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

PRIVATE PROPERTY LAWN MAINTENANCE

Invitation to Bid No. 524950 Issued: August 24, 2026

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

BID CLOSING: Thursday, September 17, 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 MEETING: Thursday, September 10, 2026 at 11:00 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

Type of Contract: TERM CONTRACT WITH OPTION TO EXTENND

Bid Bond Required: $1,000.00, SEE SECTION 20

Performance Security Required: $5,000.00, SEE SECTION 20

Labor and Material Payment Security Required: $5,000.00, SEE SECTION 20

Additional Security Required: $ 1,000.00 SEE SECTION 20

Insurance Requirement: YES, SEE SECTION 17

NYSDOL Certificate Registration: YES

Descriptive Literature/Technical Data Requirement: NONE

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 The City of Rochester request bids for the Yard Maintenance of Privately-Owned Properties located throughout the City. The contract will be utilized upon failure of the property owners to comply with City yard maintenance code requirements.

1.2 Bidders should carefully review the Insurance Requirements of Section 17, and must certify on the Proposal that they have the insurance specified.

1.3 The terms yard and lot shall mean the same.

2. SPECIFICATIONS

See Appendix “A” for detailed specifications. All terms and conditions in Appendix A apply to this contract.

3. TERM OF CONTRACT

3.1 The contract resulting from this Bid Invitation shall commence on the date of award and end on December 31, 2026.

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

4 COMPETENCY OF BIDDER

4.1 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 said City or has failed to perform faithfully with the City.

4.2 Contractor must submit with their bid a list of all owners and principals involved with their company.

5. METHOD OF AWARD

5.1 The City intends to award this contract to the responsive and responsible bidder(s) whose bid is the lowest best value offer to the City on the basis of Cost Per Yard Price.

5.1.1. The Cost Per Yard shall be the cost to perform the work described in

Appendix A, Detailed Specifications, GENERAL NOTES, for a standard lot size of 40’ x 100’. See Appendix A, FEES AND PAYMENTS, for more information about how the City will determine the lot sizes and amounts to be paid to the contractors.

5.2 The City reserves the right to award each Group to separate contractors or to the same contractor, in the event that contractor has the lowest bids on multiple groups.

5.3 For purposes of this bid, if one or more bids are submitted by a business certified as an MWBE business by New York State on the date of the bid, 524950 2 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.

5.4 The City reserves the right to reject any bid where the unit price offered are unbalanced or are inconsistent with current market prices.

5.5 Bidders must bid all items within each group in order to be considered for award for that Group.

5.6 The City reserves that right to award a Primary Contractor based on:

5.6.1 The lowest bid for the Cost Per Yard.

5.6.2 The City accepting the bidder’s Work Capacity, i.e. total number of yards the bidder can care for in one day (reference Section 7).

5.6.3 The City accepting the contractor as qualified (reference Section 20).

5.7 The City reserves the right to award a secondary contract to the next lowest responsive and responsible bidder based upon the three factors identified in Section 5.2. The intent is to provide the City with a back-up (secondary) contractor that the City can use in the event the Primary Contractor is unable to complete the work within the time frame specified in the bid specifications.

5.8 The cost for the Partial Work Order, Trim Fence Lines only (Section 12.1) must be bid, however, that price shall not be used to determine the low bid for award, which is described in Section 5.1. However, the City reserves the right to reject a bid as being non-responsive if the price quoted is unbalanced or not consistent with current market pricing.

6. ESTIMATED QUANTITIES

6.1 Based upon 2016 data, the estimated number of lots to be maintained under this contract is 1,200. This is an estimate only. The contractor may have to service any individual lot multiple times over the course of the growing season. The City may request services for substantially more or less than this number over the course of the growing season.

6.2 During peak growing season, the City may call for service for approximately 40 to

50 lots per day, multiple times per week. Bidders must indicate on the Proposal

524950 3 their Work Capacity, which is the estimated number of yards the bidder can clean and trim per day during the peak season.

6.3 The City makes no guarantees as to the actual amount of work that will be ordered on any given day or week. Because the number of yards per day or week may vary significantly (from a peak of 50 to a low of 0), the bidder must have the workforce flexibility to adjust to meet the requests for service from the City.

