Demo Pkg .pdf

Department of Finance

Bureau of Purchasing

City Hall Room 105 A, 30 Church Street

Rochester, New York 14614-1290 www.cityofrochester.gov

Phone: 585.428.7146 Fax: 585.428.6038 TTY: 585.428.6054 EEO/ADA Employer

PRINTED NAME OF BIDDER

DEMOLITION PACKAGE #1-26

Invitation to Bid No. Issued: August 11, 2025

PURCHASING BUREAU CONTACT: Isheka Banks, Purchasing Control Clerk, 585-428-7104

Bid Closing: Thursday, August 28, 2025

Sealed Bids must be submitted in hard copy to the Office of the Purchasing Agent, 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.

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.

ATTENTION BIDDERS:

This contract includes new MWBE and Workforce Goals. Please see Appendix “C”.

CONTRACT CHARACTERISTICS

(For definitions or explanations, see General Conditions)

Type of Contract: DEMOLITION. This demolition package contains twelve (12) structures. All twelve (12) structures are presumed to have asbestos-containing materials in them, and shall be demolished as a controlled demolition with asbestos in place, under the NYS Industrial Code Rule

56 requirements for “Controlled Demolition with Asbestos in Place.”

Bid Deposit Requirement: $500 PER PROPERTY

Performance Security Requirement: 100% OF THE CONTRACT PRICE

Insurance Requirement: YES, SEE SECTION 16

Samples Requirement: NONE

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.

1. SCOPE

1.1 This Demolition Package contains twelve (12) structures. All twelve (12) structures shall be bid and performed as “Controlled Demolitions with the Asbestos in Place.”

1.2 Demolition of these structures is a high-priority public safety matter. The City seeks to have the demolitions start immediately upon award of the contract(s) and have as many of the structures as possible completely demolished and cleared no later than October 31, 2025. For this reason, the City reserves the right to award multiple contracts based on the capacity of each bidder to complete structures awarded on or before October 31, 2025.

1.3 NOTICE – this contract incorporates new MWBE and Workforce goal requirements, as required by Ordinance No. 2018-54.

This contract has a 30% MWBE Goal, consisting of 20% M and 10% W.

This contract has workforce goals of 20% M and 6.9% W.

Details about these goals, and the contract requirements for meeting these goals, are provided herein and in Appendix C.

2. STANDARD DEMOLITION CONTRACT DOCUMENTS

2.1 The City of Rochester Department of Neighborhood & Business Development “Standard Demolition Contract Documents” dated November 15, 2000, shall apply to this demolition package, except where modified herein by Special Instruction to Bidders.

2.2 The Standard Demolition Contract Documents are binding upon all contractors submitting bids and are part of the contract awarded by the City of Rochester.

2.3 Bidders may obtain one (1) copy of the document from the City of Rochester Purchasing Agent at no cost. Each additional copy may be purchased for $10.00.

3. SUBMITTAL OF BIDS

3.1 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 Purchasing Agent at the Bureau of Purchasing, Room 105-A, City Hall, Rochester, New York 14614 prior to the closing date and time specified in the Invitation to Bid or any addenda. Electronic bids submitted through BidNet will not be accepted.

3.2 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.

3.3 All information requested on the Proposal must be completed and submitted. In particular, bidders are cautioned to complete the information and certifications required by the new MWBE and Workforce goals for this contract.

4. CONTRACT AWARD

4.1 Award of contracts to demolish structures listed herein shall be to responsible and responsive bidders on the basis of the Unit Price bid for each property, or, where noted, each Lump Sum bid. Awards will be made based upon the City’s calculation of low bid, which will include the following factors:

4.1.1 Each bidder must certify on their Proposal how many structures they can demolish and complete, as specified in Section 7.4, by October 31, 2025.

This will be defined as the bidder’s certification date capacity.

4.1.2 Bidders may submit bids on more than the number of structures that they can complete by October 31, 2025, however, the number of structures bid over their certification date capacity will only be considered for a secondary contract award. The maximum number of structures awarded as Primary contract awards will be based upon the number of structures each bidder states is their certification date capacity.

