Large Pipes and Accessories for the Department of Public Works/ Water
| Agency: | City of Buffalo |
|---|---|
| State: | New York |
| Level of Government: | State & Local |
| Category: |
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| Opps ID: | NBD12517208612788930 |
| Posted Date: | Mar 14, 2024 |
| Due Date: | Mar 28, 2024 |
| Source: | Members Only |
| Bid Title: |
Large Pipes and Accessories for the Department of Public Works/ Water
|
| Category: | City of Buffalo Bids & RFPs |
| Status: | Open |
|
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Attachment Preview
CITY OF BUFFALO
NEW YORK
DEPARTMENT OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS
DIVISION OF PURCHASE
65 NIAGARA SQUARE, ROOM 1901 CITY HALL
BUFFALO, NEW YORK 14202
PHONE (716) 851-5222 FAX (716) 851-5231
SPECIFICATIONS
FOR
LARGE PIPES AND ACCESSORIES
FOR THE
DEPARTMENT OF PUBLIC WORKS/WATER
DATE ISSUED: MARCH 14, 2024
BID DUE DATE: MARCH 28, 2024
AT 11:00 AM
BUYER: RICH DAVIS
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CITY OF BUFFALO
DEPARTMENT OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS
DIVISION OF PURCHASE
65 NIAGARA SQUARE, ROOM 1901 CITY HALL
BUFFALO, NY 14202
REGULATIONS
FOR ENTERING FORMAL PROPOSALS FOR MATERIALS, SUPPLIES, EQUIPMENT, AND;
SERVICES
1. METHOD OF TENDERING PROPOSALS.
(A) ALL BIDDERS MUST TENDER THEIR PROPOSAL ON THE FORM FURNISHED WITH
THESE SPECIFICATIONS and shall execute the form in ink or typewriter, without alteration or
additions of any kind. Except for catalogs or other descriptive literature specified or requested, ANY
LETTERS OR OTHER PAPERS ATTACHED TO PROPOSALS OR SUBMITTED UNDER
SEPARATE COVER CONTAINING CONTINGENT CLAUSES OR MODIFICATIONS TO THESE
SPECIFICATIONS WILL NOT BE ACCEPTED. Any deviation or minor points of variance shall be
specifically shown and stated in the space provided on the bid sheet or on a separate sheet of paper, and
only those deviations or minor variations contemplated or permitted thereby will be considered.
(B) No person, co-partnership, or corporation, shall submit more than one proposal, either directly or
by agent. Each bidder shall sign said proposal with his/her full name, in his/her own handwriting, and, if
a partnership, each partner must sign; if a corporation, the corporate name shall be signed, and signed and
acknowledged by a duly authorized officer thereof.
(C) A bid bond, certified check, bank draft or letter of credit must accompany a bid under
$250,000.00. If the total dollar amount of the bid exceeds $250,000.00, then only a bid bond is
acceptable, otherwise, a certified check, bank draft or letter of credit shall be for ten percent (10%) of the
amount bid. Bid bond running to the City of Buffalo to be executed by bidder as principal and by duly
incorporated company authorized to guarantee performance of the contract, and to do business in the State
of New York, as surety, in the penal amount of not less than ten percent (10%) of the bid, conditioned that
if the bid accompanying the bond shall be accepted, the principal named in such bond will, whenever
required, enter into a written contract for the performance of the contract in accordance with conditions as
provided in the plans and specifications and will furnish the required security for the faithful performance
of the contract as specified, and the penal sum of such bid bond, in the amount of one hundred percent
(100%) shall be and become the minimum amount of the damages suffered by the City as liquidated
damages, if the bidder whose bid is accepted shall fail to enter into a contract with the City and give
security for the performance of the contract as required, upon notice to him as in said plans and
specifications prescribed. The amount of the aforementioned bid bond, certified check, bank draft or
letter of credit, shall be based on the total amount of the bid arrived at by the addition of the totals for all
groups or units bid upon. Whenever bidder submits proposals for items aggregating less than $20,000.00,
no security need accompany the proposal.