7. WORK ORDERS

7.1 Work orders shall be issued by fax or e-mail directly to the contractor. Faxed or e-mailed orders shall constitute official notice to proceed.

7.2 The contractor shall complete the yard maintenance within three (3) days of the issuance of a work order. If rain prohibits the completion of the work within the three (3) days given, a fourth day shall be allowed.

7.3 If the contractor is not able to complete all the work orders within the time required, the contractor must notify the Contract Manager or other designated representative. The Contract Manager will determine whether or not to utilize the secondary contractor to complete the work orders. Repeated instances of failure to complete the work orders in the timeframe approved by the Contract Manager may result in a finding of default of contract.

8. PAYMENT SUBMITTAL

8.1 Upon completion of the property, the contractor shall submit to the Contract Manager a pre- and post-inspection report, in a form acceptable to the City that describes in sufficient detail the work performed at the property.

8.1.1 All paperwork and photo documentation must be submitted by 5:00 p.m.

the following Thursday after work is completed in order for payment to be approved.

8.2 Included in the report will be pre-work (“before”) and post-work (“after”) photos of the property, both front and back.

8.2.1 Photos are to be dated and show the house number.

8.2.2 The “after” pictures are to be of the same shot and angle as the “before” pictures.

8.2.3 If completion of the site is not clearly shown by the photograph, the City reserves the right to withhold payment for that property.

8.2.4 The Contract Manager has the right to make the final decision about whether or not the documentation is complete and sufficient to demonstrate that work was done as described in this Section.

8.3 Failure to submit the documentation required in this Section may result in the City refusing to pay the contractor for work billed. The City will not pay for any work billed until the City has sufficient proof that in fact the work billed was performed as required by the contract

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9. CONTRACTOR ACCESSIBILITY

9.1 Contractor must be available by phone Monday through Friday from 9:00 AM to 5:00 PM within two hours from the City placing a call.

9.2 The contractor must provide a working cell phone number, e-mail and/or fax, and an office, landline phone number for the Contract Manager to use.

10. CONTRACT MANAGER

The Contract Manager will be:

Kevin Milliard 30 Church Street, Room 028-B Rochester, New York 14614 Office #: 428-1180 FAX#: 428-6287

Or other designated City official.

11. PARTIAL WORK ORDERS

11.1 In the event that the property owner mows the property prior to the contractor’s arrival, leaving high grass and/or weeds along the fence line for the contractor to complete, the contractor shall bill the City for trimming fence lines only.

11.1.1 In the event the property is completed prior to the contractor’s arrival, the contractor shall bill the City a flat fee of ten dollars ($10.00).

11.1.2 In the event the contractor has to trim the fence lines, the contractor shall bill the City the partial work order – fence line amount bid on the Proposal. The bid on the Proposal shall be for a fence line that is no more than 280 linear feet. See Appendix A, FEES AND PAYMENTS, for more information about how the City will determine the lot sizes and amounts to be paid to the contractors for fences and other partial work.

11.1.2 Documentation for partial work orders must include a “before” photo, showing condition of property prior to start by contractor, and an “after” photo, depicting work performed by contractor.

11.1.3 Documentation and a photo must also be submitted, for work completed by property owner prior to contractor’s arrival, in order for the contractor to be paid the $10.00 as outlined in section 11.1.

11.2 In the event that the contract vendor is unable to enter onto the property, due to refusal by the owner or tenant, the contractor shall call the Contract Manager and allow fifteen (15) minutes for the inspector to show and attempt access.

11.3 In the event that the inspector is unable to get to the property within fifteen (15) minutes, or obtain access, the contractor shall bill the City a flat fee of ten dollars ($10.00).

11.4 The Contract Manager’s decision as to how to proceed shall be final.

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12. REQUEST FOR PRICE CHANGE

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

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

12.3 Requests for increases must be documented showing the specific costs to the contractor that have increased. Price decreases (such as fuel) must also be identified. No request shall be granted that will increase net profit for the contractor.

12.4 The decision to approve a price increase during any extension period will rest solely with the City. If the City determines that a price increase requested is not acceptable, the City will terminate the contract and seek new competitive bids.