4.1.3 The City will verify that a bidder has the capacity to complete the work proposed by the bidder by the certification date, per Section 10.2.

4.1.4 The City will award Primary contracts based on the number of structures each bidder certifies they can complete by October 31, 2025. If a bidder offers the lowest bid for more structures than the bidder certification date capacity, then the City reserves the right to select which structures to award to that bidder as a Primary contract. For structures not awarded to the lowest bidder because the number of structures on which they were the low bid exceeds their certification date capacity, the City reserves the right to award those structures to the next lowest bidder, up until that bidder’s certification date capacity is met. The same process will be used for awarding structures to the third lowest bidder, etc. if a lower bidder’s certification date capacity has been met.

4.1.4.1 Example. Assume three bids are received. Bidder A offers a certification date capacity of 20 structures. Bidder B offers a certification date capacity of 25 structures. Bidder C offers a certification date capacity of 10 structures. Bidder A is the low bidder on 30 structures, Bidder B is the low bidder on 10 structures, and Bidder C is the low bidder on 19 structures. Then, Bidder A would receive a primary contract for 20 structures on which Bidder A is low.

The remaining 10 structures not awarded to Bidder A would be awarded to the next lowest bidder. If the next lowest bidder is Bidder B, Bidder B would receive a primary contract for the 10 structures that they were low and the 10 structures from Bidder A. Bidder C would receive a Primary contract for 10 of the structures where they were the low bid. If Bidder B was the next lowest bid, Bidder B would receive a Primary contract for 5 of the structures not awarded to Bidder C. This would put all bidders at their certification date capacity and would leave four structures not covered by a Primary contract. These four structures would be awarded on a secondary contract.

4.1.5 Secondary contract awards will be made on the basis of the lowest Unit Price bid per property or Lump Sum bid, as determined by the City after All Primary contracts have been awarded. However, the City reserves the right to not award a secondary contract if the bidder cannot demonstrate that they can meet the completion time requirements in Section 10.6.

4.1.6 The City reserves the right, in its sole discretion, to determine how many and/or which structures to award to any individual bidder based upon the method of award procedures stated in Section 4.1. For example, the City reserves the right to award structures to the lowest or lower bidder even though they might not fall within that bidder’s certification date capacity if it is in the City’s best interest to do so based upon a significant price differential between bids received and/or other capacity restraints/timing requirements.

4.2 Upon receiving recommendations of award from the issuing department, the Bureau of Purchasing will issue an award letter to the successful bidder/bidders, which constitutes the formal award of the contract.

4.3 Upon receipt of the required documents, the City will issue a Purchase Order.

Contractors must wait until receipt of a Purchase Order and Notice to Proceed before initiating any work under this contract.

4.4 For purposes of certifying how many structures a bidder will demolish and complete by October 31, 2025, bidders should assume that the City will issue a Notice to Proceed no later than September 11, 2025. If the Notice to Proceed is delayed past that date through no fault of the Contractor, the certified completion date will be extended by a comparable number of days.

5. WITHDRAWAL OF A PROPERTY

5.1 The City reserves the right to withdraw any property at any time, for any reason, prior to the actual commencement of demolition.

5.2 If one or more structures are removed from a lump sum bid group by the City, the unit price per property bid shall be used to determine the remaining cost to the City for that group.

5.3 Should the City withdraw a property prior to the actual commencement of demolition, the City is not responsible for any fees incurred prior to actual demolition.

