Department of Public Works 205 Saltonstall Street

Canandaigua, NY 14424 585-396-5060

ADVERTISEMENT FOR BIDS

October 1, 2026

NOTICE TO BIDDERS

Sealed bids for the purchase and installation of four (4) overhead doors and four (4) electric garage door openers for Fire Station #2 at 5298 Parkside Drive Canandaigua, New York will be received at the Public Works Facility, 205 Saltonstall Street, Canandaigua New York until November 5, 2026 at

10:00 A.M. when they will be publicly opened and read.

All bids shall be in accordance with the request for sealed bids furnished by and obtainable at the

Department of Public Works, 205 Saltonstall Street, Canandaigua, New York 14424 by contacting

Joanne Devlin, jdevlin@canandaiguanewyork.gov or 585-337-2144.

A pre-bid information meeting will be held at Fire Station #2, 5298 Parkside Drive, Canandaigua, NY at 10:00 AM on Friday October 16, 2026.

Any questions or clarifications should be directed to Sarah Brown sbrown@canandaiguanewyork.gov.

Sarah L. Brown

Director of Public Works mailto:jdevlin@canandaiguanewyork.gov mailto:sbrown@canandaiguanewyork.gov

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BID SPECIFICATIONS

Fire Station #2 Overhead Door Replacement

NOTE: This entire document must be submitted when quoting. Do not detach any pages.

The City of Canandaigua requests sealed bids to purchase and install four (4) overhead doors and four (4) electric garage door openers at Fire Station #2 at 5298 Parkside Drive Canandaigua, New York.

All bids must be submitted on the attached Bid Proposal Form and include the Non-Collusive Bid

Certificate, Questionnaire Form, Addendum Acknowledgement Form. as well as all other data requested on the Bid Proposal Form.

The bid proposal notice shall be part of the specifications.

No bids may be withdrawn after bid opening. All bids shall be in effect up to forty-five (45) days after bid opening.

The City reserves the right to waive any informalities or accept or reject any or all bids or options that it deems to best serve the needs of the City of Canandaigua.

INFORMATION TO BE FURNISHED WITH BID

The Bidder shall submit with its bid; company history, experience with the required work and three references from current or former customers.

The Bidder shall submit their New York State Department of Labor Certificate of Registration with their bid.

All bids will be submitted on forms furnished by the City and will be accompanied by a certified check or bid bond in the amount of five percent (5%) of the Bid.

Bids offered without said data may be declared “Informal”.

The City, however, reserves the right to request additional information deemed necessary for proper evaluation of bids.

PAYMENT

The Bidder shall bill the City monthly. Payment will be made by the City upon receipt of an invoice within thirty (30) days after receipt of the invoice.

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PREPARATION OF PROPOSAL

The proposal is contained in these contract documents and MUST NOT BE DETACHED by any bidder when submitting a proposal.

THE BIDDER MUST RETURN THE BID DOCUMENT INTACT. REMOVAL OF ANY PART

THEREOF MAY INVALIDATE THE BID.

All blank spaces on the proposal page or pages must be filled in. A lump sum price must be stated for each and every item, and for the total project, either typed in or written in ink, in figures and in words.

All blank spaces on the questionnaire page or pages must be filled in. Answers must be stated for each and every item, either typed or written in ink.

COMPLIANCE WITH LAWS

The Bidder shall at all times observe and comply with all laws, ordinances, and regulations of the Federal, State, Local, and City Government, which may in any manner affect the preparation of proposals or the performance of this Contract.

The Bidder and any potential sub-contractors must be a certified contractor per New York State

Department of Labor’s Registry. The Bidder should submit their Certificate of Registration with their bid.

NYS PREVAILING WAGE RATES

The bidder MUST comply with the State of New York Prevailing Wage Rates and regulation for this project and all proposals and prices should reflect those requirements. Certified payrolls will be required. Prevailing wage rates from the New York State Department of Labor will be provided. If a portion of this project is sub-contracted, the prime contractor must ensure that their sub-contractor also adheres to the State of New York Prevailing Wage Rates, and that both the prime and sub-contractor submit certified payrolls to the New York State Department of Labor on-line portal per current regulations.

TAX

The City of Canandaigua is exempt from paying Manufacturer’s Excise, Floor or Sales Tax and for that reason; the Bid Price shall not include any tax on the items specified. The City of Canandaigua will furnish a signed exemption form covering the tax, if any, applying to the item or items covered by these specifications, as may be required by law.

