Bromine for the Department of Public Works (Parks)

Agency:	City of Buffalo
State:	New York
Type of Government:	State & Local
Category:	Z - Maintenance, Repair or Alteration of Real Property
Posted:	Jan 9, 2024
Due:	Jan 23, 2024
Publication URL:	To access bid details, please log in.

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CITY OF BUFFALO

NEW YORK

DEPARTMENT OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS

DIVISION OF PURCHASE

65 NIAGARA SQUARE, ROOM 1901 CITY HALL

BUFFALO, NY 14202

PHONE (716) 851-5222 FAX (716) 851-5231

SPECIFICATIONS

FOR

BROMINE

FOR THE

DEPARTMENT OF PUBLIC WORKS (PARKS)

DATE ISSUED: JANUARY 9, 2024

BID OPENING: JANUARY 23, 2024

AT 11:30 A.M.

LAURA MORRISON

CITY OF BUFFALO

DEPARTMENT OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS

DIVISION OF PURCHASE

65 NIAGARA SQUARE, ROOM 1901 CITY HALL, BUFFALO NY 14202

PHONE (716) 851-5222, FAX (716) 851-5231

REGULATIONS

FOR ENTERING FORMAL PROPOSALS FOR MATERIALS, SUPPLIES, EQUIPMENT, AND;

SERVICES

1. METHOD OF TENDERING PROPOSALS.

(A) ALL BIDDERS MUST TENDER THEIR PROPOSAL ON THE FORM FURNISHED WITH

THESE SPECIFICATIONS and shall execute the form in ink or typewriter, without alteration or additions

of any kind. Except for catalogs or other descriptive literature specified or requested, ANY LETTERS OR

OTHER PAPERS ATTACHED TO PROPOSALS OR SUBMITTED UNDER SEPARATE COVER

CONTAINING CONTINGENT CLAUSES OR MODIFICATIONS TO THESE SPECIFICATIONS

WILL NOT BE ACCEPTED. Any deviation or minor points of variance shall be specifically shown and

stated in the space provided on the bid sheet or on a separate sheet of paper, and only those deviations or

minor variations contemplated or permitted thereby will be considered.

(B) No person, co-partnership, or corporation, shall submit more than one proposal, either directly or by

agent. Each bidder shall sign said proposal with his/her full name, in his/her own handwriting, and, if a

partnership, each partner must sign; if a corporation, the corporate name shall be signed, and signed and

acknowledged by a duly authorized officer thereof.

$250,000.00. If the total dollar amount of the bid exceeds $250,000.00, then only a bid bond is acceptable,

otherwise, a certified check, bank draft or letter of credit shall be for ten percent (10%) of the amount bid.

Bid bond running to the City of Buffalo to be executed by bidder as principal and by duly incorporated

company authorized to guarantee performance of the contract, and to do business in the State of New York,

as surety, in the penal amount of not less than ten percent (10%) of the bid, conditioned that if the bid

accompanying the bond shall be accepted, the principal named in such bond will, whenever required, enter

into a written contract for the performance of the contract in accordance with conditions as provided in the

plans and specifications and will furnish the required security for the faithful performance of the contract

as specified, and the penal sum of such bid bond, in the amount of one hundred percent (100%) shall be

and become the minimum amount of the damages suffered by the City as liquidated damages, if the bidder

whose bid is accepted shall fail to enter into a contract with the City and give security for the performance

of the contract as required, upon notice to him as in said plans and specifications prescribed. The amount

of the aforementioned bid bond, certified check, bank draft or letter of credit, shall be based on the total

amount of the bid arrived at by the addition of the totals for all groups or units bid upon. Whenever bidder

submit proposals for items aggregating less than $20,000.00, no security need accompany the proposal.

(D) “Energy Star”

For all applicable products bidders must submit with their bid a statement indicating that all products

purchased will bear the “Energy Star” label as awarded by the U. S. Environmental Protection Agency and

U. S. Department of Energy.

(E) If bidder finds it necessary to purchase a product that does not bear the “Energy Star” label the

bidder or the respective Department or Agency must include a written statement indicating the reason

“Energy Star” products cannot be used, and a comparison of the initial and operating cost differential during

the useful life of the “Energy Star” rated product and the non-rated product.

