garden beds, playgrounds, courts, water features, baseball infields, or any other permanent feature.

G. No work is to be performed without the specific prior authorization of the City as ordered by a purchase order.

H. The Contractor shall maintain all sites in a neat and orderly fashion at all times and shall remove all tools, equipment and personal belongings at the end of each work day. Any tools, equipment or personal belongings left behind by the Contractor shall not be the responsibility of the City of Rochester.

I. Gates opened to access sites shall be closed and locked upon completion.

J. Mowing shall be completed in a safe and responsible manner.

Caution shall be exercised around park users on the site during mowing operations.

K. The Contractor shall complete the lawn mowing within three (3) days of authorization.

8.2 MOWING SERVICES - SPECIFIC

8.2.1 LOCATIONS & SIZE

A. Rush Reservoir (10.9 Acres) 1707 Rush Henrietta TL Road Rush, NY 14543

B. Cobbs Hill Reservoir (19.02 Acres) 1530 Highland Avenue Rochester, NY 14618

C. Highland Reservoir (2.6 Acres) Reservoir Avenue Rochester, NY 14620

8.2.2 SCHEDULE

A. The Contractor shall complete each mowing cycle within three (3) working days after the request of the department.

B. Each site will be mowed, as requested, between the months of April 1 and October 31. The City anticipates a maximum of twelve

(12) mowings. A total number of mowings is not guaranteed.

More or less mowings may be required depending upon the growing season.

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C. The work to be performed in this contract shall be based on a five

(5) day, 40 hour work week, Monday through Friday, for an eight

(8) hour period between 7:00 a.m. and 5:00 p.m., with the exception of all legal holidays.

D. In the event that work cannot be completed between Monday and

Friday, mowing may be performed on Saturday for a maximum of 8 hours between 7:00 a.m. and 5:00 p.m., provided total hours worked do not exceed 40 hours weekly for 5 days at 8 hours maximum per day.

E. Saturday hours shall only be authorized when circumstances (i.e., weather conditions) prohibit the Contractor from the performance of the contract Monday through Friday.

F. No overtime pay is authorized, nor will it be paid by the City for any work performed under this contract. However, the Contractor is required to pay overtime in accordance with labor law if the Contractor schedules employees to work overtime.

G. Each site shall be completely mowed in one day.

H. Mowing shall be performed in an orderly manner to prevent a spotty, patchwork appearance to lawn when weather prohibits completion of site within one (1) day.

8.2.3 PERFORMANCE

A. The grass shall be cut no shorter than three inches (3") nor longer than four inches (4"), and the mowing service will include trimming around all objects that the lawn mower cannot reach and specified wooded areas.

B. No work is to be performed without the specific prior authorization of the department.

8.3 LOCATION

8.3.1 There will be various City-owned reservoirs assigned to the Contractor at the beginning of the contract period.

8.3.2 The City will provide the Contractor with a list of sites to be maintained, and, where appropriate, maps showing details of each location.

8.3.3 The Contractor shall maintain a log of dates indicating when the sites were cut. This log will be submit to the City upon request. The log shall be conveyed in an electronic format, via fax machine, or hand delivered.

8.4 PERFORMANCE

8.4.1 The Project Manager or duly authorized representative shall inspect each location upon completion of maintenance visits (e.g., debris and trash removal, cutting, and trimming). Any noted deficiencies in the work shall

524940 6 be corrected by the Contractor within twenty-four (24) hours and prior to final approval and payment for that cycle.

8.4.2 Any location not cut to the above specifications will be deemed incomplete and not paid as part of that cycle. Any location(s) where trash has not been picked up or has been cut by mowers and/or line trimming not completed will not be paid as part of that cycle.

8.4.3 The City reserves the right to inspect the Contractor’s work at any time, and notify the Contractor of deficiencies. If the Contractor fails to correct the noted deficiencies or the maintenance work continues to be deficient, the City may elect to proceed against the performance bond and/or elect to terminate the contract due to the Contractor’s non-performance.

8.4.4 It is the responsibility of the Contractor to notify the Project Manager of any problems that may arise during the course of the contract.

9. CONTINGENT ITEMS

9.1 CHEMICAL MAINTENANCE (CONTINGENT ITEM)

It is the intent of the City to have a chemical treatment program which is based upon organic fertilizers and controls. Use of synthetic non-organic controls will not be accepted unless there is no organic alternative. Bidders are to supply sufficient information with the bid to permit the City to evaluate whether the bidder's program is based upon organic fertilizer and weed controls including the type and application rate of products to be applied at each treatment, including nitrogen, phosphorous, potassium, (NPK) analysis, type of chemical or products used and Material Safety Data Sheets for any hazardous product.