13. NON-SPECIFIED RELATED WORK

13.1 The Contract Manager may request additional work not specified in this contract.

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

13.2 Any work as described in 13.1 must be authorized by the Director of Purchasing or his/her authorized agent prior to any notice to proceed.

13.3 The contract vendor must submit a written price quotation to the Contract Manager. If acceptable, the Contract Manager will notify the Director of Purchasing for proper authorization or approval. Services rendered without prior approval of Purchasing will not be paid for by the City.

13.4 The City reserves the right to seek new competitive bids for any additional work if doing so is in the City's best interest.

14. FAILURE TO PERFORM

In the event the contractor fails to perform the services specified in this contract, the City may give the contractor a five (5) day period in which to correct such deficiencies.

Failure of the contractor to correct such deficiencies may result in the City proceeding against the performance security in order to get the work done, and/or termination of the contract for default.

15. LABOR STANDARDS REQUIREMENTS

15.1 COMPLIANCE WITH LABOR LAWS

15.1.1 The contractor's attention is directed to the requirements of Sections 230 through 239 & 239-a 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.

15.1.2 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

524950 6 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 Section 233 of the New York State Labor Law.

15.1.3 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 Project Manager, for transmission 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.

15.1.4 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.

15.2 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 thereunder except as the Commissioner of Labor may specifically provide for variations of or exemptions from the requirements thereof.

15.3 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.

16. PREVAILING WAGE RATES

16.1 Incorporated in these Contract Documents 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.

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16.2 In the event that the prevailing rate of wages or supplements change after the bids have been opened, or after the contract is let, an updated schedule will be issued by the State Department of Labor. Contractor is solely responsible for keeping up to date on all wage rate changes. Each workman, laborer or mechanic shall be paid or provided not less than the new updated rates.

16.3 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.

16.4 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.

17. INSURANCE

17.1 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..

17.2 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.

17.3 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.

17.4 The kinds and amounts of insurance are as follows:

17.4.1 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.

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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.

17.4.2 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

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

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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.

18. NON-DISCRIMINATION

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

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

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

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

19. BIDDER’S QUALIFICATIONS

19.1 Bidders must be able to demonstrate to the City that they have sufficient experience, equipment and employees to be able to perform the work specified herein. As described in Appendix A, each bidder must submit with the bid:

19.1.1 Documentation that provides the bidder’s history of experience with servicing a contract similar in size and scope to this contract,

19.1.2 The list of equipment the bidder has to service this contract. The equipment must be owned and/or leased by the bidder and in good operating condition to be able to service this contract. Proof of ownership and/or lease agreements covering the growing season (April 1 to October

31) must be presented to the City by a bidder within three (3) days of

524950 10 request. A bidder must further allow the City to inspect the equipment proposed to verify that it is in good operating condition. Should a bidder not be able to provide the City with the required documentation or prove the bidder has sufficient good equipment to perform the services of this contract, the City reserves the right, in its sole discretion, to disqualify that bidder as being non-responsible, and/or to consider this bidder only as a secondary contractor, for purposes of the award of this contract.

19.1.3 The number of lots the bidder can service at any one time so that the City knows the capacity the bidder has to service this contract within the time period specified.

19.2 Bidders are required to use their own employees to perform the services required. Bidders may not subcontract any of the work of this contract without the express prior written consent of the City.

19.3 The City reserves the right to require any bidder to submit additional references or other information, such as but not limited to the bidder’s long term experience as a viable company, the names and addresses of the principals and owners of the bidding company, the financial resources of the bidder, business plan and other information needed to demonstrate that the bidder will be able to meet the service requirements of this contract. The City further reserves the right, in its sole discretion, to reject any bidder who is unable to demonstrate the bidder’s ability to meet the service requirements of this contract, based upon information submitted to and/or obtained by the City, including past performance on this or similar City contracts. In particular, if a bidder has a track record of poor performance on this or similar contracts with the City in the last three years and if the bidder is unable to demonstrate to the City’s satisfaction changes that the bidder has made (such as, but not limited to more employees, more or better equipment, etc.), then the City reserves the right, in its sole discretion, to disqualify that bidder as being non-responsible, and/or to consider this bidder only as a secondary contractor, for purposes of the award of this contract.

