CLB107-2025 Jet Skis with Trailers.pdf

CITY OF LONG BEACH • PURCHASING DEPARTMENT

1 WEST CHESTER STREET • LONG BEACH, NY 11561 • (516) 431-1006 (P) • (516) 431-1839 (F)

PURCHASING@LONGBEACHNY.GOV • WWW.LONGBEACHNY.GOV

City of Long Beach, New York

Request for Bids

BID OPENING INFORMATION

Date: October 6, 2025

Time: 11:00 a.m.

NAME OF BID:

Purchase & Delivery of Jet Skis with Trailers

INVITATION FOR BIDS NUMBER:

CLB107-2025

Specification Reference: As Incorporated in the Request For Bids

CONTRACT PERIOD: One time purchase.

The bid must be fully and properly executed by an authorized person.

By signing you certify your express authority to sign on behalf of yourself, your company, or other entity and full knowledge and acceptance of this REQUEST FOR BIDS, City Of Long Beach, New York General Conditions, and that all information provided is complete, true and accurate.

Legal Business Name of Company Bidding:

Bidder's Federal Tax Identification #:

(Do Not Use SS#)

D/B/A - Doing Business As (if applicable):

Street City State Zip

If you are not bidding, place an “x” in the box and return this page only. ☐ WE ARE UNABLE TO BID AT THIS TIME BECAUSE__________________________________________________________________________________________.

Bidder’s Signature: ______________________________

Title: _________________________________________

Printed or Typed Name:

Date:

Phone: ( ) - ext. ( )

Fax: ( ) -

E-mail Address:

Company Web Site:

IMPORTANT: SEE “NOTICE TO BIDDERS” AND “INSTRUCTIONS TO BIDDERS” CLAUSES HEREIN.

BIDS MAY BE SENT TO ADDRESS LISTED BELOW ONLY.

(Fax and/or E-Mail Bid Submissions Will NOT Be Accepted) mailto:purchasing@longbeachny.gov http://www.longbeachny.gov/

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CITY OF LONG BEACH

Purchasing Department

Room 509

1 West Chester Street

Long Beach, New York 11561

Request for Sealed Bids

This Bid Contains the Following:

Notice to Bidders/Proposers

Instructions to Bidders/Proposers

Bid Specifications/Items List

General Conditions

Bidders’ Qualifications Statement (Includes bidders’ statement, non-collusion statement, insurance forms, etc.)

City Manager

Daniel Creighton

City Council

Brendan Finn, President

Christopher Fiumara, Vice President

John Bendo

Roy Lester

Michael Reinhardt

Corporation Counsel

Frank Dikranis, Esq.

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IMPORTANT NOTE TO POTENTIAL BIDDERS: Receipt of these bid documents does not indicate that the City of Long Beach has pre-determined your company's qualifications to receive a contract award. Such determination will be made after the bid opening and will be based on our evaluation of your bid submission compared to the specific requirements and qualifications contained in these bid documents.

NOTICE TO BIDDERS

SEALED BIDS will be received by the Purchasing Agent of the City of Long Beach, in Room 509, 1 West Chester Street, Long Beach, New York 11561, on the 6th day of October, 2025, at 11:00 AM, at which time they will be publicly opened and read and the Contract awarded as soon thereafter as practicable for:

Jet Skis with Trailers

The public will have an opportunity to see and hear the bid opening live at:

https://www.youtube.com/c/cityoflongbeachNYOFFICIAL

Bids may be mailed or delivered to the Purchasing Agent, City of Long Beach, 1 West Chester Street, Room 509, Long Beach, New York 11561, provided the Bid is actually received by the Purchasing Department prior to the time of public opening; or Bids may be delivered to the place of public opening (i.e., the Office of the Purchasing Agent) immediately prior to the time of public opening.

All Bids must be sealed and submitted in an envelope with the Identification Label provided in the Bid Documents affixed to the front of the envelope.

All BIDDERS MUST complete the required Bidder’s Disclosure Statement, Non-Collusion Declaration, and must provide a copy of the required Statement of Financial Conditions, even if a Bidder is currently executing work for the City of Long Beach.

It is the policy of the City of Long Beach to encourage the participation of DBE and M/WBE; by bidding on this project, the contractor acknowledges its understanding and support of this policy and pledges to fully cooperate with the City in meeting the requirements as set forth in the bidding and contract documents.

The City reserves the absolute right to reject any and all Bids, and to waive any informalities therein.

A Bid/Proposal submitted by a bidder who is not in full compliance with the provisions of the City of Long Beach, City Code at the time of submission will be denied.

The City will not accept Bids from, nor award a Contract to, anyone who cannot prove to the satisfaction of the City that the bidder has sufficient experience and/or is financially able and organized to successfully comply with the requirements set forth herein.

DANIEL CREIGHTON

CITY MANAGER

DATED: Long Beach, New York September 8, 2025 https://www.youtube.com/c/cityoflongbeachNYOFFICIAL

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INSTRUCTIONS TO BIDDERS

ITB-1 BID PREPARATION

Prepare your bid/proposal on this form using indelible ink. One copy of the bid is required, unless otherwise specified herein.

ITB-2 BID DOCUMENTS

Failure to fully comply with any of the requirements or instructions contained within the bid document may constitute sufficient cause for rejection of the Bid/Proposal. Such rejections will be subject to the discretion of the Purchasing Agent.

