Schenectady City Hall Clock Tower Rest Specifications.pdf

CITY OF SCHENECTADY

REQUEST FOR BIDS

SCHENECTADY CITY HALL CLOCK TOWER

RESTORATION

REFERENCE NUMBER

RFB 2024-18-ENG

CITY OF SCHENECTADY PURCHASING DEPARTMENT

Sara Hughes

Purchasing Supervisor City Hall

105 Jay Street- Room 102 Schenectady NY, 12305 Phone: (518) 382-5274

Website: www.cityofschenectady.com

Bid Due Date

July 31, 2024

THIS PAGE INTENTIONALLY LEFT BLANK

Table of Contents

NON-BIDDER/PROPOSER RESPONSE

NOTICE TO BIDDERS:

BID DISTRIBUTION

SECTION 1: BID IDENTIFICATION

SECTION 2: PURPOSE

SECTION 3: BIDDING DOCUMENTS

SECTION 4: SUBMISSION OF BIDS

SECTION 5: TERM OF BID

SECTION 6: BID SECURITY

SECTION 7: QUALIFICATION OF BIDDER

SECTION 8: TRADE UNION WORK

SECTION 9: LIQUIDATED DAMAGES

SECTION 10: DISQUALIFICATION

SECTION 11: PREVAILING WAGE

SECTION 12: NON-COLLUSIVE BIDDING CERTIFICATE

SECTION 13: BID FORM

SECTION 14: EQUIVALENT GOODS

SECTION 15: SPECIFICATION CLARIFICATION

SECTION 16: BID EVALUATION

SECTION 17: MODIFICATION AND WITHDRAWAL OF BIDS

SECTION 18: AWARD OF BID

SECTION 19: PERFORMANCE

SECTION 20: INSURANCE REQUIREMENTS

SECTION 21: INDEMNIFICATION

SECTION 22: REMEDY FOR BREACH

SECTION 23: DELIVERY AND PAYMENT

SECTION 24: APPRENTICESHIP TRAINING PROGRAMS

SECTION 25: OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

CONSTRUCTION SAFETY AND HEALTH COURSE

SECTION 26: SAMPLES AND SHOP DRAWINGS

SECTION 27: CONTRACTOR'S INVESTIGATION

SECTION 28: CLAIMS AGAINST CITY

SECTION 29: LAWS AND ORDINANCES

SECTION 30: TRAFFIC

SECTION 31: BLASTING AND EXPLOSIVES

SECTION 32: PROTECTION OF EXISTING STRUCTURES

SECTION 33: CITY WATER

SECTION 34: WORK SITE CLEAN UP

SECTION 35: NO ESTOPPEL

SECTION 36: SITE CONTROL

SECTION 37: AFFIRMATIVE ACTION AND ANTIDISCRIMINATION

SECTION 38: THIS SECTION LEFT INTENTIONALLY BLANK

SECTION 39: ANTI DISCRIMINATION CLAUSE

SECTION 40: SUBCONTRACTORS

SECTION 41: INTERPRETATION

SECTION 42: NON-APPROPRIATIONS CLAUSE

SECTION 43: IRANIAN ENERGY SECTOR DIVESTMENT

SECTION 44: SEXUAL HARRASSMENT POLICY

BIDDING SUBMISSION CHECKLIST

BIDDING SHEET PROPOSAL FOR: SCHENECTADY CITY HALL CLOCK TOWER

RESTORATION

NON-BIDDER/PROPOSER RESPONSE

The City of Schenectady Purchasing Department is interested in reasons why bidders/proposers fail to submit bids/proposals. Please indicate your reason(s) by checking all appropriate item(s) below and returning this form to the address on Page 1.

Could Not Meet Scope of Services

Items or materials requested not manufactured by us or not available to our company.

Insurance Requirements too restricting.

Bond Requirements too restricting.

Scope of Services not clearly understood or applicable (too vague, too rigid, etc.)

Project not suited to firm.

Quantities too Small.

Insufficient time allowed for preparation or bid proposal.

Other Reasons, Please state and define:

Vendor Name: ________________________________________________________________

Contact Person: ________________________________________________________________

Vendor Address: _______________________________________________________________

Vendor Telephone: ______________________________________________________________

THIS PAGE INTENTIONALLY LEFT BLANK

City of Schenectady – Bid for “Schenectady City Hall Clock Tower Restoration"

NOTICE TO BIDDERS:

Sealed proposals will be received by the Committee on Bids of the City of Schenectady, New York until 10:30 A.M. Eastern Daylight-Saving Time on Wednesday, the 31st day of July 2024, addressed to the Office of the City Clerk, Room #107, City Hall, Jay

It is the bidder’s responsibility to ensure that the bid is received by the above stated date and time.

A bid which is not received prior to the deadline will not be considered. Any late bids will be returned to the bidder unopened.

Any bid submitted must be in a sealed envelope clearly endorsed on the outside with a description of the work for which the bid is being submitted. This project shall be referenced as:

“Schenectady City Hall Clock Tower Restoration" in accordance with the specifications on file in the Purchasing Department.