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AWARDING CRITERIA

While the purpose of the specifications is to indicate certain minimum requirements, its use is not intended to relieve the City of all responsibility in making a selection which is the most suitable for the City’s service.

Although proposals may be received based on the minimum requirements indicated, it is not intended that this alone shall limit the award but other factors may be considered, including the experience of the City and others.

In making any award the City will evaluate the bids received, considering such factors as listed below, as well as other factors, which are considered pertinent:

a. Compliance with Bid Document terms and conditions.

b. Compliance with Specifications.

c. Satisfactory completion of past similar projects

d. Tenderer creativity with their delivery methods and execution

e. Sustainability and environmental approach

QUESTIONS OR CLARIFICATIONS

All requests for information (RFI) regarding the plans and specifications shall be submitted in writing to Sarah Brown, City of Canandaigua, Department of Public Works, 205 Saltonstall Street, Canandaigua, NY or emailed to sbrown@canandaiguanewyork.gov. Answers to all questions will be provided by addendum to all plan holders. The last date for RFIs to be received will be October 29, 2026. If needed, the final addendum for this bid will be issued on November 2, 2026.

During the bid process, and prior to bid submittal is the time to request any clarifications, as the City reserves the right to reject any proposals that do not meet specifications because questions were not asked.

REJECTION OF BIDS

The City of Canandaigua reserves the right to reject any and all bids, options, or proposals if the best interest of the City will be served by such action.

INFORMALITITES

The City of Canandaigua reserves the right to consider INFORMAL a bid not prepared and submitted in accordance with the provisions of these specifications.

mailto:sbrown@canandaiguanewyork.gov

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SCOPE OF WORK

The City of Canandaigua requests sealed bids to remove and replace four (4) overhead garage bay doors, door operators, safety devices, and all required associated hardware at Fire Station #2 at 5298 Parkside Drive Canandaigua, New York. Bidders will purchase and install four (4) new high-cycle, heavy use, overhead doors to include operators, and all required/necessary incidental hardware as well as necessary controls. Bidder is responsible to perform and include all labor, materials, tools, equipment, supplies, services, and incidental work necessary to competently perform the installation.

1. Bidder to remove four (4) overhead garage doors, old electric operators, and associated hardware.

2. Original 3” Galvanized track to remain. Bidder to inspect, repair, or replace track if needed.

3. Bidder to install four new (4) Raynor ThermaSeal TM175 sectional insulated steel overhead garage doors, or approved equivalent.

4. ThermaSeal TM175 doors must include full view insulated glass windows in the 3 rd and 4th sections.

5. Bidder must install one 4-inch horizontal reinforcing strut per section as well as double end stiles and double end hinges to reduce wear and tear. Rollers shall be designed for high -cycle and heavy use.

6. All door operators shall be LiftMaster Logic 5.0 Gearhead Trolley (GT) Commercial Door

Operators. Must include a TLS1CARD, Automatic Timer to close and #41 Trolley Chain.

7. All Operator motors shall be 1-1/2 Horsepower with instant reverse and overload protection.

8. Each door shall be equipped with a 100,000 high-cycle torsion springs.

9. Bidder to install red/green lights for each operator to indicate when a door reaches the open / closed position

10. Each door should be equipped with light curtains and safety reversing edges for increased safety and to minimize possible damage.

11. All doors shall have the appropriate perimeter weather seals.

12. All new doors shall come with a final coat of powder coated paint. The color is to be 6868 Real

Red. The two full view sections should be insulated glass and powder coated to color match.

13. Each door operator shall include multifunction 3-4 button remotes to operate multiple doors.

Provide at least two (2) remotes per door.

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14. Each door shall have a commercial garage door opener three button station, all wiring and electrical components as required by the National Electrical Code, installed near the door jam.

15. Bidder will connect the new door operators to the existing electrical supply, for a complete and functional “turn-key” completed system.

16. Installation vendor must have a minimum 10 years of experience with list of similar projects completed.

17. Installation vendor must be provided by a company within 75 miles of the Fire Station .

18. Installation company to have an electrician within their organization capable of any needed repairs should they arise.

19. Installation company must offer 24/7/365-hour emergency service and have the ability to respond to any needed emergency repairs within one hour.

20. Bidder shall be responsible for all measurements of the existing installation.

21. Bidder shall be responsible for correct manufacturer’s installation and making of all connections for each overhead door to be safe and operable.