9.1.1 At no time will the application of hazardous, toxic products be permitted on reservoir embankments or in a manner which may contaminate the City water supply or neighboring properties.

9.1.2 No vehicles will be permitted around the top of the embankments of

Highland or Rush Reservoirs, where disoperation may result in the contamination of the public water supply, by driving the vehicle into the water, or by upsetting any of the chemicals or products contained within the vehicle.

9.1.3 The bidder must register with the New York State Department of

Environmental Conservation and comply with all requirements and standards thereof, prior to award of contract. The bidder must supply proof of registration.

9.1.4 Fertilization

A. Standard slow releasing fertilization shall be slow release nitrogen, forty-five (45) pounds per acre. Potash, forty (40) pounds per acre.

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B. Material requirements for fertilizers shall be in compliance with Section 713-03 of the NYSDOT Standard Specifications of January 2, 1990 and approved by the City's representative.

C. Fertilization shall be performed in a timely manner and in accordance with soil analysis and/or manufacturers recommendations for maximum effect.

9.1.5 Weed Control

A. Material requirements for weed control shall be in compliance with Section 713-13, Herbicides, of the NYSDOT Standard Specifications of January 2, 1990 and approved by the City's representative.

B. Special attention must be given to selection and application of products to be used so that no leaching or bleeding off target, damage to surrounding plant material, or contamination to the public water supply occurs.

C. Fence lines as ordered by the City representative are to be treated with a control to kill all existing vegetation growing on the fence and prevent regrowth, if possible, through the entire season.

Where regrowth occurs, additional treatment must be applied.

9.1.6 Sulfur Application

A. Elemental sulfur (90%) shall be applied at a rate of two (2) pounds per one thousand (1,000) square feet.

B. Elemental sulfur shall be applied in accordance with manufacturer's recommendations for maximum effect and safety.

9.2 SEEDING (CONTINGENT ITEM)

9.2.1 Shall be performed in compliance with Section 610-3.02 of the NYSDOT Standard Specifications.

9.2.2 Quality of seed shall be in compliance with NYSDOT Standard

Specifications, Section 713-04.

9.2.3 Seed mix must be approved by the City representative prior to any seeding.

A. Seed shall be Lesco Tufturf Mix No. 007343 or equal. Seed mix shall be composed of approximately 29% Wrangler Tall Fescue, 29% Cimarron Tall Fescue, 29% Trail Blazer Tall Fescue, 10% Julia Kentucky Bluegrass, 0.02% other crop seeds, 0.51% inert matter, 0.0% weed seed.

B. As required for desired aesthetics and maintenance level.

C. As required to tolerate site conditions.

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9.2.4 Mechanical seeding

A. Shall be performed using a turf-type disk seeder or power drill seeder.

B. Shall place seeds into soil no less than 1/8 inches, no deeper than

1/4 inches.

C. Shall be performed in several directions, including diagonally for maximum uniform seed distribution.

9.2.5 Hydroseeding

A. Shall be performed where steep slopes are inaccessible to mechanical seed application.

B. Mix shall include seed and soil stabilizer approved by the City.

C. Solids in mix shall not exceed 150 pounds per 100 gallons of water.

D. Mulch anchorage shall conform to NYSDOT Standard Specifications Section 713-12.

E. Wood fiber mulch shall conform to NYSDOT Standard

Specifications Section 713-11.

9.2.6 Broadcasting Seed

A. Shall be applied using a whirlwind or cyclone seeder, adjustable for even distribution of the manufacturer’s recommended seed application rate.

B. Seed shall be covered with 1/4 inch of soil or less by cultipacking, raking or other acceptable methods.

9.3 CORE AERATION (CONTINGENT ITEM)

9.3.1 Shall be performed mechanically to remove small cores of soil and thatch from the lawn.

9.3.2 The aerator tines shall be the open type to divot the soil surface.

9.3.3 The aerator tines shall be approximately 3/4 inches in diameter with up to a three (3) inch penetration depth.

9.3.4 The spacing between aerator tines shall be no greater than six (6) inches.

9.3.5 Aeration shall be performed in late summer/fall between August and November.

9.3.6 Aeration shall be performed before or concurrent with late fall fertilization.

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9.4 LABORATORY SOIL ANALYSIS (CONTINGENT ITEM)

A. Upon request, the Contractor shall obtain a representative composite sample taken from ten (10) to fifteen (15) uniform sub-samples from the upper six (6) inches of soil, etc. per the Cornell “Instructions for submitting a soil sample".

