523280 NIGHT VISION BINOCULAR OTB.pdf

Bureau of Purchasing City Hall Room 105 A, 30 Church Street Rochester, New York 14614-1290 www.cityofrochester.gov

Phone: 585.428.7041 Fax: 585.428.6038 TTY: 585.428.6054 EEO/ADA Employer

PRINTED NAME OF BIDDER

NIGHT VISION BINOCULARS

Invitation to Bid No. 523280 Issued: March 31, 2025

PURCHASING BUREAU CONTACT: Claire LaDelia, Purchaser (585) 428-7042

BID CLOSING: Wednesday, April 16, 2025 at 11:00 a.m.

Join Zoom Meeting:https://cityofrochester.zoom.us/j/4564119010 Meeting ID: 456 411 9010

Password: 4564119010

Sealed Bids are to be submitted electronically through BidNet prior to the closing date and time.

Alternatively, bids may be submitted in hard copy to the Office of the Director of Purchasing, City Hall, Room 105A, Rochester, NY 14614, prior to the closing date and time, after which all bids properly received will be opened, read and recorded via Zoom. Only submit one bid – either electronically or in hard copy.

This Invitation to Bid incudes the Terms and Conditions specified herein, the Proposal, the attached General Terms and Conditions and Instructions to Bidders, and any addenda and other documents and/or specifications incorporated by reference herein.

CONTRACT CHARACTERISTICS

(For definitions or explanations, see General Conditions)

Type of Contract: ONE TIME PURCHASE

Bid Deposit Requirement: NONE

Performance Security Requirement: NONE

Insurance Requirement: NONE

Samples Requirement: NONE

Descriptive Literature/Technical Data Requirement: SUBMITTED WITH BID

BIDDERS: Please note that prices, company identification and authorized signature are to be entered on the Proposal that appears at the end of the specifications.

NIGHT VISION BINOCULARS - OTB

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1. SCOPE

It is the intent of the City of Rochester to purchase NIGHT VISION BINOCULARS for use by the City of Rochester Police Department.

2. SPECIFICATIONS

2.1 AN/PVS-31D Lightweight Night Vision Binocular with Standard Accessories:

2.1.1 Carrying Case

2.1.2 Eye cups, lens caps

2.1.3 Demist shields

2.1.4 Operator kit (manual, quick reference card, lens paper)

2.1.5 G24 helmet mount

2.2 Optical:

2.2.1 40° nominal Field of View

2.2.2 1X Magnification

2.2.3 Submersibility: 66 ft. for 2 hours

2.2.4 Gen 3 Gated Pinnacle Tubes Manufactured by ESA-NV

2.2.5 Tube life of 12,000+ hours

2.2.6 Minimum Figure of Merit (FOM) 2,200

2.2.7 White Phosphor

2.3 Physical:

2.3.1 Weight: ≤ 500 grams

2.3.2 Dimensions: 2.8 x 4.2 x 4.1 in (7.2 x 10.6 x 10.4 cm)

2.4 Electrical:

2.4.1 >30 hours with AA lithium / > 21 hours with AA alkaline battery life

2.4.2 Battery Type: One AA size battery (lithium or alkaline)

2.4.3 Integrated IR illuminator

2.5 Mechanical:

2.5.1 Diopter Adjustment, Fixed Configuration: +2 to -2.5 diopters

2.5.2 Diopter Adjustment, Adjustable Configuration: +2 to -6 diopters

2.5.3 Focus Range: 25 cm to infinity

3. MANUFACTURERS

3.1 The manufacturers cited in this specification are used to establish the minimum acceptable standards for these items. Styling, design coordination, color and size availability are essential to the project. Items of other manufacturers that meet or exceed the specifications will be considered as alternates.

3.2 Approved products named in the specifications are pre-qualified, but not intended to exclude from consideration an equivalent product of a financially sound, established

523280 2 manufacturer that meets or exceeds all specified requirements and contract conditions.

Proposed substitutions must be equivalent in construction, appearance, dimensions and functions to be considered.

3.3 Bids based on manufacturers other than those specified in the Proposal, must be clearly identified as such, and bidders must include full product descriptions, drawings or photos and technical specifications with their bid.

3.4 In the event that an apparent low bidder proposes an alternate, the burden of proof to demonstrate equivalency shall rest entirely with the bidder. The bidder will be required to demonstrate equivalency by samples and/or literature.

3.5 Acceptable equivalents will be determined by the City of Rochester Information

Technology Department and the Director of Purchasing, whose decision will be final.

4. CONTRACT TERM

This shall be a One-time Purchase. The successful vendor will be required to guarantee a fixed price for 120 days should additional quantities be required.

5. QUANTITIES

The City intends to order the quantity listed on the Proposal Page upon contract award.

