523630 TAPPING SLEEVES.pdf

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

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

PRINTED NAME OF BIDDER

TAPPING SLEEVES

Invitation to Bid No. 523630 Issued: August 11, 2025

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

BID CLOSING: Wednesday, August 27, 2025 at 11:00 a.m.

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

Sealed Bids are to 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. If specified herein, you may submit your sealed bid electronically through BidNet prior to the closing date and time. Only submit one bid

- either in hard copy or electronically (if permitted).

This Invitation to Bid includes 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: TERM, ONE YEAR WITH OPTION TO EXTEND

Bid Deposit Requirement: NONE

Performance Security Requirement: NONE

Insurance Requirement: NONE

Samples Requirement: YES, UPON REQUEST

Descriptive Literature/Technical Data Requirement: NONE

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

https://cityofrochester.zoom.us/j/4564119010

523630 1

1. SCOPE

It is the intent of the City of Rochester to establish a contract for the following items that meet the specifications for qualified products for the City Water Bureau:

1.1 Ductile or Cast Iron TAPPING SLEEVES.

1.2 Stainless Steel TAPPING SLEEVES

2. QUALIFIED PRODUCTS

2.1 The following Ductile or Cast Iron tapping sleeves are pre-approved by the Water Bureau:

2.1.1 U.S. Pipe Valve and Hydrant Division – T-28. Sleeve shall be ordered to fit outside diameter (O.D.) of pipe being tapped. Hardware to be fluorocarbon coated.

2.1.2 Mueller Company – H615/H616 (≤ 24"). Sleeve shall be ordered to fit outside diameter (O.D.) of pipe being tapped. Hardware to be fluorocarbon coated.

2.1.3 Tyler Pipe – T Tyler Mechanical Joint Tapping Sleeve. Sleeve shall be ordered to fit outside diameter (O.D.) of pipe being tapped. Hardware to be fluorocarbon coated.

2.2 The following ALL STAINLESS STEEL tapping sleeves are pre-approved by the Water Bureau:

2.2.1 Mueller Model H-304 Stainless Steel Tapping Sleeve (main sizes ≤ 24" with outlet sizes ≤ 12"). Stainless steel test plug, flange and hardware. Furnish with coated stainless steel nuts to prevent seizing and galling.

2.2.2 Power Seal Pipeline Model 3490AS Stainless Steel Tapping Sleeve (main sizes ≤ 24" with outlet sizes ≤ 8"). Stainless steel test plug, flange and hardware.

Stainless steel nuts to have fusion bonded coating to prevent seizing and galling.

2.2.3 Ford Meter Box Model FTSS Stainless Steel Tapping Sleeve (main sizes ≤ 16" with outlet sizes ≤ 12"). Stainless steel test plug, flange and hardware. Furnish with coated stainless steel nuts to prevent seizing and galling.

2.3 The brand name and part numbers referenced in this bid document establish the quality and performance characteristics required. Items of equal or better quality and performance may be considered.

2.4 For products that are not pre-approved, either by brand name reference in the bid documents or by being listed in the City of Rochester Water Bureau's Approved Products List, the bidder shall submit the following documentation with their bid.

2.4.1 Technical data and detailed drawings of the product that includes product dimensions, weight and a description of component materials.

2.4.2 Certification from an accredited independent third party North American laboratory verifying that the product meets or exceeds all material and

523630 2 performance standards and specifications. Laboratories shall be accredited to ISO/IEC 17025 by a nationally recognized laboratory accreditation/ certification agency, including but not limited to: the American Association for Laboratory Accreditation, Laboratory Accreditation Bureau and the National Voluntary Laboratory Accreditation Program.

2.4.3 For those products that will come in contact with potable water, certification from an accredited independent third party North American laboratory that the product is in compliance with NSF/ANSI Standard 61.

2.4.4 A reference list of agencies that have used the product for an extended period of time (preferably 5 years or more). The list shall include the manufacturer’s name and model number of the product, the name and address of the agency using the product and the name, title and telephone number of the contact person at the agency.

2.4.5 Proof that the manufacturer of the product has received ISO 9001 certification.

2.5 When a non-pre-approved product is proposed by the low bidder, the City reserves the right to request that the low bidder furnish the City with a sample of the product. The low bidder will be responsible for all costs associated with furnishing this sample to the City.

2.6 If additional product information is required for the City to evaluate the product, the vendor must submit all additional information within fifteen (15) calendar days of its request. If additional information is not received within fifteen (15) calendar days of its request, the City reserves the right to reject the bid and award the contract to the next lowest responsible bidder.

2.7 The City, in its sole discretion, reserves the right to waive any of the above listed requirements, if it determines that they are not necessary to evaluate the product.

3. SPECIFICATIONS

Products offered must meet the specifications provided in Appendix “A”.

