Windows Vinyl Replacement

Bureau of Purchasing
City Hall Room 105 A, 30 Church Street

Rochester, New York 14614-1290
www.cityofrochester.gov
_________________________
PRINTED NAME OF BIDDER
PRIME VINYL REPLACEMENT WINDOWS
Invitation to Bid No. 506010 Issued: February 16, 2021
PURCHASING BUREAU CONTACT: Tammy Macon, Purchaser (585)428-7389
BID CLOSING: Tuesday, March 2, 2021 at 11:00 a.m.
Sealed Bids are to be submitted electronically through BidNet prior to the closing date
and time. Alternatively, bids may be submitted in hard copy to the Office of the
Purchasing Agent, City Hall, Room 105A, Rochester, NY 14614, prior to the closing date
and time, after which all bids properly received will be opened, read and recorded via
Zoom. Only submit one bid – either electronically or in hard copy.
Note: Due to the COVID-19 crisis, City Hall is closed to the public. Hard copy bids must
be dropped-off in a secured drop-box at City Hall’s Link Entrance located on Fitzhugh
Street, Rochester, NY 14614. To ensure your hard copy bid is received and read,
clearly write the name of your company as well as the Invitation to Bid number and title
on the outside of the sealed envelope.
This Invitation to Bid incudes the Terms and Conditions specified herein, the Proposal,
the attached General Terms and Conditions and Instructions to Bidders, and any
addenda and other documents and/or specifications incorporated by reference herein.
CONTRACT CHARACTERISTICS
(For definitions or explanations, see General Conditions)
Type of Contract: TERM CONTRACT
Bid Deposit Requirement: Yes, $5,000.00, See Section 6
Performance Security Requirement: YES, See Section 7
Insurance Requirement: NONE
Samples Requirement: UPON REQUEST
Descriptive Literature/Technical Data Requirement: SUBMITTED WITH BID
BIDDERS: Please note that prices, company identification and authorized signature are to
be entered on the Proposal which appears at the end of the specifications.
Phone: 585.428.7041 Fax: 585.428.6038 TTY: 585.428.6054 EEO/ADA Employer

1. SCOPE
1.1 The following specifications are intended to specify double hung solid vinyl prime
replacement windows.
1.2 Double hung windows are vertically operating windows in which the weight of the
sash is offset by a counterbalancing mechanism mounted in the windows. Both
sashes are movable for ventilation and will remain in desirable ventilating
positions. Double Hung Designation (DH-R35).
1.3 The windows are to be manufactured for the City and delivered by the contractor
to a job site within the City as directed by the City Representative. This contract
is only for the purchase of windows. Installation is not included in this contract.
2. CONTRACT TERM
2.1 It is the intention of the City to enter into a contract for a term of one year
commencing on date of award and ending on March 31, 2022.
2.2 The City may extend the contract under the same terms and conditions for up to
three (3) additional years in periods of one (1) year or less, provided such
extension is mutually agreeable.
2.3 If industry design and/or energy rating standards change during a contract term,
the City reserves the right to require that the new standards apply to any
windows delivered during a contract extension. Prior to such extension, the
contract must be amended to reflect the products that will be provided during the
extension. Prices for the revised product must be at or lower than the initial bid
prices. If the contractor is not willing to offer the City the new products during an
extension at prices acceptable to the City, the City reserves the right to not
extend the contract and to re-bid the contract.
3. PROPOSAL PRICING
3.1 Bidders must enter a unit price cost for every line included in the Total Bid Price.
A unit is a complete window unit as specified. A dollar figure must be entered.
N/C, N/A, etc. is not acceptable. Entering a $0 will be interpreted as being no
charge to the City of Rochester. The Total Bid Price shall be calculated based
upon the unit price multiplied by the estimated number of units shown. If there is
an ambiguity in extensions, the Unit Price bid shall govern.
3.2 Bidders must enter a unit price cost in every cell in the grid shown on the
Alternate Types of Windows Proposal Page, and any options shown. A dollar
figure must be entered. N/C, N/A, etc. is not acceptable. Entering a $0 will be
interpreted as being no charge to the City of Rochester. The City reserves the
right to reject any bid where the unit prices offered for Alternate Types of
Windows are unbalanced and/or not consistent with competitive market pricing
and the unit prices offered for the Total Bid Price calculation.
3.3 The Cost per Unit price quoted shall be the net delivered price to the City for
each unit ordered, including any and all delivery and other cost items specified
herein and discounts, rebates. The City will pay no other costs other than the
unit price quoted per window delivered.
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4. METHOD OF AWARD
4.1 The City intends to award a contract to the responsive and responsible
bidder whose bid is the lowest best value offer to the City on the basis of
the Total Bid Price.
4.2 For purposes of this bid, if one or more bids are submitted by a business
certified as an MWBE business by New York State on the date of the bid,
the MWBE bidder(s) shall receive a five percent (5%) price advantage
over non-MWBE bidders pursuant to Section 8 of Ordinance No. 2018-
54. The lowest best value offer shall be defined as the lowest bid after
adjusting for any MWBE price advantage. For example, if three bids are
received, one for $100.00, one for $103.00, and one by an MWBE
business for $105.00., the lowest best value offer would be the bid
submitted by the MWBE business for $105.00. If instead the MWBE
business submitted a bid for $105.01, the lowest best value offer
would be the bid for $100.00. If award of the contract is based upon
award by total bid, or by group, or by item, the City reserves the right to
determine its lowest best value offer based upon total bid, group and per
item prices offered.
4.3 The City reserves the right to reject any bid where the product offered does not
meet the stated quality, construction and delivery requirements in this
specification based upon the City’s evaluation of the information provided with
the bid and the City’s test of sample products.
4.4 The City reserves the right to reject a bid if prices proposed for alternate windows
are unbalanced or do not reflect current market prices, per Section 3.2.
4.5 Bidders must include all reasonable and necessary transportation, shipping,
handling and delivery charges in their bid price.
5. ADDITIONAL BID SUBMISSION – ALTERNATE WINDOW TYPES
5.1. Bidders must include with their bid submission costs for the following additional
types of vinyl replacement windows:
 Awning
 Casement
 Double Casement
 Deadlight
 Slider
5.2 The submitted prices for the above referenced window types will not be included
in the determination of the contract award unless prices are unbalanced per
Section 3.2. Contract award shall be based solely on the net delivered unit price
for double hung windows as specified in this contract document. Over the term of
the contract, it is estimated that the City will order a total of 300 windows of the
types described in this section.
5.3 Window types from this section shall meet the minimum quality specifications of
the double hung windows offered. Unless otherwise stated by the bidder, these
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windows shall be of the same series as the double hung windows and must meet
the construction, energy efficiency and quality of the double hung windows
specified herein.
5.4 The City reserves the right to special order vinyl replacement windows under this
contract that are not specifically listed, in order to meet unique architectural
requirements of a specific building, or to order related peripheral items or options.
The basis for pricing these unspecified windows shall be the net delivered unit
cost bid, adjusted as requested by the contractor for unique costs associated with
the special order. The contractor must provide a separate written quote for any
special order window or item or option and the quote must be approved in writing
by the City prior to manufacture and delivery of the window(s). Failure to get prior
written approval for the cost of the window(s) will release the City from any
obligation to pay for such window(s). The City further reserves the right to order
the windows from another source if the contractor’s price quote is unbalanced or
not consistent with current market pricing.
6. BID SECURITY
A bid security in the amount of $5,000.00 must be submitted with the bid. The security
may be in the form of a bond, cash, certified check, or irrevocable letter of credit,
payable on demand to the City of Rochester. The surety company must be licensed to
transact business in the State of New York.
7. PERFORMANCE SECURITY
7.1 The vendor will be required to execute a Performance Security for the furnishing
and delivery of the window units.
7.2.1 The contractor must furnish an executed surety company bond in an

amount equal to fifty percent (50%) of the Total Bid Price.
A. The Performance Bond shall be furnished as security for the

faithful performance by the contractor of all terms and conditions
of the contract documents.
B.. The bond shall be made out to the City of Rochester, prepared on
an approved form and submitted by the contractor to the
Purchasing Agent within ten (10) days of notification that the bid
was accepted. The surety thereon must be such surety company
or companies as are authorized and licensed to transact business
in the State of New York. The surety furnishing the Performance
Bond must waive notice of any change in the contract price or
contract time. Attorneys-in-fact who sign bonds must file with
each bond a certified copy of their power of attorney to sign said
bonds.
7.2.2 Alternate Security
A. At its option, the City shall have the right to accept cash, a
certified check, or a letter of credit in satisfaction of the
foregoing requirements.
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B. In the event a contractor submits cash or a cash