The Purchasing Supervisor will publicly open all bids on the same day at 11:00 A.M., E.D.S.T. in Room #110, City Hall using a web service to publicly read the bids that were submitted. A bid which is not date stamped prior to the deadline will not be considered. If City Hall is closed due to unforeseen circumstances that day, the bids will be opened at 11:00 A.M. on the next regular business day City Hall is open.

Each bid must be submitted on Bidding Sheets that may be obtained either from the City or through the Empire State Bid System (www.EmpireStateBidSystem.com). The specifications and bidding sheets may be examined in the office of the Purchasing Division, Room #102, City Hall, Jay Street, Schenectady, N.Y., 12305. The specifications may also be obtained through the Empire State Bid System website referenced above at no charge.

**There will be a recommended on-site, pre-bid walk-through to be held at 9 A.M. on Friday, July 19, 2024, at the Schenectady City Hall, 105 Jay Street to meet in the Dept. of

Engineering in Room 205**

WOMEN, MINORITY AND SERVICE-DISABLED VETERAN OWNED BUSINESSES

ARE ENCOURAGED TO SUBMIT PROPOSALS. Schenectady is an Equal Opportunity Employment/Affirmative Action employer.

The right is reserved to reject any and all proposals or any part thereof.

CITY COUNCIL

BY: SAMANTA R. MYKOO

CITY CLERK

City of Schenectady

REQUEST FOR BIDS

GENERAL INSTRUCTIONS TO BIDDERS

BID DISTRIBUTION

IMPORTANT NOTICE

The City of Schenectady officially distributes bidding documents through the Purchasing Division Office or through the Empire State Bid System website at www.bidnetdirect.com//city-of-schenectady. Copies of bidding documents obtained from any other source are not considered official documents and will not be accepted.

Only those vendors who obtain bidding documents from either the Purchasing Division Office or the Empire State Bid System are guaranteed to receive addendum information if such information is issued.

SECTION 1: BID IDENTIFICATION

1.1 Title: Schenectady City Hall Clock Tower Restoration

1.2 Requesting Department: Engineering Department

1.3 Bid Number: 2024-18-ENG

SECTION 2: PURPOSE

2.1 The intent of these specifications is to furnish information to responsible bidders for the purpose of obtaining bids for the restoration of existing historic clock tower, to include removal and replacement of wooden portions, clock components, and gold leafing as requested by the Department of Engineering

2.2 Minority Business Enterprises (MBE’s), Women Business Enterprises (WBE’s) and

Service-Disabled Veteran Owned Business’ (SDVOB’s) are encouraged to apply.

SECTION 3: BIDDING DOCUMENTS

3.1 Complete sets of the Bidding Documents may be obtained or examined as stated in the Notice to Bidders.

3.2 Complete sets of Bidding Documents must be used in preparing bids. The City does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

SECTION 4: SUBMISSION OF BIDS

4.1 Bids and any other required documents must be either be physically submitted, sealed in an opaque envelope, plainly marked with the name and/or number of the bid and the name and address of the bidder and accompanied by the required documents. Bids must be received no later than 10:30 A.M. on Wednesday, July 31st, 2024, at the following address:

Office of the City Clerk Schenectady City Hall, Room 107 105 Jay Street Schenectady, NY 12305

4.2 All bids received after the time stated in the “Notice to Bidders," or the bid submission deadline as modified by formal addendum consistent with Section 14 of this Request for Bids, will not be considered and will be returned to the bidder, unopened. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the City of Schenectady. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified.

4.3 The City of Schenectady reserves the right to reject any or all bids in whole or in part, to waive any and all informalities, and to disregard all non-conforming, non-responsive or conditional bids.

4.4 There will be a site visit on Friday, July 19th at 9 a.m. that will meet in the

Engineering Department, Room 205 of City Hall, 105 Jay Street, Schenectady.

This will be the only scheduled site visit. Interested bidders are strongly urged to attend.

SECTION 5: TERM OF BID

5.1 The bid shall be in effect from the date of contract execution until completion of all work under the contract. Prices shall remain firm for the entire bid period.

SECTION 6: BID SECURITY

6.1 Each bid must be accompanied by a bid bond or certified check in the amount of five percent (5%) of the total bid amount, drawn upon a national or state bank or trust company, to the order of the Commissioner of Finance, City of Schenectady. If a bid is awarded, the successful Bidder will enter into a contract for the same and will execute such further security as may be required for the performance of the contract. BID SECURITY SHALL

BE INCLUDED WITH BID AT TIME OF BID OPENING; FAILURE TO DO SO MAY

CAUSE REJECTION OF THE BID AS MATERIALLY INCOMPLETE.

6.2 Every Bid Bond must contain the following elements:

a) A bid bond must be payable to the City of Schenectady and must state the subject of the bid.

b) It must state a percentage of the amount bid (no less than 5%) or the actual bid amount.

c) A bid bond must be signed by the Surety, with the signature witnessed and accompanied by a corporate seal.

d) A bid bond must be signed by the Corporation, Principal or authorized agent, with the signature witnessed and accompanied by a corporate seal.

e) A bid bond must contain a notarized Surety acknowledgement.

f) A bid bond must contain a notarized Corporate or Principal acknowledgement.

g) A Surety asset statement

h) A Surety power of attorney

6.3 The Bid Security of the successful Bidder will be retained until such Bidder has executed the contract and furnished the required Contract Security, whereupon it will be returned.

