September 2026

City of Rochester, New York

Contract Proposal Book for

GROUP 5B

LEAD SERVICE LINE REPLACEMENT PROJECT

FUNDING BY NEW YORK STATE ENVIRONMENTAL FACILITIES CORPORATION

DRINKING WATER STATE REVOLVING FUND (DWSRF) #19618

City Project No. 26W205

Department of Environmental Services

Bureau of Architecture and Engineering Services

Nick Considine, Director of Water

Issued: September 2026

THIS CONTRACT CONTAINS BID ALTERNATE(S) AND WILL BE

AWARDED TO THE LOWEST RESPONSIBLE BIDDER IN THE ORDER OF

PRIORITY AS LISTED UNDER SUBSECTION SIB 12 BASIS OF AWARD

THIS CONTRACT CONTAINS AN INCENTIVE PROGRAM FOR EMPLOYING

QUALIFIED CITY RESIDENTS, APPRENTICESHIP TRAINING REQUIREMENTS,

AND DBE AND WORKFORCE GOALS REQUIREMENTS

PS-1

PROJECT SUMMARY

PROJECT TITLE

NYS Environmental Facilities Corporation

LEAD SERVICE REPLACEMENT PROGRAM

Group 5B Lead Service Line Replacement Project Project No. 26W205

DWSRF #: 19618

PROJECT DESCRIPTION

This Project includes new DBE and Workforce Goals (reference Sections SLR 19 and SLR 20), the requirements of the Drinking Water State Revolving Fund (Supplemental Documents) and consists of improvements to Group 5B Lead Service Line Replacement Project on various streets. The scope of the work includes the replacement of existing lead, lead-lined, and galvanized water services with new polyethylene or copper water service lines, inclusive of the water main tap, service saddle (if required), service tubing, curb stop and box, and connection to the customer’s inside service line. If both inside and outside service lines are found to be composed of lead, lead-lined, or galvanized materials, the service line shall be replaced from the water main to the meter. A full-service line flush from the water main to the meter is required following the service installation. The work includes surface restoration of disturbed areas.

The Project includes a Base Bid and two Add Alternates. The Base Bid is for replacement of lead services on the following streets:

BASE BID

STREET TO FROM

Aldern Place Glendale Park Ravine Avenue

Appleton Street Chili Avenue West Avenue

Backus Street Emerson Street Petrel Street

Bloss Street Dewey Avenue Fulton Avenue

Briggs Street Farragut Street Wilbur Street

Broezel Street Lexington Avenue Driving Park Avenue

Byers Court Daus Alley Saratoga Avenue

Canal Street West Main Street Allen Street

Chester Street Zena Street Colvin Street

PS-2

Base Bid Con’t

STREET TO FROM

Child Street Danforth Street Railroad Overpass

Clarkson Street Glendale Park Ravine Avenue

Colvin Street West Avenue Wright Street

Copley Street Stanton Street Lincoln Avenue

Danforth Street Ames Street York Street

Depew Street Chili Avenue West Avenue

Dengler Street Silver Street Silver Street

Eddy Street Taylor Street Brown Street

Emerson Street Fulton Avenue Lake Avenue

Essex Street Silver Street Brown Street

Farragut Street Fessenden Street Lincoln Street

Fillmore Street Chili Avenue West Avenue

Finch Street Ravine Avenue Driving Park Avenue

Forbes Street Lincoln Avenue Gardiner Avenue

Garfield Street Chili Avenue West Avenue

Glendale Park Oriole Street Hastings Street

Glenwood Avenue Dewey Avenue Tacoma Street

Hertel Street Silver Street Victoria Street

Hancock Street Chili Avenue West Avenue

Hobart Street Chili Avenue West Avenue

Holmes Street Lexington Avenue Driving Park Avenue

Hortense Street Danforth Street West Avenue

Jefferson Avenue Brown Street West Main Street

Kay Terrace Lexington Avenue Glenwood Avenue

Lark Street Lexington Avenue Driving Park Avenue

Lincoln Avenue Forbes Street Chili Avenue

Locust Street Dewey Avenue Fulton Avenue

Lozier Street Chili Avenue West Avenue

Love Street Taylor Street Silver Street

Malvern Street Ravine Avenue Glenwood Avenue

Mason Street Pierpont Street Thorn Street

Petrel Street Backus Street Fulton Avenue

Prescott Street Farragut Street Wilbur Street

Ravine Avenue Finch Street Aldern Place

S Madison Park Madison Street King Street

Salina Street Forbes Street Chili Avenue

Saxton Street Dengler Street Silver Street

PS-3

Base Bid Con’t

STREET TO FROM

Silver Street Taylor Street Dengler Street

Somerset Street Chili Avenue West Avenue

Stanton Street Farragut Street Copley Street

Straub Street Lexington Avenue Driving Park Avenue

Tacoma Street Ravine Avenue Driving Park Avenue

Taylor Street Silver Street Love Street

Terry Street Brown Street Arklow Street

Thorndale Terrace Chili Avenue West Avenue

Victoria Street Eddy Street Hertel Street

Wentworth Street Brown Street W Main Street

ADD ALERNATE 1

Colfax Street Emerson Street Lexington Avenue

Curlew Street Emerson Street Lexington Avenue

Merlin Street Emerson Street Dead End North of Glenwood

Plover Street Emerson Street Dead End

Polaris Street Planet Street Lexington Avenue

Stenson Street Emerson Street Planet Street

ADD ALERNATE 2

Ambrose Street Saratoga Avenue Lake Avenue

Cliff Street Lake Avenue Bend in Street

Costar Street Dewey Avenue N Plymouth Avenue

Frankfort Street Lyell Avenue Jay Street

Jones Avenue Saratoga Avenue Lake Avenue

Lorimer Street Dewey Avenue Lake Avenue Mill Street Brown Street Furnace Street

Montrose Street Saratoga Avenue N Plymouth Avenue

N Plymouth Avenue Costar Street Lyell Avenue

Verona Street Lyell Avenue Smith Street

White Street Cliff Street N Plymouth Avenue

Wright Street Colvin Street Child Street

PS-4

PROJECT DESIGN

Donald Hoefler, P.E., Project Engineer Labella Associates 300 State Street Rochester, NY 14614

CONTRACT TYPE

This is a UNIT PRICE contract, and includes Bid Alternate(s) 1 and 2.

CONTRACT DOCUMENTS

A. City of Rochester Standard Construction Contract Documents, November 1, 1991 Edition

B. NYSDOT Standard Specifications (US Customary Units) in effect on the date of advertisement for bids - specifications as referenced

C. Contract Proposal Book for Group 5B Lead Service Line Replacement Project

D. Contract Proposal Forms for Group 5B Lead Service Line Replacement Project

E. Contract Drawings 1 thru 62

PS-5

WORK BY OTHERS

The intent of the “WORK BY OTHERS” portion of the Project Summary section is to advise the prospective Bidder of any anticipated work to be done by others for informational and coordination purposes. The information is furnished solely for the convenience of the Contractor, without any warranty expressed or implied as to its accuracy or completeness.

Bulls Head Revitalization Street Improvements: City of Rochester, NYSDOT

The Bull's Head Revitalization Project is currently in construction with a completion date of 2027. This includes the removal of Kensington Street and geometric changes to Genesee Street, Silver Street and Brown Street and West Avenue at Chili Avenue.

TABLE OF CONTENTS

PAGE

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS .................................................. SIB-1 thru SIB-16

PROPOSAL ...................................................................................................................... P-1 thru P-14

AGREEMENT, BONDS AND INSURANCE FORMS ........................................................ A-1 thru A-11

SUPPLEMENTARY LAWS AND REGULATIONS ................................................... SLR-1 thru SLR-71

SUPPLEMENTARY TERMS AND CONDITIONS .................................................... STC-1 thru STC-10

SPECIAL NOTES ........................................................................................................ SN-1 thru SN-14

SUPPLEMENTARY SPECIFICATIONS........................................................................SS-1 thru SS-86

SUPPLEMENTARY

INSTRUCTIONS TO BIDDERS

PAGE

A. RECENT CHANGES TO THE CONTRACT DOCUMENTS.................................................. SIB-01

B. PROJECT SPECIFIC INFORMATION

1. Pre-Bid Conference ...................................................................................................... SIB-03

2. Time and Location of Bid Opening ................................................................................ SIB-03

3. Apprenticeship and Subcontractor Data, MWBE Form P, Workforce Goals .................. SIB-03

4. Incentive Program for Employing Qualified City Residents ........................................... SIB-03

5. Start and Completion of the Work ................................................................................. SIB-04

C. MODIFICATIONS TO THE INSTRUCTIONS TO BIDDERS

SIB 1. Charge or Deposit Required ................................................................................. SIB-05 SIB 2. Qualifications of Bidders ....................................................................................... SIB-05 SIB 3. Inspections and Review of Contract Documents before Submitting Bid ................ SIB-06 SIB 4. Communications and Interpretations Given Prior to Opening of Bids……………….SIB-07 SIB 5. Requirements for Bid Deposit ............................................................................... SIB-07 SIB 6. Subcontractors and Assignments ......................................................................... SIB-08 SIB 7. Unit Price Contract ............................................................................................... SIB-08 SIB 9. Requirements for Preparation and Submission of Bids ......................................... SIB-08 SIB 11. Owner’s Discretion to Accept, Reject, or Waive Bid ............................................. SIB-10 SIB 12. Basis of Award ..................................................................................................... SIB-10 SIB 14. Execution of the Agreement ................................................................................. SIB-12 SIB 15. Incentive Program for Public Works Contracts ..................................................... SIB-12 SIB 16. Iran Divestment Act .............................................................................................. SIB-13 SIB 17. NYS Freedom of Information Law (FOIL) ............................................................. SIB-13 SIB 19. NYS Public Work Contractor and Subcontractor Registry .................................... SIB-13

Page SIB-1

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

These Supplementary Instructions to Bidders amend or supplement the Instructions to Bidders of the City of Rochester Standard Construction Contract Documents and other provisions of the City’s Contract Documents as are indicated below. All provisions which are not so amended remain in full force and effect.

A. RECENT CHANGES TO THE CONTRACT DOCUMENTS

The following is a brief recap of the major changes that have been made to the Contract Documents:

• Revised Supplementary Instructions to Bidders Section 5. Start and Completion of the Work

(10/01/2025)

• Added Section SIB 4. Communications and Interpretations Given Prior to Opening of Bids (10/01/2025)

• Revised Section SLR 21. Prevailing Wage Schedule and List of Employers Ineligible to Bid on or be Awarded any Public Work (10/01/2025)

• Added Section SIB 19. NYS Public Work Contractor and Subcontractor Registry to

Supplemental Instructions to Bidders and Added New York State Department of Labor Contractor Registry Certificate to Bid Proposal Submission Checklist (06/18/2025).