However, the City reserves the right to order more or less quantities based upon bids received.

6. METHOD OF AWARD

6.1 The City intends to award a contract to the responsive and responsible bidder whose bid is the lowest best value offer to the City on the basis of the Total Bid Price. The City reserves the right to award multiple contracts, if it best interest of the City.

6.2 For purposes of this bid, if one or more bids are submitted by a business certified as an

MWBE business by New York State on the date of the bid, the MWBE bidder(s) shall receive a five percent (5%) price advantage over non-MWBE bidders pursuant to Section 8 of Ordinance No. 2018-54. The lowest best value offer shall be defined as the lowest bid after adjusting for any MWBE price advantage. For example, if three bids are received, one for $100.00, one for $103.00, and one by an MWBE business for $105.00., the lowest best value offer would be the bid submitted by the MWBE business for $105.00. If instead the MWBE business submitted a bid for $105.01, the lowest best value offer would be the bid for $100.00. If award of the contract is based upon award by total bid, or by group, or by item, the City reserves the right to determine its lowest best value offer based upon total bid, group and per item prices offered.

6.3 The City reserves the right to reject any bid if unit prices are unbalanced or not consistent with current market conditions.

6.4 Any exceptions must be described in the Proposal. The City reserves the right to conduct tests, compare specifications and conduct any other research in order to verify that products offered fully meet specifications.

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7. DELIVERY

7.1 To be F.O.B. DESTINATION inside within ten (10) days after receipt of order (ARO).

7.2 If this time is not acceptable, the vendor must indicate on the Proposal Page the period of time needed in which to guaranteed delivery.

7.3 All necessary transportation, shipping, handling and delivery charges to be included in bid prices.

7.4 Delivery Address. The successful bidder shall deliver to:

Rochester Police Department Attn: Sgt. Jason Rudolph 185 Exchange Blvd.

Rochester, NY 14614

8. CONTRACT REQUIREMENTS

8.1 Vendors wishing to submit bids for any equipment other than items listed should note any exceptions to the specifications. The City shall retain sole discretion in determining to what extent other equipment is satisfactorily equivalent in meeting the needs of the Fire Department.

8.2 If bidding an alternate, the bidder may be requested to supply a sample for testing at no additional cost to the City.

9. GUARANTEE

9.1 The contractor guarantees that the equipment is standard new equipment, latest model of regular stock product with all parts regularly used with the type of equipment and that no attachment or part has been substituted or applied contrary to manufacturer’s recommendations and standard practice. Every unit delivered must be guaranteed against faulty material and workmanship for a period of 30 days unless otherwise specified. If during this period such faults develop, the unit or part affected is to be replaced without cost to the City.

9.2 The manufacturer’s standard guarantee shall apply.

10. W-9

A W-9 is required with your bid

11. SUBMITTAL OF BIDS

11.1 Bid proposals for this bid should be submitted in a marked sealed envelope, to include a signed original hard copy of the Proposal, bid specifications, addenda and any support documentation required, delivered to and received by the Director of Purchasing at the

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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 any addenda.

11.2 For this bid, instead of submitting a hard copy per Section 11.1, bid proposals may be submitted by the bidder as an electronic submission through BidNet as a .pdf of the signed original hard copy of the Proposal, cover page, bid specifications, addenda and any support documentation required. Electronic bid proposals are date time and stamped by BidNet. Bids stamped after the bid closing date and time will not be read by the City of Rochester. The City reserves the right to declare any bid non-responsive that is submitted electronically without fully meeting the requirements of the Invitation to Bid.

By submitting a bid electronically, a bidder agrees and accepts that a notification of award and/or City purchase order will create a legally binding contract between the City and the bidder as if the bidder had submitted a signed original of the bid.

11.3 Bids submitted either in hard copy or electronically on BidNet must include the entire

Invitation to Bid, which includes the cover page, bid specifications, addenda and any support documentation required, as well as the Proposal. The City reserves the right to reject any bids submitted in hard copy or electronically that do not include all of these documents.

11.4 Bidders should not submit two bids. Submit a bid either in hard copy per Section 11.1 or electronically per Section 11.2. The City reserves the right to reject any and all bids if multiple bids are received from one bidder.

ALL BIDS WILL BE OPENED VIA ZOOM

April 16, 2025 at 11:00 AM EST Join Zoom Meeting https://cityofrochester.zoom.us/j/4564119010 Meeting ID: 456 411 9010 Password: 4564119010

Bid results will be posted on www.bidnetdirect.com

12. CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

12.1 The contract resulting from this bid shall be subject to the requirements of the Iran Divestment Act of 2012 (the “Act”), Chapter 1 of the 2012 Laws of New York, State Finance Law (SFL) § 165-a and New York General Municipal Law § 103-g both effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) is responsible for developing a list of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law) (the “Prohibited Entities List”). The Prohibited Entities List as required by SFL § 165-a (3) (b) is found on the OGS web site at http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf.