If the successful Bidder fails to execute and deliver the contract and furnish the required Contract Security within fifteen (15) days of the Notice of Award, the City may annul the Notice of Award and the Bid Security of that Bidder will be forfeited.

6.3 Bid security of other bidders will be returned within seven (7) days after the award of contract to the successful Bidder.

SECTION 7: QUALIFICATION OF BIDDER

7.1 All bidders shall submit the Statement of Vendor Qualifications as part of the bid. Each bid must contain evidence of the bidder’s qualification to do business in New York State or covenant to obtain such qualification prior to award.

7.2 All bidders shall submit the Statement of Vendor Qualifications (Attachment) as part of the bid.

7.3 In addition, the City of Schenectady may make such investigations it deems necessary to determine the ability of the Bidder to perform the work. The bidder shall furnish to the City, within five (5) days of a request, all such information and data for this purpose as may be requested. The City reserves the right to reject any bid if the information submitted by, or investigation of, a bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted.

7.4 Bidder must include at least five customer references for similar historic restoration projects.

SECTION 8: TRADE UNION WORK

The current agreement between the City and the local trade unions requires that any work contracted out which is normally performed by employees of the bargaining unit such subcontractor must be party to a Collective Bargaining Agreement with the Union. This includes the following trade unions:

- The International Brotherhood of Painters and Allied Trades

- National Union of Bricklayers and Allied Craftsmen

- United Association of Journeymen and Apprentices of the Plumbing and Pipefitting

Industry

SECTION 9: LIQUIDATED DAMAGES

9.1 Time is of the essence with this Agreement. The City of Schenectady will suffer financial loss if the work is not completed within the times specified, plus any extensions thereof.

Delays, expense and difficulties will be involved in proving the actual loss suffered by the City of Schenectady if the work is not completed on time. Accordingly, instead of requiring such proof, the City of Schenectady and the successful Bidder will agree that as liquidated damages for delay (but not as a penalty) the successful Bidder shall pay the City of Schenectady five hundred dollars ($500.00) for each day that expires after the time specified for Substantial Completion until the work is substantially complete. After Substantial Completion, if the successful Bidder shall neglect, refuse, or fail to complete the remaining work within the time specified for completion and readiness for final payment or any proper extension thereof granted by the City of Schenectady, the successful Bidder shall pay the City of Schenectady five hundred dollars ($500.00) for each day that expires after the time specified for completion and readiness for final payment.

9.2 Substantial completion for this project will be November 15, 2024.

SECTION 10: DISQUALIFICATION

10.1 The City reserves the right to refuse to issue Bidding Documents to a prospective bidder should such bidder be in default for any of the following reasons:

(a) Failure to comply with any pre-qualification regulations of the City, if such regulations are cited, or otherwise included, in the Bidding Documents as a requirement for bidding.

(b) Bidder’s failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the Owner) at the time the City issues the Bidding Documents to a prospective bidder.

(c) Bidder’s default under previous contracts with the City.

(d) Bidder’s unsatisfactory work on previous contracts with the City.

(e) No bid will be accepted from, or Contract awarded to, any person who is in arrears to the City of Schenectady upon debt or Contract or who is in default, as surety or otherwise, upon any obligation to the said City, nor shall a bid be accepted, or Contract awarded to any Contractor whose performance of any previous Contract has been unsatisfactory. The bidder whose bid has been accepted will be required to attend at the Office of the Clerk of the Council and execute the Contract within three (3) days from the date of the service of a notice delivered to him in person or mailed to the address given in the bid that the Contract has been awarded to him. In case of failure to execute the Contract within the time stated, he or they shall be deemed to have abandoned the Contract and the amount of the deposit made by him or them will be forfeited to and retained by the City of Schenectady as liquidated damages.

10.2 Bids received from bidders who have previously failed to complete contracts within the time required, or who have previously performed similar work in an unsatisfactory manner, may be rejected. A bid may be rejected if the bidder cannot show that it has the necessary ability, plant and equipment to commence the work at the time prescribed and thereafter to perform and complete the work at the rate or within the time specified. A bid may be rejected if the bidder is already obligated for the performance of other work which would delay the commencement, performance, or completion of the work.

10.3 The City of Schenectady reserves the right to reject any bid if the information submitted by, or investigation of, such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

10.4 Bids will be considered irregular and shall be subject to rejection for the following reasons:

(a) If the bid is on a form other than that furnished by the City of Schenectady, or, if the City’s form is altered, or, if any part of the bidding documents is detached.

(b) If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the bid incomplete, indefinite, or otherwise ambiguous.

(c) If the bid is not accompanied by the bid security specified by the City of Schenectady.

SECTION 11: PREVAILING WAGE

11.1 All laborers providing services under this contract, whether employed by the Contractor or by the Subcontractor(s), shall be paid not less than the current prevailing rate of wages and shall be provided supplements not less than the prevailing supplements as established by the New York State Department of Labor, per the New York State Prevailing Schedule of Wages.

