RFB-355 MTGC Groundskeeping Products 2026-Final.pdf

Chemung County-City of Elmira Purchasing Department 150 Lake Street, P.O. Box 588

Elmira, NY 14901

PH: 607-737-3577 FX: 607-737-2073

Sealed Bids will be received in the CHEMUNG COUNTY – CITY OF ELMIRA PURCHASING DEPARTMENT, Third Floor, Room 308, 150 LAKE STREET, ELMIRA, NEW YORK until 1:45 P.M on October 14, 2025. Where the bid, will be publicly opened, read aloud, and broadcast via Teams at 2:00 P.M. on the date due. Login information to the Teams meeting can be found on the Purchasing website at:

https://chemungcountyny.gov/1387/10436/Purchasing-Calendar

This bid solicitation is on behalf of the City of Elmira. Bidders shall submit one (1) original and two (2) exact copies of the bid proposal IN A SEALED ENVELOPE ENTITLED:

RFB-355 MARK TWAIN GOLF COURSE GROUNDSKEEPING PRODUCTS FOR 2026

PLEASE TAKE NOTICE:

The Purchasing Department is closed between the hours 12:00 Noon to 1:00 P.M., The Purchasing Department receives one (1) mail delivery daily after 2:00 P.M.

Bids must be received in the Purchasing Department by 1:45 on the due date.

Faxed or electronic Bids will not be considered.

Each bid shall be accompanied by a deposit in the amount of $50.00 in the form of Certified Check, Bank Draft, or Bid Bond. Cash will not be acceptable as a deposit. Bid deposits of all unsuccessful bidders shall be returned promptly upon execution of the contract with the successful bidder. Checks shall be made payable to THE CITY

OF ELMIRA.

Attention of Bidders is particularly called to the requirements for ensuring that employees and applicants for employment are not discriminated against because of their age, race, creed, color, religion, sex, national origin, disability, marital status, military status, sexual orientation, predisposing genetic characteristics, familiar status or status as a victim of Domestic Violence.

The City encourages W-MBE participation.

Each Bidder submitting a Bid to the City shall execute and attach thereto, the Certification regarding Equal Employment Opportunity. Although the Bidder is not required to attach such Certification by proposed sub-contractors to his Bid, the Bidder is here advised of this requirement so that appropriate action can be taken to prevent subsequent delay in sub-contract awards.

Contract documents can be obtained on or after September 30, 2025, online at www.empirestatebidsystem.com.

Vendors must first register for either the free service or the paid service at that site. The paid service is not required to obtain our bids. After registration, click on Chemung County/City of Elmira from the list of participating agencies; click on the title of the bid or search the NIGP codes. Copies from any other source are not considered official copies. Only those proposers who obtain bidding documents from the Empire State Purchasing Group are guaranteed to receive addendum information, if such information is issued.

If you have obtained this document from a source other than the Empire State Purchasing Group, it is recommended that you obtain an official copy by registering with this service.

CITY OF ELMIRA

By:_____________________________________

P. Michael Collins Date City Manager Advertised in Star Gazette: September 30, 2025.

https://chemungcountyny.gov/1387/10436/Purchasing-Calendar http://www.empirestatebidsystem.comh/

***ATTENTION***

*** PURCHASING DEPARTMENT RELOCATION ***

Please be advised that the Chemung County Purchasing Department has relocated to the following address:

1• 150 Lake Street, Third Floor, Room 308, Elmira, NY

Instructions for Bid Drop-Offs and Bid Opening:

1. All physical bids must now be delivered to and bid openings will now be held on the 3rd floor at 150

Lake Street.

Please Note: Due to the current construction in our parking lot at 150 Lake Street, we would like to inform you that alternative parking options are available. You may park on Lake Street, Market Street, or enter the lot from Fox Street (subject to availability of parking).

2. Enter the building using the parking lot entrance (East Side of the building).

3. Use the Ring Doorbell to request access to the building.

4. Upon entering, take the west double door elevators located around the corner to the right.

5. Go to third floor and take left off elevator, proceed to Purchasing Department, first door on your left.

6. Bid openings will be held on Third Floor, Room 308 Contact Information:

For any questions or additional information, please contact the Purchasing Department:

• 607-333-4205 or 607-737-3577

Thank you for updating your records and for your attention to this change.