6. SPECIFICATIONS – STRUCTURES AND DESCRIPTIONS

Item No. No. Property Owner Units Stories Style Garage

6.1 447-449 Driving Park Private 2 2.5 Frame None

6.2 71 Farbridge Street Private 1 2.5 Frame Yes

6.3 535 Frost Avenue Private 1 2.5 Frame None

6.4 491-493 Jay Street Private 2 2.5 Frame None

6.5 3 Laser Street Private 1 2 Frame Yes

6.6 36-40 Merrimac Street Private 3 2.5 Frame Yes

6.7 57 Montrose Street Private 2 2.5 Frame Yes

6.8 37 Myrtle Street Private 2 2.5 Frame None

6.9 1264 Norton Street Private 1 2 Frame Yes

6.10 247-249 Parsells Avenue Private 2 2.5 Frame None

6.11 18-20 Trenaman Street Private 3 2.5 Frame None

6.12 58-60 Warehouse Street Private 2 Buildings 2 Frame None

7. SPECIAL INSTRUCTIONS

7.1 Unless specified otherwise, the Contractor is to fine grade and hydro seed all lots after the demolition of structures. Sites to be York raked to obtain a smooth, even surface for well-drained, positive grades. The top three (3) inches shall be screened topsoil, free of rock and stone.

7.2 Posts: Contractor to furnish and install six-foot-long, six-inch diameter pressure-treated timber posts. Install posts six feet on center and set three feet deep in concrete footings. The top two inches of posts must be cut at a forty-five-degree angle, with a sloped side facing outward. Posts to be uniform in line and height. Install posts along the front of the lot line for ALL structures listed in this contract document, except for the following structure:

Item 6.7 57 Montrose St – Install Post in the front, E Aldrich, and W Aldrich

7.2.1 The City of Rochester requires on all demolition work, that all concrete sub-structures be removed from the site. Concrete substructures are defined as basement walls, basement footers, basement floors, etc. The basement shall be excavated to virgin ground, and all non-native excavated material hauled from the site at the Contractor’s expense to an approved location for recycling.

All imported fill and imported topsoil SHALL be from a virgin source, free from staining and odors. The Contractor SHALL provide a written Certificate of Origin to the city. The City reserves the right to request appropriate laboratory testing for any imported materials, as well as the right to reject any imported material that does not meet City requirements. The top three inches (3”) shall be screened topsoil. No asphalt, metal, or organic matter shall be used as backfill material.

Contractors bid to include all costs for the removal, transportation, and disposal, of all recyclable concrete and asphalt.

7.3 COMPLETION

7.3.1 The work on a property shall be completed after all demolition of structure(s), removal of all debris, backfilling, fine grading, hydro seeding, and posting of the lot has been completed in accordance with these specifications.

7.3.2 If a contractor is awarded multiple structures, the contract work specified herein must be entirely completed before the contractor may proceed to another property unless otherwise approved in writing by the City.

7.3.3 Invoices must be submitted to the City on a property-by-property basis, upon completion of the work on a property.

7.3.4 The contractor is required to submit a payment application to the City at a minimum of once every thirty (30) days after the date of the Notice to Proceed and continue during the term of the project/contract. The payment application should include invoices for each separate property (per Section 7.3.3 above) that has not previously been invoiced.

7.4 PERMIT FEES

7.4.1 The City of Rochester shall be responsible for paying the permit fee for the water abandonment.

7.4.2 The Contractor shall be responsible for paying the hydrant permit fee and for ascertaining and paying all other permit fees associated with the demolition project.

7.4.3 The Contractor shall not be responsible for demolition permit fees on City-owned structures.

7.4.4 The Contractor shall be responsible for demolition permit fees on privately owned structures.

7.5 NOTIFICATION FOR UTILITY DISCONNECT

7.5.1 Contractor shall notify all utility companies, including the underground facilities protective organization, for abandonment of utilities to subject structures.

Prior to the start of demolition, the Contractor to verify that all utilities have been abandoned.

7.6 ACCESSORY BUILDING, MISCELLANEOUS STRUCTURES, TREES AND

VEGETATION

7.6.1 Contractor shall include in their bid price, the demolition and disposal of all accessory buildings, concrete slabs, driveways, or parking surfaces that may be present on the property.

7.6.2 Contractor shall include in their bid price, the removal and disposal of any trees and vegetation, fencing, and miscellaneous structures that directly obstructs their ability to complete the demolition of the structure(s).

