Finger Lakes Community College Culinary Arts Center of Excellence Building

The County of Ontario (the “County”), will receive sealed bids for IFB# B26055 Finger Lakes Community College Culinary Arts Center of Excellence Building. Such sealed bids must be filed with the Ontario County Purchasing Director, 20 Ontario Street, Canandaigua, New York 14424, PRIOR TO 3:00 pm on Tuesday, May 19, 2026 at which time said bids will be publicly opened and read.

Project work includes building of a new Culinary Arts Center of Excellence for Finger Lakes Community College.

Only sealed hard copy bids will be accepted for this solicitation. New York State GML does not allow us to accept electronic bids for Public Works contracts.

Background

Summary Project Description: ​​The project involves the design and construction of a new,
approximately 19,287-square-foot single-story pre-engineered building situated on a 2.5-acre
parcel at 150 Lakeshore Blvd. in Canandaigua, New York 14424. The facility will feature a
diverse mix of specialized functional spaces including a demonstration theater, two (2)
hands-on teaching kitchens, a prep kitchen, beverage tasting areas, retail space, administrative
offices, conference room, and a variety of storage and support zones. Additional components
include mechanical and utility areas, an open gathering space, toilet facilities, and an outdoor
patio. The project also includes related site improvements inclusive of utility infrastructure,
parking lots and landscaping.

CONTRACT #1 – Civil /Sitework
CONTRACT #2 – General Trades Construction
CONTRACT #3 – Plumbing/Fire Protection
CONTRACT #4 – HVAC
CONTRACT #5 – Electrical

Project Details

• Reference ID: B26055
• Department: Purchasing
• Department Head: Jenifer Langer (Director)

Important Dates

• Questions Due: 2026-05-01T21:00:00.000Z
• Pre-Proposal Meeting: 2026-04-28T17:00:00.000Z — Board Committee Room 213, Second Floor, 74 Ontario Street, Canandaigua, NY 14424