• Revised Subsection 5.2 Physical Conditions – Investigations and Reports Article 5 Availability of Lands; Physical Conditions; Reference Points of the General Terms and Conditions Section regarding obtaining copies of reports used during design of the Project (06/18/2025)

• Revised Subsection STC 10.2 Changes in the Contract Price regarding subcontractor costs.

(06/18/2025)

• Deleted Subsection STC 10.5 Value Engineering, and Revised Subsection 10.1 Changes in the Work of Article 10 of the General Terms and Conditions Section to add Value Engineering (06/18/2025).

An incomplete bid package that is missing the required forms will be declared informal and will not be considered for award.

The Bidder should familiarize themselves not only with these major changes, but also should thoroughly review all of the Contract Documents as other minor changes may also have been made that are not specifically noted herein. The Bidder is to comply not only with these new requirements, but with all of the other requirements that are listed within the Contract Documents.

Page SIB-2

THIS PAGE INTENTIONALLY LEFT BLANK

Page SIB-3

B. PROJECT SPECIFIC INFORMATION

1. Pre-Bid Conference

A pre-bid conference will be held on Wednesday, September 16, 2026 at 10:00 AM in the Training Room at the Rochester Water Bureau, 10 Felix Street, Rochester, NY 14608.

All Bidders are urged to attend so that their bid is not rejected due to lack of adequate documentation.

Any statements made at the pre-bid meeting do not constitute changes in the Contract Documents.

Amendments to the Contract Documents can only be accomplished by means of addenda issued by the City Engineer.

2. Time and Location of Bid Opening

Sealed Proposals for the following improvement:

Group 5B, Lead Service Line Replacement Project Project No. 26W205

DWSRF #19618

endorsed with the name of the Bidder and stating the Bidder’s address must be received by the Office of the Director of Purchasing, City Hall Room 105-A, 30 Church Street, Rochester, NY 14614 prior to the Bid opening. The Bid opening is scheduled at 2:00 PM local time on Thursday, October 8, 2026, at City Hall, 30 Church Street, Rochester, NY, at which time and place all Bids will be publicly opened, read and recorded. When the Bidder submits their Bid, the Purchasing Office will inform the Bidder of the room location where the Bids will be opened.

3. Apprenticeship and Subcontractor Data, DBE, Certification of Workforce Goals

a. Submit Apprenticeship Agreements and Subcontractor Data as required by SIB 9 and SLR 17.

b. Submit DBE Utilization Plan as required by the NYS EFC Mandatory State Revolving Fund

Equivalency Project Terms and Conditions.

c. Verify intent to meet the Workforce Goals as required by SIB 9 and SLR 20 by checking the box on page P-5A.

d. Complete and sign the checklist on page P-5A of the proposal and submit all required documents.

The City will reject bids that lack any of the required documents.

4. Incentive Program for Employing Qualified City Residents

Indicate on the form “Compliance with City of Rochester Specifications” of the Proposal if you expect to submit an application for the incentive program payment after the project is completed. Checking the box (indicating yes) on the form does not obligate the Bidder to submit an application for payment, but will be used by the City to budget for this additional cost.

Page SIB-4

5. Start and Completion of the Work

The Contractor will start the work within ten (10) days of receipt of the written Notice to Proceed as issued by the City Engineer.

The Contractor shall complete all service replacements within four hundred and fifty-three (453) calendar days and all surface restoration within five hundred and forty-three (543) calendar days from the date the Notice to Proceed was issued less the number of days by which one (1) or more of the following submittals are overdue: Completed MWBE forms and Workforce Goals forms required by Subsection SLR 19 and SLR 20 of the Supplementary Laws and Regulations;

performance and payment bonds required by Article 4.1.2 of the General Terms and Conditions;

and certificates of insurance required by STC 4.2, STC 4.3, and STC 13.3 of the Supplementary Terms and Conditions.

Contractor is required to replace a minimum of 40 services (corporation stop to curb stop per month during the months of April thru November.

The Contractor shall complete all water service work on individual streets within forty-five (45) calendar days from the date work commences on an individual street.

The Contractor will have seven (7) business days to schedule the replacement of the inside service immediately following receipt of a signed access agreement and twenty (20) business days to complete the work.

Page SIB-5

C. MODIFICATIONS TO THE INSTRUCTIONS TO BIDDERS

SIB-1. Charge or Deposit Required

Delete the first sentence of Subsection 1 Charge or Deposit Required in its entirety, and Replace with the following:

A charge of sixty dollars ($60.00) shall be made to the Bidder for each hard copy set of the Drawings and the Contract Proposal Book obtained from the City for this Project. Copies of the Drawings and the Contract Proposal Book may also be obtained from BidNet at https://www.bidnetdirect.com/new-york/city-of-rochester/.

No charge will be required for Bid documents that are downloaded through the City’s electronic bid service – BidNet - Empire State Purchasing Group – City of Rochester.

