522980 SAFETY GLASSES PRESCRIPTION.pdf

Bureau of Purchasing

Department of Finance City Hall Room 105A, 30 Church Street Rochester, New York 14614-1281 www.cityofrochester.gov

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

PRINTED NAME OF BIDDER

SAFETY GLASSES, PRESCRIPTION

Invitation to Bid No. 522980 Issued: January 07, 2025

PURCHASING BUREAU CONTACT: Antoinette Downing, Purchaser (585)428-7389

BID CLOSING DATE: Thursday, January 16, 2025 at 11:00 a.m

Join Zoom Meeting: https://cityofrochester.zoom.us/j/8926058590 Meeting ID: 892 605 8590 Passcode: 979673

Sealed Bids are to be submitted in hard copy to the Office of the Director of Purchasing, City Hall Room 105A, Rochester, NY 14614, prior to the closing date and time, after which all bids properly received will be opened, read and recorded. If specified herein, you may submit your sealed bid electronically through BidNet prior to the closing date and time. Only submit one bid - either in hard copy or electronically (if permitted).

This Invitation to Bid 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 Bond Required: NONE

Labor and Material Payment Security Required: NONE

Insurance Requirement: NONE

Samples Requirement: YES, SEE SECTION 13

Descriptive Literature/Technical Data Requirement: YES

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

https://cityofrochester.zoom.us/j/8926058590

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1. SCOPE

1.1 It is the intent of the City of Rochester to establish a contract for Prescription Safety Glasses. Bids shall include furnishing, fitting, dispensing and repairs. All products provided must meet ANSI Z87.1 - 2003 Standards or latest revision.

1.2 Service required by this contract shall be carried out at the contractor's retail locations.

The City expects to receive the same level of service afforded any of the contractor's retail customers.

1.3 A major criterion for an individual City employee’s request for safety glasses is that the safety glasses are required to perform routine work assignments.

1.3.1 The City employee must provide a current doctor endorsed prescription for department authorization. “Current” shall be defined in this document as dated within three (3) months of doctor authorization.

1.3.2 The City employee will have thirty (30) days from time of departmental authorization in which to fill their prescription.

2. METHOD AND BASIS OF AWARD

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

2.2 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. The same logic will be used by the City in comparing bids based upon discounts rather than specified unit prices. 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.

2.3 To determine the low bidder, all sixteen (16) unit prices in Proposal Section 1.1 and 1.2 must be bid.

2.3.1 The sum total of these sixteen (16) unit prices shall then be divided by 16 to determine the Average Bid Price.

2.3.2 The Average Bid Price shall then be multiplied by an estimated quantity listed to determine a dollar value for this contract to be known as the Total Bid Price.

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2.4 The City reserves the right to reject any bid if prices proposed for items in Group B & C, (which are not considered in the calculation of the Total Bid Price) to be excessive, or if unit prices bid are unbalanced or not consistent with current market conditions.

2.5 The City reserves the right to reject any bidder who fails to demonstrate sufficient facilities and experience to perform the services as specified herein.

3. CONTRACT TERM

3.1 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 April 30, 2026.

3.2 The City may extend the contract under the same terms and conditions up to three (3) additional years in periods of one (1) year or less, provided such extension is mutually agreeable.

4. DELIVERY

Delivery shall be required within five to seven (5-7) working days. Any exceptions must be noted on the Proposal Page. Delivery times in excess of those specified herein may be cause for rejection of the bid.

5. SPECIFICATIONS

5.1 All Lenses and Frames must be OSHA Approved and Follow ANSI Code Z87.1. - 2003 or latest revision.

5.1.1 All lens markings must be permanent, legible and placed so that vision interference is minimal. Basic impact removable lenses must bear the manufacturer’s mark or logo. High impact removable lenses require the manufacturer’s mark or logo and a “+”. If applicable, the shade number filter lens, special purpose lens and photochromic lens markings must be present.

5.1.2 Safety glasses with non-removable lenses must be marked with the manufacturer’s mark or logo, “Z87”, a “+” if the lenses meets the high impact testing requirements and if applicable, a shade number, special purpose lens and photochromic mark. This marking may be placed on the front or on one of the temples.

