Document Albany_doc_a757d7b50c

CITY OF ALBANY REQUEST FOR BIDS: DEPARTMENT OF WATER & WATER SUPPLY THE PURCHASE OF WATEROUS FIRE HYDRANTS HON. KATHY M. SHEEHAN, MAYOR JOSEPH E. COFFEY JR. PE, COMMISSIONER City Hall Room 202 24 Eagle Street Albany, NY 12207 ---PAGE BREAK--- CITY OF ALBANY RFB: WATEROUS FIRE HYDRANTS 2 NOTICE TO PROSPECTIVE BIDDERS This sheet is to be filled out in connection with the bid specification for WATEROUS FIRE HYDRANTS. The specification is comprised of 5 sections. 1. Notice to Bidders Pages #2 - #5 . 2. Bid Proposal and Bid Form Pages #6 - #9 . 3. Non-Collusion Affidavit Pages #10 – #11 . 4. Standard Conditions Pages #12 - #19 . 5. Technical Specifications Page #20 . I, , have received a complete specification (Company or Firm) according to the above information. Printed Name Signature Official Title Address City, State, Zip Code Telephone Email This sheet must be submitted with your security deposit and bid sheet. ---PAGE BREAK--- CITY OF ALBANY RFB: WATEROUS FIRE HYDRANTS 3 NOTICE TO PROSPECTIVE BIDDERS The City of Albany, NY is soliciting sealed bids for the goods and services described in these specifications. GENERAL DESCRIPTION: Waterous Fire Hydrants ADVERTISEMENT DATE: November 17, 2020 BID SUBMISSION DEADLINE: December 22, 2020; 12:00 Noon BID OPENING: December 22, 2020; 1:30 pm SUBMIT SEALED BIDS TO: Board of Contract and Supply Room 202, City Hall Albany, New York 12207 The face of the envelope must contain the name of the bidder with return address and the contract title. BID DOCUMENTS: May be examined at Room 202, City Hall, 8:30 - 5 pm. BID DEPOSIT: A Bid Deposit equal to 5% of the purchase price IS required. Submit a certified check or bank draft made payable to Treasurer, City of Albany. A bid bond is acceptable. NOTE: If either the bid deposit is not submitted with the bid, the bid may be deemed incomplete and may not be considered. BOND REQUIREMENT: A performance bond is NOT required. PREVAILING WAGE RATE The successful bidder must comply with Sections 220- AND LIVING WAGE RATE: 223 of the New York State Labor Law and/or section 42- 161 of the Code of the City of Albany pertaining to the Albany Living Wage Ordinance. FOR MORE INFORMATION: Cashawna Burt, Secretary Board of Contract and Supply Phone: (518) 434-5090 ---PAGE BREAK--- CITY OF ALBANY RFB: WATEROUS FIRE HYDRANTS 4 Pursuant to the provisions of Section 103 of General Municipal Law, sealed proposals will be received by the City of Albany at the aforesaid address for furnishing the Item(s) listed in this proposal. When submitting a bid, you must: 1. Prepare your bid on this form using black ink or typewriter. Write the name of your company on each page of the bid, in the space provided. 2. If your bid deviates from the specifications, please explain such deviations or qualifications in full. Attach a separate sheet setting forth such explanation if necessary. The City reserves the right to determine if a bid is unresponsive. The City will not make any determinations of item equivalency prior to the bid submission date. 3. Sign the bid. By signing, you indicate full knowledge and acceptance of the General Specification and other requirements of the Bid Proposal. The bid must be completed in the name of the bidder, corporate or other, and must be fully and properly executed by an authorized person. Bids shall remain valid for 45 days from the date of the bid opening. 4. Record the required information on the envelope containing the sealed bid. 5. Mail the bid in order for it to be received before the time of the bid opening. Late bids will be rejected. If you wish to remain on the City’s bidder’s list, it is important that you answer this proposal. Failure to respond to three successive proposals may result in your name being removed from the mailing list for this commodity group. It is also requested that you indicate your reason for not bidding. SEALED BIDS WILL BE RECEIVED BY THE CITY OF ALBANY UNTIL 90 MINUTES PRIOR TO THE TIME DESIGNATED FOR THE OPENING OF BIDS. PLEASE ATTACH PROPER POSTAGE. 6. A bid bond or certified check in the amount of 5% of the purchase price must accompany each bid submitted. The certified check or bid bond will be returned upon the awarding of the bid. 7. Each Bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions, there relating to construction and labor, and should fully inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the Contract. Bidder should thoroughly examine and familiarize himself with the equipment, Technical Specifications, and Contract Documents. Contractor, by execution of Contract, shall in no way be relieved of any obligation under it, due to failure to receive or examine any form or legal instrument or to visit Site and acquaint himself with conditions there existing. City of Albany will be justified in rejecting any claim based on facts regarding which Contractor should have been on notice as a result thereof. ---PAGE BREAK--- CITY OF ALBANY RFB: WATEROUS FIRE HYDRANTS 5 8. Award to contract will be made only to the lowest responsible bidder, whose proposal shall comply with all the provisions required to make it normal. 