Water and Sewer Parts RFP_FINAL.pdf

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Attached to
2025 Water and Sewer Parts bid
Solicitation number
2121969
Issued by
Oneida County, New York

About this file

The document is a Request for Proposals (RFP) from the City of Canandaigua Department of Public Works for water and sewer parts. The RFP seeks sealed bids for a comprehensive list of water and sewer parts, including repair clamps, couplings, restraint devices, pipe, fittings, valves, hydrants, service saddles, and various brass and tracer wire components. The bid opening is scheduled for Friday, May 23, 2025 at 10 am, with an anticipated contract award on Monday, June 16, 2025, and substantial completion by July 31, 2025. The contract will initially run through June 15, 2026, with the option to extend for two additional one-year periods upon mutual consent of both parties.

The RFP specifies detailed technical requirements for each part, including acceptable manufacturers, specific models, and technical specifications. Bidders must submit a complete bid package including a questionnaire form, addendum acknowledgement, bid page, and a non-collusive proposal certification. The City reserves the right to waive informalities, reject any or all bids, and make awards based on factors including compliance with bid documents, specifications, past project performance, delivery methods, and sustainability approach. The pricing will be unit-based, with bidders required to provide unit prices for each listed item. The City has also established standard insurance requirements, including minimum coverage limits for various types of liability, workers' compensation, and other standard municipal contract provisions.

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Text version

Department of Public Works 205 Saltonstall Street

Canandaigua, NY 14424 585-396-5060

ADVERTISEMENT FOR BIDS

May 1, 2025

NOTICE TO BIDDERS

Sealed bids to provide Water and Sewer part pricing for the Department of Public Works, will be received at the Public Works Facility, 205 Saltonstall Street, Canandaigua New York until 10 am on

Friday, May 23, 2025 when they will be publicly opened and read.

All bids shall be in accordance with the request for sealed bids furnished by and obtainable at the

Department of Public Works, 205 Saltonstall Street, Canandaigua, New York 14424 by contacting

Joanne Devlin, jdevlin@canandaiguanewyork.gov or 585-337-2144.

Any questions or clarifications should be directed to Sarah Brown sbrown@canandaiguanewyork.gov.

Sarah L. Brown Director of Public Works mailto:jdevlin@canandaiguanewyork.gov mailto:sbrown@canandaiguanewyork.gov

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BID SPECIFICATIONS

Water and Sewer Parts

NOTE: This entire document must be submitted when quoting. Do not detach any pages.

The City of Canandaigua requests sealed bids to provide Water and Sewer part pricing for the Department of Public Works.

All bids must be submitted on the attached Bid Proposal Form and include the Non-Collusive Bid Certificate as well as all other data requested on the Bid Proposal Form.

The bid proposal notice shall be part of the specifications.

No bids may be withdrawn after bid opening. All bids shall be in effect up to forty-five (45) days after bid opening.

The City reserves the right to waive any informalities or accept or reject any or all bids or options that it deems to best serve the needs of the City of Canandaigua.

INFORMATION TO BE FURNISHED WITH BID

The Bidder shall submit with its bid; company history, experience with the required work and three references from current or former customers.

Bids offered without said data may be declared “Informal”.

The City, however, reserves the right to request additional information deemed necessary for proper evaluation of bids.

PAYMENT

The Bidder shall bill the City monthly. Payment will be made by the City upon receipt of an invoice within thirty (30) days after receipt of the invoice.

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PREPARATION OF PROPOSAL

The proposal is contained in these contract documents and MUST NOT BE DETACHED by any bidder when submitting a proposal.

THE BIDDER MUST RETURN THE BID DOCUMENT INTACT. REMOVAL OF ANY PART

THEREOF MAY INVALIDATE THE BID.

All blank spaces on the questionnaire page or pages must be filled in. Answers must be stated for each and every item, either typed or written in ink.

COMPLIANCE WITH LAWS

The Bidder shall at all times observe and comply with all laws, ordinances, and regulations of the Federal, State, Local, and City Government, which may in any manner affect the preparation of proposals or the performance of this Contract.

TAX

The City of Canandaigua is exempt from paying Manufacturer’s Excise, Floor or Sales Tax and for that reason; the Bid Price shall not include any tax on the items specified. The City of Canandaigua will furnish a signed exemption form covering the tax, if any, applying to the item or items covered by these specifications, as may be required by law.

AWARDING CRITERIA

While the purpose of the specifications is to indicate certain minimum requirements, its use is not intended to relieve the City of all responsibility in making a selection which is the most suitable for the City’s service.

Although proposals may be received based on the minimum requirements indicated, it is not intended that this alone shall limit the award but other factors may be considered, including the experience of the City and others.

In making any award the City will evaluate the bids received, considering such factors as listed below, as well as other factors, which are considered pertinent:

a. Compliance with Bid Document terms and conditions.

b. Compliance with Specifications.

c. Satisfactory completion of past similar projects

d. Tenderer creativity with their delivery methods and execution

e. Sustainability and environmental approach

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QUESTIONS OR CLARIFICATIONS

All requests for information (RFI) regarding this RFP shall be submitted in writing to Sarah Brown, City of Canandaigua, Department of Public Works, 205 Saltonstall Street, Canandaigua, NY or emailed to sbrown@canandaiguanewyork.gov. Answers to all questions will be provided by addendum to all plan holders. The last date for RFIs to be received will be Friday, May 16, 2025. If needed, the final addendum for this bid will be issued on Tuesday, May 20, 2025.

During the bid process, and prior to bid submittal is the time to request any clarifications, as the City reserves the right to reject any proposals that do not meet specifications because questions were not asked.

REJECTION OF BIDS

The City of Canandaigua reserves the right to reject any and all bids, options, or proposals if the best interest of the City will be served by such action.

INFORMALITITES

The City of Canandaigua reserves the right to consider INFORMAL a bid not prepared and submitted in accordance with the provisions of these specifications.

MINIMUM ORDER

No minimum order is specified for this contract. The Department of Public Works must be able to order parts as needed.

CONTRACT TERM

Contract and pricing will go into effect with the date of the contract award and run through June 15, 2026, with the option to extend the contract for up to two (2) additional one-year periods upon the mutual consent of both parties. If mutually agreed between the City and the Contractor, the contract may be extended under the same terms and conditions, with the same pricing, for two (2) additional periods, each not to exceed twelve months.

