BID#523420 ROADWAY SNOWPLOWING INITIAL SEASON 2025-2026.pdf

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

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

PRINTED NAME OF BIDDER

ROADWAY SNOWPLOWING INITIAL SEASON 2025-2026

Invitation to Bid No. 523420 Issued: July 14, 2025

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

BID CLOSING DATE: Monday, August 4, 2025 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 via Zoom you may join the meeting in real time. Electronic bids submitted through BidNet will not be accepted.

Business checks and cash are not permitted.

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

PRE-BID MEETING: Wednesday, July 30, 2025 at 11:00 A.M Join Zoom Meeting https://cityofrochester.zoom.us/j/3047926947

Meeting ID: 3047926947 Passcode: 3047926947

CONTRACT CHARACTERISTICS

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

Bid Security Required:$1,000.00 PER ROUTE TIMES MAXIMUM NUMBER OF ROUTES, SEE SECTION 1 OF PROPOSAL PAGE

Performance Security Required:$1,000.00 PER ROUTE, SEE SECTION 15

Insurance Requirement: YES, SEE SECTION 14.

Samples Requirement: NONE

Descriptive Literature/Technical Data Requirement: NONE

Bidder Identification Documents Requirement: YES, SEE SECTION 17

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

ROADWAY SNOWPLOWING INIATIAL SEASON 2025-2026

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1. SCOPE

1.1 It is the intention of the City of Rochester to enter into contracts with competent and responsive contractors for plowing City of Rochester's residential roadway routes in the manner described herein for a full snowplow season. The snowplow season per terms of this contract starts on October 15 and runs through the following April 15, unless extended by the City.

1.2 Contractors proposing their services under this contract must supply one (1) well-maintained truck with a City-approved Hydroturn plow, or a front end loader or articulated loader backhoe, in excellent operating condition that meets the equipment specification, plus an operator, for each route awarded (see Sections 6, 9 and 10).

All equipment intended for use in snowplowing City streets will be subject to passing the Vehicle Inspection. The Vehicle Inspection will be scheduled by the Director of Operations in late October.

1.3 FOR THIS BID, the successful bidders are expected to be able to provide the driver, insurance and equipment information specified herein to the Director of Purchasing within five (5) days of Notification of Award and then schedule a Vehicle Inspection with the Department of Environmental Services.

If a bidder cannot make this time frame, the bidder must note when they can provide the information to qualify for the vehicle inspection. The Vehicle Inspection will be at a time acceptable to the City. The City reserves the right to not accept any bid where the bidder’s time frame is not acceptable to the City, regardless of the price offered.

1.4 Equipment Incentive Premium. The City is seeking to have as many of its routes plowed with four wheel drive front-end loaders or articulated four-wheel loader backhoes as possible. For that reason, the City will pay up to a 25% premium for a front end loader or articulated loader backhoe.

1.5 Overall, the plowing service can be described as follows:

1.5.1 The contractor will be paid the amount bid for each route, upon satisfactory completion of the route. To be considered completed, all streets shown on the maps must be plowed to the satisfaction of the City's route inspector.

1.5.2 The specific streets for each route are shown in Appendix "A" attached to these specifications. Each route requires the contractor to plow approximately six (6) centerline street miles. The City expects the contractor to follow the Street-By-Street Directions given for each route

(Appendix A). The approximate distance in miles shown in the Street-By- Street Directions is the total estimated distance that will be driven in order to plow the six (6) centerline miles by following the City’s Route Directions. The City reserves the right to increase, or decrease, the size of the route in centerline miles as shown on each map by up to five (5%) percent while still paying the price bid per route.

1.5.3 The City reserves the right to treat each route independently and to order service on one or more routes at any given time.

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1.6 In consideration of the need to reserve equipment to meet the needs of this contract, the City will guarantee a minimum payment of $10,000 per route to the contractor during this contract if the contractor fully performs the services of this contract as specified herein to the satisfaction of the City.

1.7 Bidders should carefully review the Insurance Requirements of Section 14, and must certify on the Proposal that they have or can obtain the insurance specified.

Successful bidder must submit all insurance endorsements (in addition to an Acord) as requested by the City.

1.8 A PRE-BID CONFERENCE will be held

Wednesday, July 30, 2025 at 11:00 A.M Join Zoom Meeting https://cityofrochester.zoom.us/j/3047926947

Meeting ID: 3047926947 Passcode: 3047926947

Potential bidders are strongly urged to attend. However, bidders with less than five (5) years of snowplowing experience must attend the Pre-Bid Conference.

2. TERM OF CONTRACT

2.1 It is intention of the City to enter into a contract for a term of one year commencing on date of award and ending on June 30, 2026.

2.2 The actual contract with the City will start upon issuance of a contract award notification. The contract shall run from the date of contract award until June 30 of the following year. The contractor will be obligated to meet the terms and conditions of the contract through the contract term. A timetable of key dates that the contractor must meet is included in Section 20.