Invitations for Bids will consist of the following documentary components:

a. Notice to Bidders

b. Instructions to Bidders

c. General Conditions

d. Standard Specifications (as defined in General Conditions)

e. Proposal Form

f. Bidder’s Qualifications Statement

g. Addendum to Bid Documents

Invitations for Bids Involving Public Work or Building Services Pursuant to Articles 8 and 9 of the New York

State Labor Law (as specified in the Proposal Form) will also include the following documentary component:

a. New York State Department of Labor Wage Rate Schedule(s).

ITB – 3 EXAMINATION OF BID DOCUMENTS AND FAMILIARITY WITH SITE

BEFORE SUBMITTING A BID/PROPOSAL, ALL BIDDERS ARE ADVISED TO CAREFULLY

EXAMINE THE BID DOCUMENTS; WHERE THE CONTRACT IS FOR PUBLIC WORK OR

INSTALLATION THE BIDDER IS ADVISED TO VISIT THE SITE OF THE PROPOSED WORK TO

BECOME COGNIZANT OF CONDITIONS AND LIMITATIONS ASSOCIATED WITH FULFILLING

REQUIREMENTS OF THE BID DOCUMENTS, INCLUDING BUT NOT LIMITED TO PLANS AND

SPECIFICTIONS.

Pleas of ignorance or misunderstanding of conditions that exist, or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of negligence by failing to make the necessary examinations and investigations as may be expected of a reasonably prudent Bidder, will NOT be accepted as grounds for any excuse on the part of a Contractor to fulfill in every respect all of the requirements of the Bid Documents, nor will such excuses be accepted by the City as a basis for any claims whatsoever for extra compensation, or for an extension of Contract completion time.

ITB-4 INTERPRETATION OF BID DOCUMENTS

If any prospective Bidder is unsure of, or has any reservations about, the precise and true meaning of any written or drawn material contained within any of the Bid Documents, or finds apparent discrepancies therein, or possible omissions therefrom, he/she shall promptly submit to the Purchasing Agent, a written request, fully describing the material in question, for an interpretation, explanation or revision thereto. The response to each request for clarification will be made only by an Addendum to the Bid Documents. Neither the City nor the Purchasing Agent may be held responsible or liable for any other explanations or interpretations of these Bid Documents.

ITB-5 ADDENDUM TO BID DOCUMENTS

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Any Addendum issued during the bidding period shall become an integral part of the Bid Documents and shall be incorporated in the Bidder's Bid/Proposal. All Addendum shall be acknowledged in the Bidder’s

Bid/Proposal, by entering the title, date and signature of the person signing the Bid/Proposal.

ITB-6 MODIFICATIONS TO BID DOCUMENTS

Bids/Proposals shall not take exception to, or request modifications for, any item described in the Bid

Documents. Oral Bids/Proposals will not be considered.

ITB-7 RIGHTS OF CITY COUNCIL

The City Council reserves the right to reject any and all Bids/Proposals and to waive any informalities in the

Bids/Proposals received, and to accept the Bid/Proposal most favorable to the interests of the City, after all

Bids have been analyzed, checked and verified.

ITB-8 TAX EXEMPTION

The Owner is exempt from payment of Sales and Compensating Use Taxes of the State of New York and of cities and counties on all materials and supplies sold to the City pursuant to the provisions of this Contract.

These taxes are not to be included in Bids/Proposals.

ITB-9 FORM OF BID/PROPOSAL

EACH BID/PROPOSAL MUST BE MADE ON THE "PROPOSAL FORM" ATTACHED HERETO AND

SHALL REMAIN ATTACHED HERETO AS ONE OF THE BID DOCUMENTS AND SHALL BE

SUBMITTED IN A SEALED ENVELOPE BEARING THE NAME OF THE BID, BID NUMBER, AND

THE NAME OF THE BIDDER.

THE CITY HEREBY RESERVES THE ASBOLUTE RIGHT TO REJECT ANY BID/PROPOSAL THAT

IS NOT MADE ON THE “PROPOSAL FORM”.

ITB-10 DELIVERY OF BIDS/PROPOSALS

BIDS/PROPOSALS MUST BE DELIVERED BY THE TIME AND TO THE PLACE STIPULATED IN

THE ADVERTISEMENT. IT IS THE SOLE RESPONSIBILITY OF THE BIDDER TO SEE THAT HIS

BID/PROPOSAL IS RECEIVED IN THE PROPER TIME. ANY BIDS/PROPOSALS RECEIVED

AFTER THE SCHEDULED CLOSING TIME FOR RECEIPT OF BIDS/PROPOSALS SHALL BE

RETURNED TO THE BIDDER/PROPOSER UNOPENED.

ITB-11 CORRECTIONS TO BIDS/PROPOSALS

Erasures or other corrections in the Bid/Proposal must be initialized by the person signing the Bid/Proposal.

ITB-12 WITHDRAWAL OF BIDS/PROPOSALS

Any Bidder may withdraw his/her Bid/Proposal, either personally, or by telegraphic or written request, if such a request is received by the Purchasing Agent at any time during normal working hours prior to the scheduled closing time for receipt of Bids/Proposals. If a Contract is not awarded within 45 calendar days after opening of the Bids, all Bids will be considered to have been rejected for cause, unless, at the City’s request the low Bidder agrees to hold his Bid valid for an additional stipulated length of time.