SIB 2. Qualifications of Bidders

Add the following at the end of Subsection 2 Qualifications of Bidders:

Upon request by the City of Rochester (City Engineer or Director of Purchasing), Bidders will be required to fill out a Confidential Questionnaire - Statement of Bidder’s Qualifications. The Confidential Questionnaire is not attached to the Proposal as stated in Subsection 2. Qualifications of Bidders of the Instruction to Bidders in the City of Rochester Standard Construction Contract Documents, November 1, 1991, Edition.

In the event that the City shall require certified supporting data regarding the qualifications of the Bidder in order to determine whether the Bidder is a responsible Bidder, the Bidder will be required to complete and furnish a Confidential Questionnaire within forty-eight (48) hours of the request by the City Engineer or Director of Purchasing. On the Confidential Questionnaire the Bidder will be required to list:

a. The Bidder’s performance record;

b. The address and description of the Bidder’s plant and place of business, principals of the firm and detailed account of work committed;

c. An itemized list of equipment in inventory. Such list shall include the age and condition of the equipment;

d. Dollar value of the largest contract that the Bidder has been awarded and completed within the last 5 years;

e. Description of other contract work the Bidder is engaged in at present time;

f. Manner in which the Bidder inspected this Project;

g. Names and experience of personnel responsible for field work on this Project;

h. Description and dollar value of work to be performed on site with the Bidder’s forces;

i. Number of the Bidder’s workers to be assigned to this Project;

j. Name of the Bidder’s bonding company;

k. Description and dollar value of work to be sublet;

l. A description of any similar projects which the Bidder has constructed in a satisfactory manner and other pertinent information;

m. Type of equipment to be rented for this Project.

The City Engineer or Director of Purchasing may also request the Bidder to furnish within forty-eight

(48) hours a certified or authenticated financial statement, dated within thirty (30) days prior to the opening of bids. The City may require that any items be further verified. The Bidder agrees to permit the City to verify the line of credit extended to the Bidder by banks or other financial institutions. The

Page SIB-6

City may also use the services of a national mercantile agency such as Dunn & Bradstreet, Inc, in checking financial responsibility. The Bidder agrees further that the City will incur no liability as a result of this procedure. A copy of the Confidential Questionnaire is available in the City of Rochester Purchasing Office, City Hall.

SIB 3. Inspections and Review of Contract Documents before Submitting Bid

Add the following at the end of Subsection 3 Inspections and Review of Contract Documents Before Submitting Bid:

The following Contract Documents shall be components of the Agreement between the City of Rochester and the Contractor:

A. Supplemental Information Available to Bidders:

There is no supplemental information available in conjunction with this project.

B. The City of Rochester Standard Construction Contract Documents, November 1, 1991, Edition:

1. Instructions on the Use of the Standard Construction Contract Documents (pages IN-1 thru

IN-3)

2. Instructions to Bidders (pages IB-1 thru IB-6)

3. Bonds and Insurance Forms (pages BI-1 thru BI-10)

4. Laws and Regulations (pages LR-1 thru LR-7)

5. General Terms and Conditions (pages GC-1 thru GC-55)

6. Specifications (pages S-1 thru S-266)

7. Details (No.R206-1 thru R917-3)

C. NYSDOT Standard Specifications (US Customary Units) in effect on the date of advertisement for bids – specifications as referenced.

D. Notice to Bidders (Advertisement)

E. The Contract Proposal Book:

1. Project Summary

2. Supplementary Instructions to Bidders (Page SIB-1 thru SIB-16)

3. Proposal (pages P-1 thru P-14)

4. Agreement, Bonds and Insurance Forms (pages A-1 thru A-11)

5. Supplementary Laws and Regulations (pages SLR-1 thru SLR-71)

6. Supplementary Terms and Conditions (pages STC-1 thru STC-10)

7. Special Notes (pages SN-1 thru SN-14)

8. Supplementary Specifications (pages SS-1 thru SS-86)

F. Additional Contract Documents:

1. Drawings (number 1 thru 62)

2. Addenda (as issued)

3. Field Change Drawings Issued after execution of the Agreement that may or may not be issued as a part of a Change Order

4. Any Change Orders Issued after execution of the Agreement

Page SIB-7

The City of Rochester Standard Construction Contract Documents, November 1, 1991, Edition is issued separately in a bound volume. Copies of this book can be purchased from the City of Rochester Purchasing Office, City Hall, for $25.00 or may be obtained from the City web site at https://www.cityofrochester.gov/departments/department-environmental-services-des/public-works-construction-documents.

Certain Supplementary Specifications may make reference to NYSDOT Standard Specifications (US Customary Units) in effect on the date of advertisement for bids. The NYSDOT standard specifications can be found on the NYS website at https://www.dot.ny.gov/main/business-center/engineering/specifications/updated-standard-specifications-us.

The Water Bureau maintains a list of pre-approved materials for use on all construction projects. It is recommended that the Bidder obtain a copy of this list before preparing and submitting a bid. Copies of this list may be obtained either by calling the Water Bureau, at (585) 428-7567, or on the City of Rochester’s website at http://www.cityofrochester.gov/waterdocuments.

Any conflicts or questions between these documents are to be identified by the Bidder at the pre-bid meeting, and in accordance with Subsection IB 4 Communications and Interpretations Given Prior to Opening of Bids of the Instructions to Bidders Section.

SIB 4. Communications and Interpretations Given Prior to Opening of Bids

Delete Subsection 4 Communications and Interpretations Given Prior to Opening of Bids in its entirety, and Replace with the following:

Any information relative to interpretation of the Contract Documents is to be submitted to the City Engineer’s office, or the City’s Project Manager responsible for the Project, and must be made in writing by formal letter, or e-mail. Do not make inquiries by phone or in person, inquiries made in this manner will not be addressed.