7.6.3 Contractor shall include in their bid price the removal and disposal of all miscellaneous debris located on the property. Miscellaneous debris shall be defined as brush, trash, fencing, and building materials not related to the demolition, as required by the City. This shall be in addition to items 7.6.1 and items 7.6.2 detailed above.

7.6.4 Contractor shall include in their bid price the collection and disposal of up to twenty (20) abandoned tires per property. Additional tire removal shall be completed and documented by an approved change order.

7.7 FUEL OIL TANKS

7.7.1 Prior to the start of any demolition, the contractor must inspect the premises for the presence of any fuel oil tanks. In the event that a tank is discovered, the Contractor to immediately notify the City demolition inspector. Demolition shall not begin without City authorization that the removal of the tank and fuel has been appropriately addressed.

7.7.2 Contractor shall adhere to all applicable laws and regulations associated with the removal and disposal of any fuel oil and the tank.

8. ASBESTOS

8.1 All twelve (12) properties in this bid request will be condemned by the city of

Rochester, and shall be demolished as a controlled demolition with asbestos in place. The contractor shall demolish these structures under the provisions of New

York State Industrial Code Rule 56 Sub-Part Section 56-11.5, “Controlled

Demolition with Asbestos in Place.”

8.1.1 Successful bidder(s) shall be responsible for the project notification to the New

York State Department of Labor, Asbestos Control Bureau, and the USEPA.

The City of Rochester shall supply the successful bidder with a letter of condemnation, which shall be included with the project notification.

8.1.2 The City of Rochester shall supply successful bidder(s) with a NYS

Department of Labor Asbestos Fee Waiver Form for each of the controlled demolitions in this demolition package. With the Waiver Form, Contractor shall not be responsible for any fees to the New York State Department of Labor associated with the required project notification. Contractor to include Waiver along with their Project Notification.

8.1.3 Contractor shall not be responsible for third-party air clearance during project duration. Air clearance shall be supplied by the City of Rochester.

8.1.4 Contractors Pollution Liability as stated in Section 14.4.2. C is required for structures listed in Section 8.2.1 because they have asbestos, along with endorsements and other requirements of Section 14.4.2. Pollution coverage must be provided whether or not pollution liability coverage is included within the contractor’s Comprehensive General Liability Insurance and Umbrella Excess Liability. The Contractor’s Pollution Liability coverage may be on a policy providing blanket coverage to all projects or on a project-specific basis covering these referenced structures only awarded to the contractor.

8.2 ASBESTOS LICENSE REQUIREMENT - For asbestos-related work, including controlled demolitions, the bidder shall submit:

8.2.1 Documentation certifying that all employees have received appropriate medical examinations and have successfully passed a fit test for approved use of a respirator. As a minimum, medical exams must be consistent with requirements in OSHA standard 1926.1101.

8.2.2 Provide copies of valid NYDOL Asbestos Handling Certificates for all personnel working on the site. Provide copies of each employee’s most recent training in accordance with Federal regulations (DOSH 2832 form). All employees must have completed initial or refresher training within one calendar year of the dates of this work.

8.2.3 Current Asbestos Handlers FIRM License.

8.2.4 In lieu of Asbestos Handlers Firm License, the bidder may submit certified payrolls verifying that all asbestos workers on site are under the employment and supervision of an NYSDOL Licensed Abatement Company that has a current Asbestos Handlers Firm License.

9. WASTE DISPOSAL

9.1 The City of Rochester has entered into an agreement with the County of Monroe and Waste Management for the disposal of all debris related to demolition activities to:

Mill Seat Landfill 303 Brew Road

Bergen, New York 14416

ALL DEBRIS DISPOSALS SHALL BE RESTRICTED TO THE MILL SEAT

LANDFILL. THE CONTRACTOR SHALL NOT BE RESPONSIBLE FOR WASTE

MANAGEMENT’S DISPOSAL CHARGES FOR DEBRIS GENERATED AS A

RESULT OF THE DEMOLITION OF STRUCTURES AWARDED THROUGH THIS

BID.