11.2 All vendors submitting bids agree to conform to all current NYS Department of Labor and prevailing wage laws. The City has applied for and has received a PRC #2024008667 for this project. The successful vendor(s) is/are responsible for complying with all current labor rates and regulations throughout the duration of any contract resulting from this document.

For policy or rate questions call the NYS Department of Labor at (585) 258-4505. Actual rates are available via the internet at https://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt&id=1572824

11.3 Payrolls and Payroll Records: Every contractor and subcontractor MUST keep original payrolls or transcripts subscribed and affirmed as true under penalty of perjury. Payrolls must be maintained for at least five (5) years from the project's date of completion. At a minimum, payrolls must show the following information for each person employed on a public work project: Name, Social Security number, Classification(s) in which the worker was employed, Hourly wage rate(s) paid, Supplements paid or provided, and Daily and weekly number of hours worked in each classification.

Every contractor and subcontractor shall submit to the Department of Jurisdiction (Contracting Agency), within thirty (30) days after issuance of its first payroll and every thirty (30) days thereafter, a transcript of the original payrolls, subscribed and affirmed as true under penalty of perjury. The Department of Jurisdiction (Contracting Agency) shall receive and maintain such payrolls.

SECTION 12: NON-COLLUSIVE BIDDING CERTIFICATE

12.1 All bidders bidding under the provisions of the specifications are subject to the provisions of Section 103 of the General Municipal Law of the State of New York. A signed Non- Collusive Bidding Certificate (Attachment) is required to be submitted with each bid on the form provided by the City.

SECTION 13: BID FORM

13.1 The Bid Form is attached hereto; additional copies may be obtained from the City.

13.2 Bids must be made on the Bid Form provided by the City. The Bid Form must be completed in ink or typewritten. The Bid Form must also be signed by an authorized representative of the bidder.

13.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign on behalf of the corporation) and the corporate seal must be affixed by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

13.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature. The official address of the partnership must be shown below the signature.

13.5 All names must be printed or typed below the signature.

13.6 The bid must contain an acknowledgment of receipt of all Addenda (the number of which will be filled in on the Bid Form).

13.7 The address and email address to which communications regarding the bid are to be directed must be included on the Bid Form.

SECTION 14: EQUIVALENT GOODS

14.1 Manufacturers name brands are listed to indicate minimum requirements and bidding may be on brands listed, (if specified), or equivalent. Specifications shall be furnished by the bidder to support equivalency. In the event of any claim by any unsuccessful bidder concerning or relating to the issue of “equal or better” or “or equal”, the successful bidder agrees, that his own cost and expense, to defend such claim or claims and agrees to hold the City of Schenectady free and harmless from any and all claims for loss or damage arising out of this transaction for any reasons.

SECTION 15: SPECIFICATION CLARIFICATION

15.1 All inquiries with respect to this Request for Bids must be directed to the City of Schenectady’s consultant for this project as follows:

Heather Sanders, RA Architect Synthesis Architects, LLP 162 Jay Street Schenectady, NY 12305 Phone: (518) 370-1576 hsanders@synthesisllp.com

15.2 All questions about the meaning or intent of the specifications must be submitted to the aforementioned designated person in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded as having received the bidding documents. Questions received less than four (4) days prior to the date of submission of bids will not be answered.

The City will be bound only by responses given by formal written Addenda.

SECTION 16: BID EVALUATION

16.1 Bids shall remain valid until:

(a) the execution of a contract by City of Schenectady; or

(b) the award of a purchase order by City of Schenectady; or

(c) as otherwise rejected by City of Schenectady.

16.2 Bids received will be evaluated by City of Schenectady and will be based, as a minimum, upon the following criteria:

(a) Lowest total bid cost and projected timetable for completion of services and/or delivery of goods described herein;

(b) Completeness of the bid; and

(c) Bidder's demonstrated capabilities and professional qualifications.

16.3 The City reserves the right to award this contract on a per item or aggregate basis, whichever is most beneficial to the City of Schenectady. Bidders need not submit bids for all items listed to be eligible for an award of this contract.

16.4 The City reserves the right to purchase items pursuant to General Municipal Law 103 from New York State Contracts, other County, political subdivision or district contracts, or New York State Preferred Sources within its discretion.

16.5 The City of Schenectady may award purchase contracts that have been procured pursuant to competitive bidding under section 103 of the NYS General Municipal Law by either lowest responsible bidder or best value.

"Best value" means the basis for awarding contracts for goods to the offerer which optimizes quality, cost and efficiency among responsive and responsible offerers. Such basis shall reflect, wherever possible, objective, and quantifiable analysis. Such basis may also identify a quantitative factor for offerers that are small businesses or certified minority-, women-owned business enterprises or service-disabled veteran owned businesses as defined in subdivisions one, seven, fifteen and twenty of section three hundred ten of the executive law to be used in evaluation of offers for awarding of contracts for services.

SECTION 17: MODIFICATION AND WITHDRAWAL OF BIDS

17.1 Bids may be modified or withdrawn at any time prior to the opening of bids by an appropriate document duly executed (in the manner that a bid must be executed) and delivered to the place where bids are to be submitted.