9. The City of Albany reserves the right to reject any or all proposals, and may advertise for new proposals, if in its opinion the best interests of the City of Albany will thereby be promoted. The bidder must be prepared if requested by the City of Albany to present evidence of experience, ability and financial standing, as well as a statement as to plant and machinery. 10. For materials and supplies separately sold to the City of Albany for incorporation into work under this Contract, the City of Albany is exempt from all sales tax and compensating use tax of the State of New York. The purchase by the Contractor or by subcontractors of materials for incorporation into the work under this Contract will be a purchase or procurement for resale to the City of Albany and therefore not subject to the aforementioned sales compensating use tax. All bids prices by the Contractor as well as all subcontract agreements made by the Contractor shall separate the costs of materials from all other costs involved in the incorporation of such materials into the work under this Contract. 11. The Contractor shall, upon request by the City of Albany, furnish a bill of sale or other instrument indicating the quantities and types of materials purchased directly by the Contractor or subcontractors for incorporation into the work under this Contract. Upon delivery of all materials to the site, the Contractor shall mark or otherwise identify all materials to be incorporated into the work under this Contract. Only those materials so identified will be under this Contract. Only those materials so identified will be exempt from sales or compensating use tax under this specification. 12. This exemption does not apply to machinery, equipment, tools or other items purchased, leased, rented or otherwise acquired for use of the Contractor, even though said equipment is used either entirely or in part on this Contract. This exemption shall apply only to materials fully incorporated into the work under this Contract as accepted and approved by the City. ---PAGE BREAK--- CITY OF ALBANY RFB: WATEROUS FIRE HYDRANTS 6 BID PROPOSAL CITY OF ALBANY CITY HALL ALBANY, NEW YORK 12207 DATED: November 17, 2020 GENERAL DESCRIPTION: WATEROUS FIRE HYDRANTS CONTRACT PERIOD: Contract Execution date through December 31, 2021. The contract may be extended for two additional one year periods pending budget approval and upon mutual agreement between the Albany Water Board and the Contractor. BID OPENING DATE: December 22, 2020 LOCATION: City Hall, Room 103 TIME: 1:30 pm INQUIRE WITH: City Clerk’s Office City Hall - Room 202 Albany, New York 12207 BIDDERS NAME: EMPLOYER’S FEDERAL IDENTIFICATION NUMBER: ADDRESS: Street City County State Zip Code % Cash Discount for payment within 15 days of delivery or receipt of voucher. % Cash Discount for payment within 30 days of delivery or receipt of voucher. Cash Discounts will not be considered in determining the low bidder but will be considered in awarding the bids. Cash Discounts of less than 1% will not be considered. Does any state officer or any officer or employee of the City of Albany or County of Albany have any affiliation or interest in this bid proposal? If so, set forth the name, address, nature and extent of the affiliation or interest of an officer/employee. We are not submitting a bid . We request removal of our name from the mailing list for this commodity group . Bidders Signature Official Title Printed or Typed Copy of Signature Telephone Number ---PAGE BREAK--- CITY OF ALBANY RFB: WATEROUS FIRE HYDRANTS 7 BID SHEET The undersigned Bidder, having familiarized himself/herself with the specification and the Bid documents as prepared by the City of Albany Department of Water and Water Supply, and on file in the Office of the Board of Contract and Supply of the City of Albany, New York, hereby proposes to provide the services and materials in accordance with the Bid Documents, and Technical specifications ***Price shall include base warranty, freight and delivery charges to the City of Albany, Department of Water,10 N. Enterprise Drive, Albany, NY 12204. The parts will be ordered as needed based on pricing provided. All “total prices” listed on this Bid Sheet shall include cost of delivery to the City of Albany, Department of Water and Water Supply, 10 N. Enterprise Drive, Albany, NY 12204. Estimated annual quantity used is approximately 80 – 100 hydrants. The estimated quantities below are for demonstrative purposes. Waterous Fire Hydrants: TOTAL UNIT PRICE FOR ONE WATEROUS FIRE HYDRANT WRITTEN IN WORDS: TOTAL PRICE FOR TOTAL WATEROUS FIRE HYDRANTS WRITTEN IN WORDS: DO ANY EXCLUSIONS/DEVIATIONS