4. CONTRACT TERM

4.1 The contract(s) resulting from this Bid Invitation shall commence on the date of award and end on August 31, 2026.

4.2 The City may extend this contract under the same terms and conditions for up to three

(3) additional years, in increments of one (1) year or less upon the mutual agreement of both parties.

5. METHOD OF AWARD

5.1 Award will be made to the lowest responsive and responsible bidder whose bid is the lowest best value offer to the City by Total Bid Price unless the City determines that it is in its best interest to award by Item or Group if doing so results in lower overall costs after factoring in the costs of making multiple awards.

523630 3

5.2 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.

5.3 Bidders must include in their bid price all reasonable and necessary transportation, shipping, handling and delivery charges. The City of Rochester does not pay fuel surcharges.

5.4 The Director of Purchasing may reject any bidder who proposes an unacceptable product or cannot prove to the satisfaction of the Director of Purchasing its ability to execute the terms and conditions of this contract.

5.5 The City of Rochester reserves the right to reject any and all bids or proposals of the best interest of the City will be served by such action.

6. DELIVERY

6.1 Delivery shall be F.O.B. truck tailgate, Rochester Water Bureau Materials and

Equipment, 401 Dewey Avenue, Building 4 Loading Dock, Rochester, N.Y., 14613.

6.2 Delivery shall be made within thirty calendar days after receipt of order (ARO). If this time is unacceptable, the bidder shall state the period of time in which guaranteed delivery will be made after receipt of each order.

6.3 Delivery times in excess of thirty (30) days may be deemed unacceptable and therefore cause for rejection of bid.

6.4 The Water Bureau's Materials and Equipment Division must be notified forty-eight (48) hours prior to delivery at (585) 428-7500.

7. QUANTITIES

7.1 The quantities shown on the Proposal Page are estimates only. Where a quantity of one (1) is indicated, this is to establish a price in case that item is needed.

7.2 The City will make no guarantees whatsoever about the quantities which will actually be ordered.

7.2.1 Quantities may be substantially more or less than shown on the Proposal.

7.2.2 The contract will be for the actual quantities ordered during the contract term ordered by City purchase orders.

523630 4

7.3 The City reserves the right to negotiate a better price for any item(s) with the contractor if a larger quantity is ordered than is shown on the Proposal. The City further reserves the right to advertise for any unanticipated requirements of substantial quantities, if the Director of Purchasing deems it to be in the best interest of the City of Rochester.

8. CANCELLATION OF CONTRACT

8.1 Should the successful bidder fail to meet a delivery date required by the specifications, the City may, at its discretion, cancel the order(s) and terminate the contract. In such event, the City will assume no responsibility for any expense or loss to the contract vendor because of such cancellation.

8.2 A contract may be canceled at the successful bidder’s expense upon non-performance or poor performance on ten (10) calendar days’ written notice.

8.3 If a successful vendor exhibits a history of back orders or delayed deliveries, the City reserves the right to rescind their award and to disqualify them from future bidding.

9. INVOICES AND PAYMENT

9.1 Payment will be based on any invoice used in the contractor's normal course of business. However, payment will not be made unless the invoice is clearly legible, and contains at a minimum all of the following information consistent with how the item(s)/service(s) are ordered:

9.1.1 Accurate item description

9.1.2 Catalog number of the item

9.1.3 Quantity

9.1.4 Unit price per item

9.1.5 Net total cost to the City, after discount

9.1.6 City contract number

9.1.7 City Purchase Order number

9.1.8 Date of delivery

9.1.9 Location of delivery

9.2 The responsibility to submit a properly completed invoice rests entirely with the contractor. Failure to submit a properly completed invoice will result in delay or rejection of a claim for payment.

10. REQUEST FOR PRICE CHANGE

10.1 Prices bid for the specified items shall remain firm for the initial contract term.

523630 5

10.2 Request for price increases to take effect during a contract extension must be submitted with the offer to extend or earlier. A price increase may be considered under the following conditions:

10.2.1 Written notification from the manufacturer to the contractor stating there will be a price increase and the amount.

10.2.2 Written notification from the contractor to the Director of Purchasing requesting a price increase and accompanied by the manufacturer's letter.

10.2.3 A decision to grant a price increase during the extension period will rest solely with the Director of Purchasing.

11. NON-SPECIFIED:

11.1 The City reserves the right to negotiate prices with and order from the contractor, non-specified items or services that are comparable to and/or complement the items or services specified herein.

11.2 Prior to any order or purchase, the contractor will be required to submit a written quote to the Office of the Director of Purchasing for authorization and/or approval. Approved items will be added to the contract.

11.3 Items supplied or services rendered without the prior consent of Purchasing will not be paid for by the City.

12. W-9

A W-9 is required with each bid.

13. SUBMITTAL OF BIDS

13.1 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 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.