22. Work will need to be coordinated with the Department of Public Works, and Fire Chief so operations are not affected. Access to the fire trucks and associated fire apparatus must remain uninhibited at all times.

23. Submit any required plans, shop drawings, and any other required submittal documents to the

Department of Public Works.

24. Workplace shall be kept clean through the duration of the project.

25. Verification of correct and safe operation will need to be done by the Department of Public

Works, and Fire Chief before final acceptance of the project.

26. The Fire Station must be able to be closed/secured at the end of each work day.

Alternate #1:

1. Bidder will provide a price for the purchase and installation of brand-new tracks for each door.

The information presented in these plans and specifications is not intended to be a complete description of the work to be performed. Rather, it is intended to describe the final product that the

City expects to receive. All work that is part of this project shall be in accordance with the descriptions of the work, those detailed specifications presented herein and all applicable codes, standards and best practices for the types of construction to be performed.

Playing of radios or any other sound producing devices are prohibited at this job site. Smoking or vaping of any kind is not permitted in City facilities or on City property.

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Work will be limited to weekdays between 7:00 AM and 5:00 PM, unless other arrangements are made in advance with the approval of the Director of Public Works and the Fire Chief. All work shall be cleaned up and tools, equipment and materials stowed at the end of each workday.

Three parking spaces in the southeast corner of the front Fire Station #2 parking lot may be used by the contractor for onsite storage. The contractor shall be solely responsible for the safety and security of all of their tools, equipment and materials at all times. Any damage done to lawn, pavement or other areas shall be restored to existing condition at the contractor’s expense.

The contractor shall provide suitable barriers and warnings to keep unauthorized people out of their work area and any other area that may be impacted by falling debris, including the interior of the building. Any barricades placed inside the building shall be removed when active work is not being performed.

The contractor shall be in strict compliance with all applicable safety requirements.

If the contractor feels that a better alternative should be investigated, this should be noted. The alternative should be noted in a separate schedule with any cost savings. The main proposal should be fully compliant and in line with th is RFP, SOW, and contract documents. The City is not obligated to accept them. All alternatives shall be confidential between the City and tenderer who proposed and not provided to the other tenderers.

Schedule

• Pre-bid meeting – Friday October 16, 2026 at Fire Station #2, 5298 Parkside Drive

Canandaigua, NY at 10:00 AM

• Bid opening – November 5, 2026 at 10:00 AM at the Hurley Building, 205 Saltonstall Street

• Anticipated contract award – November 16, 2026

• Substantial completion – Feb 26, 2027

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QUESTIONNAIRE FORM FOR CITY SPECIFICATIONS FOR

Is this bid in conformance with all specifications? Yes_____ No_____

If answer is no, bidder must identify and explain each exception taken with references made to each page and paragraph to which exception will apply:

It shall be understood that if no exception is taken, the bidder shall complete all work as specified.

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ADDENDUM ACKNOWLEDGEMENT FORM

The receipt of the following addenda is hereby acknowledged:

Addendum No. ________________, dated __________________ Initialed__________________

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BID PAGE

The undersigned agrees to provide construction services in strict accordance with the attached plans and specifications for the firm, fixed prices quoted below. All work, if awarded, will be awarded to one bidder.

Item 1 – Four (4) Overhead Door Replacement (per specifications)

Number Amount Written in Words

Alternate #1 – Purchase and Installation of brand-new tracks for doors

Number Amount Written in Words

Name of Bidder ___________________________________________________________________

Address of Bidder __________________________________________________________________

Bidder Telephone # ________________________________________________________________

Bidder E-Mail _____________________________________________________________________

Authorized Signature________________________________________________________________

Printed Name of Signer______________________________________________________________

Title_______________________________________________________ Date__________________

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CITY OF CANANDAIGUA

NON-COLLUSIVE PROPOSAL CERTIFICATION

By submission of this proposal, each Contractor and each person signing on behalf of any Contractor certifies, and in case of a joint proposal each party thereto certified as to its own organization, under penalty of perjury, that to the best of knowledge and belief;

1. The prices in this proposal 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 Contractor or with any competitor;

2. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Contractor and will not knowingly be disclosed by the Contractor prior to the opening, directly or indirectly, to any other Contractor or to any competitor;

3. No attempt has been made or will be made by the Contractor to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition;

4. The Contractor herein has carefully examined the annexed form of the contract and contract documents.

STATE OF __________________________

COUNTY OF _________________________

CITY OF ____________________________

ss. ___________________________________ Signature of Contractor

Business Address

Sworn to and subscribed before me this day of _____________________, 2026.