9.2 Contractor shall be responsible for the trucking of all debris to the Mill Seat Landfill. The Contractor’s bid(s) shall include all costs associated with the trucking of said debris.

9.3 City of Rochester Demolition Inspector shall inspect, stamp, and sign all waste shipment documents prior to trucks leaving the demolition site for the Mill Seat Landfill. The City’s authorization stamp & signature are the only means for Waste Management to verify that the trucks arriving at the Mill Seat Landfill are from City contracted demolition projects. All trucks arriving at the Mill Seat Landfill without the City’s authorization stamp & signature will be subject to the full tonnage charges by Waste Management. The City of Rochester will not reimburse the contractor for any disposal charges as a result of trucking any debris off-site without first obtaining the City’s authorization stamp & signature on the waste shipment document.

9.4 Any request to dispose of the debris to a landfill other than the Mill Seat Landfill must be submitted to the City in writing and state the circumstances for the request.

Even if the exception is granted, the City reserves the right to require the contractor to pay for all disposal costs associated with this exception.

9.5 ASBESTOS DISPOSAL - TRUCKING RESTRICTIONS

Mill Seat Landfill does not allow asbestos-containing debris to be disposed of from trucks with walking floors. Contractor(s) must base their bids for the disposal of demolition material with asbestos on utilizing trucks without walking floors. Trucks with walking floors are acceptable by Mill Seat Landfill for disposal of non-asbestos-containing demolition debris.

9.6 LANDFILL HOURS OF OPERATION

The operating hours that Mill Seat will allow the dumping of both asbestos and non-asbestos-containing materials vary. The contractor is responsible for the coordination of all trucking with Mill Seat.

10. TIME OF COMPLETION

10.1 Demolition of structures identified in this bid is deemed a critical public safety issue. Accordingly, the City of Rochester expects contractor(s) awarded structures under this contract to demolish the structure(s) within the time of completion requirements stated in this bid. Failure to do so may result in default of the contract and/or other actions taken by the City including but not limited to limiting the contractor’s future participation in City demolition contracts.

10.2 Each bidder must state in the Proposal the number of structures they certify that they will demolish and completed by October 31, 2025, (the Certification Date Capacity). Bidders must be prepared to initiate work on an awarded contract as soon as the City issues a Notice to Proceed and complete the number of structures listed in their Certification Date Capacity based upon the Primary contract award.

10.3 Upon request of the City, a bidder must demonstrate that the bidder has the current capacity to complete the work on time for which the bidder has submitted the low bid. Demonstration of current capacity shall include, but not be limited to:

1. Listing of all current contracts for work similar to the work described in this bid;

2. Bidder’s capacity to complete current contract work within the time required by those contracts;

3. Bidder’s demonstration to the satisfaction of the City that the bidder has the capacity to complete the work of this contract in the timeframe specified if awarded structures for which the bidder submitted the low bid.

10.4 The demolition of these structures is a critical public safety issue. The City reserves the right to not award all structures to the lowest bidder if that bidder does not demonstrate, to the satisfaction of the City, the bidder’s ability to complete the demolitions of the structures bid awarded in a Primary contract by October 31, 2025, or structures awarded as a secondary contract in accordance with the time-frames listed in Section 10.6.

10.5 Time of Completion. Demolition work for each property shall be deemed completed as defined in Section 7.4.1. The time of completion for all awarded structures shall be measured starting from the date of the Notice to Proceed issued by the department. The department will issue one Notice to Proceed to cover all structures awarded to the contractor. The contractor must complete all structures awarded under a Primary award no later than October 31, 2025.

