523730 CEMETERY MEMORIALS AND MONUMENTS.pdf

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

Bureau of Purchasing City Hall Room 105 A, 30 Church Street Rochester, New York 14614-1290 www.cityofrochester.gov

PRINTED NAME OF BIDDER

CEMETERY MEMORIALS AND MONUMENTS

Invitation to Bid No. 523730 Published: August 25, 2025

PURCHASING BUREAU CONTACT: Claire LaDelia, Purchaser (585) 428-7042

BID CLOSING: Wednesday, September 10, 2025 at 11:00 a.m.

Join Meeting: https://cityofrochester.zoom.us/j/4564119010 Meeting ID: 456 411 9010 Password: 4564119010

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 includes the Terms and Conditions specified herein, the Proposal, the attached General 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, WITH OPTION TO EXTEND

Bid Deposit / Performance Security Requirement: NONE

Insurance Requirement: NONE

Samples Requirement: NONE

Manufacturer Catalog Price List: 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.

https://cityofrochester.zoom.us/j/4564119010

CEMETERY MEMORIALS & MONUMENTS

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1. SCOPE

It is the intent of the City of Rochester to establish a contract for Cemetery Memorials and Monuments for the City of Rochester Cemetery Division.

2. SPECIFICATIONS

2.1 Flat granite cemetery memorials, bases, and monuments.

2.2 Polished granite, monument quality.

2.3 Variety of lengths, widths, and thicknesses.

2.4 Memorials shall be inscribed, as ordered by the purchaser, with double process lettering.

Basic inscription will include name of deceased, dates of birth and death, and a simple emblem.

2.5 Litho Colors: Included

2.6 Top polished.

2.7 Pricing without vase holes or granite vases.

2.8 Panel types, per proposal pages.

2.9 Bases pre-drilled for mounting of memorials.

2.10 Ability to laser etch on black granite.

2.11 The City reserves the right to require samples to verify that the products offered meet the City requirements for the quality as specified herein. Samples will be provided to the City at no cost to the City.

2.12 Cemetery Lettering

2.13 Plague Mountings

2.14 Monument Cleanings

2.15 Pet Markers

2.16. Monument Restoration

2.17 Private Mausoleum

3. PRICE LIST

3.1 Bidders must offer unit prices for the specific items identified in the Proposal.

3.2 Where price list and discount information is requested, bidders must submit a copy of their price list or the public website that has their price list effective on the date of the bid.

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3.3 Price lists will include styles of lettering available as well as other options and flat memorial items. Limitations must clearly be noted in the price list. The percentage off the price list for additional lettering or similar designs that are described herein must be indicated in the Proposal.

3.4 The price list offered will be used by the City as the basis for purchasing items not specified herein but that are needed by the City during the terms of the contract. The discount offered will be used by the City to determine price for non-specified items.

3.5 Prices shown on the price list submitted with the bid, or referenced in the bid if a website price list is offered, shall be firm prices for all contract items during the initial term of the contract.

4. DELIVERY

4.1 The items furnished under this contract shall be delivered F.O.B. Destination to either:

Mt. Hope Cemetery Riverside Cemetery 1133 Mt. Hope Ave. or 2560 Lake Ave.

Rochester, NY 14620 Rochester, NY 14612

4.2 Delivery shall be completed by a certified trucking company within forty-five (45) calendar days after receipt of order (A.R.O.), per the industry standard.

4.3 If the forty-five (45) calendar days time is not acceptable, the bidder shall state guaranteed delivery on the Proposal.

4.4 The City of Rochester reserves the right to reject any bids in which delivery time is unacceptable.

5. QUANTITY

5.1 Unless otherwise noted on the Proposal, prices are for a quantity of one (1). This is to establish the price if the City orders an item.

5.2 The City will make no guarantee as to quantity or dollar volume of this contract.

However, for informational purposes only, the City spent approximately $48,000 per year on this contract for the last three years.

5.2 The contract shall be for the actual granite memorials and other items ordered form price lists offered.

5.3 The City reserves the option to order items not specified herein off the catalog/product line list at the percentage-off price for the full term of the contract.

6. CONTRACT TERM

6.1 The contract(s) resulting from this Bid Invitation shall commence on the date of award and end on September 30, 2026.