instrument as alternate security, the City will accept 25% of
the Total Bid Price. The alternate security will be held by
the City until the contract requirements have been
completely met. The City will pay no interest on funds held
by the City during the term of the contract.
8. TAX
The City of Rochester 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 item(s) specified. The
City of Rochester 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.
9. DELIVERY REQUIREMENTS
9.1 The contractor will be responsible for placing orders with the manufacturer (if not
the contractor) upon receipt of a Notice to Proceed from an eligible construction
contractor. A list of eligible construction contractors will be supplied by the City.
The Notice to Proceed will identify the construction contractor, project address,
and a clear indication of the number of windows to be ordered. It is the
responsibility of the contractor to obtain prior City approval should a
construction contractor request a change to the window count. Delivery of
units is not to exceed 14 days. The cost for the ordering and delivery must
be included in the bid price. The contractor is not responsible for providing
window measurements on behalf of the construction contractor.
9.2 Units shall be delivered to the contractor – they may not be drop shipped to any
other site. Upon receipt of unit(s) from the manufacturer, the contractor shall
store the unit(s) until such time that the City of Rochester, or its representative,
determines a delivery date. The cost for such storage must be included in the
unit prices bid. The City reserves the right to inspect the contractor’s site at any
time to verify that the contractor received the windows within fourteen (14) days
from the manufacturer and are available for delivery to the City per Section 9.3.
9.3 Upon notification of delivery date, contractor shall transport units to job site no
later than 48 hours from notification. The cost for such delivery must be included
in the unit prices bid.
9.4 The City will not pay any ordering, measuring, shipping, storage or delivery
charges as separate items. All costs must be factored into the unit prices bid.
9.5 Delivery terms are FOB Destination, delivered and unloaded as ordered by the
City.
10. QUALIFICATION OF BIDDER
10.1 No bid will be considered unless the firm submitting the bid can meet the
following condition(s):
10.1.1 That the manufacturer(s) or bidder(s) has in operation a local storage

facility (within metro Rochester) adequate for the storage of the windows
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units until such time that the City of Rochester or its representative
determines a delivery date per Section 9.3.
10.1.2 Bids will be accepted from only established manufacturers or their

authorized dealers. In the event a bid is submitted by a dealer, the dealer
guarantees that the bidder is an authorized dealer of the manufacturer
and that the manufacturer has agreed to supply the dealer with all
quantities of items to be ordered by the dealer pursuant to any resulting
contract with the City. The bidder agrees further to provide the City with a
certificate from the manufacturer acknowledging same, if requested.
10.2 Bidders must be able to demonstrate to the satisfaction of the City that they have
been in the commercial replacement window business for at least five (5) years,
with customers and volume similar to that required to meet the terms of this
contract.
10.3 No proposal will be accepted from or contract awarded to any person, firm or
corporation that has failed to perform faithfully any previous contract with the
City.
11. QUALITY ASSURANCE
11.1 Field Measurement – The contractor is required to take field measurements

prior to fabrication of window units and guarantee that windows delivered
properly fit as replacements.
11.2 Manufacturer’s Qualifications - Subject to compliance with these specifications,

the replacement windows provided must be listed by product name and
manufacturer in the AAMA Program Directory or a directory of an independent
laboratory testing in accordance with American Architectural Manufacturers
Association.
11.3 Any bidder must, upon request of the City, provide a sample of a complete
window that the bidder is offering to supply. The sample should be a regular
stock production run and representative of a common sized double hung window.
The City will examine and test the sample to determine if it meets these
specifications. The City will return any samples except for that of the selected
contractor, which shall be kept by the City during the term of the contract as a
standard to verify the quality of windows delivered during the contract. Samples
returned to bidders may or may not be in usable condition, depending on the
testing the City needs to do to verify conformance with the specifications.
11.4 Mock-up - If requested, prepare a mock-up of each type of prime window

required for purposes of demonstrating compliance with the requirements and to
serve as standard for judging completed work.
11.5 Energy Star Rating - Windows must be NFRC rated, certified and labeled for
both u-factor and solar heat gain and meet current Energy Star criteria for the
Northern climate zone. Windows must meet one of the four criteria shown in
Section 18.7.
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11.6 Windows must meet AAMA/WDMA/CSA 101/I.S.2/A440-08 standards for

product performance. Windows must have a performance grade (PG) of PG 35
or greater.
12. PAYMENT OR ACCEPTANCE NOT CONCLUSIVE
12.1 No payment made under the contract shall be conclusive evidence of the
performance of the contract, either wholly or in part, and no payment made for
the delivery of the items in whole or in part shall be construed as an acceptance
of defective work or improper materials, nor relieve the contractor from making
good the defects.
12.2 The final acceptance shall not be binding upon the City of Rochester nor
conclusive, should it subsequently develop that the contractor had furnished
inferior items or had departed from the specifications and/or the terms of the
contract. Should such a condition become evident, the Purchasing Agent of the
City of Rochester shall have the right, notwithstanding final acceptance and
payment, to cause the item or items to be properly furnished in accordance with
the specifications (and drawings, if any) at the cost and expense of the vendor, or
his surety, if any.
13. QUANTITY
13.1 The City of Rochester anticipates purchasing approximately 6000 +/- windows
during the term of the contract that will vary in size and quantity.
13.2 Orders for windows under this contract must be placed by a City of Rochester
Purchase Order.
13.3 The City will make no guarantee as to quantity or dollar volume of this contract.
Quantities listed herein are estimates only.
13.4 The City reserves the right to advertise for any unanticipated requirements of
substantial quantities if it is in the best interests of the City, at the discretion of
the Purchasing Agent.
14. PAYMENT
Payment will be made by the City upon delivery of invoices acceptable to the City (which
must include the correct authorizing purchase order and specific information about the
window size, price, delivery date and delivery location). Payment shall be made within
thirty (30) days after the window units have been delivered, inspected and accepted, and
approved by the authorized ordering department's representative.
15. DEFAULT
15.1 The City may, by written notice of default to the contractor, terminate this contract
in whole or in part. Examples of circumstances of default include, but are not
limited to the following circumstances:
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15.1.1 If the contractor fails to make delivery of the items ordered or to perform
the services within the time specified herein or any approved extensions
thereof; or
15.1.2 If the contractor fails to perform any of the other provisions of this
contract, or so fails to make progress as to endanger performance of
this contract in accordance with its terms, and in either of these two
circumstances does not cure such failure within a period of ten (10)
days (or such other period as the Purchasing Agent may authorize in
writing) after receipt of notice from the Purchasing Agency specifying
such failure.
15.2 In the event the Purchasing Agent of the City terminates this contract in whole or
in part for breach of contract, the City may procure, upon such terms and in such
manner as the Purchasing Agent may deem appropriate, supplies or services
similar to those so terminated, and the vendor shall be liable to the City for any
excess costs for such similar supplies or service; PROVIDED that the vendor
shall continue the performance of this contract to the extent not terminated under
the provisions of this clause.
15.3 The contractor shall not be liable for any excess of costs if evidence acceptable
to the Purchasing Agent is presented that failure to perform the contract was due
to causes beyond the control and without the fault or negligence of the
contractor.
16. DISPUTES
Except as otherwise provided in this contract, any dispute concerning a question of fact
arising under this contract shall be decided after a hearing by the Purchasing Agent, who
shall reduce the decision to writing and mail or otherwise furnish a copy thereof to the
contractor. The decision of the Purchasing Agent shall be final and binding.
17. SUBMITTALS WITH BID
17.1 Product Data - Submit complete manufacturer’s product literature and

specifications for the product offered. The specific product line for the double
hung windows must be provided, as well as product lines proposed for the
alternate windows.
17.2 Manufacturer’s data – Submit complete information describing the manufacturer,

location, years in business, product line, etc. The City reserves the right to
conduct a credit report on the manufacturer and reject any bid from
17.3 Shop Drawings - Submit shop drawings showing elevations of units, full size
profiles of window frame members, thickness of metal, sizes, types, materials,
location of operating hardware; mullion details, method and materials for weather-
stripping; details of installation, including connection and relationship to other
work. Include schedules showing locations of units for each size and type.
17.4 Samples - Upon request of the City, a bidder must submit a sample window as
specified in Section 18.
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17.5 Test Reports - Submit certified laboratory test reports showing evidence that the
windows offered indicated complies with requirements of these specifications.
18. PRODUCTS AND MATERIALS
18.1 Color. The window sash and frame members must be bright white PVC of a
color acceptable to the City per the sample provided.
18.2 The weather-stripping shall meet the AAA requirements of publication number
AAA 701.2-1974.
18.3 Sash shall be glazed using 3/4" sealed insulating glass, made of two lites of
double strength glass with a ½”" air space created by a warm-edge spacer.
18.4 Half screens shall be of fiberglass mesh 18x16 and charcoal in color with
aluminum frame.
18.5 Fasteners to be stainless, cadmium plated or zinc plated steel or City approved
equivalent.8
18.6 Window latches to be constructed to provide latching of sash in closed position.
18.7 Energy Star Rating - Windows must be NFRC rated, certified and labeled for
both u-factor and solar heat gain and meet current Energy Star criteria for the
Northern climate zone. Windows must meet one of the four criteria on the
following grid. Check which criteria applies to the windows you are offering in the
bid:
Check Which One