ITB-13 MULTIPLE BID/PROPOSAL SUBMITTALS

Any person, firm or corporation will not be permitted to make more than one Bid/Proposal for the product or service. If a person is a partner, officer or director of more than one firm interested in bidding for the product or services, only one of the firms may submit a Bid/Proposal.

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ITB-14 NON-COLLUSIVE BIDDING CERTIFICATION

In accordance with § 103-d of the General Municipal Law, by submission of this Bid/Proposal, 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:

a) 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;

b) Unless otherwise required by law, the prices which have been quoted in this bid/proposal have not been knowingly disclosed by the bidder/proposer and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

c) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not submit a bid for the purpose of restricting competition.

ITB-15 QUALIFICATIONS OF BIDDERS

A BIDDER'S QUALIFICATIONS STATEMENT IS REQUIRED. The forms attached hereto indicate all the information required. Each Bidder shall be responsible for submitting his current Disclosure Statement with his Bid/Proposal. The City retains the right to investigate, verify the information submitted in the

Disclosure Statement, and interview all bidders prior to award of the Contract. THE CITY HEREBY

RESERVES THE ASBOLUTE RIGHT TO REJECT ANY BID/PROPOSAL THAT DOES NOT

INLCUDE A DISCLOSURE STATEMENT.

ITB- 16 IDENTIFICATION LABEL

To properly expedite the receipt and processing of bids submitted, the following “Identification Label” must be affixed to the outer envelope of the sealed bid. Bids shall be delivered by U.S. Mail, public carrier (e.g.

UPS, FedEx), or by hand. THE CITY HEREBY RESERVES THE ASBOLUTE RIGHT TO REJECT ANY

BID THAT DOES NOT CONFORM TO THIS SECTION.

SEALED BID ENCLOSED

City of Long Beach

Purchasing Department

Bidder’s Name: ______________________________________________

Bid Number: CLB107-2025

Bid Name: Jet Skis with Trailers

Due Date: October 6, 2025

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SPECIFICATIONS

INTENT

It is the intent of this specification to provide for the purchase and delivery of two (2) jet skis with galvanized or aluminum jet ski trailers (“or approved equal”) for use by the City of Long Beach

Lifeguard Patrol, located at the City of Long Beach, 1 West Chester Street, Long Beach, New

York 11561.

EQUIVALENT PRODUCT

These specifications, with approved “Exceptions”, if any, shall become an integral portion of the successful bidder’s contract. Bidders may offer a product of the same capability, but of different manufacture and model than that specified in this bid. The use of the name of a manufacturer, brand, make or catalog designation in specifying items described herein does not restrict or preclude bidders from offering equivalent or better product bids. Such a designation is used only to indicate the character, quality and minimum performance desired. Equal or better product bids are permissible. A bidder submitting an equal or better product shall, at his own cost and expense, be responsible for submitting proof and/or a demonstration of equivalence, compatibility and performance. However, acceptance of an equivalent product shall be strictly at the discretion of the City. Any omission of the term “or equal” in any specific bid item listing should be disregarded by the bidder. All bidders shall have an absolute right to submit “equivalent” bids notwithstanding any other provision of the bid specifications.

GENERAL

Any additions, deletions or variations from the following specifications must be noted and explained in detail. If offering “or equal” bidder is to include manufacturer’s brochure and state model being offered. Those offered must be equals to those set forth. The City’s acceptance of the product as equal will be final. All variances, exceptions and/or deviations shall be fully described in the appropriate section.

The City of Long Beach reserves the right to reject any or all bids, to waive all formalities on same and to accept those bids which are to the best interest of the City of Long Beach.

MAINTENANCE/SERVICE MANUALS

Bidder shall provide two (2) sets of repair parts and service guarantees properly signed by an officer of the company to the effect that repair parts and service will be available for the usable lifetime of the system.

Bidder shall supply two (2) sets of part books or hard disc, maintenance manuals, and service manuals covering each complete unit.

Bidder must provide and state extended warranties/guarantees. Copy of manufacturer’s extended warranty shall be included with bid.

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GENERAL SPECIFICATIONS

Equipment: Two (2) 2025 Yamaha GP® HO with Trailers (“or approved equal”)

Hull & Deck

Color Torch Red

Rider Capacity 1 – 3 Persons

Dry Weight (lbs.) 710 lbs.

Length (in) 131.9”

Width (in) 43.8”

Height (in) 47.2

Fuel capacity (gal) 18.5 gal

Storage capacity (gal) 28.4 gal

NanoXcel 2 Ultra-light Hull Yes

NanoXcel 2 Ultra-light Deck Yes

Engine

Displacement 1898CC

Engine Type 4-cylinder, 4-stroke,

1.9 Liter High Output

Yamaha Marine

Engine

Pump Type 155mm High-Pressure

Fuel Type Recommended Regular Unleaded

Features

RIDE® by Yamaha Yes

Reverse RIDE® with T.D.E.

Factory Installed Integrated

Speakers with Bluetooth® and

Audio Control

Yes

Connext

4.3” Screen with

Security and Drive

Control

Touchpad Control Yes

Fuel Gauge Yes

Drive Control/Low RPM Mode Yes

Fuel Management Information Yes

Cruise Assist/No Wake Mode

TM

Yes

Touchpad Control Yes

Trim System Electric

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Performance Auto Trim Yes

Tilt Steering Yes

Seat Racing Inspired 2-piece

Molder in Cooler Storage in Bow Yes

Water Resistant Under Seat

Storage

Yes

Dual Mirrors Yes

Glove Box Yes

Reboarding Step Yes

Footwell Drains Yes

Multi-Mount System Yes (2)

Two-Tone Deck Mats Yes (Custom Cut)

Tow Hook Yes

Automatic Bilge Yes

MF Battery Yes

Jet Ski Trailers (2) galvanized or aluminum

Yes (2)

Type of Jet Ski Trailers:

VENDOR REQUIREMENTS

Vendor must be an authorized dealer for sales and services for a minimum of at least five (5) years.