EXIST FROM THE TECHNICAL SPECIFICATIONS PROPOSED? YES ______(please explain on separate sheet) HAVE YOU ATTACHED THE TERMS OF THE WARRANTY INCLUDED IN THE TOTAL PRICE WRITTEN ABOVE? Item Estimated Quantity Unit Price Total Waterous Fire Hydrant, 5-1/4 Pacer Traffic, 5W HYD, 5-6,OR,16TOP 40 Waterous Fire Hydrant, 5-1/4 Pacer Traffic, w/Alpha Restraint Joint 40 Grand Total ---PAGE BREAK--- CITY OF ALBANY RFB: WATEROUS FIRE HYDRANTS 8 YES Number of days required to make delivery from “Execution of BID SHEET 1) The City reserves the right to award the contract in whole or in part to one or more vendors to the lowest responsible bidder. The City further reserves the right to not make an award if it is in the City’s best interest to do so. 2) If written Notice of Award is mailed, telegraphed or delivered to the undersigned Bidder within forty-five (45) days after the opening thereof or at any time thereafter before his/her Bid is withdrawn, the undersigned agrees to execute and deliver an Agreement in the prescribed form and furnish the required Bonds within fifteen (15) days after such Notice of Award. 3) Security in the sum of DOLLARS in the form of is submitted and attached hereto in accordance with the Instructions to Bidders. NOTE: All information requested in the bid package, including bid security must be completed in full. Incomplete bids will be disqualified and not considered. 4) Attached hereto is a Non-Collusion Affidavit of the undersigned Bidder in the prescribed form. 5) Attached hereto is a Statement of Bidders Qualifications. 6) The Bidder accepts the provisions of this document as to the liquidated damages in the event of failure to complete the Work and/or produce the commodity on time. 7) The Bidder is advised that the total amount shown above is for Bid comparison only. The Department of Water and Water Supply reserves the right to modify the specifications, as it deems necessary. 8) The Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. ---PAGE BREAK--- CITY OF ALBANY RFB: WATEROUS FIRE HYDRANTS 9 9) In submitting this Bid, Bidder further represents that he/she has carefully reviewed all Bid documents including without limitation the Standard Conditions and Technical Specifications and has given the Albany City Clerk’s Office written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the Bidding documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the work and/or commodity for which this Bid is submitted. Signature of Bidder and Date Print Name and Title STATE OF COUNTY OF ss.: On the day of in the year before me personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC ---PAGE BREAK--- CITY OF ALBANY RFB: WATEROUS FIRE HYDRANTS 10 NON-COLLUSION AFFIDAVIT OF BIDDER CITY OF ALBANY, NEW YORK State of New York ) ) ss. County of ) being first duly sworn, deposes and says that: 1) He/she of (owner, partner, officer, representative, or agent) the Bidder that has submitted the attached Bid; 2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid: 3) Such Bid is genuine and is not a collusive or sham Bid: 4) A. 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 his knowledge and belief: 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; 2. Unless otherwise required by law, the prices which have been quoted in this Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3. No attempt has been made 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. B. A Bid shall not be considered for award nor shall any award be made where clauses 4) A.1, 2, and 3 above have not been complied with; provided however, that if in any case the Bidder cannot make the foregoing certification, the Bidder shall so state and shall furnish with the Bid a signed statement which sets forth in detail the reasons therefore. Where 4) A.1, 2, and 3 above have not been complied with, the Bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the State, public department or agency to which the Bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition. ---PAGE BREAK--- CITY OF ALBANY RFB: WATEROUS FIRE HYDRANTS 11 C. The fact that a Bidder has published price lists, rates or tariffs covering items being procured, (ii) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, (iii) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of clause 4) A. 2. D. Any Bid hereafter made to the municipality or any public department, agency or official thereof by a corporate Bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule or regulation, and where such Bid contains the certification referred to in subparagraph 4.A. of this section, shall be deemed to have been authorized by the Board of Directors of the Bidder and such authorization shall be deemed to include the signing and submission of the Bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation. 