GENERAL INSTRUCTIONS TO BIDDERS

PREPARATION OF BIDS: Each person making a Bid:

1. Certifies that they have fully informed themselves of the contents of the Bidding Documents by their personal examination of the documents.

2. Certifies that they have not relied on any estimates, or any representations made by the City, its agents, servants, or employees with respect to the work to be performed or the material to be supplied under the Bidding Documents; and

3. Agrees that they will not make any claim against the City, its agents, servants, or employees, any claim based upon the lack of such information or the existence of such reliance.

The bidder shall submit one (1) original and two (2) exact copies of the completed Bid documents. Each set of

Bidding Documents should contain:

1. A Title Page (same as advertisement page)

2. The Advertisement for Bids

3. The Non-Collusive Bidding Certificate

4. The Waiver of Immunity

5. General Instructions to Bidders

6. General Specifications

7. Form for Submission of Bid

8. Bid Security

9. Certification Regarding Equal Employment Opportunity

10. Certification Regarding Iranian Divestment

11. Certification on Sexual Harassment

12. Corporate Resolution

Each person submitting a Bid shall set forth in the space provided at the end of the Form for Submission of Bid:

1. Name, title, and e-mail of person preparing bid

2. Business address, telephone and fax numbers of bidder

3. Signature

4. The name of the person, firm, or corporation on whose behalf the Bid is being made (if any)

5. The business address and telephone number of such person, firm, or corporation

6. The date

Each person submitting a Bid shall submit one (1) original and two (2) exact copies of the following completed and signed Bid document forms:

Non-Collusive Bidding Certificate Waiver of Immunity Certificate Regarding Equal Employment Opportunity Certificate Regarding Iranian Divestment Bidder’s Certificate on Sexual Harassment Form for Submission of Bid All Documentation Required by the Specifications

Each price shall be typewritten, or written in ink, in words and in figures. Labeled spaces are provided for this purpose in the Form for Submission of Bid. In the event that the price stated in words is not the same as the price stated in figures, the price stated in words shall be binding. All prices quoted shall exclude all Federal, State, and Municipal taxes.

Each Bid must be accompanied by an acceptable Bid Security in the amount of $50.00. Cash is not acceptable as such security. The security must be payable to the City of Elmira.

The security is to ensure that the Bidder, if successful, will:

1. Enter into a written Contract with the City, which contract will provide that the Bidder and the City are to perform according to the terms and conditions set forth in the Bidding Documents.

If the successful Bidder fails or omits to execute the Contract by 5:00 P.M. on the Monday following the award of the Contract by the City Council, the security shall be forfeited to the City. Bid securities of all successful bidders will be returned promptly after the execution of the contract.

Each bid shall be delivered to the CHEMUNG COUNTY – CITY OF ELMIRA PURCHASING DEPARTMENT, THIRD FLOOR, ROOM 308, 150 LAKE STREET, ELMIRA, NEW YORK 14901 between the hours of 9:00 A.M. and 12:00 Noon and 1:00 P.M. and 4:00 P.M., enclosed in an opaque, sealed envelope clearly labeled with the name of the bidder and the title of the proposal as taken from the title page of the bidding documents.

The Contract between the City and the successful bidder shall be deemed executory only to the extent of the monies actually appropriated and available for the purpose of the contract, and no liability on account therefore shall be incurred beyond the amount of such monies. It is understood that neither this contract nor any representation by any public employee or officer creates any legal or moral obligation to request, appropriate, or make available monies for the purpose of the contract.

Unauthorized Changes: If this document is found to be altered in any way by a bidder, it shall be cause for disqualification of the bidder from any contract resulting from this solicitation and/or any future solicitation by Chemung County or the City.

IRANIAN ENERGY SECTOR DIVESTMENT:

1. Contractor/Proposer hereby represents that said Contractor/Proposer is in compliance with New York State General Municipal Law Section 103-g entitled “Iranian Energy Sector Divestment”, in that said Contractor/Proposer has not:

a) Provided goods or services of $20 Million or more in the energy sector of Iran including but not limited to the provision of oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran; or

b) Acted as a financial institution and extended $20 Million or more in credit to another person for forty-five days or more, if that person’s intent was to use the credit to provide goods or services in the energy sector in Iran.