DELIVERY AND TRAINING

Approximate delivery date shall be included in all bids.

Delivery: F.O.B. City of Long Beach. Please ensure that the bid pricing is all inclusive. No delivery charges will be accepted. The City will not contract or pay for any amounts above the bid pricing.

The successful contractor shall provide training to the City employees or other designees to be administered at the City’s facility.

TERM

The term of this contract will be a one (1) time purchase.

BIDS MUST BE ACCOMPANIED BY A BID BOND OR CERTIFIED CHECK IN THE

AMOUNT OF TEN PERCENT (10%) OF THE QUOTED PRICE

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GENERAL CONDITIONS

1. APPLICABILITY The terms and conditions set forth in this section entitled General Conditions are expressly incorporated in and applicable to the resulting procurement contracts let by the City of Long Beach where incorporated by reference in its Bid Documents. Captions are intended as descriptive and are not intended to limit or otherwise restrict the terms and conditions set forth herein.

2. GOVERNING LAW This procurement, the resulting contract and any purchase orders issued hereunder shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise, and actions or proceedings arising from the contract shall be heard in a court of competent jurisdiction in the State of New York.

3. NO ARBITRATION Disputes involving this procurement, the resulting contract, including the breach or alleged breach thereof, and any purchase orders issued hereunder may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

4. ETHICS COMPLIANCE All Bidders/Contractors and their employees must comply with the requirements of Section 18 of the Charter of the City of Long Beach, other New York State codes, rules, regulations and executive orders establishing ethical standards for the conduct of business with New York State. In signing the Bid, Bidder certifies full compliance with those provisions for any present or future dealings, transactions, sales, contracts, services, offers, relationships, etc., involving the City of Long Beach and/or its employees. Failure to comply with those provisions may result in disqualification from the Bidding process, termination of contract, and/or other civil or criminal proceedings as required by law.

5. CONFLICT OF TERMS Unless otherwise set forth in the procurement or contract documents, conflicts among documents shall be resolved in the following order of precedence:

(A) Contract and other writing(s) setting forth the final agreements, clarifications and terms between the Bid Documents and Contractor’s Bid. In the latter circumstance, clarifications must specifically note in writing what was offered by the Contractor and what was accepted by the City of Long Beach. If not, such clarifications shall be considered last in the order of precedence under this paragraph.

(1) General Conditions.

(2) Bid Specifications.

(3) Bid Documents.

(4) Contractor’s Bid.

6. DEFINITIONS

AWARD is the decision of the City to accept the Bid/Proposal of the lowest responsive, responsible Bidder/Contractor for the procurement included in these Bid Documents. An award letter will be issued by the City informing the Contractor that its bid was accepted.

BID DOCUMENTS Writings by the City setting forth the scope, terms, conditions and technical specifications for procurement. Such writings typically include, but are not limited to: Invitation for Bids (IFB), Request for Quotation (RFQ), Request for Proposals (RFP), addenda or amendments thereto, and terms and conditions contained therein or incorporated by reference.

BID OR PROPOSAL An offer or proposal submitted by a Bidder to furnish a described product or a solution, perform services or means of achieving a practical end, at a stated price for the stated Contract term. As required by the Bid Documents, the Bid or proposal may be subject to modification through the solicitation by the City of best and final offers during the evaluation process prior to recommendation for award of the Contract.

BIDDER/OFFERER Any individual or other legal entity (including but not limited to sole proprietor, partnership, limited liability company, firm or corporation) which submits a Bid in response to a Bid Solicitation. The term Bidder shall also include the term “offeror.” In the case of negotiated Contracts, “Bidder” shall refer to the “Contractor.”

BID SPECIFICATION A written description drafted by the City setting forth the specific terms of the intended procurement, which may include: physical or functional characteristics, the nature of a commodity or construction item, any description of the work to be performed, Products to be provided, PURCHASING@LONGBEACHNY.GOV • WWW.LONGBEACHNY.GOV the necessary qualifications of the Bidder, the capacity and capability of the Bidder to successfully carry out the proposed Contract, or the process for achieving specific results and/or anticipated outcomes or any other requirement necessary to perform work.

CONTRACT The writing(s) which contain the agreement of the City and the Bidder/Contractor setting forth the total legal obligation between the parties as determined by applicable rules of law.

CONTRACT DOCUMENTS consist of the Contract or Purchase Order made between the City and the Bidder/Contractor (hereinafter the Agreement), General Conditions, Bid Specifications, Bid Documents, including among others the Notice to Bidders, Instructions to Bidders, any Schedule of Bid Prices, any Addendum to Bid Documents issued prior to execution of the Contract, Bidder’s Qualification Statement, Bidder’s Proposal (including non-collusive bidding statement), contract or purchase order(s) issued, Insurance and Indemnity Certification, Bid Bond(s) (where required), Performance Bond(s), Materials & Labor Bond(s) (where required), or Maintenance Bond (where required), any New York State Department of Labor Wage Rate Schedule(s) (for public work or building services as defined by Articles 8 and 9 of the New York State Labor Law), any additional Documentation required for contract execution, any supplemental agreements issued during the course of the Contract, and/or Modifications issued after execution of the Contract.