Further, the Contractor must initiate demolition of structures awarded within a reasonable time after the Notice to Proceed and must proceed with demolishing structures on a continuous basis between the Notice to Proceed and October 31, 2025 at a sufficient pace to demonstrate to the satisfaction of the City that the contractor will have the awarded structures completely demolished by October 31, 2025. The City reserves the right, in its sole discretion, to withdraw any or all structures awarded to the contractor, per Section 5, if the City is not satisfied that the contractor is demolishing the structures at a rate sufficient to demonstrate that the contractor will meet the October 31, 2025 deadline, and to utilize another contractor to demolish these structures.

10.6 The contractor must complete the demolition of all structures awarded in a secondary contract in compliance with the following schedule. Structures awarded shall mean individual structures, whether included in a group (lump sum) or not.

10.6.1 If awarded one (1) to five (5) structures, all structures must be completed within thirty (30) days of the Notice to Proceed for secondary contract structures.

10.6.2 If awarded one (1) to ten (10) structures, at least five (5) structures must be completed within thirty (30) days and the remaining structures must be completed within forty-five (45) days of the Notice to Proceed for secondary award structures.

10.6.3 If awarded one (1) to fifteen (15) structures, at least five (5) structures must be completed within thirty (30) days, at least five (5) more structures must be completed within forty-five (45) days, and the remaining structures must be completed within sixty (60) days of the Notice to Proceed for secondary structures.

10.7 Schedule: Upon receipt of the Notice to Proceed, each contractor shall supply the City’s Project Manager with a written demolition schedule for approval by the City. The schedule shall include both start and completion dates for all structures awarded to the contractor. The City reserves the right to request the schedule be modified if needed to meet public safety requirements or to cover unexpected contingencies. Changes to the approved schedule shall be made in writing.

11. PUBLIC SAFETY

11.1 During the demolition of front facades, temporary barricades are to be installed along the curb line to prevent debris from spilling onto streets.

11.2 Flagmen are to be present at all times to control trucking operations and to safely direct pedestrians and vehicle traffic.

11.3 “Sidewalk Closed” signs are to be installed at each end of the site. Signs must be installed in a secure and visible manner.

11.4 Any work that is abutting to or is encroaching the public right of way, SHALL require a Right of Way permit, prior to commencing the work.

11.5 During non-working hours, the site is to be completely encircled with fencing of sufficient height and strength to prevent casual public entry onto the premises and further prevent the entry of children and animals onto the premises.

11.6 The contractor and city representative shall inspect the inside of each property where possible to look for any signs of illegal occupancy or trespassers immediately prior to demolition commencing.

12. BID SECURITY

Each bid shall be accompanied by a bid security in an amount equal to Five Hundred Dollars ($500) for each property bid. Bid security may be in the form of cash, certified check, bank letter of credit, or surety bond issued by a surety company licensed to do business in the State of New York.

13. PERFORMANCE SECURITY

13.1 Within ten (10) days of the award letter, the contractor shall furnish the Purchasing Agent with performance security in an amount equal to one hundred (100%) percent of the contract price. Performance Security may be in the form of cash, certified check, or surety bond issued by a surety company licensed to do business in the State of New York.

13.2 If the performance bond is not received within ten (10) days, bid security may be forfeited and award made to the second low bidder.

14. INSURANCE

14.1 The Contractor shall procure and maintain at its 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 licensed to do such business in the State of New York and maintaining an A.M. Best rating of A- XV covering all operations under the Contract Documents whether performed by the Contractor or its Subcontractors.

If the Contractor is comprised of more than one legal entity (excluding Subcontractors), each such entity will be jointly named.

14.2 Within ten days of the request, the contractor shall furnish to the City Finance Director a certificate or certificates of insurance in form satisfactory to the City Purchasing Agent 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 days' written notice has been given to the City Purchasing Agent.

14.3 In each policy of insurance except insurance for Workers' Compensation and Disability Insurance, the City of Rochester shall be named as an additional insured for liability arising under this agreement. Except for Workers' Compensation and Disability Insurance, no insurance required herein shall contain any exclusion of municipal operations performed in connection with the project.

14.4 The kinds and amounts of insurance are as follows:

14.4.1 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 the said agreement, employees in compliance with the provisions of the Workers’ Compensation Law.