When bid deposits are required, a bidder may withdraw its bid with impunity if no award is made within 45 days of the bid opening and, upon withdrawal, the bidder is then entitled to the return of its bid deposit forthwith.

17.2 If, prior to awarding of the contract or within three days after opening, whichever period is shorter, any bidder files a duly signed written notice with the City and promptly thereafter demonstrates to the reasonable satisfaction of the City that there was a material and substantial mistake in the preparation of its bid, that bidder may withdraw its bid and the bid security will be returned.

SECTION 18: AWARD OF BID

18.1 After the award has been approved by the proper City governing authority, the successful bidder will be issued a Notice of Award. A notice of contract award shall not be binding upon the City until the contract has been fully executed by both parties.

The following documents shall be incorporated, to the extent deemed appropriate in the sole discretion of the City, within the contract between the City of Schenectady and the apparent successful Bidder: the successful Bidder’s bid, this Request For Bids and any written Addenda issued by the City of Schenectady in response to inquiries of prospective bidders as set forth in Section 12.2 hereof.

18.2 No successful bidder to whom a contract or purchase order is let, granted or awarded, shall assign, transfer, convey, sublet, or otherwise dispose of same, or of its right, title, and interest herein, including the performance of the contract or purchase order or the right to receive monies due or to become due, or of its power to execute the contract or purchase order without the prior written consent of the City of Schenectady Purchasing Supervisor.

In the event the contractor shall without prior written consent assign, transfer, convey, sublet or otherwise dispose of the contract or purchase order or of its right, title and interest therein, including the performance of this contract or purchase order, or the right to receive monies due or to become due, or its power to execute such contract or purchase order to any other person or corporations, or upon receipt by the City of Schenectady of an attachment against the successful bidder, the City of Schenectady shall be relieved and discharged from any and all liability and obligation growing out of such contract or purchase order to such contractor, and the person or corporation to which such contract or purchase order shall have been assigned, its assignees, transferees or sub lessees shall forfeit and lose all monies theretofore assigned under the contract or purchase order, except so much as may be required to pay its employees.

SECTION 19: PERFORMANCE AND PAYMENT BOND

19.1 A separate performance and payment bond in a form satisfactory to the City of Schenectady Purchasing supervisor and the City of Schenectady Corporation Counsel, or its cash equivalent, equal to one hundred percent (100%) of the total amount of the bid is required of the successful Bidder. The successful Bidder to whom the contract is awarded shall within seven (7) days after the date of notification of the acceptance of its bid, provide security as required by the contract in a form acceptable by the City.

In case of its failure to do so, or in case of its failure to give further security as herein prescribed, the successful Bidder will be considered as having abandoned the same and the certified check or other bid security accompanying its bid shall be forfeited to the City of Schenectady.

SECTION 20: INSURANCE REQUIREMENTS

20.1 The successful Bidder will be required to procure and maintain at its own expense the following insurance coverage:

The selected contractor will be required to procure and maintain, at their own expense, the following insurance coverage:

(a) Workers’ Compensation and Employers Liability Insurance: A policy or policies providing protection for employees in the event of job-related injuries.

(b) Motor Vehicle Liability Insurance: A policy or policies with the limits of not less than $1,000,000 combined for each accident because of bodily injury sickness or disease, sustained by any person, caused by accident, and arising out of the ownership, maintenance or use of any motor vehicle for damage because of injury to or destruction of property, including the loss of use thereof, caused by accident and arising out of the ownership, maintenance or use of any motor vehicle.

(c) Umbrella/Excess Liability Insurance: A policy or policies with Umbrella/Excess Coverage with limits of not less than:

Liability For: Combined Single Limit

All Other Circumstances $1,000,000

(d) Commercial General Liability Insurance: A policy or policies of comprehensive all-risk insurance with limits of not less than:

Liability For: Combined Single Limit

Property Damage $1,000,000 per occurrence/$2,000,000 aggregate

Bodily Injury $1,000,000 per occurrence/$2,000,000 aggregate

Personal Injury $1,000,000 per occurrence/$2,000,000 aggregate

(d) Disability Insurance: A policy or policies providing appropriate disability benefits in accordance with Section 220 Subdivision 8 of the Disability Benefits Law (DBL)

20.2 Each policy of insurance required shall be of form and content satisfactory to the City of Schenectady Corporation Counsel.

(a) The City of Schenectady shall be named as an additional named insured on all liability policies. The bid name and/or number must appear on the policy.

(b) The policy shall not be changed or canceled until the expiration of thirty (30) days after written notice to City of Schenectady. It shall be automatically renewed upon expiration and continued in force unless the City of Schenectady is given at least thirty

(30) days written notice to the contrary.

20.3 No work shall be commenced under the contract or purchase order until the successful Bidder has delivered to the City Purchasing Supervisor or his designee proof of issuance of all policies of insurance required by the contract to be procured by the successful Bidder.

If at any time, any of said policies shall expire or become unsatisfactory to the City, the successful Bidder shall promptly obtain a new policy and submit proof of insurance of the same to the City for approval. Upon failure of the successful Bidder to furnish, deliver and maintain such insurance as above provided, the contract or purchase order may, at the election of the City, be forthwith declared suspended, discontinued, or terminated. Failure of the successful Bidder to procure and maintain any required insurance shall not relieve the successful Bidder from any liability under the contract, nor shall the insurance requirements be construed to conflict with the obligations of the successful Bidder concerning indemnification.