2.3 The contract will require the contractor to provide snowplowing services as specified for one season. The snowplow season starts on October 15 and ending on April 15 of the following year, unless extended by the City.

2.4 The City reserves the right to extend the contract for up to two (2) additional seasons. The contract extension will start on the date of contract extension award notification award and end on June 30 of the extension period. Each season will start on October 15 and end on April 15 of the following year unless changed by the City.

2.5 The City reserves the right to extend a contract for two (2) more additional seasons

(not to exceed a total of four (4) seasons past the initial contract), for any route for which a front end loader or an articulated loader backhoe is being used for that route.

2.6 If a contract is extended the prices for each route shall be adjusted annually per the consumer price index (CPI) and will be established as of the date of the contract extension. The City will determine the price adjustment and will notify each contractor at the time of contract extension.

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3. METHOD OF AWARD

3.1 The City will award Roadway Routes to contractors with six-wheel trucks, ten-wheel trucks, front-end loaders and articulated loader backhoes meeting the specifications.

The City intends to award a contract to the responsive and responsible bidder whose bid is the lowest best value offer to the City on a route-by-route basis.

3.2 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. If award of the contract is based upon award by total bid, or by group, or by item, the City reserves the right to determine its lowest best value offer based upon total bid, group and per item prices offered.

3.3 Award will be made on a route-by-route basis to the lowest responsive and responsible bidder based upon the City’s calculation of low bid, which will include the following factors:

3.3.1 The City will calculate the actual lowest bid per route after factoring in the incentive premiums for heavier equipment described in Section 1.3.

Example: If two bids are received for Route 1, one bid (Bid A) is for a six wheel dump truck that meets the specifications and one bid (Bid B) is for a front end loader that meets the specifications, if Bid B is 1.25 times or less than Bid A, Bid B will be the lowest calculated bid for that route.

3.3.2 A bidder will be awarded no more routes than the limit a bidder specifies in the proposal and covered by the bid security submitted with the bid.

3.3.3 If a bidder is low on more routes than the amount of the bid security (per Section 1 of the Proposal), the Commissioner of Environmental Services will make the selection of which routes to be awarded, in the best interests of the City.

3.4 A bidder may only submit a bid for one type of equipment per route. For example, a bidder may not bid both a six-wheel truck and a ten-wheel truck for the same route. The Bidder could bid a six-wheel truck on one route and a ten wheel truck on another route. Bidders who bid multiple pieces of equipment on the same route will be rejected.

3.5 The City reserves the right to reject any individual bid by route or in total, if the price bid is deemed excessive.

3.6 At the discretion of the Director of Purchasing, the City reserves the right to reject any or all bids, or to reject any or all bids for any route, or to reject a bid for one or more specific routes and otherwise limit awards subject to Section 4.

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

4. REJECTION OF PROPOSALS AND LIMIT OF AWARDS

4.1 Because the quality of snowplowing services directly impacts public safety, the City of Rochester and the bidder acknowledge the importance of obtaining quality service under the terms of this contract. Therefore, the City may limit the number of routes awarded to any contractor, or reject any proposal for the following reasons:

4.1.1 A history of inadequate or substandard performance on snowplowing or other contracts of a similar nature and/or has a history of failing to meet the City’s request for service.

4.1.2 Equipment that does not comply with New York State inspection laws.

4.1.3 Equipment that may pose a hazard due to its condition.

4.1.4 Equipment that has a history of failing to meet the City’s requests for service.

4.1.5 Failure to provide the required number of correctly licensed and qualified drivers.

4.1.6 Financial instability of the contractor or principals of the company

4.1.7 Contractor is in violation of any Federal, State or local law, code, etc.

4.1.8 The contractor is unable to demonstrate to the satisfaction of the City that the contractor either owns or has valid leases for the equipment and/or facilities required for the routes bid or is otherwise able to obtain the required equipment and facilities and provide correct documentation of such no later than the specified date by which all complete documentation must be submitted.

4.1.9 Other reasons that the City determines may cause the contractor to not be able to fulfill the requirements of this contract.

4.2 The decision to limit the number of routes will be made by the Commissioner of Environmental Services prior to award. The bidder will be notified in writing that such a determination has been made. The bidder will have five (5) days after receipt of the determination to appeal to the Director of Purchasing. Based upon information supplied at the appeal, the Director of Purchasing will issue a final determination on award of the route(s) in question.

4.3 If the contractor is not awarded all the routes for which he or she is low bid, the Commissioner of Environmental Services will recommend to the Director Purchasing which routes should be awarded to that contractor. The contractor must accept awards on those routes. The City will return the bid security for any other routes bid if a default did not occur. For example, if a contractor fails to provide a

523420 5 vehicle which passes the City inspection, the Commissioner will determine which route will be forfeited. The remaining vehicles which pass inspection (if applicable) must be reassigned to the remaining routes (if any) awarded to the contractor.