A. Workers' Compensation Insurance

A policy covering the operations of the Contractor in accordance with the provisions of Chapter 41 of the Laws of 1914, as amended, known as the Workers' Compensation Law. The policy shall be endorsed to provide 30 days prior written notice of cancellation or non-renewal and Waiver of Subrogation in favor of the City of Rochester. A copy of these endorsements shall be included with the Certificate of Insurance.

B. NYS Disability Insurance

A policy covering the operations of the contractor in accordance with the provisions of Article 9 of the Workers’ Compensation Law, known as the Disability Benefits Law (Chapter 600 of the Laws of 1949) and amendments thereto.

14.4.2 CASUALTY INSURANCE

The Contractor’s Comprehensive General Liability Insurance is issued to the Contractor and covers 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.

A. Commercial Automobile Liability. Issued to the Contractor and covering all owned, non-owned and hired automobiles with limits not less than:

Bodily Injury and Property Damage Liability

Combined Single Limit $1,000,000

B. Contractors Pollution Liability. Issued to the Contractor covering all operations with limits not less than:

$1,000,000 per loss

$2,000,000 annual aggregate

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

$5,000,000 Products/Completed Operations Limit

$5,000,000 General Aggregate

$5,000,000

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.

15. LABOR STANDARDS REQUIREMENTS

15.1 COMPLIANCE WITH LABOR LAWS

15.1.1 The contractor's attention is directed to the requirements of Sections 220 and 220-a through 220-e 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 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 220 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 there under, 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 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.

16.1.1 Paragraph 9.1, above, designates a specified disposal site for all debris from work under this contract. Per direction from the New York State Department of Labor, when a disposal site is contractually specified, travel time between the demolition site and the disposal site, in addition to the time spent at both locations, is subject to payment of prevailing wage rates. In the event of multiple trips from the demolition site to the disposal site on the same day and by the same driver, the return trip from the disposal site to the demolition site is also subject to prevailing wage rates.

In addition, the following language found in paragraph f of subdivision 3-a of section 220 of the NYS labor law has been modified to read-

“Prevailing wage rate shall be paid for work performed on a public works worksite pursuant to this section for any work involving delivery to and hauling from such worksites of aggregate supply construction materials, as well as any return hauls, whether empty or loaded and any time spent loading/unloading.”

This legislation was signed by the Governor and is effective on February 24, 2022.

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. Said updated schedule will be transmitted to the contractor by the City. Each worker, 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 Prevailing Wage Schedule provided, or from amendments to the Prevailing Wage 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. CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

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

17.2 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.”

17.3 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.

17.4 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.

17.5 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.

18. BIDDER IDENTIFICATION DOCUMENTS

Bidders who have not previously submitted a W-9 Form must submit a completed, signed W-9 Form along with Proposal Page.

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

19. CITY RESIDENT INCENTIVE PROGRAM

This contract includes an incentive program for hiring qualified city residents as specified in Appendix “B”. Contractors who qualify for this incentive will receive additional revenue from this contract.

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

20.1 Bidders must submit the MWBE Form SP Short Form included in the Proposal

20.2 MWBE Utilization Plan

Prior to the award of the contract, the successful bidder(s) must submit a Form A MWBE Utilization Plan, and related documents, as specified in Appendix C. The MWBE Utilization Plan will be incorporated into the contract documents. If a bidder does not submit a Form A MWBE Utilization Plan that is acceptable

20.3 MWBE Utilization Tracking

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

20.4 All MWBE forms are available on the City’s website at

http://www.cityofrochester.gov/mwbe/

21. 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:

21.1 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.

21.2 Unless otherwise required by law, the prices, which 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.

21.3 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.

http://www.cityofrochester.gov/mwbe/

PROPOSAL

The undersigned bidder hereby agrees to furnish the goods or services specified and to otherwise meet all terms, conditions, and specifications contained in this Invitation to Bid without exception unless exceptions are clearly noted in this proposal. The signature must be that of the bidder or of an employee or agent authorized to sign on behalf of the bidder.