5.2 GROUP A, BASIC UNIT BID PRICES

The Basic Unit Bid Prices shall include all materials and services necessary for, or incidental to, the furnishing and dispensing of a complete pair of safety glasses (standard lenses and frames). These shall be considered the basic plan frames.

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5.2.1 The Basic Unit Bid Prices shall be for the stated frames only in the two sections shown in Group A. Employees wishing to do so may obtain other frames at their own additional expense. Procedures for this option are outlined in Section 6.

5.2.2 The Basic Unit Bid Price shall be based upon provision of polycarbonate and plastic lenses.

5.2.3 The Basic Unit Bid Prices shall be for Single Vision, Bifocal, Trifocal and Progressive lenses.

5.2.4 All Basic Unit Bid Prices shall include one eyeglass case per pair of frames provided.

5.2.5 Group A, Section 1 – Plastic Frames. OG = OnGuard; AX = Armourx. The plastic frames that will be paid by the City as the basic plan frames are: OG 043, OG 043S, OG 068S, OG 104, OG 105, OG SG 201; AX 6000, AX 6001.

5.2.6 Group A, Section 2 – Metal Frames. OG = OnGuard; AX = Armourx. The metal frames that will be paid by the City as the basic plan frames are: OG 085, OG

091, OG 092, OG 093, OG 094, OG 095; AX 7012, AX 7013, AX 7014.

5.3 GROUP B, REPAIRS

Repairs to safety glasses shall be performed under this contract. Prices for repairs shall be bid as follows:

5.3.1 Parts

A Price List for Parts for the referenced frames in the appropriate collections must be included with the bid. The City reserves the right to reject any bid which does not include the Parts Price List.

5.3.2 Labor

Dollar amount (Not to Exceed) per repair. Billing shall be for the appropriate amount for the repair involved. In no event may repairs be billed for more than the amount bid.

5.4 GROUP C, MISCELLANEOUS ITEMS

5.4.1 Prices are requested for all items shown in Section C of the Proposal. All items must be bid. No quantity estimates can be given.

5.4.2 Department approval must be provided by the employee prior to provision of any miscellaneous item in Section C and fully noted on the required form. Under no circumstances shall the contractor be responsible to supply the employee with any item that has not been approved prior to the office visit.

5.4.3 The City reserves the right to negotiate prices with the contractor for items that may be added to the contract subsequent to award.

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6. PRODUCT STANDARD

6.1 OnGuard Safety Corporation and Armourx Inc. safety glasses are the standard product lines for this bid, along with related repair parts.

6.2 Bids on alternate product lines may be submitted. However, alternates must be fully equivalent to the products specified on the Proposal pages, including styling, breadth of product line and availability. Alternates will be evaluated per Section 13 of this bid.

6.3 If any of the items or product lines specified in this contract change during the course of this contract (e.g. a product line or item is dropped or changed), the City reserves the right to adjust this contract to reflect such change(s). The contractor must notify the City of any such changes, at which time the City reserves the right to change the contract accordingly, or terminate the contract and bid a new contract. No changes to the contract are to be made by the contractor without the express written approval of the City.

7. NON-COVERED FRAMES

7.1 The specific frames listed in Group A for plastic and metal frames (Section 5.2) for OnGuard Safety Corporation and Armourx Inc. safety glasses collections referenced may be billed to the City at the contract price. Under no circumstance shall the City be held responsible for any excess charges nor shall such charges be billed to the City.

7.2 The contractor may dispense safety glasses with frames other than those listed in the in Group A under the following conditions:

7.2.1 The employee requesting the frame must sign a form, provided by the contractor, stating the awareness of said employee that full responsibility to pay all charges above the contract price rests with said individual.

7.2.2 All frames dispensed must be from the contract line of safety eyewear; i.e., OnGuard, Armourx or an equivalent line approved by the City at the time of contract award.

7.2.3 Billing to the City shall accurately describe the actual transaction by means of the following notations:

A. Name and Model No. of the frames actually supplied.

B. Amount paid by the employee.

C. The price billed to the City will be the Actual Average Bid Price per Rx requirements (Group A, Section 3) plus any authorized alternate materials ordered.

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7.3 The contractor must make arrangements directly with an employee to collect monies due to an employee upgrade for non-covered frames. The City will not be responsible for any process to collect monies due from any employee.