2. Any Contractor/Proposer who has undertaken any of the above and is identified on a list created pursuant to Section 165-a (3)(b) of the New York State Finance Law as a person engaging in investment activities in Iran, shall not be deemed a responsible bidder pursuant to Section 103 of the New York State General Municipal Law.

3. Except as otherwise specifically provided herein, every Contractor/Proposer submitting a bid/proposal in response to this Request for Bids/Request for Proposals must certify and affirm the following under penalties of perjury:

(a) “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 NYS Finance Law Section 165-a (3) (b).

(b) ”The City of Elmira will accept this statement electronically in accordance with the provisions of Section 103 of the General Municipal Law.

4. Except as otherwise specifically provided herein, any Bid/Proposal that is submitted without having complied with subdivision (a) above, shall not be considered for award. In any case where the Bidder/Proposer cannot make the certification as set forth in subdivision (a) above, the Bidder/Proposer shall so state and shall furnish with the bid a signed statement setting forth in detail the reasons, therefore. The City reserves its rights, in accordance with General Municipal Law Section 103-g to award the Bid/Proposal to any Bidder/Proposer who cannot make the certification, on a case-by-case basis under the following circumstances:

1. The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012, and the Bidder/Proposer has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

2. The City of Elmira has made a determination that the goods or services are necessary for the City to perform its functions and that, absent such an exemption, the City of Elmira would be unable to obtain the goods or services for which the Bid/Proposal is offered. Such determination shall be made by the City in writing and shall be a public document.

NEW YORK STATE SEXUAL HARASSMENT LAWS

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 the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the NYS labor law. A model policy and training has been created by the NYS Department of Labor and can be found here: https://www.ny.gov/programs/combating-sexual-harassment-workplace.

https://www.ny.gov/programs/combating-sexual-harassment-workplace https://www.ny.gov/programs/combating-sexual-harassment-workplace

BID OPENING AND AWARD: All Bids will be opened and read at the time and place specified in the Advertisement for Bids. The City Manager may, in his discretion:

1. Permit a Bidder to withdraw his bid, if a written request to withdraw the bid is received by the City Manager prior to the time set for the Bid Opening; or

2. Reject any Bid which lacks prices on all items included in the proposal, or which in any other way is incomplete.

3. Require the apparent low bidder(s) to furnish evidence, including documentary evidence where deemed necessary, to establish proof of financial responsibility and ability to perform the contract, if awarded.

THE CITY OF ELMIRA RESERVES THE RIGHT:

1. To reject any and all Bids if in its opinion the best interest of the City will be promoted thereby.

2. Where the Form for Submission of Bid invites prices on more than one item, to consider the prices upon the various items as separable bids, and to award to any responsible bidder only those items for which it has submitted the lowest responsive bid.

3. To conduct investigations as to the qualifications and financial position of the apparent low bidder(s), to the fullest extent allowed by law. The City, in its sole discretion, shall determine the financial and professional adequacy of bidder(s).

4. To require evidence of professional and financial competency from the bidders submitting the three lowest responsive bids. Such evidence may include, but is not limited to, the following:

a) Proof of the required number of qualifying years of business experience and/or number of projects supplying and delivering the contract items.

b) Key personnel that would manage the supply and delivery of the contract items and be available to manage the City’s account.

c) A sworn statement as to whether the bidder has ever failed to complete a contract or defaulted on a contract, whether the bidder has ever had a claim(s) submitted on any performance bond, payment bond, or supply bond posted by the bidder, and whether there are any recorded judgements against the bidder or any predecessor of the bidder within the last seven (7) years.

d) The corporate name and address of the bidder’s principal business office for each of the last five (5) years.

e) A confidential statement or report of the bidder’s financial resources and liabilities for the last three (3) calendar or fiscal years immediately preceding the current year. At the time of submitting such financial statements or reports, the bidder shall further certify whether his financial responsibility is approximately the same as stated in his financial statement(s). If the bidder’s financial responsibility has changed, the bidder shall qualify the financial statement or report to reflect his (bidder’s) true financial condition at the time such qualified statement or report is submitted to the City.

f) A statement of all bonding companies used during the last five (5) years.