A Modification is: (1) a written amendment to the Contract signed by both parties including but not limited to work change orders or changes to purchase orders.

COMPTROLLER Comptroller of the City of Long Beach.

CONTRACTOR Any successful Bidder(s) to whom a Contract has been awarded by the City.

DOCUMENTATION The complete set of manuals (e.g., user, installation, instruction or diagnostic manuals) in either hard or electronic copy, which are necessary to enable the City to properly test, install, operate and enjoy full use of the Product.

MULTIPLE AWARD A determination and award of a Contract in the discretion of the Purchasing Agent to more than one responsive and responsible Bidder who meets the requirements of a specification, where the multiple award is made on the grounds set forth in the Bid Document in order to satisfy multiple factors and needs of the City (e.g., complexity of items, various manufacturers, differences in performance required to accomplish or produce required end results, production and distribution facilities, price, compliance with delivery requirements, geographic location or other pertinent factors).

PRODUCT A deliverable under any Bid or Contract which may include commodities, services and/or technology, including software.

PURCHASING AGENT Purchasing Agent of the City of Long Beach or her authorized representative

PURCHASING DEPARTMENT shall mean the City of Long Beach Purchasing Department.

PURCHASE ORDER The City’s fiscal form or format that is used when making a purchase (e.g., Claim Form, formal written Purchase Order, electronic Purchase Order, or other authorized instrument).

SINGLE SOURCE A procurement where two or more Bidders can supply the required Product, and the Purchasing Agent may award the contract to one Bidder over the other.

SITE The location (street address) where Product will be executed or services delivered.

SOLE SOURCE A procurement where only one Bidder is capable of supplying the required Product.

SUBCONTRACTOR Any individual or other legal entity, (including but not limited to sole proprietor, partnership, limited liability company, firm or corporation) that has entered into a contract, express or implied, for the performance of a portion of a Contract with a Contractor.

CITY shall mean the City of Long Beach, Nassau County, New York.

CORPORATION COUNSEL City Attorney of the City of Long Beach.

CITY COUNCIL shall mean the council members

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duly elected by the residents of the City of Long Beach, Nassau County, New York.

BID SUBMISSION

7. BID OPENING Bids may, as applicable, be opened publicly. The Purchasing Agent reserves the right at any time to postpone or cancel a scheduled Bid opening.

8. BID SUBMISSION All Bids are to be packaged, sealed and submitted to the location stated in the Bid Specifications. Bidders are solely responsible for timely delivery of their Bids to the location set forth in the Bid Specifications prior to the stated Bid opening date/time.

A Bid return envelope, if provided with the Bid Specifications, should be used with the Bid sealed inside. If the Bid response does not fit into the envelope, the Bid envelope should be attached to the outside of the sealed box or package with the Bid inside. If using a commercial delivery company that requires use of their shipping package or envelope, Bidder’s sealed Bid, labeled as detailed below, should be placed within the shipper’s sealed envelope to ensure that the Bid is not prematurely opened.

All Bids must have a label on the outside of the package or shipping container outlining the following information:

“BID ENCLOSED (bold print, all capitals)

• Bid Name

• Bid Number

• Bid Submission date and time”

In the event that a Bidder fails to provide such information on the return Bid envelope or shipping material, the City reserves the right to open the shipping package or envelope to determine the proper Bid number or Bid Name, and the date and time of Bid opening. Bidder shall have no claim against the City arising from such opening and such opening shall not affect the validity of the Bid or the procurement.

Notwithstanding the City right to open a Bid to ascertain the foregoing information, Bidder assumes all risk of late delivery associated with the Bid not being identified, packaged or labeled in accordance with the foregoing requirements.

All Bids must be signed by a person authorized to commit the Bidder to the terms of the Bid Documents and the content of the Bid (offer).

9. LATE BIDS For purposes of Bid openings held and conducted by the Purchasing Agent, a Bid must be received in such place as may be designated in the Bid Documents or if no place is specified to the City of Long Beach, Purchasing Department, Room 509, One West Chester Street, Long Beach, New York 11561, at or before the date and time established in the Bid Specifications for the Bid opening.

Any Bid received at the specified location after the time specified will be considered a late Bid. A late Bid shall not be considered for award unless: (i) no timely Bids meeting the requirements of the Bid Documents are received or, (ii) in the case of a multiple award, an insufficient number of timely Bids were received to satisfy the multiple award; and acceptance of the late Bid is in the best interests of the City. Delays in United States mail deliveries or any other means of transmittal, including couriers or agents of the City shall not excuse late Bid submissions. Similar types of delays, including but not limited to, bad weather or security procedures for parking and building admittance shall not excuse late Bid submissions. Determinations relative to Bid timeliness shall be at the sole discretion of the Purchasing Agent.

10. BID CONTENTS Bids must be complete and legible. All Bids must be signed. All information required by the Bid Specifications must be supplied by the Bidder on the forms or in the format specified.

No alteration, erasure or addition is to be made to the Bid Documents. Changes may be ignored by the Purchasing Agent or may be grounds for rejection of the Bid. Changes, corrections and/or use of white-out in the Bid or Bidder’s response portion of the Bid Document must be initialed by an authorized representative of the Bidder. Bidders are cautioned to verify their Bids before submission, as amendments to Bids or requests for withdrawal of Bids received by the Purchasing Agent after the time specified for the Bid opening, may not be considered.