(F) All bidders must submit with their bid a statement indicating that they will work toward a

minority workforce goal of 25%, and woman workforce goal of 5%. In addition, a statement must

be submitted indicating that the bidder will work toward a business utilization goal for minority

business enterprise of 25% and woman business enterprise of 5%.

Forms EEO-2A and EEO-2B are enclosed and must be completed and returned with your

proposal.

2. QUALIFICATIONS FOR BIDDER.

Ordinarily, proposals are not considered from bidders on supplies, material or equipment, if the

bidder or manufacturer of same is in bankruptcy, or in the hands of a receiver at the time of tendering a

proposal or at the time of entering into a contract, but the Director of Purchase reserves the right to accept

or reject such proposals in the best interest of the City. No bid shall be accepted from any person or

corporation that is in arrears to the City upon any debt or contract.

FOR THE PURPOSE OF THIS BID, A PERFORMANCE BOND WILL NOT BE REQUIRED

WHEN ENTERING INTO A CONTRACT.

BID SURETY (BID BOND, CERTIFIED CHECK, BANK DRAFT OR IRREVOCABLE LETTER

OF CREDIT) FOR 10% OF TOTAL AMOUNT IS REQUIRED WHEN SUBMITTING A BID.

3. CONTRACT AND BOND.

(A) The successful bidder will be required to enter into a contract and furnish a bond guaranteeing the

faithful performance of the contract in the penal amount of the contract price, such bond to be executed by

the bidder as principal, and by a duly incorporated company authorized to guarantee the performance of the

contract and to do business in the State of New York as surety. Said bond to be approved by the Corporation

Counsel as to form and by the Comptroller of the City of Buffalo as to sufficiency of the bond. The amount

of the performance bond shall be based on the total amount of the contract, arrived at by the additions of

the totals for all groups or units listed thereon.

(B) ALTERNATIVES TO PERFORMANCE BONDS. Where the cost for the purchase of materials,

supplies or equipment does not exceed two hundred fifty thousand dollars ($250,000.00), the head of the

City agency charged with the execution of the contract may, in his/her discretion, waive the requirement of

a performance bond and authorize instead the submission of a certified check, bank draft or letter of credit

in the amount of fifty percent (50%) of said cost. Where the cost of such purchase exceeds two hundred

fifty thousand dollars ($250,000.00), the Common Council may, upon the recommendation of the head of

the city agency charged with the execution of the contract, waive the requirement of a performance bond

and authorize instead the submission of a bank draft, certified check or letter of credit in the amount of fifty

percent (50%) of said cost.

purchase orders will be issued and no performance bond or bid surety will be required. This exception does

not apply where a trade-in is involved. In such cases the gross total quoted amount shall be the determining

figure. A bid bond, or other security (bid surety), shall be required when the amount is $20,000.00 and

over.

4. DISCOUNT.

Bidder will please specify cash discount, if any; discount period to begin with receipt of invoice in the

office of the Division of Purchase. The cash discount is not to be considered in determining the low bid,

except where bids are otherwise identical.

5. PAYMENT.

Payment for material, supplies or equipment called for herein shall be made within thirty (30) days

after approved completion of contract and the rendition of proper invoice to the Division of Accounting,

1214 City Hall, Buffalo, New York 14202.

6. PATENT INFRINGEMENT.

The Contractor shall agree to indemnify and save harmless the City of Buffalo, its servants, agents and

employees from any and all suits or action at law or in equity, which may hereafter be brought against them

or either of them, for, or on account of, the infringement, or alleged infringement, of any patent or patent

rights upon or pertaining to any of the articles described herein.

7. GENERAL.

(A) The Contractor will not be allowed to take advantage of any errors or omissions. The Director of

Purchase reserves the right to reject any and all bids on any or all items in the proposal and to waive any

informality. In case of error, unit price governs.