In the event the City elects to exercise the right of extending the contract period, the City will so notify the contractor(s) in writing at least 60 days prior to the anniversary of contract issuance date, to determine if the contractor agrees to extend the contract.

mailto:sbrown@canandaiguanewyork.gov

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DELIVERY

All deliveries are to be F.O.B. DPW as specified by a Purchase Order. Deliveries must be made within two (2) weeks after receipt of purchase order number (unless specified, pre-approved/pre-coordinated arrangements have been made).

PURCHASE ORDER ISSUANCE

Delivery of goods may be directed by the receipt of a Purchase Order only. A Purchase Order will be issued by an authorized agent of the Department of Public Works and will list the quantity and types of products to be purchased with reference to the contract pricing.

Schedule

• Bid opening – Friday, May 23, 2025 at 10 am at the Hurley Building, 205 Saltonstall Street

• Anticipated contract award – Monday, June 16, 2025

• Substantial completion – July 31, 2025

Bid Proposal Checklist:

Questionnaire Form

Addendum Acknowledgement Form

Bid Page

Non-Collusive Certificate

SCOPE OF WORK

The below list represents the detailed list of parts/pieces that the Department of Public Works requests unit pricing on. The list of acceptable manufacturers for each product is listed. The Bid Page is then formatted such that it can be printed and all unit pricing referencing the below sheet can be filled in.

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Item # Product Acceptable Manufacturer Model/Style Description/Comments

Water Parts

W.1 Repair Clamp TPS

6” to 24” All stainless-steel, drop-in bolt design repair clamp.

Meeting ANSI/NSF Standard 61. Band and bolts to be 18-8 (Type

304) stainless steel. Sidebars and guides to be 18-8 (Type 304) heavy gauge stainless steel TIG welded to form a strong permanent fusion. All available widths

Nuts to be fluoro- carbon coated. Gasket to be gridded virgin SBR gasket meeting ASTM D2000.

Optional outlet tap to be 18-8 (Type 304) stainless steel and fused to band by TIG weld. Threaded opening to be ¾” CC (AWWA) tapered thread. TPS Quick Cam Rapid Seal, Ford FLS1 or approved equal.

W.2 Couplings

TPS 2"- 12" TX3 Extended Range Transition Coupling

Body and End Ring Materials: Middle Ring - Carbon Steel (ASTM A53 Grade A or A795 Carbon Steel) and End Ring - ASTM A283 Grade D Gasket Bridge-Plate Material: ASTM A240 Type 304 Stainless Steel Coating: Proprietary four stage NSF-61 Registered Fusion-bonded Epoxy Coating.

Bolts, Nuts, Spacers, Washers: (ASTM A193 Grade B, 18-8 Type 304) Stainless Steel with Fluorocarbon Coating on nuts, bolts, and washers provides positive anti-seize compound on all threads to prevent galling.

Nuts work with conventional water works standard 1-1/16” wrenches. (2, 3, 4” sizes use a 3/4” wrench).

Gasketing System: The Patented dual layer adjustable and fully replaceable inner gasket system is compounded of high grade NBR (Nitrile) and is rated for potable water, wastewater, sewer line content and liquid hydrocarbons. The TX3 Coupling meets NSF-61 and NSF-372 standards for contact with drinking water

Hymax 4-12" Hymax Coupling

All cast components (end ring, center ring and bolt guide) to be ductile iron meeting ASTM A536, grade 65-45-12.

Gasket to meet ASTM D2000 and NSF 61 certification, minimum pressure rating 230 psi. Draw hook fasteners, bolts and nuts to be 304 stainless steel. Finish to be fusion bonded epoxy. Macro HP as manufactured by Romac Industries or Hymax Coupling as manufactured by Krausz, USA.

W.3 Restraint Devices (Ductile Iron Pipe)

EBAA Iron, Inc.

Megalug Series 1100 (M.J. Fitting to DI Pipe), Megalug Series 1700 (D.I. Push-On Pipe Harness)

MEGA-BOND © coating on body and wedges, fluorocarbon coated M.J. hardware.

Ford Meter Box Co. Uniflange Series 1400 (M.J. Fitting to D.I. Pipe), Uniflange Series 1450 (D.I. Push-on Pipe Harness

E-coating on body and wedges, fluorocarbon coated M.J. hardware

Infact Corporation Foster Adapter For restraint of M.J. ductile iron water main, fittings and valves to M.J. ductile iron water main, fittings and valves (excluding hydrants)

HYMAX (A Mueller Brand)

HYMAX Grip, 4" - 12" diameter Fusion Bonded Epoxy coating, Type 304 stainless steel hardware

U.S. Pipe (A Quikrete Company)

Field Lock 350 © Gasket For restraint of push-on joint ductile iron pipe joints.

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W.4

Restraint Devices (AWWA

C909 PVCO

Pipe)

EBAA Iron, Inc.

Sizes ≤ 12" Nominal Diameter. Megalug Series 19MJ00 (M.J.

Fitting to PVCO), Series 2600 (PVCO to PVC Fitting), Series 1900 (PVCO Push-on)

MEGA-BOND® coating on body and wedges, fluorocarbon coated M.J. hardware. See PVCO pipe M.J.

torque recommendations.

Ford Meter Box Co.

Sizes ≤ 12" Nominal Diameter. Uniflange Series 1500 or Series 1309 (M.J. Fitting to PVCO Pipe), Series 1369 (PVCO Pipe to PVC Fitting), Series 1399 (PVCO Push-On)

Fluorocarbon coated M.J. hardware. See PVCO pipe M.J. torque recommendations.

HYMAX (A Mueller Brand)

HYMAX Grip, 4"-12" diameter Fusion Bonded Epoxy coating, Type 304 stainless steel hardware.

Tyler Union Sizes ≤ 12" Nominal Diameter. TUF Grip Series 2000 (M.J. Fitting to PVC Pipe), Domestic Version Only.

TUF-Bond™ coating on gland and e-coating for wedge, and wedge bolts; fluorocarbon coated M.J.

hardware.

W.5 MJ Gaskets NAPAC 3" -12" MJ Gaskets

Gasket dimensions are per ANSI/AWWA C111/A21.11 standard product drawings. Each gasket manufactured at Specification Rubber Products will be marked with size, mold number, cavity number, manufacturer's mark (SRP), country of origin(USA), NSF-61 (if applicable), date (month/year), and product type (MJ, TRANS). If the gasket is produced from any material other than SBR, the polymer type will be printed on the gasket.