4.4 By submitting a bid, the bidder accepts the responsibility for proving the ability to meet the contract requirements and acknowledges the process described above and the Commissioner's right to decide without further appeal beyond that set forth in Section 4.2.

4.5 The City further reserves the right to limit the number of routes awarded to any one contractor in order to ensure that enough different contractors are utilized to give the City the flexibility required to meet its needs.

5. DISQUALIFICATION FROM REBID

A bidder who fails to make submissions as required by this bid document and/or contract will not be eligible to bid on this or any other snowplowing bid offering for the current season.

6. RESPONSIBILITIES OF THE CONTRACTOR

6.1 To fulfill the requirements of this contract, the contractor must provide equipment and operators as specified herein to properly plow the City's streets and any alleys shown on the route maps and directions for each route, as requested by the City. To help insure that a contractor can carry out this responsibility, the City sets forth the following specific responsibilities that the contractor accepts as conditions of this contract. The list provided below is not intended to be all-inclusive of the elements required to perform this contract properly, but to emphasize essential requirements.

6.2 RESPONSIBILITIES DURING BID AND EVALUATION PROCESS

Each contractor who submits a bid must accept responsibility for the following requirements. The bidder will:

6.2.1 Become completely familiar with the bid documents.

6.2.2 Submit a properly completed bid, which includes the telephone numbers to be used during the contract season. Submitting a bid obligates a bidder to provide one (1) vehicle with a qualified operator per route awarded.

6.2.3 Submit with the Proposal, bid security of $1,000 per route, which will be converted to a performance security upon contract award. The security can be in the form of cash, certified or bank check, or irrevocable letter of credit. If a letter of credit is used, the language must indicate that it is to be used as bid security which then converts to performance security upon contract award, and is valid for the term of the contract. Personal checks or uncertified checks will result in rejection of the bid.

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6.2.4 During the bid evaluation process, submit evidence satisfactory to the Director of Purchasing and/or the Commissioner of Environmental Services that the contractor can fulfill the requirements of this contract for each route awarded. Such evidence may include, but is not be limited to:

A. The size and condition of the contractor's equipment and facilities, including all relevant equipment as outlined in Section 6.4. If requested by the City, the contractor must permit the City to inspect any equipment and/or facilities proposed for use of this contract, and/or provide satisfactory evidence to the City that the contractor currently owns or leases or will be leasing or owning the equipment and/or facilities during the term of the contract. Failure to do so will result in rejection of the bid as being non-responsive.

B. Satisfactory completion of contracts similar in size and nature.

Satisfactory performance must, upon request of the City, be confirmed by at least three (3) references, including but not limited to prior work for the City.

C. Any documentation requested by the City must be submitted within three (3) days of request or the City.

6.2.5 Submit at least one (1) cellular telephone number that provides the City with continuous contact with the contractor. At least one (1) but no more than three (3) telephone numbers must be provided with the bid. Please provide a valid email address.

6.3 RESPONSIBILITIES FOR VEHICLE INSPECTIONS

6.3.1 The contractor accepts full responsibility to provide one (1) vehicle that meets these specifications per route awarded. Each vehicle must be inspected at the City's Street Maintenance Facility, 945 Mt. Read Boulevard, Rochester, NY 14606, at the time designated by the City.

6.3.2 Unless otherwise agreed by the City, the contractor shall provide the vehicle for inspection to the City at the time specified by the City in conjunction with the vehicle inspection as specified herein.

6.3.3 A contractor may request to have his or her equipment inspected prior to the scheduled vehicle inspection, or may be directed to do so by authorized city staff. Contractors requesting an early inspection may do so by contacting the Street Maintenance office at (585) 428-7479. Such inspection shall be done at a time and location acceptable to the City. Although an early inspection may have been done, the City reserves the right to require the contractor to bring the equipment in for the regularly scheduled vehicle inspection at the City facility.

6.3.4 By submitting a bid, the contractor agrees to repair any defects to equipment within the time frame specified by the City. Failure to do so within that time shall be interpreted as a default of the contract.

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6.3.5 The contractor may not bring the vehicle to the Street Maintenance office for the Vehicle Inspection until proper insurance, driver and vehicle documentation has been provided to the Director of Purchasing and the Director of Purchasing has authorized the contractor to participate in the Vehicle Inspection. Proper insurance, driver and vehicle documentation must be provided in time for Purchasing to complete its review of the documentation prior to the Vehicle Inspection.

6.4 CONTRACTOR EQUIPMENT AND VEHICLE STORAGE FACILITIES

6.4.1 The contractor must own or lease all equipment provided to the City and the premises from which the contractor may legally operate and perform the services required under this contract.