Evaluation Criteria

• Instructions for Insurance Requirements —
  1. The Ontario County Insurance Requirements consist of:
     1. these instructions for Insurance Requirements
     2. proof of liability insurance
     3. proof of Workers’ Compensation insurance; and
     4. proof of Disability Insurance
  2. Proof of insurance shall be provided by the Contractor prior to standing committee approval or issuance of a purchase order. In addition, all bids and quotes require proof of insurance with the response.
  3. Any change in or waiver of insurance requirements must be approved by the County Governmental Operations and Insurance Committee. Any failure by the County to object to the contents of the certificate of insurance or the absence of same shall not be deemed a waiver of any and all rights held by the County.
  4. No Limitation of Liability: The policy limits required by these Insurance Requirements shall in no way operate or be considered as a limitation of Contractor’s liability. 
  5. Contractor must provide new ACORD certificates when any policy listed on the form expires.
  6. If Contractor maintains broader coverage and/or higher limits than the minimums shown below, the County requires and shall be entitled to the broader coverage and/or the higher limits. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.
  7. The Contractor’s insurance policies must be from an A.M. Best A rated or better insurer, authorized to conduct business in New York State. A New York State admitted insurer is preferred. The decision to accept specific insurers lies exclusively with the County.
  8. The County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstance.
  9. General Requirements for Proof of Commercial General Liability Insurance
     1. Use of ACORD Form: Proof of Commercial General Liability Insurance must be provided on a New York-approved ACORD form. ACORD Insurance Certificates must be executed by an insurance company and/or agency or broker licensed by the Insurance Department of the State of New York.
     2. The ACORD form must contain (i) the name of the agent producing the form; (ii) a policy number; (iii) policy effective date and expiration date; and (iv) the name of the Contractor, which must match the Contractor name on the Agreement.
     3. Type of policy: Commercial General Liability Insurance shall be written on an occurrence coverage form. Insurance shall include coverage for bodily injury and property damage liability.
     4. Additional Insured Status: All Commercial General Liability insurance certificates must name Ontario County as an “Additional insured.” Additional insured status must include products and completed operations. The Contractor agrees to indemnify the County for any applicable deductibles and self-insured retentions. No Action over Exclusion shall be on the policy.
     5. “Certificate Holder”: shall be “County of Ontario, 20 Ontario Street, Canandaigua, NY 14424.” The certificate holder cannot be a County department.
     6. “Description of Operations”: must say “Vendor/Contractor/Consultant services provided as per contract with Ontario County.”
     7. Non-renewal, Change, or Cancellation: Contractor shall provide written notice of any non-renewal, change, or cancellation of the policies required herein to the County of Ontario and the County Department requesting this Certificate at least thirty (30) days prior to such non-renewal, change, or cancellation. Such written notice may be provided through the County’s electronic contract system.
     8. Waiver of Subrogation: Contractor hereby grants to the County a waiver of any right to subrogation which any insurer of said Contractor may acquire against the County by virtue of the payment of any loss under such insurance. Waiver of subrogation must be indicated on the ACORD form. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the County has received a waiver of subrogation endorsement from the insurer and regardless of whether waiver of subrogation is indicated on the ACORD form.
     9. Primary / Non-contributory Coverage: Contractor’s insurance shall be primary and the County’s self-insurance program shall be excess and shall not contribute with it.
     10. Abuse & Molestation Liability: Contractors providing services to minors (0 to 18 years of age) pursuant to the contract with Ontario County shall provide proof of sexual abuse and molestation coverage.
     11. Garage Keepers Legal Liability: Contracts for vehicle repair services that are performed on the Contractor’s property require garage liability insurance with limits of $500,000 auto and other than auto.
  10. Proof of Automobile Insurance
      1. For all construction contracts, contracts requiring reimbursement of the Contractor’s mileage, or any other contract requiring use of a vehicle other than for transportation of the contractor from home/main office to the work site or from the work site to home/main office, the ACORD form must include proof of Auto Liability Coverage as set forth below.
      2. All Automobile Liability insurance certificates must name Ontario County as an “Additional insured.” The Contractor agrees to indemnify the County for any applicable deductibles and self-insured retentions. No Action over Exclusion shall be on the policy.
      3. Waiver of Subrogation: Contractor hereby grants to the County a waiver of any right to subrogation which any insurer of said Contractor may acquire against the County by virtue of the payment of any loss under such insurance. Waiver of subrogation must be indicated on the ACORD form. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the County has received a waiver of subrogation endorsement from the insurer and regardless of whether waiver of subrogation is indicated on the ACORD form.
      4. Primary / Non-contributory Coverage: Contractor’s insurance shall be primary and the County’s self-insurance program shall be excess and shall not contribute with it.
  11. General Requirements for Proof of Professional Liability Insurance
      1. Use of ACORD form: An ACORD form is strongly preferred for proof of Professional Liability Insurance. Alternative forms may be accepted, in the discretion of the Ontario County Attorney’s Office, so long as such certificates are executed by an insurance company and/or agency or broker licensed by the Insurance Department of the State of New York.
      2. The ACORD form or other approved Certificate of Insurance must contain (i) the name of the agent producing the form; (ii) a policy number; (iii) policy effective date and expiration date; and (iv) the name of the Contractor, which must match the Contractor name on the Agreement.
      3. Type of policy: Professional liability coverage shall be maintained for not less than three (3) years following expiration or termination of the Agreement OR shall the Contractor shall provide an equivalent extended reporting endorsement (commonly known as a “tail policy”).
      4. Non-renewal, Change, or Cancellation: Contractor shall provide written notice of any non-renewal, change, or cancellation of the policies required herein to the County of Ontario and the County Department requesting this Certificate at least thirty (30) days prior to such non-renewal, change, or cancellation. Such written notice may be provided through the County’s electronic contract system.
      5. Abuse & Molestation Liability: Contractors providing services to minors (0 to 18 years of age) pursuant to the contract with Ontario County shall provide proof of sexual abuse and molestation coverage.
  12. General Requirements for Proof of Umbrella/Excess Insurance
      1. Where required, proof of Umbrella/Excess insurance must be provided on a New York-approved ACORD form. ACORD Insurance Certificates must be executed by an insurance company and/or agency or broker licensed by the Insurance Department of the State of New York.
      2. Type of policy: Umbrella/Excess insurance shall be on a follow-form basis or provide broader coverage over the General Liability and Auto Liability coverages.
      3. Additional Insured Status: All Umbrella/Excess insurance certificates must name Ontario County as an “Additional insured.”
      4. Waiver of subrogation applies and Contractor’s insurance shall be primary / non-contributory.
  13. Workers’ Compensation Insurance
      1. New York State law mandates that municipal entities require their contractors or permit applicants to provide proof of Workers’ Compensation insurance OR proof of exemption from providing Workers’ Compensation insurance, in compliance with NY Workers’ Compensation Law §57.
      2. To comply with coverage provisions of the Workers’ Compensation Law, contractors must:
         1. be legally exempt from obtaining workers’ compensation insurance coverage; or
         2. obtain such coverage from insurance carriers; or
         3. be a Board-approved self-insured employer; or
         4. participate in an authorized group self-insurance plan.
      3. FORMS - Contractors or entities requesting permits from Ontario County must provide one of the following NY State-approved forms to Ontario County. NOTE - ACORD forms cannot be accepted as proof of Workers’ Compensation coverage.
         1. Form CE-200, Certificate of Attestation of Exemption from NYS Workers’ Compensation and/or Disability Benefits Coverage: Form CE-200 can be completed electronically on the NY Workers’ Compensation Board’s website, https://www.wcb.ny.gov/content/main/forms/AllForms.jsp. Under “All Forms,” search for form CE-200 and then follow the instructions to apply for an exemption on the State’s “New York Business Express” website. Please note that there are two different applications, one for businesses and one for not-for-profit organizations. Once the contractor receives the CE-200, the form must be signed and submitted by the Contractor to Ontario County. This form is only valid for one year from the date printed on the bottom of the form and a new form must be provided to Ontario County upon expiration.
         2. Form C-105.2, Certificate of Workers’ Compensation Insurance: Form C- 105.2 must be obtained from the contractor’s insurance carrier or the carrier’s licensed agent. Please note, the State Insurance Fund provides its own version of this form, the U-26.3.
         3. Form SI-12, Certificate of Workers’ Compensation Self-Insurance: Board-approved self-insured employers must obtain this form from the Board’s Self-Insurance Office by emailing selfinsurance@wcb.ny.gov. This form is only valid for one year and a new form must be provided to Ontario County upon expiration.
         4. GSI-105.2, Certificate of Participation in Worker’s Compensation Group Self-Insurance: The contractor must obtain this form from the contractor’s Group Self-Insurance Administrator. This form is only valid for one year and a new form must be provided to Ontario County upon expiration.
         5. NYS Agencies Acceptable Proof: Letter from the NYS Department of Civil Service indicating the applicant is a New York State government agency covered for workers’ compensation under Section 88-c of the Workers’ Compensation Law and exempt from NYS disability benefits.
  14. Disability Benefits Coverage
      1. New York State law mandates that municipal entities require their contractors or permit applicants to provide proof of Disability Benefits Coverage OR proof of exemption from providing Disability Benefits Coverage, in compliance with NY Workers’ Compensation Law §220 (8). 
      2. To comply with coverage provisions of the Workers’ Compensation Law, contractors must:
         1. be legally exempt from obtaining Disability Benefits Coverage; or
         2. obtain such coverage from insurance carriers; or
         3. be a Board-approved self-insured employer for disability benefits.
      3. FORMS - Contractors or entities requesting permits from Ontario County must provide one of the following NY State-approved forms to Ontario County. NOTE - ACORD forms cannot be accepted as proof of Disability Benefits Coverage.
         1. Form CE-200, Certificate of Attestation of Exemption from NYS Workers’ Compensation and/or Disability Benefits Coverage: Form CE-200 can be completed electronically on the NY Workers’ Compensation Board’s website, https://www.wcb.ny.gov/content/main/forms/AllForms.jsp. Under “All Forms,” search for form CE-200 and then follow the instructions to apply for an exemption on the State’s “New York Business Express” website. Please note that there are two different applications, one for businesses and one for not-for-profit organizations. Once the contractor receives the CE-200, the form must be signed and submitted by the Contractor to Ontario County. This form is only valid for one year from the date printed on the bottom of the form and a new form must be provided to Ontario County upon expiration.
         2. DB-120.1, Certificate of Disability Benefits Insurance: Form DB-120.1 must be obtained from the contractor’s insurance carrier or the carrier’s licensed agent.
         3. DB-155, Certificate of Disability Benefits Self-Insurance: Self-insured employers must contact the NY Office of Self-Insurance at selfinsurance@wcb.ny.gov to obtain Form DB-155.
         4. NYS Agencies Acceptable Proof: Letter from the NYS Department of Civil Service indicating the applicant is a New York State government agency covered for workers’ compensation under Section 88-c of the Workers’ Compensation Law and exempt from NYS disability benefits.
  15. Limitations of Liability / Specific Required Liability Coverages for this Contract
• METHOD OF AWARD —