The City Engineer’s office, or the City’s Project Manager responsible for the Project, will determine if any inquiry will require either extensive or minor changes to the Contract Documents. Extensive changes will be addressed through an addendum, minor changes will be addressed through a BidNet Communication clarification statement.

Contract and Addenda documents will be posted on BidNet and published in the Daily Record and NYS Contract Reporter. Prospective Bidders who picked up printed copies of the Contract Documents from the City’s Purchasing Office will be mailed addenda documents no later than five (5) calendar days before the date set for opening of the Bid, not counting the date of the Bid opening. No addendum will be issued on inquiries received within ten (10) calendar days of the date set for the Bid opening, counting the date of the Bid opening.

Minor changes are those that can be clarified with a written statement describing the modification needed in the Contract Documents. The clarification statement will be posted in the BidNet Communication section of BidNet. Prospective Bidders will be notified by the Purchasing Office of the issuance of the clarification statement.

SIB 5. Requirements for Bid Deposit

Add the following after the first paragraph of Subsection 5 Requirements for Bid Deposit:

A Bid Deposit will not be required for bids less than $100,000 unless specified in the bid documents.

Page SIB-8

SIB 6. Subcontractors and Assignments

Add the following after the first paragraph of Subsection 6 Subcontractors and Assignments:

The Contractor shall perform with its own organization contract work amounting to not less than twenty percent (20%) of the original total contract bid price, except that any items designated by the City as “Specialty Items” may be performed by subcontract and the amount of any such “Specialty Items” so performed may be deducted from the original total contract bid price before computing the amount of work required to be performed by the Contractor with its own organization. The contract amount upon which the twenty percent (20%) requirement is computed includes the cost of materials and manufactured products which are to be purchased or produced by the Contractor under the contract provisions.

“Its own organization” shall be construed to include only workers employed and paid directly by the Contractor and equipment owned or rented by it, with or without operators. Employee leasing and other similar arrangements under which workers are employed by a service organization are not considered part of the Contractor’s “own organization”.

“Specialty Items” shall be construed to be limited to work that requires specialized knowledge, skill or equipment not ordinarily available in contracting organizations qualified to bid on the contract as a whole, and in general are to be limited to minor components of the overall contract.

SIB 7. Unit Price Contract

Add the following at the end of Subsection IB 7 Unit Price Contract:

Fixed Price Items. Some of the contract pay items may be designated as Fixed Price items, for which the unit prices are fixed and published in the Proposal. These contract pay items can be identified in the Proposal by the words, “FIXED PRICE” appearing beneath the description of the item, and preprinted entries in the “UNIT PRICE FIGURES”, “UNIT PRICE WRITTEN” and "ESTIMATED QUANTITY x UNIT PRICE" columns. The Bidder shall not alter these entries. Should the entries shown be altered, the altered figures will be disregarded and the preprinted entries will be used to determine the total amount bid for the Contract.

These Fixed Price Items have been prepared taking into account the cost of all labor, materials, and equipment necessary to complete the work, including an allowance for overhead and profit. Actual payments made under Fixed Price items will be in accordance with the provisions of the specification for that item.

Dollars Cents Items. Some of the contract pay items may be designated as Dollar Cents items, for which the unit prices are fixed at one dollar ($1.00). These contract pay items have preprinted entries in the "ESTIMATED QUANTITY”, “UNIT PRICE FIGURES”, “UNIT PRICE WRITTEN” and "ESTIMATED QUANTITY x UNIT PRICE" columns. The bidder shall not change these entries.

Should the entries shown be altered, the altered figures will be disregarded and the preprinted entries will be used to determine the total amount bid for the contract.

Dollar Cents items generally indicate an estimate of payments, with actual payments to be based on actual costs. Actual payments made under Dollar Cents items will be based on the provisions of the specification for that item.

Page SIB-9

SIB 9. Requirements for Preparation and Submission of Bids

Add the following after the first paragraph of Subsection 9 Requirements for Preparation and Submission of Bids:

The Bidder shall note that the Proposal contains both a Base Bid and Bid Alternate(s) 1 and 2 which may contain multiple bid items with the same item number. The Bidder is to use the same unit bid price for those duplicated bid items in both the Base Bid and in the Bid Alternate(s). If a different unit bid price has been used for any of the duplicated bid items, the City reserves the authority to modify the unit price bid for the duplicated bid item(s) in the Bid Alternate(s) by applying the unit price bid from the appropriate bid item(s) in the Base Bid.

Delete the fourth paragraph of Subsection 9 Requirements for Preparation and Submission of Bids in its entirety, and Replace with the following:

Bid proposals for this bid Project must be submitted in a marked sealed envelope, with the name and address of the Bidder, the Project name and number, and the opening date and time marked on the face of the envelope. The sealed envelope is to include a signed original hard copy of the complete Proposal, required bid bond, addenda, any support documentation required, and all other required forms as listed on the Bid Proposal Submissions Checklist. Bid proposals must be delivered to and received by the Director of Purchasing at the Bureau of Purchasing, Room 105-A, City Hall, Rochester, New York 14614 by the closing date and time specified in the Invitation to Bid, or as established by any addenda.