6.4.2 Each bidder must indicate on their bid whether or not the equipment on the route bid is owned or leased. If leased, and the bidder does not have a valid lease for the vehicle at the time of the bid, the bidder must indicate that the vehicle is “To be Leased”. If the bidder intends to own the vehicle but does not own the vehicle at the time of the bid, the bidder must indicate that the vehicle is “To be Purchased”.

6.4.3 If the bidder indicates that a vehicle is “To Be Leased” or “To Be

Purchased”, the bidder must provide satisfactory evidence of a legally binding lease or proof of purchase, no later than the date specified when all documentation must be submitted for a route per Section 6.5.6. Failure to do so by that time shall be interpreted as a default of the contract which will result in forfeiture of the bid security and termination of the contract.

6.4.4 A valid lease must run for the snowplow season.

6.4.5 The facility/premises shall include sufficient space for the storage of all snowplowing vehicles and equipment. In the event that the premises are leased, the contractor must provide the City proof that the lease term will extend through the term of the contract. In the event that the premises owned or leased by the contractor are located outside the City of Rochester, the contractor must provide proof that the contractor’s operations, including the storage of snowplowing vehicles and equipment, are legally permitted on the premises. The City reserves the right to inspect any facility.

6.5 DOCUMENTATION SUBMISSIONS PRIOR TO THE VEHICLE

INSPECTION

Prior to the vehicle inspection, the contractor must supply the items listed below to the Director of Purchasing. Contractors will be notified by the City when the vehicle inspection date is set. This date will be any time after October 15 through the first week of November. Therefore, contractors must supply these items prior to October 15. The Director of Purchasing will not issue an authorization slip approving the contractor for participation in the vehicle inspection until all the required items have been submitted. It is entirely the contractor's responsibility to provide the necessary documents to Purchasing to obtain the inspection authorization slip.

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6.5.1. A current New York State Registration for full year or special use for vehicles owned by the contractor. A New York State Registration which is not in effect on or before October 15 will not be acceptable.

Vehicles used as special snow vehicles must be registered for use on or before October 15. Leased vehicles must have registrations provided in accordance with New York State requirements.

6.5.2 A Certificate of Insurance showing Worker's Compensation Insurance, Disability Insurance, Contractor's General Liability Insurance, and

Motor Vehicle Insurance for each vehicle in the amounts stated in Section 14 of this contract.

6.5.2.1 It is the responsibility of the contractor to submit insurance endorsements to the City (in addition to an Acord) upon request.

6.5.2.2 The City reserves the right to hold Contractors in Default that fail to submit required documents as requested.

6.5.2.3 Certificates of Motor Vehicle Insurance must be valid for the entire snow season starting on or before October 15.

6.5.2.4 Workers Compensation Insurance, Disability Insurance and General Liability Insurance must be valid starting on or before October 15 and run through the end of the contract (June 30 of the following spring), unless the Director of Purchasing authorizes an earlier release date upon the approval of the Commissioner of Environmental Services.

6.5.2.5 Workers Compensation Insurance, Disability Insurance and General

Liability Insurance must be valid starting on or before the Vehicle inspection date or October 15, whichever is first, and run through the end of the contract (June 30 of the following spring), unless the Director of Purchasing authorizes an earlier release date upon the approval of the Commissioner of Environmental Services.

6.5.3 The contractor must supply a fully qualified, licensed responsive and responsible driver with a C.D.L. Class “B” License for their equipment as required by New York State regulations. The contractor must supply the names of the drivers for each vehicle and a copy of the C.D.L. license, or other required license, to the Director of Purchasing and Snow Office before the Vehicle Inspection Date.

6.5.4 The City reserves the right to reject and disqualify any driver with a history of poor performance plowing on any City route. The City also reserves the right to prohibit any driver from plowing any route if the driver exhibits behavior which has the potential for causing danger to persons or property or could result in unacceptable performance. The contractor will be immediately notified if the City prohibits a driver from plowing, and the contractor will make a replacement driver available within sixty (60) minutes. Replacing a driver will fall under the same requirements as if the contractor’s equipment fails, as set forth in Section 6.7.2.

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6.5.5 Final documentation submission date. Any and all required vehicle, registration, insurance and driver license documentation for each route awarded must be submitted to the Director of Purchasing by the date requested, in the Contract Award Letter or October 1, whichever comes first.

6.5.6 The City reserves the right to not accept any of the required documentation that is submitted later than one (1) week prior to the vehicle inspection date.

The responsibility to provide the required documentation to the Director of

Purchasing to allow for proper review rests entirely on the contractor. Failure of the contractor to provide this documentation will make the contractor not authorized to participate in the vehicle inspection. In addition, failure to provide this documentation in the time requested shall be interpreted by the City as an Intent to Default on the contract. Default on the contract shall include but not be limited to forfeiture of the bid security and termination of the contract.