12.2 CERTIFICATION. “By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the State Finance Law.”

12.3 Any bidder/contractor seeking to renew or extend this contract or assume the responsibility of the contract awarded in response to this bid solicitation must certify at http://www.bidnetdirect.com/ http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf

523280 5 the time the contract is renewed, extended or assigned that it is not included on the Prohibited Entities List.

12.4 During the term of the contract or any extension, should the City receive information that the contractor is in violation of the above-referenced certification, the City will offer the person or entity an opportunity to respond. If the person or entity fails to demonstrate that he/she/it has ceased engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then the City shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages or declaring the contractor in default.

12.5 The City reserves the right to reject any bid or request for assignment for a bidder/contractor that appears on the Prohibited Entities List prior to the award of a contract and to pursue a responsibility review with respect to any bidder/contractor that is awarded a contract and subsequently appears on the Prohibited Entities List.

13. POLITICAL SUBDIVISIONS

Bidders should note that other political subdivisions may participate in the contract resulting from this bid award as authorized by General Municipal Law. Use of this contract by any other political subdivision must be coordinated between the subdivision and the contractor. The City will have no responsibility for any such purchases and will have no other role other than to provide other political subdivisions a copy of this contract if requested.

14. NON-COLLUSIVE BIDDING CERTIFICATION

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

14.1 The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

14.2 Unless otherwise required by law, the prices that have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed prior to the opening, directly or indirectly, to any other bidder or to any competitor;

14.3 No attempt has been or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.

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P R O P O S A L

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

ITEM DESCRIPTION UNIT PRICE EST. QTY. TOTAL

1. AN/PVS-31D Night Vision Binocular, Color: White, (White Phosphor/ Adjustable Diopters) $__________ x 4 = _____________

GRAND TOTAL BID PRICE: ________________________

Guaranteed Delivery, if different than that specified in section 7.1:

___________ calendar days After Receipt of Order (ARO)

W-9 Included? _______

If bidder is a New York State certified MWBE, check here: ______

Authorized Signature Typed Name and Title of Authorized Signer

Typed Name of Company (Continued through Page 8)

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QUESTIONNAIRE FORM FOR CITY SPECIFICATIONS

TO BE FILLED IN BY BIDDER AND PRESENTED WITH BID PROPOSAL

Is this bid in conformance with specifications? Yes_________ No__________

If answer is "No", bidder must identify and explain each exception taken, and reference must be made to each page and paragraph to which the exception will apply.

It shall be understood that if no exception is taken, the contractor shall supply all materials or services as specified.

Authorized Signature Typed Name and Title of Authorized Signer

Typed Name of Company (Continued through Page 8)

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P R O P O S A L

PRINT OR TYPE THE FOLLOWING INFORMATION:

Name of Firm or Corporation

Street Address

City State Zip Code

Telephone /Fax No. /Cell No. Federal Employer ID No.

E-mail Address of Company Employee authorized to receive Contract Award/ & Extensions

Date: ________________

ACCEPTED ON BEHALF OF THE CITY OF ROCHESTER FOR:

Contract No. ___________________ Contract Term: ___________________________

Director of Purchasing

Date: __________________

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City of Rochester Bureau of Purchasing Department of Finance

GENERAL TERMS AND CONDITIONS AND INSTRUCTIONS TO BIDDERS

The general terms and conditions which follow are incorporated by reference into every City of Rochester Invitation to Bid and apply to any and all purchase orders or contract awards issued by the Director of Purchasing as a result of such Invitation to Bid, unless otherwise specified. Bidders or their authorized representative are expected to fully inform themselves as to these conditions, requirements and specifications before submitting bids. Failure to do so will be at the bidder's own risk and a bidder cannot secure relief on the plea of error.

Subject to applicable Federal, State and Local laws, ordinances, rules, regulations and limitations, bids on all advertisements and invitations issued by the Department of Finance, Purchasing Bureau will bind bidders to applicable conditions and requirements set forth herein unless otherwise specified in the Invitation to Bid.

CONDITIONS OF BIDDING

1. Proposal Forms: Bids shall be submitted only on the forms provided by the City in the Invitation to Bid.

The bidder submit one (1) complete signed copy of the Proposal, attached to the Invitation to Bid. When submitting a hard copy of the bid, the bid shall be signed and sealed in the envelope provided by the City for that purpose. When using an envelope other than the one provided by the City, the following required information must be entered in the lower left corner on the face of the envelope: Bid Number, Bid Title, Closing Date and Time, and Submitted By. The envelope must be mailed or hand delivered to the Office of the Director of Purchasing, City Hall, Room 105A, 30 Church St., Rochester, NY 14614. When submitting an electronic copy of the bid, where permitted in the Invitation to Bid, the bid shall be signed and submitted through the electronic bidding service specified in the Invitation to Bid. No other form of electronic submittal of a bid will be accepted by the City.