_______________________________________(Notary Public)

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AFFIRMATIVE ACTION/MINORITY AND WOMEN-OWNED

BUSINESS ENTERPRISE POLICY STATEMENT

The City of Canandaigua has been and will continue to be an equal opportunity organization. No Minority and Women-Owned Business Enterprise (MWBE) employee or applicant for employment will be discriminated against because of race, color, religion, national origin, sex, age, disability, sexual preference or Vietnam Era Veteran status. We will take affirmative action to ensure that MWBEs, applicants and employees are treated without regard to these characteristics. To carry out our policy, the City of Canandaigua will:

1. Include minority and women-owned businesses in our solicitations;

2. Recruit, hire, train, place and promote persons for all jobs without regard to race, religion, color, national origin, sex, age, disability, sexual preference or Vietnam Era Veteran status;

3. Take affirmative steps to ensure that MWBEs have full participation in our procurement process; and

4. Administer other personnel functions, such as compensation, benefits, transfers, layoffs, returns from layoffs, and company-sponsored training, education, tuition assistance and social and recreation programs without regard to race, religion, color, national origin, sex, age, disability, sexual preference or Vietnam Era Veteran status;

The City of Canandaigua will periodically analyze its procurement and personnel actions to ensure compliance with this policy.

The Equal Employment Opportunity/Minority and Women-Owned Business Enterprise Coordinator for the City of Canandaigua is John Goodwin, Acting City Manager, 2 North Main Street, Canandaigua, New York, 585-396-5000. He is responsible for monitoring the facility's Affirmative Action/Minority and Women-Owned Business Enterprise Program and submitting required reports to appropriate locations. The coordinator is also the person to contact, if someone believes she/he has not been treated in accordance with our policy.

We ask your continued assistance and support in attaining the City of Canandaigua's objective of Equal Employment Opportunity/Minority and Women Owned Business Enterprise Opportunities

__Original Signature on File____ John Goodwin, City Manager

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(Sample Contract)

CONTRACT FOR PUBLIC WORK

THIS AGREEMENT made effective the ________ day of ___________, 2026, by and between the CITY OF CANANDAIGUA, a municipal corporation organized and existing under and by virtue of the Laws of the State of New York and being one of its political subdivisions, having its principal place of business at 2

North Main Street, Canandaigua, New York, 14424, Ontario County, New York, hereinafter called “City”, and __________________________, a corporation having offices at____________________, New York hereinafter called “Contractor”, pursuant to the provisions of the Charter and Ordinances of the City of

Canandaigua, and of the General Municipal Law of the State of New York.

WHEREAS, the parties to this agreement, each in consideration of the agreements on the part of the other herein contained, the City, for itself, its successors and assigns, and the Contractor, for itself, and its successors, agree as follows:

1. SCOPE OF WORK.

a. Scope of work is for Fire Station #2 Overhead Door Replacement, and per the specs and scope of work included in the bid document.

b. The work shall commence not later than the 30th of November, 2026 and shall progress with due diligence and in the order and manner in which the City through its Department Head may reasonably require.

c. It is understood and agreed between the parties hereto that no claim for damages or extra work shall be made in connection with this work except such as may be ordered in writing by the

Department Head of the City with the approval, by resolution of the Canandaigua City Council and further evidenced by the execution of a supplemental agreement between the City and the

Contractor.

d. It is further understood and agreed that title to all materials delivered upon the work paid for or partly paid for by the City shall vest in and become the property of the City.

2. TERM. The term shall be 3 months.

3. CONSIDERATION. Consideration shall not exceed $_________________.

Before payment is made by or on behalf of the City of any sum or sums due on account of this contract, the City shall require the Contractor and each and every subcontractor doing work contemplated by the terms of this contract to file a statement in writing, in a form satisfactory to the City, certifying to the amounts then due and owing to the Contractor or subcontractor filing such statement to any and all laborers on account of labor performed, setting forth therein the names of the persons to whom wages are due and the amount due to each respectively, which statement shall be verified by the oath of the Contractor or subcontractor as the case may be.