U-Factor SHGC You Are
Supplying
≤ 0.27 Any
= 0.28 ≥ 0.32
= 0.29 ≥ 0.37
= 0.30 ≥ 0.42
18.8 Windows must be tested to AAMA/WDMA/CSA 101/1.S.2/A440 standards for

product performance.
18.9 Windows must have a performance grade (PG) of PG 35 or greater.
19. CONSTRUCTION
19.1 Master Frame
The master frame miters shall have carefully machined mitered corners to
produce hairline joints. Master frame miters shall be welded at the corners with
the use of a thermal fusion-welded process for strength and durability. All welds
to be de-flashed or routed for smooth attractive appearance. The frame shall be
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of multi cavity vinyl extrusions; solid rigid hollow PVC extrusion with a minimum
overall frame width of 3 1/4".
19.2 Sash
19.2.1 Sash frames shall be solid rigid PVC hollow extrusion. All miters to be
fusion welded and routed clean for strength and attractive looks.
19.2.2 Sash extrusion should be multi chambered for better thermal

performance and the ability to screw all necessary hardware.
19.2.3 Meeting rail shall contain at least one (1) sash lock to provide security
when closed (two locks required on oversized units).
19.2.4 The top sash should include a design feature to allow the bottom sash to
open only partially (approximately 3 inches) if the feature is engaged.
19.2.5 The sash shall be lifted with assistance from sash balances. The balance
tension shall be accurately set to allow the sash to be operated properly.
19.3 Screen
The screen frame shall be extruded aluminum, completely weather stripped. The
screen cloth shall be charcoal fiberglass mesh - 18x16. Screen shall be half
screen.
19.4 Head Expander
Each unit shall have an adjustable head and sill expander to allow proper fit into
the existing opening.
19.5 Glass
Minimum of ¾” total thickness insulated glass, made of two lites of double

strength glass with 9/16” air space created by warm-edge spacer. Glass may
have low-E coating to meet energy star requirements.
20. GUARANTEES AND WARRANTIES
20.1 The manufacturer shall warrant that the vinyl in their replacement windows will
not, under normal atmospheric conditions, chip crack, blister or peel for a lifetime.
Window manufacturer shall warrant the insulated glass for full material
replacement if under normal atmospheric conditions, material obstruction or
vision resulting from film formation, moisture, or dust collection between the
interior glass surfaces occurs within a period of twenty (20) years.
20.2 The bidder must submit with their bid the standard manufacturer’s warranty. The
City reserves the right to reject any bid where the manufacturer’s warranty is not
at a minimum consistent with standard industry practice.
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21. SUBMITTAL OF BIDS
21.1 Bid proposals for this bid should be submitted in a marked sealed envelope, to
include a signed original hard copy of the Proposal, bid specifications, addenda
and any support documentation required, delivered to and received by the
Purchasing Agent at the Bureau of Purchasing, Room 105-A, City Hall,
Rochester, New York 14614 by the closing date and time specified in the
Invitation to Bid or any addenda.
21.2 For this bid, instead of submitting a hard copy per Section 21.1, bid proposals
may be submitted by the bidder as an electronic submission through BidNet as a
.pdf of the signed original hard copy of the Proposal, cover page, bid
specifications, addenda and any support documentation required. Electronic bid
proposals are date time and stamped by BidNet. Bids stamped after the bid
closing date and time will not be read by the City of Rochester. The City
reserves the right to declare any bid non-responsive that is submitted
electronically without fully meeting the requirements of the Invitation to Bid. By
submitting a bid electronically, a bidder agrees and accepts that a notification of
award and/or City purchase order will create a legally binding contract between
the City and the bidder as if the bidder had submitted a signed original of the bid.
21.3 Bids submitted either in hard copy or electronically on BidNet must include the
entire Invitation to Bid, which includes the cover page, bid specifications,
addenda and any support documentation required, as well as the Proposal. The
City reserves the right to reject any bids submitted in hard copy or electronically
that do not include all of these documents.
21.4 Bidders should not submit two bids. Submit a bid either in hard copy per Section
21.1 or electronically per Section 21.2. The City reserves the right to reject any
and all bids if multiple bids are received from one bidder.
21.5 Note: Due to the COVID-19 crisis, City Hall is closed to the public. Hard copy
bids must be dropped-off in a secured drop-box at City Hall’s Link Entrance
located on Fitzhugh Street, Rochester, NY 14614. To ensure your hard copy bid
is received and read, clearly write the name of your company as well as the
Invitation to Bid number and title on the outside of the sealed envelope.
ALL BIDS WILL BE OPENED VIA ZOOM

March 2nd, 2020 at 11:00 AM EST
Join Zoom Meeting
https://cityofrochester.zoom.us/j/3964858911
Meeting ID: 396 485 8911
Bid results will be posted on www.bidnetdirect.com
22. CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT
22.1 The contract resulting from this bid shall be subject to the requirements of the
Iran Divestment Act of 2012 (the “Act”), Chapter 1 of the 2012 Laws of New York,
State Finance Law (SFL) § 165-a and New York General Municipal Law § 103-g
both effective April 12, 2012. Under the Act, the Commissioner of the Office of
General Services (OGS) is responsible for developing a list of “persons” who are
engaged in “investment activities in Iran” (both are defined terms in the law) (the
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“Prohibited Entities List”). The Prohibited Entities List as required by SFL § 165-
a (3) (b) is found on the OGS web site at
http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf.
22.2 CERTIFICATION. “By submission of this bid, each bidder and each person
signing on behalf of any bidder certifies, and in the case of a joint bid each party
thereto certifies as to its own organization, under penalty of perjury, that to the
best of its knowledge and belief that each bidder is not on the list created
pursuant to paragraph (b) of subdivision 3 of section 165-a of the State Finance
Law.”
22.3 Any bidder/contractor seeking to renew or extend this contract or assume the
responsibility of the contract awarded in response to this bid solicitation must
certify at the time the contract is renewed, extended or assigned that it is not
included on the Prohibited Entities List.
22.4 During the term of the contract or any extension, should the City receive
information that the contractor is in violation of the above-referenced certification,
the City will offer the person or entity an opportunity to respond. If the person or
entity fails to demonstrate that he/she/it has ceased engagement in the
investment which is in violation of the Act within 90 days after the determination
of such violation, then the City shall take such action as may be appropriate
including, but not limited to, imposing sanctions, seeking compliance, recovering
damages or declaring the contractor in default.
22.5 The City reserves the right to reject any bid or request for assignment for a
bidder/contractor that appears on the Prohibited Entities List prior to the award of
a contract and to pursue a responsibility review with respect to any
bidder/contractor that is awarded a contract and subsequently appears on the
Prohibited Entities List.
23. POLITICAL SUBDIVISIONS
Bidders should note that other political subdivisions may participate in the contract
resulting from this bid award as authorized by General Municipal Law. Use of this
contract by any other political subdivision must be coordinated between that subdivision
and the contractor. The City will have no responsibility for any such purchases and will
have no other role than to provide other political subdivisions a copy of this contract if
requested.
24. W-9
A W-9 is required with each bid.
25. NON-COLLUSIVE BIDDING CERTIFICATION
By submission of this bid, each bidder and each person signing on behalf of any bidder
certifies, and in the case of a joint bid each party certifies as to its own organization,
under penalty of perjury, that to the best of knowledge and belief:
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25.1 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.
25.2 Unless otherwise required by law, the prices which have been quoted in this bid
have not knowingly been disclosed by the bidder and will not knowingly be
disclosed prior to the bid opening, directly or indirectly, to any other bidder or to
any competitor.
25.3 No attempt has been or will be made by the bidder to induce any other person,
partnership or corporation to submit or not to submit a bid for the purpose of
restricting competition.
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PROPOSAL
The undersigned bidder hereby agrees to furnish the goods or services specified, and
to otherwise fully meet all terms, conditions, and specifications contained in this
Invitation to Bid without exception, unless exceptions are clearly noted in this
proposal. Signature must be that of the bidder or of an employee or agent authorized
to sign on behalf of the bidder.
DOUBLE HUNG VINYL REPLACEMENT WINDOWS
6000 +/- Window Units to be purchased. Estimated Quantity shown is for the number
of complete units in that size range.
Window Size or Option Cost Per Unit X Estimated Quantity = Extension
A. 0 to 81 United Inches $ ____________ X 2000 = $_____________
B. 81 to 101 United Inches $ ____________ X 3000 = $_____________
C. Over 101 United Inches $ ____________ X 1000 = $_____________
D. Colonial Grids Option

Additional cost per Unit $ ____________ X 1000 = $____________
E. Obscure Glass Option

Additional cost per Unit $ ____________ X 1000 = $____________
F. Tempered Glass $ _____________ X 100 = $____________
TOTAL BID PRICE $____________________
Manufacturer and Model Bid: _____________________________________
___________________________ _______________________________________
Authorized Signature Typed Name and Title of Authorized Signer
____________________________________________________________________
Typed Name of Company
(Continued through page 16)
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PROPOSAL
ALTERNATE TYPES OF WINDOWS
1. 300 +/- Window Units to be purchased
2. Bidders submitted prices for these windows will not be used to determine the
contract award subject to Section 4.3. Bidder must guarantee delivery of each of
these types and sizes of windows at the cost they provide below.
Window Type
Window Size Awning Casement Deadlight Slider