BID ACCEPTANCE AND AWARD; CONTRACT EXECUTION, PROGRESS, AND PAYMENT:

1. Bid acceptance and award to the lowest responsible Bidder by the City Council will be made as soon as practicable after the Bid Opening. The lowest bid shall be determined on the basis of the Base Bid or the Base Bid plus all options, if any, selected by the City.

a) Apprenticeship Programs: If the City receives identical bids from two or more bidders, the City will give preference to the bidder, if any, participating in one or more New York State Certified Apprenticeship Programs.

2. Following the award by the City Council, a contract providing that the bidder and the City are to perform according to the terms, conditions, and specifications set forth in the Bidding Documents will be prepared by the Corporation Counsel for execution by both parties on or before 5:00 P.M. on the Monday following the award.

3. The successful bidder's failure or refusal to execute the contract will cause the bid security to be forfeited to the City.

4. Payment by the City will be made in the manner set forth in the specifications portion of the Bidding

Documents. (Reference Specifications: Section A. General Conditions: Sub-Section 7. Payment, below)

5. All bidders shall please take note that the City is a municipal corporation and exempt from all sales tax.

6. The City reserves the right to reject any and all bids and to waive technicalities.

7. Anytime a specification refers to a specific brand name, model, material, etc., it means that item or an item equal thereto.

8. Pre-payments: Pre-payments may be made at the sole discretion of the City and in amounts equal only to the amount then due and owing to subcontractors.

9. Non-Contract Materials: Any materials not provided for in the awarded contract or written change order thereto is excluded from this contract, and the City shall not be liable to the contractor for any cost, expense, or disbursement incurred by the contractor under the terms of this contract for such materials.

10. In carrying out any of the contract provisions or in exercising any power of authority granted to any City representative by this contract, there shall be no liability upon such City representatives, either personally or as an officer or representative of the City. It is understood and agreed that in all such matters, said City representatives act solely as agents and representatives of the City.

11. The City shall not be liable to the contractor for any cost, expense, or disbursement incurred by the

Contractor for the supply of any non-bid items or services, unless an official City Purchase Order is issued to the contractor for such items or services.

12. It is specifically agreed by and between the parties hereto, that no provisions of this contract are intended to create any third-party beneficiary, (including any third-party status in any subcontractor) nor to authorize anyone not a party to the contract to maintain a suit for personal injury or property damage under the terms or provisions of this contract.

13. Default and Termination of Contract: The contractor shall be considered in default of his contract and such default will be considered as cause for the City to terminate the contract for any of the following reasons:

a) Fails to comply with any term or condition of the contract,

b) Fails to provide contract materials, supplies, or services (including delivery time) compliant with the specifications.

c) Supplies unsuitable materials/goods or neglects or refuses to remove materials/goods or to deliver anew such materials/goods as may be rejected as unacceptable and unsuitable,

d) Discontinues the delivery of material/goods,

e) Becomes insolvent, voluntarily or involuntarily files for bankruptcy, or commits any act of bankruptcy or insolvency,

f) Allows any final judgment to stand against him unsatisfied for a period of ten (10) days or more,

g) Makes an assignment for the benefit of creditors,

h) Fails to timely pay employees, subcontractors, and or suppliers of materials or purchased services, or

i) For any cause whatsoever, fails to provide the materials in an acceptable manner.

Should the City deem the contractor in default of the contract for any reason, it shall give written notice to the contractor and the contractor's surety as to the reasons for considering the contractor in default and the City’s intentions to terminate the contract.

If the City terminates the contract, the City may appropriate or use any or all materials or goods that have been delivered and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof or use such other methods as in the opinion of the City will be required for the completion of said contract in an acceptable manner.

All costs and charges incurred by the City, together with the cost of procuring materials, goods, or supplies covered under the contract, will be deducted from any monies due or which may become due to the contractor.

If such expense exceeds the sum which would have been payable under the contract, then the contractor and the surety will be liable and shall pay to the City the amount of such excess.

14. Authorized Users: All municipal and not for profit organizations authorized under the General Municipal Laws of the State of New York may purchase any goods and/or services awarded as a result of this bid in accordance with the latest amendments to NYS GML 100 through 104. However, it is understood the use of such contracts are at the discretion of the vendor and the vendor is bound only to any contract between the City of Elmira and the vendor. The City takes no responsibility whatsoever for any contract between another government entity or agency and the vendor as a result of this bid. Additionally, the City reserves the right to purchase any goods and/or services included as a part of the bid from any means legally available to it at any time.