  A contract, if awarded, will be to the lowest responsive/responsible bidder(s) in part or in whole who meet(s) all the terms of the Bid Specifications. The County guarantees no minimum or maximum purchase(s) as a result of award of this bid. Additionally, the County reserves the right to purchase any goods or services included as a part of this bid through any means legally available to it at any time. 

• See Attachment A for complete bid specifications including all bid forms —

  Drawings can be found in the second attachment.

• Automobile Liability —

  Auto Liability
  Any Auto OR	$1,000,000
  Owned	$1,000,000
  Hired	$1,000,000
  Non-Owned	$1,000,000

• Lease of Merchandise / Equipment —

  Commercial General Liability
  Each Occurrence	$1,000,000
  Fire Damage / Damage to Rented Premises	$50,000
  General Aggregate	$2,000,000
  Products Completed Operations	$1,000,000
  Personal & Advertising Injury	$1,000,000
  Medical Expense	$5,000

• GUARANTEE —

  The vendor guarantees that all work will be conducted in accordance with the Bid Specifications and that all goods, materials and/or equipment supplied to the County meet or exceeds the Bid Specifications. Should the goods, materials and/or equipment be found not to meet the Bid Specifications, the vendor shall remove and/or at the County’s sole discretion, replace all faulty goods, materials and/or equipment within a time frame dictated by the County at no cost to the County.

• SAMPLES —

  The vendor agrees to supply samples of any or all products offered. Said samples shall be supplied at no cost to the County and shall be delivered in the same manner and in the same packaging as would be done should there be an award. Samples shall become the property of the County and there shall be no costs associated with the samples. Delivery shall be within seven (7) calendar days of request.

• Maintenance and Repair of Equipment —

  Commercial General Liability
  Each Occurrence	$1,000,000
  Fire Damage / Damage to Rented Premises	$50,000
  General Aggregate	$2,000,000
  Products Completed Operations	$1,000,000
  Personal & Advertising Injury	$1,000,000
  Medical Expense	$5,000

• QUALIFICATION OF BIDDER —

  Bids will only be accepted from established contractors and manufacturers or their authorized dealers who can supply the goods, material, service or equipment in accordance with the Bid Specifications. In the event a dealer submits a bid, the dealer shall guarantee that he/she is an authorized dealer of the manufacturer and the manufacturer has agreed to supply the dealer with the equipment offered in the proposal and that the dealer is authorized by the manufacturer to sell the equipment within the County. Further, the dealer agrees to submit a certificate from the manufacturer acknowledging that he/she is an authorized dealer, if so requested. 

• Transportation Services —

  Commercial General Liability
  Each Occurrence	$1,000,000
  Fire Damage / Damage to Rented Premises	$50,000
  General Aggregate	$2,000,000
  Products Completed Operations	$1,000,000
  Personal & Advertising Injury	$1,000,000
  Medical Expense	$5,000
  Excess / Umbrella
  Each Occurrence	$10,000,000
  Aggregate	$10,000,000
  Sexual Abuse and Molestation  (where applicable)	$25,000

• Maintenance & Repair of Building or Property —

  **THERE SHALL BE NO COVERAGE RESTRICTIONS AND/OR EXCLUSIONS INVOLVING NEW YORK STATE LABOR LAW STATUTES OR GRAVITY RELATED INJURIES. NO XCU EXCLUSIONS. ACORD 855 NEEDS TO ACCOMPANY THE ACORD 25.

  Commercial General Liability
  Each Occurrence	$1,000,000
  Fire Damage / Damage to Rented Premises	$50,000
  General Aggregate	$2,000,000
  Products Completed Operations	$1,000,000
  Personal & Advertising Injury	$1,000,000
  Medical Expense	$5,000
  Excess / Umbrella	*Required for projects valued at $1,000,000 or more AND for any project involving work performed at an elevation above one story (10 feet)
  Each Occurrence	$5,000,000
  Aggregate	$5,000,000

• AWARD OF BID —

  The award, if any, will be made within forty-five (45) calendar days of the opening date. All successful vendors shall be notified by the Clerk of the County Board of Supervisors. Notice of awards shall be in the form of a copy of the resolution awarded by the County Board of Supervisors sent to all successful vendors by U.S. mail. 