W.6 T-Bolts and Nuts

Birmingham Fastener Manufacturing

Fluorocarbon Coated T-Head Bolts and Nuts, Blue

Trumbull Manufacturing

T-Head Bolts and Nuts; corrosion-resistant, high- strength, low-alloy steel in accordance with ANSI/AWWA C111/A21.11, that has a baked-on ceramic-filled fluorocarbon resin, Blue

W.7 Warning Tape

Presco 3" Wide Detectable Underground Warning Tape Blue, imprinted with "CAUTION BURIED WATER LINE BELOW".

Pro-Line Safety Products

3" Wide Detectable Underground Warning Tape Blue, imprinted with "CAUTION WATER LINE BURIED BELOW".

Terra Tape 3" Wide Sentry Line Detectable Blue, imprinted with "CAUTION WATER LINE BURIED BELOW".

W.8 Fittings - Ductile Iron

AMERICAN Cast Iron Pipe Company

M.J. Full Body (AWWA C110) or Compact (AWWA C153), SBR gaskets. Nitrile gaskets to be used in potential petroleum contaminated soils.

Double thickness cement mortar lining w/ asphalt coating.

U. S. Pipe (A Quikrete Company)

M.J. Full Body (AWWA C110) or Compact (AWWA C153), SBR gaskets. Nitrile gaskets to be used in potential petroleum contaminated soils.

Double thickness cement mortar lining w/ asphalt coating.

Tyler Union M.J. Full Body (AWWA C110) or Compact (AWWA C153), SBR gaskets. Nitrile gaskets to be used in potential petroleum contaminated soils.

Epoxy coated or double thickness cement mortar lining w/ asphalt coating.

W.9 Pipe - Anchor Pipe

U. S. Pipe (A Quikrete Company)

Anchor x Anchor w/ Welded Ring; Anchor x Anchor w/ Snap Ring.

Both have rotating glands for any orientation.

Anchor Pipe shall be epoxy coated or cement mortar lining w/ asphalt coating. Anchor pipe couplings are "plain end" mechanical joint fittings, with a rotating follower gland on each end.

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W.10 Pipe - Ductile Iron

McWane Ductile Tyton Joint Pipe, 4"-36", SBR gaskets. Nitrile gaskets to be used in potential petroleum contaminated soils.

Class 52 (domestic system) and Class 56 (Holly system), double thickness cement lined asphalt coated.

U. S. Pipe (A Quikrete Company)

Tyton Joint Pipe, 3"-64", SBR gaskets. Nitrile gaskets to be used in potential petroleum contaminated soils.

Class 52 (domestic system) and Class 56 (Holly system), double thickness cement lined asphalt coated.

American Ductile Iron Pipe

Fastite Joint Pipe, 4"-64", SBR gaskets. Nitrile gaskets to be used in potential petroleum contaminated soils.

Class 52 (domestic system) and Class 56 (Holly system), double thickness cement lined asphalt coated.

W.11 Pipe - PVCO IPEX Bionax CIOD Gasketed PVCO Pressure Pipe, 4"-30" AWWA C909, Pressure Class 235 (domestic system only) SBR gaskets unless otherwise noted. Note recommended bolt torques for M.J. fittings.

JM Manufacturing - JM Eagle

Ultra-Blue PVCO C909, 6" - 12" for Pressure Class 235 AWWA C909, Pressure Class 235 (domestic system only) SBR gaskets unless otherwise noted. Note recommended bolt torques for M.J. fittings.

W.12 Tracer Wire (Open Cut)

Pro-Line Safety Products PE 30 Tracer Wire, #12 AWG solid, 30 mil blue HDPE insulation

Performance Wire and Cable

#12 AWG solid, 30 mil blue HMWPE insulation

Kris-Tech Wire Company

#12 AWG solid, 30 mil blue HMWPE insulation; ASTM

W.13

Tracer Wire Splices (Connection of Service Wire to Main Wire)

King Innovation Dryconn Direct Bury Lug Aqua For use in connecting service tracer wire with main tracer wire without cutting main wire.

Blackburn Bronze Split Bolt Connector, Range for Equal Main and Tap Conductor = #10 Str. - #12 Solid, Model No. E9H25

W.14 Gate Valves (16"-24")

Clow Valve Company

AWWA C515 Resilient Wedge, M.J.x M.J., Model 2638, 16"-24" Open right, stainless steel bonnet bolts & nuts. Gland hardware to be fluorocarbon coated.

W.15 Gate Valves (3"- 12")

Kennedy Valve AWWA C509 Resilient Wedge, M.J.x M.J., Model KS-RW, 2"-12" Open left, stainless steel bonnet bolts & nuts. Gland hardware to be fluorocarbon coated.

Mueller Company AWWA C509 Resilient Wedge, M.J.x M.J., Model A- 2361 & 2362 (3"-12") Open left, stainless steel bonnet bolts & nuts. Gland hardware to be fluorocarbon coated.

U.S. Pipe Valve & Hydrant (Sub. Of Mueller Water Products)

AWWA C509 Resilient Wedge, M.J.x M.J., Model C- USP2 (4"-8") Open left, stainless steel bonnet bolts & nuts. Gland hardware to be fluorocarbon coated.

W.16 Tapping Sleeves (Ductile or Cast Iron)

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

Pipe O.D. measurements are recommended when tapping pit cast iron pipe (Classes A thru D).

Hardware to be fluorocarbon coated.

U.S. Pipe Valve & Hydrant (Sub. Of Mueller Water Products)

T-28. Sleeve shall be ordered to fit outside diameter (O.D.) of pipe being tapped.

Pipe O.D. measurements are recommended when tapping pit cast iron pipe (Classes A thru D).

Hardware to be fluorocarbon coated.

Tyler Union Tyler Mechanical Joint Tapping Sleeve. Sleeve shall be ordered to fit outside diameter (O.D.) of pipe being tapped.

Pipe O.D. measurements are recommended when tapping pit cast iron pipe (Classes A thru D).

Hardware to be fluorocarbon coated.

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W.17 Valve Box

Bibby Ste-Croix, USA 5¼", I5B Cast-Iron Adjustable Slide Risers, V856, V858, or V862, 3" flange on top section approximately 5.75" below top of top section.

"Water" Cover

Bingham & Taylor 5¼", Cast-Iron-I5B, 2-Piece Slide Type, 3" flange on top section approximately 6" below top of top section.