8. PRICES

8.1 The City is seeking Unit Prices for the specific items listed in the Proposal. Employees may order any of the frames included in the plastic and metal frames listed in Section

5.2 and the contractor shall bill the City at the price bid for that item on a fee for materials basis, at no cost to the employee.

8.1.1 Progressive lenses are covered as long as they have been prescribed by a qualified optometrist or ophthalmologist and the employee chooses a frame from the approved items.

8.1.2 If any other frame is ordered (non-plan frame), the City will pay the Actual Average Bid Price per prescription requirements. Any additional cost must be paid by the employee.

8.1.3 At the time of ordering, the employee must be notified if the employee will have to pay some cost. Section 7 sets forth the procedure to be followed in this case.

8.1.4 Other adjustments (for miscellaneous materials) shall also be calculated against the Actual Average Bid Price.

8.2 The Actual Average Bid Price will be calculated, as shown on the Proposal. (See Proposal - Group A, Section 3).

8.2.1 The Actual Average Bid Price will be the maximum dollar amount that the City will pay for any non-plan frame ordered per prescription requirements.

8.2.2 Non-Plan frames are defined as any frame chosen by a City employee not specifically listed in Section 5 as approved and paid for by the City.

9. CONTRACTOR ASSISTANCE TO CITY EMPLOYEES

9.1 Any employees of the contractor that will be dealing directly with City employees must be totally familiar with and fully informed of the terms and conditions of this Contract.

They shall assist City employees in ordering and explain to them exactly what is covered under contract.

9.2 However, if the contractor has a problem dealing with an individual who either does not agree or understand the terms and conditions of the contract, THE CONTRACTOR SHALL HAVE THE CITY EMPLOYEE CONTACT HIS/HER SUPERVISOR. The supervisor will then be responsible for responding to the problem with the employee.

10. BILLING

10.1 UNIFORMED SERVICES (POLICE & FIRE)

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10.1.1 At the time of billing, the contractor must submit invoices setting forth an exact description of the glasses received by each employee and showing the name an and signature of the employee receiving the glasses and the division or location to which that employee is normally assigned to (i.e., Fire House #4, Hose Depot, Section 4, etc.), the total cost of the invoice, and the net cost to the City, referencing the contract item number.

10.1.2 Each department shall establish a purchase order for safety glasses. Invoices must be submitted monthly to each using agency. The purchase order number must be referenced on the invoice. Failure to reference a purchase order number may result in a delay of payment.

10.2 NON-UNIFORMED CITY EMPLOYEES

10.2.1 For City employees who are not members of the uniformed services, the Contractor shall submit detailed invoices setting forth exact description of glasses received by each employee including the employee's name and signature for the receipt of the glasses and his/her department, bureau or division, plus the authorization order signed by the department or bureau head. The Contractor must obtain the authorization order signed by authorized department personnel at the time glasses and/or new lenses are ordered, and return said order with the invoice, the total cost of the invoice, and the net cost to the City, referencing the contract item number.

10.2.2 Billing shall be done on a monthly basis. Each department and/or bureau utilizing this contract shall establish a purchase order which must be referenced on the invoice. Failure to reference a purchase order number on the invoice may result in a delay of payment.

11. QUALIFICATIONS OF BIDDERS

11.1 Bidders shall be NYS licensed dispensing opticians in the business of dispensing ophthalmic products not less than three (3) years.

11.2 Bidders shall obtain ophthalmic products from a company which shall have been in the business of providing such products for at least one (1) year and shall provide references for that company on request.

11.3 It is the desire of the City to minimize the time away from the job by employees who require Safety Glasses. Therefore, Bidders shall be required to provide convenient and accessible service to the employees of the City of Rochester. Convenient and accessible service shall be defined as either:

11.3.1 Maintaining at least one office within a two (2) mile radius of City Hall or;

11.3.2 Maintaining at least two offices located so as to serve the major population centers in the central part of Monroe County. Both locations must be within a five (5) mile radius from City Hall to be considered as meeting this requirement.

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11.3.3 Hours of operation must include standard weekday business hours plus at least one evening and half-day Saturday, as well as free parking. Customer service hours should be submitted with the bid.