13.2 For this bid, instead of submitting a hard copy per Section 13.1, 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, bid specifications, addenda and any support documentation required. Electronic bid proposals are date and time 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.

523630 6

11.3 Bidders should not submit two bids. Submit a bid either in hard copy per Section 13.1 or electronically per Section 13.2. 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

Wednesday, August 27, 2025 at 11:00 a.m.

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 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.

https://cityofrochester.zoom.us/j/4564119010 http://www.bidnetdirect.com/ http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf

523630 7

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 that subdivision and the contractor. The City will have no responsibility for any such purchases and will have no other role 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 which have been quoted in this bid have not knowingly been disclosed by the bidder and will not knowingly be disclosed prior to the bid 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.

523630 8

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.

GROUP A: CAST IRON OR DUCTILE IRON TAPPING SLEEVES

RWW P/N MFG. PART NO. NSF-61 CERT.Y/N SIZE UNIT PRICE EST.QTY. TOTAL

0931 4” x 4” $ x 1 = $____________

0932 6” x 4” $ x 1 = $____________

0933 6” x 6” $ x 1 = $____________

0934 8” x 4” $ x 1 = $____________

0935 8” x 6” $ x 1 = $____________

0936 8” x 8” $ x 1 = $____________

0937 10” x 6” $ x 1 = $____________

0938 10” x 8” $ x 1 = $____________

0939 12” x 6” $ x 2 = $____________

0940 12” x 8” $ x 1 = $____________

0941 12” x 12” $ x 1 = $____________

0942 16” x 4” $ x 1 = $____________

0943 16” x 6” $ x 1 = $____________

0944 16” x 8” $ x 1 = $____________

0945 20” x 6” $ x 1 = $____________

Authorized Signature Typed Name and Title of Authorized Signer

Typed/Printer Name of Company (Continued through Page 14)

523630 9

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

GROUP A: CAST IRON OR DUCTILE IRON TAPPING SLEEVES (continued)

RWW P/N MFG. PART NO. NSF-61 CERT.Y/N SIZE UNIT PRICE EST.QTY. TOTAL

0946 20” x 8” $ x 1 = $____________

0947 24” x 6” $ x 1 = $____________

0948 24” x 8” $ x 1 = $____________

0949 30” x 6” $ x 1 = $____________

0950 30” x 8” $ x 1 = $____________

GROUP A: TOTAL BID PRICE $__________________

GUARANTEED DELIVERY: CALENDAR DAYS AFTER RECEIPT OF ORDER (A.R.O.)

PROPOSED MANUFACTURER: ___________________________________________

Website Address of the third-party laboratory (not the manufacturer), that certifies the proposed products as ANSI/NSF-61 certified:

Typed Name of Company

523630 10

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

GROUP B: STAINLESS STEEL TAPPING SLEEVES

RWW P/N MFG. PART NO. NOM. SIZE O.D. RANGE UNIT PRICE EST.QTY. TOTAL

1988 6” x 4” 6.90” – 7.30” $ x 1 = $_____________

1989 6” x 4” 7.10” – 7.50” $ x 1 = $_____________

1992 8” x 4” 8.95” – 9.35” $ x 1 = $_____________

1993 8” x 4” 9.20” – 9.60” $ x 1 = $_____________

1994 8” x 6” 8.95” – 9.35” $ x 1 = $_____________

1995 8” x 6” 9.20” – 9.60” $ x 1 = $_____________

1998 10” x 6” 11.00” – 11.40” $ x 1 = $_____________

1999 10” x 6” 11.40” – 11.80” $ x 1 = $_____________

2000 10” x 8” 11.00” – 11.40” $ x 1 = $_____________

2001 10” x 8” 11.40” – 11.80” $ x 1 = $_____________

2002 12” x 6” 13.20” – 13.60” $ x 1 = $_____________

2003 12” x 6” 13.40” – 13.80” $ x 1 = $_____________

2004 12” x 8” 13.20” – 13.60” $ x 1 = $_____________

1973 12” x 8” 13.40” – 13.80” $ x 1 = $_____________

1976 16” x 6” 17.40” – 17.80” $ x 1 = $_____________

1977 16” x 6” 17.76” – 18.16” $ x 1 = $_____________

523630 11

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

GROUP B: STAINLESS STEEL TAPPING SLEEVES (continued)

RWW P/N MFG. PART NO. NOM. SIZE O.D. RANGE UNIT PRICE EST.QTY. TOTAL

1978 16” x 8” 17.40” – 17.80” $ x 1 = $_____________

1979 16” x 8” 17.76” – 18.16” $ x 1 = $_____________

1980 20” x 6” 21.40” – 21.80” $ x 1 = $_____________

1981 20” x 6” 21.90” – 22.30” $ x 1 = $_____________

1982 20” x 8” 21.40” – 21.80” $ x 1 = $_____________

1983 20” x 8” 21.90” – 22.30” $ x 1 = $_____________

1984 24” x 6” 25.60” – 26.00” $ x 1 = $_____________

1985 24” x 6” 26.10” – 26.50” $ x 1 = $_____________

1986 24” x 8” 25.60” – 26.00” $ x 1 = $_____________

1987 24” x 8” 26.10” – 26.50” $ x 1 = $_____________

GROUP B: TOTAL BID PRICE $__________________

GUARANTEED DELIVERY: CALENDAR DAYS AFTER RECEIPT OF ORDER (A.R.O.)