• Janitorial Services —

  Commercial General Liability
  Each Occurrence	$1,000,000
  Fire Damage / Damage to Rented Premises	$50,000
  General Aggregate	$2,000,000
  Products Completed Operations	$1,000,000
  Personal & Advertising Injury	$1,000,000
  Medical Expense	$5,000
  Bonds	Fidelity Bond (employee dishonesty bond)
  Excess / Umbrella
  Each Occurrence	$1,000,000
  Aggregate	$1,000,000
  Sexual Abuse and Molestation  (where applicable)	$25,000

• BID DEPOSIT REFUNDS —

  All vendors requesting a refund and returning a complete set of documents, including drawings, in good condition within thirty calendar days of action by the Ontario County Board of Supervisors, shall have their deposit returned in full by U.S. Mail for the first set of specifications and plans only, per General Municipal Law. The successful vendor shall have their deposit returned and is not required to return plans and specifications.

• FINANCING OF MATERIAL OR EQUIPMENT PURCHASES —

  When any bid includes the lease and/or purchase of goods, material and/or equipment, the vendor shall submit a price on the bid form supplied by the County. The price offered shall include all delivery, finance and any other charges that may be associated with said purchases or lease. The County shall only deal with the vendors actually submitting the bid AND supplying the goods, material, service or equipment described in the Bid Specifications. Any financial or other arrangements made between the vendor and any other party as a part of this bid are strictly between those parties and the County shall not be included or be required to participate in them in any way. Furthermore, the County shall only make payments directly to the vendor awarded a contract as a result of that vendor submitting a valid bid, being deemed the successful vendor, awarded a contract and issued a purchase order. The County shall not make partial or prepayments of any kind unless stipulated in the Bid Specifications by the County.

• Lease/Use of County Facilities or Grounds/Property —

  Commercial General Liability
  Each Occurrence	$1,000,000
  Fire Damage / Damage to Rented Premises	$100,000
  General Aggregate	$2,000,000
  Products Completed Operations	$1,000,000
  Personal & Advertising Injury	$1,000,000
  Medical Expense	$5,000
  Host Liquor (Parks only; where applicable)	$1,000,000

• Non-Professional Contract Services —

  Commercial General Liability
  Each Occurrence	$1,000,000
  Fire Damage / Damage to Rented Premises	$50,000
  General Aggregate	$2,000,000
  Products Completed Operations	$1,000,000
  Personal & Advertising Injury	$1,000,000
  Medical Expense	$5,000
  Cyber Liability (where applicable)	$2,000,000
  Sexual Abuse and Molestation  (where applicable)	$25,000

• BID SECURITY —

  Each Bid must be accompanied by Bid security made payable to the Ontario County Treasurer in an amount of 5% of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements or stated in the General Conditions.

  The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within ten (10) calendar days after the Notice of Award, the OWNER may annul the Notice of Award and the Bid security of that Bidder may be forfeited. In accordance with General Municipal Law 103 the Bid security of other Bidders whom the OWNER believes to have a reasonable chance of receiving the award may be retained by the OWNER until such time as an award has been made, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned as soon as possible after the Bid opening.

  The three (3) low bidders shall have their bonds held until an award has been made by the OWNER. The remaining bonds shall be returned as soon as possible by mail. After the award has been made, the two (2) remaining unsuccessful bidders shall have their bonds returned as soon as possible by mail. The successful bidder shall have his/her bond returned by mail as soon as possible after a contract has been duly signed and is in place.

• PERFORMANCE / MATERIAL / LABOR BONDS —

  All vendors awarded a contract as a result of this bid must supply the County with a 100% performance, Material and Labor bond issued in accordance with all standard AIA contract documents and requirements naming Ontario County as obligee. Said bonds must be in force within ten (10) calendar days of notice of award by the County. Once all bonds are in effect and received by the County, the vendors bid bond will be returned by mail. The attached “Statement of Surety’s” form shall be included as a part of the vendors bid submissions.

• Professional / Consultant Services —

  Commercial General Liability	**Required for business entities OR services performed on Consultant’s property
  Each Occurrence	$1,000,000
  Fire Damage / Damage to Rented Premises	$50,000
  General Aggregate	$2,000,000
  Products Completed Operations	$1,000,000
  Personal & Advertising Injury	$1,000,000
  Medical Expense	$5,000
  Professional Liability
  Each Occurrence	$1,000,000
  General Aggregate	$2,000,000
  Cyber Liability (where applicable)	$2,000,000
  Excess / Umbrella	*Required only for Engineers, Architects, & Construction Consultants
  Each Occurrence	$5,000,000
  Aggregate	$5,000,000
  Sexual Abuse and Molestation  (where applicable)	$25,000

• Capital/New/Renovation Construction Projects —

  **THERE SHALL BE NO COVERAGE RESTRICTIONS AND/OR EXCLUSIONS INVOLVING NEW YORK STATE LABOR LAW STATUTES OR GRAVITY RELATED INJURIES. NO XCU EXCLUSIONS. ACORD 855 NEEDS TO ACCOMPANY THE ACORD 25.