6.6 RESPONSIBILITIES DURING SNOW SEASON

Between October 15 and April 15 or other dates as approved by the Commissioner of Environmental Services, the contractor must:

6.6.1 Maintain a system by which the City can contact the contractor at a specified telephone number for 24 hours, seven days a week by cellular phone. The cellular phone is mandatory equipment. The contractor must supply the cellular phone number and at least one additional telephone number to the City for this purpose.

A. The City will make two attempts to reach the contractor at each number. However, failure of the City to reach the contractor at the specified telephone number will not relieve the contractor of the responsibility to start plowing at the designated time.

B. The City of Rochester may issue the plowing contractor a hardwired or GPS-enabled cellular phone for any or all routes awarded. If such device is capable of communicating with the City’s Snow Office, then the contractor must notify the Snow Office at the start of the run and again at the end of the run using the City issued device(s). The contractor must utilize the device(s) for each route and each run from start to finish. The contractor may use the device(s) to communicate with his/her employee on snowplow-related business, if necessary.

The intention for using these devices is to track plow equipment and allow the City’s Snow Office Personnel to contact the contractor and view the contractor’s vehicle location via computer monitors. The contractor will be financially responsible for any lost or damage of City issued communication/GPS device(s).

6.6.2 Be prepared to start plowing each route at the time designated by the City.

A. Under normal circumstances approximately two (2) hours between notification and start time will be allowed.

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B. Failure to start at the specified time will be cause for the City to have that route plowed with other equipment and for the contractor to be penalized.

B. Penalties include but are not limited to a $500 fine and loss of payment for that run. Penalties are further described in Section 12.

6.6.3 Notify the City if any equipment is out of service.

A. If the City has been so notified prior to a call for a snow run, such notice will relieve the contractor of the $500 penalty for failure to start the run on time. This relief may not apply after the first missed run.

B. The contractor must notify the City when their equipment is returned to service. Equipment must be returned to service as soon as possible.

C. The City will make alternate plans to have the snow removed from the route until the contractor notifies the Snow Office that the equipment is back in service.

6.7 RESPONSIBILITIES DURING A SNOW RUN

6.7.1 Once the City has called a snow run, the contractor must:

A. Arrive at the designated meeting point at the designated start time. This will be, under normal circumstances, approximately two

(2) hours after verbal notification by the City. However, it may be less than two (2) hours under certain conditions. One of the contractor’s most important responsibilities is to be responsive to the City’s calls for service.

B. Arrive with the vehicle in excellent condition, prepared to work, loaded with 8,000 lb. of ballast, and carrying chains. Ten wheelers’ minimum ballast is 20,000 lb.

C. Wait until contact is made with the City Snow Inspector. If the City Snow Inspector has not arrived at the meeting point within fifteen minutes of the designated start time, the contractor may notify the Snow Office that the equipment has arrived at the starting point and is ready to go. The contractor may start the route only after authorization by the Snow Office.

D. Obtain authorization to proceed, whether by meeting the Snow Inspector or by contacting the Snow Office. Failure to obtain authorization to proceed will cause the City to assume that the contractor's equipment did not show up. This may result in the City having the route plowed with other equipment and the contractor incurring penalties.

E. Plow in the designated sequence as shown in the sequence listing and on the route map. Failure to plow in the designated sequence resulting in the inability of the Snow Inspector to easily find the

523420 11 contractor's equipment, may cause the City to presume that the run was not started. The City may then have the route plowed with other equipment subjecting the contractor to penalties for not starting a run on time.

F. Plow to the standards set forth in Section 10.

1. If for any reason a street cannot be plowed, the driver will notify the inspector during the plow run. The driver must also include this information on the Drivers Problem Sheet specifying the street name and the reason for which this, or any other, streets could not be plowed.

G. Meet the City snow inspector and receive sign-off for completion prior to leaving the route.

1. The contractor's driver must also sign the report.

2. If the inspector is not present when the route is completed, the driver must notify the Snow Office that the route is completed.

a. The driver, unless instructed otherwise by the Snow Office, must stay at the designated location for the sign-off.

b. The City will make every effort to have an inspector arrive at the sign-off location within thirty (30) minutes.

c. If the inspector or supervisor has not met the driver within forty-five (45) minutes of the call to the Snow Office, the driver should call the Snow Office and will then be released. Failure to obtain sign-off by the inspector may lead to forfeiture of payment for that route.

H. If defects in plowing are discovered following sign-off, the contractor may be called back up to six hours after completion to correct the defects.

I. In case of back-to-back runs, the driver must obtain sign-off for completion of the first run as set forth in Section 6.7.1.G before starting the next run.