0 to 101 United Inches
Cost/Unit
Over101 United Inches
Cost/Unit
Colonial Grids Option
Add on cost/unit
Obscure Glass Option
Add on cost/unit
Tempered Glass
Add on cost/unit
Additional Options:
1. Full size screen for a double hung window (replaces half screen): $_________/unit
___________________________ _______________________________________
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QUESTIONNAIRE FORM FOR CITY SPECIFICATIONS
TO BE FILLED IN BY BIDDER AND PRESENTED WITH BID PROPOSAL
Is this bid in conformance with specifications? Yes_________ No__________
If answer is "No", bidder must identify and explain each exception taken, and
reference must be made to each page and paragraph to which the exception will apply.
It shall be understood that if no exception is taken, the contractor shall supply all materials or
services as specified.
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____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
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___________________________ _______________________________________
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506010 15
PROPOSAL
PRINT OR TYPE THE FOLLOWING INFORMATION:
________________________________________________________________
Name of Firm or Corporation
________________________________________________________________
Street Address
________________________________________________________________
City State Zip Code
_________________________ _______________________________________
Telephone/Fax No. Federal Employer ID No.
_______________________________________________________________________
E-mail Address of company employee authorized to receive Contract Awards and Extensions
___________________________
Date
********************************************************************************************
ACCEPTED ON BEHALF OF THE CITY OF ROCHESTER FOR:
________________________________________________________________
Contract No. __________________ Contract Term: ______________________
__________________________________________________
Purchasing Agent
Date: ___________________
506010 16
City of Rochester
Bureau of Purchasing
Department of Finance
GENERAL TERMS AND CONDITIONS AND INSTRUCTIONS TO BIDDERS
The general terms and conditions which follow are incorporated by reference into every City of Rochester
Invitation to Bid and apply to any and all purchase orders or contract awards issued by the Purchasing Agent as a
result of such Invitation to Bid, unless otherwise specified. Bidders or their authorized representative are
expected to fully inform themselves as to these conditions, requirements and specifications before submitting
bids. Failure to do so will be at the bidder's own risk and a bidder cannot secure relief on the plea of error.
Subject to applicable Federal, State and Local laws, ordinances, rules, regulations and limitations, bids on all
advertisements and invitations issued by the Department of Finance, Purchasing Bureau will bind bidders to
applicable conditions and requirements set forth herein unless otherwise specified in the Invitation to Bid.
CONDITIONS OF BIDDING
1. Proposal Forms: Bids shall be submitted only on the forms provided by the City in the Invitation to Bid.
The bidder submit one (1) complete signed copy of the Proposal, attached to the Invitation to Bid. When
submitting a hard copy of the bid, the bid shall be signed and sealed in the envelope provided by the City
for that purpose. When using an envelope other than the one provided by the City, the following required
information must be entered in the lower left corner on the face of the envelope: Bid Number, Bid Title,
Closing Date and Time, and Submitted By. The envelope must be mailed or hand delivered to the Office
of the Purchasing Agent, City Hall, Room 105A, 30 Church St., Rochester, NY 14614. When submitting
an electronic copy of the bid, where permitted in the Invitation to Bid, the bid shall be signed and
submitted through the electronic bidding service specified in the Invitation to Bid. No other form of
electronic submittal of a bid will be accepted by the City.
2. Late Bids: Formal bids, amendments thereto, or requests for withdrawal of bids received by the City
after time the bid closing date and time specified will not be accepted by the City.
3. Withdrawal of Bids: A written request for the withdrawal of a bid or any part thereof may be granted if
the request is received by the City prior to the specified date and time of the bid closing.
4. Submittal of Bids: Bids that are mailed or delivered to the City in hard copy must be sealed and
submitted in the envelope supplied by the City or otherwise clearly marked with the Bid Number, Bid Title,
Bid Closing Date and Time and Submitted By. In the event that the bid contains bulky subject material,
the special mailing envelope must be firmly affixed to any other wrapper being used. Bids not received in
the actual office of the Purchasing Agent by the date and time established for the bid closing shall be
rejected, even if mailed earlier. It is the bidder’s responsibility to ensure that the bid is received in the
office of the Purchasing Agent by the bid closing date and time. Submittal of electronic bids, where
permitted in the Invitation to Bid, is subject to the terms and conditions specified in the Invitation to Bid. In
no circumstance shall a bid, either hard copy or electronic, that is submitted after the closing date and
time be accepted by the City of Rochester.
5. Completeness: All information required by Invitation to Bid must be supplied to constitute a responsive
bid.
6. Bids Binding 45 Days: Unless otherwise specified, all formal bids submitted shall be binding for forty-
five (45) days following bid opening date. Bids will remain open and binding if the bidder agrees to an
extension upon request of the Purchasing Agent or otherwise does not formally withdraw the bid.
506010 17
7. Payment Terms: Prompt payment discounts allowing less than thirty (30) days for discount to apply shall
not be considered as a cost factor in the evaluation of bids. In connection with any prompt payment
discount offered, time will be computed from the date of receipt of correct invoice or receipt and
acceptance of shipment, whichever is later.
8. Bids for All or Part: Unless otherwise specified by the City or by the bidder, the Purchasing Agent
reserves the right to make an award on all items or on any of the items according to the best interests of
the City. The Purchasing Agent shall further have the right to award separate items or groups to different
vendors. Bidder may restrict the bid to consideration in the aggregate by so stating, but should offer a
unit price on each item bid upon; any bid in which the bidder offers a total price without quoting a price on
each and every separate item may be rejected at the option of the City.
9. Errors in Bids: When an error is made in extending total prices, the unit bid price will govern. Care-
lessness in quoting prices, or in preparation of bid otherwise, will not relieve the bidder. Erasures or
changes in bids should be initialed.
10. Questions Regarding Specifications: Except for Public Works, any information relative to interpretation
of specifications and drawings shall be requested of the Purchasing Agent, in writing.
DO NOT MAKE INQUIRES BY PHONE OR IN PERSON.
Inquiries should be submitted in writing no later than five (5) days prior to the bid closing date. Inquiries
received after that time may not be accepted. Any interpretation made to prospective bidders will be
expressed in the form of an addendum to the specifications. Addenda will be publicly advertised and
available to all prospective bidders no later than three (3) days before the bid closing date. Oral answers
will not be binding on the City.
11. Response to Invitation to Bid: Bidders must indicate in their Proposal if they are taking ANY exception
to the documents incorporated in the Invitation to Bid, including but not limited to the specifications, terms
and conditions, Proposal, and any other documents or requirements. If no exceptions are noted in the
Proposal, the City will interpret the bidder’s offer to be in full and unconditional accordance with the
Invitation to Bid. The City reserves the right to determine whether or not it is in its best interest to accept
partial responses to the Invitation to Bid. Conditional (qualified) bids are subject to rejection in whole or in
part.
12. Multiple Bids: No bidder will be allowed to offer more than one price on each item even though the
bidder can offer two or more types or styles that will meet specifications. Bidders must determine for
themselves which to offer. Bids containing multiple bids in whole or in part will be rejected unless
specifically requested as options or alternates in the specifications.
13. Unbalanced Bids: The City reserves the right to reject any bid where prices offered are unbalanced or
do not fairly reflect the current marketplace.
14. Taxes: The City of Rochester is exempt from State and Local sales and use taxes and is exempt from
paying Federal excise taxes.
15. Catalogs and Descriptive Information: Each bidder shall submit when requested by the Purchasing
Agent, catalogs, descriptive literature, and detailed drawings, fully detailing features, designs, con-
struction, finishes and the like necessary to fully describe the material or work the bidder proposes to
furnish. This information shall be provided in a form requested by the Purchasing Agent, which may be
either printed, electronic or both.
16. Competency of Bidder: No proposal will be accepted from or contract awarded to any person, firm or
corporation that is in arrears or is in default to the City of Rochester upon any debt or contract, or that is a
defaulter, as surety or otherwise, upon any obligation to the City or had failed to perform faithfully within
the prior two (2) years of any contract with the City. The bidder must present within 48 hours of a request
evidence satisfactory to the Purchasing Agent of performance ability and possession of necessary
506010 18
facilities, pecuniary resources and adequate insurance to comply with the terms of these specifications
and contract documents.
17. NYS Freedom of Information Law (FOIL): Bids and all materials submitted with the bid shall become
the property of the City and shall be subject to the NYS Freedom of Information Law. If any proprietary
information is submitted with the bid, it must be clearly identified and a request to keep such information
confidential and the justification for doing so must be submitted with the bid. The City reserves the right
to determine whether or not to honor that request in whole or in part based upon requirements of the law.
18. Collusive Bidding: The Bidder certifies that the Contractor’s bid is made without any previous
understanding, agreement or connection with any person, firm or corporation making a bid for the same
project without prior knowledge of competitive prices, and is in all respects fair, without outside control,
collusion, fraud or otherwise illegal action.
19. Identical Bidding: Executive Order No. 10946: All identical bids submitted to the City as a result of
advertised procurement for materials, supplies, equipment or services exceeding $1,000.00 in total
amount may at the discretion of the City, be reported to the Attorney General of the United States in
accordance with Form DJ-1510 and the Presidential Order dated April 24, 1961 for possible violation and
enforcement of antitrust laws.
BID AND PERFORMANCE SECURITIES
20. Bid Security: Bid Bond, Cash, Certified or Cashier's Check, Letter of Credit: When required, each
bid shall be accompanied by a bid security. This may be in the form of cash, a bid bond signed by a
surety company authorized to do business in the State of New York, a cashier's check or a certified
business check drawn on a responsible bank doing business in the United States, or a Letter of Credit on
a form acceptable to the City, and shall be made payable to the City of Rochester, unless the bidder has
on file with the Purchasing Agent an annual bid bond approved by the City with an uncommitted balance
equal to the certified check requirements. When computing amount of Bid for bid security purposes, do
NOT deduct for trade-ins. U.S. Postal Money Orders are acceptable in lieu of certified checks. Bid
securities of non-awarded bidders will be returned after the contract has been awarded. No interest will
be paid on bid securities held by the City.
21. Annual Bid Bonds: Bidders who regularly do business with the City shall be permitted to file with the
Purchasing Agent an annual bid bond in the amount specified below. The bond may be in the form of a
bid bond, cash, certified check or Letter of Credit. Such annual bonds shall be acceptable as surety in
lieu of the furnishing of surety with each individual transaction. Annual bid bonds shall be in an amount
as determined by the bidder, of no less than Five Thousand Dollars ($5,000.00). If at any time, the
requirements of a specific Invitation to Bid exceed the amount of the annual bid bond on file, or should the
aggregate amount of the bid security requirements on all open and un-awarded bids submitted by the
bidder exceed the amount of the annual bid bond, additional surety will be required to meet the
requirements of the bid. The additional amount must be submitted with the bid. No interest will be paid
on annual bid bonds held by the City.
22. Performance Security: Performance Bond, Cash, Certified or Cashier’s Check, Letter of Credit:
The successful bidder or bidders for this bid must furnish a performance security for the faithful
performance of this contract when required in the Invitation to Bid. This may be in the form of cash, a
performance bond signed by a surety company authorized to do business in the State of New York, or by
a cashier's check, certified business check, treasurer's check or other direct obligation drawn on a
responsible bank doing business in the United States, or a Letter of Credit on a form acceptable to the
City, and shall be made payable to the City of Rochester, For a bond, the surety thereon must be such
surety company or companies as are authorized and licensed to transact business in the State of New
York. Attorneys in fact who sign bid bonds must file with each bond a certified copy of their power of
attorney to sign said bonds. No interest will be paid on performance securities held by the City.
506010 19
The successful bidder or bidders, upon failure or refusal to furnish within ten (10) days after notification of
award the required performance security, shall forfeit their bid security to the City of Rochester as
liquidated damages.
23. Samples: Samples submitted by bidders on items which they have received an award may be retained
by the City until the delivery of contracted items is completed and accepted. Bidders whose samples are
retained may remove them after delivery is accepted. Bidders who are not awarded a bid must remove
their samples as soon as possible after award has been made on the item or items for which the samples
had been submitted. The City will not be responsible for such samples if not removed by the bidder
within thirty (30) days after the award has been made.
Bidders shall make all arrangements for delivery of samples to the place designated by the City as well as
the removal of samples. Cost of delivery and removal of samples shall be borne by the bidder. All
samples packages should be marked "Samples for Purchasing Bureau" and each sample should bear the
name of the bidder, item number, bid number, and shall be carefully tagged or marked in a substantial
manner. Failure of the bidder to clearly identify samples as indicated may be considered sufficient reason
for rejection of bid, and in such cases the City will not be liable for the loss of samples.
SPECIFICATIONS
24. Trade Names, Specific Models, Etc.: In cases where a product or service is identified by a
manufacturer's name, trade name, model number, catalog number or reference, it is understood that the
bidder proposes to furnish the item so identified and does not propose to furnish an "equal" unless the
proposed "equal" is definitely indicated therein by the bidder.
The reference to a specific name brand, model number, catalog number or reference is intended to be
descriptive but not restrictive and only to indicate to the prospective bidder products(s) and/or services(s)
that the City has determined will meet its requirements. Bids on other makes and catalogs will be
considered, provided the bidder clearly states on the face of the Proposal exactly what the bidder
proposes to furnish, and includes with the bid, sufficient information so that the City may determine
equivalency to the product(s) and/or service(s) offered by the bidder.
The Purchasing Agent reserves the right to require bidders proposing an alternate to provide sufficient
documentation, samples, references and/or other information for the City to be able to determine that the
alternate(s) offered meet the City’s requirements for equivalency. The City reserves the right, in its sole
discretion, to determine whether or not an alternate offered is equivalent, which determination may
include, but is not limited to comparability of performance, quality, life cycle cost, design, functionality and
other characteristics deemed necessary by the City in its specifications.
The Purchasing Agent hereby reserves the right to approve as an equal, or to reject as not being equal,
any product or service the bidder proposes to furnish which contains major or minor variations from
specification requirements of the Invitation to Bid.
If no particular brand, model, or make is specified, and if no data is required to be submitted with the bid,
the City reserves the right to require any bidder to submit sufficient information to the Purchasing Agent to
determine that the item(s)/service(s) offered comply with the requirements of the Invitation to Bid, and to
reject any bid that does not meet said requirements
25. Specifications: The Bidder shall abide by and comply with the true intent of the specifications in the
Invitation to Bid and not take advantage of any unintentional error or omission, but shall fully complete
every part as the true intent and meaning of the specifications and drawings. Whenever herein mention
is made of any article, material, or workmanship to be in accordance with laws, ordinances, building
codes, underwriter's codes, A.S.T.M. standards, or similar expressions, the requirements of these laws,
ordinances, etc. shall be construed as the minimum requirements of these specifications.
506010 20
AWARD
26. Award or Rejection of Bids: Award of a contract in response to the Invitation to Bid will be on the basis
of the lowest responsible and responsive bidder complying with the provisions of the Invitation to Bid,
provided the bid price is reasonable and it is to the interest of the City to accept it, or to the bidder whose
offer provides the best value to the City if best value is indicated in the specifications as the method of
award. The Purchasing Agent reserves the right to reject any or all bids and to waive any informality in
bids received whenever such rejection or waiver is in the interest of the City. The Purchasing Agent
reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete
on time contracts of a similar nature, or a bid of a bidder where investigation shows the bidder is not in a
position to perform the contract.
In determining responsibility, the Purchasing Agent shall consider:
a) The adequacy of the bidder’s financial resources or ability to obtain such resources, including
insurance and bonding, if required. The Purchasing Agent may require that any bidder submit verified
statements as to financial responsibility and experience, which statements shall be made on forms
prescribed by the Purchasing Agent. Supplemental statements may be required at any time.
b) The ability of the bidder to comply with the required or proposed delivery or performance schedule.
c) The quality of performance of previous contracts or services.
d) The record of performance of the bidder and any proposed subcontractors on other contracts, and
particularly on similar contracts had with the City.
e) The record of integrity of the bidder.
f) The availability to the bidder of the necessary organization, experience, operational controls and
technical skills, and the necessary production, construction and technical equipment and facilities
required for performance of the contract.
g) The compliance by the bidder with any special or general standards of responsibility set forth in the
invitation for bids.
h) The compliance by the bidder with any other standards which may be established by the Purchasing
Agent pursuant to rule or regulation.
i) No bidder shall be determined to be responsible who is in default on payment of any taxes, licenses or
other moneys due to the City, or who has defaulted within two years for any reason on a contract with
the City.
j) The ability of the bidder to provide future maintenance and service for the product(s) and/or service(s)
purchased under this contract.
k) The ability to provide industry standard insurance coverage, in a form and in amounts acceptable to
the City, that will fully reimburse the City of Rochester for any and all costs for loss or damages caused
to City property while under the care and control of the bidder during the term of the contract.
l) Such other information as may be secured by the Purchasing Agent having a bearing on the decision
to make the award.
m) The Purchasing Agent shall inform a bidder in writing of a non-responsibility determination and the
reasons therefor.
506010 21
n) Upon making a non-responsibility determination, the Purchasing Agent may bar the bidder and
affiliated organizations, as further set forth, from bidding on City contracts for a period of not to
exceed two years. If a corporation is found to be a non-responsible bidder, that finding may be
applied to a parent, affiliate or subsidiary corporation, if the Purchasing Agent finds that an officer,
director or person directly or indirectly controlling 10% or more of the stock of the corporation found to
be non-responsible is an officer, director or person directly or indirectly controlling 10% or more of the
stock of the parent, affiliate or subsidiary corporation. If an unincorporated association is found to be
non-responsible, that finding may be extended to other related associations upon a finding by the
Purchasing Agent that the related associations have substantially the same ownership, management
or operating personnel.
In determining if a bid is responsive, the Purchasing Agent shall consider deviations from the advertised
specifications, including but not limited to factors that affect price, quantity, quality, compatibility to
existing City equipment and operations for both function and aesthetics where these are important,
expected performance, useful life of product, bonding or insurance requirements, or otherwise limit the
bidder's liability. The Purchasing Agent reserves the right to reject any bid where it is not in the City’s
best interest to accept any proposed deviation(s) from the Invitation to Bid. The Purchasing Agent further
reserves the right to reject any bid where the proposed delivery date and/or delivery terms do not meet
the specifications.
In determining the lowest bid, the Purchasing Agent reserves the right to determine the City’s lowest cost
on a true “apples to apples” comparison and award on that basis if bidders submit different price lists,
packaging, etc., or there are other factors that require the City to make a fair and reasonable comparison
of prices bid. Unless otherwise specified, the City reserves the right to make an award per Total Bid
Price, Group, combination of Groups or per Item or groups of Items, whichever method results in lower
overall costs to the City after factoring in administrative and other costs from making multiple awards.
Where best value is the indicated basis for award, best value means the lowest cost to the City based
upon the factors that are indicated in the bid that will be used to calculate best value. The factors used to
determine the lowest best value bid shall be clearly identified in the method of award, shall be objective
and quantifiable, and shall be determined to be in the City’s best interest.
27. Notice of Acceptance: Acceptance of a bid will be made by a Notification of Award, a City Purchase
Order, or both. Acceptance of a bid by the Purchasing Agent shall be deemed to result in a binding
contract without further action by either party. The contract shall constitute the Agreement between the
City and the Contractor.
28. Tie Bids: If two or more bidders submit identical bids and are equally qualified, the decision of the City to
make award to one or more such bidders shall be final. The City reserves the right to award a tie bid to a
business with bona fide operations in the City over a non-City business, and/or an MWBE business over
a non-minority business, and/or a business that employs the most city residents. Otherwise, selection
may be made by a coin flip.
DELIVERY PROVISIONS
29. Responsibility for Materials Shipped and Risk of Loss: The Contractor shall be responsible for the
products, materials or supplies covered by this contract until they are delivered to the designated point
and received, properly installed if necessary, and accepted by the City, and the Contractor shall bear all
risk on rejected materials or supplies. Rejected products, materials or supplies must be removed by and
at the expense of the Contractor promptly after notification of rejection, unless public health and safety
require immediate destruction or other disposal of rejected delivery. Upon failure to do so within ten (10)
days after notification, the City may return the rejected products, materials or supplies to the Contractor at
the Contractor’s risk and expense, or dispose of them as its own property.
506010 22
30. Inspections: Inspection and acceptance of products, materials, supplies and/or services will be made
after delivery. Final inspection shall be conclusive except as regards to latent defects, fraud, or such
gross mistakes as amount to fraud. Final inspection and acceptance or rejection of the products,
materials, supplies or services will be made as promptly as practicable, but failure to inspect and accept
delivery shall not impose liability on the City for materials, supplies or services that are not in accordance
with the specifications. All deliveries are accepted subject to inspection and physical count.
31. Time of delivery: Deliveries will be accepted between 9:00 A.M. and 4:00 P.M. on weekdays only,
unless otherwise specified and arranged by the City. No deliveries will be accepted on Saturdays,
Sundays or Holidays unless otherwise specified and arranged by the City.
32. Packing Slips, Delivery Tickets, Invoices: All shipments or deliveries shall be accompanied by
Packing Slips or Delivery Tickets and shall contain the following information for each item delivered:
The purchase order number

