Millings surplus.pdf

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City of Batavia | BID #2026-09

CITY OF BATAVIA, NEW YORK

DEPARTMENT OF PUBLIC WORKS

REQUEST FOR SEALED BIDS

SALE AND REMOVAL OF SURPLUS ASPHALT MILLINGS

BID #2026-09

Issue Date: October 26, 2026

Bids Due: November 10, 2026, before 3:00 p.m. local time

Submit to: City Clerk, One Batavia City Centre, Batavia, NY 14020

1. NOTICE TO BIDDERS

The City of Batavia invites sealed bids for the purchase and removal of approximately 6,000 tons of surplus asphalt millings at two City locations. Sealed bids will be received by the City of Batavia at the office of the Clerk, located at One Batavia City Centre, Batavia, NY 14020, until 3:00 pm, on November 10, 2026 at which time and place all bids will be publicly opened and read aloud.

The City intends to award the sale to the highest responsible bidder, subject to its right to reject any or all bids and waive nonmaterial informalities to the extent permitted by law.

Mark the outside of the sealed envelope: “SEALED BID – SURPLUS ASPHALT MILLINGS – BID #2026-09.” Bids shall be submitted on the attached bid form.

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2. MATERIAL AND LOCATIONS

The sale includes all surplus asphalt millings in the designated stockpiles at:

Site 1 – Department of Public Works Yard, 147 Walnut Street, Batavia, NY 14020.

Approximate stockpile dimensions: 85 ft × 55 ft × 18 ft.

Site 2 – City Storage Yard, 5 Treadeasy Avenue, Batavia, NY 14020. Approximate stockpile dimensions: 140 ft × 120 ft × 12 ft.

The stockpiles are approximately one mile apart. The combined quantity of approximately 6,000 tons is an estimate only, based on stockpile measurements.

Dimensions are approximate and do not establish a guaranteed volume, weight, or material composition. The purchaser shall buy both stockpiles in their entirety for one lump-sum price.

3. INSPECTION; AS IS, WHERE IS

Bidders are encouraged to arrange inspection before bidding. Material is sold AS IS, WHERE IS, with no express or implied warranty regarding quantity, condition, gradation, quality, suitability, or fitness for any use. Each bidder is responsible for its own examination and assessment, including access, hauling and handling costs. No adjustment to the accepted lump-sum price will be made based on actual quantity or condition.

4. BID AND AWARD CONDITIONS

Submit one signed lump-sum bid in United States dollars for the entire offering.

Conditional or partial bids may be rejected. The City may verify bidder responsibility, equipment, experience, insurance and ability to perform. No bidder may begin removal before written authorization, full payment and approval of required insurance documents.

The City reserves the right to reject any or all bids, waive nonmaterial irregularities and act in the City’s best interests consistent with applicable law.

5. PAYMENT

The successful bidder must pay the full purchase price within ten (10) calendar days after written notice of award, unless the City approves otherwise in writing. Payment shall be made by a method acceptable to the City. Title and permission to remove material shall pass only upon receipt of cleared funds and written authorization by the City. Failure to pay timely may result in cancellation of the award. If the purchaser fails to diligently prosecute removal operations or fails to complete removal within the required timeframe, the City may terminate the purchaser's rights, retain any monies paid, and complete or cause completion of site restoration at the purchaser's expense. The City may assess damages of $50.00 per calendar day beyond the approved completion date.

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6. REMOVAL AND SCHEDULE

The successful bidder shall complete loading, hauling and removal of all purchased material within sixty (60) calendar days after award, unless the City approves an extension in writing. The bidder shall supply all labor, supervision, equipment, fuel, loading, trucking, traffic controls and other resources at its sole cost. The City will not furnish equipment, labor or transportation. Work schedules, access routes and staging shall be coordinated in advance with the Director of Public Works or designee. The contractor shall avoid interference with City operations and maintain safe access.

The purchaser is responsible for complying with applicable federal, state and local requirements, including transportation, vehicle weight, environmental and worker-safety rules. No material outside the designated stockpiles may be removed. Any damage caused by the purchaser or its subcontractors shall be repaired at the purchaser’s expense.