12. PRICE SHEETS AND SERVICE

12.1 Bidders must submit, along with their bid, one (1) copy of the current catalog and price list.

12.2 The catalog and price list may be submitted electronically on a CD, or thumb drive if submitting a physical bid packet per section 18.1. The catalog and price list may otherwise be submitted by an Excel spreadsheet or reference to an on-line catalog with prices per section 12.4 if submitting the bid electronically per section 18.2. By submitting this information electronically the bidder certifies the information provided in the electronic files is true and accurate and is the bidder’s intended bid.

12.3 Upon award, the successful bidder may be required to submit additional copies of the current catalog and price list for distribution to various City of Rochester departments. The contractor shall assist using agencies in the use of catalogs and price lists, upon request.

12.4 If the contractor’s catalog is available as an electronic catalog on-line and the electronic catalog pricing matches the pricing offered in this bid, the City will work with the contractor to use the electronic catalog in place of or in addition to the printed catalog and price lists.

12.5 In order to achieve the efficiencies inherent in electronic ordering for both the City and the contractor, the City will work with the contractor to implement an on-line ordering system if this is available through the contractor’s web site using the electronic catalog.

13. SAMPLING, INSPECTION AND TEST PROCEDURES

13.1 Bidders may offer brands other than that set forth in the Proposal provided that the alternates meet or exceed the brand specified in design and quality.

13.2 Samples will be required if the apparent low bidder proposes an alternate ophthalmic product to the specified OnGuard and Armourx brands.

13.3 A committee will be formed to make a comparison in terms of quality, function and design for alternates bid and will make a recommendation to the Director of Purchasing whose decision shall be final.

14. REQUEST FOR PRICE CHANGE

14.1 Prices bid for the specified items shall remain firm for the contract term. Requests for price increases shall be made in writing to the Director of Purchasing only at the time of an extension, with the offer to extend the contract.

14.2 Requests can only be based on a supplier cost increase to the contractor. The requested price increase cannot exceed the supplier’s cost to the contractor. Written substantiation of the supplier’s cost increase must be submitted with the price increase request.

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14.3 The City reserves the right to not accept price increases requested and to terminate a contract and seek new competitive bids.

15. CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

15.1 The contract resulting from this bid shall be subject to the requirements of the Iran Divestment Act of 2012 (the “Act”), Chapter 1 of the 2012 Laws of New York, State Finance Law (SFL) § 165-a and New York General Municipal Law § 103-g both effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) is responsible for developing a list of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law) (the “Prohibited Entities List”). The Prohibited Entities List as required by SFL § 165-a (3) (b) is found on the OGS web site at http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf.

15.2 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.”

15.3 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.

15.4 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.

15.5 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.

16. 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

522980 9 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.

17. W-9 FORM

A W-9 is required with each bid.

18. SUBMITTAL OF BIDS

18.1 Bid proposals for this bid should be submitted in a marked sealed envelope, to include a signed original hard copy of the Proposal, bid specifications, addenda and any support documentation required, delivered to and received by the Director of Purchasing at the Bureau of Purchasing, Room 105-A, City Hall, Rochester, New York 14614 by the closing date and time specified in the Invitation to Bid or any addenda.

18.2 For this bid, instead of submitting a hard copy per Section 18.1, 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.

18.3 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.

18.4 Bidders should not submit two bids. Submit a bid either in hard copy per Section

18.1 or electronically per Section 18.2. The City reserves the right to reject any and all bids if multiple bids are received from one bidder.

ALL BIDS WILL BE OPENED VIA ZOOM

Thursday January 16,, 2025 at 11:00 AM EST Join Zoom Meeting https://cityofrochester.zoom.us/j/8926058590 Meeting ID: 892 605 8590 Passcode: 979673

Bid results will be posted on www.bidnetdirect.com http://www.bidnetdirect.com/

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19. 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 its knowledge and belief:

19.1 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.

19.2 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.

19.3 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.

P R O P O S A L

The undersigned bidder hereby agrees to furnish the goods or services specified, and to otherwise fully meet all terms, conditions, and specifications contained in this Invitation to Bid without exception unless exceptions are clearly noted in this proposal. SIGNATURE MUST

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BE THAT OF THE BIDDER OR OF AN EMPLOYEE OR AGENT AUTHORIZED TO SIGN

ON BEHALF OF THE BIDDER

GROUP A

BASIC UNIT PRICES - Furnish and Dispense Industrial Safety Glasses (Frames & Lenses) as specified.