SECTION 21: INDEMNIFICATION

21.1 The successful Bidder shall defend, indemnify and save harmless the City of Schenectady, its employees and agents, from and against all claims, damages, losses and expenses (including, without limitation, reasonable attorneys’ fees) arising out of, or in consequence of, any negligent or intentional act or omission of the successful Bidder, its employees or agents, to the extent of its or their responsibility for such claims, damages, losses and expenses.

SECTION 22: REMEDY FOR BREACH

22.1 In the event of a breach by CONTRACTOR, CONTRACTOR shall pay to the CITY OF SCHENECTADY all direct and consequential damages caused by such breach, including, but not limited to, all sums expended by the CITY to procure a substitute contractor to satisfactorily complete the contract work, together with the CITY’s own costs incurred in procuring a substitute contractor.

SECTION 23: DELIVERY AND PAYMENT

23.1 All bid prices shall include freight and shall be quoted F.O.B. destination.

23.2 Prior to payment, the items furnished and or work performed will be inspected by the

Purchasing Supervisor, the City Engineer or his designee to determine their conformity to specification. No payment will be made for items or work not meeting specification.

23.3 Payment will be made upon the submission of a completed AIA.

23.4 The City of Schenectady IS NOT SUBJECT TO FEDERAL, STATE OR LOCAL

TAXES.

23.5 Pursuant to NYS Finance Law §139-F, the contractor shall periodically, in accordance with the terms of the contract, submit to the City a request for a progress payment for the work performed and/or materials furnished to the date of the request, less any amount previously paid against contract to the contractor. In accordance with the terms of the contract, the City shall approve and promptly pay the request less any amount necessary to satisfy any claims, liens or judgements which have not been suitably discharged as well as a retainage of 5 percent (5%) of each progress payment. If there is no requirement by the City for a performance bond as well as a labor and material bond in the full amount of the contract, the retainage will be in excess of 5 percent but no more than 10 percent.

23.6 When the work as stated in the terms of the contract are substantially completed, the contractor shall request a final and complete inspection of all work to be completed as defined by the bid specifications as well as any approved change orders, after which the contractor will submit to the public owner and/or his agent a request for payment of the remaining amount of the contract balance. The City shall pay the contractor the requested amount due less two times the value of any remaining items to be completed and an amount necessary to satisfy any claims, liens or judgments against the contractor which have not been suitably discharged.

SECTION 24: APPRENTICESHIP TRAINING PROGRAMS

24.1 In accordance with Section 816-b of the New York State Labor Law, contractors and subcontractors of City construction projects with an aggregate value (which shall mean the total cost of all contracts of the project) in excess of $300,000 or more shall have in place agreements providing appropriate apprenticeship training programs approved by the Commissioner of the Department of Labor for the type and scope of work to be performed, at the time of bid date and prior to entering into a contract with the City of Schenectady.

24.2 A bidder who submits a bid for a City construction contract for which the contract amount is $300,000 or more shall submit with the bid package the following documents for each apprentice agreement:

(a). A copy of the current New York State Department of Labor (NYSDOL)

“Apprentice Training Program Registration Agreement” (NYSDOL Agreement) issued to the bidder as a sponsor –or issued to a NYSDOL apprenticeship sponsor with whom the bidder has an apprenticeship training agreement; AND

(b). If the bidder is not the named sponsor on the NYSDOL Agreement described in

(a), a copy of the apprenticeship training agreement between the bidder and the named sponsor.

SECTION 25: OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

(OSHA) CONSTRUCTION SAFETY AND HEALTH COURSE

25.1 In compliance with NYS Labor Law Sec. 220-h, the contract required for the construction, reconstruction, maintenance and/or repair of the public work herein described, where the total cost of all work to be performed is at least TWO HUNDRED THOUSAND ($250,000.00) DOLLARS, shall require that all laborers, workers, and mechanics employed in the performance of the work on the public work site either by the Contractor, sub-contractor or other person doing or contracting to do the whole or a part of the work herein described, shall be certified prior to performing any work on the project as having successfully completed a course in construction safety and health approved by the U.S.

Department of Labor’s Occupational Safety and Health Administration that is at least ten hours in duration.

SECTION 26: SAMPLES AND SHOP DRAWINGS

26.1 Prior to commencing work under this Contract, the Contractor shall furnish such samples of materials proposed for use in the work, along with manufacturers' certificates, shop drawings, test results made by independent testing facilities and any other information as may be required by the Engineer or specified herein.

SECTION 27: CONTRACTOR'S INVESTIGATION

27.1 The Contractor shall satisfy himself by his own investigation regarding all the conditions affecting the work to be done and the labor and materials needed in his conclusion to execute the Contract shall be based on such investigation and not on the estimate of quantities or other information prepared by the Engineer, and he shall make no claim against the City because of any of the estimates, tests, or representations of any kind affecting the work made by any officer or agent of the City which may prove to be erroneous in any respect.