5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its owners, partners, officers, representatives, agents, employees, or parties in interest, including this Affidavit. (Signature) (Title) Subscribed and sworn to before me this: day of 20__ ---PAGE BREAK--- CITY OF ALBANY RFB: WATEROUS FIRE HYDRANTS 12 STANDARD CONDITIONS SECTION 1. TAX PROVISIONS Purchases made by the City of Albany are not subject to state or local taxes or federal excise taxes. There is no exemption from paying the New York State truck mileage, unemployment insurance, or Federal Social Security taxes. The official City of Albany purchase order or voucher for materials, equipment and supplies is sufficient evidence to qualify the transaction exempt from sales tax under Section 116(a)(1) of the Tax Law. For tax free transactions, the City of Albany registration number is: Federal Tax Exemption #14- 70046-K and Federal Employer #14-600-2058-W SECTION 2. 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 joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his/her knowledge and belief: The prices of this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purposes of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; and Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor, and No attempt has been made 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. NOTE: Section 103-d of the General Municipal Law provides that every bid made to the City where competitive bidding is required by statute, rule regulation, for work or services performed or to be performed or goods sold or to be sold, shall contain the foregoing statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury. A bid shall not be considered for award nor shall any award be made where and above have not been complied with; provided however, that if any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where and above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the City, public department or agency to which the bid is made, or his/her designee, determines that such disclosure was not made for the purpose of restricting completion. The fact that a bidder has published price lists, rates or tariffs covering items being procured, has informed prospective customers or proposed or pending publication of new or revised price lists for such items, or has sold the same items to other customers at the same prices being bid; does not constitute, without more, a disclosure within the meaning of paragraphs and above. Any bid hereafter made to the City of Albany by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, ---PAGE BREAK--- CITY OF ALBANY RFB: WATEROUS FIRE HYDRANTS 13 rule or regulation, and where such bid contains the certification set forth above shall be deemed to have been authorized by the board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation. SECTION 3. ADHERENCE TO SPECIFICATIONS The entire bid is understood to be in accordance with the specification and this proposal, unless the bidder explains otherwise in detail. The City of Albany reserves the right to request clarification and additional information where deemed necessary. SECTION 4. INTERNATIONAL BOYCOTT In accordance with Section 200-f of the Labor Law, the Contractor agrees, as a material condition of the contract: That neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in any international boycott in violation of the provisions of the United States Export Administration Act of 1969, as amended, or the Export Administration Act of 1979, as amended, or the regulation s of the United States Department of Commerce promulgated thereunder: That if the Contractor of any substantial owner of affiliated person, firm, partnership or corporation has been convicted or subjected to a final determination by the United States Department of Commerce or any other appropriate agency of the United States of a violation of the United States Export Administration Act of 1969, as amended, or the Export Administration Act of 1979, as amended, or the regulations of the United States Department of Commerce promulgated thereunder, the Contractor shall notify the Comptroller of such conviction or determination in the manner prescribed by the Comptroller’s regulations. SECTION 5. QUALIFICATIONS OF BIDDERS The City reserves the right to reject any bids where qualifications, financial standing, equipment, personnel or facilities of the bidder or any subcontractor are not satisfactory. a) Any bidder proposing to subcontract any operation must be submit a listing of their own facilities, including number of personnel and equipment, plus a letter from any proposed subcontractor containing the following information: - certification that he/she is aware he/she has been named as a proposed subcontractor; - a statement that he/she is capable of fulfilling the operations for which he/she has been named as a subcontractor in complete accordance with the specification; - a complete listing of his facilities, equipment and