The name of the article and supplier’s stock number
The quantity ordered
The quantity shipped
The quantity back ordered
The name of the contractor
The City reserves the right to reject any delivery unless it is accompanied by packing slips or delivery
tickets that provide the information specified above.
All invoices for products or services ordered from this contract must include the contract number and
purchase order on the invoice, as well as accurate item/service description, quantity, unit price, total net
cost to the City after discount, date of delivery and location of delivery.
The responsibility to submit a properly completed invoices rests entirely with the Contractor. The City
reserves the right to reject any claim for payment/invoice that does not provide the information specified
above.
33. FOB Destination Delivery: Unless otherwise specifically stated in the City's Invitation to Bid, all
products, materials and supplies shall be delivered to the location designated by the City. The bidder
shall include in the bid price all reasonable and necessary transportation, shipping, handling and delivery
charges. The City will not accept and will not pay separate fuel surcharges that are not identified in the
bid and accepted as part of the contract terms. Delivery shall not be complete until the products,
materials and supplies are placed in the building, room, or other location as specified by the City in the
bid documents or in the Purchase Order.
34. Delivery Failures: The City reserves the right to not pay or to only partially pay for delivered products
and/or services that do not meet the specifications and terms and conditions of the contract. In addition,
failure of a Contractor to deliver within the time specified, or within reasonable time as interpreted by the
Purchasing Agent, or failure to make replacements of rejected articles when so requested, immediately or
as directed by the Purchasing Agent, shall constitute authority for the Purchasing Agent to purchase in
the open market comparable products or services rejected or not delivered. On all such purchases, the
Contractor shall reimburse the City within a reasonable time specified by the Purchasing Agent, for any
expense incurred in excess of contract prices or the City shall have the right to deduct such amount from
monies owed the non-performing Contractor. Such purchases shall be deducted from contract quantities.
If required by public necessity, the City reserves the right to use or consume products and/or services
delivered which are substandard in quality, subject to an adjustment in price to be determined by the
Purchasing Agent.
OTHER CONTRACT PROVISIONS
506010 23
35. Bid Quantities – One Time Buy: Quantities stated in a One Time Buy Invitation to Bid signify the City’s
intent to purchase the quantities indicated, unless prices received exceed available funding, or the City’s
requirements change, in which case the City reserves the right to purchase less quantities at the prices
offered if acceptable to the bidder. The City further reserves the right to purchase more than the
quantities shown at prices offered if doing so is in the best interest of the City. Order quantities may be
split by the City upon notification to the Contractor. Shipments by the Contractor may not be split or
delayed without the prior approval of the City. The City will not be required to accept delivery of any
unordered balances as of the contract expiration date unless the Contractor furnishes the Purchasing
Agent with a statement of unordered balances not later than ten (10) days after the termination date of
the contract and such late deliveries are approved by the Purchasing Agent.
36. Requirements Bid Quantities – Term Contracts: Quantities stated in a Term Contract Invitation to Bid
are estimates only for the City’s requirements for the term of the contract. Therefore, the City will not
guarantee that any quantities will be ordered during the contract term. The City will only be obligated to
purchase and pay for products or services ordered and delivered at the unit prices in the contract.
Products and/or services will be ordered on term (blanket) or one-time buy purchase orders.
37. Non Exclusive Contract: The City’s intent in awarding a contract for this bid is to order the product(s)
and/or service(s) specified herein from the Contractor awarded this contract. However, the City reserves
the right to seek separate bids for product(s) and/or service(s) covered by this Contract at any time as
may be in the best interest of the City, for reasons such as, but not limited to failure of the Contractor to
meet the terms and conditions of the contract, substantial changes in the quantity estimates upon which
the bid was based, substantial changes in market conditions, the Contractor offering lower prices to other
governments or commercial consumers, or changes in the City’s requirements. The City further reserves
the right to negotiate better pricing terms with the Contractor as an alternative to seeking new bids for
reasons described above.
38. Availability of Funds: The City shall be obligated to pay for products and services received only to the
extent that funds have been appropriated and encumbered for such purpose. The Contractor in turn shall
be obligated to perform only so long as funds are available to pay for the goods and services it supplies.
If this contract extends through one fiscal year of the City into the next year, the City's obligations
hereunder shall be specifically limited to and shall be conditioned upon the appropriations for such
following year.
39. Contract Alterations: The contractual terms, conditions and provisions of this contract, including all
general conditions and instructions to bidders, shall not be modified by the Contractor after award.
Alterations or changes in the specifications of the products or services furnished under this contract can
only be made upon the written authorization signed by the Purchasing Agent, and any other alteration or
modification that is not signed by the Purchasing Agent or a designated representative shall be void.
Alterations in contract language shall further require the approval of the City Department of Law.
40. Term of Contract: This contract shall remain in force for the period specified unless extended by mutual
consent of both parties or terminated as provided herein.
41. Termination of Contract: This contract shall remain in force for the period specified and until all
products or services ordered before date of termination shall have been satisfactorily delivered and
accepted, and thereafter until all requirements and conditions shall have been met, unless:
a) terminated prior to expiration date by satisfactory deliveries of entire contract requirements,
b) terminated in writing by mutual agreement for reasons acceptable to the Purchasing Agent,
c) extended upon written authorization of the Purchasing Agent and accepted by Contractor, to permit
ordering of unordered balances or additional quantities at contract prices and in accordance with
contract terms.
506010 24
42. Assignment of Contract and Subcontracting: It is mutually understood and agreed that the Contractor
shall not assign, transfer, convey, sublet or otherwise dispose of this contract or the Contractor’s right,
title or interest therein, or the Contractor’s power to execute such contract, to any other person, firm or
corporation without the previous written consent of the Purchasing Agent. Even if such consent is
granted, in no case shall such consent relieve the Contractor from the Contractor’s obligations, or change
the terms of the contract.
It is further mutually understood and agreed that for any services required by the contract, that the
Contractor will not use a subcontractor to perform any or all services without the express prior consent of
the City. Further, that the City has the right, in its sole discretion, to not accept or approve the use of any
subcontractor, for any reason that the City determines is in its best interest. Further, if the Contractor
uses a subcontractor that has not been approved by the City, the City reserves the right to terminate the
contract and proceed subject to these General Terms and Conditions.
43. Default: The contract may be cancelled or annulled by the Purchasing Agent in whole or in part by
written notice of default to the Contractor upon non-performance or violation of contract terms. The City
may proceed to meet its requirements by awarding a contract to another bidder, seeking new bids, and/or
obtaining products/services specified on the open market. In any event, the defaulting Contractor (or the
surety) shall be liable to the City for costs to the City in excess of the defaulted contract prices. Failure of
the Contractor to deliver products or services within the time stipulated in the bid and on the Proposal,
unless extended in writing by the Purchasing Agent, shall be deemed to be a default of contract.
44. Non-Liability: The Contractor shall not be liable in damages for delay in shipment or failure to deliver
when such delay or failure is the result of fire, flood, strike, act of God, act of government, act of an alien
enemy or by any other circumstances which, in the Purchasing Agent's opinion, is beyond the control of
the Contractor. Under such circumstances, however, the Purchasing Agent may cancel the contract as a
result.
45. New Goods, Fresh Stock: All products provided under this contract, unless otherwise specifically
stated, shall be new, unused, and OEM or City approved equal, in original packaging.
46. Equal Employment Opportunities:
The City of Rochester, New York reaffirms its policy of equal opportunity in its commitment to require all
Contractors, lessors, vendors, and suppliers doing business with the City to follow a policy of equal
opportunity, in accordance with the requirements set forth herein. This policy is adopted pursuant to the
City’s Affirmative Action Plan, Article XV, Contract Compliance. The City does not discriminate on the
basis of handicap status as defined in 31 CFR Part 51, in admission, access to, or treatment or
employment in its programs or activities. The City is including these policy statements in all bidding
documents, contracts, and leases. Contractors, lessors, vendors, and suppliers shall comply with City,
State and Federal equal opportunity laws and regulations and Federal regulation 31 CFR Part 51 and
shall submit documentation regarding equal opportunity upon the City’s request.
Definitions:
a) Good Faith Effort - shall mean every reasonable attempt to comply with the provisions of this policy
by making every reasonable effort to achieve a level of employment of minority groups and female
workers that is consistent with their presence in the local work force.
b) Minority Group Persons - shall mean a person of Black, Spanish surname American, Asian
American or American Indian ethnic or racial origin and identity.
Compliance:
The Contractor shall comply with all of the following provisions of the Equal Employment Opportunity
Requirement and the City’s policies:
506010 25
a) The Contractor agrees that the Contractor will not discriminate against any employee for
employment because of age, race, creed, color, national origin, sex, sexual orientation, disability or
marital status in the performance of work or services provided under this contract or any
subcontract hereunder, the Contractor and its subcontractors, if any, shall not, by reason of age,
race, creed, color, national origin, sex, sexual orientation, disability or marital status discriminate
against any person who is qualified and available to perform the work to which the employment
relates. The Contractor agrees to take affirmative action to ensure that applicants are employed,
and that applicants are hired and that employees are treated during their employment, without
regard to their of age, race, creed, color, national origin, sex, sexual orientation, disability or marital
status.
b) If the Contractor is found guilty of discrimination in employment on the grounds of age, race, creed,
color, national origin, sex, sexual orientation, disability or marital status by any court or
administrative agency that has jurisdiction pursuant to any State or Federal Equal Employment
Opportunity Laws or regulations, such determination will be deemed to be a breach of contract, and
this contract will be terminated in whole or part without any penalty or damages to the City on
account of such cancellation or termination and the Contractor shall be disqualified from thereafter
selling to, submitting bids to, or receiving awards of contract with the City of Rochester for goods,
work, or services until such time as the Contractor can demonstrate its compliance with this policy
and all applicable Federal and State Equal Opportunity laws and regulations.
c) The Contractor shall cause the foregoing provisions to be inserted in all subcontracts, if any, for any
work covered by this contract so that such provisions will be binding upon each subcontractor,