OBLIGATIONS OF SUCCESSFUL BIDDER: Each Bidder agrees, if awarded the Contract:

1. Assignment: Not to assign or sublet the contract without previous written permission from the City.

2. Compliance with law: To comply with and fulfill all laws, orders, ordinances, rules and requirements of Federal, State, City, County or other political subdivisions and of any other department, bureau of governmental authority, all OSHA and New York State Labor rules, regulations and statutes. The City of Elmira is a Municipal Separate Storm Sewer System (MS4) entity and its MS4 operators and third-party entities are required to meet the storm water discharge regulations of its Storm Water Management Plan (SWMP). The bidder is advised that it is unlawful for any person to directly or indirectly cause or contribute to a violation of water quality standards.

3. To furnish all materials in strict accordance with the Bidding Documents unless written orders, describing a specific deviation from the Bidding Documents, shall previously have been issued by the City Manager; and

4. The City Manager shall determine whether or not the contract performance is in accordance with the Bidding Documents.

Note: Each Bidder should be sure to check the specification portion of the Bidding Documents for additional information relating to the preparation of Bid, the Bid Opening and Award, and the obligations of the successful bidder.

5. Contractor's insurance: The Contractor shall not commence work under this Contract until he has obtained all insurance required under this paragraph and such insurance(s) have been filed with and approved by the Corporation Counsel, nor shall the Contractor allow any sub-contractor to commence work on his sub-contract until such sub-contractor has been approved by the City or its agents, and all similar insurance required of the sub-contractor has been so obtained and approved. The required insurance coverage shall remain in force during the entire contract term and any extensions thereof. The required insurance coverage is as follows:

(a) The contractor shall save and hold the City harmless from and against all liability, claims and demands on account of personal injuries, bodily injuries and death (including, without limitation of the foregoing Workmen's Compensation) or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with, the performance of this contract, regardless of whether such injury, loss or damage shall be caused by, or claim to be caused by, the negligence or other fault of the contractor, or of a sub-contractor, or of some other person; or by any agents or employees of any of the foregoing; or by accident; or otherwise.

(b) The contractor shall, at his own expense, investigate all such claims and demands, attend to their settlement or other disposition, defend all action based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands and actions.

SPECIFICATIONS:

RFB-355 MARK TWAIN GOLF COURSE GROUNDSKEEPING PRODUCTS FOR 2026

A. GENERAL CONDITIONS

1. Intent: To provide specified (listed on “Form for Submission of Bid”) grounds keeping products to the Mark

Twain Golf Course for the 2026 season on a continuing demand basis. It is expected the products will be ordered once during the season; however, additional quantities may be needed.

2. Price: The bid prices submitted shall be inclusive of all delivery required and shall remain in effect for the full term of this agreement.

3. Term of Contract: The term of this contract shall be from the date of contract execution through September 30, 2026.

This contract may be extended for an additional year if it is mutually agreed upon by the City of Elmira and the Contractor in writing.

4. Quantities: Quantities listed on the “Form for Submission of Bid” are estimates based on order history only and should not be construed to represent either minimum or maximum quantities. The City makes no guarantees as to minimum purchases.

5. Award: It is the City's intent to award the contract to the responsible vendor submitting the lowest responsive bid for each product.

When there is a discrepancy between unit price and total price, unit price shall prevail.

6. Specification Discrepancy: Should a discrepancy be found in, or omissions from the specifications, requirements for contract, or bid proposal form, or should the bidder be in doubt as to their meaning, they shall at once, no later than seven (7) days prior to submission of Proposal, notify the Purchasing Department in writing at purchaing@chemungcountyny.gov who will send written Addenda to all bidders where necessary. The City of Elmira will not be responsible for any oral instructions.

7. Payment will be remitted within forty-five (45) days of delivery and City acceptance of orders or receipt of vendor invoice, whichever is later.

mailto:purchaing@chemungcountyny.gov

RFB-355 MARK TWAIN GOLF COURSE GROUNDS KEEPING PRODUCTS FOR 2026

FORM FOR SUBMISSION OF BID

The undersigned hereby declares that they have carefully examined all bid documents and all interpretations of any addenda to the Bid Documents and is satisfied as to all the quantities and conditions and understands that in signing this Bid, they waive all rights to plead any misunderstanding regarding the same.