4. INSURANCE. Contractor agrees to maintain insurance as specified by attached document and shall provide the Canandaigua Clerk/Treasurer with a certificate of insurance naming the City of

Canandaigua as an additional insured. Self-employed persons must carry such workers’ compensation coverage as directed by the Clerk/Treasurer. If Workers’ Compensation Insurance is required by law and Contractor fails to provide it than this Agreement shall be void and of no effect

14 | P a g e unless the person or corporation making or performing the same shall secure compensation for the benefit of, and keep insured during the life of said contract, such employees, in compliance with the provisions of such law. The cost of obtaining any additional insurance shall be the responsibility of

Contractor.

5. COMPLIANCE WITH RULES, REGULATIONS AND LAWS.

a. It is mutually agreed that all rules, regulations and laws pertaining hereto shall be deemed to be part of this Agreement, and anything contained herein that may be in whole or in part inconsistent therewith shall be deemed to be hereby amended and modif ied to comply with such legislation, rules, regulations and laws, for and during such time the same shall be in effect, but at no other time. If any provision contained herein is found now or during the life of this Agreement to be null and void, in whole or in part as a matter of law, then said clause or part hereof shall be deemed to be severed and deleted from this Agreement leaving all other clauses or parts thereof in full force and effect. It is further agreed that there shall be no gap in the coverage or applicability of said remaining clauses or parts thereof.

b. Contractor, if applicable, agrees to comply with the Federal Commercial Drivers License Drug and

Alcohol Testing Program requirements set forth in 49 CFR Parts 40 and 382.

c. Every mechanic, laborer, and workman employed by the Contractor or by any subcontractor or other person about or upon the work contemplated by this contract shall be paid not less than the prevailing rate of wages as provided for by §220 of the Labor Law of the State of New York, to wit, there shall be paid to each employee engaged in work on the projects under this contract in the trade or occupation listed below not less than the hourly wage rate set opposite the occupation, namely:

Heavy & Highway Construction Trades. If any other occupation is required in this work, the

Contractor shall request the Department Head of the City for a supplemental schedule covering such occupation.

d. The Contractor shall post at conspicuous points at the site of the work, a schedule showing all determined minimum wage rates as specified in the contract to be paid for the various classes of mechanics, workmen and laborers employed on the work; and showing all authorized deductions, if any, from unpaid wages actually earned.

e. The City may require the Contractor or any subcontractor or other person performing any work contemplated by this contract or any extra work to file with the governing board of such City a schedule of the wages to be paid to such laborers, workmen and mechanics, and such Contractor shall, within 10 days after the receipt of written notice of such requirement, file with the City such schedule of wages.

f. Payment to each and every laborer, workman, and mechanic employed by the Contractor, any subcontractor or other person performing any work contemplated by this contract shall be made not less often than once in every week.

g. In the hiring of employees for the performance of work under this contract, no Contractor, subcontractor or other person engaged in the performance of any work contemplated by this contract shall, by reason of race, creed, color, disability, sex or national origin, discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates. No Contractor, subcontractor, or any person on his behalf, shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color, disability, sex or national origin. There may be deducted from the amount payable to the Contractor by the City, under this contract, a penalty of $50.00 for each person for https://advance.lexis.com/GoToContentView?requestid=d3d75a0d-14ff-4ebc-9015-91970e390626

15 | P a g e each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this contract. This contract may be cancelled or terminated by the City, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or provisions of this paragraph.

h. In acceptance of this Agreement, Contractor covenants and certifies that it will comply in all respects with all Federal, State, County or other Municipal Law which pertains hereto regarding work on municipal contracts, matters of employment, length of hours, workers’ compensation and human rights.

6. GOVERNING LAW AND VENUE.

a. The Laws of the State of New York, excluding its choice of law provisions, shall govern and control the within Agreement. The parties agree to submit themselves in any legal action or proceeding arising out of or relating to this agreement, or for the recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the Supreme Court of the State of New York, Ontario County, if in State Court, or the courts of the United States District

Court, Western District of New York, if in Federal Court, and all related appellate courts. The parties agree to be subject to personal jurisdiction in and consent to service of process issued by a court in which venue is proper as defined in this paragraph.

b. It is expressly understood and agreed that upon the refusal of the Contractor or any agent or employee of the Contractor, when called before a grand jury, to testify concerning any transaction or contract had with the State of New York, any political subdivision thereof, a public authority thereof or with any public department, agency or official of the State or of any political subdivision thereof or of any public authority thereof, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant questions concerning such transaction or contract shall cause the cancellation or termination of this contract and the City shall be liable to the Contractor only for goods delivered or work done prior to the time of the said cancellation or termination.