B. Shall be performed by the Cornell Nutrient Analysis Laboratories at 804

Bradfield Hall, Cornell University, Ithaca, NY 14853, (607) 255-4540

C. Shall consider soil sample environment, drainage, soil texture, topography, turfgrass species, etc. as contained on the Cornell Laboratories information sheet.

D. Reports shall contain soil test results for acidity, phosphorous, potassium, magnesium, calcium, aluminum, iron, manganese, zinc, organic matter, nitrate, and salts.

E. Reports shall provide recommendations for sulfur and fertilizer applications.

10. WORK SCHEDULES

10 .1 All work will be closely monitored and approved by the Project Manager, or a duly authorized City representative.

10 .1.1 It will be the responsibility of the Contractor to inform the Project Manager of the time, location and nature of all work to be performed one (1) day prior to start-up.

10 .1.2 The Contractor shall perform this work only at times when the Project

Manager or authorized agent can closely monitor the work, i.e., Monday through Friday, between the hours of 7:00 a.m. - 5:00 p.m. as referenced in Section 9.1.2.

10 .1.3 The Contractor must notify the Project Manager after work has been completed and present an inspection report for the Project Manager’s signature.

10 .2 No payment will be made to the Contractor for work performed without a signed inspection report.

11. EQUIPMENT

11.1 The Contractor shall provide all lawn mowing and trimming equipment, materials and supplies sufficient for completion of this work, including but not limited to mowers, trimmers, plastic bags, rakes, gloves, etc. The equipment shall be fit for its purpose to the reasonable satisfaction of the City, and shall evenly and uniformly cut the grass to the required height.

11.2 If the Contractor's equipment damages the existing turf, the Contractor shall cease using the equipment and shall replace it with suitable equipment that does not damage the turf. The Contractor shall restore any damaged areas in a timely manner as determined by the City.

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11.3 The City reserves the right to dictate the type and size of equipment for individual sites base on the site terrain or other factors.

11.4 Lack of proper equipment may result in the rejection of the Contractor’s bid.

12. CONTRACTOR'S EMPLOYEES

12.1 The Contractor shall employ only competent and trustworthy individuals to work under the supervision of an experienced foreman. Employees shall dress in a professional and appropriate manner.

12.2 The Contractor shall assign an adequate number of employees to be able to pick up debris, mow and line trim the site in one day.

12.3 The City reserves the right to direct the removal and / or replacement of any employee who demonstrates a lack of competence or experience in the work that is specified within this document, or presents himself / herself in an inappropriate manner, either in conduct or attire.

13. DAMAGE

13.1 All damage to public or private property must be immediately reported to the City Contract Manager or duly Authorized City Representative.

13.2 All damage to utilities must be reported to the managing utility company and the

City Contract Manager or duly Authorized City Representative immediately.

13.3 The Contractor is responsible for any damage caused by its crews.

13.4 Care shall be taken around trees and shrubs so not to cause damage to branches or trunks of trees and shrubs with mowing equipment. Fines shall be assessed per City Code 89.12 for damaged to trees caused by mowers or line trimmers.

13.5 Incidental lawn damage shall be repaired at the expense of the Contractor.

14. COMMUNICATION

14.1 The City of Rochester may issue the Contractor a GPS-enabled cellular phone for any or all crews.

14.2 The Contractor must be available by cell phone during regular working hours, 7 a.m. to 6 p.m. The Contractor will supply a cell phone number AND an office number where they can be reached as needed.

15. QUALIFICATIONS

15.1 The City reserves the right to not accept a bid from a bidder who cannot demonstrate, to the complete satisfaction of the City, the bidder has the equipment, financial resources, personnel, experience and facilities to provide high quality and timely lawn maintenance services to the City as specified herein.

15.2 The City’s determination of a bidder’s qualifications will include, but not be limited to evaluation of the following items:

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15.2.1 Years of service providing mowing and lawn maintenance services to large scale operations similar to the scope of services specified herein.

15.2.2 Prior experience by the City with the bidder,

15.2.3 The bidder’s scope of operations and a realistic business plan that demonstrates the bidder’s understanding of the scope of work and how the work will be accomplished in the time frames specified,

15.2.4 The bidder’s ability to provide the job completion documentation on a timely basis.

15.2.5 At least three references that the City can verify for comparable work.

15.3 Bidders must submit with their bid a list of the equipment that they have available for use on this contract. The City reserves the right to inspect the equipment before the start of the mowing season, and to require the Contractor to replace any equipment that is unacceptable and/or fails to perform the work to the satisfaction of the City.