  Commercial General Liability
  Each Occurrence	$1,000,000
  Fire Damage / Damage to Rented Premises	$50,000
  General Aggregate	$2,000,000
  Products Completed Operations	$1,000,000
  Personal & Advertising Injury	$1,000,000
  Medical Expense	$5,000
  Owners and Contractors	* Ontario County named as insured
  Each Occurrence	$1,000,000
  General Aggregate	$2,000,000
  Excess / Umbrella
  Each Occurrence	$5,000,000
  Aggregate	$5,000,000
  Bonds	Payment & Performance Bond

• PAYMENTS —

  Payments to all vendors will be made within thirty (30) calendar days of receipt of an approved and accepted invoice by the County. If the contract is for equipment, the County will pay the vendor awarded the contract within thirty (30) calendar days of receipt and acceptance of the equipment as fully functional and operational including training of County staff by the vendor in the operation and maintenance of the equipment and upon receipt and approval of a correct invoice from the vendor. Prior to any vendor receiving payment, the County requires that all vendors have a current completed IRS form W-9 on file with the County Finance Department. The County may, at its option, audit such books and records of the vendor as are reasonably pertinent to a contract awarded as a result of this bid to substantiate the basis for payment and compliance with the terms of the contract resulting from this bid. 

• TERM OF CONTRACT —

  Any contract resulting from the award of this bid shall be for a term of <twelve (12) months> from the date of award. The County reserves the right to renew all or any part of this contract for up to <two (2) twelve month> periods if agreeable by all parties and by resolution by the County Board of Supervisors.

• TERM OF CONTRACT —

  Any contract resulting from this bid shall be for that period of time required to complete the contract as agreed upon. This shall include all that period of time required to make any adjustments, corrections necessary as a result of the County and the vendor completing a punch list after completion of the work. This shall also include any time required to complete a shakedown of all mechanical equipment. Finally the contract period shall include all the time required by the County to make committee and board approvals for payments.

• PRICE ADJUSTMENTS —

  Unless otherwise stated in this document, at no time during the term of any contract arising from an award by the County Board of Supervisors may any of the contract pricing be changed for any reason without prior written approval by the County. The vendor may request a price adjustment after the first six months of a contract term. However, the vendor may only make one such request per (12) twelve months. If a price adjustment request is made, the vendor shall give the County a minimum of (30) thirty calendar days notification of any request for a price adjustment. Said adjustment may at no time exceed the Consumer Price Index Table 4 for all items as calculated by the County Purchasing Department. Should the County deem the requested adjustment unacceptable, the County reserves the right to terminate the contract in accordance with the terms of this bid and seek pricing from whatever sources legally available.

• TARIFF CHARGES —

  If tariffs imposed by superseding governemental authorities change during the term of this contract and directly impact the cost of a product or a clearly defined component part therof, either party may request a price adjustment if th enet change in cost attributable solely to such tariff change exceeds five percent (5%) of the total contract price. Any such adjustment shall be limited to the lesser of (i) twenty percent (20%) of the original contract price or (ii) one-half (50%) of the net increase caused by the tariff.

  Requests; must be submitted in writing and include a comprehensive cost breakdown detailing how the tariff has impacted the total cost of the finished product, must include official importer receipts or customs documentation showing proof of tariff payment and transaction date, will only be considered if clearly demonstrate a direct impact from the tariff on the specific goods or components being purchased under this contract, are subject to the County's sole discretion and written approval is required prior to the implementation of any price change.

• FUEL SURCHARGES —

  Throughout the term of the contract, the County will track fuel prices on a quarterly basis using the Energy Information Administration web site (eia.doe.gov) as the standard for determining changes in fuel costs. Within that web site, the County will use the “New York Weekly Retail Gasoline and Diesel Price” list. The price row labeled “Gasoline – All Grades” will be the County’s benchmark for the percent of change. As a part of the contract the vendor must indicate to the County in writing what percentage of their overall cost is attributed to fuel. The first day of the month immediately following the award of a resolution by the County Board of Supervisors will be the beginning of the first quarter. At the beginning of each quarter thereafter the County will check the most current schedule available. Should the average price for the earliest date listed for that month change more than ten percent (10%) from the price determined at the beginning of the contract the County will inform the company of the change and adjust payments to the company based on the percent change in fuel costs applied to the percent of their overall cost related to fuel in excess of ten percent (10%). However, should there be less than a ten percent (10%) change in the listed fuel price for any quarter relative to the fuel price listed at the beginning of the contract; the calculated fuel costs applied to the overall amount paid to the vendor will revert to the original fuel cost calculated at the beginning of the contract.

• FUEL SURCHARGES —

  The County will not pay any type of fuel surcharge on any item or contract unless specifically indicated as such by the County in the solicitation or contract. Any fuel charges added and not authorized by the County will be deleted from any payments made to the vendor. 

• TAX ON MATERIALS —

  In regard to any taxes applicable to a contract resulting from this bid, please acquire a copy of form ST-120.1 from the NYS Department of Taxation and Finance and follow accordingly.

• COMPLIANCE —

  The vendor shall comply, at its own expense, with the provisions of all federal, state and local laws, rules and regulations applicable to its performance of any contract resulting from this bid and any terms and conditions of a grant associated with any contract(s) awarded as a result of this bid.

• PROGRESS —

  The vendor shall issue progress reports to the County as the County may direct and shall immediately inform the County in writing of any cause for delay in the performance of a contract resulting from this bid.

• INDEPENDENCE —

  The vendor expressly understands and agrees that it is and shall in all respects be considered an independent contractor.  The vendor, its employees, partners, associates, subcontractors, subconsultants and any others employed or retained by the vendor in the performance of a contract resulting from this bid, are not and shall not hold themselves out nor claim to be an officer or employee of the County, nor make claim to any rights accruing thereto, including but not limited to Workers Compensation, Unemployment Benefits, Social Security or retirement plan membership or credit. Further, vendor, by virtue of his/her independent contractor status, shall under no circumstance constitute an employee of the County for purposes of the Affordable Care Act, shall not be entitled to any subsidy or credit in connection with this bid, and agrees if the County were to be assessed a penalty related to this bid that vendor will defend and indemnify the County for any said penalty or related penalty.