"Water" Cover

Bingham & Taylor For Repaving; Rite Hite Adapter, Slide Type, Adjustable from 2.5"- 12", Slide 8, CUL5A-RH

"Water" Cover

W.18 Valve Box Extension Ring

EAST JORDAN

IRONWORKS

Solid gray iron, American made, valve box adjusting riser for 5 ¼” valve box. 1” - 2” Adjustment height

For placement in asphalt streets. As manufactured by East Jordan Iron Works or approved equal

W.19

Pitometer Ball Valve (for Ductile/Cast Iron Pipe or PVC/PVCO Pipe)

Ford Meter Box Co.

B81-455-NL, 1" valve with 1¼" MIP inlet x 1¼" FIP outlet and multi-directional HP-4 brass angled handle, brass cotter pin & 5/8" stainless steel operating rod.

Provide brass bushing on inlet, 1½" MIP x 1¼" FIP (Ford C18- 56). For PVC/PVCO pipe, the ball valve shall be 1-1/2 inch cast bronze, rubber seats and O-rings with 1-1/2 inch – 1-1/4 inch reducer on outlet end FPT.

W.20 Service Saddle

(PVC/PVCO

Main)

A.Y. McDonald Model 3895 brass hinged/Model 3805 brass bolted, for C900 PVC, AWWA taper thread outlet, EPDM gasket.

Standard brass NSF 61 certified for all sizes. Service saddles required for all taps on PVC/PVCO pipe.

Cambridge Brass Series 800 brass hinged for C900, AWWA taper thread outlet, Nitrile gasket Standard brass NSF 61 certified for all sizes. Service saddles required for all taps on PVC/PVCO pipe.

Ford Meter Box Co. Style S90 Design A brass hinged or bolted for C900 PVC, AWWA taper thread outlet, EPDM gasket

Standard brass NSF 61 certified for all sizes. Service saddles required for all taps on PVC/PVCO pipe.

Mueller Company S-13000/H13000 Series hinged or bolted for C900 PVC, AWWA taper thread outlet, Nitrile gasket

Standard brass NSF 61 certified for all sizes. Service saddles required for all taps on PVC/PVCO pipe.

W.21 Service Tubing - Copper

Cambridge-Lee Industries, LLC Copper Water Tube, Type K, ASTM B88, ¾", 1", 1½", 2"

Cerro Flow Products, Inc.

Copper Water Tube, Type K, ASTM B88, ¾", 1", 1½", 2"

Wieland Copper Products, Inc.

Copper Water Tube, Type K, ASTM B88, ¾", 1", 1½", 2"

Mueller Industries Streamline Copper Water Tube, Type K, ASTM B88, ¾", 1", 1½", 2".

Great Lakes Copper, Inc.

Copper Water Tube, Type K, ASTM B88, ¾", 1", 1½", 2".

W.22 Service Tubing - Polyethylene

Charter Plastics SDR-9 CTS O.D., PE 4710, 250 psi, Blue Ice tubing, 1", 1½", 2", blue outer layer.

Endot Industries SDR-9 CTS O.D., PE 4710, 250 psi, EndoPure Tubing, 1", 1½", 2", blue outer layer.

Oil Creek Plastics SDR-9 CTS O.D., PE 4710, 250 psi, Aqua-Jet Tubing, 1", 1½", 2", blue outer layer

Advanced Drainage Systems (ADS)

SDR-9 CTS O.D., PE 4710, 250 psi, Potable Water Service Tubing, 1", 1½", 2", blue outer layer.

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W.23 SS Inserts Mueller Company Mueller 504281 (3/4”), 504385 (1”)

W.24 Curb Box

Bibby Ste-Croix, USA 2½" Service Box, Screw Type with H.D. screw top, Fig. 95E, complete.

"Water" Cover, extends to 66 inches. Furnish enlarged base (Code V313) for use with 1½" & 2" curb stop.

Bingham & Taylor 2½" Cast Iron Top/Injection Molded Plastic White Bottom Combination Curb Box, Screw Type, Item No.

CIP2B110015FWWH94RPBP, complete.

"Water" Cover, extends to 64 inches. Furnish enlarged base (Fig. No. 4980) for use with 1½" & 2" curb stop.

Bingham & Taylor 2½" Cast Iron Curb Box, Screw Type, Fig. No. 4901-B, Size No.

94F, complete.

"Water" Cover, extends to 66 inches. Furnish enlarged base (Fig. No. 4980) for use with 1½" & 2" curb stop.

Mueller Mueller H-10314 (1”), H-10310 (2”) Two-piece, arch style cast iron base, extension type 1” I.D. pipe with e-coat epoxy coating. Sixty inches when fully extended. Lid to be two- piece cast iron with brass pentagonal head nut. Stainless steel stationary rod with stainless steel cotter pin to be 30 inches in length.

W.25 Curb Box Cap Mueller Mueller 89984 Two-hole cast iron curb box cover

W.26 Brass Compression Couplings

Mueller Company Mueller H-15403

Straight three-part union Mueller 110 Conductive Compression CTS O.D. tubing x Mueller 110 Conductive Compression CTS O.D. tubing Sizes: 1/2", 1/2"x3/4", 5/8"x3/4", 5/8", 3/4", 1" ,1"x3/4", 1-1/4", 1-1/4"x1", 1-1/2", 1-1/2"x1", 2"

W.27 Brass Angle Ball Meter Stops

Mueller Company H-14258N Ground Key angle meter stop 180° turn check - lock wing Sizes:5/8"x3/4", 5/8"x3/4"x3/4", 5/8"x3/4"x1"

W.28 Brass Ball Curb Valve

Mueller B-25209N/B-25219N/ B-25209 110 Comp

Mueller® 300 Ball Curb Valve Mueller 110® Conductive Compression CTS O.D. tubing x Mueller 110 Conductive Compression CTS O.D. tubing Sizes: 3/4" R, 3/4", 1" R, 1", 1-1/2", 1-1/2"x2", 2" Mueller 110® Conductive Compression CTS O.D. tubing with drain x Mueller 110 Conductive Compression CTS O.D. tubing with drain

W.29 Brass Ball Corporation Stop

Mueller B- 25008N / B-25028N /B 20045N

Mueller® 300 Ball Corporation Valve Inlet: AWWA taper (MUELLER “CC”) thread Outlet: MUELLER 110 Conductive Compression CTS O.D tubing Sizes: 3/4", 3/4"x1", 1", 1"x1-1/4", 1-1/2", 1-1/2"x2", 2"