11. EXTRANEOUS TERMS Bids must conform to the terms set forth in the Bid Documents, as extraneous terms or material deviations (including additional, PURCHASING@LONGBEACHNY.GOV • WWW.LONGBEACHNY.GOV inconsistent, conflicting or alternative terms) may render the Bid non-responsive and may result in rejection of the Bid.

Extraneous term(s) submitted on standard, pre-printed forms (including but not limited to: product literature, order forms, license agreements, contracts or other documents) that are attached or referenced with submissions shall not be considered part of the Bid or resulting Contract, but shall be deemed included for informational or promotional purposes only.

No extraneous term(s), whether or not deemed “material,” shall be incorporated into a Contract or Purchase Order unless the City expressly accepts each such term(s) in writing. Acceptance and/or processing of the Bid shall not constitute such written acceptance of Extraneous Term(s).

12. CONFIDENTIAL/TRADE SECRET MATERIALS

Contractor confidential trade secret or proprietary materials as defined by the laws of the State of New York must be clearly marked and identified as such upon submission by the Bidder. Marking the Bid as “confidential” or “proprietary” on its face or in the document header or footer shall not be considered by the Purchasing Agent to be sufficient without specific justification as to why disclosure of particular information in the Bid would cause substantial injury to the competitive position of the Bidder.

Bidders/Contractors intending to seek an exemption from disclosure of these materials under the Freedom of Information Law must request the exemption in writing, setting forth the reasons for the claimed exemption. Acceptance of the claimed materials does not constitute a determination on the exemption request, which determination will be made in accordance with statutory procedures.

Properly identified information that has been designated confidential, trade secret, or proprietary by the Bidder will not be disclosed except as may be required by the Freedom of Information Law or other applicable State and federal laws.

13. RELEASE OF BID EVALUATION MATERIALS

Requests concerning the evaluation of Bids may be submitted under the Freedom of Information Law.

14. FREEDOM OF INFORMATION LAW During the evaluation process, the content of each Bid will be held in confidence and details of any Bid will not be revealed (except as may be required under the Freedom of Information Law or other State law). The Freedom of Information Law provides for an exemption from disclosure for trade secrets or information the disclosure of which would cause injury to the competitive position of commercial enterprises. This exception would be effective both during and after the evaluation process. If the Bid contains any such trade secret or other confidential or proprietary information, it must be accompanied in the Bid with a written request to the Purchasing Agent to not disclose such information. Such request must state with particularity the reasons why the information should not be available for disclosure and must be provided at the time of submission of the Bid. Notations in the header, footer or watermark of the Bid Document will not be considered sufficient to constitute a request for non-disclosure of trade secret or other confidential or proprietary information. Where a Freedom of Information request is made for trademark or other confidential or proprietary information, the Purchasing Agent reserves the right to determine upon written notice to the Bidder whether such information qualifies for the exemption for disclosure under the law. Notwithstanding the above, where a Bid tabulation is prepared and Bids publicly opened, such Bid tabulation shall be available upon request.

15. PREVAILING WAGE RATES - PUBLIC WORKS AND

BUILDING SERVICES CONTRACTS If any portion of work being Bid is subject to the prevailing wage rate provisions of the Labor Law, the following shall apply:

A. “Public Works” and “Building Services” - Definitions

i. Public Works Labor Law Article 8 applies to contracts for public improvement in which laborers, workers or mechanics are employed on a “public works” project (distinguished from public “procurement” or “service” contracts). The City, a public benefit corporation, a municipal corporation (including a school district), or a commission appointed by law must be a party to the Contract.

The wage and hours provision applies to any work performed by Contractor or Subcontractors.

ii. Building Services Labor Law Article 9 applies to Contracts for building service work over $1,500 with a public agency, that: (i) involve the care or maintenance of an existing building, or (ii) involve the transportation of office furniture or equipment to or from such building, or (iii) involve the transportation

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and delivery of fossil fuel to such building, and (iv) the principal purpose of which is to furnish services through use of building service employees.

B. Prevailing Wage Rate Applicable to Bid Submissions A copy of the applicable prevailing wage rates to be paid or provided are annexed to the Bid Documents. Bidders must submit Bids which are based upon the prevailing hourly wages, and supplements in cash or equivalent benefits (i.e., fringe benefits and any cash or non-cash compensation which are not wages, as defined by law) that equal or exceed the applicable prevailing wage rate(s) for the location where the work is to be performed. Bidders may not submit Bids based upon hourly wage rates and supplements below the applicable prevailing wage rates as established by the New York State Department of Labor. Bids that fail to comply with this requirement will be disqualified.

C. Wage Rate Payments / Changes During Contract Term. The wages to be paid under any resulting Contract shall not be less than the prevailing rate of wages and supplements as set forth by law. It is required that the Contractor keep informed of all changes in the Prevailing Wage Rates during the Contract term that apply to the classes of individuals supplied by the Contractor on any projects resulting from this Contract, subject to the provisions of the Labor Law. Contractor is solely liable for and must pay such required prevailing wage adjustments during the Contract term as required by law.