• NON-DISCRIMINATION —

  The vendor expressly agrees that:

  1. in the hiring of employees for the performance of a contract resulting from this bid, neither the vendor, any subcontractor, nor any person acting on their behalf, shall discriminate against any person on the basis of any characteristic or classification protected under New York State or federal anti-discrimination laws, who is otherwise qualified and available to perform the work to which the employment relates; and
  2. neither the vendor, any subcontractor, nor any person acting on behalf of such vendor or subcontractor shall, in any manner, harass, discriminate against or retaliate against any employee hired for the performance of work under this Agreement on account of any characteristic or classification protected under New York State or federal anti-discrimination laws; and
  3. in the course of performance of work under a contract resulting from this bid, neither the vendor, any subcontractor, nor any person acting on their behalf shall, in any manner, harass, discriminate against, or retaliate against any person on account of any characteristic or classification protected under New York State or federal anti-discrimination laws; and
  4. that there may be deducted from the amount payable to the vendor by the County under any contract resulting from this bid a penalty of fifty dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; and
  5. that any contract resulting from this bid may be cancelled or terminated by the County, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of this section.
• NO CONFLICT —

  The vendor agrees that it has no interest and will not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the services and duties hereunder. The vendor further agrees that, in the performance of a contract resulting from this bid, no person having any such interest shall be employed by it.

  The vendor represents and warrants that it has not employed or retained any person, other than a bona fide full-time salaried employee working solely for the vendor to solicit or secure a contract resulting from this bid, and that it has not paid or agreed to pay any person (other than payments of fixed salary to a bona fide full-time salaried employee working solely for the vendor) any fee, commission, percentage, gift or other consideration, contingent upon or resulting from the award or making a contract resulting from this bid. For the breach or violation of this provision, without limiting any other rights or remedies to which the County may be entitled or any civil or criminal penalty to which any violator may be liable, the County shall have the right, in its discretion, to terminate a contract resulting from this bid without liability, and to deduct the contract price, or otherwise to recover, the full amount of such fee, commission percentage, gift or consideration.

• RECORDS —

  All original records compiled by the vendor in performing under a contract resulting from this bid, including but not limited to written reports, studies, drawings, blueprints, negatives of photographs, computer printouts, graphs, charts, plans, specifications and all similar recorded data, shall become and remain the property of the County. The vendor may retain copies of such records for its own use.

• INSURANCE —

  Failure to secure and maintain the required insurances contained in the Insurance Requirements section which is attached hereto and made a part hereof, is a material breach of any contract(s) awarded as a result of this bid. Vendor shall reimburse the County for any funds expended by the County that would have been paid by Vendor’s insurance carrier under any required insurance. Should vendor’s required insurance be cancelled or lapse in any way, vendor shall submit the insurer’s notice of cancellation or lapse to the County within two business days of receipt.

• DEFENSE AND INDEMNIFICATION —

  The vendor agrees to the fullest extent of the law:

  1. that except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of the County, the vendor shall indemnify and hold harmless the County, its officers, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorneys' fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the vendor or third parties under the direction or control of the vendor; and
  2. to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of the acts or omissions referred to in sub-paragraph “(a)” above and to bear all other costs and expenses related thereto. The duty to defend hereunder shall be triggered immediately upon notice to the vendor by the County of the County’s receipt of a Notice of Claim, service of process or other demand or claim.

  These defense and indemnification obligations shall survive the expiration or termination of any contract resulting from this bid, whether occasioned by the contract’s expiration or earlier termination.

• TERMINATION —

  The County, upon ten (10) calendar days’ notice to the vendor, may terminate any contract(s) resulting from this bid in whole or in part when the County deems it to be in its best interest, whether with or without cause. In such event, the vendor shall be compensated and the County shall be liable only for payment for goods, materials, equipment and/or services provided under any contract(s) awarded as a result of this bid up to the effective date of termination.

  In the event of a dispute as to the value of services rendered by the vendor prior to the effective date of termination, it is understood and agreed that the County shall determine the value of such services rendered by the vendor. Such reasonable and good faith determination shall be accepted by the vendor as final.

  Should the equipment fail to perform as advertised at any point within the timeframe of the guarantee, the vendor shall, at its own expense, and at the County's option, repair or replace said equipment. Should the vendor fail to make the equipment operate as advertised within a reasonable amount of time as determined by the using department and the County Attorney, the vendor agrees to remove the equipment and refund the County a prorated amount as follows: the percentage of time the equipment ran as advertised, as documented by the County, in comparison to the manufacturers guarantee shall be calculated and that percentage of the original purchase price shall be deducted and the remainder of the original purchase price shall be refunded to the County. No finance or any other charges shall be assessed to or by either party.

  In the event the County determines that there has been a material breach by the vendor of any of the terms of any contract(s) awarded as a result of this bid and such breach remains uncured for five (5) days after service on the vendor of written notice thereof, the County, in addition to any other right or remedy it might have, may terminate any contract(s) awarded as a result of this bid and the County shall have the right, power and authority to complete that which is required by the contract awarded as a result of this bid, and any additional expense or cost of such completion shall be charged to and paid by the vendor. Service of notice hereunder shall be effective on the date of mailing.

• JUDGMENTS/LEGAL FINDINGS —

  By submitting this bid for consideration, the vendor affirms that they currently have no judgments or other legal findings nor have any pending judgments or other legal findings against the company, its executives or any other person that will be employed in any fashion as a part of this contract, with any federal, state or local governmental entities that in any way could impact or have the potential to impact their ability to legally complete any contract awarded them as a result of this bid. Failure to disclose any such judgments and/or findings will result in the termination of any contracts and other penalties as deemed legal and appropriate by the County.