7. CONFLICT OF INTEREST. Contractor hereby stipulates and certifies that there is no member of the Canandaigua City Council or other Canandaigua City Officer or Employee forbidden by law to be interested in the Agreement directly or indirectly, who will benefit therefrom or who is a party thereto.

8. LICENSES. Contractor hereby agrees that it will obtain, at its own expense, all licenses or permits necessary for this work, if any are necessary prior to the commencement of said work.

9. WARRANTIES AND REPRESENTATIONS. Contractor warrants and represents, that it is qualified by training and experience to perform the services outlined in this Agreement.

10. CONFIDENTIAL INFORMATION. The Contractor agrees that any information or data obtained, documents produced, or any other material received by the Contractor during the furtherance of Contractor’s obligations in accordance with this Agreement will be treated by the Contractor in full confidence and will not be revealed to any other persons, firms, or organizations.

11. INDEPENDENT CONTRACTOR STATUS. Contractor covenants and agrees that it will conduct itself consistent with its status, said status being that of an independent contractor and that itself, its employees or agents will neither hold themselves out as, nor claim to be an officer or employee of the City of Canandaigua, for such purposes as, but not limited to, Workers’ Compensation coverage, Unemployment Insurance Benefits, Social Security or Retirement membership or credit.

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12. HOLD HARMLESS. Contractor shall at all times save harmless the City of Canandaigua, its officers, and its employees, together with their officers, agents, servants, and employees, from and against any and all liability, losses, claims, suits, causes of action, costs, expenses, damages or judgments or for the defense or payment thereof, based on any claim, action or cause of action whatsoever, including any action for libel, slander, or personal injury, or any affiliated claims, by reason of any act or failure to properly act on the part of Contractor or its agents, officers, employees and/or sub-contractors and in particular as may arise from Contractor’s performance under this contract, except those arising out of any willful misconduct or grossly negligent act of City.

13. NOTICE OF INJURY. In the event that Contractor’s employee, agent, or sub-contractor is injured or causes injury or damage while in performance of services under this Agreement then Contractor shall cause written notice to be served upon the Canandaigua City Attorney at 2 North Main Street, Canandaigua, New York 14424 within twenty-four hours of any such injury or damage.

14. AUDIT. Contractor shall take such action, if applicable and as necessary and appropriate, to comply with Federal Circular A-128 or Circular A-133 relative to Single Audit of Federal Financial Assistance.

In any event, Contractor shall provide the City with appropriate documentation should the City wish to conduct an audit relative to the expenditure of the funds pursuant to this agreement.

15. EXAMINATION OF BUDGET AND APPROPRIATION OF FUNDS. It is expressly understood by and between the parties that any and all payments made pursuant to the within contract may not be in an amount in excess of the sum appropriated therefore in the Budget. Contractor specifically acknowledges its responsibility to examine the Budget to assure itself that the within contract price complies with the amount appropriated therefore. Should the contract price exceed the amount appropriated for the object purpose of the contract, the within contract shall be unenforceable, unless approved by a majority of a roll call vote of the Canandaigua City Council. The contract shall be deemed executory only to the extent of money available to the City of Canandaigua for the performance of the terms hereof and the City of Canandaigua shall incur no liability, beyond monies available, for the purpose thereof.

The preceding clause shall not apply to contracts for provision of services where the State of New York or the U.S. Government mandates the payment and/or amount thereof. In that event, the Department Head represents that there is a funding source sufficient to pay for services provided pursuant to the contract.

In accordance with State Finance Law, the City shall have no liability under this Agreement to Contractor or to anyone else beyond funds appropriated and available for this contract.

16. TAXES. The City shall not be responsible for payment of any state or federal taxes, which may be incurred by Contractor, pursuant to this Agreement.

17. TERMINATION.

a.) The City may terminate this Agreement at any time with 30 days advance written notice if the City determines that Contractor is unable or unwilling to provide the services described in this Agreement or the Contractor fails to immediately correct any problems after notification of such problem from the City.

b.) The City may terminate this Agreement immediately upon written notice in the event of bankruptcy, insolvency, or any other financial condition creating reasonable doubt as to Contractor’s ability to perform hereunder.

c.) Upon written notice of termination from the City, the Contractor shall immediately cease all work under this Agreement and remit all outstanding funds, if any, due to the City.