PROPOSED MANUFACTURER: ___________________________________________

Website Address of the third-party laboratory (not the manufacturer), that certifies the proposed products as ANSI/NSF-61 certified:

523630 12

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

SUMMARY SHEET

GROUP A TOTAL BID PRICE: $ _______________________

GROUP B TOTAL BID PRICE: $ _______________________

GRAND TOTAL BID PRICE: $___________________________

(Fill in only if bidding all Groups)

W-9 Included?

If NYS MWBE-Certified, check here:

523630 13

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, and reference 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.

523630 14

PRINT OR TYPE THE FOLLOWING INFORMATION:

Name of Firm or Corporation

Street Address

City State Zip Code

Telephone & Fax Nos. Federal Employer ID No.

E-mail Address of Company Employee authorized to receive Contract Information

Date: ________________

ACCEPTED ON BEHALF OF THE CITY OF ROCHESTER FOR:

Contract No. Contract Term:__________________________

Director of Purchasing

Date

523630 15

City of Rochester

Bureau of Purchasing

Department of Finance

GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS

The general rules 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 entirely 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

523630 16 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 if the bidder agrees to an extension upon request of the Director of Purchasing or otherwise does not formally withdraw the bid.

7. Conditional Bids: Qualified bids are subject to rejection in whole or in part.

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

9. Bids for All or Part: Unless otherwise specified by the City or by the bidder, the Director of Purchasing reserves the right to make 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.

10. Errors in Bids: When an error is made in extending total prices, the unit bid price will govern.

Carelessness in quoting prices, or in preparation of bid otherwise, will not relieve the bidder.

Erasures or changes in bids should be initialed.

11. 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, in ample time before the bid closing date.

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.

12. 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.

13. 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. Multiple bids in whole or in part will be rejected unless specifically requested as options or alternates in the specifications

523630 17

14. Taxes: The City of Rochester is exempt from State and Local sales and use taxes under 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, construction, 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 upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to said 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 facilities, pecuniary resources and adequate insurance to comply with the terms of these specifications and contract documents.

BID AND PERFORMANCE SECURITIES

17. 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, 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, 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.

18. 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.

19. 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

523630 18 sign bid bonds must file with each bond a certified copy of their power of attorney to sign said bonds.

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.

20. 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

21. Trade Names: In cases where an item is identified by a manufacturer's name, trade name, 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 name brand is intended to be descriptive but not restrictive and only to indicate to the prospective bidder products(s) and/or services(s) that will be satisfactory. Bids on other makes and catalogs will be considered, provided each bidder clearly states on the face of the Proposal exactly what the bidder proposes to furnish, and includes with the bid, sufficient information 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, including but 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 are 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

523630 19

22. 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

23. 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 also 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. 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.

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

d) The record of integrity of the bidder.

e) 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.

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

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

h) 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.

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

523630 20

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

k) The Director of Purchasing shall inform a bidder in writing of a nonresponsibility determination and the reasons therefor.

l) Upon making a nonresponsibility 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 nonresponsible 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 nonresponsible 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 nonresponsible, 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 a bidder's responsiveness, the Director of Purchasing shall consider material deviations from the advertised specifications, including but not limited to factors that materially affect price, quantity, quality, compatibility to existing City equipment and operations for both function and aesthetics where appropriate, expected performance, useful life of product, or limit the bidder's liability.

24. 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.

25. 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 of 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, and/or a business that employs the most city residents. Otherwise, selection may be made by drawing lots.

26. 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, 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.

27. 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. The City will only be obligated to purchase and pay for products or services in a term contract ordered and delivered at the unit prices in the contract. Products and/or services may be ordered on term (blanket) or one-time buy purchase orders.

523630 21

28. 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, 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.

29. Availability of Funds: The City shall be obligated to pay for products and services received only to the extent that funds has 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.

30. 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.

31. 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.

32. Termination of Contract: This contract shall remain in force for the periods 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.

33. Subletting of Contract: 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.

34. 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

523630 22 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. Failure of the Contractor to deliver products or services within the time stipulated in the bid and on the Proposal, unless extended in writing by the Director of Purchasing, shall be deemed to be a default of contract.

35. Delivery Failures: 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…