W.30 Brass Meter Couplings and Flanges

Mueller H-10890N/ H-10891N Straight meter coupling MIP x meter swivel nut Tailpiece machined inside and outside Sizes: 5/8x1/2", 5/8x3/4x3/4", 1"

Mueller H-14206N/ P-14206N

Quarter bend meter (90°) coupling Meter swivel nut x MUELLER 110 Conductive Compression CTS O.D. Tubing Sizes: 5/8"x3/4"x3/4" , 1" Meter swivel nut x MUELLER Pack Joint CTS O.D. tubing

Mueller Mueller H15075, H15076 No lead Brass, Eighth Bend or Quarter Bend Coupling, ¾” Mueller 110 Conductive Compression Connection for CTS O.D. tubing x ¾” swivel nut with female copper flare tread

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W.31 Brass Compression T's

Mueller H-15387N/H-15381N

Service tee Mueller 110 Conductive Compression Connection for CTS O.D.* tubing x 110 Conductive Compression Connection for CTS O.D.* tubing x MI.P. thread Sizes: 3/4", 3/4"x3/4"x1", 1", and 2x2x1

W.32 Hydrants

Kennedy Valve Guardian K81D 5-6" min bury depth for dom. System and 6' min for holly system. One 4 1/2" pumper con and two 2 1/2" hose connections. Furnish with factory applied polyester coated finish

U.S. Pipe Valve & Hydrant (Sub. Of Mueller Water Products)

Metropolitan M-94 5-6" min bury depth for dom. System and 6' min for holly system. One 4 1/2" pumper con and two 2 1/2" hose connections. Furnish with factory applied epoxy primer and polyurethane enamel coated finish.

Mueller Super Centurion Hydrant with Hymax Grip Restraint Coupling

SUPER CENTURION 250

Size 5-1/4" - Elbow Size 4-1/2" - Elbow shoe

W.33 Bell Joint Clamp

Dresser Style 60 Furnish with fluorocarbon coated or stainless steel bolts & nuts.

Smith Blair Model 274 Furnish with fluorocarbon coated or stainless steel bolts & nuts.

Sewer Parts

S.1 SDR-21 Pipe

IPEX

4" Polyvinyl Chloride Pipe Conforming to ASTM D2241 Specification

Color shall be White. Joints shall be push-on with neoprene gaskets meeting the requirements of ASTM F477

JM Eagle

Charlotte Pipe and Foundry Company

S.2 SDR- 35 Pipe

4"-6" Polyvinyl Chloride Pipe Conforming to ASTM D3034 specifications.

Color shall be Green and 20' Length. Joints shall be push- on with neoprene gaskets meeting the requirements of ASTM D3212 and gasketed joints meeting ASTM F477

S.3

SDR-21

Cleanout WYE with cap and plug

IPEX

4” PVC SDR-21,

conforming to ASTM D2241 or PVC Schedule 40, conforming to ASTM D2665 and F477

Wye configuration shall be long sweep, 90 degrees to the flow axis. Solvent welded joints shall only be utilized for the riser portion of the cleanout cap. Cap shall be glue x female IP THD. Cleanout plug shall be cast iron plug male IP THD, conforming to ASTM A126 Class B.

S.4 SDR-21 Elbows

4” PVC SDR-21, 11 1/4, 22 ½ and 45 degree elbow.

Joints shall be push on with neoprene gaskets Bell x Bell or Bell x Spigot (plain) end. Joints shall meet the requirements of ASTM D3212 and gaskets meeting the requirements of ASTM F477

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S.5 Neoprene Couplings

IPEX

4"-12" Flexible Couplings. Clay to Plastic. Plastic to Plastic.

SDR21 to SDR 35.

Couplings shall consist of a neoprene sleeve with stainless steel shear rings, stainless steel tension bands and tightening mechanism. Couplings shall conform to ASTM C1173. Fernco Strong Back RC5000 Series coupling or approved equivalent.

JM Eagle

Charlotte Pipe and Foundry Company

S.6 SDR - 35

Elbows

IPEX

4-6" PVC SDR-35 22 1/2" and 45 degree elbow Joints shall be push on with neoprene gaskets Bell x Bell or Bell x Spigot end. Joints shall meet the requirements of ASTM D3212 and gaskets meet ASTM F477.

JM Eagle

Charlotte Pipe and Foundry Company

S.7 4" Adaptor

IPEX

4" FIPt x Sch 40 Hub Adaptor Hub opening on one end and female national pipe taper (NPT) threads on the other for connecting two pipes with different ends

JM Eagle

QUESTIONNAIRE FORM FOR CITY SPECIFICATIONS FOR

Is this bid in conformance with all specifications? Yes_____ No_____

If answer is no, bidder must identify and explain each exception taken with references made to each page and paragraph to which exception will apply:

It shall be understood that if no exception is taken, the bidder shall complete all work as specified.

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ADDENDUM ACKNOWLEDGEMENT FORM

The receipt of the following addenda is hereby acknowledged:

Addendum No. ________________, dated __________________ Initialed__________________

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BID PAGE

The undersigned agrees to provide materials for the firm, fixed prices quoted below.

Item # Product Unit Price W.1 Repair Clamp W.2 Couplings W.3 Restraint Devices (Ductile Iron Pipe) W.4 Restraint Devices (AWWA C909 PVCO Pipe) W.5 MJ Gaskets W.6 T-Bolts and Nuts W.7 Warning Tape W.8 Fittings - Ductile Iron W.9 Pipe - Anchor Pipe W.10 Pipe - Ductile Iron W.11 Pipe - PVCO W.12 Tracer Wire (Open Cut) W.13 Tracer Wire Splices (Connection of Service Wire to Main Wire) W.14 Gate Valves (16"-24") W.15 Gate Valves (3"-12") W.16 Tapping Sleeves (Ductile or Cast Iron) W.17 Valve Box W.18 Valve Box Extension Ring W.19 Pitometer Ball Valve (for Ductile/Cast Iron Pipe or PVC/PVCO Pipe) W.20 Service Saddle (PVC/PVCO Main) W.21 Service Tubing - Copper W.22 Service Tubing - Polyethylene W.23 SS Inserts W.24 Curb Box W.25 Curb Box Cap W.26 Brass Compression Couplings W.27 Brass Angle Ball Meter Stops W.28 Brass Ball Curb Valve W.29 Brass Ball Corporation Stop W.30 Brass Meter Couplings and Flanges W.31 Brass Compression T's W.32 Hydrants W.33 Bell Joint Clamp

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BID PAGE cont.