(D) “Energy Star
For all applicable products bidders must submit with their bid a statement indicating that all products
purchased will bear the “Energy Star” label as awarded by the U. S. Environmental Protection Agency
and U. S. Department of Energy.
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(E) If bidder finds it necessary to purchase a product that does not bear the “Energy Star” label the
bidder or the respective Department or Agency must include a written statement indicating the reason
“Energy Star” products cannot be used, and a comparison of the initial and operating cost differential
during the useful life of the “Energy Star” rated product and the non-rated product.
(F) All bidders must submit with their bid a statement indicating that they will work toward a
minority workforce goal of 25%, and woman workforce goal of 5%. In addition, a statement must
be submitted indicating that the bidder will work toward a business utilization goal for minority
business enterprise of 25% and woman business enterprise of 5%.
Forms EEO-2A and 2B are enclosed and must be completed and returned with your
proposal.
2. QUALIFICATIONS FOR BIDDER.
Ordinarily, proposals are not considered from bidders on supplies, material or equipment, if the
bidder or manufacturer of same is in bankruptcy, or in the hands of a receiver at the time of tendering a
proposal or at the time of entering into a contract, but the Director of Purchase reserves the right to accept
or reject such proposals in the best interest of the City. No bid shall be accepted from any person or
corporation that is in arrears to the City upon any debt or contract.
FOR THE PURPOSE OF THIS BID, A PERFORMANCE BOND WILL BE REQUIRED WHEN
ENTERING INTO A CONTRACT, SEE ITEM THREE (3) PARAGRAPH TWO (2) BELOW
FOR POSSIBLE OPTIONS.
BID SURETY IN THE FORM OF A BID BOND, BANK DRAFT, CERTIFIED CHECK, OR
LETTER OF CREDIT FOR 10% OF THE BID TOTAL AMOUNT IS REQUIRED WHEN
SUBMITTING A BID $20,000 OR GREATER.
3. CONTRACT AND BOND.
(A) The successful bidder will be required to enter into a contract and furnish a bond guaranteeing the
faithful performance of the contract in the penal amount of the contract price, such bond to be executed
by the bidder as principal, and by a duly incorporated company authorized to guarantee the performance
of the contract and to do business in the State of New York as surety. Said bond to be approved by the
Corporation Counsel as to form and by the Comptroller of the City of Buffalo as to sufficiency of the
bond. The amount of the performance bond shall be based on the total amount of the contract, arrived at
by the additions of the totals for all groups or units listed thereon.
Please note the City of Buffalo may waive its requirement of the above performance bond, at the
discretion of the Director of Purchase. If approval is granted and your company is not required to
submit a performance bond please list the credit price that would be deducted from your proposal.
4. DISCOUNT.
Bidder will please specify cash discount, if any; discount period to begin with receipt of invoice
in the office of the Division of Purchase. The cash discount is not to be considered in determining the
low bid, except where bids are otherwise identical.
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5. PAYMENT.
Payment for material, supplies or equipment called for herein shall be made within thirty (30)
days after approved completion of contract and the rendition of proper invoice to the Division of
Accounting, 65 Niagara Square, Room 1214 City Hall, Buffalo, New York 14202.
6. PATENT INFRINGEMENT.
The Contractor shall agree to indemnify and save harmless the City of Buffalo, its servants,
agents and employees from any and all suits or action at law or in equity, which may hereafter be brought
against them or either of them, for, or on account of, the infringement, or alleged infringement, of any
patent or patent rights upon or pertaining to any of the articles described herein.
7. GENERAL.
(A) The Contractor will not be allowed to take advantage of any errors or omissions. The Director of
Purchase reserves the right to reject any and all bids on any or all items in the proposal and to waive any
informality. In case of error, unit price governs.
(B) Should there be any question concerning these specifications, or the intent of these specifications,
the prospective bidder shall apply to the Director of Purchase for such information.
(C) These regulations, specifications, invitation for bids, and the proposal are deemed to be
incorporated in the contract.