20. BONDS

20.1 BID BOND

A bid bond in an amount of One Thousand Dollar ($1,000) shall be furnished with each bid. At its option, the City shall have the right to accept Cash, a Certified check, or a Letter of Credit in satisfaction of this requirement.

20.2 PERFORMANCE AND OTHER BONDS

20.2.1 The primary contractor must furnish two executed surety company bonds, each in the amount of Five Thousand Dollars ($5,000).

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.

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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 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 letter of credit in satisfaction of the foregoing requirements. Submission of personal checks, or checks that are not certified, will result in bid rejection.

B. In the event the contractor submits cash or a cash instrument as alternate security, the City will accept $5,000.00 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.

20.2.3 The secondary contractor will not be required to provide the two surety bonds required in Section 20.2.1 or the alternate security required in Section 20.2.2.

20.3. CASH PERFORMANCE SECURITY

20.3.1 To ensure effective performance of this contract, the successful bidder shall provide, in addition to the performance bond referenced in Section 20.2, a performance security in the amount of $1,000.00 in the form of cash or certified check. If the bid bond is a cash instrument, upon approval of the bidder, the City will roll the bid bond over into the cash performance security. Otherwise, the successful bidder must provide the $1,000 to the City upon award of contract.

20.3.2 This cash performance security will be used to defray costs in excess of the contract prices incurred if the contractor does not perform within the time stipulated herein.

20.3.3 Should the City proceed against this cash security, the City retains the right to proceed against the performance bond referenced in Section

20.2 in order to obtain complete satisfactory performance of the entire contract.

20.3.4 If the City awards a secondary contract, the secondary contractor must also provide the cash performance security as stated in Section 20.3.1

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21. W-9

A W-9 is required with all bids.

22. CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

22.1 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.

22.2 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.”

22.3 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.

22.4 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.

22.5 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.

23. SUBMITTAL OF BIDS

23.1 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.

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23.2 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.

23.3 ALL BIDS WILL BE OPENED VIA ZOOM

Thursday, September 17, 2026 at 11:00 A.M.

Meeting ID: 3047926947

Passcode: 3047926947

23.4 Bid results will be published on Bidnet.

24. 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.

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 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 that have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed prior to the 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.

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P R O P O S A L

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.

STANDARD MAINTENANCE COST PER YARD

1. LAWN MOWING/RAKING/TRIM FENCE LINES/

LITTER REMOVAL - TOTAL MAINTENANCE COST

FOR ONE (1) 40’ x 100’ LOT (Per Detailed Specifications Appendix A) $ _________________

WORK CAPACITY – (Reference Section 6 and Appendix A) Estimated number of lots the bidder can care for in one day ______________/per day

2. PARTIAL WORK ORDER – (Reference Section 11 and Appendix A) Work Order, Trim Fence Lines only for One standard lot, i.e. two hundred eighty (280) linear feet

(Per Detailed Specifications Appendix A) $______________________

Authorized Signature Typed Name and Title of Authorized Signer

Typed/Printed Name of Company (Continued through Page 17)

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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.

CHECK LIST – Items to be Supplied With the Bid

___ List of owners and principals of the company (Section 4)

___ Statement of Qualifications/Experience including references (Section 19.1.1)

____Equipment List (Section 19.1.2)

____W-9

____Disposal Plan (Appendix A General Notes Item 5)

New York State-certified MWBE:_________YES

Bidder certifies the ability to meet the Insurance Requirements of Section 17: Yes___ No___

Typed/Printed Name of Company

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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.

Typed Name of Company

524950 17

PRINT OR TYPE THE FOLLOWING INFORMATION:

Name of Firm or Corporation

Street Address

City State Zip Code

Telephone / Fax No. / Cell 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: ________________

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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 entirely the bidder’s responsibility to ensure that the bid is received in the office of the Director of

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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 if the bidder agrees to an extension upon request of the Director of Purchasing or otherwise does not formally withdraw the bid.

7. Conditional Bids: Qualified bids are subject to rejection in whole or in part.

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

9. Bids for All or Part: Unless otherwise specified by the City or by the bidder, the Director of Purchasing reserves the right to make 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.

10. Errors in Bids: When an error is made in extending total prices, the unit bid price will govern.

Carelessness in quoting prices, or in preparation of bid otherwise, will not relieve the bidder.