17 | P a g e d.) No such termination shall affect or discharge any obligations of either party, which arose prior to the effective date of termination with respect to warranties, indemnification, monies owed or confidential information.

18. CONFLICT OF TERMS. In the event that a conflict exists between the terms and conditions of this

Agreement and any exhibits, appendices, or attachments hereto, that are proposed by Contractor, the terms and conditions of this Agreement shall control, unless such conflicting or additional terms are accepted in a writing making reference to this Agreement and signed by the City. Performance of the

Scope of Work pursuant to this Agreement shall be deemed to be unqualified acceptance of the terms and conditions contained herein.

19. COUNTERPARTS. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same

Agreement.

20. ASSIGNABILITY. This contract may not be assigned, transferred, conveyed, sublet or disposed of without the previous consent, in writing, of the City of Canandaigua.

21. AMENDMENTS. This Agreement may be amended, modified or extended only by written instrument duly authorized and executed by the parties with the same formality as this Agreement.

22. WAIVER. The failure of the City to insist, in any one or more instances, upon the full performance of any of the terms and conditions of this Agreement, or to exercise any rights it may have hereunder, shall not be construed as a waiver of any legal rights it may have with respect to such nonperformance, or be construed as the City’s condoning of further nonperformance of such terms or conditions.

23. NOTICES. Any notice or consent required or permitted to be given pursuant to this Agreement shall be given to the respective parties in writing, by ordinary, first class mail or otherwise delivered to the addresses listed above, or any other addresses the parties may from time to time designate. Notices and consents, which are sent by mail, shall be deemed received by the other party five (5) days following their deposit in the U.S. Mail. Contractor agrees to accept service of process at the address listed above in any action brought by the City pursuant to this Agreement.

24. HEADINGS. Titles, captions, or headings to any provision, article, etc. shall not limit the full contents of the same. Each article has the same full force and effect as if no title existed.

25. MERGER CLAUSE.

a. The parties agree the foregoing and the attached exhibits constitute the entire Agreement between the parties and shall supersede any verbal statements or other writings, except an amendment, mutually agreed upon between the parties and in writing, and designated as an amendment to this Agreement, shall supersede or vary the positions herein.

b. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to have been inserted herein, and if through mistake or otherwise, such provision is not inserted, then upon the application of either party, this contract shall be amended forthwith to make such insertion.

26. AUTHORIZATION. Each party asserts and acknowledges that the signatory indicated below is authorized and empowered to execute this Agreement on behalf of that party. Contractor acknowledges that this Agreement has no force and affect unless approved by the Canandaigua City Council.

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27. PIGGY-BACK. Pursuant to NYS General Municipal Law §103(16) the City of Canandaigua certifies that this contract was awarded in compliance with the competitive bidding requirements of the State of New York for a competitive bids and agrees that the terms and conditions of such contract are available for use by other government entities and authorized Purchasers provided that Purchaser enters into a separate independent contract with Contractor and in said contract Purchaser accepts sole responsibility for any payment due the Vendor for services/material rendered to that Purchaser.

However, it is understood that the extension of such contracts are entirely at the discretion of the

Contractor and the Contractor is only bound to any contracts between the City of Canandaigua and the Contractor. This proposal in part or in whole shall become the basis of the awarded contract and must meet all applicable standards as set forth under NYS General Municipal Law, New York State

Finance Law and or local resolutions or updated versions thereof. Extension of contract terms to another entity is strictly between the Contractor and participating entities and the City of

Canandaigua shall be held harmless from any such activity. The City of Canandaigua reserves the right to be informed of any such activity without obligation, written or implied.

28. STATEMENT OF NON-INVESTMENT IN IRANIAN ENERGY SECTOR. Under penalty of perjury, Contractor, hereby certifies that to the best of its knowledge and belief, it is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of New York State Finance Law.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.

SIGNATURE PAGE FOLLOWS

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.

Dated: _________________________ BY: ______________________________________

City Manager

CONTRACTOR

Dated: _________________________ BY: _______________________________________

STATE OF NEW YORK)

ss:

COUNTY OF )

On this __________ day of ____________________, 2026, before me personally came

__________________________________, to me known, who, being by me duly sworn, did depose and say that he/she resides in the ___________________________, of ____________________New York; that he/she is the __________________________ of _____________________________, the corporation described in and which executed the above instrument; and that he/she signed his/her name thereto with the authority of and by order of the __________________________________________ of said corporation.