Section 1.1 – Plastic Frames

Polycarbonate Plastic

A. Single Vision w/Frame $_____________ $_______________

B. Bifocal w/Frame $_____________ $_______________

C. Trifocal w/Frame $_____________ $_______________

D. Progressive Lenses w/Frame $_____________ $_______________

SECTION 1.1 TOTALS $ ____________ $_______________

Section 1.2 – Metal Frames

Polycarbonate Plastic

A. Single Vision w/Frame $_____________ $_______________

B. Bifocal w/Frame $_____________ $_______________

C. Trifocal w/Frame $_____________ $_______________

D. Progressive Lenses w/Frame $_____________ $_______________

SECTION 1.2 TOTALS $ ____________ $_______________

GROUP A TOTAL $ _____________________________

( ADD SECTION 1.1 + SECTION 1.2)

Authorized Signature Typed Name and Title of Authorized Signer

Typed Name of Company (Continued through Page 18)

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PROPOSAL

without exception unless exceptions are clearly noted in this proposal. SIGNATURE MUST

2. BID CALCULATIONS (WILL BE USED ONLY TO DETERMINE LOW BID)

Enter Price for Sum Total of all sixteen (16) Basic Unit Prices listed in Section 1.1 and 1.2 = $________________ (Total Unit Price)

Divide the Sum Total of Unit Prices by sixteen (16) = $________________ (Average Bid Price)

Multiply Average Bid Price times 300 (Estimated # of pairs) = $________________

GRAND TOTAL BID PRICE $________________

Authorized Signature Typed Name and Title of Authorized Signer

(Continued through Page 18)

522980 13 without exception unless exceptions are clearly noted in this proposal. SIGNATURE MUST

3. NON-COVERED FRAME BID PRICES - MAXIMUM DOLLAR AMOUNT CITY

OF ROCHESTER WILL PAY TOWARD NON-PLAN FRAMES.

- Actual Average Bid Price for Single Vision Lenses & Frames (Polycarbonate and Plastic)

Sum of 1.1.A + 1.2.A divided by 4 = $_________________________________ (Actual Average Bid Price - Single Vision)

- Actual Average Bid Price for Bifocal Lenses & Frames (Polycarbonate and Plastic)

Sum of 1.1.B + 1.2.B divided by 4 = $_________________________________ (Actual Average Bid Price - Bifocal)

- Actual Average Bid Price for Trifocal Lenses & Frames (Polycarbonate, Plastic and Glass)

Sum of 1.1.C + 1.2.C divided by 4 = $_________________________________ (Actual Average Bid Price - Trifocal)

- Actual Average Bid Price for Progressive Lenses & l Frames (Polycarbonate and Plastic)

Sum of 1.1.D + 1.2.D divided by 4 = $_________________________________ (Actual Average Bid Price - Progressive)

(Continued through Page 19)

522980 14 without exception unless exceptions are clearly noted in this proposal. SIGNATURE MUST

GROUP B

REPAIRS

1. MATERIALS:

Repairs to safety glasses shall be based on the Price List for Parts Schedule submitted with the bid.

2. LABOR:

Per repair, NOT TO EXCEED: $_______________

GROUP C

MISCELLANEOUS ITEMS/MATERIALS - (Enter "0" in unit price column if cost is included in Basic Unit Prices)

1. PHOTO CHROMATIC PLASTIC

Single Vision $_____________________ Unit Price

Bifocal $_____________________ Unit Price

Trifocal $_____________________ Unit Price

2. Clip on: Full Side Shields for Safety Glasses, per pair $__________________ Unit Price

3. Detachable Cords for Glasses (for around the neck) $__________________ Unit Price

Authorized Signature Typed Name and Title of Authorized Signer

Typed Name of Company ewq

522980 15 without exception unless exceptions are clearly noted in this proposal. SIGNATURE MUST