2. Late Bids: Formal bids, amendments thereto, or requests for withdrawal of bids received by the City after time the bid closing date and time specified will not be accepted by the City.

3. Withdrawal of Bids: A written request for the withdrawal of a bid or any part thereof may be granted if the request is received by the City prior to the specified date and time of the bid closing.

4. Submittal of Bids: Bids that are mailed or delivered to the City in hard copy must be sealed and submitted in the envelope supplied by the City or otherwise clearly marked with the Bid Number, Bid Title, Bid Closing Date and Time and Submitted By. In the event that the bid contains bulky subject material, the special mailing envelope must be firmly affixed to any other wrapper being used. Bids not received in the actual office of the Director of Purchasing by the date and time established for the bid closing shall be rejected, even if mailed earlier. It is the bidder’s responsibility to ensure that the bid is received in the office of the Director of Purchasing by the bid closing date and time. Submittal of electronic bids, where permitted in the Invitation to Bid, is subject to the terms and conditions specified in the Invitation to Bid. In no circumstance shall a bid, either hard copy or electronic, that is submitted after the closing date and time be accepted by the City of Rochester.

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

6. Bids Binding 45 Days: Unless otherwise specified, all formal bids submitted shall be binding for forty-five (45) days following bid opening date. Bids will remain open and binding if the bidder agrees to an extension upon request of the Director of Purchasing or otherwise does not formally withdraw the bid.

7. Payment Terms: Prompt payment discounts allowing less than thirty (30) days for discount to apply shall not be considered as a cost factor in the evaluation of bids. In connection with any prompt payment

523280 10 discount offered, time will be computed from the date of receipt of correct invoice or receipt and acceptance of shipment, whichever is later.

8. Bids for All or Part: Unless otherwise specified by the City or by the bidder, the Director of Purchasing reserves the right to make an award on all items or on any of the items according to the best interests of the City. The Director of Purchasing shall further have the right to award separate items or groups to different vendors. Bidder may restrict the bid to consideration in the aggregate by so stating, but should offer a unit price on each item bid upon; any bid in which the bidder offers a total price without quoting a price on each and every separate item may be rejected at the option of the City.

9. Errors in Bids: When an error is made in extending total prices, the unit bid price will govern. Care-lessness in quoting prices, or in preparation of bid otherwise, will not relieve the bidder. Erasures or changes in bids should be initialed.

10. Questions Regarding Specifications: Except for Public Works, any information relative to interpretation of specifications and drawings shall be requested of the Director of Purchasing, in writing.

DO NOT MAKE INQUIRES BY PHONE OR IN PERSON.

Inquiries should be submitted in writing no later than five (5) days prior to the bid closing date. Inquiries received after that time may not be accepted. Any interpretation made to prospective bidders will be expressed in the form of an addendum to the specifications. Addenda will be publicly advertised and available to all prospective bidders no later than three (3) days before the bid closing date. Oral answers will not be binding on the City.

11. Response to Invitation to Bid: Bidders must indicate in their Proposal if they are taking ANY exception to the documents incorporated in the Invitation to Bid, including but not limited to the specifications, terms and conditions, Proposal, and any other documents or requirements. If no exceptions are noted in the Proposal, the City will interpret the bidder’s offer to be in full and unconditional accordance with the Invitation to Bid. The City reserves the right to determine whether or not it is in its best interest to accept partial responses to the Invitation to Bid. Conditional (qualified) bids are subject to rejection in whole or in part.

12. Multiple Bids: No bidder will be allowed to offer more than one price on each item even though the bidder can offer two or more types or styles that will meet specifications. Bidders must determine for themselves which to offer. Bids containing multiple bids in whole or in part will be rejected unless specifically requested as options or alternates in the specifications.

13. Unbalanced Bids: The City reserves the right to reject any bid where prices offered are unbalanced or do not fairly reflect the current marketplace.

14. Taxes: The City of Rochester is exempt from State and Local sales and use taxes and is exempt from paying Federal excise taxes.

15. Catalogs and Descriptive Information: Each bidder shall submit when requested by the Director of Purchasing, catalogs, descriptive literature, and detailed drawings, fully detailing features, designs, con-struction, finishes and the like necessary to fully describe the material or work the bidder proposes to furnish. This information shall be provided in a form requested by the Director of Purchasing, which may be either printed, electronic or both.

16. Competency of Bidder: No proposal will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the City of Rochester upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the City or had failed to perform faithfully within the prior two (2) years of any contract with the City. The bidder must present within 48 hours of a request evidence satisfactory to the Director of Purchasing of performance ability and possession of necessary

523280 11 facilities, pecuniary resources and adequate insurance to comply with the terms of these specifications and contract documents.