City of Canandaigua - Standard Insurance Requirements - 2026 Prior to commencement of work, delivery of services, acquisition of merchandise or equipment a Certificate of Insurance and a policy endorsement covering items A, B & C must be delivered to the Department of Public Works. A Certificate of insurance may be used to show coverage only.

A. "The City of Canandaigua, 2 North Main Street, Canandaigua, N.Y., 14424 shall be named as an additional insured on a primary and non-contributory basis" (for the purposes of coverage but not the payment of premium ).

B. ACKNOWLEDGEMENT: The insurance companies providing coverage acknowledge that the named insured is entering into a contract with the City of Canandaigua in which the named insured agrees to defend, hold harmless, and indemnify the City, its officials, employees and agents again st all claims resulting from work performed, material handled and services rendered. The contractual liability coverage evidenced will cover the liability assu med under the City-Contractor agreement.

C. Prior to non-renewal, cancellation or a change of converge on this policy, at least twenty (20) days advance written notice shall be given to City Clerk/Treasurer at City Hall, 2 North Main Street, Canandaigua, N.Y., 14424

Vendor Classification

Purchase or Lease of

Merchandise/

Equipment

Maintenance and Repair of Equipment

Renovation, Maintenance & Repair of

Building & Property

Lease/Use of Facilities or Grounds &

Property

Non- Professional

Contract

Services

Consultant

Capital (New) Construction

Projects

Insurance Type

Commercial General Liability

Each Occurrence $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 Fire Damage / Damage to Rented Premises $50,000 $50,000 $50,000 $100,000 $50,000 $50,000 $50,000 General Aggregate $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 Products / Completed Operations $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000

Personal & Advertising Injury $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 Medical Expense $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000

Host Liquor $1,000,000

Auto Liability

Any Auto OR $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 Owned $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 Hired $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000

Non-Owned $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000

Excess / Umbrella

Each Occurrence $1,000,000 $1,000,000 Low Hazard (Small Jobs): $1,000,000

Occurrence $1,000,000 $1,000,000 $1,000,000 $5,000,000

Medium Hazard (Public Access projects – i.e.

sidewalk project) $2,000,000

Occurrence

High Hazard (Large Projects- i.e. road construction, building projects with a fall from heights exposure, etc.): $5,000,000

Aggregate $1,000,000 $1,000,000 Varies Depending on Project Noted Above $1,000,000 $1,000,000 $1,000,000 $5,000,000

Workers Compensation/ Employers Liability

Each employee Statutory Statutory Statutory Statutory Statutory Statutory Statutory

Each accident Statutory Statutory Statutory Statutory Statutory Statutory Statutory

Vendor Classification

Purchase or Lease of

Merchandise/ Equipment

Maintenance and Repair of

Equipment

Renovation, Maintenance &

Repair of Building & Property

Lease/Use of Facilities or

Grounds & Property

Non- Professional

Contract

Consultant

Capital (New) Construction

Projects

Disability benefits

Each employee Statutory Statutory Statutory Statutory Statutory Statutory Statutory

Other

Professional Liability $1,000,000

Cyber Liability $1,000,000 $2,000,000, if applicable

Owners & Contractors Protective Liability Public Entity as the Named Insured

Each Occurrence $1,000,000

Aggregate $2,000,000

Builders Risk Insurance or Installation Floater

Coverage is to be provided on a direct risk of loss basis, special form including equipment breakdown. Deductible shall not exceed $10,000. Coverage shall include property in transit and property stored on and off premises. Flood coverage is required for full value of the work to a maximum limit of $1,000,000

Limit shall be equal to full value of the work, material and/or equipment being installed.

Public Entity shall be listed as Loss Payee as their interests may appear

Limit shall be equal to full value of the work, material and/or equipment being installed.

Public Entity shall be listed as Loss Payee as their interests may appear

Bonds

Payment & Performance

Bonds, if applicable

Payment & Performance Bond

Policy Endorsements:

Additional Insured on a Primary & Non- Contributory Basis with a Waiver of Subrogation and 30 Days Notice of Cancellation or Non-Renewal

Include Coverage On:

General Liability

& Auto

& Auto

General Liability, Auto & Excess &

Work Comp (Waiver of

Subrogation)

Auto, Excess

Auto & Excess

Auto, Excess &

Work Comp (waiver of subrogation)

Labor Law: No Exclusions for Labor Law

No Exclusions for Labor Law

APPENDIX A

NYS PREVAILING WAGE RATES

(To be furnished under separate email)