Electronic bids submitted through BidNet or any other form of bid other than a hard copy of the City provided forms, will not be accepted.

Add the following after the fifth paragraph of Subsection 9 Requirements for Preparation and Submission of Bids:

Submit with the Proposal, copies of the appropriate apprenticeship agreements for the Bidder, Bidder’s Form AT-10 or if not self-sponsoring the apprenticeship program, Form AP3 and the associated Form AT-10, Form AP1 and appropriate Subcontractor apprenticeship agreements as required by the Rules and Regulations for the “Apprenticeship Training Program for Construction Projects”, if:

1. This contract involves work described in the Rules and Regulations for the “Apprenticeship Training Program for Construction Projects”; and

2. The amount of the contract to be awarded is in excess of $250,000. If any add/deduct alternates alone or in combination with the base bid could result in a contract amount award that exceeds $250,000, regardless of the base bid amount, submit the apprenticeship documentation.

A Contractor who submits a bid for such a City contract shall include with its bid package the following complete apprenticeship documents which meet the requirements of these Rules and Regulations:

1. Bidder’s Form AT-10 or, if not self-sponsoring the apprenticeship program, Form AP3 and the associated Form AT-10.

2. Bidder’s Form AP1.

Submit with the Proposal the complete Subcontractor apprenticeship documents:

Page SIB-10

1. Subcontractor’s Form AT-10 or, if not self-sponsoring the apprenticeship program, Form AP3 and the associated Form AT-10.

If no such subcontracts are proposed which exceed $100,000 in value, submit the completed City Form AP1 with the word “NONE” inserted under “Subcontract Scope of Work or Work Items” column for Subcontractors.

An incomplete bid package that is missing the required forms will be declared informal and will not be considered for award.

No required apprenticeship material will be accepted after Bids have been opened.

The apprenticeship agreement requirement also applies to subcontracts proposed following contract award; see the Rules and Regulations for the “Apprenticeship Training Program for Construction Projects” for details.

The Rules and Regulations for the “Apprenticeship Training Program for Construction Projects” are included in the Supplementary Laws and Regulations section. An Excel spreadsheet version of City Form AP1 is available on the City’s website at http://www.cityofrochester.gov/mwbe.

Submit with the Proposal, EFC Disadvantaged Business Enterprise (DBE) Utilization Plan.

Check the box to verify acceptance of the Workforce Goals on Page P-5A.

Add the following after the seventh paragraph of Subsection 9 Requirements for Preparation and Submission of Bids:

No Bidder will be allowed to set a bid price in an increment of less than one hundredth of a dollar ($0.01).

Bidders must assign a bid price to the nearest penny. Submission of a bid price in an increment of less than one hundredth of a dollar ($0.01) will result in that increment being dropped from the bid price and the total cost for that bid price recalculated, and the subtotal and total base bids adjusted accordingly. Figures will not be rounded up or down. For example, a bid price submission of $1.759 will be considered a bid price of $1.75.

SIB 11. Owner’s Discretion to Accept, Reject, or Waive Bid

Add the following under paragraph 3 of Subsection 11 Owner’s Discretion to Accept, Reject, or Waive Bid:

J. Failure to submit Apprenticeship Agreements in accordance with the Rules and Regulations for the “Apprenticeship Training Program for Construction Projects”, per Subsection SLR 17 Apprenticeship Training Program for Construction Contracts of the Supplementary Laws and Regulations.

K. Failure to submit MWBE Form P pages 1 and 2, and page 3 if required.

L. Failure to check the box on Page P-5A to verify acceptance of the Workforce Goals.

SIB 12. Basis of Award

Delete Subsection 12 Basis of Award in its entirety, and Replace with the following:

A. General

Page SIB-11

The contract will be awarded to the lowest responsible Bidder complying with all of the provisions of the Instructions to Bidders and the Supplementary Instructions to Bidders.

The City is utilizing the alternate bid process to enhance the basic project scope, while staying within budgetary limits. In general, the alternate bid process allows for Bidders to bid first on the elements of the basic project scope, and then on alternate work that is outside of, or work that is to be deducted from, the basic project scope. Bids on the basic project scope of the contract and the alternate bid(s) will be submitted on the same bid proposal.

The Bidder shall note that the Proposal contains both a Base Bid and Bid Alternate(s) 1 and 2. The Contract will be awarded to the lowest responsible Bidder in the order of priority as listed below.

PRIORITY 1 – If any of the Bids for the Total Base Bid plus Add Alternates 1 and 2 come in under the budgetary limits, the award will be made based on the Total Base Bid plus Add Alternates 1 and 2;

however,

• PRIORITY 2 – If all of the Bids for the Total Base Bid plus Add Alternates 1 and 2 exceed the budgetary limits, the award will be made based on the Total Base Bid plus Add Alternate 1;

• PRIORITY 3 – If all of the Bids for the Total Base Bid plus Add Alternates 1 and 2 exceed the budgetary limits, the award will be made based on the Total Base Bid plus Add Alternate 2;

• PRIORITY 4 – If all of the Bids for the Total Base Bid Plus Add Alternate 1 and 2 exceed the budgetary limits, the award will be made based solely on the Total Base Bid.

The City may conduct such investigations as it may deem necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of the Bidders, in accordance with the Contract Documents to the City’s satisfaction within the prescribed time.