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6.2 The City may extend this contract under the same terms and conditions for up to three

(3) additional years, in increments of one (1) year or less upon the mutual agreement of both parties.

7. METHOD OF AWARD

7.1 The City intends to award a contract to the responsive and responsible bidder(s) whose bid is the lowest Best Value Offer to the City.

7.2 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.

7.3 The City prefers to make a single award on the basis of the Total Bid Price for all items.

However, the City reserves the right to award on an item-by-item or group basis if doing so results in lower costs after factoring in the costs of making multiple awards. All granite types should be bid for each item. If a granite type is not available, bidder should write “N/A” on the unit price line.

7.4 Additional Items – Price List Discounts must be offered to enable the City to purchase these items if needed. The percentage discounts from the price list offered will not be used to determine the award. However, the City reserves the right to reject a bid if the manufacturers/price lists offered do not provide the items needed or if discounts offered are disproportionate or not consistent with industry practice.

7.5 The City reserves the right to determine whether items offered among bidders are comparable, in order to develop a fair apples-to-apples comparison of bids and to identify which bid comes closest to meeting the City’s requirements as specified herein.

8. QUALIFICATION OF BIDDER

8.1 The City reserves the right to reject a bidder who has not been in the business of selling the items specified herein on a commercial basis for several years. Upon request, the bidder shall provide evidence to the City of its business history, customers and references. The City further reserves the right to evaluate the bidder’s facilities, inventory, equipment and staff to verify the bidder’s ability to service this contract.

8.2 The City reserves the right to reject any bidder who is not able to demonstrate to the satisfaction of the City that the company is able to meet the terms and conditions of this contract.

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9. REQUEST FOR PRICE CHANGE

9.1 Prices shall remain firm for the contract term.

9.2 Requests for price increases to take effect during a contract extension must be submitted with the offer to extend or earlier. A price increase may be considered under the following conditions:

9.2.1 Written notification from the Manufacturer to the Vendor stating there will be a price increase and the amount.

9.2.2 Written notification from the Vendor to the City of Rochester Director of Purchasing requesting a price increase and accompanied by the Manufacturer’s letter.

9.2.3 The decision to grant a price increase during the extension period will rest solely with the Director of Purchasing.

9.3 The discount offered shall remain the same during the contract and any extensions.

New price lists may be submitted which will replace existing price lists. However, new price lists may not be submitted more frequently than one per year.

9.4 The City reserves the right to terminate this contract and seek new bids if price change requests are not acceptable to the City.

10. NON-SPECIFIED RELATED WORK OR ITEMS

10.1 The City may negotiate prices with the contractor for incidental work, or other items, of a similar nature not specified herein that may be needed by the City during the contract term.

10.2 Any non-specified work or items must authorized by the Director of Purchasing or his/her authorized agent prior to the contractor providing these services or items to the City.

10.3 The contractor must submit a written price quotation to the Director of Purchasing for proper authorization and/or approval. Services rendered without prior consent of Purchasing will not be paid for by the City.

10.4 The City reserves the right to bid any additional work competitively, if it is in the City's best interest.

11. W-9

Bidder must submit along with Proposal Page, the bidder’s W-9 Form.

12. SUBMITTAL OF BIDS

12.1 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

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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.

12.2 For this bid, instead of submitting a hard copy per Section 12.1, 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.

12.3 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.

12.4 Bidders should not submit two bids. Submit a bid either in hard copy per Section 12.1 or electronically per Section 12.2. 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

Wednesday, September 10, 2025 at 11:00 a.m.

Join Zoom Meeting https://cityofrochester.zoom.us/j/4564119010 Meeting ID: 456 411 9010 Password: 4564119010

Bid results will be posted on www.bidnetdirect.com

13. CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

13.1 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.

13.2 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.”

13.3 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 https://cityofrochester.zoom.us/j/4564119010 http://www.bidnetdirect.com/ http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf

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13.4 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.

13.5 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.

14. POLITICAL SUBDIVISIONS

Bidders should note that other political subdivisions with which the City has entered into municipal cooperation agreements, may participate in the contract resulting from this bid award.

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 notify the other political subdivisions that this contract is available to them for purchases.

15. 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:

15.1 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.

15.2 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.

15.3 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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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 BE THAT OF THE BIDDER OR OF AN EMPLOYEE OR AGENT AUTHORIZED

TO SIGN ON BEHALF OF THE BIDDER.