SECTION 28: CLAIMS AGAINST CITY

28.1 All claims by the Contractor against the City for damages from any cause shall be reported to the City Engineer or designee, in writing, at the time such alleged damage occurs. All such claims, if continuous, must also be presented at the end of the month in which such damages or claims occur and if the same continues during more than one month, at the end of each month of the continuance of such claimed damages. Any provisions relative to extra work and claim therefore and reports thereof appearing elsewhere in this Contract shall not be superseded by the provisions of this section but will be in addition thereto.

SECTION 29: LAWS AND ORDINANCES

29.1 On all operations connected with the work herein specified, the Contractor shall keep fully informed of all Federal, State and City Laws, Ordinances, rules and regulations, including but not limited to OSHA, controlling or limiting in any way the actions of those engaged on the work of affecting the materials and equipment used, and shall strictly comply in every way with such laws, ordinances, rules and regulations.

SECTION 30: TRAFFIC

30.1 Contractor shall submit to the City for approval a logistics plan including pedestrian protection. The plan must provide for pedestrian and vehicles traffic restoration at the end of each day. Traffic upon the street where work is in progress or upon any intersecting street shall not be hindered or inconvenienced needlessly nor shall the street be closed to traffic except by direction or prior approval of the Engineer. In such cases the Contractor shall erect plainly and properly worded signs which shall be placed with approved barricades at the nearest cross street on each side of such obstructed portion and upon intersecting streets where traffic may take detour in the shortest and easiest way. Where it is necessary to interfere with private ways, roads or railroads, the Contractor shall give reasonable notice to the owners thereof before such interference; shall, at his own expense, provide suitable and safe bridges or other sufficient crossings for the accommodation of the travel thereon; shall maintain the same in good and safe condition until the said private ways, roads or railroads can be restored; shall then remove all bridges and other temporary structures and restore such private ways, roads or railroads to the satisfaction of the Engineer.

SECTION 31: BLASTING AND EXPLOSIVES

31.1 The use of EXPLOSIVES is NOT permitted.

SECTION 32: PROTECTION OF EXISTING STRUCTURES

32.1 When work is to be done around, about or over any of the monuments that have been placed for marking street lines or other boundaries, these shall be left undisturbed, and the Contractor will exercise every precaution against possible injury to them. In case any monument shall be injured or displaced, it will be reset or replaced by the Department of Engineering and the total cost of such work shall be borne by the Contractor. The Contractor shall be held responsible for all materials and work during the progress of construction and for all injury to existing structures met with in the execution of the work.

The Contactor will be required to make good at their own cost any injury or damages which said materials, work or structures may sustain from any source or cause before the acceptance of the work on the Contract.

32.2 The Contractor shall provide, at his own cost, for the flow of the sewers, drains and water courses interrupted during the progress of the work and shall immediately cart away and remove all offensive matter. The flow throughout the entire length of such sewers and appurtenances that are to be replaced by the work to be done under this Contract shall be maintained by the Contractor. The Contractor shall remove all such bulkheads, as may be directed, from the sewers with which the work will be connected.

When the permanent removal of any existing pipe sewers and appurtenances or pipe drains is necessitated by the work, such materials composing the structures, as may be directed, shall be carefully taken up, piled and left at the disposal of the City and the remainder shall be removed from the work and disposed of by the Contractor.

SECTION 33: CITY WATER

33.1 In all cases where existing water mains have to be valved off temporarily the Contractor shall notify, in advance, all customers served from said water main. Connections to existing water mains shall, when work commences, be carried out to completion in one continuous operation so as to afford a minimum period of time said existing mains shall be out of service. If deemed necessary, the Engineer or by the designee of the Commissioner of General Services may require said connections to be made at night.

33.2 Where the City water is available it will be furnished to the Contractor by the Water

Department, subject at all times to the control and supervision of its Engineer. Prior to making use of any City water, permission in writing to use the same for particular purposes must be obtained from the Engineer or by the designee of the Commissioner of General Services. The permit shall be on the site of the work at all times. The Contractor's attention is called especially to Rule 35 of the Rules, Regulations and Rates of the Department of Water in regard to supplying water, standard hydrant wrenches and reducing caps; to Rule 66 in regard to the penalty for opening hydrants without permission; to Rule 67 in regard to the responsibility for damages done; to Rule 69 in regard to the operation of valves; to Rule 70 in regard to the displacing or covering valve boxes, manhole covers, etc.; to Rule 71 in regard to the fines which may be levied in case of any of the Rules & Regulations are violated; all of which Rules & Regulations shall be considered a part of the Contract whether attached hereto or not.

33.3 Subject to an approved logistics plan, the Contractor may use City hydrants but must obtain a hydrant meter with a back flow preventer from the City’s Department of Water.

The Contractor who is awarded this bid should be aware that there is a THREE THOUSAND DOLLAR ($3,000.00) deposit required for use of the hydrant meter.

SECTION 34: WORK SITE CLEAN UP

34.1 The Contractor shall exercise great care not to injure the sod, trees, fences, sidewalks, crosswalks, or other property belonging to adjoining owners or the City. Any damage done shall be repaired or replaced by the Contractor at his own cost and expense.