B. Apprenticeship and Subcontractor Data, DBE Utilization Form, Certification of Workforce

Goals

The City of Rochester requires any Contractor, prior to entering into a construction contract with the City of Rochester, to have a DBE Utilization Plan submitted to and approved by the City and Environmental Facilities Corporation.

The City of Rochester requires any Contractor, prior to entering into a construction contract with the City of Rochester, to have apprenticeship agreements, appropriate for the type and scope of work to be performed, which have been registered with and approved by the New York State Commissioner of Labor in accordance with Article 23 of the New York State Labor Law. The Bidder must submit complete and appropriate apprenticeship documentation with the Bid proposal.

For purposes of this article, Contractor shall mean an entity which directly employs labor under a construction contract. A construction contract shall mean a City of Rochester public works contract for an amount in excess of $250,000 for construction, reconstruction, or improvement of any building, facility or physical structure of any kind, or any subcontract thereto which exceeds $100,000 in value.

The Rules and Regulations for the “Apprenticeship Utilization Requirement” are included under Subsection SLR 17 Apprenticeship Training Program for Construction Contracts of the Supplementary Laws and Regulations.

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The City of Rochester requires any Contractor, prior to entering into a construction contract with the City of Rochester, to verify their intent to meet the Workforce Goals as required by SLR 20 by checking the box in the Bid Proposal Submission Checklist form provided in the Proposal Section.

Add the following new subsections after Subsection 13 Notice of Award:

SIB 14. Execution of the Agreement

The successful Bidder shall be required to execute an agreement upon award of the contract. This agreement provides specific information and highlights contract requirements in the General Terms and Conditions of the City of Rochester Standard Construction Contract Documents, November 1, 1991, Edition. The following articles are included in this agreement:

• Article 1. Scope of Work

• Article 2. City Engineer, Design Professional, Project Manager (responsibilities of in accordance with Article 9)

• Article 3. Contract Time

• Article 4. Liquidated Damages (in accordance with Article 10.4)

• Article 5. Contract Price

• Article 6. Payment Procedures (in accordance with Article 13)

• Article 7. Final Payment (in accordance with Article 14)

• Article 8. Availability of Funds (in accordance with Article 15)

• Article 9. Contractor’s Representations (in accordance with Article 9)

• Article 10. Accounting Records (the Contractor shall maintain accounting records in accordance with Article 6.10)

• Article 11. Contract Documents (the Contract Documents that comprise the Agreement shall be the same as those stated under SIB 3.D and SIB 3.E with addenda as issued)

• Article 12. Miscellaneous (terms used in this agreement shall have the meaning as defined in Article 1.1)

A Performance Bond and Payment Bond shall be submitted in accordance with Article 4 Bonds and Insurance of the General Terms and Conditions, and as revised under the Supplementary Terms and Conditions section. Samples of the City forms are available in the City of Rochester Standard Construction Contract Documents, November 1, 1991, Edition. Performance and Payment bonds will not be required for contracts less than $100,000 unless specified in the bid documents.

A Certificate of Insurance shall be submitted in accordance with Article 4 Bonds and Insurance of the General Terms and Conditions, and as revised under the Supplementary Terms and Conditions section.

A sample of the Certificate of Insurance Form is in the City of Rochester Standard Construction Contract Documents, November 1, 1991, Edition.

The approved DBE Utilization Plan, Workforce Staffing Plan and Apprenticeship agreements submitted and accepted by the City shall be incorporated into this agreement, along with any amendments to the DBE Utilization Plan, Workforce Staffing Plan and Apprenticeship agreements approved during the period of this agreement.

SIB 15. Incentive Program for Public Works Contracts

The City of Rochester provides an Incentive Program for hiring qualified City residents for public works contracts for which the final contract price is for an amount of $50,000 or more. The Contractor may apply for a monetary incentive payment of twenty percent (20%) of the gross payroll paid to qualified City residents, provided that that ten percent (10%) or more of the gross payroll for the Project was paid to qualified City residents. Qualified City residents are those who live in certain ZIP codes. Prime

Page SIB-13

Contractors and first tier Subcontractors may apply for the incentive payments. The Incentive Program is described in detail under Subsection SLR 18 Incentive Program for Public Works Contracts of the Supplementary Laws and Regulations.

SIB 16. Iran Divestment Act

The Iran Divestment Act of 2012 was signed into law on January 13, 2012 and is codified at State Finance Law (SFL) Section 165-a, and General Municipal Law (GML) Section 103-G. On July 17, 2012, Chapter 106 of the laws of 2012 was signed into law, extending the Iran Divestment Act to State and local public authorities.

The Iran Divestment Act, with certain exceptions, prohibits the City from entering into contracts with persons or entities engaged in investment activities in the energy sector of Iran. To implement the law, each Bidder is required to certify at the time it submits its bid that it is not on the list of entities engaged in investment activities in Iran (Prohibited Entities List). The list of entities determined to be non-responsive Bidders is maintained by the Commissioner of the NYS Office of General Services pursuant to State Finance Law. If a Bidder is on the Prohibited Entities List, the City will be able to award the contract to that Bidder only in situations where the Bidder is taking steps to cease its investments in Iran or where the Bidder is a necessary sole source.

SIB 17. NYS Freedom of Information Law (FOIL)

Bids and all materials submitted with the bid shall become the property of the City and shall be subject to the NYS Freedom of Information Law. If any proprietary information is submitted with the bid, it must be clearly identified and a request to keep such information confidential and the justification for doing so must be submitted with the bid. The City reserves the right to determine whether or not to honor that request in whole or in part based upon requirements of the law.