Item No. Property Address Owner Bid Price (In Dollars)

6.1 447-449 Driving Park Private $______________

6.2 71 Farbridge Street Private $______________

6.3 535 Frost Avenue Private $______________

6.4 491-493 Jay Street Private $______________

6.5 3 Laser Street Private $______________

6.6 36-40 Merrimac Street Private $______________

6.7 57 Montrose Street Private $______________

6.8 37 Myrtle Street Private $______________

6.9 1264 Norton Street Private $______________

6.10 247-249 Parsells Avenue Private $______________

6.11 18-20 Trenaman Street Private $______________

6.12 58-60 Warehouse Street Private $______________

Authorized Signature Typed Name and Title of Authorized Signer

Typed Name of Company (Continued through Page 21)

Number of Structures the Bidder Certifies they will demolish and complete by October 31, 2025.

(reference Section 4.1 and Section 10.2):

__________Structures

The bidder expects to apply for the Incentive Program Payments upon completion of the project

(check if Yes) ______

W-9 Attached ____ Yes ____ No

W-9 Submitted with Previous Bid ____ Yes ____ No

MWBE Demolition Form P Completed, Signed and Attached ____ Yes ____ No

Check: ____The Bidder certifies understanding of and commitment to meet the 20% M and 6.9%

W workforce goals for this contract

CITY OF ROCHESTER

MWBE FORM SP SHORT FORM PROPOSED MWBE PLAN

Project Name: _________________________________________________ Bid #_____________

Name of Bidder: __________________________________________________________________

As the prime contractor of the work that I am bidding on, I understand that this project has MWBE goals.

Check one: _____ I WILL meet the 30% aggregate MWBE goals split between 20% M and 10% W

_____ I WILL NOT be able to meet the 30% aggregate MWBE goals split between 20% M and 10% W

Check if true: ______ My company is a state-certified MWBE company.

Subcontractors I will use to meet the MWBE goals. List any subcontractors you will use even if only partially meeting the goals.

______________________________________ _________________________ Circle Category: M W Name of Company Contact

______________________________________ _________________________ Circle Category: M W

______________________________________ _________________________ Circle Category: M W

If you cannot meet the MWBE goals, you must submit an explanation why. Include potential subcontractors you contacted to work on this contract.

Your name (printed) Signature Date

PROPOSAL

PRINT OR TYPE THE FOLLOWING INFORMATION:

Name of Firm or Corporation

Street Address

City State Zip Code

Telephone Fax No.

Date: _____________________________________ _____________________________

Email

ACCEPTED ON BEHALF OF THE CITY OF ROCHESTER FOR:

Bid No._____________ Contract No. ____________

No. of Structures _____

__________________________________ Date: _______________________

Purchasing Agent

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 Purchasing Agent as a result of such Invitation to Bid, unless otherwise specified. Bidders or their authorized representatives are expected to fully inform themselves of 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 submits 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 Purchasing Agent, 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 the 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 Purchasing Agent by the date and time established for the bid closing shall be rejected, even if mailed earlier. It is the bidder’s responsibility to ensure that the bid is received in the office of the Purchasing Agent by the bid closing date and time. Submittal of electronic bids, where permitted in the Invitation to Bid, is subject to the terms and conditions specified in the Invitation to Bid. In no circumstance shall a bid, either hard copy or electronic, that is submitted after the closing date and time be accepted by the City of Rochester.

5. Completeness: All information required by Invitation to Bid must be supplied to constitute a responsive bid.

6. Bids Binding 45 Days: Unless otherwise specified, all formal bids submitted shall be binding for forty-five

(45) days following bid-opening date. Bids will remain open and binding if the bidder agrees to an extension upon request of the Purchasing Agent or otherwise does not formally withdraw the bid.

7. Payment Terms: Prompt payment discounts allowing less than thirty (30) days for the discount to apply shall not be…