D. Public Posting and Certified Payroll Records In compliance with Article 8, Section 220 of the New York State Labor Law:

i. Posting The Contractor must publicly post on the work site, in a prominent and accessible place, a legible schedule of the prevailing wage rates and supplements.

ii. Payroll Records Contractors and Subcontractors must keep original payrolls or transcripts subscribed and affirmed as true under the penalties of perjury as required by law. For public works contracts over $25,000 where the Contractor maintains no regular place of business in New York State, such records must be kept at the work site. For building services contracts, such records must be kept at the work site while work is being performed.

iii. Submission of Certified Payroll Transcripts for Public Works Contracts Only Contractors and Subcontractors on public works projects must submit monthly payroll transcripts to the City that has prepared or directs the preparation of the plans and specifications for a public works project, as set forth in the Bid Specifications. Upon mutual agreement of the Contractor and the Authorized User, the form of submission may be submitted in a specified disk format acceptable to the Department of Labor provided: (1) the Contractor/Subcontractor retains the original records; and, (2) an original signed letter by a duly authorized individual of the Contractor or Subcontractor attesting to the truth and accuracy of the records accompanies the disk. This provision does not apply to Article 9 of the Labor Law building services contracts.

iv. Records Retention Contractors and Subcontractors must preserve such certified transcripts for a period of seven years from the date of completion of work on the awarded contract.

E. Day’s Labor Eight hours shall constitute a legal day's work for all classes of employees in this state except those engaged in farm and domestic service unless otherwise provided by law.

No laborers, workmen or mechanics in the employ of the Contractor, Subcontractor or other person doing or contracting to do all or part of the work contemplated by the Contract shall be permitted or required to work more than eight hours in any one calendar day or more than five calendar days in any one week except in cases of extraordinary emergency including fire, flood or danger to life or property.

“Extraordinary emergency” shall be deemed to include situations in which sufficient laborers, workers and mechanics cannot be employed to carry on public work expeditiously as a result of such restrictions upon the number of hours and days of labor and the immediate commencement or prosecution or completion without undue delay of the public work is necessary in the judgment of the New York State Commissioner of Labor for the preservation of the Contract site or for the protection of the life and limb of the persons using the Contract site.

16. APPRENTICESHIP TRAINING PROGRAMS PUBLIC

WORKS AND BUILDING SERVICES CONTRACTS

Any Bidder/Contractor entering into a Contract with the City for public work or building services, or any sub-contractor entering into a sub-contract with a Contractor who has a Contract with the City for public work or building services, shall submit verification that they have in-place or will participate in an apprenticeship training program appropriate for the type and nature of work to be performed which have been registered with and approved by the New York State Commission of Labor, pursuant to §816-b

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of the New York State Labor Law, any provision contained in §103 of the General Municipal Law to the Bidder/Contractor notwithstanding.

A sub-contractor entitled to receive less than $20,000 from a Bidder/Contractor sub-contract is exempt from the requirement set forth herein.

17. TAXES

A. Unless otherwise specified in the Bid Specifications or Contract, the quoted Bid price includes all taxes applicable to the transaction.

B. Purchases made by the City are exempt from New York State sales and excise taxes. These taxes are not to be included in Bids. This exemption does not, however, apply to tools, machinery, equipment or other property, sold or leased to the Contractor or a subcontractor, or to materials and supplies of a kind which will not be incorporated into the completed Product, and the Contractor and his subcontractors shall be responsible for and pay any and all applicable taxes including Sales and Compensating Use Taxes, on such leased tools, machinery, equipment or other property or on such unincorporated materials and supplies, and the provisions set forth below will not be applicable to such tools, machinery, equipment, property and unincorporated materials and supplies.

C. New York State Truck Mileage and Unemployment Insurance or Federal Social Security taxes remain the sole responsibility of the Bidder/Contractor, as no person, firm or corporation is exempt from paying them.

D. Pursuant to Revised Tax Law 5-a, Contractor will be required to furnish sales tax certification on its behalf and for its affiliates, and subcontractors for Contracts with a value greater than $100,000 in accordance with provisions of the law.

18. PRODUCT REFERENCES

A. Trade Customs There shall be no inferences to trade customs, terms, discounts or conditions on sale applicable, which are not specifically expressed in the specifications and proposals on which the award is based nor contrary to the State Finance Law.

B. “Or Equal” In all Bid Specifications the words “or equal” are understood to apply where a copyrighted, brand name, trade name, catalog reference, or patented Product is referenced. References to such specific Product are intended as descriptive, not restrictive, unless otherwise stated. Comparable Product will be considered if proof of compatibility is provided, including appropriate catalog excerpts, descriptive literature, specifications and test data, etc. The Purchasing Agent’s decision as to acceptance of the Product as equal shall be final.

C. Discrepancies in References In the event of a discrepancy between the model number referenced in the Bid Specifications and the written description of the Products which cannot be reconciled, with respect to such discrepancy, then the written description shall prevail.

19. REMANUFACTURED,_RECYCLED, RECYCLABLE OR

RECOVERED MATERIALS Upon the conditions specified in the Bid Specifications and in accordance with the laws of the State of New York, Contractors are encouraged to use recycled, recyclable or recovered materials in the manufacture of Products and packaging to the maximum extent practicable without jeopardizing the performance or intended end use of the Product or packaging unless such use is precluded due to health, welfare, safety requirements or in the Bid Specifications.

Contractors are further encouraged to offer remanufactured Products to the maximum extent practicable without jeopardizing the performance or intended end use of the Product and unless such use is precluded due to health, welfare, safety requirements or by the Bid Specifications. Where such use is not practical, suitable, or permitted by the Bid Specifications, Contractor shall deliver new materials in accordance with the “Warranties" set forth below.