number of personnel. The City reserves the right to inspect the bidders facility and perform such investigations as may be deemed necessary. - Failure of bidder to submit the required letter(s) may be cause for rejection of bid. ---PAGE BREAK--- CITY OF ALBANY RFB: WATEROUS FIRE HYDRANTS 14 b) After an award has been made, there shall be no sub-contracting allowed without written consent of the City other than the operations that have been approved and specified in the award. c) No contract will be awarded except to responsible bidders capable of performing the class of work contemplated. Before the award of contract, any bidder is required to show that he has the necessary facilities, experience, ability, and financial resources to perform the work in a satisfactory manner and within the time stipulated. If the contract contains items for material or work the character of which will depend upon the contractor’s skill or experience, he is required to show proof that he has a satisfactory record of similar work performed of materials furnished. Bidders will be required to furnish the City of Albany with sworn statements as to their experience. See CONTRACTOR QUALIFICATIONS in TECHNICAL SPECIFICATIONS. SECTION 6. HOURS AND WAGES Pursuant to Article 8 of the New York State Labor Law, no laborer, workman, or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the contractor shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any week, except in cases of extraordinary emergency including fire, flood or danger to life or property. No such person shall be so employed more than eight hours in any day or than five days in any one week except in such emergency. The wages to be paid for a legal day’s work to laborers, workmen or mechanics performing work upon the contract shall not be less than the prevailing rate of wages as defined in Article 8 of the Labor Law. Additionally, each laborer, workman or mechanic employed by the contractor, subcontractor or other person performing the contract shall be provided the supplements required by that Article. SECTION 7. DECISION OF THE CITY In any event, the decision of the City, regarding the qualifications of bidders or subcontractors to accomplish the contract shall be final. SECTION 8. BOND REQUIREMENT The City does not require a Performance Bond for this project. SECTION 9. INDEMNIFICATION For the purpose of this section, the terms Contractor and City shall include the officers, employees, subcontractors, respective agents or anyone else acting in their behalf. The Contractor agrees to assume the risk of all damage, loss, costs or expense, and agrees to defend, indemnify and hold harmless the City of Albany, its officers, employees and agents from and against any liability, damage, loss or expense which may accrue to be sustained by the City on account of any claim, suit, or action brought against the City for the death of or injury to persons or destruction of property involving the Contractor sustained in connection with performance of the contract arising from any cause whatsoever (including without limitation, falls from scaffolding, ladders, catwalk, beams or other high places; mishaps involving cranes, booms, elevators, trucks or other equipment; all liability imposed upon the City by Section 240 of the New York State Labor Law; injuries resulting from electrical shock; and failure of or defect in any equipment, instrument or device supplied by the City to the Contractor) except negligence or willful misconduct of the City or its employees acting within the scope of employment. ---PAGE BREAK--- CITY OF ALBANY RFB: WATEROUS FIRE HYDRANTS 15 The Contractor agrees to defend, indemnify, and hold harmless the City, its officers, agents and/or representatives from any and all loss, cost, payment, judgment, and/or attorney’s fees arising from any and all claim or claims for personal injury and/or property damage allegedly caused by, or resulting from the work or performance of the work, including but not limited to, any and all claims for personal injury and/or property damage allegedly caused, in whole or in part, by the negligence or intentional act or omission of the Contractor, its officers, agents, and/or representatives. SECTION 10. INSURANCE This contract shall be void and of no effect unless the Contractor secures and delivers a certification of insurance dated within ten (10) days of the date of the signing of the contract, and Contractor shall maintain such insurance policies as will protect themselves, their subcontractors and, unless specified otherwise, the City of Albany, New York (the owner), including their agents, servants and employees and the Engineer as additional named insured, from any and all claims for Bodily Injuries, Death or Property Damage which may arise from operations under this contract whether such operations be by himself/herself or by any subcontractor or anyone