15.4 The Contractor is not permitted to subcontract any work of this contract. All work must be performed by the Contractor’s employees.

15.5 Each bidder must submit with the bid the Bidder Questionnaire (attached) and provide the requested information, including a list of all owners and principals involved with their company.

15.6 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 upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the City or has failed to perform faithfully with the City.

16. NON-SPECIFIED RELATED WORK

16.1 The City may negotiate prices with the Contractor for lawn mowing or related work of a similar nature not specified herein that may come up during the contract term.

16.2 Any work as described in 16.1 will be added to the contract after the Contractor has submitted a written price quotation to the Director of Purchasing for proper authorization and/or approval. Services rendered without prior consent of Purchasing will not be paid for by the City.

16.3 The City reserves the right to bid any additional work competitively if it is in the

City's best interest.

17. CITY AND NYSDOT CONSTRUCTION DOCUMENTS

17.1 The City Standard Construction Contract Documents (November, 1991) and any published updates and NYSDOT (January 2, 1990) Standard Construction Specifications and any published updates as they apply to the work of this contract, are incorporated herein by reference.

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17.2 City and state construction documents incorporated into this contract are provided on the City’s web site at http://www.cityofrochester.gov/Specifications/

18. METHOD OF PAYMENT

18.1 The method of payment will be the cycle price bid times the quantity of cycles completed. Provision shall be made for the proration of the cycle price in the following circumstances:

a. Assigned work is not satisfactorily completed during the cycle

b. The City chooses not to assign specific sites during a particular cycle as climate and growing conditions warrant

18.2 The unit prices bid shall include the cost of all materials, labor, equipment and appurtenances necessary to complete the work ordered in a workmanlike manner.

18.3 All costs incidental to this contract that are part of the standard cycle work shall be borne by the Contractor. Contingent work shall be paid consistent with the prices bid.

18.4 The Contractor shall invoice the City each month for mowing cycles completed during the preceding month. Payment will be made monthly for all work satisfactorily completed since the previous payment.

18.5 Payment will be made as a lump sum for each complete mowing cycle. A "complete mowing cycle" will consist of the completion of a mowing at each of the three (3) sites.

18.6 Unit prices for each location must be shown on the Proposal, and must add up to the Complete Mowing Cycle Unit Price. In the event of not all locations are completed on a given cycle, The City will pay the unit prices for each location that was completed.

18.7 Each invoice shall contain an itemized listing of all work activities and locations performed during the current billing period and their associated costs. Also included with each invoice shall be the cycle number and purchase order number.

18.8 Invoices are to be submitted to the following address for approval by the City:

City of Rochester

Kimberlee Petrino Hemlock Water Treatment

7412 RIX HILL ROAD

HEMLOCK, NY 14466

18.9 Payment will be made as a lump sum.

18.10 It is the responsibility of the Contractor to submit any and all invoices in a clear, concise, complete, and timely manner. The City will not be responsible for delayed payment due to Contractor error, omission, or tardiness.

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19. TERMINATION OF CONTRACT

19.1 TERMINATION FOR CONVENIENCE OF CITY

This contract may be terminated by the City in accordance with this Section in whole, or from time to time, in part, whenever for any reason the City shall determine that such termination is in the best interest of the City. Any such termination shall be effective upon written notice to the Contractor, and the City shall not be held liable for such termination.

19.2 TERMINATION FOR DEFAULT

19.2.1 One or more incidences where the City must obtain lawn mowing service on the open market may result in the Contractor being found in default of this contract.

19.2.2 The performance of work under this contract may be terminated by the

City in accordance with this clause in whole, or from time to time, in part, if the Contractor defaults in performance of this contract in accordance with its terms and fails to cure diligently such default within a period of a mowing cycle (or such longer period as the City may allow) after delivery by the City of a notice specifying the default.

19.2.3 If this contract is terminated, the City may take over the work and services and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the City for any excess cost occasioned thereby.

19.2.4 This contract may not be terminated if the failure to perform arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor.

20. INSURANCE

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 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.

C. 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

524940 14 project.

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

20.1 WORKERS' COMPENSATION AND 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

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.

20.2 CASUALTY INSURANCE

A. Comprehensive General Liability Insurance.

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

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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

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.