Item # Product Unit Price S.1 SDR-21 Pipe S.2 SDR- 35 Pipe S.3 SDR-21 Cleanout WYE with cap and plug S.4 SDR-21 Elbows S.5 Neoprene Couplings S.6 SDR - 35 Elbows S.7 4" Adaptor

Bidder Contact Information:

Name of Bidder ___________________________________________________________________

Address of Bidder __________________________________________________________________

Bidder Telephone # ________________________________________________________________

Bidder E-Mail _____________________________________________________________________

Authorized Signature________________________________________________________________

Printed Name of Signer______________________________________________________________

Title_______________________________________________________ Date__________________

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CITY OF CANANDAIGUA

NON-COLLUSIVE PROPOSAL CERTIFICATION

By submission of this proposal, each Contractor and each person signing on behalf of any Contractor certifies, and in case of a joint proposal each party thereto certified as to its own organization, under penalty of perjury, that to the best of knowledge and belief;

1. The prices in this proposal 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 Contractor or with any competitor;

2. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Contractor and will not knowingly be disclosed by the Contractor prior to the opening, directly or indirectly, to any other Contractor or to any competitor;

3. No attempt has been made or will be made by the Contractor to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition;

4. The Contractor herein has carefully examined the annexed form of the contract and contract documents.

STATE OF __________________________

COUNTY OF _________________________

CITY OF ____________________________

ss. ___________________________________ Signature of Contractor

Business Address

Sworn to and subscribed before me this day of _____________________, 2025.

_______________________________________(Notary Public)

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CITY OF CANANDAIGUA

AFFIRMATIVE ACTION/MINORITY AND WOMEN-OWNED

BUSINESS ENTERPRISE POLICY STATEMENT

The City of Canandaigua has been and will continue to be an equal opportunity organization. No Minority and Women-Owned Business Enterprise (MWBE) employee or applicant for employment will be discriminated against because of race, color, religion, national origin, sex, age, disability, sexual preference or Vietnam Era Veteran status. We will take affirmative action to ensure that MWBEs, applicants and employees are treated without regard to these characteristics. To carry out our policy, the City of Canandaigua will:

1. Include minority and women-owned businesses in our solicitations;

2. Recruit, hire, train, place and promote persons for all jobs without regard to race, religion, color, national origin, sex, age, disability, sexual preference or Vietnam Era Veteran status;

3. Take affirmative steps to ensure that MWBEs have full participation in our procurement process; and

4. Administer other personnel functions, such as compensation, benefits, transfers, layoffs, returns from layoffs, and company-sponsored training, education, tuition assistance and social and recreation programs without regard to race, religion, color, national origin, sex, age, disability, sexual preference or Vietnam Era Veteran status;

The City of Canandaigua will periodically analyze its procurement and personnel actions to ensure compliance with this policy.

The Equal Employment Opportunity/Minority and Women-Owned Business Enterprise Coordinator for the City of Canandaigua is John Goodwin, Acting City Manager, 2 North Main Street, Canandaigua, New York, 585-396-5000. He is responsible for monitoring the facility's Affirmative Action/Minority and Women-Owned Business Enterprise Program and submitting required reports to appropriate locations.

The coordinator is also the person to contact, if someone believes she/he has not been treated in accordance with our policy.

We ask your continued assistance and support in attaining the City of Canandaigua's objective of Equal Employment Opportunity/Minority and Women Owned Business Enterprise Opportunities

__Original Signature on File____ John Goodwin, City Manager

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(Sample Contract)

MATERIAL PURCHASE AGREEMENT reference: Request for Quotes Dated __________ Resolution #20__ -_______ Purchase Order #20__-_______ TERMS and CONDITIONS

CITY OF CANANDAIGUA (“Buyer”) __________________ and Affiliates ("Seller")

Buyer Delivery Address Seller Address

Canandaigua, NY 14424

Buyer Contact Seller Contact

Material and Quantity to be Purchased: Purchase Price:

This document, together with the attachments appended hereto constitutes the entire Agreement between the parties, and acceptance is strictly limited to the terms and conditions contained herein. Additional or differing terms, conditions or limitations of liability proposed by Seller shall have no effect unless accepted in writing by Buyer. Agreement by Seller to furnish the material or goods to these terms and conditions, or Seller’s commencement of such performance, or acceptance of payment, shall constitute acceptance by Seller of this Agreement. This Agreement shall become effective when signed by both parties and remains in effect for the term of this Agreement, unless earlier terminated in accordance with the provisions of the Agreement.

THE PARTIES' SIGNATURES BELOW ACKNOWLEDGE THAT BOTH PARTIES HAVE READ AND UNDERSTAND EACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND EACH PARTY AGREES TO BE BOUND BY THEM.

Buyer:

Seller:

By:___________________________________________________ (Authorized Signature)

By:__________________________________________________ (Authorized Signature)

(Typed or Printed Name)

(Typed or Printed Name)

(Title)

(Title)

(Date)

(Date)

1. Definitions Words, as employed in this Agreement, shall have their normally accepted meanings. The following terms shall have the described meaning:

(a) "Agreement” shall mean this Material Purchase Agreement, together with any other documents appended hereto or documents incorporated herein, including, Purchase Orders, subcontracts, or General Terms and Conditions.

(b) “Buyer” shall mean CITY OF CANANDAIGUA.

(c) “Goods” shall mean those Goods or material identified in this Agreement, which may be changed, from time to time by the mutual written agreement of the parties.

(d) “Seller” shall mean the party identified as the Seller in this Agreement.

(e) ORDERS Orders for Goods or Materials shall be by means of Purchase Orders placed by Buyer’s Authorized Employees, which shall specify applicable prices, quantities, delivery schedules, shipping instructions, destinations, applicable specifications, required insurance, any special requirements, the address where Seller’s invoice shall be sent, and other similar matters which are necessary for the individual transaction to be adequately described. Such Purchase Orders shall also include a reference to this Agreement number.

2. Price and Term

(a) The prices established by this Agreement are set forth in the attached Sellers offer and are firm fixed prices unless otherwise stated.

Seller warrants that any unit prices charged herein do not exceed the unit prices charged by Seller to other customers in substantially similar transactions.

(b) In the event Seller is liable to Buyer for any amounts, Buyer may, at its election, set-off against any amounts payable to Seller under this Agreement.