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.

18. Collusive Bidding: The Bidder certifies that the Contractor’s bid is made without any previous understanding, agreement or connection with any person, firm or corporation making a bid for the same project without prior knowledge of competitive prices, and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action.

19. Identical Bidding: Executive Order No. 10946: All identical bids submitted to the City as a result of advertised procurement for materials, supplies, equipment or services exceeding $1,000.00 in total amount may at the discretion of the City, be reported to the Attorney General of the United States in accordance with Form DJ-1510 and the Presidential Order dated April 24, 1961 for possible violation and enforcement of antitrust laws.

BID AND PERFORMANCE SECURITIES

20. Bid Security: Bid Bond, Cash, Certified or Cashier's Check, Letter of Credit: When required, each bid shall be accompanied by a bid security. This may be in the form of cash, a bid bond signed by a surety company authorized to do business in the State of New York, a cashier's check or a certified business check drawn on a responsible bank doing business in the United States, or a Letter of Credit on a form acceptable to the City, and shall be made payable to the City of Rochester, unless the bidder has on file with the Director of Purchasing an annual bid bond approved by the City with an uncommitted balance equal to the certified check requirements. When computing amount of Bid for bid security purposes, do NOT deduct for trade-ins. U.S. Postal Money Orders are acceptable in lieu of certified checks. Bid securities of non-awarded bidders will be returned after the contract has been awarded. No interest will be paid on bid securities held by the City.

21. Annual Bid Bonds: Bidders who regularly do business with the City shall be permitted to file with the Director of Purchasing an annual bid bond in the amount specified below. The bond may be in the form of a bid bond, cash, certified check or Letter of Credit. Such annual bonds shall be acceptable as surety in lieu of the furnishing of surety with each individual transaction. Annual bid bonds shall be in an amount as determined by the bidder, of no less than Five Thousand Dollars ($5,000.00). If at any time, the requirements of a specific Invitation to Bid exceed the amount of the annual bid bond on file, or should the aggregate amount of the bid security requirements on all open and un-awarded bids submitted by the bidder exceed the amount of the annual bid bond, additional surety will be required to meet the requirements of the bid. The additional amount must be submitted with the bid. No interest will be paid on annual bid bonds held by the City.

22. Performance Security: Performance Bond, Cash, Certified or Cashier’s Check, Letter of Credit:

The successful bidder or bidders for this bid must furnish a performance security for the faithful performance of this contract when required in the Invitation to Bid. This may be in the form of cash, a performance bond signed by a surety company authorized to do business in the State of New York, or by a cashier's check, certified business check, treasurer's check or other direct obligation drawn on a responsible bank doing business in the United States, or a Letter of Credit on a form acceptable to the City, and shall be made payable to the City of Rochester, For a bond, the surety thereon must be such surety company or companies as are authorized and licensed to transact business in the State of New York. Attorneys in fact who sign bid bonds must file with each bond a certified copy of their power of attorney to sign said bonds. No interest will be paid on performance securities held by the City.

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The successful bidder or bidders, upon failure or refusal to furnish within ten (10) days after notification of award the required performance security, shall forfeit their bid security to the City of Rochester as liquidated damages.

23. Samples: Samples submitted by bidders on items which they have received an award may be retained by the City until the delivery of contracted items is completed and accepted. Bidders whose samples are retained may remove them after delivery is accepted. Bidders who are not awarded a bid must remove their samples as soon as possible after award has been made on the item or items for which the samples had been submitted. The City will not be responsible for such samples if not removed by the bidder within thirty (30) days after the award has been made.

Bidders shall make all arrangements for delivery of samples to the place designated by the City as well as the removal of samples. Cost of delivery and removal of samples shall be borne by the bidder. All samples packages should be marked "Samples for Purchasing Bureau" and each sample should bear the name of the bidder, item number, bid number, and shall be carefully tagged or marked in a substantial manner. Failure of the bidder to clearly identify samples as indicated may be considered sufficient reason for rejection of bid, and in such cases the City will not be liable for the loss of samples.

SPECIFICATIONS

24. Trade Names, Specific Models, Etc.: In cases where a product or service is identified by a manufacturer's name, trade name, model number, catalog number or reference, it is understood that the bidder proposes to furnish the item so identified and does not propose to furnish an "equal" unless the proposed "equal" is definitely indicated therein by the bidder.

The reference to a specific name brand, model number, catalog number or reference is intended to be descriptive but not restrictive and only to indicate to the prospective bidder products(s) and/or services(s) that the City has determined will meet its requirements. Bids on other makes and catalogs will be considered, provided the bidder clearly states on the face of the Proposal exactly what the bidder proposes to furnish, and includes with the bid, sufficient information so that the City may determine equivalency to the product(s) and/or service(s) offered by the bidder.