• BUILDING PERMITS/CODE ENFORCEMENT —

  Vendor(s) awarded any contract for the County are responsible for conforming to all Federal, State and local building and construction codes in effect for all types of work involved in the completion of their contract.

  Additional Requirements: Vendors are responsible for compliance with requirements in Ontario County Local Law 4 of 2022 which provides for local administration and enforcement of the NYS Uniform Fire Prevention and Building Code. Local Law 4 of 2022 includes additional inspection and certification requirements that will directly impact project scheduling.

  Building Permits: Prior to the start of construction, all building permits necessary to complete the work hereunder shall be secured. After award of contracts, all questions and issues relating to building code compliance and permits are to be forwarded to the Ontario County Code Enforcement Officer: 585-396-4455

• SAFETY PROGRAM REQUIREMENT —

  Prior to the start of construction, the successful vendor will be required to submit an acceptable site specific safety program outline to the Ontario County Safety Coordinator for their review. 

• CATASTROPHIC EMERGENCY SERVICE —

  This clause may be enacted upon the issuance of a “State of Emergency” by the governor of New York State, Federal Emergency Management agency or other authorized governmental agency. This is being incorporated for the purpose of establishing a priority response to needs by the County of Ontario for goods and services included as a part of any contract awarded as a result of this bid.
  The successful vendor(s) agree to provide all associated products and/or services on a 24 hour a day seven day a week basis upon verbal or written notification by a representative of the County Purchasing department or other assigned representative. Said products/services shall be supplied within twelve hours of notification by the County Monday through Friday between 8:00 AM and 5:00 PM and within twenty-four hours during Saturday and Sunday, off hours or any Federal holiday. 
  The vendor shall submit with their bid response a list of at least three names and telephone numbers of individuals having the authority to initiate the delivery of said products or services as needed. Upon the request of the County, the vendor shall also supply a detailed plan for backup delivery of products and/or services in the event their main supplier is unable to fulfill the Counties request.

• PREVAILING WAGES —

  All vendors submitting bids agree to conform to all New York State (“NYS”) and federal Department of Labor and prevailing wage laws. The County has applied for and has received all PRC numbers for this project, which, if applicable, have been included with this document as an attachment. The successful vendor(s) is/are responsible for complying with all current labor rates and regulations throughout the duration of any contract resulting from this bid. For policy or rate questions call the NYS Department of Labor at (585) 258-4505. Actual rates are available via the internet at: http://www.labor.ny.gov/workerprotection/publicwork/pwratesch.shtm or for questions regarding federal labor rates and policy questions call 1-866-487-2365.

  The County will only pay and the vendor agrees to only charge prevailing wage rates to those employees of any organization that are required by NYS law to receive said rates in the course of doing work for the County. No payments will be made to any vendor covered under a contract resulting from this bid prior to the vendor supplying the County with certified payrolls in accordance with NYS Department of Labor regulations. The vendor agrees to verify all rates with the NYS Department of Labor prior to submitting a proposal and prior to doing any work for the County as well as to establish which of the those workers involved in any part of a contract for the County are required by law to receive said rates.

  Corporations and partnerships submitting proposals are hereby informed that ALL personnel involved in the performance of a contract resulting from this bid must be paid the prevailing rate or above in accordance with the current NYS labor laws in effect during the course of performance. This includes all owners, partners and other management and other employees as required.

  If there are federal funds involved in a contract resulting from this bid, it is the responsibility of the vendor to comply with the higher of the two prevailing wage schedules listed above.

• NOTES —

  Vendors currently on the NYS Department of Labor Debarred list will not be considered for award of this contract. By submitting a bid for consideration, the vendor is representing to the County that they are currently in good standing with the NYS Department of Labor at the time of the bid submission.

  In accordance with chapter 282 of NYS Labor Law 220-h for all public works projects of $250,000.00 or more, prior to performing any work relating to said project every worker covered under any contract relating to said project shall have completed an Occupational Safety and Health Administration (“OSHA”) 10 safety training course. As proof of completion of the training course each contractor and subcontractor must attach a copy of proof of completion of the OSHA 10 course to the first payroll submitted to the County and on each succeeding payroll where any new or additional employee is first listed. For further information or acceptable types of proof contact the NYS Department of Labor at the number listed above or at (518) 485-5696

• IRAN DIVESTMENT ACT —

  By submitting a bid in response to this solicitation or by assuming the responsibility of a contract awarded hereunder, bidder/contractor (or any assignee) certifies that it is not on the list of "Entities determined to be non-responsive bidders/offerors pursuant to The New York State Iran Divestment Act of 2012" ("Prohibited Entities List") posted on the New York State Office of General Services (“OGS”) website at: http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize on any contract(s) awarded as a result of this bid any subcontractor that is identified on the Prohibited Entities List. Additionally, bidder/contractor is advised that should it seek to renew or extend any contract(s) awarded as a result of this bid, it must provide the same certification at the time the contract is renewed or extended. 

  During the term of any contract(s) awarded as a result of this bid, should the County receive information that a person (as defined in New York State Finance Law Section 165-a) is in violation of the above-referenced certifications, the County will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that he/she has ceased its engagement in the investment activity which is in violation of The New York State Iran Divestment Act of 2012 within ninety (90) days after the determination of such violation, then the County shall take such action(s) as may be appropriate and provided for by law, vile, or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the bidder/contractor in default. 

  The County reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award.