Erasures or changes in bids should be initialed.

11. 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, in ample time before the bid closing date.

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.

12. 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

524950 20 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.

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

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

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

16. Competency of Bidder: No proposal will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the City upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to said City or had failed to perform faithfully within the prior two (2) years of any contract with the City. The bidder must present within 48 hours of a request evidence satisfactory to the Director of Purchasing of performance ability and possession of necessary facilities, pecuniary resources and adequate insurance to comply with the terms of these specifications and contract documents.

BID AND PERFORMANCE SECURITIES

17. Bid Security: Bid Bond, Cash, Certified or Cashier's Check, Letter of Credit: When required, each bid shall be accompanied by a bid security. This may be in the form of cash, a bid bond signed by a surety company authorized to do business in the State of New York, or by a cashier's check, certified business check, treasurer's check or other direct obligation drawn on a responsible bank doing business in the United States, or a Letter of Credit on a form acceptable to the City, and shall be made payable to the City of Rochester, unless the bidder has on file with the Director of Purchasing an annual bid bond approved by the City with an uncommitted balance equal to the certified check requirements. When computing amount of Bid for bid security purposes, do NOT deduct for trade-ins. U.S. Postal Money Orders are acceptable in lieu of certified checks. Bid securities of non-awarded bidders will be returned after the contract has been awarded. No interest will be paid on bid securities held by the City.

18. Annual Bid Bonds: Bidders who regularly do business with the City shall be permitted to file with the Director of Purchasing an annual bid bond in the amount specified below. The bond may be in the form of a bid bond, cash, certified check or Letter of Credit. Such annual bonds shall be acceptable as surety in lieu of the furnishing of surety with each individual transaction.

Annual bid bonds shall be in an amount as determined by the bidder, of no less than Five Thousand Dollars ($5,000.00). If at any time, the requirements of a specific Invitation to Bid exceed the amount of the annual bid bond on file, or should the aggregate amount of the bid

524950 21 security requirements on all open and un-awarded bids submitted by the bidder exceed the amount of the annual bid bond, additional surety will be required to meet the requirements of the bid. The additional amount must be submitted with the bid. No interest will be paid on annual bid bonds held by the City.

19. Performance Security: Performance Bond, Cash, Certified or Cashier’s Check, Letter of Credit: The successful bidder or bidders for this bid must furnish a performance security for the faithful performance of this contract when required in the Invitation to Bid. This may be in the form of cash, a performance bond signed by a surety company authorized to do business in the State of New York, or by a cashier's check, certified business check, treasurer's check or other direct obligation drawn on a responsible bank doing business in the United States, or a Letter of Credit on a form acceptable to the City, and shall be made payable to the City of Rochester, For a bond, the surety thereon must be such surety company or companies as are authorized and licensed to transact business in the State of New York. Attorneys in fact who sign bid bonds must file with each bond a certified copy of their power of attorney to sign said bonds.

The successful bidder or bidders, upon failure or refusal to furnish within ten (10) days after notification of award the required performance security, shall forfeit their bid security to the City of Rochester as liquidated damages.

20. Samples: Samples submitted by bidders on items which they have received an award may be retained by the City until the delivery of contracted items is completed and accepted. Bidders whose samples are retained may remove them after delivery is accepted. Bidders who are not awarded a bid must remove their samples as soon as possible after award has been made on the item or items for which the samples had been submitted. The City will not be responsible for such samples if not removed by the bidder within thirty (30) days after the award has been made.

Bidders shall make all arrangements for delivery of samples to the place designated by the City as well as the removal of samples. Cost of delivery and removal of samples shall be borne by the bidder. All samples packages should be marked "Samples for Purchasing Bureau" and each sample should bear the name of the bidder, item number, bid number, and shall be carefully tagged or marked in a substantial manner. Failure of the bidder to clearly identify samples as indicated may be considered sufficient reason for rejection of bid, and in such cases the City will not be liable for the loss of samples.

SPECIFICATIONS

21. Trade Names, Specific Models, Etc.: In cases where a product or service is identified by a manufacturer's name, trade name, model number, catalog number or reference, it is understood that the bidder proposes to furnish the item so identified and does not propose to furnish an "equal"…