(c) This Agreement shall remain in effect for the term specified in the request for quotes, or until all goods are delivered and accepted.

(d) Buyer and Seller may mutually agree to extend this Agreement for additional terms .

3. Schedule and Delivery; Notice of Delay Seller shall strictly adhere to all Agreement schedules. Time is and shall remain of the essence in the performance of this Agreement.

Seller shall notify Buyer in writing immediately of any actual or potential delay to the performance of this Agreement. Such notice shall include a revised schedule and shall not constitute a waiver to Buyer’s rights and remedies hereunder.

4. New Materials; Packaging and Shipping

(a) All goods to be delivered hereunder shall consist of new, authentic materials unless clearly stated otherwise in Sellers offer;

(b) Seller shall prepare and package the goods to prevent damage or deterioration and shall use best commercial practice for packing and packaging of items to be delivered under this Agreement, unless otherwise specified in the Agreement;

(c) Unless otherwise stated in the Agreement, F.O.B. point shall be the above indicated Buyer's Delivery Address.

5. Inspection and Acceptance

(a) Buyer’s final acceptance of Goods is subject to Buyer’s inspection within fourteen (14) days after receipt at Buyer’s location or such other place as may be designated by Buyer, notwithstanding any payment or prior test or inspection.

(b) Seller shall keep and maintain inspection, test and related records, which shall be available to Buyer or Buyer’s representative. Seller shall allow copies to be made and shall furnish all information required by the Buyer or Buyer’s representative.

6. Rejection If Seller delivers non-conforming Goods, Buyer may, at its option and Seller’s expense: (i) return the Goods for refund or credit; (ii) require Seller to promptly correct or replace the Goods or Services; (iii) correct the nonconformance; or (iv) obtain conforming Goods from another source. Buyer shall specify the reason for any return or rejection of nonconforming Goods and/or shall describe the action taken. Seller shall be liable for any increase in costs, including procurement costs attributable to Buyer’s rejection of the non-conforming Goods.

7. Invoices

(a) Invoices may be mailed when Goods are shipped, but the time for payment shall not commence until Buyer’s actual or schedu led receipt, whichever is later, of items at their destination.

(b) Buyer shall promptly pay Seller the amount due within 45 days, except if identified elsewhere in the Agreement, unless the invoiced amount is in dispute. Buyer may withhold payment for shortages and/or non-conforming Goods. Buyer may entertain discounts on Goods for expedited payments.

(c) Seller’s invoices shall include references to this Agreement number and to Buyer’s Purchase Order numbers. The invoice shall be computed on the basis of the prices set forth in the Seller’s offer and shall identify and show separately quantities, unit prices, total amounts for each item, any shipping charges to be borne by Buyer, and any discounts and total amount due.

8. Changes

(a) By written order, Buyer may from time to time direct changes for: (i) technical requirements; (ii) shipment or packing methods; (iii) place of delivery, inspection or acceptance; (iv) reasonable adjustments in quantities, delivery schedules or both; (v) amount of Buyer– furnished property; (vi) time of performance; and (vii) place of performance.

(b) If any such change causes an increase or decrease in the price or in the time required for its performance, Seller shall promptly notify Buyer thereof and assert its claim for equitable adjustment within thirty (30) days after the change is ordered, and an equitable adjustment shall be made. However, nothing in this provision shall excuse Seller from proceeding immediately with the directed change(s). Changes shall not be binding upon Buyer except when specifically confirmed in a written Agreement or Change Order.

9. Force Majeure

The following events, and only the following events, shall constitute force majeure under this Agreement: (a) acts of God or of a public enemy; (b) acts of Government; (c) fires; (d) floods; (e) epidemics; (f) quarantine restrictions; (g) strikes; (h) freight embargoes; and, (i) unusually severe weather. In each case, the failure to perform must be entirely beyond the control and without the fault or negligence of the Seller. Each party shall give the other immediate notice of any event that such party claims is a Force Majeure Condition that would prevent the party from performing its obligations hereunder, and of the cessation of the condition. A party’s notice under this Section shall include the party’s good faith estimate of the likely duration of the Force Majeure Condition.

10. Termination for Convenience

(a) Buyer may, by notice in writing, direct Seller to terminate this Agreement or work under this Agreement in whole or in part, at any time, and such termination shall not constitute default. In such event, Buyer shall have all rights and obligations accruing to it either at law or in equity, including Buyer’s rights to title and possession of the goods and materials paid for. Buyer may take immediate possession of all goods prepared for sale to the Buyer upon notice of termination.

(b) Seller shall immediately stop deliveries or other efforts related to this agreement and limit costs incurred as a result of the termination of this agreement.

(c) If such termination is for the convenience of the Buyer, Buyer, after deducting any amount(s) previously paid, shall reimburse Seller for the actual, reasonable, substantiated and allowable costs with the total amount to be paid by the Buyer being determined by negotiation.

11. Termination for Default

(a) Buyer may, by written Notice of Default to Seller, terminate this Agreement in whole or in part if the Seller fails to: (i) deliver the Goods within the time specified in this Agreement or any extension; (ii) make progress, so as to endanger performance of this Agreement; or,

(iii) perform any of the other provisions of this Agreement.

(b) Buyer may require Seller to transfer title and deliver to Buyer, in the manner and to the extent directed by Buyer, any partially completed Goods and raw material, parts, tools, dies, jigs, fixtures, plans, drawings, information and contract rights (Materials) as Seller has produced or acquired for the performance of this Agreement, including the assignment to Buyer of Seller’s Agreements. Seller further agrees to protect and preserve property in the possession of Seller in which Buyer has an interest. Payment for completed Goods delivered to and accepted by Buyer shall be at the Agreement price. Payment for unfinished Goods which have been delivered to and accepted by Buyer and for the protection and preservation of property, shall be at a price determined in the same manner as provided in the Termination for Convenience provision hereof except that Seller shall not be entitled to profit. Buyer may withhold from Seller monies otherwise due Seller for completed Goods and/or Materials in such amounts as Buyer determines necessary to protect Buyer against loss due to outstanding liens or claims against said Goods and Materials.

(c) Seller shall promptly notify Buyer if Seller is the subject of any petition in bankruptcy. In the event of Seller’s bankruptcy, Buyer may require Seller to post such financial assurance, as Buyer, in its sole discretion, deems necessary. Failure to post such financial assurance upon ten (10) days written notice shall constitute a default under this Agreement. The rights and remedies of Buyer in this clause are in addition to any other rights and remedies provided by law or under this Agreement.