Pursuant to and in compliance with the Bid Documents, the Bidder hereby offers to furnish all equipment and whatever else is necessary or proper for, or incidental to, the completion of this Contract, as required by and in strict compliance with the applicable provisions of all contract documents, for the following bid prices:

CHEMUNG COUNTY-CITY OF ELMIRA PURCHASING DEPARTMENT

Item # Product Description Est Qty. UOM Unit Price Bid Price in figures Total Cost in words

FUNGICIDES

1 26GT 4 2.5 gal

2 Affirm 9 2.4 lbs

3 Briskway 1 1 gal

4 Chlorothalonil 4 2.5 gal

5 Daconil Action (agency) 4 2.5 gal

6 Densicor 2 51 oz

7 Exteris 2 2.5 gal

8 Harrell’s Azoxy (Or Equivalent) 3 1 gal

9 Harrell’s Fluazinam (Or Equivalent) 2 2.5 gal jug

10 Harrell’s Tebuconazole (Or Equivalent) 2 2.5 gal jug

11 Insignia SC 2 1 Gal.

12 Instrata 4 2.5 gal

13 Interface (agency) 3 2.5 gal

14 Medallion SC 2 1 gal

15 Mirage 6 2.5 gal

16 Posterity 2 105 oz

17 Posterity XT 1 2.5 gal

18 Prothyioconazole 2 64 oz.

bottles

FORM FOR SUBMISSION OF BID CONTINUED ON NEXT PAGE

19 Resilia 2 2.5 gal jug

20 Secure Action (agency) 4 2.5 gal

21 Tartan (agency) 4 2.5 gal

22 Xzemplar 2 114 oz

INSECTICIDES

1 Acelepryn 2 64oz jug

2 Bifenthrin 5 1 gal

3 Carbaryl 2 2.5 gal

4 Durentis 2 64oz jug

5 Ference (agency) 1.0 96 oz

6 Imidacloprid 5 1 gal

7 MatchPoint 1 64oz jug

8 Scimitar 9 1 qt

9 Triple Crown 2 1 gal

HERBICIDES

1 Dimension 2EW (no generic bids) 5 2.5 gal

2 Quicksilver 4 8 oz

3 Sureguard 1 64oz jug

4 Triclopyr 2 2.5 gal jug

5 Trimex Bentgrass Formula (no generic bids) 8 2.5 gal

6 Triplet 10 2.5 gal

GROWTH REGULATORS

1 Legacy 2 2.5 gal

2 Primo Maxx (No generic formula accepted) 13 1 gal

3 Proxy (No generic formula accepted) 5.0 2.5 gal

CHEMUNG COUNTY-CITY OF ELMIRA PURCHASING DEPARTMENT

Item# Product Description Est. Qty UOM Unit Price Bid Price In Figures Total Cost in Words

FERTILIZERS

1 Amino Pro V (No Equivalents) 7 2.5 gal jug

2 First Amino (3-1-2) 12 2.5 gal.

jugs

3 First Amino (6-2-3) 14 2.5 gal jugs

4 First Cal 6 2.5 gal jug

5 First Mag 7 2.5 gal Jugs

6 First Man 6 2.5 gal jugs

7 First Micros 7 2.5 gal jug

8 First Phyte (0-0-29) 14 2.5 gal jug

9 Harrell’s Azo-Root (No Equivalents) 2 200fl oz

10 Harrell’s Cal Plus (No Equivalents) 14 2.5 gal jug

11 Harrell’s Earthmax (No Equvalents) 14 2.5 gal jug

12 Harrell’s IronMn Mg (No Equivalents) 14 2.5 gal jug

13 Harrell’s Magnesium (No Equivalents) 7 2.5 gal jug

14 Harrell’s Manganese (No Equivalents) 7 2.5 gal jug

15 Harrell’s Minors (No Equivalents) 7 2.5 gal jug

16 Harrell’s Mycorrhizae Pro (No Equivalents)

17 Harrell’s Salt Rx (No Equivalents) 6 2.5 gal jug

18 Harrell’s Seaweed A&E (No Equivalents) 7 2.5 gal jug

19 Harrell’s Title Phyte (No Equivalents) 14 2.5 gal jug

20 Iron Sulfate 3 bags 50 lb Bags

21 Uflexx 46-0-0 (no generic) 80 bags 50 lb Bags

22 Verde Cal G Greens Grade 35 bags 50 lb Bags

WETTING AGENTS

1 Oars PS 6 2.5 gal Jug

2 Excalibur 5 2.5 gal

3 Aqua Aid PBS 150 32 2.5 gal jug

4 Topsail 8 2.5 gal jug

5 Hydro 90 34 2.5 gal jug

MISCELLANEOUS

1 Defoamer 16 1 qt

Foamer

(NOTE: LESCO brand foamer will NOT be accepted)