(D) The Division of Purchase reserves the right to award by item, or as a whole, or to reject any or all
bids.
8. TAXES.
Quotations shall not include any New York Sales Tax as municipalities of New York State are
not subject to this tax. No Federal Tax of any kind shall be included unless the Federal Law specifically
levies such tax against purchases made by the political subdivisions of a State.
9. TITLE.
Contractor must transfer a good and incontrovertible title to all equipment furnished hereunder
free and clear of all liens and encumbrances of whatever name and nature.
10. ASSIGNMENT AND SUBCONTRACTING
Pursuant to Article 22, Section 22-9 of the City Charter, no contractor awarded a contract
pursuant to bids shall assign or subcontract any part of such contract to any person, firm or corporation by
whom a proposal was submitted to the City for the same contract. In any event, no contractor shall
assign, transfer or otherwise dispose of the within contract, or any part thereof, or any right, title or
interest there under, without the prior written consent of the Director. Any such purported action without
such consent shall be null and void.
11. SUBCONTRACTOR LIST.
The successful bidder shall submit a list of proposed subcontractors to the Director of Purchase
for approval and obtain written consent thereto prior to the execution of the contract.
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12. NATIONALLY KNOWN CORPORATIONS.
The Director of Purchase reserves the right to determine which corporations are to be designated
as nationally known, and the decision will be final.
13. DELIVERY DATE, PENALTIES AND EXTENSIONS OF TIME.
The delivery date shall be considered by the Director of Purchase in making the award. Such
delivery date shall be of the essence of the contract.
If the contractor and/or supplier fails to complete the contract within the specified delivery date or
within any extensions thereof granted in accordance with this section, the City may elect to permit the
contractor and/or supplier to proceed with and complete the contract, provided, however, that in any such
case such permission shall not be deemed a waiver in any respect by the City of the contractor’s and/or
supplier’s liability for damages or expenses thereby incurred by the City as a result of the failure to
complete delivery within the specified time, but such liability shall continue in full force against the
contractor and/or supplier as if such permission had not been granted.
In order to avoid all controversy in the determination of actual damages or expenses to the City
for the delay in completion of the contract by reason of the City’s election not to terminate the right of the
contractor and/or supplier to proceed with the completion of the contract, the contractor and/or supplier
and their surety shall be liable for and shall pay or allow to the City a sum equal to one percent (1%) of
the total amount of the contract per day as fixed and agreed liquidated damages for each and every
calendar day, Sundays and holidays included, after the date fixed for delivery during which time the
contract shall remain incomplete, and any such damages and expenses may be deducted by the City from
any payment or payments then due or thereafter to fall due to the contractor and/or supplier.
No extension of time for completion of this contract shall be granted unless the contractor and/or
supplier shall make written application to the Director of Purchase no later than five (5) calendar days
prior to the specified delivery date for an extension of time to complete delivery and the Director of
Purchase shall have granted such extension in writing no later than the date upon which delivery was to
have been made. The granting of any such extension and the length of time thereof shall be in the sole
discretion of the Director of Purchase.
14. NON-COLLUSIVE BIDDING CERTIFICATION.
If the bidder is a corporation, the execution of the non-collusive certification in the form of
proposal shall be deemed to include the signing to non-collusion as the act and deed of the corporation.
No bid shall be considered for an award nor will any award be made to a bidder where the
proposal does not include the statements as to non-collusion as set forth in the form of proposal herein,
provided however, that if in any case the bidder cannot make the foregoing certification, the bidder shall
so state and furnish with the bid a signed statement which sets forth in detail the reasons therefor. In such
event the bid shall not be considered for award nor shall any award be made unless the Director of
Purchase determines that such disclosure was not made for the purpose of restricting competition. In this
connection, it should be noted that the fact that a bidder has published price lists, rates or tariffs covering
items being procured or has informed prospective customers of the 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 price
as being bid, does not constitute, without more, a disclosure to any other bidder or to any competitor
within the meaning of the non-collusive certification included in the form of proposal.
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