(B) Should there be any question concerning these specifications, or the intent of these specifications, the

prospective bidder shall apply to the Director of Purchase for such information.

in the contract.

(D) The Division of Purchase reserves the right to award by item, or as a whole, or to reject any or all

bids.

8. TAXES.

Quotations shall not include any New York Sales Tax as municipalities of New York State are not

subject to this tax. No Federal Tax of any kind shall be included unless the Federal Law specifically levies

such tax against purchases made by the political subdivisions of a State.

9. TITLE.

Contractor must transfer a good and incontrovertible title to all equipment furnished hereunder free and

clear of all liens and encumbrances of whatever name and nature.

10. ASSIGNMENT AND SUBCONTRACTING

Pursuant to Section 22-9 of the City Charter, no contractor awarded a contract pursuant to bids shall

assign or subcontract any part of such contract to any person, firm or corporation by whom a proposal was

submitted to the City for the same contract. In any event, no contractor shall assign, transfer or otherwise

dispose of the within contract, or any part thereof, or any right, title or interest thereunder, without the prior

written consent of the Director. Any such purported action without such consent shall be null and void.

11. SUBCONTRACTOR LIST.

The successful bidder shall submit a list of proposed subcontractors to the Director of Purchase for his

approval and obtain his written consent thereto prior to the execution of the contract.

12. NATIONALLY KNOWN CORPORATIONS.

The Director of Purchase reserves the right to determine which corporations are to be designated as

nationally known, and his decision will be final.

13. DELIVERY DATE, PENALTIES AND EXTENSIONS OF TIME.

The delivery date shall be considered by the Director of Purchase in making the award. Such delivery

date shall be of the essence of the contract.

If the contractor and/or supplier fails to complete the contract within the specified delivery date or

within any extensions thereof granted in accordance with this section, the City may elect to permit the

contractor and/or supplier to proceed with and complete the contract, provided, however, that in any such

case such permission shall not be deemed a waiver in any respect by the City of the contractor’s and/or

supplier’s liability for damages or expenses thereby incurred by the City as a result of the failure to complete

delivery within the specified time, but such liability shall continue in full force against the contractor and/or

supplier as if such permission had not been granted.

In order to avoid all controversy in the determination of actual damages or expenses to the City for the

delay in completion of the contract by reason of the City’s election not to terminate the right of the

contractor and/or supplier to proceed with the completion of the contract, the contractor and/or supplier and

their surety shall be liable for and shall pay or allow to the City a sum equal to one percent (1%) of the total

amount of the contract per day as fixed and agreed liquidated damages for each and every calendar day,

Sundays and holidays included, after the date fixed for delivery during which time the contract shall remain

incomplete, and any such damages and expenses may be deducted by the City from any payment or

payments then due or thereafter to fall due to the contractor and/or supplier.

No extension of time for completion of this contract shall be granted unless the contractor and/or

supplier shall make written application to the Director of Purchase no later than five (5) calendar days prior

to the specified delivery date for an extension of time to complete delivery and the Director of Purchase

shall have granted such extension in writing no later than the date upon which delivery was to have been

made. The granting of any such extension and the length of time thereof shall be in the sole discretion of

the Director of Purchase.

14. NON-COLLUSIVE BIDDING CERTIFICATION.

If the bidder is a corporation, the execution of the non-collusive certification in the form of proposal

shall be deemed to include the signing to non-collusion as the act and deed of the corporation.

No bid shall be considered for an award nor will any award be made to a bidder where the proposal

does not include the statements as to non-collusion as set forth in the form of proposal herein, provided

however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and

furnish with the bid a signed statement which sets forth in detail the reasons therefor. In such event the bid

This is the opportunity summary page. You are currently viewing an overview of this opportunity and a preview of the attached documentation. For more information, please visit the Publication URL Web page.

Bid Title:	Bromine for the Department of Public Works (Parks)
Category:	City of Buffalo Bids & RFPs
Status:	Open

Bromine for the Department of Public Works (Parks)

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