6.7.2 If a contractor's equipment breaks down during a run or an accident has occurred, he or she must immediately notify the Snow Office and put the equipment back in operation within sixty (60) minutes. If it is not back in operation within sixty (60) minutes, the City may take over completion of the route. If this occurs, the contractor will be paid only for that portion of the route satisfactorily completed, which the City's snow inspector has documented on the inspector’s report.

6.7.3 A route will not be satisfactorily completed unless it meets the standards set forth in Section 11, as witnessed and acknowledged by the City's

523420 12 snow inspector at the final sign-off for the run. If there are portions of the route which were not satisfactorily plowed, the contractor must correct the problems immediately upon notification by the snow inspector.

6.7.4 VEHICLE INSPECTION

The City reserves the right to schedule inspections and/or dry runs on a Saturday prior to the start of the snow season, or during the snow season, or to arrange with the contractor(s) a mutually agreeable time for a dry run and/or Vehicle Inspection. All contractors will be required to complete a Vehicle Inspection prior to being authorized to plow any routes. The City reserves the right to also require a Complete Route Review Dry Run as defined below, for any contractor.

A. The Vehicle Inspection for the routes covered in this bid shall be scheduled by the Snow Office. The Vehicle Inspection will be scheduled by the Director of Operations in late October or early November.

B. The purpose of the Vehicle Inspection will be to give the Director of

Operations the chance to inspect all vehicles and drivers in plow-ready condition.

C. Contractors who have not received authorization from Purchasing that all required documentation is complete will not be permitted to have their vehicle(s) inspected.

D. When the vehicle inspection is called, the contractor will have the truck or other equipment, with the expected route driver for each route, report to the Operations Center, 945 Mt. Read Boulevard, at the time specified by the City.

E. Trucks/vehicles will be released once inspected. The inspection is expected to take approximately one to two hours.

F. Contractors cited for having equipment defects will be given, in writing at the inspection, a date by which the defect(s) must be corrected.

G. If the contractor does not repair any equipment defects identified by the City, the City will have the right to hold the contractor in default of the contract, which shall result in cancellation of the route, forfeiture of the performance security and other actions as determined by the Commissioner of Environmental Services and the Director of Purchasing.

H. Each Contractor is required to attend the vehicle inspection on the date and time specified by the City. The contractor may bill the City $200 per route for attending the vehicle inspection.

1. If the Contractor fails to show up for the vehicle inspection and/or fails to meet all requirements of 6.7.4, the City reserves the right to either consider

523420 13 this failure to be the same as a failure to start on time for a regular plow run which will result in penalties as set forth in Sections 6.6.2 and 12, or to hold the Contractor in default and award the Contractor’s route or routes to another contractor.

I. The City reserves the right to require that a new contractor, or any other contractor notified by the City, perform a Complete Route Review Dry Run, along with a City inspector, for any route awarded to that contractor, after the vehicle passes the inspection. The Complete Route Review Dry Run will be scheduled by the City.

6.8 HOURLY WORK DURING A SEVERE SNOW EMERGENCY OR OTHER USE

6.8.1 The contractor must guarantee availability of their equipment and drivers for use by the City on a per hour basis.

6.8.2 Per hour work will be delegated to the contractor for services on their own routes, the routes of other contractors, or in any manner required at the sole discretion of the Director of Operations or his authorized representative.

6.8.3 Hourly Work

A. When the City calls a contractor for hourly work on their own route, the hourly rate will be determined by dividing the price per trip by five (5) for that route.

B. When a contractor is called for hourly work on a route other than their contracted routes, the hourly rate paid will be the same hourly rate of that equipment’s own contracted route.

6.8.4 Plowing at the hourly rate will be subject to all terms and conditions of this contract.

6.9 PARTIAL RUN (60% payment)

6.9.1 The contractor guarantees availability of their equipment and drivers for use on a partial run where 60% of the contracted price is paid.

6.9.2 A partial run is defined as when the Commissioner of Environmental Services or his/her designee determines that snow along the curbs must be plowed. The contractor will be responsible for plowing all snow along the curb lines including any locations where vehicles have moved.

6.9.3 All requirements of section 10.5 apply for a partial run except for sections

10.5.1 and 10.5.7, or as otherwise directed by the City.

6.10 PREPARATIONS FOR PAYMENTS

6.10.1 To receive payment for a snow run (including the vehicle inspection), or a cash flow guarantee, the contractor must submit a completed invoice to the Director of Operations.

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6.10.2 The City will not pay for any run or partial run which has not been authorized by the appropriate City officials and signed off as complete by the City's snow inspector for each route. The Director of Operations will calculate partial payments on a pro-rated basis.

6.10.3 The cash flow guarantee will be billable on the following schedule:

A. $200.00 upon satisfactory completion of the Vehicle Inspection.

B. $5,000 on December 15

C. $ 5,000 on January 15

D. Whatever balance is required to total a minimum payment of $10,000 for the season will be billed at the end of the season.