• SUBSTITUTE OR "OR EQUAL" ITEMS —

  A Contract, if awarded, may be on the basis of materials and equipment as described in the Drawings, and Bid Specifications, and “or equal” items submitted by the bidder and accepted by the County. 

  The bidder may offer “or equal” items that meet the same performance and reliability standards as specified herein. If the bidder offers an “or equal” item, the bidder must include with the bid submission, documentation establishing equality of construction, operation and utility. Said “or equal” items shall be accepted or rejected based upon the County’s evaluation of the submitted documentation. All costs associated with the review of any “or equal” items prior to recommendation of award, shall be at the bidder's expense. 

  If a submitted “or equal” item is rejected, the bidders shall be afforded an opportunity to meet with the County to offer additional qualifying opinions and information prior to the County rejecting the bid. However, if the County determines that the materials or equipment do not meet the minimum acceptable specification, the vendor will not have the opportunity to offer the County other alternatives or to offer the original equipment specified by the County. Additionally, the bidder shall not have the opportunity to submit any alternative materials or equipment after the bids have been opened or awarded. Neither the County nor its representatives shall make any determinations as to equality of materials or equipment prior to the opening of bids. 

  The decision to accept or reject an “or equal” item rests solely with the County. If a substitute “or equal” item is not accepted by the County, the bid will be deemed non-responsive and the County shall reject this bid. The next lowest responsive bid shall then be reviewed for recommendation of award.

• NON-APPROPRIATIONS CLAUSE —

  In accordance with the GML, the County will not be liable for any purchases or contracts for which funding is not available. As a result, the vendor agrees to hold the County harmless for any contracts let for which funding either does not currently exist or for which funding has been removed prior to the issuance of a purchase order by the County. Issuance of a purchase order by the County indicates that the County currently has and has set aside adequate funds to procure the goods and services indicated in the purchase order or contract. Receipt of a resolution by the County Board of Supervisors is not in and of itself a binding contract with the County. Should it become necessary for the County to cancel a project or purchase after an order to proceed or purchase order has been issued, the County will only be liable for and the vendor agrees to only assess those financial damages that it can prove to have incurred as a direct result of the cancellation. See Bid Form for further notes. 

• NON-ASSIGNMENT —

  In accordance with GML Section 109, at no time during the duration of any contract(s) resulting from this bid, shall the successful vendor be allowed to assign, transfer, convey, sublet or otherwise dispose of the same, or of their right, title, or interest therein, or their power to execute such contract, to any other person or corporation any portion of the contract to a third party without the prior express written approval of the County Board of Supervisors.

• EMPLOYEE VERIFICATION REQUIREMENTS —

  All vendors and all municipal entities included under any contract(s) resulting from an award of this bid are required to comply with all current state, federal and local laws, rules and regulations as they pertain to the verification of the ability of each employee to legally work in this state and country. This includes all employees, subcontractors and their employees engaged in work covered by said contract.

  All vendors shall, upon request, supply the County with certified copies of U.S. Citizenship and Immigration Services Form I-9 for all employees, subcontractors and their employees. These forms should be on file at the vendor’s home office and are available online at http://www.uscis.gov/files/form/i-9.pdf . By submitting a bid for consideration by the County, the vendor acknowledges that it has complied with and will continue to comply with all regulations and statutes concerning the verification of employee status.

• MISCELLANEOUS —

  If any provision of a contract resulting from this bid is determined to be invalid or unenforceable, that shall not affect the validity or enforceability of the remaining portions of the contract resulting from this bid. Any such invalid or unenforceable provision shall be modified so as to give effect to the original intent of the parties to the maximum extent possible. Each and every provision of law and clause required by law to be inserted in a contract resulting from this bid shall be deemed to have been inserted herein, and if through mistake or inadvertence such provision is not inserted, said clause shall be deemed to have been inserted and shall have the full force and effect of law. Any contract resulting from this bid shall be construed and enforced in accordance with the laws of the State of New York.

• BID FORM RESPONSES —

  When filling out the Bid Form, be certain that:

  1. All blanks are filled in with the requested information;
  2. All forms are signed in blue or other non-black ink;
  3. All areas requiring a price are to be filled in as follows:
     1. Supply a numerical price for all products or services to be provided. (This includes a $0.00 if there is no additional cost for any item);
     2. The words “No Bid” if you are not interested in or unable to perform any particular portion for the bid;
     3. All markings other than those indicated above or any blank spaces where prices are indicated shall be deemed as a “no bid” by the County and shall make the vendor non-responsive for that particular item (s). No exceptions shall be made in this case. 

Submission Requirements

• Pricing Proposal —

  Please upload your pricing here

• How will you collect pricing? (required)
• Is this a Public Works project? (required) —

  Select yes to show prevailing wage section and language

• Prevailing wage article 8 or 9? (required)
• Will this solicitation allow for subcontractors? (required)
• Project Purpose? (required) —

  Format: Project work includes __________ 

  Example: storm drain cleaning services

• Contract term type? (required)
• Does this IFB require insurance? (required) —

  Select yes to show insurance requirements

• Will this solicitation/contract require automobile liability? (required) —

  Select yes if the contract is a construction contract, a contract requiring reimbursement of the Contractor’s mileage, or a contract requiring use of a vehicle other than for transportation of the contractor from home/main office to the work site or from the work site to home/main office

• Vendor's Classification? (required) —

  Please select the relevant vendor classification for insurance requirements

• Bonding Requirements? (required)
• Will catastrophic emergency services apply to this project? (required) —

  Select yes to show relevant verbiage and add vendor questionnaire item

• Do quarterly fuel adjustments apply? (required)
• Will price adjustments be allowed? (required)
• Will Tariff adjustments be allowed? (required)
• Will there be a credit/records check for the vendor?