ITEM DESCRIPTION PANELS GRANITE TYPE UNIT COST

1. Flat Marker Rock Sides 1 VERMONT

2' x 1" x 4" BARRE GREY $

CHINESE

IMPERIAL BLACK $

GREY $

ROSE $

MAHOGANY $

BLACK $

TOTAL BID PRICE, ITEM #1 $

2. Flat Marker Rock Sides 3 VERMONT

2' 6” x 1' x 4" BARRE GREY $

TOTAL BID PRICE, ITEM #2 $

Authorized Signature Typed Name and Title of Authorized Signer

Typed Name of Company

(Continued through Page 22)

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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

3. Slant Marker Rock Sides 3 VERMONT

3' x 1’ x 4" BARRE GREY $

TOTAL BID PRICE, ITEM #3 $

4. Slant Marker Rock Sides 3 VERMONTA 4' x 1' x 4" BARRE GREY $

TOTAL BID PRICE, ITEM #4 $

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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

5. Slant Marker Rock Sides 1 VERMONT

2' x 10" x 1' 6" BARRE GREY $

TOTAL BID PRICE, ITEM #5 $

6. Slant Marker Rock Sides 3 VERMONT 2' 6” x 10" x 1' 6" BARRE GREY $

TOTAL BID PRICE, ITEM #6 $

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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

7. Slant Marker Rock Sides 1 VERMONT

3’ x 10" x 1' 6" BARRE GREY $

TOTAL BID PRICE, ITEM #7 $

8A. Slant Marker Rock Sides 1 VERMONT 4’ x 10" x 1' 6" BARRE GREY $

TOTAL BID PRICE, ITEM #8A $

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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

8B. Slant Marker Rock Sides 3 VERMONT

4’ x 10" x 1' 6" BARRE GREY $

ON BASE:

Base for Slants All Sizes CHINESE

IMPERIAL BLACK $

GREY $

ROSE $

TOTAL BID PRICE, ITEM #8B $

TOTAL BID PRICE, ITEM #8 $

(Add Items 8A + 8B)

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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

9. Flat Marker Sawn Sides 0 VERMONT

BARRE GREY $

TOTAL BID PRICE, ITEM #9 $

10. Monument

Die Size: 1'8" x 8" x 2'4” 1 VERMONT Finish: POL2 ROCK SIDES BARRE GREY $ Base Size: 2'6" x 1' x 8"

Finish: PFT ROCK SIDES CHINESE Includes two standard carvings IMPERIAL BLACK $

TOTAL BID PRICE, ITEM #10 $

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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

11. Monument 1 VERMONT

Die size: 2'2" x 8" x 2' 4” BARRE GREY $ Finish: POL2 ROCK SIDES Base size: 2'6" x 1' x 8" CHINESE Finish: PFT ROCK SIDES IMPERIAL BLACK $ Includes two standard carvings

TOTAL BID PRICE, ITEM #11 $

12. Monument 3 VERMONT Die size: 3'6" x 8" x 2’ BARRE GREY $

Finish: POL2 ROCK SIDES Base size: 4'6" x 1’ 2” x 8" CHINESE

Finish: PFT ROCK SIDES IMPERIAL BLACK $ Includes two standard Carvings

TOTAL BID PRICE, ITEM #12 $

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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

13. Monument 3 VERMONT

Die size: 3' x 8" x 1'10" BARRE GREY $ Finish: POL2

Base size: 4' x 1'2”x 8" CHINESE Finish: PFT IMPERIAL BLACK $

Includes two standard floral carvings

TOTAL BID PRICE, ITEM #13 $

14. Monument 1 VERMONT

Die size: 2' x 8" x 2'2" BARRE GREY $ Finish: POL2 ROCK SIDES Base size: 2'8” x 1'2” x 8" CHINESE Finish: PFT ROCK SIDES IMPERIAL BLACK $ Shape: HEART

TOTAL BID PRICE, ITEM #14 $

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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

15. Monument 3 VERMONT

Die size: 4’ x 8" x 2’8" BARRE GREY $ Finish: POL2 ROCK SIDES Base size: 5' x 1'2” x 10" CHINESE