provided that the foregoing provisions shall not apply to subcontracts for standard commercial
supplies or raw materials.
d) The Contractor also understands and accepts that this contract may be cancelled or terminated by
the City, and all monies due or to become due hereunder may be forfeited for a second day or any
subsequent violation of the terms or conditions of this section of the contract.
47. TITLE VI of The Civil Rights Act of 1964. The City of Rochester hereby gives public notice
that it is the City’s policy to assure full compliance with Title VI of the Civil Rights Act of 1964, the Civil
Rights Restoration Act of 1987, and related statutes and regulations in all programs and activities. Title VI
requires that no person in the United States of America shall, on the grounds of race, color, gender, or
national origin be excluded from the participation in, be denied the benefits of, or be otherwise subjected
to discrimination under any program or activity for which the City receives federal financial assistance.
Any person who believes they have been aggrieved by an unlawful discriminatory practice under Title VI
has a right to file a formal complaint with the City. Any such complaint must be in writing and filed with the
City Title VI Coordinator within one hundred eighty (180) days following the date of the alleged
discriminatory occurrence. Title VI Discrimination Complaint Forms may be obtained from the City at no
cost to the complainant, or on the City’s website at www.cityofrochester.gov, or by calling (585) 428-6185.
48. Purchase of Products from Companies Doing Business in Northern Ireland Supporting Fair
Employment:
a) The vendor understands that the City has adopted a policy prohibiting contracting for goods or
services with a person, firm, or corporation doing business in Northern Ireland, who does not support
fair employment without religious discrimination and does not cooperate with agencies monitoring
equal opportunity employment.
b) If, because of applicable law, a contract is awarded to a Contractor who does not support equal
opportunity employment without religious discrimination, the Contractor must submit a statement to
the Director of Finance detailing the reasons for such nonsupport of fair employment.
49. Guarantee: Unless otherwise specified, the Contractor shall unconditionally guarantee the materials and
workmanship of all products furnished and/or services provided for a period of at least one (1) year from
date of acceptance of the products delivered, installed and accepted by the City. If, within the guarantee
period, any defects or signs of deterioration are noted, which, in the opinion of the City are due to faulty
506010 26
design and installation, workmanship, or materials, the Contractor, at the Contractor’s expense, shall
repair or adjust the equipment or parts to correct the condition, or shall replace the part or entire unit to
the complete satisfaction of the City, or shall re-do the work or services provided. These repairs,
replacements or adjustments shall be made only at such time as will be designated by the City as least
detrimental to the operation of City business.
50. Placing of Orders: Orders against contracts will be placed with the Contractor on either a Purchase
Order or Term (Blanket) Purchase Order executed and released by the Purchasing Agent. Telephone
orders placed directly with the Contractor by the ordering agency may be authorized by the Purchasing
Agent only after execution of a Term (Blanket) Purchase Order.
51. Provisions for Other Agencies: Unless otherwise specified, bidders shall offer the use of this contract
to other political subdivisions as authorized by New York General Municipal Law. Use of this contract by
any other political subdivision must be acceptable to and coordinated between the subdivision and the
Contractor. The City will have no responsibility for any such purchases and will have no other role than to
provide other political subdivisions with a copy of this contract if requested.
52. General Guaranty: Contractor agrees to:
a) save the City, its agents and employees harmless from liability of any nature or kind for the use of
copyrighted or non-copyrighted composition, secret process, patented or non-patented invention,
article or appliance furnished or used in the performance of the contract which the Contractor is not
the patentee, assignee, licensee or owner.
b) protect the City against latent defective material or workmanship and to repair or replace any
damages or marring occasioned in transit or delivery.
c) furnish adequate protection against damage to all work and to repair damages of any kind, to the
building or equipment, to the Contractor’s own work or to the work of other Contractors for which the
Contractor is responsible.
d) pay for all permits, licenses and fees as part of the contracted price, and give all notices and comply
with all laws, ordinances, rules and regulations of the City and the State of New York.
53. Indemnity: Contractor shall indemnify, keep and save harmless the City, its agents, officials and
employees, against all injuries, death, loss, damages, claims, patent claims, suits, liabilities, judgments,
costs and expenses, which may in anyway accrue against the City in consequence of the granting of this
contract or which may in anyway result therefrom, whether or not it shall be alleged or determined that
the act was caused through negligence or omission of the Contractor or its employees, of any
subcontractor or its employees, if any, and the Contractor shall, at the Contractor’s own expense,
appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or
incurred in connection therewith, and if any judgment shall be rendered against the City in any such
action, the Contractor shall at the Contractor’s own expense, satisfy and discharge the same.
Contractor expressly understands and agrees that any performance bond or insurance protection
required by this contract, or otherwise provided by Contractor, shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the City as herein provided.
54. Employees Not To Benefit: Upon request of the City, as a prerequisite for the payment pursuant to the
terms of this contract, there shall be furnished to the City a statement under oath that no employee or
officer of the City, or members of his or her immediate family, including spouse, parents, or children, or
any person representing or purporting to represent any member or members of the elected governing
body has received or has been promised directly or indirectly, any financial benefit, by way of fee,
commission, finder's fee, political contribution, or any other similar form of remuneration and/or on
account of the acts of awarding and/or executing the contract. Upon request by the City, as a
prerequisite to payment pursuant to the terms of this contract, there will be furnished to the requester,
under oath, answers to any interrogatories related to a possible conflict of interest as herein embodied.
Any contract made or entered into where it is discovered that violation of the intent of this provision
506010 27
exists shall be declared null and void and all monies received by the Contractor shall be returned to the
City.
Any person executing a false statement or violating the provisions of this section shall be subject to
possible prosecution.
55. Child Labor: Pursuant to Resolution No. 37-38 of the City of Rochester, the bidder certifies to the best
of his/her knowledge that Child Labor has not been employed in the manufacture of the materials,
supplies, the containers thereof, or services represented hereon.
56. Prevailing Wages: Bidder hereby certifies that to the extent applicable to this contract the wage rates to
be paid to employees on this contract shall be in conformity with the wage rates established by the
Comptroller pursuant to and in conformity with Section 220 of the New York State Labor Law. To the
extent that prevailing wages are not applicable to the contract, the bidder hereby certifies that he/she
shall pay employees working hereunder the minimum wages established by law.
57. Testimony Concerning Contracts: The refusal of the vendor, or any of its officers, directors, partners,
members or agents, when called before a Grand Jury, to testify concerning any transaction or contract
had with the State of New York, any political subdivision thereof, a public authority or with any public
department, agency or official of the State of New York or of any political subdivision thereof or of a
public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any
relevant questions concerning such transaction or contract, shall disqualify the vendor and such officer,
director, member or agent thereof from thereafter selling to or submitting bids to or receiving awards
from or entering into any contracts with any municipal corporation in the State of New York or any public
department, agency or official thereof, for goods, works or services, for a period of five (5) years after
such refusal and any or all contracts made with any municipal corporation or a public department,
agency or official thereof, by such person, and by any firm, partnership or corporation of which he is a
member, partner, director or officer, may be cancelled or terminated by the municipal corporation without
any liability on the part of the municipal corporation or any penalty or damages on account of such
cancellation or termination.
58. Status As Independent Contractor: The Contractor, in accordance with its status as an independent
contractor, covenants and agrees that the Contractor shall conduct itself in a manner consistent with
such status, that the Contractor will neither hold itself nor its employees out as, nor claim to be an officer
or employee of the City by reason hereof, and that the Contractor and its employees will not by reason
hereof, make any claim, demand or application for any right or privilege applicable to an officer or
employee of the City, including but not limited to Workers' Compensation coverage, unemployment
insurance benefits, social security coverage, and retirement membership or credit.
59. Audit: The Contractor agrees to permit on-site inspection and auditing of all records, books, papers,
and documents associated with this Agreement by authorized representatives of the City, and further
agrees to provide necessary staff support for the performance of such audit. The Contractor agrees to
maintain for a period of three (3) consecutive years following termination of this Agreement any and all
records, reports and other documentation arising from the performance of this agreement; however, this
period shall be extended beyond three years for any and all records and information pertaining to
unresolved questions, which have been brought to the Contractor's attention by written notice by the
City.
60. Compliance With All Laws: The Contractor agrees that, during the performance of the work required
pursuant to this Agreement, the Contractor, and all employees working under the Contractor’s direction,
shall strictly comply with all local, state or federal laws, ordinances, rules or regulations controlling or
limiting in any way their actions during their said performance of the work required by this Agreement.
Furthermore, each and every provision of law and contractual clause required by law to be inserted in
this Agreement shall be deemed to be inserted herein. If, through mistake or otherwise, any such
provision is not inserted or is not correctly inserted, then upon the application of either party this
Agreement shall be forthwith physically amended to make such insertion or correction.
506010 28
61. Extent of Agreement: This Agreement constitutes the entire and integrated Agreement between and
among the parties hereto and supersedes any and all prior negotiations, agreements, and conditions,
whether written or oral. Any modification or amendment to this Agreement shall be void unless it is in
writing and subscribed by the party to be charged or by its authorized agent.
62. Law and Forum: This Agreement shall be governed by and under the laws of the State of New York
and the Charter of the City of Rochester. The parties further agree that the Supreme Court of the State
of New York, held in and for the County of Monroe shall be the forum to resolve disputes arising out of
either this agreement or work performed according thereto. The parties waive all other venue or forum
selections. The parties may agree between themselves on alternative forums.
63. No Waiver: In the event that the terms and conditions of this agreement are not strictly enforced by the
City, such non-enforcement shall not act as or be deemed to act as a waiver or modification of this
Agreement, nor shall such non-enforcement prevent the City from enforcing each and every term of this
Agreement thereafter.
64. Severability: If any provision of this Agreement is held invalid by a court of law, the remainder of this
Agreement shall not be affected thereby, if such remainder would then continue to conform to the laws of
the State of New York.
506010 29