7. SITE RESTORATION AND ACCEPTANCE

At the completion of removal, the purchaser shall remove debris generated by its operations, repair rutting and damage to pavement, surfaces and grounds, and grade disturbed areas to match surrounding contours. Both sites must be left clean, stable and safe. Final acceptance is subject to inspection by the Director of Public Works or designee. Failure to perform may result in the City pursuing available contractual or legal remedies.

8. INSURANCE

Before beginning hauling operations, the successful bidder shall furnish evidence of insurance acceptable to the City and maintain coverage during performance:

Commercial General Liability: $1,000,000 per occurrence and $2,000,000 general aggregate.

Automobile Liability: $1,000,000 combined single limit.

Workers’ Compensation: New York State statutory coverage, with appropriate NYS proof or lawful exemption.

Employers’ Liability: $1,000,000.

9. INDEMNIFICATION

To the fullest extent permitted by law, the successful bidder shall defend, indemnify and hold harmless the City of Batavia and its officers, employees and agents against claims, losses, damages and reasonable expenses arising from the bidder’s or its subcontractors’ negligent acts, omissions or performance in connection with loading, removal, transportation and site restoration, except to the extent caused by the City’s own negligence or willful misconduct.

Purchaser assumes all responsibility for transportation, beneficial use, recycling, storage, disposal, and regulatory compliance after removal from the property. The City makes no

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10. QUESTIONS AND CONTACT

Scott Allen, Superintendent of Maintenance | City of Batavia | 147 Walnut Ave, Batavia, NY 14020 | Telephone: 585-345-6325. Prospective bidders should contact the

Department of Public Works to arrange site access. Any material clarification or change to the bid documents should be issued in writing to all known bidders.

BID PROPOSAL FORM — BID #2026-09

To: City of Batavia, New York

The undersigned offers to purchase and remove all designated surplus asphalt millings from both locations in accordance with the Request for Sealed Bids and specifications.

The undersigned certifies that he/she is duly authorized to execute this bid on behalf of the bidder.

Legal business name: ____________________________________________________

Street address: __________________________________________________________

City / State / ZIP: ________________________________________________________

Contact person / title: ____________________________________________________

Telephone: __________________________ Email:

TOTAL LUMP-SUM BID (BOTH SITES):

Amount in words: ________________________________________________________

Authorized signature: _____________________________ Date: _________________

Printed name and title: ___________________________________________________

By signing, the bidder acknowledges the estimated quantity is not guaranteed; the material is sold AS IS, WHERE IS; and the bidder has reviewed the bid requirements and had an opportunity to inspect both locations.

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NON-COLLUSIVE BIDDING CERTIFICATION — GML § 103-d By submission of this bid, the bidder and each person signing on behalf of the bidder certifies, under penalty of perjury, that to the best of their knowledge and belief: (1) the bid price was arrived at independently without collusion, consultation, communication or agreement with any other bidder or competitor for the purpose of restricting competition;

(2) unless otherwise required by law, the bid price has not been knowingly disclosed and will not be knowingly disclosed before opening to another bidder or competitor; and (3) no attempt has been made or will be made to induce another person or entity to submit or refrain from submitting a bid for the purpose of restricting competition.

Business name: __________________________ Authorized signature:

Printed name / title: _________________________________________ Date:

IRAN DIVESTMENT ACT CERTIFICATION

By submitting this bid, the bidder certifies that it is not identified on the New York State prohibited entities list established under State Finance Law § 165-a and will not use a listed subcontractor in performance of this contract. The bidder acknowledges that the City may undertake a responsibility review and exercise remedies available under applicable law if this certification is inaccurate or becomes inaccurate.

Business name: __________________________ Authorized signature:

Printed name / title: _________________________________________ Date:

NOTE FOR CITY REVIEW: Confirm the bid-opening arrangements, telephone number, insurance language, statutory certifications, and any required municipal approval before publication.