2 1 gal

3 PH Buffer 12 1 gal

FORM FOR SUBMISSION OF BID

Accompanying this proposal is a bid security in the amount of $50.00, which shall become the property of the Owner if, in case this proposal shall be accepted by the Owner, the undersigned shall fail to execute an agreement to the Owner within ten business days after the date of notification of acceptance.

If written notice of the acceptance of this Bid/Proposal is delivered to the undersigned within forty-five days after the day of opening of the bids/proposals or after expiration of such forty-five days and prior to the withdrawal of the bid/proposal by the undersigned, the undersigned will, within ten (10) business days after the date of such delivery, execute and deliver the Contract in the form of the Agreement attached hereto, or in a special Contract form that may be drawn up in accordance with the Corporation Counsel’s requirements.

In the event that addenda are issued, the undersigned hereby acknowledges the receipt of same and agrees that they are bound by all addenda, whether or not listed herein:

Addendum # Addendum # Addendum #

BID DEPOSIT: _____________________________________________________________________________

NAME AND TITLE OF PERSON PREPARING BID E-MAIL

BUSINESS ADDRESS AND TELEPHONE, AND FAX NUMBERS OF PERSON PREPARING BID

SIGNATURE OF PERSON PREPARING BID DATE

NAME OF PERSON, FIRM, OR CORPORATION ON WHOSE BEHALF BID IS BEING MADE

END OF SECTION

NON-COLLUSIVE AFFIDAVIT

STATE OF )

COUNTY OF )

Being first duly sworn deposes and says that:

(1) He is (owner, partner, officer, representative, or agent) of , the bidder that has submitted the attached Bid.

(2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

(3) Such Bid is genuine and is not a collusive or sham bid;

(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, agreed, directly or indirectly, with any other Bidder, firm or person, to submit a collusive or sham bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Local Public Agency or any person interested in the proposed Contract; and

(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

(Signed)

Subscribed and sworn to before me This day of , 20___.

My Commission expires:

WAIVER OF IMMUNITY

The Contractor and/or Vendor and/or Supplier hereby agrees to the provisions of 103 and 103-a and 103-b of the General Municipal Law which requires that upon the refusal of a person, when called before a Grand Jury, head of a State Department, temporary State Commission or other State Agency, head of a City Department, or other City Agency, which is empowered to compel the attendance of witnesses and examine them under oath, to testify concerning any transaction or contract had with the State, and Political Sub-division thereof, a Public Authority or with any Public Department, Agency or Official of the State or of any Political sub-division thereof or of a Public Authority, or to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction:

(a) Such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any Municipal Corporation or any Public Department, Agency or Official thereof, for goods, work, or services, for a period of five years after such refusal; and

(b) Any and all contracts made with any Municipal Corporation or any Public Department, Agency or Official thereof, since the effective date of this law by such person, and by any Firm, Partnership or Corporation of which he is a Member, Partner, Director, or Officer may be canceled or terminated by the Municipal Corporation without incurring any penalty or damages on account of such cancellation or termination but any monies owing by the Municipal Corporation for goods delivered or work done prior to the cancellation or termination shall be paid.

(Signature)

EQUAL EMPLOYMENT OPPORTUNITY: During the performance of this Contract, the Contractor agrees as follows:

(1) The Contractor will not discriminate against any employee or applicant for employment because of age, race, creed, color, religion, sex, sexual orientation, national origin, disability, marital status, or military status.

The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their age, race, creed, color, religion, sex, sexual orientation, national origin, disability, marital status, or military status. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race age, race, creed, color, religion, sex, sexual orientation, national origin, disability, marital status, or military status.