MISCELLANEOUS ITEMS/MATERIALS, continued

4. Detachable Straps for Glasses (for the back of head) $______________________ Unit Price

5. Steam Preventing Anti-Static lens cleaner, 1 oz. $______________________ Unit Price

6. OVERSIZE (54 + over) (ADD OR DEDUCT FROM BASIC UNIT BID PRICE)

Polycarbonate Plastic

A. Single Vision $____________________ $___________________

B. Bifocal $____________________ $___________________

C. Trifocal $____________________ $___________________

7. TINTS (ADD OR DEDUCT FROM BASIC UNIT BID PRICE)

Polycarbonate Plastic

A. Single Vision $____________________ $___________________

B. Bifocal $____________________ $___________________

C. Trifocal $____________________ $___________________

522980 16 without exception unless exceptions are clearly noted in this proposal. SIGNATURE MUST

MISCELLANEOUS ITEMS/MATERIALS, continued

8. SCRATCH COATING (ADD OR DEDUCT FROM BASIC UNIT BID PRICE)

Polycarbonate Plastic

A. Single Vision $______________ $_____________

B. Bifocal $______________ $_____________

C. Trifocal $______________ $_____________

9. GLASS LENSES

Single Vision Bifocal Trifocal Progressive

Standard Collection $___________ $__________ $__________ $___________ Basic Unit Price Basic Unit Price Basic Unit Price Basic Unit Price

Fashion Collection $___________ $__________ $__________ $___________ Basic Unit Price Basic Unit Price Basic Unit Price Basic Unit Price

Photo Chromatic $___________ $__________ $__________ $___________ Add or Deduct Add or Deduct Add or Deduct Add or Deduct

Oversize (54+ over) $___________ $__________ $__________ $___________ Add or Deduct Add or Deduct Add or Deduct Add or Deduct

Tints $___________ $__________ $__________ $___________ Add or Deduct Add or Deduct Add or Deduct Add or Deduct

Scratch Coating $___________ $__________ $__________ $___________ Add or Deduct Add or Deduct Add or Deduct Add or Deduct

522980 17 without exception unless exceptions are clearly noted in this proposal. SIGNATURE MUST

List below all of your optional service dispensing facilities located within a five (5) mile radius from City Hall 30 Church Street, Rochester, NY 14614.

A. Street Address: _________________________________________________

Telephone: _________________________________________________

Operating Hours: _________________________________________________

B. Street Address: _________________________________________________

C. Street Address: _________________________________________________

D. Street Address: _________________________________________________

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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, and reference made to each page and paragraph to which the exception will apply.

It shall be understood that if no exception is taken, the contractor shall supply all materials or services as specified.

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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 & Extensions

Date: ____________________

ACCEPTED ON BEHALF OF THE CITY OF ROCHESTER FOR:

SAFETY GLASSES, PRESCRIPTIONS

Contract No. _______________________ Contract Term: ______________________

Director of Purchasing

Date: _________________________________________

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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

Director of Purchasing as a result of such Invitation to Bid, unless otherwise specified. Bidders or their authorized representative are expected to fully inform themselves as to these conditions, requirements and specifications before submitting bids. Failure to do so will be at the bidder's own risk and a bidder cannot secure relief on the plea of error.

Subject to applicable Federal, State and Local laws, ordinances, rules, regulations and limitations, bids on all advertisements and invitations issued by the Department of Finance, Purchasing Bureau will bind bidders to applicable conditions and requirements set forth herein unless otherwise specified in the

Invitation to Bid.

CONDITIONS OF BIDDING

1. Proposal Forms: Bids shall be submitted only on the forms provided by the City in the

Invitation to Bid. The bidder submit one (1) complete signed copy of the Proposal, attached to the Invitation to Bid. When submitting a hard copy of the bid, the bid shall be signed and sealed in the envelope provided by the City for that purpose. When using an envelope other than the one provided by the City, the following required information must be entered in the lower left corner on the face of the envelope: Bid Number, Bid Title, Closing Date and Time, and

Submitted By. The envelope must be mailed or hand delivered to the Office of the Director of

Purchasing, City Hall, Room 105A, 30 Church St., Rochester, NY 14614. When submitting an electronic copy of the bid, where permitted in the Invitation to Bid, the bid shall be signed and submitted through the electronic bidding service specified in the Invitation to Bid. No other form of electronic submittal of a bid will be accepted by the City.

2. Late Bids: Formal bids, amendments thereto, or requests for withdrawal of bids received by the City after time the bid closing date and time specified will not be accepted by the City.