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Bureau of Purchasing

City Hall Room 105 A, 30 Church Street

PRIME VINYL REPLACEMENT WINDOWS

Invitation to Bid No. 506010 Issued: February 16, 2021

PURCHASING BUREAU CONTACT: Tammy Macon, Purchaser (585)428-7389

BID CLOSING: Tuesday, March 2, 2021 at 11:00 a.m.

Type of Contract: TERM CONTRACT

Bid Deposit Requirement: Yes, $5,000.00, See Section 6

Performance Security Requirement: YES, See Section 7

Insurance Requirement: NONE

Samples Requirement: UPON REQUEST

Descriptive Literature/Technical Data Requirement: SUBMITTED WITH BID

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

5. ADDITIONAL BID SUBMISSION – ALTERNATE WINDOW TYPES

7.2.1 The contractor must furnish an executed surety company bond in an

A. The Performance Bond shall be furnished as security for the

7.2.2 Alternate Security

B. In the event a contractor submits cash or a cash

10. QUALIFICATION OF BIDDER

10.1.1 That the manufacturer(s) or bidder(s) has in operation a local storage

10.1.2 Bids will be accepted from only established manufacturers or their

11. QUALITY ASSURANCE

11.1 Field Measurement – The contractor is required to take field measurements

11.2 Manufacturer’s Qualifications - Subject to compliance with these specifications,

11.4 Mock-up - If requested, prepare a mock-up of each type of prime window

11.6 Windows must meet AAMA/WDMA/CSA 101/I.S.2/A440-08 standards for

12. PAYMENT OR ACCEPTANCE NOT CONCLUSIVE

17. SUBMITTALS WITH BID

17.1 Product Data - Submit complete manufacturer’s product literature and

17.2 Manufacturer’s data – Submit complete information describing the manufacturer,

18. PRODUCTS AND MATERIALS

18.6 Window latches to be constructed to provide latching of sash in closed position.

Check Which One

18.8 Windows must be tested to AAMA/WDMA/CSA 101/1.S.2/A440 standards for

18.9 Windows must have a performance grade (PG) of PG 35 or greater.

19.1 Master Frame

19.2.2 Sash extrusion should be multi chambered for better thermal

19.4 Head Expander

Minimum of ¾” total thickness insulated glass, made of two lites of double

20. GUARANTEES AND WARRANTIES

21. SUBMITTAL OF BIDS

ALL BIDS WILL BE OPENED VIA ZOOM

Bid results will be posted on www.bidnetdirect.com

22. CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

23. POLITICAL SUBDIVISIONS

A W-9 is required with each bid.

25. NON-COLLUSIVE BIDDING CERTIFICATION

DOUBLE HUNG VINYL REPLACEMENT WINDOWS

Window Size or Option Cost Per Unit X Estimated Quantity = Extension

A. 0 to 81 United Inches $ ____________ X 2000 = $_____________

B. 81 to 101 United Inches $ ____________ X 3000 = $_____________

C. Over 101 United Inches $ ____________ X 1000 = $_____________

D. Colonial Grids Option

E. Obscure Glass Option

F. Tempered Glass $ _____________ X 100 = $____________

TOTAL BID PRICE $____________________

Manufacturer and Model Bid: _____________________________________

(Continued through page 16)

ALTERNATE TYPES OF WINDOWS

1. 300 +/- Window Units to be purchased

Window Size Awning Casement Deadlight Slider

(Continued through page 16)

QUESTIONNAIRE FORM FOR CITY SPECIFICATIONS

TO BE FILLED IN BY BIDDER AND PRESENTED WITH BID PROPOSAL

A. 0 to 81 United Inches $ X 2000 = $_

B. 81 to 101 United Inches $ X 3000 = $_

C. Over 101 United Inches $ X 1000 = $_

F. Tempered Glass $ _ X 100 = $

Is this bid in conformance with specifications? Yes_ No__

Contract No. Contract Term: ____