E. The City will retain the cost of one (1) trip from the amount owed to the contractor at the end of the season until the contractor repairs all damages.

6.10.4 Contractors should submit Invoices for the cash flow guarantees, on the dates specified in Section 6.10.3, or for the amount actually earned, if that exceeds the cash flow guarantee schedule.

A. The City will adjust any bills to reflect cash flow guarantees or bills for services paid to date.

B. For example, if the contractor has billed for and/or has been paid $10,000 by January 10, the City will not pay a cash flow guarantee of $ 5,000 on January 15, since the contractor will have already earned and billed for $ 10,000 by that date.

6.10.5 The minimum cash flow guarantee will be reduced by any amount for which the contractor has been penalized for nonperformance.

A. For example, as of December 15 the contractor can expect to be owed at least $ 5,000, which represents the first cash flow payment.

However, if the contractor has missed a trip and has been assessed the $500 penalty, the cash flow guarantee will be $5,000 minus the trip price less $500.

6.10.6 The cash flow guarantee does not represent an amount to be paid beyond payment for services actually rendered. It is intended solely to insure that the contractor receives at least $10,000 (minus any penalties if incurred) in one snowplowing season.

6.11 NON-DISCRIMINATION

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

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

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6.11.2 That the contractor, and any person on his or her behalf, will not in any manner discriminate against or intimidate any employee hired for the performance of work under this contract due to age, race, creed, color, national origin, sex, sexual orientation, disability or marital status.

6.11.3 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.

6.12 RESPONSIBILITIES FOR DAMAGES

6.12.1 The contractor is liable for damages done to sod, shrubbery, trees and structures which he or she caused while plowing under this contract. The contractor must repair all damage for which he or she is liable as determined by the Director of Operations.

A. All damage covered by claims filed on or before April 1 must be repaired by the contractor by April 15.

B. All repairs for which claims are filed after April 1 must be completed by the contractor within fifteen (15) days of notification.

6.12.2 Damages to windows, trap doors and other items which cause a safety hazard must have temporary repairs made immediately and permanent repairs within forty-eight (48) hours of notification. Temporary repairs include making the damage area safe using metal plates, plywood, barricades and/or flashing hazard lights as determined by the senior snow inspector. If repairs cannot be made immediately it is the contractor’s responsibility to use whatever means necessary to safely secure the site to the satisfaction of the senior inspector. Auto accidents and/or damage to automobiles or personal property must be reported by the contractor to the Snow Office immediately.

6.12.3 After the completion of each repair, the contractor will have the property owner sign a Property Owner Release form for damages. The contractor will submit this release of liability to the City's Snow Office or show adequate proof, acceptable to the City, that said damages have been repaired. The release or proof of repair must be submitted by the time shown in Sections 6.12.1 and 6.12.2. For automobile repairs, the contractor must supply the City with written proof that the contractor has addressed the claims.

6.12.4 If repairs are not completed satisfactorily the City will have the right to cause repairs to be made and proceed against the contractor’s performance security to recover its costs, and otherwise retain amounts from any trips owed the contractor to cover the City's costs.

6.12.5 Damage claims which are not settled within the time frame outlined will cause the City to take action against the performance security and other amounts due to the contractor.

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6.13 RELEASE OF PERFORMANCE SECURITY UPON CONTRACT

EXPIRATION

To obtain release of a performance security at the end of the contract, the contractor must have:

A. Repaired all damages.

B. Obtained sign off from the Director of Operations confirming that all obligations are complete.

6.14 RESPONSIBILITIES FOR COMPLETE RECORDS

The contractor must keep, and present to the City upon request, a complete log of all calls made to the City regarding performing this contract, and a complete log of the activity of his or her equipment and drivers used to meet the requirements of this contract. These records must be stored and available for use by the City for a period of one (1) year after the contract expires.

7. RIGHTS OF THE CITY

7.1 The City of Rochester considers its snowplowing operations to be of crucial importance in providing for the safety and well-being of all city residents.

Therefore, the City reserves the right to immediately terminate any contract in whole or in part for the following violations upon the recommendation of the Commissioner of Environmental Services:

7.1.1 Contractor has directly or indirectly placed anyone in jeopardy through illegal, negligent, or insolent actions, behavior, or language. The contractor shall be held responsible for the actions of his employees while performing the services described herein.

7.1.2 Contractor has abandoned the work to be performed under this contract.

7.1.3 Contractor has assigned this contract to others without City consent.

7.1.4 Contractor has unnecessarily or unreasonably delayed any of the work to be performed under this contract.

7.1.5 Contractor has failed to furnish enough properly skilled workmen or enough equipment to perform the work.

7.1.6 Contractor has disregarded the instructions of the Commissioner of Environmental Services or his/her authorized representative.

7.1.7 Contractor has failed to perform properly on any route as determined by the performance rating or other performance measures.