The Director of Purchasing reserves the right to require bidders proposing an alternate to provide sufficient documentation, samples, references and/or other information for the City to be able to determine that the alternate(s) offered meet the City’s requirements for equivalency. The City reserves the right, in its sole discretion, to determine whether or not an alternate offered is equivalent, which determination may include, but is not limited to comparability of performance, quality, life cycle cost, design, functionality and other characteristics deemed necessary by the City in its specifications.

The Director of Purchasing hereby reserves the right to approve as an equal, or to reject as not being equal, any product or service the bidder proposes to furnish which contains major or minor variations from specification requirements of the Invitation to Bid.

If no particular brand, model, or make is specified, and if no data is required to be submitted with the bid, the City reserves the right to require any bidder to submit sufficient information to the Director of Purchasing to determine that the item(s)/service(s) offered comply with the requirements of the Invitation to Bid, and to reject any bid that does not meet said requirements

25. Specifications: The Bidder shall abide by and comply with the true intent of the specifications in the Invitation to Bid and not take advantage of any unintentional error or omission, but shall fully complete every part as the true intent and meaning of the specifications and drawings. Whenever herein mention is made of any article, material, or workmanship to be in accordance with laws, ordinances, building codes, underwriter's codes, A.S.T.M. standards, or similar expressions, the requirements of these laws, ordinances, etc. shall be construed as the minimum requirements of these specifications.

AWARD

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26. Award or Rejection of Bids: Award of a contract in response to the Invitation to Bid will be on the basis of the lowest responsible and responsive bidder complying with the provisions of the Invitation to Bid, provided the bid price is reasonable and it is to the interest of the City to accept it, or to the bidder whose offer provides the best value to the City if best value is indicated in the specifications as the method of award. The Director of Purchasing reserves the right to reject any or all bids and to waive any informality in bids received whenever such rejection or waiver is in the interest of the City. The Director of Purchasing reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid of a bidder where investigation shows the bidder is not in a position to perform the contract.

In determining responsibility, the Director of Purchasing shall consider:

a) The adequacy of the bidder’s financial resources or ability to obtain such resources, including insurance and bonding, if required. The Director of Purchasing may require that any bidder submit verified statements as to financial responsibility and experience, which statements shall be made on forms prescribed by the Director of Purchasing. Supplemental statements may be required at any time.

b) The ability of the bidder to comply with the required or proposed delivery or performance schedule.

c) The quality of performance of previous contracts or services.

d) The record of performance of the bidder and any proposed subcontractors on other contracts, and particularly on similar contracts had with the City.

e) The record of integrity of the bidder.

f) The availability to the bidder of the necessary organization, experience, operational controls and technical skills, and the necessary production, construction and technical equipment and facilities required for performance of the contract.

g) The compliance by the bidder with any special or general standards of responsibility set forth in the invitation for bids.

h) The compliance by the bidder with any other standards which may be established by the Director of Purchasing pursuant to rule or regulation.

i) No bidder shall be determined to be responsible who is in default on payment of any taxes, licenses or other moneys due to the City, or who has defaulted within two years for any reason on a contract with the City.

j) The ability of the bidder to provide future maintenance and service for the product(s) and/or service(s) purchased under this contract.

k) The ability to provide industry standard insurance coverage, in a form and in amounts acceptable to the City, that will fully reimburse the City of Rochester for any and all costs for loss or damages caused to City property while under the care and control of the bidder during the term of the contract.

l) Such other information as may be secured by the Director of Purchasing having a bearing on the decision to make the award.

m) The Director of Purchasing shall inform a bidder in writing of a non-responsibility determination and the reasons therefor.

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n) Upon making a non-responsibility determination, the Director of Purchasing may bar the bidder and affiliated organizations, as further set forth, from bidding on City contracts for a period of not to exceed two years. If a corporation is found to be a non-responsible bidder, that finding may be applied to a parent, affiliate or subsidiary corporation, if the Director of Purchasing finds that an officer, director or person directly or indirectly controlling 10% or more of the stock of the corporation found to be non-responsible is an officer, director or person directly or indirectly controlling 10% or more of the stock of the parent, affiliate or subsidiary corporation. If an unincorporated association is found to be non-responsible, that finding may be extended to other related associations upon a finding by the Director of Purchasing that the related associations have substantially the same ownership, management or operating personnel.

In determining if a bid is responsive, the Director of Purchasing shall consider deviations from the advertised specifications, including but not limited to factors that affect price, quantity, quality, compatibility to existing City equipment and operations for both function and aesthetics where these are important, expected performance, useful life of product, bonding or insurance requirements, or otherwise limit the bidder's liability. The Director of Purchasing reserves the right to reject any bid where it is not in the City’s best interest to accept any proposed deviation(s) from the Invitation to Bid. The Director of Purchasing further reserves the right to reject any bid where the proposed delivery date and/or delivery terms do not meet the specifications.