34.2 As the work progresses, all rubbish, refuse and unused materials, tools and equipment shall be removed at once. After final inspections of the work have been made the Contractor shall remove all stakes, boards, sticks and similar obstructions whether used for grade, reference or other purposes upon this Contract.

The Contractor shall restore the work site and adjacent properties affected by the construction work to the same condition as they were before the work was commenced.

SECTION 35: NO ESTOPPEL

35.1 The City shall not be estopped by any return or certificate made or given by the Engineer or other officer or agent of the City at any time either before or after the final completion and acceptance of the work and payment therefore pursuant to any such return or certificate showing the true and correct amount, quality and character of the work done and materials furnished by the Contractor or any other person under this Contract, or from showing at any time that any return or certificate is untrue and incorrect or improperly made in any particular manner or that the work or materials or any part thereof do not, in fact, conform to the specifications; and the City shall not be estopped, notwithstanding any such return or certificate payment in accordance therewith from demanding and recovering at any time hereafter from the Contractor such damages as it may sustain by reason of his failure to comply with the Contract and Specifications.

SECTION 36: SITE CONTROL

36.1 The Contractors shall maintain security of the site with barriers and/or fencing and signage the site at all times including during stoppages or delays. All debris must be covered including during stoppages or delays. This section shall be superseded by technical requirements set in law, but otherwise shall have full force.

SECTION 37: AFFIRMATIVE ACTION AND ANTIDISCRIMINATION

37.1 It is the policy of the City of Schenectady that Minority Business Enterprises (MBE), Woman Business Enterprises (WBE) and Service-Disabled Veteran Owned Business’ (SDVOB) are afforded the maximum opportunity to participate in the performance of contracts, in excess of $100,000, let by the City. The City commits itself to a goal-oriented Contract Compliance Program which assures that Minority Business Enterprises and Woman Business Enterprises are considered in awarding contracts for goods, services and construction. Furthermore, it is the policy of the City of Schenectady that contractors and subcontractors utilize minority and women labor to the greatest extent feasible.

37.2 In bidding on this contract, the contractor acknowledges an understanding of this policy.

The contractor shall carry out the policy by making every reasonable effort to award contracts and subcontracts to MBEs, WBEs and SDVOB’s as well as utilizing minority and women labor in the performance of this contract.

37.3 In an effort to assist contractors with compliance attached you will find the following:

Article SC19-Affirmative Action Plan and Department of Affirmative Action Compliance Forms.

SECTION 38: THIS SECTION LEFT INTENTIONALLY BLANK

SECTION 39: ANTI DISCRIMINATION CLAUSE

39.1 Pursuant to Section 220-E of the NYS Labor Law, regarding provisions in contracts prohibiting discrimination on account of race, creed, color or national origin in employment of citizens upon public works, the Contractor agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color, disability, gender, marital status, military status, sexual orientation 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; (b) That no contractor, subcontractor, nor 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, gender, marital status, military status, sexual orientation or national origin; (c) That there may be deducted from the amount payable to the contractor by the state or municipality under this contract a penalty of fifty dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; (d) That this contract may be cancelled or terminated by the state or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract; and (e) The aforesaid provisions of this section covering every contract for or on behalf of the state or a municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the state of New York.

SECTION 40: SUBCONTRACTORS

40.1 When the preparation of separate specifications is not required, each bidder must submit with its bid a separate sealed list that names each subcontractor that the bidder will use to perform the work on the contract, and the agreed upon amount to be paid to each, for:

(1) plumbing and gas fitting

(2) steam heating, hot water heating, ventilating and air conditioning apparatus

(3) electric wiring and standard illuminating fixtures.

After the low bid is announced, the sealed list submitted with the low bid must be opened and the names of the subcontractors announced. The sealed lists submitted by all other bidders must be returned unopened after the award of the contract.

Any subsequent change of subcontractor, or agreed upon amount to be paid to each subcontractor, must be approved by the political subdivision, upon a showing of legitimate construction need for the change, which must be open to public inspection.

The term "legitimate construction need" is defined to include, but not be limited to (1) a change in project specification, (2) a change in construction material costs, (3) a change in subcontractor status as determined pursuant to Labor Law §222(2)(e), relative to project labor agreements, or (4) a situation in which the subcontractor has become otherwise unwilling, unable or unavailable to perform the subcontract.

SECTION 41: INTERPRETATION

41.1 In the event of any discrepancy, disagreement or ambiguity among the documents which comprise this RFB, and/or, the Agreement (between the City and the successful bidder/proposer) and its incorporated documents, the documents shall be given preference in the following order to interpret and to resolve such discrepancy, disagreement, or ambiguity: 1) the Agreement; 2) the RFB; 3) the Contractor’s bid.

SECTION 42: NON-APPROPRIATIONS CLAUSE

42.1 Notwithstanding anything contained herein to the contrary, no default shall be deemed to occur in the event no funds or insufficient funds are appropriated and budgeted by or are otherwise unavailable to the City for payment under this Agreement. The City will immediately notify the Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to those portions herein agreed upon for which funds shall have been appropriated and budgeted.

SECTION 43: IRANIAN ENERGY SECTOR DIVESTMENT

43.1 Contractor/Proposer hereby represents that said…