21. BONDS

21.1 BID BOND SECURITY

21.1.1 A bid bond in an amount of One-Thousand Dollars ($1,000) must be submitted with the bid. As of Options, the City will accept cash, certified check, bank check, or irrevocable letter of credit payable to the City of Rochester.

21.1.2 The bid security of the successful bidder will convert to a performance security, upon contract award and will be held by the City for the life of the contract.

21.2 PERFORMANCE SECURITY

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The $1,000 bid security of the successful bidder will be rolled over to a performance security. The $1,000 performance security shall be held as security for the faithful performance by the Contractor of all items and conditions of the contract. It will be released within ten (10) days of receipt of approval of contract completion if requested by the Contractor, or at the end of the season.

However, the City reserves the right to hold the performance security upon approval of the Contractor to be used as the performance security for any contract extension.

22. SUBMITTAL OF BIDS

22.1 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 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.

22.2 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.

22.3 ALL BIDS WILL BE OPENED VIA ZOOM

BID CLOSING: Tuesday, September 1, 2026 at 11:00 A.M.

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

22.4 Bid results will be published on Bidnet.

23. CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

23.1 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.

23.2 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.”

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23.3 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.

23.4 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.

23.5 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.

24. W-9

Bidders must submit a completed W-9 with the bid.

25. 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:

25.1 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.

25.2 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.

25.3 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.

P R O P O S A L

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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.

MOWING SERVICES:

MOWING SERVICES

UNIT EST. MOWING TOTAL

PRICE PER SEASON BID PRICE

Complete Cycle Mowing $_________x 12 = $ _____________

BREAKDOWN OF UNIT PRICE 'PER COMPLETE CYCLE MOWING'

(MUST ADD UP TO UNIT PRICE BID ABOVE)

Rush Reservoir (10.9 Acres) $________________________

Cobbs Hill Reservoir (19.02 Acres) $________________________

Highland Reservoir (2.6 Acres) $________________________

W-9 Attached: ____

Bidder Questionnaire Completed and Attached: ____(YES)

New York-certified MWBE:________YES

Authorized Signature Typed Name and Title of Authorized Signer

Typed Name of Company

(Continued through Page 21)

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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.

CONTINGENT UNIT PRICES

STANDARD FERTILIZATION $_______________________ per Acre

WEED CONTROL, FENCE LINES $_______________________ per Square Foot

MECHANICAL SEEDING $_______________________ per 1,000 Square ft.

HYDROSEED, MULCH, STABILIZER $_______________________ per 1,000 Square ft.

BROADCAST SEED $_______________________ per 1,000 Square ft.

CORE AERATION $_______________________ per Acre

SOILS ANALYSIS $_______________________ Each

ELEMENTAL SULFUR APPLICATION

2 lb./1000 SF $_______________________ per 1,000 Square ft.

QUESTIONNAIRE FORM FOR CITY SPECIFICATIONS

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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, 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 materials or services as specified.

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PRINT OR TYPE THE FOLLOWING INFORMATION:

Name of Firm or Corporation

Street Address

City State Zip Code

Telephone / Fax No. Federal Employer Identification 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

Date: ________________

BIDDER QUESTIONNAIRE (Page 1 of 2)

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TO BE FILLED OUT BY THE BIDDER AND SUBMITTED WITH THE BID PROPOSAL

1. EXPERIENCE

For what period of time has the entity bidding on this contract been in the business of lawn mowing and/or general landscaping?

2. EQUIPMENT

What equipment does the bidder currently own or lease that will be available for the performance of this contract? (Attach additional sheet as necessary.)

3. REFERENCES

List below three clients familiar with the bidder's performance of work similar to that of this contract.

1.) Name:_____________________________________________________

Address:__________________________________________________

Contact Person: __________________________________________

Phone Number: ( ) _________ - ______________

2.) Name:_____________________________________________________

Address: _________________________________________________

Contact Person: __________________________________________

Phone Number: ( ) _________ - ______________

3.) Name:_____________________________________________________

Address:__________________________________________________

Contact Person:___________________________________________

Phone Number: ( ) _________ - _____________

BIDDER QUESTIONNAIRE (Page 2 of 2)

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4. PROFESSIONAL MEMBERSHIPS

Please list any Professional Memberships that the bidder is an active member of.

5. PRINCIPALS AND OWNERS

6. OTHER

List here any information you wish to have considered in evaluating your firm's qualifications:

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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, 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 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.

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

524940 25 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 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…