In determining the lowest bid, the Director of Purchasing reserves the right to determine the City’s lowest cost on a true “apples to apples” comparison and award on that basis if bidders submit different price lists, packaging, etc., or there are other factors that require the City to make a fair and reasonable comparison of prices bid. Unless otherwise specified, the City reserves the right to make an award per Total Bid Price, Group, combination of Groups or per Item or groups of Items, whichever method results in lower overall costs to the City after factoring in administrative and other costs from making multiple awards.

Where best value is the indicated basis for award, best value means the lowest cost to the City based upon the factors that are indicated in the bid that will be used to calculate best value. The factors used to determine the lowest best value bid shall be clearly identified in the method of award, shall be objective and quantifiable, and shall be determined to be in the City’s best interest.

27. Notice of Acceptance: Acceptance of a bid will be made by a Notification of Award, a City Purchase Order, or both. Acceptance of a bid by the Director of Purchasing shall be deemed to result in a binding contract without further action by either party. The contract shall constitute the Agreement between the City and the Contractor.

28. Tie Bids: If two or more bidders submit identical bids and are equally qualified, the decision of the City to make award to one or more such bidders shall be final. The City reserves the right to award a tie bid to a business with bona fide operations in the City over a non-City business, and/or an MWBE business over a non-minority business, and/or a business that employs the most city residents. Otherwise, selection may be made by a coin flip.

DELIVERY PROVISIONS

29. Responsibility for Materials Shipped and Risk of Loss: The Contractor shall be responsible for the products, materials or supplies covered by this contract until they are delivered to the designated point and received, properly installed if necessary, and accepted by the City, and the Contractor shall bear all risk on rejected materials or supplies. Rejected products, materials or supplies must be removed by and at the expense of the Contractor promptly after notification of rejection, unless public health and safety require immediate destruction or other disposal of rejected delivery. Upon failure to do so within ten (10) days after notification, the City may return the rejected products, materials or supplies to the Contractor at the Contractor’s risk and expense, or dispose of them as its own property.

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30. Inspections: Inspection and acceptance of products, materials, supplies and/or services will be made after delivery. Final inspection shall be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud. Final inspection and acceptance or rejection of the products, materials, supplies or services will be made as promptly as practicable, but failure to inspect and accept delivery shall not impose liability on the City for materials, supplies or services that are not in accordance with the specifications. All deliveries are accepted subject to inspection and physical count.

31. Time of delivery: Deliveries will be accepted between 9:00 A.M. and 4:00 P.M. on weekdays only, unless otherwise specified and arranged by the City. No deliveries will be accepted on Saturdays, Sundays or Holidays unless otherwise specified and arranged by the City.

32. Packing Slips, Delivery Tickets, Invoices: All shipments or deliveries shall be accompanied by Packing Slips or Delivery Tickets and shall contain the following information for each item delivered:

The purchase order number The name of the article and supplier’s stock number The quantity ordered The quantity shipped The quantity back ordered The name of the contractor

The City reserves the right to reject any delivery unless it is accompanied by packing slips or delivery tickets that provide the information specified above.

All invoices for products or services ordered from this contract must include the contract number and purchase order on the invoice, as well as accurate item/service description, quantity, unit price, total net cost to the City after discount, date of delivery and location of delivery.

The responsibility to submit a properly completed invoices rests entirely with the Contractor. The City reserves the right to reject any claim for payment/invoice that does not provide the information specified above.

33. FOB Destination Delivery: Unless otherwise specifically stated in the City's Invitation to Bid, all products, materials and supplies shall be delivered to the location designated by the City. The bidder shall include in the bid price all reasonable and necessary transportation, shipping, handling and delivery charges. The City will not accept and will not pay separate fuel surcharges that are not identified in the bid and accepted as part of the contract terms. Delivery shall not be complete until the products, materials and supplies are placed in the building, room, or other location as specified by the City in the bid documents or in the Purchase Order.

34. Delivery Failures: The City reserves the right to not pay or to only partially pay for delivered products and/or services that do not meet the specifications and terms and conditions of the contract. In addition, failure of a Contractor to deliver within the time specified, or within reasonable time as interpreted by the Director of Purchasing, or failure to make replacements of rejected articles when so requested, immediately or as directed by the Director of Purchasing, shall constitute authority for the Director of Purchasing to purchase in the open market comparable products or services rejected or not delivered.