Finish: PFT ROCK SIDES IMPERIAL BLACK $

TOTAL BID PRICE, ITEM #15 $

16. Cremation Memorial 0 VERMONT

10" x 8" x 1'6" BARRE GREY $ Pol 3, BRP 6” x 9” Cremation Hole in bottom CHINESE

TOTAL BID PRICE, ITEM #16 $

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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

17. Ledgers Memorial 1 VERMONT

7’ x 3’ x 0-6” BARRE GREY $

TOTAL BID PRICE, ITEM #17 $

18. Bevel Memorial 1 VERMONT 24’ x 1’ x 8" BARRE GREY $ Cremation Hole 19.5” X 6.75” x 6.75” Black Panel 2-0 x 1-0 x 0-1 all polish

TOTAL BID PRICE, ITEM #18 $

19. Bevel Memorial 3 VERMONT

3’ x 1’ x 8" BARRE GREY $ Cremation Hole 3-0” X 6.75” X 6.75” Black Panel 3-0 x 10 x 01 all polish

TOTAL BID PRICE, ITEM #19 $

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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

BID SUMMARY

ITEM 1 $_____________________ ITEM 11 $_____________________

ITEM 2 $_____________________ ITEM 12 $_____________________

ITEM 3 $_____________________ ITEM 13 $_____________________

ITEM 4 $_____________________ ITEM 14 $_____________________

ITEM 5 $_____________________ ITEM 15 $_____________________

ITEM 6 $_____________________ ITEM 16 $_____________________

ITEM 7 $_____________________ ITEM 17 $_____________________

ITEM 8 $_____________________ ITEM 18 $_____________________

ITEM 9 $_____________________ ITEM 19 $_____________________

ITEM 10 $_____________________

TOTAL BID PRICE $ ____________________________________

(ADD ITEM #1 THROUGH ITEM #19)

NYS Certified MWBE?

W-9 Form: _________

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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

ADDITIONAL ITEMS

A. PORCELAIN CAMEOS, BLACK & WHITE & COLOR PHOTOS

Manufacturer/Price List _______________________________________

Price List Effective Date: _______________________________

Percentage Discount: __________________________________%

Guaranteed Delivery: _________ calendar days A.R.O. (After receipt of order)

B. PHOTO RINGS

C. CEMETERY SUPPLIES AND RELATED EQUIPMENT

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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

ADDITIONAL ITEMS (continued)

D. PLAGUE MOUNTINGS

E. PET MARKERS

F. PRIVATE MAUSOLEUM

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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

ADDITIONAL ITEMS (continued)

G. CEMETERY LETTERING

H. MONUMENT CLEANINGS: $ /HR.

I. MONUMENT RESTORATION: $ /HR.

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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 make reference 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 Identification No.

E-mail Address of Recipient of Contract Awards and Extensions

Date

ACCEPTED ON BEHALF OF THE CITY OF ROCHESTER FOR:

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 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.

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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. 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 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.

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, 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 Director of Purchasing, which may be either printed, electronic or both.

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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.

BID AND PERFORMANCE SECURITIES

18. 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.

19. 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.

20. 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.

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.

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21. 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

22. 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 will be satisfactory. 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.

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

23. 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

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24. 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. The Director of Purchasing may require that any bidder submit verified statements as to financial responsibility and experience, which statements shall be made on forms prescribed by the Director of Purchasing. 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 Director of Purchasing 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 Director of Purchasing having a bearing on the decision to make the award.

m) The Director of Purchasing shall inform a bidder in writing of a non-responsibility determination and the reasons therefor.

n) Upon making a non-responsibility determination, the Director of Purchasing may bar the bidder and affiliated organizations, as further set forth, from bidding on City contracts for a period of not to exceed

523730 28 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 Director of Purchasing 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 Director of Purchasing that the related associations have substantially the same ownership, management or operating personnel.

In determining a bidder's responsiveness, the Director of Purchasing shall consider material deviations from the advertised specifications, including but not limited to factors that materially affect price, quantity, quality, compatibility to existing City equipment and operations for both function and aesthetics where appropriate, expected performance, useful life of product, bonding or insurance requirements, or otherwise limit the bidder's liability. The Director of Purchasing 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 Director of Purchasing 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 the 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.

25. 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 Director of Purchasing 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.

26. 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 M/WBE 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.

27. 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 Director of Purchasing 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 Director of Purchasing.

28. 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.

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29. 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.

30. 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.