SIB 19. NYS Public Work Contractor and Subcontractor Registry

Add the following under paragraph 13 of Subsection 9. Requirements for Preparation and Submission of Bids

New York State Labor Law Section 220-i applies to work performed under this contract. All contractors and subcontractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State Department of Labor (NYSDOL). The City strongly encourages all contractors and subcontractors to register as soon as possible to obtain a Certificate of Registration to avoid negatively impacting a bidding period or project schedule.

Documentation of registration with the New York State Public Work Contractor and Subcontractor Registry (https://dol.ny.gov/contractor-and-subcontractor-landing) is required with any sealed bid in order for it to be read. Bidders should refer to Appendix R – Sample NYSDOL Contractor Registration Certificate.

Bidder understands that the City shall confirm the validity of the contractor and subcontractor registration with NYSDOL.

Bidder understands that each contractor and subcontractor must be registered with NYSDOL prior to contract award.

Page SIB-14

The City reserves the right to consult with NYSDOL to consider other forms of documentation as proof of contractor and subcontractor registration.

The City reserves the right not to award a contract without the required documentation specified herein.

Page SIB-15

Page SIB-16

PROPOSAL

NYS ENVIRONMENTAL FACILITIES CORPORATION

GROUP 5B LEAD SERVICE

LINE REPLACEMENT

PROJECT

Project No. 26W205

DWSRF #19618

Issued: July 2026

THIS CONTRACT CONTAINS BID ALTERNATE(S) AND WILL BE AWARDED TO THE LOWEST

RESPONSIBLE BIDDER IN THE ORDER OF PRIORITY AS LISTED UNDER SUBSECTION SIB 12

BASIS OF AWARD

SUBMIT WITH THE BID PROPOSAL COPIES OF:

DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS; AND

APPRENTICESHIP AGREEMENTS AND SUBCONTRACTOR DATA REQUIRED BY RULES; AND

REGULATIONS FOR THE “APPRENTICESHIP TRAINING PROGRAM FOR CONSTRUCTION

PROJECTS”; AND

NO REQUIRED APPRENTICESHIP MATERIAL WILL BE ACCEPTED AFTER BIDS HAVE BEEN

OPENED

September 2026

Page P-1

PROPOSAL TO

THE CITY OF ROCHESTER

CITY HALL, 30 CHURCH STREET

ROCHESTER, NEW YORK 14614

For Construction of: Group 5B Lead Service Line Replacement Project

Project Number: 26W205 / DWSRF #19618

To the Director of Purchasing of the City of Rochester:

The Bidder affirms and declares:

1. The Bidder is the only one interested in this bid; and no person, firm, or corporation other than herein named has any interest in this bid, or in the Agreement proposed to be taken.

2. This bid is made without any connection with any other person, firm or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud.

3. No officer or employee or person whose salary is payable in whole or in part from the City of

Rochester’s treasury is directly or indirectly interested in this bid, or in the supplies, materials, equipment, work or labor to which it relates, or in any of the profits thereof.

4. The Bidder is not in arrears to the City of Rochester, New York, or any other public agency upon any debt or contract, and is not defaulter, as Surety or otherwise, upon any obligation to the City of

Rochester, New York, or any other public agency.

5. The Bidder has visited and examined the site of the work and has carefully examined the Contract

Documents and is satisfied as to all the quantities and conditions and understands that in signing this

Proposal the Bidder waives all rights to pleading any misunderstanding regarding the same.

6. The Bidder will provide, furnish and deliver all work, materials, supplies, tools, equipment, transportation necessary or required for this Project, all in strict conformity with the Contract Documents and in accordance with the prices entered by the Bidder on the attached Proposal form.

7. In a unit price Agreement, the Bidder will accept the unit bid prices in compensation for any additions or deductions caused by variations in quantities due to more accurate measurement or by any change or alterations in the Contract Documents.

8. The Bidder is aware that all interpretations of the Contract Documents are made by means of written addenda. Any objection arising out of an addendum subsequent to the opening of bids will not be considered. Failure of any Bidder to receive any addenda or to attend the reading of the bids will not relieve such Bidder from any obligation under the bid as submitted, including such addenda.

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9. The Bidder will execute the Agreement and furnish the necessary bonds and insurance certificates within ten (10) days after written notice of the award of the contract, or forfeit the bid deposit in partial satisfaction of damages.

10. The Bidder will complete the work within the number of calendar days or by the date specified in the Supplementary Instructions to Bidders.

11. The Bidder will comply with all local, state or federal laws, ordinances, rules or regulations controlling or limiting in any way its actions during the submission of bids and performance of the work including the following:

CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

A. 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) Section 165-a and New York General Municipal Law Section 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 Section 165-a (3) (b) is found on the

OGS web site at http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf.

B. 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.”

C. 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.

D. 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 the person or entity 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.

E. 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.

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NON-COLLUSIVE BIDDING CERTIFICATION

A. Every bid herein made to the City of Rochester, or official thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed, or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the Bidder and affirmed by such Bidder as true under the penalties or perjury: Non-collusive Bidding Certification.

(1) By submission of this bid, each Bidder and each person signing on behalf of the 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 their knowledge and belief:

(i) The prices…