Items with recycled, recyclable, recovered, refurbished or remanufactured content must be identified in the Bid or Bidder will be deemed to be offering new Product.

20. PRODUCTS MANUFACTURED IN PUBLIC

INSTITUTIONS Bids offering Products that are manufactured or produced in public institutions will be rejected.

21. PRICING

A. Unit Pricing If required by the Bid Specifications, the Bidder should insert the price per unit specified and the price extensions in decimals, not to exceed four places for each item unless otherwise specified, in the Bid. In the event of a discrepancy between the unit price and the extension, the unit price shall govern unless, in the sole judgment of the Purchasing Agent, such unit pricing is obviously erroneous.

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B. Net Pricing Unless otherwise required by the Bid Specifications, prices shall be net, including transportation, customs, tariff, delivery and other charges fully prepaid by the Contractor to the destination(s) indicated in the Bid Specifications, subject to the cash discount.

C. “No Charge” Bid When Bids are requested on a number of Products as a Group or Lot, a Bidder desiring to Bid “no charge” on a Product in the Group or Lot must clearly indicate such. Otherwise, such Bid may be considered incomplete and be rejected, in whole or in part, at the discretion of the Purchasing Agent.

D. Educational Pricing All Products to be supplied for educational purposes that are subject to educational discounts shall be identified in the Bid and such discounts shall be made available to qualifying institutions.

E. Third Party Financing If Product acquisitions are financed through any third party financing, Contractor may be required as a condition of Contract Award to agree to the terms and conditions of a “Consent & Acknowledgment Agreement” in a form acceptable to the City.

F. Best Pricing Offer During the Contract term, if substantially the same or a smaller quantity of a Product is sold by the Contractor outside of this Contract upon the same or similar terms and conditions as that of this Contract at a lower price to a federal, state or local governmental entity, the price under this Contract, at the discretion of the Purchasing Agent, shall be immediately reduced to the lower price. Price decreases shall take effect automatically during the Contract term and apply to Purchase Orders submitted on or after:

(i) GSA Changes: Where City Net Prices are based on an approved GSA Schedule, the date the approved GSA Schedule pricing decreases during the Contract term; or

(ii) Commercial Price List Reductions: Where City Net Prices are based on a discount from Contractor’s list prices, the date Contractor lowers its pricing to its customers generally or to similarly situated government customers during the Contract term; or

(iii) Special Offers/Promotions Generally: Where Contractor generally offers more advantageous special price promotions or special discount pricing to other customers during the Contract term for a similar quantity, and the maximum price or discount associated with such offer or promotion is better than the discount or Net Price otherwise available under this Contract, such better price or discount shall apply for similar quantity transactions under this Contract for the life of such general offer or promotion.

G. Best and Final Prices As specified in the Bid Documents and Contract, a Contractor may be solicited at the time of issuance of a Purchase Order award for best and final pricing for the Product or service to be delivered to the City. Contractors are encouraged to reduce their pricing upon receipt of such request.

22. DRAWINGS

A. Drawings Submitted With Bid When the Bid Specifications require the Bidder to furnish drawings and/or plans, such drawings and/or plans shall conform to the mandates of the Bid Documents and shall, when approved by the City, be considered a part of the Bid and of any resulting Contract. All symbols and other representations appearing on the drawings shall be considered a part of the drawing.

i. Standard Practices In performing the services required under the Bid Specifications/Contract, the Bidder/Contractor shall follow and adhere to the following standard City practices. The following practices may be supplemented or modified, in writing, by the City.

a. All work shall be in charge of an Engineer, Surveyor or Architect (as appropriate) duly licensed and registered in the State of New York, and experienced in the type of work to be performed for the City.

b. Any and all reports shall be of 8½" x 11" format with the 11" dimension being the vertical size. Cover and binding shall be as specified by the City. Oversize exhibits (if required) shall be foldouts or shall be contained within a "Pocket" bound into the report.

c. Any specifications shall: (i) Be of 8½" x 11" format;

(ii) Be printed, and color coded, in accordance with standard City practice; (d) Have a cover with content and format which shall conform to current City practices.

d. The word "plans" shall be synonymous with the words “drawings”. Any plans shall: (i) Have a title sheet conforming to current City practice; (ii) Be signed and sealed by an Engineer, Surveyor or Architect (as appropriate) duly licensed and registered in the State of New York on the title sheet;

(iii) Be ink on mylar, or be an accurate photographic mylar reproduction of any work originally done in pencil; (iv) Be of the following size:

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(a) 8½" x 11", or fold-out multiples thereof, if to be bound into the specifications book, subject to approval by the City.

(b) A minimum of 22" x 36" to a maximum of 36" x 48" to be approved by the City.

(c) CADD generated drawings shall be plotted on mylar reproducibles, and the CADD files shall be additionally provided to the City on disc in a format acceptable to the City.

e. Notwithstanding any of these provisions, the Bidder/Contractor shall, in all cases, conform to any special requirements of other government agencies where such conformity is a required condition for funding, grant approval, or submission/approval of applications and the like.

B. Ownership of Documents All completed original tracings and the original master specification sheets shall constitute the property of the City but may, during the course of the performance of the work required by the Bid Specification/Contract, remain in custody of the Contractor unless otherwise directed by the City.