(3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union of worker's representatives of the Contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(6) In the event of the Contractor's non-compliance with the non-discrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government Contracts or Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every sub-contract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each sub-contractor or vendor. The Contractor will take such action with respect to any sub-contract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for non-compliance Provided, however, that in the event a Contractor become involved in, or is threatened with, litigation with a sub-contractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to protect the interest of the United States.

CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY: This certification is required pursuant to Executive Order 11246 (30F.R.1231925). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed sub-contractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or sub-contract subject to the Equal Opportunity Clause; and if so, whether it has filed all compliance reports due under applicable instructions.

Where the certification indicated that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven (7) calendar days after bid opening. No contract shall be awarded unless such report is submitted.

CERTIFICATION OF BIDDER:

Bidder's Name:

Address and Zip Code:

1. Has bidder participated in a previous contract or sub-contract subject to the Equal Opportunity Clause?

Yes ___No ___ If yes, identify the most recent contract:

2. Were compliance reports required to be filed in connection with such contract or sub-contract?

Yes ___ No ____

2. a. Has bidder filed all compliance reports due under applicable instructions?

Yes ____No____ None Required____

3. If answer to Item 2.a is "No", please explain in detail.

CERTIFICATION: The information above is true and complete to the best of my knowledge and belief.

Signature Date Name & Title Typed

IRANIAN ENERGY DIVESTMENT CERTIFICATION

Pursuant to Section 103-g Of the New York State

General Municipal Law

A. By submission of this bid/proposal, each bidder/proposer and each person signing on behalf of any bidder/proposer 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 New York State Finance Law.

B. A Bid/Proposal shall not be considered for award, nor shall any award be made where the condition set forth in Paragraph A above has not been complied with; provided, however, that in any case the bidder/proposer cannot make the foregoing certification set forth in Paragraph A above, the bidder/proposer shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons, therefore. Where Paragraph A above cannot be complied with, the Purchasing Unit to the political subdivision, public department, agency or official thereof to which the bid/proposal is made, or his designee, may award a bid/proposal, on a case by case business under the following circumstances:

1. The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012, and the Bidder/Proposer has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

2. The political subdivision makes a determination that the goods or services are necessary for the political subdivision to perform its functions and that, absent such an exemption, the political subdivision would be unable to obtain the goods or services for which the contract is offered.

Such determination shall be made in writing and shall be a public document.

Signature

Title

Date Company Name

PROPOSER’S STATEMENT ON SEXUAL HARASSMENT

IN ACCORDANCE WITH NEW YORK STATE FINANCE LAW §139-l

In accordance with State Finance Law §139-l, which generally prohibits the City of Elmira from entering into contracts pursuant to the bid/proposal process with persons who fail to submit a certification affirming compliance with New York Labor Law §201-g, the bidder/proposer submits the following certification under the penalty of perjury:

By submission of this bid/proposal, each bidder/proposer and each person signing on behalf of any bidder/proposer certifies, and in the case of a joint bid/proposal each party thereto certifies as to its own organization, under penalty of perjury, that the bidder/proposer has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of Section 201-g of the Labor Law.

, New York

Dated: , 20

Name of Bidder/Proposer Signature of Authorized Official

Printed or Typed Name of Official and Title

Sworn to before me this day of _______ _, 20______

CITY OF ELMIRA, NEW YORK - NOTICE OF AWARD

Date: , 20

Issued to:

Bid:

PER ELMIRA CITY COUNCIL RESOLUTION NUMBER 2023 -

The City of Elmira has considered and accepted the Bid submitted by you in response to its Advertisement for Bids dated , 20 and Information for Bidders

You are required to return an acknowledged copy of this NOTICE OF AWARD to the City within days of this notice.

You are required to execute the Agreement within ten (10) calendar days from the date of this Notice to you.

If you fail to execute said Agreement within ten (10) calendar days from the date of this Notice, the City will be entitled to consider all your rights arising out of the City’s acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The City will be entitled to such other rights as may be granted by law.

DATED the day of , 20 .

City of Elmira, New York

By:

Typed Name Title:

**** ACCEPTANCE OF NOTICE OF AWARD ****

Receipt of the NOTICE OF AWARD is hereby acknowledged.

By:

Typed Name and Title Signature

For:

Organization

This the day of , 20 .

PROPOSER’S STATEMENT ON SEXUAL HARASSMENT