7.1.8 Contractor has failed to repair damages properly in a timely manner.

7.1.9 Contractor has otherwise been guilty of any substantial violation of any provision of the contract.

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7.2 Whenever possible, the City will give written notice of impending termination.

Contract termination may result in substantial penalties, forfeiture of performance bonds, limitation of routes in future contracts, or default proceedings.

7.3 All services performed under this contract are at the direction and supervision of the Commissioner of Environmental Services and his/her authorized representatives. The contractor shall only be paid for services authorized by the Commissioner and performed in a manner satisfactory to the Commissioner.

7.4 If the contractor's equipment fails, at any time, to meet the approval of the Commissioner of Environmental Services, the Commissioner will have the right to order such equipment off the job.

7.5 Should the Commissioner of Environmental Services or an authorized representative notify the contractor that any contractor's employee is insolent, disorderly, careless, unobservant of instructions, or in any way a detriment to the satisfactory performance of these services, such employee shall be ordered off he job at once and thereafter shall not be allowed to engage in any part of the services. The contractor must replace that employee immediately.

7.6 At any time during the term of the contract, the Commissioner of Environmental Services or his/her authorized representative will have the right and privilege to inspect the equipment of the contractor and such equipment shall be made available for inspection within twenty-four (24) hours after request. The equipment shall be kept and maintained by the contractor in excellent working order and ready to start immediately at all times for the duration of the contract.

7.7 The decision of the Commissioner of Environmental Services as to the suitability of equipment or employees shall be final.

7.8 The decision as to when to call a run shall rest entirely with the City. City officials will determine when conditions warrant a run. Therefore, it is not possible to predict when contractors will be called.

8. RESPONSIBILITIES OF THE CITY

The City acknowledges its role in fulfilling the following obligations to the best of its ability:

8.1 Maintain and encourage full communication with the contractor.

8.1.1 The City shall inform the contractor when their equipment will be working on an hourly basis.

8.1.2 The City shall inform the contractor whether a plow run is a full or partial plow run at the time of notification.

8.2 Inspect vehicles in a timely manner at times mutually agreed upon with the contractor.

8.3 Provide as much lead time as possible when calling for a run. In general, the City will give approximately a two (2) hour notification unless there is the need for back-to-back runs or immediate runs due to severe conditions.

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8.4 Provide properly trained inspectors who are to meet the contractor's equipment during and at the completion of each run, and who are to maintain and fully complete the inspection report for each run and route. The City standard will be to make inspectors available as soon as possible after the completion of the run for purposes of signing off.

8.5 Maintain a communication system around the clock during snow emergencies, and maintain a log of calls between the City and the contractor. The City dispatcher will place calls for service, coordinate inspectors, and sign off vehicles where appropriate as quickly as possible via the Snow Office.

8.6 Make payment within thirty (30) days of receipt of an invoice.

If there is a dispute about the amount owed, the City will approve payment of the amount not in dispute within thirty (30) days and withhold the disputed amount until resolution of the dispute. However, the City will retain the final run payment until all contract provisions have been met.

8.7 Return performance securities within ten (10) days of approval of contract completion if requested by the contractor.

8.8 Guarantee a minimum payment of $10,000 per route to the contractor during this contract period in accordance with Section 6.10.

8.8.1 If disputes due to performance arise between the time of billing and the time of paying the minimum guarantees, the City reserves the right to withhold payment on the minimum.

8.8.2 If a contract is terminated prior to payment of a minimum guarantee, the City reserves the right to cancel this minimum guarantee provision and withhold payment of any amounts due.

8.8.3 The minimum cash flow guarantee will be reduced by any amount for which the contractor has been penalized for non-performance, as specified in Section 6.10.5.

9. EQUIPMENT SPECIFICATIONS – 6-WHEEL DUMP TRUCKS WITH PLOW

9.1 The equipment furnished under this contract must be in accordance with the following specifications and fully comply with any and all applicable Motor Vehicle Laws of the State of New York, including showing a valid New York State registration. Current vehicle registrations are to be submitted prior to the Vehicle Inspection per Section 6.5.

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

9.3 The City reserves the right to reject any equipment that does not pass City-administered inspections and road tests and comply fully with this specification at any time during the term of the contract.

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

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9.5 Each truck supplied must be a six-wheel dump truck or acceptable equivalent which meets all of the following items:

9.5.1 Current New York State vehicle inspection

9.5.2 Registered GVW Rating - 18,000 lb.

9.5.3 Ability to carry 1,500 lb. plow

9.5.4 Single rear axle with dual wheels

9.5.5 Wheelbase not to exceed 190" from center of front axle to center of rear axle.

9.5.6 Minimum ballast of 8,000 lb. supplied by the contractor

9.5.7 Standard equipment in excellent operating condition, such as horn, brakes, windshield wipers, lights, heater, defroster

9.5.8 One (1) set of tire…