employed by him/her directly or indirectly, or any other party who may be injured, claim injuries or die. The following insurance policies are required: Statutory Worker’s Compensation Public Liability and Property Damage Automotive Liability Bodily injury Bodily Injury Each occurrence $1,000,000 Each person $1,000,000 Aggregate $1,000,000 Each accident $1,000,000 Property Damage Property Damage Each occurrence $1,000,000 Each accident $ 500,000 Aggregate $1,000,000 Such policies to insure: a) Contractor’s Public Liability & Property Damage, including explosion, collapse and underground hazards. b) Contractors Protective Liability & Property Damage. c) Completed Operations Liability & Property Damage. d) Contractual Public Liability & Property Damage. e) Automobile Public Liability & Property Damage insuring all owned and non-owned automotive vehicles and equipment. Owners Protective Liability & Property Damage - The Contractor shall take out and furnish to the owner and maintain and pay for during the life of this contract, complete Owner’s Protective Liability Insurance and shall provide certificates of insurance dated within ten (10) days of the signing of the contract, protecting the Owner, its agents, servants and employees and the Engineer as additional named insured, from any and all claims for personal injury, death or property damage arising out of the operations of the Contractor and his/her subcontractor on this job. The limits of liability shall be the same as specified under above for the Contractor’s Public Liability and Property Damage Insurance. ---PAGE BREAK--- CITY OF ALBANY RFB: WATEROUS FIRE HYDRANTS 16 Fire Insurance - In addition to such fire insurance as the Contractor elects to carry for his/her own protection, he/she shall secure and maintain in the name of the owner, policies upon such structures and materials and in such amounts as shall be designated in the information of Bidders. The policies shall be delivered to the Owner. The original Owner’s Protective Liability insurance policy and certificates and/or copies of policies of such insurance specified above shall be furnished to the Owner prior to commencement of the work. All policies shall be secured from a company or companies which are satisfactory to the Owner and licensed to issue such policies in the State of New York. All policies and certificates shall contain an unequivocal statement that not less than thirty (30) days written Notice of Cancellation of any insurance shall be given to the Owner. SECTION 11. PRIOR PERFORMANCE No bid shall be accepted from or contract awarded to any person who is in arrears to the City, upon debt or contract, or who is in default as surety or otherwise upon any obligation to the said City, nor shall a bid he accepted or contract awarded to any contractor whose performance of any previous contract was unsatisfactory. SECTION 12. NON-PERFORMANCE If the Contractor fails at any time performing work required by this contract within the time limits specified, the City shall have the right to terminate the contract upon ten (10) business days written notice to the Contractor. SECTION 13. TERMINATION Notwithstanding any provisions of this Bid, the CITY shall have the right at any time, with or without cause, to terminate the resulting Contract and the services contemplated by this Bid on thirty (30) days written notice of such termination. In the event of such termination of the resulting Contract, the contract term shall be changed accordingly and the Contractor shall be entitled to compensation for all services theretofore authorized and performed pursuant to the resulting Contract in accordance with the resulting Contract. SECTION 14. INCORPORATION OF TERMS All provisions of the Bid Specifications shall be incorporated into a contract which shall be executed by the Contractor to whom the bid was awarded and the City. SECTION 15. EQUIVALENCE This bid specifications as set forth are intended to be descriptive and the City will consider bids from any vendor who can meet or exceed the specifications listed in the bid proposal as they relate to quality durability and performance. Deviations will not disqualify a bid where deviations are minor and do not affect quality, durability or performance. Any such deviations from bid specifications must be explained on the vendor’s bid submissions. The City’s decision will be final in any case where a product is to be considered as equal to the specifications. SECTION 16. SILENCE OF SPECIFICATION ---PAGE BREAK--- CITY OF ALBANY RFB: WATEROUS FIRE HYDRANTS 17 The apparent silence of this specification and any supplemental specification as to the details or the omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. SECTION 17. STATEMENT OF NON-INVESTMENT IN THE IRANIAN ENERGY SECTOR Pursuant to General Municipal law § 103-g, by submitting 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 