On all such purchases, the Contractor shall reimburse the City within a reasonable time specified by the Director of Purchasing, for any expense incurred in excess of contract prices or the City shall have the right to deduct such amount from monies owed the non-performing Contractor. Such purchases shall be deducted from contract quantities. If required by public necessity, the City reserves the right to use or consume products and/or services delivered which are substandard in quality, subject to an adjustment in price to be determined by the Director of Purchasing.

OTHER CONTRACT PROVISIONS

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35. Bid Quantities – One Time Buy: Quantities stated in a One Time Buy Invitation to Bid signify the City’s intent to purchase the quantities indicated, unless prices received exceed available funding, or the City’s requirements change, in which case the City reserves the right to purchase less quantities at the prices offered if acceptable to the bidder. The City further reserves the right to purchase more than the quantities shown at prices offered if doing so is in the best interest of the City. Order quantities may be split by the City upon notification to the Contractor. Shipments by the Contractor may not be split or delayed without the prior approval of the City. The City will not be required to accept delivery of any unordered balances as of the contract expiration date unless the Contractor furnishes the Director of Purchasing with a statement of unordered balances not later than ten (10) days after the termination date of the contract and such late deliveries are approved by the Director of Purchasing.

36. Requirements Bid Quantities – Term Contracts: Quantities stated in a Term Contract Invitation to Bid are estimates only for the City’s requirements for the term of the contract. Therefore, the City will not guarantee that any quantities will be ordered during the contract term. The City will only be obligated to purchase and pay for products or services ordered and delivered at the unit prices in the contract.

Products and/or services will be ordered on term (blanket) or one-time buy purchase orders.

37. Non Exclusive Contract: The City’s intent in awarding a contract for this bid is to order the product(s) and/or service(s) specified herein from the Contractor awarded this contract. However, the City reserves the right to seek separate bids for product(s) and/or service(s) covered by this Contract at any time as may be in the best interest of the City, for reasons such as, but not limited to failure of the Contractor to meet the terms and conditions of the contract, substantial changes in the quantity estimates upon which the bid was based, substantial changes in market conditions, the Contractor offering lower prices to other governments or commercial consumers, or changes in the City’s requirements. The City further reserves the right to negotiate better pricing terms with the Contractor as an alternative to seeking new bids for reasons described above.

38. Availability of Funds: The City shall be obligated to pay for products and services received only to the extent that funds have been appropriated and encumbered for such purpose. The Contractor in turn shall be obligated to perform only so long as funds are available to pay for the goods and services it supplies.

If this contract extends through one fiscal year of the City into the next year, the City's obligations hereunder shall be specifically limited to and shall be conditioned upon the appropriations for such following year.

39. Contract Alterations: The contractual terms, conditions and provisions of this contract, including all general conditions and instructions to bidders, shall not be modified by the Contractor after award.

Alterations or changes in the specifications of the products or services furnished under this contract can only be made upon the written authorization signed by the Director of Purchasing, and any other alteration or modification that is not signed by the Director of Purchasing or a designated representative shall be void. Alterations in contract language shall further require the approval of the City Department of Law.

40. Term of Contract: This contract shall remain in force for the period specified unless extended by mutual consent of both parties or terminated as provided herein.

41. Termination of Contract: This contract shall remain in force for the period specified and until all products or services ordered before date of termination shall have been satisfactorily delivered and accepted, and thereafter until all requirements and conditions shall have been met, unless:

a) terminated prior to expiration date by satisfactory deliveries of entire contract requirements,

b) terminated in writing by mutual agreement for reasons acceptable to the Director of Purchasing,

c) extended upon written authorization of the Director of Purchasing and accepted by Contractor, to permit ordering of unordered balances or additional quantities at contract prices and in accordance with contract terms.

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42. Assignment of Contract and Subcontracting: It is mutually understood and agreed that the Contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract or the Contractor’s right, title or interest therein, or the Contractor’s power to execute such contract, to any other person, firm or corporation without the previous written consent of the Director of Purchasing. Even if such consent is granted, in no case shall such consent relieve the Contractor from the Contractor’s obligations, or change the terms of the contract.

It is further mutually understood and agreed that for any services required by the contract, that the Contractor will not use a subcontractor to perform any or all services without the express prior consent of the City. Further, that the City has the right, in its sole discretion, to not accept or approve the use of any subcontractor, for any reason that the City determines is in its best interest. Further, if the Contractor uses a subcontractor that has not been approved by the City, the City reserves the right to terminate the contract and proceed subject to these General Terms and Conditions.

43. Default: The contract may be cancelled or annulled by the Director of Purchasing in whole or in part by written notice of default to the Contractor upon non-performance or violation of contract terms. The City may proceed to meet its requirements by awarding a contract to another bidder, seeking new bids, and/or obtaining products/services specified on the open market. In any event, the defaulting Contractor (or the surety) shall be liable to the City for costs to the City in excess of the defaulted contract prices.