3. Withdrawal of Bids: A written request for the withdrawal of a bid or any part thereof may be granted if the request is received by the City prior to the specified date and time of the bid closing.

4. Submittal of Bids: Bids that are mailed or delivered to the City in hard copy must be sealed and submitted in the envelope supplied by the City or otherwise clearly marked with the Bid

Number, Bid Title, Bid Closing Date and Time and Submitted By. In the event that the bid contains bulky subject material, the special mailing envelope must be firmly affixed to any other

522980 21 wrapper being used. Bids not received in the actual office of the Director of Purchasing by the date and time established for the bid closing shall be rejected, even if mailed earlier. It is the bidder’s responsibility to ensure that the bid is received in the office of the Director of

Purchasing by the bid closing date and time. Submittal of electronic bids, where permitted in the Invitation to Bid, is subject to the terms and conditions specified in the Invitation to Bid. In 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 Director of Purchasing or otherwise does not formally withdraw the bid.

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 Director of

Purchasing 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 Director of Purchasing shall further have the right to award separate items or groups to different vendors. Bidder may restrict the bid to consideration in the aggregate by so stating, but should offer a unit price on each item bid upon; any bid in which the bidder offers a total price without quoting a price on each and every separate item may be rejected at the option of the City.

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

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

Erasures or changes in bids should be initialed.

10. Questions Regarding Specifications: Except for Public Works, any information relative to interpretation of specifications and drawings shall be requested of the Director of Purchasing, in writing.

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.

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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

Director of Purchasing, catalogs, descriptive literature, and detailed drawings, fully detailing features, designs, construction, finishes and the like necessary to fully describe the material or work the bidder proposes to furnish. This information shall be provided in a form requested by the Director of Purchasing, which may be either printed, electronic or both.

16. Competency of Bidder: No proposal will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the City 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 Director of Purchasing of performance ability and possession of necessary facilities, pecuniary resources and adequate insurance to comply with the terms of these specifications and contract documents.

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.

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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 Director of Purchasing an annual bid bond approved by the City with an uncommitted balance equal to the certified check requirements. When computing amount of Bid for bid security purposes, do NOT deduct for trade-ins. U.S. Postal Money Orders are acceptable in lieu of certified checks. Bid securities of non-awarded bidders will be returned after the contract has been awarded. No interest will be paid on bid securities held by the City.

21. Annual Bid Bonds: Bidders who regularly do business with the City shall be permitted to file with the Director of Purchasing an annual bid bond in the amount specified below. The bond may be in the form of a bid bond, cash, certified check or Letter of Credit. Such annual bonds shall be acceptable as surety in lieu of the furnishing of surety with each individual transaction.

Annual bid bonds shall be in an amount as determined by the bidder, of no less than Five

Thousand Dollars ($5,000.00). If at any time, the requirements of a specific Invitation to Bid exceed the amount of the annual bid bond on file, or should the aggregate amount of the bid security requirements on all open and un-awarded bids submitted by the bidder exceed the amount of the annual bid bond, additional surety will be required to meet the requirements of the bid. The additional amount must be submitted with the bid. No interest will be paid on annual bid bonds held by the City.

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.

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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 Director of Purchasing reserves the right to require bidders proposing an alternate to provide sufficient documentation, samples, references and/or other information for the City to be able to determine that the alternate(s) offered meet the City’s requirements for equivalency.

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.

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The Director of Purchasing hereby reserves the right to approve as an equal, or to reject as not being equal, any product or service the bidder proposes to furnish which contains major or minor variations from specification requirements of the Invitation to Bid.

If no particular brand, model, or make is specified, and if no data is required to be submitted with the bid, the City reserves the right to require any bidder to submit sufficient information to the Director of Purchasing to determine that the item(s)/service(s) offered comply with the requirements of the Invitation to Bid, and to reject any bid that does not meet said requirements

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.

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 Director of Purchasing reserves the right to reject any or all bids and to waive any informality in bids received whenever such rejection or waiver is in the interest of the City. The Director of Purchasing reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid of a bidder where investigation shows the bidder is not in a position to perform the contract.

In determining responsibility, the Director of Purchasing shall consider:

a) The adequacy of the bidder’s financial resources or ability to obtain such resources, including insurance and bonding, if required.