of subdivision 3 of section 165-a of the state finance law. The list in question is maintained by the New York State Office of General Services. For further information and to view this list please go to: http://www.ogs.ny.gov/about/regs/ida.asp. If in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor. A political subdivision may award a bid to a bidder who cannot make the certification pursuant to paragraph a of N.Y. General Municipal Law § 103-g on a case- by-case basis. SECTION 18. NON-DISCRIMINATION AND DIVERSITY STATEMENT Pursuant to Federal laws and regulations, the New York State Executive Law Article 15-A and the City of Albany General Code Chapter 48, Article III Omnibus Human Rights Law, the City recognizes its obligation under the law to prevent discrimination on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency and to promote opportunities for maximum feasible participation of certified minority-and women-owned business enterprises and the employment of minority group members and women in the performance of City contracts. In furtherance of these rules and principles, the City of Albany highly encourages the participation of certified minority- and women–owned business enterprises (“MWBE”) at the City’s goal levels and the employment of minority groups’ members and women in the performance of its contracts. The City of Albany hereby notifies all Consultants submitting a proposal that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency in consideration for award. Further, by submission of a bid in response to this Bid request, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each ---PAGE BREAK--- CITY OF ALBANY RFB: WATEROUS FIRE HYDRANTS 18 party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that: “The respondent/contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The respondent/contractor will not participate directly or indirectly in the discrimination prohibited by the federal, state and local laws and regulations, including employment practices. In all solicitations, either by competitive bidding, or negotiation made by the respondent/contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the respondent/contractor of the respondent/contractor’s obligations under this Statement and the federal, state and local laws and regulations relative to Non-discrimination on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency SECTION 19. AWARDING THE CONTRACT The City of Albany reserves the right not to award a contract. SECTION 20. LIVING WAGE ORDINANCE All Contractors who enter a service contract with the City of Albany must comply with the Living Wage Ordinance 50.61.05 as adopted by the Common Council on September 8, 2005. See Living Wage Certification/Declaration Section. SECTION 21. INVOICE PROCEDURES Upon completion of the work task, an invoice and City voucher shall be delivered or mailed in duplicate to: City of Albany Department of Water and Water Supply 10 N. Enterprise Drive Albany, New York 12204 SECTION 22. SUBMITTALS Vendor shall provide schedule of unit prices for all services, personnel and materials that may be utilized in the scope of this contract; that schedule of values will be incorporated into the scope of services. ---PAGE BREAK--- CITY OF ALBANY RFB: WATEROUS FIRE HYDRANTS 19 SECTION 23. CONTRACT TERM The contract will commence on execution and will terminate close of business December 31, 2021. The contract may be extended for two additional one year periods pending budget approval and upon mutual agreement between the Albany Water Board and the Contractor. SECTION 24. COMMODITY PRICE ESCALATIONS If an option to extend the contract is exercised, the agreed upon prices, from the bidder’s original submission, may be increased up to 2% per extension option executed. ---PAGE BREAK--- CITY OF ALBANY RFB: WATEROUS FIRE HYDRANTS 20 TECHNICAL SPECIFICATIONS INTENT It is the intent of the City of Albany’s Department of Water and Water Supply to solicit bids for provision of WATEROUS FIRE HYDRANTS, as described herein. EQUIVALENT PRODUCT The City of Albany’s Department of Water and Water Supply has standardized water hydrants used within the City limits, per City Resolution 1978A (dated June 21, 1978), to be only Waterous Fire Hydrants, as described herein. Deviations from these specifications may result in the submitted bid being rejected, and not considered as part of this solicitation. SPECIFICATIONS  Waterous Fire Hydrant, Complete and Assembled o 5-1/4 Pacer© Traffic o Opening direction – right o Waterous operating nut #2 (pentagon) o Traffic section length 16” (breakoff) o Bottom 6” mechanical joint (class B, oversize) o Painted red with silver caps o Optional Alpha™ Restraint Joint EXECUTION The complete and assembled Waterous Fire Hydrants will be delivered to: City of Albany Department of Water and Water Supply 10 N. Enterprise Drive Albany, New York 12204