12. Compliance with Laws Seller shall comply with all applicable provisions of Federal, State, and local laws; ordinances and all lawful orders; rules, regulations.

and FAA, DOT and other transportation regulations and Hazard Communication Standards promulgated pursuant to the Occupational Health and Safety Act.

13. Conflict of Interest.

Seller hereby stipulates and certifies that there is no member of the Canandaigua City Council or other Canandaigua City Officer or Employee forbidden by law to be interested in the Agreement directly or indirectly, who will benefit therefrom or who is a party thereto.

14. Goods Warranty

(a) Seller warrants the Goods delivered pursuant to this Agreement, unless specifically stated otherwise in this Agreement, shall (i) be new; (ii) be and only contain materials obtained directly from the Original Equipment Manufacturer (OEM) or an authorized OEM reseller or distributor; (iii) not be or contain Counterfeit Items; (iv) contain only authentic, unaltered OEM labels and other markings; (v) have documentation made available upon request that authenticates traceability to the applicable OEM; and (vi) be free from defects in workmanship, materials, and design and be in accordance with all the requirements of this Agreement. Seller further warrants that the Goods shall conform with the requirements of this Agreement and to high industrial standards. These warranties shall survive inspection, test, final acceptance and payment for Goods;

(b) Seller warrants that any hardware, software, and firmware Goods delivered under this Agreement to the extent reasonably possible:

(i) do not contain any viruses, malicious code, Trojan horse, worm, time bomb, self-help code, back door, or other software code or routine designed to (a) damage, destroy, or alter any software or hardware; (b) reveal, damage, destroy, or alter any data; (c) disable any computer program automatically; or (d) permit unauthorized access to any software or hardware; and (ii) do not contain any 3rd party software (including software that may be considered free software or open source software) that (a) may require any software to be published, accessed or otherwise made available without the consent of Buyer or (b) may require distribution, copying or modification of any software free of charge;

(c) This warranty entitlement shall inure to the benefit of Buyer and shall cover a period following delivery identified in the Seller’s offer;

and,

(d) Seller shall be liable for and save Buyer harmless from any loss, damage, or expense whatsoever that Buyer may suffer from the breach of any of these warranties. Remedies shall be at Buyer's election, including those specified in Article 6 herein.

15. Indemnification

(a) Seller shall indemnify, hold harmless, and at Buyer's request, defend Buyer, its officers, and employees, against all claims, liabilities, damages, losses and expenses, including attorneys' fees and cost of suit arising out of or in any way connected with the Goods provided under this Agreement, including, without limitation: (i) the breach of any warranty contained herein; (ii) any claim based on the death or bodily injury to any person, destruction or damage to property, or contamination of the environment and any associated clean up costs;

(iii) Seller failing to satisfy the Internal Revenue Service's guidelines for an independent contractor; (iv) any claim based on the negligence, omissions or willful misconduct of Seller or any of Seller's agents, employees or anyone acting on behalf of Seller; and, (v) any claim by a third party against Buyer alleging that the Goods (including but not limited to software), the results of such goods, or any other products or processes provided under this Agreement, infringe a patent, copyright, trademark, trade secret or other proprietary right of a third party, whether such are provided alone or in combination with other products, software or processes. Seller shall not settle any such suit or claim without Buyer's prior written approval. Seller agrees to pay or reimburse all costs that may be incurred by Buyer in enforcing this indemnity, including attorneys' fees.

(b) Should Buyer's use of any Goods purchased from Seller be enjoined, be threatened by injunction, or be the subject of any legal proceeding, Seller shall, at its sole cost and expense, either: (i) substitute fully equivalent non-infringing Goods; (ii) modify the Goods so that they no longer infringe but remain fully equivalent in functionality; (iii) obtain for Buyer the right to continue using the Goods; or, (iv) if none of the foregoing is possible, refund all amounts paid for the infringing Goods.

(c) Seller shall without limitation as to time, defend, indemnify and hold Buyer harmless from all liens which may be asserted against property covered hereunder, including without limitation mechanic’s liens or claims arising under Worker’s Compensation or Occupational Disease laws and from all claims for injury to persons or property arising out of or related to such property unless the same are caused solely and directly by Buyer’s negligence.

(d) Seller shall without limitation as to time, defend, indemnify and hold Buyer harmless from all Worker’s Compensation or Occupational Disease laws claims for bodily injury including death to employees of the seller brought forth by the Seller’s employees and/or their family arising out of or in connection with this Agreement.

16. Insurance If Seller utilizes their own vehicles to deliver Goods to Buyer’s facility, Seller shall maintain the following insurance in at least the minimum amounts stated herein.

Seller shall also maintain such general liability, property damage, employers’ liability, and worker’s compensation insurance, professional errors and omissions insurance, and motor vehicle liability (personal injury and property damage) insurance as are maintained in their normal and ordinary course of business. Upon request by the Buyer, Seller shall provided certificates of insurance evidencing limits of not less than the following:

Commercial General Liability $2,000,000 combined single limit per occurrence (including products/completed operations and contractual liability coverage) Workers’ Compensation Statutory amount, including if applicable, Employers’ Liability, $1,000,000 each person/accident.

Automobile Liability $2,000,000 combined single limit per accident

17. Disputes The provisions of this Agreement shall be interpreted in accordance with the laws of the State of New York without resort to said state’s Conflict of Law rule, and in accordance with its fair meaning and not strictly against either party. Pending final resolution of a dispute hereunder, Seller shall proceed diligently with the performance of this Agreement and in accordance with all the Terms and Conditions contained herein and with the Buyer’s direction thereof. Buyer and Seller shall each bear its own costs of processing any dispute hereunder. In no event shall the Seller acquire any direct claim or direct course of action against the Buyer.

18. Assignments and Subletting

(a) Neither this Agreement nor any interest herein nor claim hereunder may be transferred, assigned or delegated by Seller; nor may all or substantially all of this Agreement be further sublet by Seller without the prior written consent of Buyer. Lack of consent shall not be deemed as a waiver or otherwise relieve Seller of its obligations to comply fully with the requirements hereof.

(b) Notwithstanding the above, Seller may, without Buyer’s consent, assign moneys due or to become due hereunder provided Buyer continues to have the right to exercise any and all of its rights hereunder, settle any and all claims arising out of, and enter into amendments…

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